WINDING CYPRESS
COMMUNITY DEVELOPMENT
DISTRICT
COLLIER COUNTY
REGULAR BOARD MEETING
DECEMBER 1, 2015
1:00 P.M.
Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, FL 33410
www.windingcypresscdd.org
561.630.4922 Telephone
877.SDS.4922 Toll Free
561.630.4923 Facsimile
AGENDA
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT
Sales Office
7225 Wiregrass Court
Naples, Florida 34114
REGULAR BOARD MEETING AND RECONVENED PUBLIC HEARING 3
December 1, 2015
1:00 p.m.
A. Call to Order
B. Proof of Publication……………………………………………………………………………………..Page 1
C. Establish a Quorum
D. Additions or Deletions to Agenda
E. Comments from the Public for Items Not on the Agenda
F. Approval of Minutes
1. November 3, 2015 Special Board Meeting, Initial Landowners’ Meeting &
Public Hearing Minutes……………………………………………………………………………Page 3
G. Reconvened Public Hearing 3 – Levy Non Ad-Valorem Assessments
H. Old Business
I.
New Business
1. Consider Approval of Interlocal Agreement for the Preparation and Submission of Non-Ad
Valorem Assessment Roll and the Related Uniform Collection and Enforcement………………..Page 15
2. Consider Resolution No. 2015-26 – Delegation Resolution………………………………………Page 22
3. Consider Resolution No. 2015-27 – Statewide Mutual Aid……………………………………….Page 32
4. Consider Approval of Revised Master Special Assessment Methodology Report………………..Page 59
5. Consider Resolution No. 2015-28 – Supplement to the Assessment Resolution No. 2015-24……Page 79
J.
Administrative Matters
K. Board Members Comments
L. Adjourn
Page 1
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
A.
CALL TO ORDER
The Special Board Meeting of the Winding Cypress Community Development District was
called to order at 1:05 p.m. in the Sales Office located at 7225 Wiregrass Court, Naples, Florida
34114.
B.
PROOF OF PUBLICATION
Proof of publication was presented that Notice of the Special Board Meeting had been published
in the Naples Daily News on October 20, 2015, and October 27, 2015, as legally required.
C.
RECESS SPECIAL BOARD MEETING
The Special Board Meeting was then recessed at 1:07 p.m.
D.
INITIAL LANDOWNERS’ MEETING
1. Call to Order
The Initial Landowners’ Meeting was called to order at 1:07 p.m. in the Sales Office located at
7225 Wiregrass Court, Naples, Florida 34114.
2. Proof of Publication
Proof of publication was presented that Notice of the Initial Landowners’ Meeting had been
published in the Naples Daily News on October 9, 2015, and October 16, 2015, as legally
required.
3. Establish a Quorum
It was determined that a quorum was established with the following Landowners present:
Scott Brooks
Mike Hueniken
Laura Ray
Patrick Butler
David Genson
Present
Present
Present
Present
Present
4. Consider Adoption of Election Procedures
There was a consensus of the Landowners present to adopt the Election Procedures.
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
5. Election of Chair for Landowners’ Meeting
Mr. Brooks was elected Chair for the Landowners’ Meeting by a consensus of the Landowners
present.
6. Election of Secretary for Landowners’ Meeting
Mr. Todd Wodraska was elected Secretary for the Landowners’ Meeting by a consensus of the
Landowners present.
7. Election of Supervisors
 Determine Number of Voting Units Represented or Assigned by Proxy
It was determined that there were 75 voting units represented or assigned by proxy.

Nomination of Candidates
The following candidates were nominated:
Scott Brooks, Mike Hueniken, Laura Ray, Patrick Butler and David Genson.

Casting of Ballots
Ballots were then cast.

Ballot Tabulations
The following ballot tabulations were announced:
Scott Brooks received 75 votes and he was elected to a 4-year term of office;
Mike Hueniken received 75 votes and he was elected to a 4-year term of office;
Laura Ray received 74 votes and she was elected to a 2-year term of office;
Patrick Butler received 74 votes and he was elected to a 2-year term of office; and
David Genson received 74 votes and he was elected to a 2-year term of office

Certification of Results
The results of the election were certified by Mr. Brooks.
8. Landowner Comments
There were no comments from the Landowners.
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
9. Adjournment
There being no further business to address, the Initial Landowners’ Meeting was adjourned at
1:09 p.m.
E.
RECONVENE SPECIAL BOARD MEETING
The Special Board Meeting was then reconvened at 1:09 p.m.
F.
SEAT NEW BOARD MEMBERS
Mr. Todd Wodraska swore in the newly elected Board Members.
G.
ADMINISTER OATH OF
RESPONSIBILITIES AND DUTIES
H.
OFFICE
&
REVIEW
BOARD
MEMBER
ESTABLISH A QUORUM
It was determined that the attendance of the following Supervisors constituted a quorum and it
was in order to proceed with the meeting:
Scott Brooks
Mike Hueniken
Laura Ray
Patrick Butler
David Genson
Present
Present
Present
Present
Present
Also present were the following Staff members:
District Manager
District Manager
District Counsel
District Counsel
District Engineer
Bond Counsel
Kathleen Dailey
Todd Wodraska
Jonathan Johnson
Alyssa Willson
Josh Evans
Stephen Sanford (via telephone)
Special District Services, Inc.
Special District Services, Inc.
Hopping Green & Sams
Hopping Green & Sams
JR Evans Engineering
Greenberg Traurig
Also present was Peter L. Pimentel of Special District Services (via telephone).
Page 3 of 12
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
I.
ELECTION OF OFFICERS
The Board discussed officers of the District and approved the following slate with one motion:
 Chairman
Scott Brooks
 Vice Chairman
Mike Hueniken
 Treasurer/Assistant Secretary
Todd Wodraska
 Secretary/Assistant Treasurer
Kathleen Dailey
 Assistant Secretaries
Laura Ray, Patrick Butler and David Genson
A motion was made by Mr. Hueniken, seconded by Ms. Ray to appoint the above slate of
officers of the Winding Cypress Community Development District, as presented. Upon being
put to a vote, the motion carried 5 to 0.
J.
ADDITIONS OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.
K.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA
There were no comments from the public for items not on the agenda.
L.
APPROVAL OF MINUTES
1. September 22, 2015, Special Organizational Board Meeting
The minutes of the September 22, 2015, Special Organizational Board Meeting were presented
for approval.
A motion was made by Ms. Ray, seconded by Mr. Brooks and passed unanimously to approve
the minutes of the September 22, 2015, Special Organizational Board Meeting, as presented.
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
M.
CONSIDER RESOLUTION NO. 2015-21 – CANVASSING AND CERTIFYING
THE RESULTS OF THE LANDOWNERS’ ELECTION
Resolution No. 2015-21 was presented, entitled:
RESOLUTION 2015-21
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT
CANVASSING AND CERTIFYING THE RESULTS OF THE
LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO
SECTION 190.006(2), FLORIDA STATUTES, AND PROVIDING FOR AN
EFFECTIVE DATE
A motion was made by Ms. Ray, seconded by Mr. Brooks and passed unanimously to adopt
Resolution No. 2015-21, as presented.
The Special Board Meeting was then recessed and Public Hearing 1 was called to order.
N.
PUBLIC HEARING 1 – Rules of Procedure
1. Proof of Publication
Proof of publication was presented that Notice of Public Hearing 1 – Rules of Procedure had
been published in the Naples Daily News on September 30, 2015 and October 1, 2015, as legally
required.
2. Establish a Quorum
It was determined that the attendance of the following Supervisors constituted a quorum and it
was in order to proceed with the meeting:
Chairman
Vice Chairman
Supervisor
Supervisor
Supervisor
Scott Brooks
Mike Hueniken
Laura Ray
Patrick Butler
David Genson
Present
Present
Present
Present
Present
Also present were the following Staff members:
District Manager
District Manager
District Counsel
Kathleen Dailey
Todd Wodraska
Jonathan Johnson
Special District Services, Inc.
Special District Services, Inc.
Hopping Green & Sams
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
District Counsel
District Engineer
Bond Counsel
Alyssa Willson
Josh Evans
Stephen Sanford (via telephone)
Hopping Green & Sams
JR Evans Engineering
Greenberg Traurig
Also present was Peter L. Pimentel of Special District Services (via telephone).
3. Receive Public Comment on Adopting the Rules of Procedure
There was no public comment on the Adoption of the Rules of Procedure.
4. Consider Resolution No. 2015-22 – Adopting Rules of Procedure
Resolution No. 2015-22 was presented, entitled:
RESOLUTION 2015-22
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE WINDING CYPRESS COMMUNITY DEVELOPMENT
DISTRICT ADOPTING RULES OF PROCEDURE;
PROVIDING
A
SEVERABILITY
CLAUSE;
AND
PROVIDING AN EFFECTIVE DATE.
Ms. Willson explained the purpose of the resolution.
A motion was then made by Mr. Hueniken, seconded by Ms. Ray and passed unanimously to
adopt Resolution No. 2015-22, as presented.
5. Adjournment
There being no further business to conduct, Public Hearing 1 was adjourned.
Public Hearing 2 was then called to order.
O.
PUBLIC HEARING 2 – Uniform Method (Chapter 197.3632, F.S.)
1. Proof of Publication
Proof of publication was presented that Notice of Public Hearing 2 – Uniform Method had been
published in the Naples Daily News on October 6, 2015, October 13, 2015, October 20, 2015,
and October 27, 2015, as legally required.
2. Establish a Quorum
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
It was determined that the attendance of the following Supervisors constituted a quorum and it
was in order to proceed with the meeting:
Chairman
Vice Chairman
Supervisor
Supervisor
Supervisor
Scott Brooks
Mike Hueniken
Laura Ray
Patrick Butler
David Genson
Present
Present
Present
Present
Present
Also present were the following Staff members:
District Manager
District Manager
District Counsel
District Counsel
District Engineer
Bond Counsel
Kathleen Dailey
Todd Wodraska
Jonathan Johnson
Alyssa Willson
Josh Evans
Stephen Sanford (via telephone)
Special District Services, Inc.
Special District Services, Inc.
Hopping Green & Sams
Hopping Green & Sams
JR Evans Engineering
Greenberg Traurig
Also present was Peter L. Pimentel of Special District Services (via telephone).
3. Receive Public Comment on Intent to Utilize the Uniform Method of Levying,
Collecting and Enforcing Non-Ad Valorem Assessments
There was no public comment on the Intent to Utilize the Uniform Method of Levying,
Collecting and Enforcing Non-Ad Valorem Assessments.
4. Consider Resolution No. 2015-23 – Intent to Utilize the Uniform Method of
Levying, Collecting and Enforcing Non-Ad Valorem Assessments
Resolution No. 2015-23 was presented, entitled:
RESOLUTION 2015-23
RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE WINDING CYPRESS COMMUNITY DEVELOPMENT
DISTRICT EXPRESSING ITS INTENT TO UTILIZE THE
UNIFORM METHOD OF LEVYING, COLLECTING, AND
ENFORCING NON AD VALOREM ASSESSMENTS
WHICH MAY BE LEVIED BY THE WINDING CYPRESS
COMMUNITY
DEVELOPMENT
DISTRICT
IN
ACCORDANCE WITH SECTION 197.3632, FLORIDA
STATUTES; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
Ms. Willson explained the resolution was in accordance with statutory requirements to have the
option to place special assessments on tax bills once bonds are issued. Mr. Brooks asked if this
means the assessment goes on the bills next year, not this year. Mr. Johnson opined that it is
anticipated that the Board would be collecting via the uniform method, at the earliest, next year.
A motion was then made by Mr. Brooks, seconded by Ms. Ray and passed unanimously to adopt
Resolution No. 2015-23, as presented.
5. Adjournment
There being no further business to conduct, Public Hearing 2 was adjourned.
Public Hearing 3 was then called to order.
P.
PUBLIC HEARING 3 – Levy Non Ad-Valorem Assessments
1. Proof of Publication
Proof of publication was presented that Notice of Public Hearing 3 – Levy of Non-Ad Valorem
Assessments had been published in the Naples Daily News on October 20, 2015, and October 27,
2015, as legally required.
2. Establish a Quorum
It was determined that the attendance of the following Supervisors constituted a quorum and it
was in order to proceed with the meeting:
Chairman
Vice Chairman
Supervisor
Supervisor
Supervisor
Scott Brooks
Mike Hueniken
Laura Ray
Patrick Butler
David Genson
Present
Present
Present
Present
Present
Also present were the following Staff members:
District Manager
District Manager
District Counsel
District Counsel
District Engineer
Bond Counsel
Kathleen Dailey
Todd Wodraska
Jonathan Johnson
Alyssa Willson
Josh Evans
Stephen Sanford (via telephone)
Special District Services, Inc.
Special District Services, Inc.
Hopping Green & Sams
Hopping Green & Sams
JR Evans Engineering
Greenberg Traurig
Also present was Peter L. Pimentel of Special District Services (via telephone).
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
3. Receive Public Comment Regarding Intent to Levy Non-Ad Valorem
Assessments
There was no public comment regarding the District’s Intent to Levy Non-Ad Valorem
Assessments.
4. Consider Adjusting and Equalizing Non-Ad Valorem Special Assessments Based
on Comments from the Public
It was determined that there were no members of the public present and therefore no public
comments.
5. Consider Approval of the Project and the Levy of Special Assessments
Ms. Willson explained the Chapter 170 hearing process, stating that the purpose of this public
hearing is to consider public comment on the District’s intent to levy the master special
assessments that are required as security for repayment in order for the District to issue special
assessment bond, the proceeds of which will be used to fund the District’s infrastructure
improvements. In order for the assessments to be valid, the land that is subject to the special
assessments must receive a benefit from the improvements, and the special assessments must be
reasonably apportioned among the lands subject to the special assessments. Although the special
assessments will be levied upon the adoption of Resolution No. 2015-24, there will be no
obligation for landowners to pay special assessments until bonds are actually issued by the
District.
Mr. Evans went over the Engineering Report. Ms. Willson asked Mr. Evans if, based on his
professional experience, the cost estimates in the Engineer’s Report are reasonable and proper,
and Mr. Evans responded yes. Ms. Willson asked Mr. Evans if he was aware of any reason to
believe that the project cannot be carried out by the District, and Mr. Evans responded no.
Mr. Wodraska went over the Methodology Report. Ms. Willson asked Mr. Wodraska whether,
in his professional opinion, the lands subject to the assessments receive special benefits from the
District’s Capital Improvement Program, and he responded yes. Ms. Willson asked Mr.
Wodraska if, in his professional opinion, the Special Assessments are reasonably apportioned
among the lands subject to the special assessments, and he responded yes. Ms. Willson asked
Mr. Wodraska if, in his professional opinion, it is reasonable, proper and just to assess the costs
of the Capital Improvement Program against the lands in the District in accordance with the
methodology which results in the Special Assessments set forth on the final assessment roll, and
he responded yes. Ms. Willson asked if it is Mr. Wodraska’s opinion that the special benefits the
lands will receive, as set forth in the final assessment roll, will be equal to or in excess of the
Maximum Special Assessments thereon when allocated as set forth in the methodology, and he
responded yes. Ms. Willson asked if it is Mr. Wodraska’s opinion that it is in the best interests
Page 9 of 12
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
of the District that the Maximum Special Assessments be paid and collected in accordance with
the methodology and the District’s assessment resolutions, and he responded yes.
6. Consider Resolution No. 2015-24 – (1) Intent to Levy Non-Ad Valorem
Assessments; (2) Adopting of Final Assessment Roll Pursuant to Chapter 170 F.S.
Resolution No. 2015-24 was presented, entitled:
RESOLUTION 2015-24
A RESOLUTION AUTHORIZING DISTRICT PROJECTS
FOR CONSTRUCTION AND/OR ACQUISITION OF
INFRASTRUCTURE IMPROVEMENTS; EQUALIZING,
APPROVING, CONFIRMING, AND LEVYING SPECIAL
ASSESSMENTS ON PROPERTY SPECIALLY BENEFITED
BY SUCH PROJECTS TO PAY THE COST THEREOF;
PROVIDING
FOR
THE
PAYMENT
AND
THE
COLLECTION OF SUCH SPECIAL ASSESSMENTS BY
THE METHODS PROVIDED FOR BY CHAPTERS 170,
AND 190, FLORIDA STATUTES; CONFIRMING THE
DISTRICT'S
INTENTION
TO
ISSUE
SPECIAL
ASSESSMENT BONDS; MAKING PROVISIONS FOR
TRANSFERS
OF
REAL
PROPERTY
TO
GOVERNMENTAL BODIES; PROVIDING FOR THE
RECORDING
OF
AN
ASSESSMENT
NOTICE;
PROVIDING FOR SEVERABILITY, CONFLICTS AND AN
EFFECTIVE DATE.
Ms. Willson read Resolution No. 2015-24 into the record and explained its purpose. She
requested that the Board adopt the resolution, in form, to allow staff to make minor changes to
statutory cites.
A motion was made by Mr. Brooks, seconded by Ms. Ray and passed unanimously to approve
Resolution No. 2015-24, in form.
7. Public Hearing 3 Continuance
A motion was then made by Ms. Ray, seconded by Mr. Hueniken and passed unanimously to
recess Public Hearing 3 until 1:00 p.m. on December 1, 2015, at the Sales Office located at 7225
Wiregrass Court, Naples, Florida 34114.
The Special Board Meeting was then reconvened.
Q.
OLD BUSINESS
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
There were no Old Business items to come before the Board.
R.
NEW BUSINESS
1.
Consider Resolution No. 2015-25 – Adopting the Alternative Investment
Guidelines
Resolution No. 2015-25 was presented, entitled:
RESOLUTION NO. 2015-25
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT,
ADOPTING THE ALTERNATIVE INVESTMENT GUIDELINES FOR
INVESTING PUBLIC FUNDS IN EXCESS OF AMOUNTS NEEDED TO
MEET CURRENT OPERATING EXPENSES, IN ACCORDANCE WITH
SECTION 218.415(17), FLORIDA STATUTES.
Mr. Wodraska explained that these guidelines are recommended by the auditor in order to
explain where funds will be invested.
A motion was made by Ms. Ray, seconded by Mr. Hueniken and passed unanimously to adopt
Resolution No. 2015-25, as presented.
S.
ADMINISTRATIVE MATTERS
There were no Administrative Matters to come before the Board.
T.
BOARD MEMBER COMMENTS
There were no comments from the Members of the Board.
U.
ADJOURNMENT
There being no further business to come before the Board, Special Board Board Meeting was
adjourned at 1:38 p.m. There were no objections.
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WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL BOARD MEETING, INITIAL LANDOWNERS’ MEETING
& PUBLIC HEARINGS
NOVEMBER 3, 2015
Chairman/Vice Chairman
Secretary/Assistant Secretary
Date Approved
Page 12 of 12
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Page 15
Page 16
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RESOLUTION NO. 2015–26
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT (THE
“DISTRICT”) AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$11,000,000 WINDING CYPRESS COMMUNITY DEVELOPMENT
DISTRICT,
SPECIAL
ASSESSMENT
BONDS,
SERIES
2015
(ASSESSMENT AREA ONE PROJECT) (THE “BONDS”) TO FINANCE
CERTAIN PUBLIC INFRASTRUCTURE WITHIN THE DISTRICT;
DETERMINING THE NEED FOR A NEGOTIATED LIMITED
OFFERING OF THE BONDS AND PROVIDING FOR A DELEGATED
AWARD OF SUCH BONDS; APPOINTING THE UNDERWRITER FOR
THE LIMITED OFFERING OF THE BONDS; APPROVING THE FORM
OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
BOND PURCHASE CONTRACT WITH RESPECT TO THE BONDS;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A FIRST SUPPLEMENTAL TRUST INDENTURE;
AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER
TRUST INDENTURE; APPROVING THE FORM OF AND
AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY LIMITED
OFFERING MEMORANDUM; APPROVING THE EXECUTION AND
DELIVERY OF A FINAL LIMITED OFFERING MEMORANDUM;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
OF A CONTINUING DISCLOSURE AGREEMENT, AND APPOINTING
A DISSEMINATION AGENT; APPROVING THE APPLICATION OF
BOND PROCEEDS; AUTHORIZING CERTAIN MODIFICATIONS TO
THE ASSESSMENT METHODOLOGY REPORT AND ENGINEER’S
REPORT; MAKING CERTAIN DECLARATIONS; PROVIDING FOR
THE REGISTRATION OF THE BONDS PURSUANT TO THE DTC
BOOK-ENTRY ONLY SYSTEM; AUTHORIZING THE PROPER
OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN
CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE
BONDS; AND PROVIDING FOR SEVERABILITY, CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, the Winding Cypress Community Development District (the “District”) is a
local unit of special-purpose government organized and existing in accordance with the Uniform
Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the
“Act”), created by Ordinance No. 2015-7, duly enacted by the City Council of the City of
Orlando, Florida, becoming effective on March 9, 2015 (the “Ordinance”); and
WHEREAS, the District was created for the purpose of delivering certain community
development services and facilities within and outside its jurisdiction; and
WHEREAS, the Board of Supervisors of the District (herein, the “Board”) has
previously adopted Resolution No. 2015-18 on March 26, 2015 (the “Initial Bond Resolution”),
pursuant to which the District authorized the issuance of not to exceed $51,000,000 of its Special
Page 22
Assessment Bonds to be issued in one or more series to finance all or a portion of the District’s
capital improvement program; and
WHEREAS, any capitalized term used herein and not otherwise defined shall have the
meaning ascribed to such term in the Initial Bond Resolution; and
WHEREAS, based on the current development plans of the Developer, the Board finds it
necessary to finance a portion of the necessary public infrastructure necessary for the
development within the District; and
WHEREAS, the District has, pursuant to the Initial Bond Resolution, approved the form
of and authorized the execution and delivery of the Master Trust Indenture (the “Master
Indenture”) and First Supplemental Trust Indenture with Regions Bank, as the appointed trustee
(the “Trustee”) ; and
WHEREAS, the Board hereby determines to issue its Winding Cypress Community
Development District Special Assessment Bonds, Series 2015 (Assessment Area One Project)
(the “Bonds”) in the principal amount of not exceeding $11,000,000 for the purpose of providing
funds to finance a portion of the public infrastructure within Assessment Area One (as herein
defined) of the District – specifically, the “Assessment Area One Project” as described in the
District’s Engineer’s Report dated June 25, 2015, as revised (“Engineer’s Report”); and
WHEREAS, the Assessment Area One Project is hereby determined to be necessary to
coincide with the Developer’s plan of development; and
WHEREAS, in light of certain required changes, the Board hereby finds it necessary to
approve the form of and authorize the execution and delivery of a new First Supplemental Trust
Indenture (the “First Supplemental” and, together with the Master Indenture, the “Indenture”);
and
WHEREAS, there has been submitted to this meeting with respect to the issuance and
sale of the Bonds and submitted to the Board forms of:
(i)
a Bond Purchase Contract with respect to the Bonds by and between
fmsbonds, Inc., as the underwriter (the “Underwriter”) and the District, together with the
form of a disclosure statement attached to the Bond Purchase Contract pursuant to
Section 218.385, Florida Statutes, substantially in the form attached hereto as Exhibit A
(the “Bond Purchase Contract”);
(ii)
a Preliminary Limited Offering Memorandum substantially in the form
attached hereto as Exhibit B (the “Preliminary Limited Offering Memorandum”);
(iii)
a Continuing Disclosure Agreement among the District, the dissemination
agent named therein and the obligated parties named therein, substantially in the form
attached hereto as Exhibit C; and
(iv)
the First Supplemental between the District and the Trustee, substantially
in the form attached hereto as Exhibit D.
2
Page 23
WHEREAS, in connection with the sale of the Bonds, it may be necessary that certain
modifications be made to the Supplemental Assessment Methodology for Assessment Area One
dated July 23, 2015 (“Assessment Methodology Report”) and the Engineer’s Report to conform
such reports to the final terms of the Bonds; and
WHEREAS, the proceeds of the Bonds shall also fund a debt service reserve account,
provide for capitalized interest on the Bonds and pay the costs of the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the Winding
Cypress Community Development District (the “Board”), as follows:
Section 1.
Negotiated Limited Offering of Bonds. The District hereby finds that
because of the complex nature of assessment bond financings and the volatile conditions
prevailing in the market for special assessment bonds makes it necessary and in the best interest
of the District that the Bonds, in the aggregate principal amount of not exceeding $11,000,000,
be sold on a negotiated limited offering basis. The District hereby further finds that it will not be
adversely affected if the Bonds are not sold pursuant to competitive sales.
Section 2.
Purpose; Assessment Area Designation. The District has authorized its
capital improvement plan for Phase 1, as set forth in the Engineer’s Report, and hereby
authorizes the financing of a portion of the acquisition and construction of certain public
infrastructure benefiting the assessable lands within an area hereby designated as “Assessment
Area One” within the District by issuing the Bonds to finance a portion of the Assessment Area
One Project. The Assessment Area One Project includes, but is not limited to, stormwater
drainage facilities including related earthwork, water and sewer facilities, reclaimed water
facilities, public roadway improvements, entrance features, landscaping in public rights-of-way
and related costs, all as more particularly described in the Engineer’s Report.
Section 3.
Sale of the Bonds. Except as otherwise provided in the last sentence of
this Section 3, the proposal submitted by the Underwriter offering to purchase the Bonds at the
purchase price established pursuant to the parameters set forth below and on the terms and
conditions set forth in the Bond Purchase Contract (attached hereto as Exhibit A), are hereby
approved and adopted by the District in substantially the form presented. Subject to the last
sentence of this Section 3, the Chairperson (or, in the absence of the Chairperson, any other
member of the Board) is hereby authorized to execute and deliver on behalf of the District, and
the Secretary of the District is hereby authorized (if so required) to affix the Seal of the District
and attest to the execution of the Bond Purchase Contract in substantially the form presented at
this meeting. The disclosure statements of the Underwriter, as required by Section 218.385,
Florida Statutes, to be delivered to the District prior to the execution of the Bond Purchase
Contract, a copy of which is attached as an exhibit to the Bond Purchase Contract, will be
entered into the official records of the District. The Bond Purchase Contract, in final form as
determined by counsel to the District, may be executed by the District without further action
provided that (i) the Bonds mature not later than the statutory permitted period; (ii) the principal
amount of the Bonds issued does not exceed $11,000,000; (iii) the average coupon rate on the
Bonds shall not exceed 5.75% per annum; (iv) if the Bonds are subject to optional redemption
which determination will be made on or before the sale date of the Bonds, the first optional call
date shall be not later than November 1, 2029 and the redemption price shall be equal to the
3
Page 24
principal amount of Bonds redeemed; and (v) the purchase price to be paid by the Underwriter
for the Bonds is not less than 97.5% of the principal amount of the Bonds issued (exclusive of
any original issuance discount and underwriter’s counsel fee).
Section 4.
The Limited Offering Memorandum.
The Limited Offering
Memorandum, in substantially the form of the Preliminary Limited Offering Memorandum (as
herein defined and subject to the other conditions set forth herein) attached hereto as Exhibit B,
with such changes as are necessary to conform to the details of the Bonds and the requirements
of the Bond Purchase Contract, is hereby approved. The District hereby authorizes the execution
of the Limited Offering Memorandum and the District hereby authorizes the Limited Offering
Memorandum, when in final form, to be used in connection with the limited offering and sale of
the Bonds. The District hereby authorizes and consents to the use by the Underwriter of a
Preliminary Limited Offering Memorandum substantially in the form attached hereto as
Exhibit B, in connection with the Limited Offering of the Bonds (the “Preliminary Limited
Offering Memorandum”). The final form of a Preliminary Limited Offering Memorandum shall
be determined by the Underwriter and the professional staff of the District. The Limited
Offering Memorandum may be modified in a manner not inconsistent with the substance thereof
and the terms of the Bonds as shall be deemed advisable by the Bond Counsel and counsel to the
District. The Chairperson (or, in the absence of the Chairperson, any other member of the
Board) is hereby further authorized to execute and deliver on behalf of the District, the Limited
Offering Memorandum and any amendment or supplement thereto, with such changes,
modifications and deletions as the member of the Board executing the same may deem necessary
and appropriate with the advice of Bond Counsel and counsel to the District, such execution and
delivery to be conclusive evidence of the approval and authorization thereof by the District. The
District hereby authorizes the Chairperson (or, in the absence of the Chairperson, any other
member of the Board) to deem “final” the Preliminary Limited Offering Memorandum except
for permitted omissions all within the meaning of Rule 15c2-12 of the Securities Exchange Act
of 1934 and to execute a certificate in that regard.
Section 5.
Details of the Bonds. The proceeds of the Bonds shall be applied in
accordance with the provisions of the Indenture. The Bonds shall mature in the years and in the
amounts, bear interest at such rates and be subject to redemption, all as provided in the
Indenture. The execution of the Indenture shall constitute approval of such terms as set forth in
the Indenture and this Resolution. The maximum aggregate principal amount of the Bonds
authorized to be issued pursuant to this Resolution and the Indenture shall not exceed
$11,000,000.
Section 6.
Continuing Disclosure; Dissemination Agent. The Board does hereby
authorize and approve the execution and delivery of a Continuing Disclosure Agreement by the
Chairperson (or, in the absence of the Chairperson, any other member of the Board) substantially
in the form presented to this meeting and attached hereto as Exhibit C. The Continuing
Disclosure Agreement is being executed by the District and the other parties thereto in order to
assist the Underwriter in the marketing of the Bonds and compliance with Rule 15c2-12 of the
Securities and Exchange Commission. Governmental Management Services - Central Florida,
LLC is hereby appointed the initial dissemination agent.
4
Page 25
Section 7.
Authorization of Execution and Delivery of the Master Trust
Indenture and the First Supplemental Trust Indenture. The District does hereby authorize
and approve the execution by the Chairperson (or, in the absence of the Chairperson, the Vice
Chairperson or any other member of the Board) and the Secretary and the delivery of the
Indenture between the District and the Trustee, as defined below. The Indenture shall provide
for the security of the Bonds and express the contract between the District and the owners of the
Bonds. The Master Trust Indenture shall be substantially in the form approved pursuant to the
Initial Bond Resolution. The First Supplemental shall be substantially in the form attached
hereto as Exhibit D and is hereby approved, with such changes therein as are necessary or
desirable to reflect the terms of the sale of the Bonds as shall be approved by the Chairperson
(or, in the absence of the Chairperson, the Vice Chairperson, or any other member of the Board)
executing the same, with such execution to constitute conclusive evidence of such officer’s
approval and the District’s approval of any changes therein from the form of the First
Supplemental attached hereto as Exhibit D.
Section 8.
Authorization and Ratification of Prior Acts. All actions previously
taken by or on behalf of District in connection with the issuance of the Bonds are hereby
authorized, ratified and confirmed.
Section 9.
Appointment of Underwriter.
fmsbonds, Inc. as the Underwriter for the Bonds.
The Board hereby formally appoints
Section 10. Book-Entry Only Registration System. The registration of the Bonds
shall initially be by the book-entry only system established with The Depository Trust Company
(“DTC”). Any member of the Board or the District Manager is authorized to execute the DTC
Blanket Issuer Letter of Representations required by DTC.
Section 11. Assessment Methodology Report. The Board hereby authorizes any
modifications to the Assessment Methodology Report prepared by Governmental Management
Services - Central Florida, LLC in connection with the Bonds if such modifications are
determined to be appropriate in connection with the issuance of the Bonds.
Section 12. Engineer’s Report. The Board hereby authorizes any modifications to
the Engineer’s Report prepared by Poulos & Bennett in connection with the Bonds if such
modifications are determined to be appropriate in connection with the issuance of the Bonds or
modifications to the Assessment Area One Project.
Section 13. Further Official Action. The Chairperson, the Vice Chairperson, the
Secretary and each member of the Board and any other proper official or member of the
professional staff of the District are each hereby authorized and directed to execute and deliver
any and all documents and instruments and to do and cause to be done any and all acts and things
necessary or desirable for carrying out the transactions contemplated by this Resolution. In the
event that the Chairperson, the Vice Chairperson or the Secretary is unable to execute and deliver
the documents herein contemplated, such documents shall be executed and delivered by the
respective designee of such officer or official or any other duly authorized officer or official of
the District herein authorized. The Secretary or any Assistant Secretary is hereby authorized and
5
Page 26
directed to apply and attest the official seal of the District to any agreement or instrument
authorized or approved herein that requires such a seal and attestation.
Section 14. Severability. If any section, paragraph, clause or provision of this
Resolution shall be held to be invalid or ineffective for any reason, the remainder of this
Resolution shall continue in full force and effect, it being expressly hereby found and declared
that the remainder of this Resolution would have been adopted despite the invalidity or
ineffectiveness of such section, paragraph, clause or provision.
Section 15. Inconsistent Proceedings. All resolutions or proceedings, or parts
thereof, in conflict with the provisions hereof are to the extent of such conflict hereby repealed or
amended to the extent of such inconsistency.
PASSED in public session of the Board of Supervisors of the Winding Cypress
Community Development District, this 1st day of December, 2015.
WINDING CYPRESS COMMUNITY
DEVELOPMENT DISTRICT
ATTEST:
By:
Name:
Title: Secretary, Board of Supervisors
By:
Name:
Title: Chairperson, Board of Supervisors
6
Page 27
EXHIBIT A
FORM OF BOND PURCHASE CONTRACT
A-1
Page 28
EXHIBIT B
DRAFT COPY OF PRELIMINARY LIMITED OFFERING MEMORANDUM
B-1
Page 29
EXHIBIT C
FORM OF CONTINUING DISCLOSURE AGREEMENT
C-1
Page 30
EXHIBIT D
FORM OF FIRST SUPPLEMENTAL TRUST INDENTURE
WPB/383563971v1/162185.010100
D-1
Page 31
RESOLUTION NO. 2015-27
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT,
STATE OF FLORIDA, APPROVING THE FLORIDA STATEWIDE
MUTUAL AID AGREEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes,
authorizes the state and its political subdivisions to develop and enter into mutual aid agreements
for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with
unassisted; and
WHEREAS, the Board of Supervisors of the Winding Cypress Community
Development District (“District”) hereby approve an agreement with the State of Florida,
Division of Emergency Management, concerning the Statewide Mutual Aid Agreement; and
WHEREAS, the Florida Department of Emergency Management requires an
independent special district to participate in the Statewide Mutual Aid Agreement to be eligible
for funds under Administrative Rule 27P-19, Base Funding for County Emergency Management
Agencies and Municipal Competitive Grant and Loan Programs;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT, STATE OF
FLORIDA, THAT:
Section 1.
The above recitals are hereby adopted.
Section 2.
That execution of the attached Statewide Mutual Aid Agreement is hereby
authorized, and the Agreement is hereby approved.
PASSED, ADOPTED and EFFECTIVE this 1st day of December, 2015.
ATTEST:
By:
WINDING CYPRESS
COMMUNITY DEVELOPMENT DISTRICT,
FLORIDA
By:
Secretary/Assistant Secretary
Chairperson/Vice Chairperson
Page 32
S TAT E OF F L OR I D A
DIVISION OF EMERGENCY
MANAGEMENT
RICK SCOTT
Governor
BRYAN W. KOON
Director
STATEWIDE MUTUAL AID AGREEMENT
This Agreement is between the FLORIDA DIVISION OF EMERGENCY MANAGEMENT
(“Division”) and the local government signing this Agreement (the “Participating Parties”). This
agreement is based on the existence of the following conditions:
A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the
disruption of essential services and the destruction of the infrastructure needed to deliver those services.
B. Such disasters are likely to exceed the capability of any one local government to cope with the
emergency with existing resources.
C. Such disasters may also give rise to unusual technical needs that the local government may be
unable to meet with existing resources, but that other local governments may be able to offer.
D. The Emergency Management Act, Chapter 252, provides each local government of the state
the authority to develop and enter into mutual aid agreement within the state for reciprocal emergency aid
and assistance in case of emergencies too extensive to dealt with unassisted, and through such agreements
to ensure the timely reimbursement of costs incurred by the local governments which render such
assistance.
E. Pursuant to Chapter 252, the Division has the authority to coordinate assistance between local
governments during emergencies and to concentrate available resources where needed.
Based on the existence of the foregoing conditions, the parties agree to the following:
ARTICLE I.
Definitions. As used in this Agreement, the following expressions shall have the following meanings:
1
Page 33
A. The “Agreement” is this Agreement, which shall be referred to as the Statewide Mutual Aid
Agreement (“SMAA”).
B.
The “Participating Parties” to this Agreement are the Division and any and all special
districts, educational districts, and other local and regional governments signing this Agreement.
C. The “Division” is the Division of Emergency Management.
E. The “Requesting Parties” to this Agreement are Participating Parties who request assistance
during a declared state of emergency.
F. The “Assisting Parties” to this Agreement are Participating Parties who render assistance in a
disaster to a Requesting Party.
G. The “State Emergency Operations Center” is the facility designated by the State Coordinating
Officer to manage and coordinate assistance to local governments during a disaster.
H. The “Comprehensive Emergency Management Plan” is the biennial Plan issued by the
Division in accordance with § 252.35(2)(a), Florida Statutes.
I. The “State Coordinating Officer” is the official whom the Governor designates, by Executive
Order, to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in
accordance with the Executive Order, Chapter 252, Florida Statutes, and the State Comprehensive
Emergency Management Plan.
J. The “Period of Assistance” is the time during which any Assisting Party renders assistance to
any Requesting Party in a declared disaster, and shall include both the time necessary for the resources
and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time
necessary to return them to their place of origin or to the headquarters of the Assisting Party.
K. A “special district” is any local or regional governmental entity which is an independent
special district within the meaning of § 189.403(1), Florida Statutes, regardless of whether established by
local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement.
Page 34
L. An “educational district” is any school district within the meaning of § 1001.30, Florida
Statutes and any community school and state university within the meaning of § 1000.21, Florida
Statutes.
M. An “interlocal agreement” is any agreement between local governments within the meaning
of § 163.01(3)(a), Florida Statutes.
N. A “local government” is any educational district and any entity that is a “local governmental
entity” within the meaning of § 11.45(1)(e), Florida Statutes.
O.
Any expressions not assigned definitions elsewhere in this Agreement shall have the
definitions assigned them by the Emergency Management Act.
ARTICLE II.
Applicability of the Agreement. A Participating Party may request assistance under this Agreement
only for a “major” or “catastrophic disaster” as defined in § 252.34, Florida Statutes. If the Participating
Party has no other mutual aid agreement that covers a “minor” disaster, it may also invoke assistance
under this Agreement for a “minor disaster.”
ARTICLE III.
Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may
invoke assistance under this Agreement by requesting it from any other Participating Party, or from the
Division if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster.
A. Any request for assistance under this Agreement may be oral, but within five (5) calendar
days must be confirmed in writing by the County Emergency Management Agency of the Requesting
Party, unless the State Emergency Operations Center has been activated in response to the disaster for
which assistance is requested.
B. All requests for assistance under this Agreement shall be transmitted by County Emergency
Management Agency of the Requesting Party to either the Division, or to another Participating Party. If
Page 35
the Requesting Party transmits its request for Assistance directly to a Participating Party other than the
Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities.
C. The Division shall relay any requests for assistance under this Agreement to such other
Participating Parties as it may deem appropriate, and shall coordinate the activities of the Assisting Parties
so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in
accordance with the State’s Comprehensive Emergency Management Plan.
D. Nothing in this Agreement shall be construed to allocate liability for the costs of personnel,
equipment, supplies, services and other resources that are staged by the Division, or by other agencies of
the State of Florida, for use in responding to a disaster pending the assignment of such personnel,
equipment, supplies, services and other resources to a emergency support function/mission. The
documentation, payment, repayment, and reimbursement of all such costs shall be rendered in accordance
with the Comprehensive Emergency Management Plan, and general accounting best practices procedures
and protocols.
ARTICLE IV.
Responsibilities of Requesting Parties. To the extent practicable, all Requesting Parties seeking
assistance under this Agreement shall provide the following information to the Division and the other
Participating Parties. In providing such information, the Requesting Party may use Form B attached to
this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet
the requirements of this Article:
A. A description of the damage sustained or threatened;
B. An identification of the specific Emergency Support Function or Functions for which such
assistance is needed;
C. A description of the specific type of assistance needed within each Emergency Support
Function;
Page 36
D. A description of the types of personnel, equipment, services, and supplies needed for each
specific type of assistance, with an estimate of the time each will be needed;
E. A description of any public infrastructure for which assistance will be needed;
F. A description of any sites or structures outside the territorial jurisdiction of the Requesting
Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources;
G. The place, date and time for personnel of the Requesting Party to meet and receive the
personnel and equipment of the Assisting Party; and
H. A technical description of any communications or telecommunications equipment needed to
ensure timely communications between the Requesting Party and any Assisting Parties.
ARTICLE V.
Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this
Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources and
capabilities can render assistance. If a Participating Party which has received a request for assistance
under this Agreement determines that it has the capacity to render some or all of such assistance, it shall
provide the following information to the Requesting Party and shall transmit it without delay to the
Requesting Party and the Division. In providing such information, the Assisting Party may use Form B
attached to this Agreement, and the completion of Form B by the Assisting Party shall be deemed
sufficient to meet the requirements of this Article:
A. A description of the personnel, equipment, supplies and services it has available, together
with a description of the qualifications of any skilled personnel;
B. An estimate of the time such personnel, equipment, supplies, and services will continue to be
available;
C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and
services at the date, time and place specified by the Requesting Party;
Page 37
D. A technical description of any communications and telecommunications equipment available
for timely communications with the Requesting Party and other Assisting Parties; and
E. The names of all personnel whom the Assisting Party designates as Supervisors.
ARTICLE VI.
Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies,
services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give
specific assignments to the Supervisor(s) of the Assisting Party, who shall be responsible for directing the
performance of these assignments. The Assisting Party shall have authority to direct the manner in which
the assignments are performed. In the event of an emergency that affects the Assisting Party, all
personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to
recall by the Assisting Party upon not less than five (5) calendar days notice or, if such notice is
impracticable, as much notice as is practicable under the circumstances.
A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the
fullest extent practicable give its personnel and other resources sufficient equipment and supplies to make
them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the
contrary. For minor disasters, the Requesting Party shall be responsible to provide food and shelter for
the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request
for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel
or self-sufficient resources.
B. Unless the Requesting Party has specified the contrary, it shall to the fullest extent practicable,
coordinate all communications between its personnel and those of any Assisting Parties, and shall
determine
all
frequencies
and
other
technical
specifications
for
all
communications
and
telecommunications equipment to be used.
C. Personnel of the Assisting Party who render assistance under this Agreement shall receive
Page 38
their usual wages, salaries and other compensation, and shall have all the duties, responsibilities,
immunities, rights, interests and privileges incident to their usual employment.
ARTICLE VII.
Procedures for Reimbursement. Unless the Division or the Assisting Party, as the case may be, state
the contrary in writing, the ultimate responsibility for the reimbursement of costs incurred under this
Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions:
A. In accordance with this Agreement, the Division shall pay the costs incurred by an Assisting
Party in responding to a request that the Division initiates on its own, and not for another Requesting
Party.
B. An Assisting Party shall bill the Division or other Requesting Party as soon as practicable, but
not later than thirty (30) calendar days after the Period of Assistance has closed. Upon the request of any
of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause.
C. If the Division or the Requesting Party protests any bill or item on a bill from an Assisting
Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) calendar days
after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) calendar
days shall constitute agreement to the bill and the items on the bill and waive the right to contest the bill.
D. If the Division protests any bill or item on a bill from an Assisting Party, the Assisting Party
shall have thirty (30) calendar days from the date of protest to present the bill or item to the original
Requesting Party for payment, subject to any protest by the Requesting Party.
E. If the Assisting Party cannot reach a mutual agreement with the Division or the Requesting
Party to the settlement of any protested bill or billed item, the Division, the Assisting Party, or the
Requesting Party may elect binding arbitration to determine its liability for the protested bill or billed
item in accordance with Section F of this Article.
F. If the Division or a Participating Party elects binding arbitration it may select as an arbitrator
Page 39
any elected official of another Participating Party, or any other official of another Participating Party
whose normal duties include emergency management, and the other Participating Party shall also select
such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third
arbitrator.
G. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30)
calendar days to consider any documents and any statements or arguments by the Department, the
Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not
later than ten (10) business days after the close of the hearing. The decision of a majority of the
arbitrators shall bind the parties, and shall be final.
H. If the Requesting Party has not forwarded a request through the Division, or if an Assisting
Party has rendered assistance without being requested to do so by the Division, the Division shall not be
liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency
(FEMA) for the reimbursement of costs incurred by any Participating Party shall be made by and through
the Division.
I. If FEMA denies any request for reimbursement of costs which the Division has already
advanced to an Assisting Party, the Assisting Party shall repay such costs to the Division, but the Division
may waive such repayment for cause.
ARTICLE VIII.
Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement
shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable.
A. Employees of the Assisting Party who render assistance under this Agreement shall be
entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other
compensation for mobilization, hours worked, and demobilization. Such compensation shall include any
and all contributions for insurance and retirement, and such employees shall continue to accumulate
Page 40
seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have
all the duties, responsibilities, immunities, rights, interests and privileges incident to their usual
employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment.
B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate
established for like equipment by the regulations of the Federal Emergency Management Agency, or at
any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other
consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of
operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other
consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the
Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair
services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of
such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the
Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party
receives payment for such damage under any contract of insurance, the Requesting Party may deduct such
payment from any item or items billed by the Assisting Party for any of the costs for such damage that
may otherwise be payable.
C. The Requesting Party shall pay the total costs for the use and consumption of any and all
consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In
the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage
and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining
unused shall be returned to the Assisting Party in usable condition upon the close of the Period of
Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs
billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may
also replace any and all used consumable supplies with like supplies in usable condition and of like grade,
Page 41
quality and quantity within the time allowed for reimbursement under this Agreement.
D.
The Assisting Party shall keep records to document all assistance rendered under this
Agreement. Such records shall present information sufficient to meet the audit requirements specified in
the regulations of FEMA and any applicable circulars issued by the State of Florida Office of
Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to
the Division and the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on
all weekdays, except for official holidays.
ARTICLE IX.
Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the
exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party
to procure insurance.
A. Each Participating Party shall procure employers’ insurance meeting the requirements of the
Workers’ Compensation Act, as amended, affording coverage for any of its employees who may be
injured while performing any activities under the authority of this Agreement, and shall file with the
Division a certificate issued by the insurer attesting to such coverage.
B. Any Participating Party that elects additional insurance affording liability coverage for any
activities that may be performed under the authority of this Agreement shall file with the Division a
certificate issued by the insurer attesting to such coverage.
C. Any Participating Party that is self-insured with respect to any line or lines of insurance shall
file with the Division copies of all resolutions in current effect reflecting its determination to act as a selfinsurer.
D. Subject to the limits of such liability insurance as any Participating Party may elect to
procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any
Participating Party may have in any judicial or quasi-judicial proceeding.
Page 42
E. Each Participating Party which renders assistance under this Agreement shall be deemed to
stand in the relation of an independent contractor to all other Participating Parties, and shall not be
deemed to be the agent of any other Participating Party.
F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for
its own conduct and that of its employees.
G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify
any other Participating Party from liability to third parties.
ARTICLE X.
General Requirements.
Notwithstanding anything to the contrary elsewhere in this Agreement, all
Participating Parties shall be subject to the following requirements in the performance of this Agreement:
A. To the extent that assistance under this Agreement is funded by State funds, the obligation of
any statewide instrumentality of the State of Florida to reimburse any Assisting Party under this
Agreement is contingent upon an annual appropriation by the Legislature.
B. All bills for reimbursement under this Agreement from State funds shall be submitted in detail
sufficient for auditing purposes. To the extent that such bills represent costs incurred for travel, such bills
shall be submitted in accordance with applicable requirements for the reimbursement of state employees
for travel costs.
C. All Participating Parties shall allow public access to all documents, papers, letters or other
materials subject to the requirements of the Public Records Act, as amended, and made or received by any
Participating Party in conjunction with this Agreement.
D. No Participating Party may hire employees in violation of the employment restrictions in the
Immigration and Nationality Act, as amended.
E. No costs reimbursed under this Agreement may be used directly or indirectly to influence
legislation or any other official action by the Legislature of the State of Florida or any of its agencies.
Page 43
F. Any communication to the Division under this Agreement shall be sent to the Director,
Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
Any communication to any other Participating Party shall be sent to the official or officials specified by
that Participating Party on Form C attached to this Agreement. For the purpose of this Section, any such
communication may be sent by the U.S. Mail, e-mail, or by facsimile.
ARTICLE XI.
Effect of Agreement.
Upon its execution by a Participating Party, this Agreement shall have the
following effect with respect to that Participating Party:
A. The execution of this Agreement by any Participating Party which is a signatory to the
Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities
and obligations of that Participating Party under that agreement, but such termination shall not affect the
liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless
of whether billed or unbilled.
B. The execution of this Agreement by any Participating Party which is a signatory to the Public
Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations
of that Participating Party under that agreement, but such termination shall not affect the liability of the
Participating Party for the reimbursement of any costs due under that agreement, regardless of whether
billed or unbilled.
C.
Upon the activation of this Agreement by the Requesting Party, this Agreement shall
supersede any other existing agreement between it and any Assisting Party to the extent that the former
may be inconsistent with the latter.
D. Unless superseded by the execution of this Agreement in accordance with Section A of this
Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence
after June 30, 2001.
Page 44
E. Upon its execution by any Participating Party, this Agreement will continue in effect for one
(1) year from its date of execution by that Participating Party, and it shall automatically renewed one (1)
year after its execution unless within sixty (60) calendar days before that date the Participating Party
notifies the Division, in writing, of its intent to withdraw from the Agreement.
F. The Division shall transmit any amendment to this Agreement by sending the amendment to
all Participating Parties not later than five (5) business days after its execution by the Division. Such
amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the
Division, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence,
any Participating Party who objects to the amendment may withdraw from the Agreement by notifying
the Division in writing of its intent to do so within that time in accordance with Section E of this Article.
ARTICLE XII.
Interpretation and Application of Agreement. The interpretation and application of this Agreement
shall be governed by the following conditions:
A. The obligations and conditions resting upon the Participating Parties under this Agreement are
not
independent, but dependent.
B. Time shall be of the essence of this Agreement, and of the performance of all conditions,
obligations, duties, responsibilities and promises under it.
C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of
the Participating Parties with respect to the subject of this Agreement, and there are no conditions,
obligations, duties, responsibilities or promises other than those expressed in this Agreement.
D. If any sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable or
invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force
and effect, it being the intent of the Division and the other Participating Parties that every portion of the
Page 45
Agreement shall be severable from every other portion to the fullest extent practicable. The Division
reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any
sentence, clause, phrase or other portion of this Agreement that conflicts with state law, regulation, or
policy. If the change is minor, the Division will notify the Participating Party of the change and such
changes will become effective immediately; therefore, please check these terms periodically for changes.
If the change is substantive, the Participating Party may be required to execute the Agreement with the
adopted changes. Your continued or subsequent use of this Agreement following the posting of minor
changes to this Agreement will mean you accept those changes.
E. The waiver of any obligation or condition in this Agreement by a Participating Party shall not
be construed as a waiver of any other obligation or condition in this Agreement.
NOTE: On August 20, 2007, this Agreement was modified by the Division of Emergency Management.
This document replaces the July 31, 2000 edition of the Statewide Mutual Aid Agreement; however,
any and all Agreements previously executed shall remain in full force and effect. Any local
government, special district, or educational institution which has yet to execute this Agreement should
use the August 20, 2007 edition for the purposes of becoming a signatory.
IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the
date specified below:
Page 46
FOR ADOPTION BY A COUNTY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Director
ATTEST:
CLERK OF THE CIRCUIT COURT
BOARD OF COUNTY COMMISSIONERS
OF
COUNTY,
STATE OF FLORIDA
By:
By:
Deputy Clerk
Chairman
Date:
Approved as to Form:
By:
County Attorney
Page 47
FOR ADOPTION BY A CITY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Director
ATTEST:
CITY CLERK
CITY OF
STATE OF FLORIDA
By:
By:
Title:
Title:
Date:
Approved as to Form:
By:
City Attorney
Page 48
FOR ADOPTION BY AN EDUCATIONAL DISTRICT
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Director
Date:
SCHOOL DISTRICT,
STATE OF FLORIDA
By:
By:
Title:
Title:
Date:
Approved as to Form:
By:
Attorney for District
Page 49
FOR ADOPTION BY A COMMUNITY COLLEGE OR STATE UNIVERSITY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Director
ATTEST:
BOARD OF TRUSTEES
OF
COMMUNITY COLLEGE, STATE OF FLORIDA
BOARD OF TRUSTEES
OF
UNIVERSITY, STATE OF FLORIDA
By:
By:
Clerk
Chairman
Date:
Approved as to Form:
By:
Attorney for Board
Page 50
FOR ADOPTION BY A SPECIAL DISTRICT
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Director
SPECIAL DISTRICT,
STATE OF FLORIDA
By:
By:
Title:
Title:
Date:
Approved as to Form:
By:
Attorney for District
Page 51
FOR ADOPTION BY AN AUTHORITY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Director
ATTEST:
BOARD OF TRUSTEES OF
AUTHORITY, STATE OF FLORIDA
By:
By:
Clerk
Chairman
Date:
Approved as to Form:
By:
Attorney for Board
Page 52
FOR ADOPTION BY A NATIVE AMERICAN TRIBE
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Director
ATTEST:
TRIBAL COUNCIL OF THE
TRIBE OF FLORIDA
By:
By:
Council Clerk
Chairman
Date:
Approved as to Form:
By:
Attorney for Council
Page 53
FOR ADOPTION BY A COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Date:
Director
COMMUNITY DEVELOPMENT DISTRICT,
STATE OF FLORIDA
By:
By:
Title:
Title:
Date:
Approved as to Form:
By:
Attorney for District
Date:
Page 54
STATEWIDE MUTUAL AID AGREEMENT
FORM C
CONTACT INFORMATION FOR AUTHORIZED REPRESENTATIVES
New or Updated:
Agreement Number:
Type:
County
Municipality Independent
University
School
Community
Name:
Name of Government:
Mailing Address:
Authorized Representative Contact Information
Primary Authorized Representative
Name:
Title:
Address:
Day/Primary Phone #:
Night/Alternate #:
Fax #:
Email:
1st Alternate Authorized Representative
Name:
Title:
Address:
Day/Primary Phone #:
Night/Alternate #:
Fax #:
Email:
2nd Alternate Authorized Representative
Name:
Title:
Address:
Day/Primary Phone #:
Night/Alternate #:
Fax #:
Email:
Submitted by:
*FDEM Use Only*
Date Received:
Personnel Signature:
_______________
Page 55
SAMPLE AUTHORIZING RESOLUTION
FOR ADOPTION OF
STATEWIDE MUTUAL AID AGREEMENT
RESOLUTION NO.
WHEREAS, the State of Florida Emergency Management Act, Chapter 252, authorizes
the State and its political subdivisions to provide emergency aid and assistance in the event of a
disaster or emergency; and
WHEREAS, the statutes also authorize the State to coordinate the provision of any
equipment, services, or facilities owned or organized by the State or it political subdivisions for
use in the affected area upon the request of the duly constituted authority of the area; and
WHEREAS, this Resolution authorizes the request, provision, and receipt of
interjurisdictional mutual assistance in accordance with the Emergency Management Act,
Chapter 252, among political subdivisions within the State; and
NOW, THEREFORE, be it resolved by
that in order to maximize the
prompt, full and effective use of resources of all participating governments in the event of an
emergency or disaster we hereby adopt the Statewide Mutual Aid Agreement which is attached
hereto and incorporated by reference.
ADOPTED BY:
DATE:
I certify that the foregoing is an accurate copy of the Resolution adopted by
on
.
BY:
TITLE:
DATE:
Page 56
Attachment 1
STATEWIDE MUTUAL AID AGREEMENT
Type or print all information except signatures
Form B
PART I
TO BE COMPLETED BY THE REQUESTING PARTY
Dated:
Time:
HRS
(local)
Contact Person:
REQUESTING PARTY
Telephone No:
Fax No:
Assisting Party:
Authorized Rep:
Incident Requiring Assistance:
Type of Assistance/Resources Needed (use Part IV for additional space)
Date & Time Resources Needed:
Staging Area:
Approximated Date/Time Resources Released:
Authorized Official’s Name
Title
(Print/Type)
Signature
:
Agency:
PART II
Mission No:
TO BE COMPLETED BY THE ASSISTING PARTY
Contact Person:
Telephone No:
Fax No:
Type of Assistance Available:
Date & Time Resources Available From:
To:
Staging Area Location:
Approx. Daily Total Costs for Labor, Equipment and Materials:
Transportation Costs from Home Base to Staging Area:
Logistics Required from Requesting Party
Yes
$
$
Transportation Costs to Return to Home Base:
(Provide information on attached Part III)
Authorized Official's Name:
Date:
$
No
Title:
Time:
PART III
HRS
(local)
TO BE COMPLETED BY THE REQUESTING PARTY
Authorized Official's Name:
Title:
Signature:
Agency:
Revised: November 23, 2010
Mission No:
Page 57 Page 1
PART IV
STATEWIDE MUTUAL AID AGREEMENT
Type or print all information except signatures
Form B (continued)
MISCELLANEOUS ITEMS / OTHER MISSION INFORMATION
Revised: November 23, 2010
Page 58 Page 2
MASTER SPECIAL ASSESSMENT
REPORT
WINDING CYPRESS COMMUNITY
DEVELOPMENT DISTRICT
SPECIAL DISTRICT SERVICES, INC.
September 22, 2015
Revised December 1, 2015
2501A Burns Road
Palm Beach Gardens, Florida 33410
561-630-4922 Page 59
INDEX
INTRODUCTION
1
PROJECTS TO BE FUNDED BY THE DISTRICT
1
FUNDING OF IMPROVEMENTS
2
ALLOCATION OF COSTS AND ASSESSMENTS
3
COLLECTION OF SPECIAL ASSESSMENTS
4
FINANCING STRUCTURE
4
MODIFICATIONS, REVISIONS AND TRUE-UP MECHANISIM
4
PRELIMINARY ASSESSMENT ROLL
5
TABLE A – PROJECT COST ESTIMATES
6
TABLE B – BOND SIZING
7
TABLE C – PROJECT BENEFIT, CONSTRUCTION DEBT & BOND
DEBT ALLOCATIONS
8
TABLE D – CALCULATION OF ANNUAL DEBT ASSESSMENT
9
TABLE E – TAX ROLL FOR PHASE I
10
TABLE F – LEGAL DESCRIPTION FOR PHASE II
13
Page 60
1.0
INTRODUCTION
Winding Cypress (the “Development”) is a planned residential development containing
approximately 358.06 acres and is located in the unincorporated area of the Collier County,
Florida. The Winding Cypress Community Development District (the “District”) is co-terminus
with the Development and is planned for a total of 781 residential units as follows:
Phase I
Phase II
Phase III
Total
Villas
42 52 28
122 50' Lot
63
247
136
446 65’ Lot
48
94
71 213 Total
153
393
235
781
The District has been established pursuant to Chapter 190, Florida Statutes (“F.S.”), to provide
for the construction, and/or acquisition, financing, long-term administration and management of
certain public infrastructure deemed necessary to develop the Development.
The District infrastructure improvements, as more specifically described in the Engineer’s
Report dated September 22, 2015, prepared by J.R. Evans Engineering, P.A., 9351 Corkscrew
Road, Suite 102, Estero, Florida 33928 (the “Interim District’s Engineer”), consist of the 83.4
acres of stormwater management lakes that are to be located within the District. These lakes are
to provide for both water quality treatment and water attenuation for the proposed 781 single
family units, all associated roadways, common areas, and the amenity center (the “Project”).
The Project will convey runoff from the individual residential lots via a system of gutters, inlets,
piping, into the lakes for treatment purposes. The lakes within the district are designed with large
pipe interconnects that allows for the cross conveyance of the stormwater runoff from lake to
lake and ultimately into the adjacent wetland slough system.
This Master Special Assessment Methodology Report will equitably allocate the costs being
incurred by the District to provide infrastructure improvements to the assessable lands within
Phases I and II of the District (hereinafter the “Phase I and Phase II Assessment Area”). The
implementation of the improvements will convey special and peculiar benefits to such assessable
properties in the District.
2.0
PROJECTS TO BE FUNDED BY THE DISTRICT
The Project is currently being planned in phases; and as designed, is an integrated system of
facilities that provides specific benefits to all of the assessable lands within the District. The
total cost of the Project is currently estimated to be $ 13,124,882.
The District anticipates issuing approximately $7,482,577 of Special Assessment Bonds, Series
2015 (Phase I and Phase II Assessment Area) (the “Series 2015 Bonds”) for the purpose of
financing a portion of the infrastructure improvements for Phases I and II of the Project
(hereinafter the “Phase I and Phase II Project). A detail of the total costs of the Project is
included herein as Table A. The total cost for the Phase I and Phase II Project is currently
estimated to be $ 9,501,741. A detail of the total costs of the Phase I and Phase II Project is
shown below. Any improvements relating to the Phase I and Phase II Project not funded by the
Series 2015 Bonds will be completed by the Developer as defined herein.
Page 61
Project Cost Estimates
Stormwater Management
Phase I
Phase II
Total Phases I & II
$266,498
$308,111
$574,609
Earthwork/Excavation
$2,255,802
$2,756,233
$5,012,035
Drainage Pipes and Structures
$1,587,103
$2,327,994
$3,915,097
Total
$4,109,403
$5,392,338
$9,501,741
Gutters/Curbing
Under the phasing plan, the Phase I and Phase II Project will be designed to be functional and
confer special benefits to all landowners in the Phase I and Phase II Assessment Area prior to
the subsequent phase(s) being completed. As such, the Phase I and Phase II Project can be
financed independently of the other phases. As the finance program is implemented,
supplemental methodology reports will be issued detailing the particulars of a specific bond
issue. The supplemental report(s) will apply the principles set forth herein to determine the
specific assessments required to repay the Series 2015 Bonds issued to fund the then current
development program.
The Series 2015 Bonds will be repaid through the levy of non-ad valorem special assessments on
all assessable property within the Phase I and Phase II Assessment Area . Phases I and II have
been designed to be functional and confer special benefits to all landowners in Phases I and II of
the District. Any portion of the Phase I and Phase II Assessment Area not financed through the
issuance of the Series 2015 Bonds will be paid for by DiVosta Homes, L.P. (the “Developer”). It
is noted that although it is intended that the Developer will develop Phase III of the Project, the
Developer does not yet own the land within that assessment area.
The stormwater management system will be constructed by the Developer or the District, and if
constructed by the Developer, acquired by the District upon certification of completion . Upon
such transfer to the District, the ownership, operation and maintenance of the stormwater
management system will be the responsibility of the District.
The construction costs identified in this report were provided by the Interim District Engineer,
J.R. Evans Engineering, P.A. Special District Services, Inc., as District Manager, makes no
representation regarding the accuracy or validity of those costs and did not undertake any
analysis or verification regarding such costs.
3.0
FUNDING OF IMPROVEMENTS
To defray the costs of construction of the Phase I and Phase II Project, the District will impose
non-ad valorem special assessments on benefited real property within the Phase I and Phase II
Assessment Area. These assessments are based on the special and peculiar benefits accruing to
such property from the improvements comprising the Phase I and Phase II Project. The use of
non-ad valorem special assessments has an advantage in that the properties that receive the
special benefits from the Project are the only properties that are obligated to pay for those
facilities and services. Without these improvements, development of the property would not be
possible. The capital facilities which will be funded through these special assessments include
only facilities which may be undertaken by a community development district under Chapter
190, F.S.
Page 62
In summary, special assessments may be levied only against certain property: (1) for facilities
which provide special benefits to such property as distinct from general benefits, (2) only against
property which receives that special benefit, (3) in proportion to the benefits received by the
properties, and (4) according to fair and reasonable methods that the governing body of the
jurisdiction determines. The special assessments placed upon various benefited properties in the
Phase I and Phase II Assessment Area of the District must be sufficient to cover the debt service
of the Series 2015 Bonds that will be issued for financing all or a portion of the Phase I and
Phase II Project and the costs to maintain those portions of the infrastructure that remain under
the ownership of the District. The assessments must be fairly and reasonably allocated to the
properties being assessed.
4.0
ALLOCATION OF COSTS AND ASSESSMENTS
In developing the methodology used for special assessments in the District, two interrelated
factors were used:
A. Allocation of benefit: Each parcel of land within the District benefits from the
proposed improvements.
B. Cost/Benefit: The special assessments imposed on each parcel of land cannot exceed
the value of the benefits provided to such parcel.
The Project is an integrated system of facilities designed to provide special and peculiar benefits
to all the residential units in the District. For the purpose of this Master Report, it is determined
that each villa is defined as .90 equivalent residential units (ERU); each 50’ single family
residential unit is defined as one ERU and each 65’ single family residential unit is defined as
1.10 ERUs. These ERU factors are reasonable and consistent with those used in similarly
situated communities.
Upon the sale of Series 2015 Bonds, the District’s debt will be allocated to the gross acreage
within the Phase I and Phase II Assessment Area which total 267.52 acres and upon platting to
each platted lot in the Phase I and Phase II Assessment Area on an ERU basis as shown herein
on Table E and on the remaining unplatted land on an equal acreage basis. As platting occurs
the debt assessment will be assigned on a first platted first assessed basis to platted lots receiving
property folio numbers; and allocated on an ERU basis as shown herein on Table E.
Until all the land within the District has been platted and sold, the assessments on the portion of
land that has not been platted and sold are not fixed and determinable. The reasons for this are
(1) until the lands are platted, the number of developable acres within each tract against which
the assessments are levied is not determined; (2) the lands are subject to re-plat, which may
result in changes in development density and product type; and (3) until the lands are sold it is
unclear of the timing of the absorptions. Only after the property has been platted and sold will
the developable acreage be determined, the final plat be certain, the developable density known,
the product types be confirmed, and the timing of the sales solidified.
In addition to the special assessments imposed for debt service, the District will also levy an
annual administrative assessment to fund the costs of operating and managing the District. As
each residential dwelling unit will benefit equally from the operation and management of the
Page 63
District and the Project, the annual operation and management assessments will be allocated
equally to each residential lot on a per unit basis.
Given the District’s land use plan and the type of infrastructure and/or services to be funded by
the special assessments, this method will result in a fair allocation of benefits and services and an
equitable allocation of costs for the proposed Series 2015 Bonds. However, if the future platting
results in changes in land use or proportion of benefit per unit, this allocation methodology may
not be applicable and it may be necessary for the District to revise this methodology.
5.0
COLLECTION OF SPECIAL ASSESSMENTS
The proposed special assessments for the District will be collected through the Uniform Method
of Collection described in Chapter 197, Section 197.3632; F.S. or any other legal means
available to the District.
Since there are costs associated with the collection of the special assessments (whether by
uniform method of collection as authorized under Chapter 197.3632, F.S., or other legal means
available to the District), these costs must also be included in the special assessment levy. These
costs generally include the 1% collection fee of the County Tax Collector, a 1% service fee of
the County Property Appraiser and a 4% discount for early payment of taxes. These additional
costs may be reflected by dividing the annual debt service and maintenance assessment amounts
by a factor of 0.94.
6.0
FINANCING STRUCTURE
The estimated cost for the Phase I and Phase II Project is $9,501,741. The construction program
and the costs associated therewith are identified herein in on Table A.
A portion of the capital improvements comprising the Phase I and Phase II Project is assumed to
be financed by the Series 2015 Bonds when issued which will be payable from and secured by
special assessments levied annually against all assessable properties in Phases I and II of the
District. Based on the current market conditions the total aggregate principal amount of the
Series 2015 Bonds for the Phase I and Phase II Project is shown herein on Table B. The
proceeds of the Series 2015 Bonds will provide approximately $7,351,707 for construction and
related costs as shown on Table B. The sizing of the Series 2015 Bonds will include a debt
service reserve fund currently assumed to be 50% of the maximum annual debt service, ,
issuance costs and other assumptions as shown herein on Table B.
7.0
MODIFICATIONS, REVISIONS AND TRUE-UP MECHANISIM
Allocation of costs and benefit, shown herein on Table C, for the infrastructure improvements
financed by the District shall be based on the planned 546 single family residential dwelling
units in the Phase I and Phase II Assessment Area , all of which are benefited by the
infrastructure improvements. Based on a par Bond size of $7,928,656 at an assumed interest rate
of 5% the estimated annual debt service on the Series 2015 Bonds will be approximately
$517,822 which has been grossed up to include the 1% County Tax Collector fee, 1% County
Property Appraiser fee, and 4% discount for early payment of taxes.
To ensure that each residential unit is assessed no more than their pro-rata amount of the annual
debt service shown in Table D, the District will be required to perform a “True-Up” analysis,
Page 64
which requires a computation at the time of submission of each plat or re-plat to determine the
potential remaining assessable dwelling units. The District shall, at the time a plat or re-plat is
submitted to the County:
A. Assume that the total number of assessable residential units being utilized as a basis for
this assessment methodology is 94 – villas, 310 - 50’single family residential units and 142 - 65’
single family residential units (“Total Assessable Units”).
B. Ascertain the number of assessable residential dwelling units in the proposed plat or replat and all prior plats (“Planned Assessable Units”).
C. Ascertain the current amount of potential remaining assessable dwelling unit
(“Remaining Assessable Units”).
If the Planned Assessable Units are equal to the Total Assessable Units no action would be
required at that time. However, if the sum of the Planned Assessable Units and the Remaining
Assessable Units are less than the Total Assessable Units, the Developer will be obligated to
remit to the District an amount of money sufficient to enable the District to retire an amount of
Series 2015 Bonds such that the amount of debt service allocated to each Planned Assessable
Unit does not exceed the amount of debt service that would have been allocated thereto had the
total number of Planned Assessable Units been 94 – villas, 310 - 50’single family residential
units and 142 - 65’ single family residential units. Conversely, if the Planned Assessable Units or
the mix of residential units is greater than the Total Assessable Units, then, there will be a prorata decrease in the annual non-ad valorem assessments to all of the benefited properties.
All assessments levied run with the land. A determination of a true-up payment shall be at the
sole discretion of the District. It is the responsibility of the landowner of record to make any
required true-up payments that are due including any accrued interest. The District will not
release any liens on the property for which true-up payments are due until provision for such
payment has been satisfied. It is recommended that the true-up mechanism be formalized in an
agreement between the District and the Developer.
In the event that additional land is annexed into the District which is currently not subject to the
assessments and is developed in such a manner as to receive special benefit from the Project
described herein, it will be necessary for this assessment methodology to be re-applied to include
such parcels. The additional land will, as a result of re-applying this allocation methodology,
then be allocated an appropriate share of the special assessments while all currently assessed
parcels will receive a relative reduction in their assessments.
8.0
PRELIMINARY ASSESSMENT ROLL
When fully developed, the Phase I & Phase II Assessment Area will include a total of is 94
villas, 310 - 50’single family residential units and 142 - 65’ single family residential units as
shown herein on Table E. Table F is a copy of the current tax roll from the Collier County
Property Appraiser’s office for Phase I. Table G is a copy of the legal description of Phase II
provided by Stantec Consulting Services, Inc.
***************
Page 65
TABLE A
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT
PHASES I & II
PROJECT COST ESTIMATES
Stormwater Management
Phase I
Phase II
Total Phases I & II
$266,498
$308,111
$574,609
Earthwork/Excavation
$2,255,802
$2,756,233
$5,012,035
Drainage Pipes and Structures
$1,587,103
$2,327,994
$3,915,097
Total
$4,109,403
$5,392,338
$9,501,741
Gutters/Curbing
Page 66
TABLE B
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT
PHASES I & II
BOND SIZING
BOND SIZING
Par Amount
$
7,928,656 *
Less Debt Service Reserve Fund (50% MDSR)
$
(243,376)
Less Underwriter's Discount
$
(158,573)
Less Issuance Costs
$
(175,000)
Projected Construction Funds
$
(7,351,707)
Bond Interest Rate
5.00% *
Capitalized Interest Period (Months)
12
Principal Amortization Period (Years)
30
Approximate Issue Date
30-Sep-15
*Subject to change due to market conditions
Page 67
TABLE C
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT
PHASES I & II
PROJECT BENEFIT, CONSTRUCTION DEBT BOND DEBT
ALLOCATIONS
Development Plan
Type of Use
Number of
Units
by Type
ERU
Factor
Total
ERUs
Project Benefit
Allocation Per
Unit Type*
Project Benefit
Allocation Per
Unit*
Single Family Villa
94
0.9
84.6
$
1,459,418 $
15,526
Single Family 50' Unit
310
1.00
310.0
$
5,347,748
$
17,251
Single Family 65' Unit
142
1.10
156.2
$
2,694,575
$
18,976
Total
546
N/A
550.8
$
9,501,741
Development Plan
Type of Use
Number of
Units
by Type
ERU
Factor
Total
ERUs
Construction
Debt Allocation
Per Unit Type*
Construction
Debt Allocation
Per Unit*
Single Family Villa
94
0.90
84.6
$
1,129,184
$
12,013
Single Family 50' Unit
310
1.00
310.0
$
4,137,671
$
13,347
Single Family 65' Unit
142
1.10
156.2
$
2,084,852
$
14,682
Total
546
N/A
550.8
$
7,351,707
Development Plan
Type of Use
Number of
Units
by Type
ERU
Factor
Total
ERUs
Single Family Villa
94
0.90
84.6
$
1,217,800 $
12,955
Single Family 50' Unit
310
1.00
310.0
$
4,462,388
$
14,395
Single Family 65' Unit
142
1.10
156.2
$
2,248,468
$
15,834
Total
546
N/A
550.8
$
7,928,656
N/A
N/A
Bond Debt
Allocation Per
Unit Type*
Bond Debt
Allocation Per
Unit*
N/A
*Rounded
Page 68
TABLE D
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT
PHASES I & II
CALCULATION OF ANNUAL DEBT SERVICE ASSESSMENT
BOND DEBT
Maximum Annual Debt Service
$
486,752
Maximum Annual Debt Service Assessment to be Collected
$
517,821 *
Total Number of Gross Acres in Phases I and II
267.52
Number of Single Family Villas
94
Number of 50' Single Family Residential Units Planned
310
Number of 65' Sinle Family Residential Units Planned
142
Total Number of Single Family Residential Units Planned
546
Estimated Annual Debt Service per Unit Type
See Table E
Maximum Annual Debt Service per Unit Type
See Table E
*
*Grossed up to include 1% collection fee of the County Tax Collector, 1% service fee of the County Prope
payment of taxes.
Page 69
EXHIBIT E
Owners Listed by Last Name
NAME
AKHAVI, HOMAYOON & MARIE BELCH II, HENRY A BRACHO, ROBERT F BROGNA, JOSEPH V CALVO FAMILY LIVING TRUST CARPENTIERI, ANTHONY J & LINDA
DIVOSTA HOMES KP DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P PARCEL ID
SITE NUMBER
82679001186
82679001102
82679002428
82679001924
82679001908
82679001128
82679001445
82679000022 82679000048 82679000064 82679000080 82679000103 82679000129 82679000145 82679000242 82679000349 82679000365 82679000381 82679000404 82679000420 82679000446 82679000462 82679000488 82679000501 82679000527 82679000543 82679000569 82679000585 82679000608 82679000624 82679000640 82679000666 82679000682 82679000705 82679000721
82679000747
82679000763
82679000789
82679000802
82679000828
82679000844
82679000860
82679000886
82679000909
82679000925
82679000967
82679001005
82679001021
82679001063
82679001144
82679001225
82679001241
82679001283
82679001306
82679001322
82679001348
82679001364
82679001380
82679001403
82679001429
82679001461
82679001487
82679001500
82679001526
82679001542
82679001568
82679001584
82679001607
82679001665
7132
7116
7081
7195
7199
7120
7036
7222
7218
7214
7210
7209
7213
7217
7221
7225
7229
7103
7111
7119
7123
7108
7124
7142
7082
7072
7068
7064
7060
7056
7052
7048
7042
7028
7022
7014
7010
7006
7267
7263
7259
7247
SITE STREET
SITE TYPE SITE CITY
SITE ZIP LEGAL 1
LOT #
LILY LILY LIVE OAK LIVE OAK LIVE OAK LILY LIVE OAK WIREGRASS WIREGRASS WIREGRASS WIREGRASS WIREGRASS WIREGRASS WIREGRASS WIREGRASS WIREGRASS WIREGRASS LILY LILY LILY LILY LILY LILY LILY LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK WAY WAY DR DR DR WAY DR CT CT CT CT CT CT CT CT CT CT WAY WAY WAY WAY WAY WAY WAY DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR LOT 24 LOT 20 LOT 86 LOT 61 LOT 60 LOT 21 LOT 37 TRACT A TRACT B TRACT C TRACT D TRACT E TRACT F TRACT G TRACT H TRACT I TRACT J TRACT K1 TRACT L TRACT M1 TRACT N TRACT O TRACT P1 TRACT P2 TRACT P3 TRACT P4 TRACT P5 TRACT P6 TRACT Q TRACT R TRZCT R1 TRACT S TRACT T TRACT U LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 13 LOT 15 LOT 16 LOT 18 LOT 22 LOT 26 LOT 27 LOT 29 LOT 30 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 LOT 36 LOT 38 LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 LOT 44 LOT 45 LOT 48 1
NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE Page 70
EXHIBIT E
Owners Listed by Last Name
NAME
DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P PARCEL ID
82679001681
82679001704
82679001720
82679001746
82679001762
82679001788
82679001801
82679001827
82679001843
82679001869
82679001885
82679001982
82679002004
82679002020
82679002046
82679002062
82679002088
82679002101
82679002127
82679002143
82679002169
82679002185
82679002208
82679002224
82679002240
82679002266
82679002282
82679002305
82679002321
82679002347
82679002363
82679002389
82679002402
82679002460
82679002486
82679002525
82679002541
82679002567
82679002583
82679002606
82679002622
82679002648
82679002664
82679002680
82679002703
82679002729
82679002745
82679002761
82679002787
82679002800
82679002826
82679002842
82679002868
82679002884
82679002907
82679002923
82679002949
82679002965
82679002981
82679003003
82679003029
82679003045
82679003061
82679003087
82679003100
82679003126
82679003142
82679003249
82679003265
82679003281
SITE NUMBER
7243
7239
7235
7231
7227
7223
7219
7215
7211
7207
7203
7183
7179
7175
7171
7167
7163
7155
7141
7137
7133
7129
7125
7121
7117
7113
7109
7105
7101
7097
7093
7089
7085
7073
7069
7061
7057
7053
7049
7045
7041
7037
7033
7029
7025
7021
7017
7013
7009
7005
7023
7031
7039
7047
7055
7063
7071
7079
7087
7268
7264
7260
7256
7252
7248
7244
7230
7168
7164
7160
SITE STREET
LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK WINDING CYPRESS
WINDING CYPRESS
WINDING CYPRESS
WINDING CYPRESS
WINDING CYPRESS
WINDING CYPRESS
WINDING CYPRESS
WINDING CYPRESS
WINDING CYPRESS
LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK 2
SITE TYPE
DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR DR SITE CITY
NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES SITE ZIP
LEGAL 1
WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE LOT #
LOT 49 LOT 50 LOT 51 LOT 52 LOT 53 LOT 54 LOT 55 LOT 56 LOT 57 LOT 58 LOT 59 LOT 64 LOT 65 LOT 66 LOT 67 LOT 68 LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 LOT 74 LOT 75 LOT 76 LOT 77 LOT 78 LOT 79 LOT 80 LOT 81 LOT 82 LOT 83 LOT 84 LOT 85 LOT 88 LOT 89 LOT 91 LOT 92 LOT 93 LOT 94 LOT 95 LOT 96 LOT 97 LOT 98 LOT 99 LOT 100 LOT 101 LOT 102 LOT 103 LOT 104 LOT 105 LOT 106 LOT 107 LOT 108 LOT 109 LOT 110 LOT 111 LOT 112 LOT 113 LOT 114 LOT 115 LOT 116 LOT 117 LOT 118 LOT 119 LOT 120 LOT 121 LOT 122 LOT 127 LOT 128 LOT 129 Page 71
EXHIBIT E
Owners Listed by Last Name
NAME
DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P DIVOSTA HOMES L P EVELYN J GROCH REV TRUST GIACOMETTI, GEORGE GRIGORIEV, ALEX & MILA HALL, JEAN
HIRSHBERG, DAVID
KLINGENSMITH, KIMBERLY J LACKEY, BROOKE
LEDOUX, JANE E & CHRISTOPHER A
LIEGGI, NICK
MOORE, DALE B & SHARON L OLLES, RICHARD
PELOSI, JERYL ANN & SILVINO STAFFORD, BRUCE & SHARON STECHO, WAYNE A & LAURIE B STONE, DONALD STUDZINSKI, MICHAEL VERBIST, JAMES P & IRENE M PARCEL ID
82679003304
82679003320
82679003346
82679003362
82679003388
82679003401
82679003427
82679003443
82679003469
82679003485
82679003508
82679003524
82679003540
82679003566
82679003582
82679003605
82679003621
82679003647
82679003663
82679003689
82679003702
82679003728
82679003744
82679003760
82679003168
82679001649
82679000941
82679001940
82679002509
82679001267
82679003207
82679001047
82679001966
82679001209
82679002444
82679000983
82679001089
82679001160
82679001623
82679003184
82679003223
SITE NUMBER
7156
7152
7148
7144
7140
7134
7122
7110
7098
7235
7239
7243
7247
7251
7255
7259
7263
7267
7273
7277
7281
7287
7291
7295
7202
7251
7107
7191
7065
7076
7190
7104
7187
7136
7077
7115
7112
7128
7255
7198
7176
SITE STREET
LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL CLAMSHELL LIVE OAK LIVE OAK LILY LIVE OAK LIVE OAK LIVE OAK LIVE OAK LILY LIVE OAK LILY LIVE OAK LILY LILY LILY LIVE OAK LIVE OAK LIVE OAK SITE TYPE
DR DR DR DR DR DR DR DR DR LN LN LN LN LN LN LN LN LN LN LN LN LN LN LN DR DR WAY DR DR DR DR WAY DR WAY DR WAY WAY WAY DR DR DR 3
SITE CITY
NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES NAPLES SITE ZIP
LEGAL 1
WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE WINDING CYPRESS PHASE ONE LOT #
LOT 130 LOT 131 LOT 132 LOT 133 LOT 134 LOT 135 LOT 136 LOT 137 LOT 138 LOT 139 LOT 140 LOT 141 LOT 142 LOT 143 LOT 144 LOT 145 LOT 146 LOT 147 LOT 148 LOT 149 LOT 150 LOT 151 LOT 152 LOT 153 LOT 123 LOT 47 LOT 12 LOT 62 LOT 90 LOT 28 LOT 125 LOT 17 LOT 63 LOT 25 LOT 87 LOT 14 LOT 19 LOT 23 LOT 46 LOT 124 LOT 126 Page 72
EXHIBIT F
3200 Bailey Lane, Suite 200
Naples FL 34105
LEGAL DESCRIPTION
Being part of Section 35, Township 50 South, Range 26 East and
Part of Section 2, Township 51 South, Range 26 East,
Collier County, Florida
(WINDING CYPRESS CDD PHASE 2)
Being part of Section 35, Township 50 South, Range 26 East and
Part of Section 2, Township 51 South, Range 26 East,
Collier County, Florida and being more particularly described as follow:
Beginning at the Northeast corner of said Section 2
Thence along the east line of said section South 00°40'26" West 2,801.59 feet;
Thence continue along said east line South 00°40'46" West 1,424.99 feet;
Thence leaving said east line North 90°00'00" West 20.00 feet;
Thence North 86°53'29" West 233.86 feet;
Thence North 26°43'02" West 170.36 feet;
Thence North 50°20'48" West 175.24 feet;
Thence 73.39 feet along the arc of a circular curve concave northeast having a radius of 780.00
feet through a central angle of 05°23'27" and being subtended by a chord which bears North
47°39'05" West 73.36 feet;
Thence 199.56 feet along the arc of a non-tangential circular curve concave east having a
radius of 110.00 feet through a central angle of 103°56'36" and being subtended by a chord
which bears North 16°00'45" East 173.30 feet;
Thence 264.83 feet along the arc of a non-tangential circular curve concave north having a
radius of 1,275.79 feet through a central angle of 11°53'36" and being subtended by a chord
which bears North 74°34'25" West 264.35 feet to a point of reverse curvature;
Thence 116.25 feet along the arc of a circular curve concave south having a radius of 475.00
feet through a central angle of 14°01'22" and being subtended by a chord which bears North
75°38'18" West 115.96 feet to a point of reverse curvature;
Thence 413.80 feet along the arc of a circular curve concave northeast having a radius of
325.00 feet through a central angle of 72°57'05" and being subtended by a chord which bears
North 46°10'26" West 386.41 feet;
Thence North 09°41'53" West 119.62 feet;
Thence 217.32 feet along the arc of a circular curve concave west having a radius of 1,150.00
feet through a central angle of 10°49'38" and being subtended by a chord which bears North
15°06'42" West 217.00 feet;
Thence North 20°31'32" West 615.95 feet;
Thence 456.38 feet along the arc of a circular curve concave east having a radius of 325.00
feet through a central angle of 80°27'24" and being subtended by a chord which bears North
19°42'10" East 419.79 feet;
Thence North 30°04'08" West 44.61 feet;
Thence North 61°47'59" West 34.89 feet;
Thence 66.69 feet along the arc of a non-tangential circular curve concave northeast having a
radius of 80.00 feet through a central angle of 47°45'39" and being subtended by a chord which
bears North 53°00'45" West 64.77 feet to a point of reverse curvature;
Thence 24.77 feet along the arc of a circular curve concave southwest having a radius of
155.00 feet through a central angle of 09°09'23" and being subtended by a chord which bears
North 33°42'37" West 24.74 feet;
Thence North 87°36'05" East 0.03 feet;
Thence 622.99 feet along the arc of a non-tangential circular curve concave east having a
radius of 605.00 feet through a central angle of 58°59'57" and being subtended by a chord
which bears North 07°43'45" West 595.82 feet to a point of reverse curvature;
Thence 120.31 feet along the arc of a circular curve concave west having a radius of 395.00
1
Page 73
3200 Bailey Lane, Suite 200
Naples FL 34105
feet through a central angle of 17°27'04" and being subtended by a chord which bears North
13°02'42" East 119.84 feet;
Thence North 04°19'10" East 928.14 feet;
Thence 280.21 feet along the arc of a circular curve concave east having a radius of 455.00
feet through a central angle of 35°17'06" and being subtended by a chord which bears North
21°57'43" East 275.80 feet to a point of reverse curvature;
Thence 479.15 feet along the arc of a circular curve concave west having a radius of 755.00
feet through a central angle of 36°21'43" and being subtended by a chord which bears North
21°25'25" East 471.15 feet to a point of reverse curvature;
Thence 147.04 feet along the arc of a circular curve concave southeast having a radius of
165.00 feet through a central angle of 51°03'29" and being subtended by a chord which bears
North 28°46'18" East 142.22 feet;
Thence North 54°18'01" East 100.71 feet;
Thence 8.07 feet along the arc of a non-tangential circular curve concave southwest having a
radius of 960.00 feet through a central angle of 00°28'53" and being subtended by a chord
which bears North 45°50'14" West 8.07 feet;
Thence North 46°04'40" West 435.25 feet;
Thence 292.02 feet along the arc of a non-tangential circular curve concave southwest having a
radius of 920.00 feet through a central angle of 18°11'10" and being subtended by a chord
which bears North 54°44'06" West 290.79 feet to a point of reverse curvature;
Thence 245.24 feet along the arc of a circular curve concave northeast having a radius of
380.00 feet through a central angle of 36°58'37" and being subtended by a chord which bears
North 45°20'23" West 241.01 feet;
Thence North 26°51'05" West 178.94 feet;
Thence 606.44 feet along the arc of a circular curve concave southwest having a radius of
460.00 feet through a central angle of 75°32'09" and being subtended by a chord which bears
North 64°37'10" West 563.47 feet to a point of reverse curvature;
Thence 515.19 feet along the arc of a circular curve concave north having a radius of 540.00
feet through a central angle of 54°39'50" and being subtended by a chord which bears North
75°03'19" West 495.88 feet to a point on the boundary line of Winding Cypress Phase One, as
recorded in Plat Book 57, pages 89 through 97 of the public records of Collier County, Florida.
Thence along said boundary line North 42°16'36" East 80.00 feet;
Thence leaving said boundary line 438.87 feet along the arc of a non-tangential circular curve
concave north having a radius of 460.00 feet through a central angle of 54°39'50" and being
subtended by a chord which bears South 75°03'19" East 422.41 feet to a point of reverse
curvature;
Thence 584.33 feet along the arc of a circular curve concave south having a radius of 540.00
feet through a central angle of 61°59'59" and being subtended by a chord which bears South
71°23'15" East 556.24 feet;
Thence North 26°51'05" West 28.49 feet;
Thence 170.45 feet along the arc of a circular curve concave southeast having a radius of
95.00 feet through a central angle of 102°47'57" and being subtended by a chord which bears
North 24°32'54" East 148.49 feet to a point of reverse curvature;
Thence 104.46 feet along the arc of a circular curve concave northwest having a radius of
115.35 feet through a central angle of 51°53'11" and being subtended by a chord which bears
North 50°00'16" East 100.93 feet to a point of reverse curvature;
Thence 129.68 feet along the arc of a circular curve concave southeast having a radius of
145.00 feet through a central angle of 51°14'28" and being subtended by a chord which bears
North 49°40'54" East 125.40 feet to a point of reverse curvature;
Thence 81.60 feet along the arc of a circular curve concave northwest having a radius of
117.85 feet through a central angle of 39°40'20" and being subtended by a chord which bears
North 55°27'58" East 79.98 feet to a point of reverse curvature;
Thence 372.72 feet along the arc of a circular curve concave south having a radius of 175.00
2
Page 74
3200 Bailey Lane, Suite 200
Naples FL 34105
feet through a central angle of 122°01'43" and being subtended by a chord which bears South
83°21'21" East 306.16 feet to a point of reverse curvature;
Thence 91.63 feet along the arc of a circular curve concave northeast having a radius of 158.38
feet through a central angle of 33°08'57" and being subtended by a chord which bears South
38°54'58" East 90.36 feet to a point of reverse curvature;
Thence 166.84 feet along the arc of a circular curve concave southwest having a radius of
245.00 feet through a central angle of 39°01'04" and being subtended by a chord which bears
South 35°58'54" East 163.64 feet to a point of reverse curvature;
Thence 181.48 feet along the arc of a circular curve concave northeast having a radius of
429.65 feet through a central angle of 24°12'02" and being subtended by a chord which bears
South 28°34'23" East 180.13 feet to a point of reverse curvature;
Thence 239.71 feet along the arc of a circular curve concave west having a radius of 245.00
feet through a central angle of 56°03'32" and being subtended by a chord which bears South
12°38'38" East 230.26 feet to a point of reverse curvature;
Thence 74.33 feet along the arc of a circular curve concave east having a radius of 185.76 feet
through a central angle of 22°55'39" and being subtended by a chord which bears South
03°55'18" West 73.84 feet to a point of reverse curvature;
Thence 67.75 feet along the arc of a circular curve concave west having a radius of 145.00 feet
through a central angle of 26°46'20" and being subtended by a chord which bears South
05°50'39" West 67.14 feet;
Thence 141.66 feet along the arc of a non-tangential circular curve concave northwest having a
radius of 226.10 feet through a central angle of 35°53'49" and being subtended by a chord
which bears South 22°41'58" West 139.35 feet to a point of compound curve;
Thence 140.81 feet along the arc of a circular curve concave northwest having a radius of
187.54 feet through a central angle of 43°01'07" and being subtended by a chord which bears
South 62°09'26" West 137.52 feet to a point of compound curve;
Thence 19.01 feet along the arc of a circular curve concave north having a radius of 145.54 feet
through a central angle of 07°29'02" and being subtended by a chord which bears South
87°24'30" West 19.00 feet to a point of compound curve;
Thence 141.49 feet along the arc of a circular curve concave northeast having a radius of 80.00
feet through a central angle of 101°19'52" and being subtended by a chord which bears North
38°11'02" West 123.75 feet;
Thence 12.05 feet along the arc of a non-tangential circular curve concave east having a radius
of 319.94 feet through a central angle of 02°09'27" and being subtended by a chord which
bears North 09°21'20" West 12.05 feet;
Thence North 55°34'17" West 88.67 feet;
Thence South 37°09'39" West 65.33 feet;
Thence 38.05 feet along the arc of a circular curve concave east having a radius of 25.00 feet
through a central angle of 87°12'14" and being subtended by a chord which bears South
06°26'28" East 34.48 feet to a point of reverse curvature;
Thence 76.50 feet along the arc of a circular curve concave southwest having a radius of
1,000.00 feet through a central angle of 04°22'59" and being subtended by a chord which bears
South 47°51'06" East 76.48 feet;
Thence South 46°04'40" East 434.96 feet;
Thence 35.03 feet along the arc of a circular curve concave southwest having a radius of
1,040.00 feet through a central angle of 01°55'48" and being subtended by a chord which bears
South 45°06'46" East 35.03 feet;
Thence North 48°19'55" East 103.32 feet;
Thence 51.97 feet along the arc of a circular curve concave southeast having a radius of
157.42 feet through a central angle of 18°54'57" and being subtended by a chord which bears
North 57°47'24" East 51.74 feet to a point of reverse curvature;
Thence 84.65 feet along the arc of a circular curve concave northwest having a radius of
155.00 feet through a central angle of 31°17'34" and being subtended by a chord which bears
3
Page 75
3200 Bailey Lane, Suite 200
Naples FL 34105
North 51°36'06" East 83.61 feet to a point of reverse curvature;
Thence 119.34 feet along the arc of a circular curve concave southeast having a radius of
145.00 feet through a central angle of 47°09'16" and being subtended by a chord which bears
North 59°31'57" East 116.00 feet to a point of compound curve;
Thence 220.29 feet along the arc of a circular curve concave south having a radius of 321.79
feet through a central angle of 39°13'22" and being subtended by a chord which bears South
77°16'44" East 216.01 feet;
Thence 153.70 feet along the arc of a non-tangential circular curve concave south having a
radius of 88.95 feet through a central angle of 99°00'10" and being subtended by a chord which
bears South 78°14'19" East 135.28 feet;
Thence 138.88 feet along the arc of a non-tangential circular curve concave southwest having a
radius of 110.15 feet through a central angle of 72°14'33" and being subtended by a chord
which bears South 33°25'12" East 129.87 feet;
Thence 28.54 feet along the arc of a non-tangential circular curve concave southwest having a
radius of 405.00 feet through a central angle of 04°02'16" and being subtended by a chord
which bears South 38°28'30" East 28.54 feet to a point of reverse curvature;
Thence 17.35 feet along the arc of a circular curve concave northeast having a radius of 55.00
feet through a central angle of 18°04'44" and being subtended by a chord which bears South
45°29'44" East 17.28 feet;
Thence 12.84 feet along the arc of a non-tangential circular curve concave southwest having a
radius of 127.56 feet through a central angle of 05°45'55" and being subtended by a chord
which bears South 52°04'04" East 12.83 feet;
Thence 88.93 feet along the arc of a non-tangential circular curve concave southwest having a
radius of 139.88 feet through a central angle of 36°25'35" and being subtended by a chord
which bears South 31°13'36" East 87.44 feet to a point of reverse curvature;
Thence 45.34 feet along the arc of a circular curve concave east having a radius of 166.86 feet
through a central angle of 15°34'09" and being subtended by a chord which bears South
20°47'53" East 45.20 feet;
Thence 62.01 feet along the arc of a non-tangential circular curve concave south having a
radius of 85.00 feet through a central angle of 41°48'04" and being subtended by a chord which
bears South 76°38'18" East 60.65 feet to a point of compound curve;
Thence 47.14 feet along the arc of a circular curve concave southwest having a radius of
140.00 feet through a central angle of 19°17'27" and being subtended by a chord which bears
South 46°05'33" East 46.91 feet to a point of compound curve;
Thence 45.05 feet along the arc of a circular curve concave west having a radius of 83.87 feet
through a central angle of 30°46'38" and being subtended by a chord which bears South
21°03'30" East 44.51 feet;
Thence 18.56 feet along the arc of a non-tangential circular curve concave southwest having a
radius of 146.54 feet through a central angle of 07°15'25" and being subtended by a chord
which bears South 36°34'08" East 18.55 feet to a point on the east line of said Section 35;
Thence along said east line South 00°23'29" West 357.29 feet to the POINT OF BEGINNING.
Containing 155.84 acres more or less.
ALSO INCLUDING THE FOLLOWING:
BEGINNING at the Southeast Corner of Tract S according to said Plat of Winding Cypress
Phase One also being the east line of a 110’ wide Florida Power & Light Easement (FP&L);
Thence along the east line of said FP&L easement South 00°42'08" West 2,106.76 feet;
Thence continue along said line South 00°42'08" West 2,104.18 feet to a point on the northerly
right of way line of U.S. 41 (Tamiami Trail);
Thence along said northerly right of way line North 54°21'26" West 134.09 feet to the west line
of said FP&L easement;
Thence along said west line North 00°42'04" East 4,132.80 feet to the south line of said Tract
4
Page 76
3200 Bailey Lane, Suite 200
Naples FL 34105
“S”;
Thence along said south line North 90°00'00" East 110.00 feet to the POINT OF BEGINNING.
Containing 10.53 acres more or less.
For a net Total of 166.37 Acres more or less:
Bearings are based on the east line of said Section 2 being South 00°40'26" West;
Subject to easements and restrictions of records;
Certificate of authorization #LB-7866.
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By:
Date February 5, 2014
Lance T. Miller, Professional Surveyor and Mapper #LS5627
Not valid unless embossed with the Professional’s seal.
Ref 4E-81C - SKETCH
5
Page 77
Page 78
RESOLUTION 2015-28
[AMENDING AND SUPPLEMENTING RESOLUTION 2015-24]
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT
AMENDING RESOLUTION 2015-24 TO PROVIDE FOR THE
ADOPTION OF A REVISED ASSESSMENT METHODOLOGY REPORT;
TO PROVIDE FOR PAYMENT AND COLLECTION OF SPECIAL
ASSESSMENTS BY THE METHODS PROVIDED FOR BY CHAPTER
197, FLORIDA STATUTES; RATIFYING AND REAFFIRMING
RESOLUTION 2015-24 EXCEPT AS MODIFIED BY RESOLUTION 201528; ADDRESSING CONFLICTS; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Winding Cypress Community Development District (the “District”) is a
local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes,
for the purpose of providing, operating and maintaining infrastructure improvements, facilities
and services to the lands within the District; and
WHEREAS, on November 3, 2015, the District Board of Supervisors (“Board”) adopted
Resolution 2015-24 which, among other things, authorized district projects for construction,
equalized, approved, confirmed, and levied special assessments on property specially benefitted
by such projects, and provided for the payment and collection of such special assessments by the
methods provided for by Chapters 170 and 190, Florida Statutes; and
WHEREAS, the Board has considered the Master Special Assessment Report, dated
September 22, 2015, revised December 1, 2015 (the “Assessment Report”); and
WHEREAS, the Board noticed and conducted a public hearing pursuant to Chapter 197,
Florida Statutes, relating to the imposition, levy, collection and enforcement of such
assessments; and
WHEREAS, the District desires to amend Resolution 2015-24 to provide for adoption of
the Assessment Report and to add provisions relating to the collection of special assessments
pursuant to Chapter 197, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE WINDING CYPRESS COMMUNITY
DEVELOPMENT DISTRICT:
SECTION 1. RECITALS. The recitals set forth above are true and correct and are
incorporated herein and made a part of this resolution as if set forth herein verbatim.
SECTION 2. AMENDMENT OF RESOLUTION 2015-24.
Page 79
(a) Resolution 2015-24 is hereby amended by changing, in each place it appears in
Resolution 2015-24, the references to the Assessment Report from the Master Special
Assessment Report dated September 22, 2015, to the Master Special Assessment Report dated
September 22, 2015, revised December 1, 2015.
(b)The below sections and subsections of Resolution 2015-24, are hereby specifically
amended and restated to read as follows:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This
Resolution is adopted pursuant to Chapters 170, 190 and 197, Florida Statutes,
including without limitation, Section 170.08, Florida Statutes.
SECTION 2. FINDINGS. The Board hereby finds and determines as
follows:
(c) The District is authorized by Chapter 190, Florida Statutes, to
levy and impose special assessments to pay all, or any part of, the cost of
such infrastructure projects and services and to issue special assessment
bonds payable from such special assessments as provided in Chapters 170,
190 and 197, Florida Statutes.
(j) As required by Section 170.07, Florida Statutes, upon
completion of the preliminary assessment roll, the Board adopted
Resolution 2015-20, fixing the time and place of a public hearing at which
owners of the property to be assessed and other persons interested therein
may appear before the Board and be heard as to (1) the propriety and
advisability of making the infrastructure improvements constituting the
Project, (2) the cost thereof, (3) the manner of payment therefore, and (4)
the amount thereof to be assessed against each specially benefited property
or parcel and provided for publication of notice of such public hearing and
individual mailed notice in accordance with Chapters 170, 190 and 197,
Florida Statutes.
(m) Having considered the estimated costs of the Project,
estimates of financing costs and all complaints and evidence presented at
such public hearing, the Board of Supervisors of the District further finds
and determines:
(i) that the estimated costs of the Project is as specified in the Engineer’s
Report, which Engineer’s Report is hereby adopted and approved, and that
the amount of such costs is reasonable and proper; and
(ii) it is reasonable, proper, just and right to assess the cost of such Project
against the properties within the District specially benefited thereby using
the method determined by the Board set forth in the Master Special
Assessment Report dated September 22, 2015, Revised December 1, 2015,
Page 80
(the “Assessment Report,” attached hereto as Exhibit B and incorporated
herein by this reference), which results in the special assessments set forth
on the final assessment roll (the “Special Assessments”); and
(iii) it is hereby declared that the Project will constitute a special benefit to
all parcels of real property listed on said final assessment roll and that the
benefit, in the case of each such parcel, will be equal to or in excess of the
Special Assessments thereon when allocated as set forth in Exhibit B; and
(iv) it is in the best interests of the District that the Special Assessments be
paid and collected as herein provided.
SECTION 7. PAYMENT OF SPECIAL ASSESSMENTS AND
METHOD OF COLLECTION.
(a) The Special Assessments may be paid in not more than thirty (30)
substantially equal consecutive annual installments of principal and interest. The
Special Assessments may be paid in full without interest at any time within thirty
(30) days after the completion of the Project and the adoption by the Board of a
resolution accepting the Project; provided, however, that the Board shall at any
time make such adjustments by resolution, at a noticed meeting of the Board, to
that payment schedule as may be necessary and in the best interests of the District
to account for changes in long and short term debt as actually issued by the
District. All impact fee credits received shall be applied against the outstanding
indebtedness of any debt issuance that funded the improvement giving rise to the
credits which application may be addressed by such resolutions. At any time
subsequent to thirty (30) days after the Project has been completed and a
resolution accepting the Project has been adopted by the Board, the Special
Assessments may be prepaid in full including interest amounts to the next
succeeding interest payment date or to the second succeeding interest payment
date if such a prepayment is made within forty-five (45) calendar days before an
interest payment date. The owner of property subject to Special Assessments may
prepay the entire remaining balance of the Special Assessments, or a portion of
the remaining balance of the Special Assessment at any time if there is also paid,
in addition to the prepaid principal balance of the Special Assessment, an amount
equal to the interest that would otherwise be due on such prepaid amount on the
next succeeding interest payment date, or, if prepaid during the forty-five day (45)
period preceding such interest payment date, to the interest payment date
following such next succeeding interest payment date. Prepayment of Special
Assessments does not entitle the property owner to any discounts for early
payment.
(b) The District may elect to use the method of collecting Special
Assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes (the
“Uniform Method”). The District has heretofore taken or will use its best efforts
Page 81
to take as timely required, any necessary actions to comply with the provisions of
said Sections 197.3632 and 197.3635, Florida Statutes.
Such Special
Assessments, with consent of the Trustee, may be subject to all of the collection
provisions of Chapter 197, Florida Statutes. Notwithstanding the above, in the
event the Uniform Method of collecting its special or non-ad valorem assessments
is not available to the District in any year, or if determined by the District to be in
its best interest, the Special Assessments may be collected as is otherwise
permitted by law. The District may, with consent of the Trustee, collect Special
Assessments by directly assessing landowner(s) and enforcing said collection in
any manner authorized by law. Such special assessments shall at all times be
collected in a manner consistent with applicable trust indenture.
(c) For each year the District uses the Uniform Method, the District shall
enter into an agreement with the Tax Collector of Collier County who may notify
each owner of a lot or parcel within the District of the amount of the special
assessment, including interest thereon, in the manner provided in Section
197.3635, Florida Statutes.
SECTION 3. RATIFICATION OF RESOLUTION 2015-24. Except as modified by
this resolution, Resolution 2015-24 shall remain in full force and effect and is hereby ratified and
reaffirmed.
SECTION 4. SEVERABILITY. If any section or part of a section of this Resolution
be declared invalid or unconstitutional, the validity, force and effect of any other section or part
of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears
that such other section or part of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or unconstitutional.
SECTION 5. CONFLICTS. All resolutions or parts thereof in conflict herewith are, to
the extent of such conflict, superseded and repealed.
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective upon its
adoption.
APPROVED AND ADOPTED THIS 21st DAY OF DECEMBER, 2015.
________________________________
Secretary/Assistant Secretary
Exhibit B:
____________________________________
Chairman, Board of Supervisors
Master Special Assessment Report, dated September 22, 2015, revised December
1, 2015
Page 82