•	

APR-Zi-03    04:ZSPIA	FROM-AKERMAN SENTERFITT & EIDSON

+3053745095	T-034	P.OZ	M3Z

MEMORANDUM

t;Lt:KI\  l '	1111:. !:lUAtll.,
.	OF CCVNlY COMM!SSION£i
SL>bSl:ll:ut:e DADE COUNTY. FLORIDA
Agenda I1:em No. 4(GG)

TO:		Honorable Chairperson and Members Board of Counl)' Commissioneis
APR 2 4 REC'D

l>ATE:	Ma!Cch ll, 2003

)1	I'
,V"/-t,-,.
\Ji,v'"
1,,li...--

FROM:

SUBJECT:
>	> 
03 · 3 7

Ordinance Creating the
Islands at Doral (SW)
Community Developmo:nt District

This substitute clarifies that a special taxing distrjcr will be created to provide maintenance services for the CDD's private streets, should the CDD be dissolved or fall to maintain the facilities or provide services at scime point iu the future. The special taxing dj51rict will be
held dormant until this Board adopts ap assessment roll lmpjergenting the district. The substitute also indicates that this CDD lies within the recently voter-approved munici11alitv of Doral.

RECOMMENOA TION

It is recommended that the Board adopt tb auached or<lin:mce creating the, Islands at Doral (SW) Communiiy Development Dislrict (CPD), pursuant to the uthority grantc:d by 1he Miami-Dade County Home Rule Cllan.r for the purposes set forth in Chapier 190 of!hc Florida Sta!lltes. It lies within lhc bClut1daries of the recently voter-approved mmiicipality of Doral.

BACKGROUND

..

Cenmry Homebuilders, LLC, owner of tile Doral Isles North Development, bil'I tile<! an application 10 creaie the Islands at Doral (SW) CDD in collllection w11ll said development. Doral Isles North is a I08-acre residential development lying wholly within Unincorporated Miami-Dade County, in the area bounded by NW 112 Avenue ot1!he east, approximately NW 117 Avenue on !he west, NW 74'11Stree1on the soulh a11d lbeorerical NW 81 Streeton the nonb. The COD is <lc,signcd 10 provide a fiu:mcmg mechanism for community inftastrucnire, servicc,s and facilities, along with certain ongoing operations and maint1mance for the Doral Isles Nunh development. The development plans fonhe lands within tile propose<! COD include consnuction ofapproximately IOI single family units, lll14 5153 townhouse units with associated roadway, storm drainage and w11ter llllJl sewer facilities estimated to costapproximat,::ly $9.240 million. Adetailed summazy of COO elements, as well as their cost and anticipated lack of fiscal impacts to government agencies, is presented intheattached application submimd by Cennuy Homebuilders, LLC. In accordance with Florida Statute 190, Cmtucy Homebuil<1ei:s, l.LC, haS paid a filing fee of$15,000 10 tlie County.
This Boarcl is authoriz.:d by the Florida Consnmtion and the Miami-Dad County Homi: Ruic Chaner to establish govenunental unirs such as the:- CDD within Miami-D dc County and to prescribe such govcnunrn1's juriS<liction and powers.

CI)g-,i, ATJlQM,LlSWlCOD(l "'1'1CESllJJ;ffflVll,/IUlo!0.£1i
'""""'

APR-23·03 04:28PM	FROM-AKERl,!AN SENTERFITT & EIDSON	+3053745095	T-034	P.03	F·03Z
Vv"v/	l

Hon. Chairperson and Members Board of County Comm1ss1oners Page No. 2

This development includes a mixture of public and private streets, the latter robe maiutained by
the CDD. A special taxing district shall be created to maintain this deve!opmeni's infrastr11cture such as roadways, storm drainage, water, sewer and landscape should me CPO be dissolved or fail to fulfill its maintenance oblig:iti s. This district will remain dormant until sucn time as
Miami-Dade County exercises its discretion to initiate the special taxing district special assessment roll heanng pwcess.
FISCAL IMPACT
Tbe cr ation of the: Islands at Doral (SW) Comrnurnry Development District will havti 110 fiscal impact on Miami-Dade County.

., .

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APR·23·03 04:28PM	FROM-AKERMAN IENTERFITT & EIDSON	+3053745095	T·034	P.04/39	F·032

MEMORANDUM

TO:

FROM:

Honorable Chaitpc:rson lllld Members

e.	"

Board of Cowity Commissioners

County Anomt>y	Q 3 , 37

DATE:	Maren  11,	2003

Subst:it:ut:e
SUBJECT:   Agenda Item No.	4(GG)

Pleau 111ne ;111y ite111s checked.
"4•Dlly Rule" (Applicable if raised)

 		6 weeks required between firn reading and public bearing

 		4 weeks nonfication to municipal officials req11irecl prior to public bearing
 		Decreases revenues or increases npenditures without balancing budget

 		l3udgel requlred

 		Statement of fiscal impacl required

 		Statemellt of private bualnl!u sect11r impact required

 		Bid waiver requiriug C11unty Manager's wrineu rccomme11dario11

 		OrdiPauce creating a new board requires detailed C11unty Manager's rep11n for public bearing
 	...	"Sunset" proviaiun requir11d

...

 		Legislariv• fiudiu 1111eessary

APR-23·03 04:ZBPM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095
Approved 			.,,M.. au;vo,.._r Veto	 	
Override	 	

T-034	P.05/19	F-032
,t:it:ut:e
....genda Item No.	4 C GG J
J-11-03

ORDINANCE NO,	03 · 37 I
OROlNANCE GRANTING PETITION OF CENTURY HOMEBUU.DERS, U.C., ("CENTURY" OR ..PETITIONER") FOR ESTABLISHMENT OF A COMMUNlTY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING ISLAJIIPS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT (''DISTRICT1; PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING lNITIAL MEMBERS OF SOARD OF SUPERVISORS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

WHJ;:JU:AS, the Florida Legislature created and amended Chapter 190, Florida Statutes, ll> provide an alternative method to tfoance and manage basic Stm'ices for 1:ommunil)' development; and
WHEREAS, Section l.01(A)(21) of the Miami-Dade Councy Home Rule Chaner grdllts the Miami-Dade County Board of County Commissioners the authoricy to exercise all powers and privileges gtanted to municipalities and counties by the Jaws oftlris State; and
WHEREAS, Article vm, section 6(1) of the Florida Constitution provides for excli.1sive
County Charter aumority to establish all governmental writs witlrin Miami-Dade County and to provide for their government and prescribe their jurisdiction and powers; and
....
WHEREAS, Century Hornel>11Uders, UC., ("Cenney" or "Petitioner") has petitioned for the establishment of the Islands at. Doral (SW) Communicy Development District (the "District"); and
WHt:IUAS, a public helll'ing bas been conducted by the Miami-Dade County Board of County Commissioners in accordance with the requiremenis and procedures of

APR-23·03 04:28PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.06/39	F-032
10stitute	U .;1 • j	(
•• genda llem No.	4 ( GG J
Page2

Section 190.005(2)(b), Flori<lll Sta1111es, and the applicable requircmen1s and procedures of the Miami-Dade County Home Rule Charter and Code; and
WHEREAS, the District will cons1it111e a timely, efficient, effective, responsivi;, and
economic way to deliver community development services in the area, th<lreby providing a solution to the County's planning. management !llld financing needs for delivery of capital infrastrucnue therein wilhout overburdening the County and its taXpayers; and
WHEREAS, !he Board of Couniy Coll1lllissioner:s finds that the statements contained in
!he Petition arc tnle and correct; and
WHEREAS, the creation of the District is not inconsislent wii:11 any applicable dement or portion of the State comprehensive plan or the Miami-Dade County Comprehensive De"eloprnent Mast<lr Plan; and
WHEREAS, the area of land within the District is of S11fficient size, is sufficiently
compact, and is sufficiently contiguous to be de\lelopable as one functional intcrrcJa1cd community; and
WHEREAS, !he creation of the District is the bei;t alternative available for delivering the
community development services and facilities to the area that will be served by the District; and
WHEREAS, the proposed $ervices and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional communicy development
services and facilities; and
WHEREAS, !be area that will b.e.served by the District is am,;nable to separate special- district government; and
WHEREAS, having made the foregoing findings, after a public hearing, the Miami-Dade County Boar<! of County Commissioners wishes to exercise the powers bestowed 11pon it by

APR-23·03 04:29PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.07/39	F-032
.. .,enda llem No.	4 ( GG)

03.

Page 3	.
3 7.
Section l.0l(A)(2l) of the Miami-Dade County Home Rule Chaner in the manner pro,,ided by Chapter 190, Florida Statutes; and
WHEREAS, !he Miami-Dade County Board of Count}' CommissioneTS finds that the
District shall have those general and special powers authorized by Sections 190.011 311d 190.012, Florida S1atutes, and set forth herein, and !hat it is in the public interest of all of the citizens of Miami-Dade County !hat the District have such powers,
NOW, THEREFORJ:, 13£ IT ORDAIN.ED BY THE BOARD OF COUNTY COMMISSIONERS OF MJAMI-f>ADE COUNTY, FLORIPA:

Secrion J.

The foregoing findings, which are expressly set forth herein, are hereby

adopted and made a part hereof.

Section 2.	The Petition to establish the Islands at Doral (SW) Community

Development District over the real property described in Exhibit A a hed hereto, which was filed by Century HomeblliideTS, LLC., a Florida limited liability company, on December 9, 2002 an<! which Petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the Petition is attached in its entirety and incorporated herein (Exhibit B).
Section 3.	The external boundaries of the District shall be as depicted on the lc;,c tion

map attached hereto and incorporated herein as Exlubit C.

Section 4.	Toe initial membets of tbe Board of Supervisors shall be as follows:
Cesareo E. Llano Brandon lmmerman Thomas 1g1isias, Sr. Keyla Alba-Reilly Reinaldo Sanchez

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APR-23-01 04:29PM	FROM-AKERMAN SENTERFITT & EIDSON	+1053745095	T-034	P.08/39	F-032

ibs-ci1:.u-ce
..-.genda Item No. Page4

4(GG) LJ 3 • 3 7

Sections. The name of tile District shall be the ..Islands at Doral (SW) Comrnwriiy Pevelopment District."
Section 6. The Islands at Doral (SW) Communiiy Development District is created for the purposes set forth in Chapter 190, Florida Starntes, pursuant to the authority granted by Section l.Ol(A){21) of the Miami-Dade County Home Rul Charter.
Section 7.	Pwsuant to Section 190.005 (2) (d), Florida Statutes, the charrer for the
Islands at Doral (SW) Community Development District shall be Sections 190.006  through

190.041, Florida Sumnes.

Section 8. The Miami-Dade County Board of County Commissioners hereby grants to the Islands at Doral (SW) Community Development District all general powers authorized purswqit 10 Section 190.0ll, Florida Statu , and hereby finds that it is in the public interest of all citiz,ms ofMiami-Pade Co11111y to gtant such general powers.
Section 9.	The Miami•Dade County Board of County Cornmissii>ners hereby grants

10 tile Islands at Doral (SW) Community Development District the special powers authorized pursuant to Section 190.012 (l), Florida Statutes and Sections 190.012 (2)(d) and (t), (except for powers regarding wasie disposal), Florida Statutes and Section 190.012 (3), Florida Stamtes, and hereby finds that ic is in the: public interest of all cilizens of Miami-Dade County 10 grant such
special powers.
....
Section 10.	All bonds issl!ed by the Islands at Doral (SW) Cotnmunity Development
District pursuant to the powers granted b this ordinance shall be validated pursuant to Chapter

75, Florida Stat11tes.
Section 11. No bond, debt or olher obligation of the Islands at Doral (SW) Community Development District, nor any default thereon, shall constitute a debt or obligation of

7

APR·Zl·OI 04:Z9PM	FROM-AKERMAN SENTERFITT & EIDSON

+1051745095

P.09/19	F·OIZ
3t.J.t.Ut.e
••gendl\ Item No.	4 ( GG)
Pages

03 • 3 7 1
Miami-Dade Cowity, except upon the express approval and agree111ent of the Miami-Dade Board

of County Commissioners.
Section 12.	Notwithstanding any power granted to the Islands at Doral (SW) Community Development District pursuant to this Ordinance, neither the District nor any real or
personal property or revenue in the district shall, solely by re2"on of the District's creation and existence. be exempted from any requirement for the payment of any and all rates, tees, charges, nnitting fees, impact fees, connection fees, or similar County rates, fees or charges, special taxing districts special assessrnems which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County.
Section )3.	Notwithstanding any power granted to the Islands at Doral (SW)
Community Development District pursuant to this Ordinance, the District may exercise the power of eminent domain outsi<le the District's existing boundaries only with the prior specific and express approval of the Board of Counzy Commissioners of Miami-Dade County.
Section 14.	If any section, subsection, sentence, clause or provision of this ordinance is hdd invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 15.	This  orainance  shall  become  effective  ten  (lO)  days  after  the date of
enactment  unless vetoed  by  the Mayor,  and if vetoed, shall  become  effective  only  upon llll
override by this Board. It is provided. however, that this ordinance snail not become effective, in
....
whole or in part, unless on or before 5:00 p.m. on the 10th day after the date of enacuneni, a
proposed Interlocal Agreement has been._ subinined and received by the Co\lllty Manager, in a fonn acceptable to the Cowity Anomey, and executed by each member of the Board of Supervisor designates named in Section 4 hereof, having provisions in substantially the following fonn:

APR-23•03 04:29PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745091	T-034	P.10/39	F-032
pst:i.tute	U .j • .j /
ngenda Item No. 4 ( GG}
Page6

Except upon the prior written consent of Miami-Dade County, which shllll not be unreasonably withheld, the Disuict shall not apply for or II$!! grants or loans of money or other property from the United States, the StaJC of Florida, any other unit oflocal government in Florida, or any other person or entity (except in connection with any financings of the Disnict, and any loans made to the Disuict by the de¥eJoperts, their affiliates and/or len<lers in connection with lhe land <levelopment or<lers for propCJ1Y that is the subject of the Petition approved hereby, as lhey may be amen<led from time to time) for any District purpose. Ally an<! all such requests by lhe District for authorization to apply for or use such grants or loans shall be made to Miami­ Oa<le County, which shall have the sole <iiscretion 10 decide whelher to allow applica1ion for any such loans or grants. Shoul<l the County apply for any such loans or grants on behalf of the District, the District shall pay all costs to the Co1111ty in connection with any such applicationts;
The Miami-Dade County Water and Sewer Department shall provi<le all water an<! wastewater sen-ice to the District and ail lands within the Dislrict boun<laries.
The Islands at Doral lSW) Community De11elopmen1 Disnict shall, to the best of its ability, fully utilize economic development enhanc..ment resource agencies an<! programs designed to involve small an4 minority bUliinesses in lhe <leveloprnent and expansion
of  permanent  job  oppoitllllities within the District.	The propose<! Imer!Qcai Agreement
....
containing this provisions shall contain examples of !IIICh agencies and programs. The Islands at Doral (SW) CommunitY Development J;,lislrict will attempt 10 access tlle r4Ilge of job skills available in the region and promote greater labor force enhancemenr. At a minimum, the Islands at Dorlll (SW) Community Development District shall encourage all landowners in the District to provide potential commercial tenants with infotmation about employment an<! tnimng agencies

APR-23-08 04:SOPM	FROM-AKERMAN SENTERFITT & EIDSON

+8053745095

T-034	P.11/39	F-032
,tit.ut.e
,enda Item No.	4 (CG) Page7
03 · 3 7 1

that maintain a database of miined/skilled workers 10 consider in meeting the Disnict's employment needs.
The Islands at Doral (SW) Comm1.1nity Development Disnict shall adopt and utilize specific measures designed to involve small and minority businesses in the development an<! eJ1Cpansion of permanent job opponunities. Such measures shall be in substantially the forms employed by Miam.i-Pade Cowny, specifically, the Miami-Dade Count}' Colllf!lwrity Small Business Enterprise Program; the Black, Women and Hispanic Enterprise Programs; fair subcontracting measures; nondiscrimination in bidding and contracting measures; and prompt payment measures.
The Islands at Doral (SW) Comm1mity Development Disnict shall provide for the election of a member to its Board of Supervisors who is <leeined by the Board of County Commissionen to represent the voice of Miami-Dade County.
(t) In addition to notice required under Section 190.048, Florid4 Statutes, the Islands at D<>ral (SW) Community Development District shall provide a separate notice to each prospecti'.,,e purchaser of residential property in the Disnict, prior to execution of any contract for Sllle, describing the type and amo1mt of all proj.:cted iaxes 1111d MSeasments on the propeny in the District, including a good-faith estimaie of the tllXes Md assessments on the individu11I parcel
being considered for prospective Pll!'Chase.
...
The Islands at Doral (SW) Collllllunity Development District shall adopt and utilize meaaures ptoviding for emplo<111ent of welfare recipients by entities contracting with the District. Such measures shall be in substantially the fonn of Miami-Dade County Resolution R-1206-97, as the same shall bi: amenJed from time to lime.

APR·Z3·03 04:30PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.IZ/39	F·03Z
b;,titut:e	Uv • .:l /
,-.genda Item No.	4 ( GG l
Page 8

th) The lslan<ls at Doral (SW) Community Dcve)opmem District agrees to apply for the cre-otion oh ml'ltipurpose special taxing district to maintam the developmenrs infrastrncrnre s11ch as roadways, storm drainage, water, sewer and landscape shou)(!1he CDD be <lissolved or fail to fulfill its maintenance obligations. Any and all pl<11$ of property wi'lhin the CDD shall contain a conveyance cla"se to Miami·Pa<le Coumy to be exerciSt:d at i 4iscretion should lhe COD be 4issolve4 or f<1il to perfonn.
Section 16.  It is me intention of tile Board of County Commissioners, and it is hereby or<lained that me provisions of this ordinance, including any swiset provision, shall become and be made a part of lhe Co4e of Miami-Dade County, Florida. The sections of this ordinance may be rem1mbered or relenered 10 accomplish such intention, and the word "ordinance" may be changed ro "section," "article," or other appropriate word.
Section 17.	This ordinance does no1 contain a sunset provision.

PASSJ,D AND ADOPTED;	MAR t I 20D3
Approved by County Anomey as
to form and legal sufficiency:

Prepared by;	
Joni AZms1r0ng Coffey

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APR·Z3·03 04:IOPM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.13/39	F·OIZ

  !BITA

LEGAL DESCRIPTION

ISLANDS AT DORAL (SW} COMMUNlT\' DEVELOPMENT DISTRICT

A portion of Section 1, Townsmp 53 South, Range 40 East, Miami-Dade County,
Florida; being more particlllady described as follows:
All of Tolcts 35 lhrough 40 aJJd Tracts 43 lhrough 47; less the east 35 feet of said Tracts 36 through 39 and less the west 35 feet of said Tract 43 of Florida Fruit Land Company's Subdivision according to tbe plat thereof as recorde4 in Plat Book 2 at Page 17 of the Public Records of Miami-Dade County, Florida (a.Jc.a. lslands at Pora! (SW) Community Pevelopment District.

...

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APR-23·03 04:SIPM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.14/39	F-032

EXHIBITB
PETITION

....

....

I

APR·2S·OS 04:IIPM	FROM-AKERMAN SENTERFITT & EIDSON	+305!745095	T·OS4	P.15/Si	F-032

PETITION FOR ORDINANCE FOR

ISLANDS AT DORAL (SW}
Community Development District

-.-
December 9, 2002

...	Prepared by
Special Dtnricr Service!f, l11c.
11008 Prosperity Famis Road, Suite 104
Palm Bea.ch Gardens, Florida 33410

561-630-4922 -Tele
877-737-4922-Toll Free
561-630-4923 - Fax

(<{

APR-23·03 04:31PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T·OS4	P.16/39	F-032

IN Rf:	AN ORDINANCE TO ESTABLJSH	)	
	THE ISLANDS AT DORAL (SW)	)	
	COMMUNITY DEVELOPMENT DISTRICT	)	

PETITION
Petitioner, Century Homebuilders, LLC, {""Petitioner"), hereby pem1ons the Miami-Dade County Commission 10 es1ablisb a Communily Development District ('")?_istrict") with respect to the land described herein and in support of the Petition, Petitioner stales:

The proposed Disuict is located within rhe unincotporated area of Miami- Dade County. Exhjbit l depicts the general location of the project. Toe proposed District covers approximately 108 acres of land. The metes and bounds description of the external boundaries of tho: District is set forth in Exhjbit 2. There is no real propeny within tne internal boundaries of lbe proposed District, which is to be excluded from the District.

Anached to this Petition as Exhjbit 3 and made a pan hereof is the written coosenl to the establishment of the District by the owners of 100% of the real praperty to be included in lhe District.

The five persons designated to serve as initial members of the Board of Sup isors of the proposed District arc; as follows:

Cesaro!o E. L.laoo	7 43 Sistina A venue	Coral Gables, Florida 33146.	
Brandon Immerman	13480 SW 96111 Street	Miami, Florida 33I86	
Thomas Iglesias, Sr.	12351 S.W. 75 th Street	Miami, Florida 33183	
Keyla Alba-Reilly	5490 N.W. 113 Court	Miami, Florida 33178	
lteinal4o Sanchez	10400 S.W. l!illll Street	Miami, Florida 33165	

The: proposed lllll!lC of the Pisuict to be established is Islands at Doral
._ <SW} Community Development District ('"10D(SW)CDD").
S. There are no "xisting major trUnk water mains, sewer interceptors or outfalls currently existing ofl.lhc; site.

The proposed timetable for lhe construction of Disirict servic s is shown on Exhilric 4A and the estimated cost of constructing the services, based on available data, is shown on Exhibjt 4B. This is a good faitb estimate but 1s not binding on !he
Petitioner and the District and is subject to change.

([	l	-

APR-23-03 04:31PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.17/39	F-032

Petitioner is in the process of developing the project as a residential community. T he p roposed u ses fan he I and w ithin t he D istrict a re l 01 single f amiIy dwelling units and 563 townhouse units. The proposed uses for the land included within the proposed District are in compliance with Miami-Dade County future Land Use Element.	The County Master Plan and Future Land Use Element designate the lan<:l contained within the proposed District for low density residential. The future general 4istribution, location and extent of public and private uses of land proposed for the area within the District are shown on Exhibir 5.

Exhipit 6 is a Statement of .Estimated Regulatory Costs prepared in acc·ordance with the requirements of Section 120.541, Florida Stanues.

The District is seeking and hereby requests the right to exercise all powers provided for in Section 190.06 through 190.041, Florida Statutes (except for powers regardi!lg waste disposal or collection of any waste other than commercial or industrial), including the special powers provided by Section 190.012, Florida Statutes.

The Petitioner is CentllJY Homebuilders, LLC. whose address is 7270
N.W. 12111 Street, Suite 410, Miami, Florida, 33126.
The property within the proposed District is amenable TO operating as an
independent special district for the following reasons:

Establishment of the District and all land uses and services planned
within the proposed District are not inconsistent with applicable elements or portions of the effective Miami-Dade County Comprehensive Development Master Plan, as
amended.	-~ ·
The area of land within the proposed District is part of a unified plan of development for which a development plan has been or will be approved by Miami-Dade County. The land encompassing the proposed District is of sufficient size  and is sufficiently compact and continuous to be developed as one functional inter-related community.

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

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

z	lo

APR-23-03 04:31PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P 18/39	F-032

WHEREFORE, Petitioner respectti.llly requests the Miami-Dade Co111ny Commission to:

Hold a public hearing as required by Section l 90.005(2)(b}, Florida Statutes to consider the establishrnem of the Islands of Doral (SW) Community Development District and;

Adopt an ordinance pUTSuam to Chapter 190, Florida Stannes, granting this .Petition and establishing the Islands of Doral (SW)  Community Development District.

Respectfully submitted this	Ji?-	day of	 ).	r	I .,_	, 2002.

By: Cesareo E. Llano, Vice President
7270 N.W. 12111 Street, Suite 401
Miami, Florida 33126

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APR-23-03 04:3ZPM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.19/39	F-032

EXHIBITS

ISLANDS AT DOlUL (SW} COMMUNJTY DEVELOPMENT DISTRICT

Exhibit l Exhibit 2 Exhibit3 Exhibit 4A Exhibit4B Exhibit 5
Exhibit 6

General Location of the Project Legal Description
Consent and Joinder

Estimated Infrastructure Construction Time Table Construction Costs Estimates
District Site Plan

Statement of Estimated Regulatory Costs

....

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APR-23·03 04:33PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.20/39	F-032

EXHIBIT I
GENERAL LOCATION OF THE PROJECT

ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT

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APR-28-08 04:SSPM	FROM-AKERMAN SENTERFITT & EIDSON	+8058745095	T-084	P.21/19	F-012

EXHIBIT :Z

LEGAL DJSCRIPTlON
ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT

A ponion of Section 7, Township 53 South, Range 40 East, Miami-Dade County,
Florida; being moie paniculi1rly described as follows:
All ofT:acts 35 through 40 and Tracts 43 through 47; less the east 35 feet of said Tracts 36 through 39 and less lhe west 35 feet of said Tr111:t 43 of Florida Fruit Land Company's Subdivision 111:cording to the plat thereof as iecorde<l in Plat Book 2 tit Page 11 of the Public Records of Miami-Dade Coimty, Florida (a.k.a. Island!\ at Ool'IU (SW) Community Development Dlsuicf.

•

...

Pclilion - Exhibll 2

APR-23·03 04:34PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.22/39	F·03Z

...

EXHl131T3

CONSENT AND JOlNDER
TO CREATION OF A COMMUNITY DEVELOPMENT DISTRICT

TIIE UNDE!lSIGNED is the owner of certai11 lands located in Miami-Dade Coumy, Florida, and more fully described as follows:

See Exhibit "A" anached hereto and illcorporated herein.
The above-described land is hereinafter referted to as me "Proptny."
The widersigned understands and acknowle<lges that Century Homebuilders, LLC ("Petitio11ei") intend to submit an 11pplication to create a Community Development District in accordance wilh the provisions of Chapter 190 oftbe Florida Statlles.

As an owner of lands which are intended to coiutimte" part of lhe Community Devclopmrnt District, the 1111dersigned understands and acknowledges !hat pursuant to the provisions of Seclion I90.005(l)(a)(2), Florida Statutes, the Petitioner is required to include !he written consent to the establishment of the Community Developm,mt District of one hundred percent (l 00 of the Owners of !he lands to be included wilhin the Community Development District.

The UDdersigned hereby consents to the creation of a Community l)evelopment District which will inclllde !he Propeny within !he lands to be part of Jhe Community Developrm:nt DiSlrict and agrees to funhct cx 1ne any documentation necessary or convenient to evidence this COJ15ent and joindet 4wi11g the application process for the creation oflhe Communiiy Development Disaict.

The lltldcrsigned hefl'hy aclcnowle<lges and agrees Jhat the foregoing consent and obligation to execute llllditional documentation is a:nd shall be a covenant running with the land which sh11ll bind the widersigned's heirs, peisonal representatives, administrators. successors-in•tide and assigns and shall remain in full force and effect wee (3) years from lhe <late hereof.
E1<ecuted this Sd:,, <lay of 		<.J-  I  ,..._	, 2002.
..	

Printed Nam.:: CESAREO E. LLANO
Title; 	V:ci,,,_ce""'-'Pre=si,.de,,,n,,_1 	_

APR-23-03 04:34PM	FRO AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.23/39	F-032

EXHIBIT4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TlME TABLE ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT

IMPROVEMENT	START DATE	COMPLETE DAiii:	
CLEARING	January 2003	March 2003	
DEMUCK.INO	February 2003	May2003	
IMPORTFILL	March2003	February 2004	
!.AKE EXCAVATION	March2003	Febl"\lary 2004	
SURFACE WATER MGMT	June2003	Oecembet 2003	
WATER SUPPLY SYSTEM	May2003	November 2003	
WASTEWATER SYSTEM	April2003	February 2004	
ROADS	July2003	March 2004	

APR-23·03 04:35PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.24/39	F-032

EXHIBJT4B
CONSTRUCTION COSTS ESTIMATES
ISLANDS AT DORAL {SW) COMMUNITY DEVELOPMENT DISTRICT

IPAVING. GRADING ANO DRAINAGE	_J

!WATER  DISTRIBUTION SYSTl=M	

!SEWAGE COLLECTION SYSTEM	

!SIGNING AND PAVEMENT MARKING	

!ESTIMATED PROJECT COSTS	

!SOFT COSTS(ENGINEERING.ETC.)@ 6%
!CONTINGENCY@  10%		                               jTOTAL e:STIMATED PROJl:CT COSTS	

$4,622,963!
$1.22s,13sI
$2,064,178!
$so1000I

$7,965,2761

 	$477,917!

796.528]

$9,239.7211

...
..

APR·Z3·03 04:35PM	FROM-AKERMAN SENTERFITT & EIDSON	+3063746095	T-034	P.Z5/39	F-032

EXHIBITS SJTEPLAN

---

ISLANDS AT DOR.Al. (SW) COMMllNITY DEVELOPM£NT DlSTRlCT

- - --

-.. ----

·i	i

,,

<	.,
..	I
,,r.	,--- - .

, - . ,;

..

APR-23·03 04:36PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.26/39	F-032

EXHIBIT6

ISLANDS AT DORAL(SW)
Community Development District

Statement of Estimated Regulatory Costs

December 9, 2002

Prepare4 by
...Special District Servicn, Inc.
l l000 Prosperity Farms Road, Suite I 04 Palm Beach Gar4,,ns, Florida 33410

S61-630-4922 - Tele
877-737-4922 -Toll Free
56J -630-4923 - Fax

,_ ·-·

APR-23·03 04:38PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.27/39	F-032

INTRODUCTION
rurpose and Scope

This sta1ement of estimated reguhitory coslS suppons the Century Homebuilders, LLC (Petitioner") petition to establish a community development districr to be known as Islands at Dor.ii (SW) Community Development District (IJ\e ··CDD''). The CDD will own, opeiate and maintain a portion of the community infrastructure for the first phase of a d evelopmenl Io belenown as Islands at DQral, Iocated i n t he u nincQrporaied area of Miami-Dade County, Florida.

A community development district is an independent special taxing district authorized by Chap 190, f.S. (the ""Act") to plan, finance, cons1n1ct, operate and maintain community infrastrt1crure in planned community developments. As stated in the Act, a CDD provides:

.....a solution to the state's planning, managemcmt, and financing needs for delivery of CllJ>ital infraslfUCture in order to service projected growth without overburdening other govenunenlS and their UIXpayers". Section
190.002 0) (a), F.S.

Islands at Doral (SW) COD is not a substitute for Miami-Dade County, which is tile local general-purpose governmental unit havini jurisdiction over the COD. The reason is the CDD does not have 1he planning. zoning and regulatory powers granted to
Miami-Dade County. As a result, all development undertaken within me CDP must be
consistent with all requirements of Miami-Dade County.

A COD's powers are slrictly limited to plauning. financing, constructing, operating and maintaining community infrasmlcnire.

The scope of this statement of estimaie4 regulatory costs is statutorily limited to evahiating tl1e consequences of creating tile Islands at Doral (SW) CDP. The policy of lhc State regarding the scope of the CPD establishment process is explicitly set out in Section 190.002 (2}(d), F.S. follows:

"That the process of cslablisbing such a clismct pursuant to unifonn general law be fair and b11Sed only on factors material to managing and financing the service-dc:livery tunction of the district. so that ,my mauer
concmiing permining or planning of the developmcm snall not be mai:erial or relevant."""
Therefor , me only relevant concern is wlletllcr Islands at Doral (SW) C DO will be a financially visible entity.

 	

APR-23·03 04:SSPM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.28/39	F-032

lslaods lit P1>r:il (SW) Development

The proposed Islands at Doral devcloprnent is located in the unincorporated area of Miami,Dade Coumy, Florida, The sole landowner and developer is Century Homebllilders, LLC (the "Developer"}. The proposed development is designed as a mas1e. planned residential development, serving soulh Florida markets. The first phase of the Islands at Doral (which encompasses the CDO), offers .!Ql...single family dwelling units and 563 town home units designed to service a wide variety of buyers.

Islands at Doral development is located in the unincorporated area of Miami-Dade County, Florida, at NW s2•• Street and NW 114'" Avenue:. and is planned as a self­ sustaining mixed residential community. Projected build-out of the first phase of the project is 3 to 5 years.

l.3	hlands at Doral (SW) Community Development District {CDD)

The Petitioner proposes to establish !he Islands at Doral (SW) Community Development District to acquire, construe!, operate and/or maintain some of the infraswcture and community facilities in the Islands at Doral developmem. Table I outlines the proposed development plan timetable and the schedule for completion of tbe various proj111:ts.

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

Toe financial design of Islands at Doral {SW) COD was carefully fom1ulated to. help assure tbat !he COD will be strong, stable, and able to stand alone thro\lghout its lifetime. A detailed cash-flow analysis has been developed for the proposed rai;ge of potential future economic conditions in which the proposed district might have to operate. In all cases, the proposed financial structure allowed the CDP to remain financially strong arid capable of Cll!TYing out its obliglllions. The imponant features of the financial design for proposed CDD are discussed below.
As outlined in Table 2, Islands at Doral (SW) COD is projected to finance the construction of the s11rface wafer management system. The bonds used 10 finance the
. surface water management system will be retired through the use of non,ad valorem assessments levied on all property owners in the '1istrict.
The CDD will own, perate and maintain the surface water management system in the CPD. To defray the costs of operating and maintaining the infrastructure, the CDD will make use of non-ad valorem maintenance assessments levi d on all assessable property in the district.
The CDD is projecte<I to finance the construction of the water distribution system
and the wastewater c□llection and transmission facilities.  The bonds used to finance such

;;;.7	2	'"",ca'"""""·

APR·21·03 04:39PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053T45095	T-034	P.29/39	F-032

infrastructure will be retired through the use of non-ad valorem assessments levied on all property owners in the district.

The water distribution system and the wastewater collection and transmission facilities will be conveyed to Miami-Dade County Water and Sewer Depanment (WASD). Thus, lbe operation and maintenance of these facilities will be the responsibility ofWASD.

The CDD is projected to finance the construction of a p,mion of the inti:mal roadway system. The bonds used to finance liUch infrastructure will be retired through the use of non-ad valorem assessments levied on all property owners in the district.

The COD will own, operate:: and maintain a portion of the internal roadway system in the CDD. To defiay the costs of operating mid maintaining the infrasttuctw-e, the COD will make use of non-ad valorem maintenance assessments levied on all assessable propeny in the disttici.
Finally, the Petitioner has no plans for the CDP to issue general obligation debt or 10 levy ad valorem taices. The financial structure of lhe District is such that there is no need to use ad valorein taxation.

l.O	COSTS AND BENEFITS OF ESTABLISffING TaE ISLANDS AT DORAL
(SW) COMMUNITY DEV]:LOPMENT DISTRICT
Costs t11 Mlamt-J)ade County to Implement the Proposed Communicy
Development District

Chapter 190.005 (2), F.S. mandates that the exclU$ive 1111d uniform method for the es1ablishmem of a community development district of less than l 000 acres 1n size shall be by an ordinance adopted by the coun1y commission of the county having jurisdiction
over the majorily of land in the area in which me district is to be located.
The one-time cos1 of reviewing the CPD petition is minimal. The County has its own in-house staff to process petitions filed for other reasons. Therefore, the ma.ginal addition of one mere petition to review results in little, if any, additional cost. Review of the  proposed  development  will  not be necessary  since  the project was previously
---approved through the Public Hearing process.	Considerable fees were  paid by  the
Petitioner forthat review.
Beyond the minimal inlstr<1tive costs outlined abcve, there will be only inconsequential costs 10 Miami-Dade County and the general citizenry because: of tile es1<1blishment of 1he Islands at Doral (SW) CDD. The CDD is designed 10 serve the needs of tts property owners by financing, const111cting, operating and m'.11ntaining t?e infrastrUcture and othcr services needed by district resid nts. The CDD will not require subsidies from Miami-Dade County.

3			 """"·--s-•

APR·2S·OS 04:40PM	FROM-AKERMAN SENTERFITT & EIDSON	+8058745095	T-084	P.80/89	F·OSZ

Beyond the minimal administrath,e costs outlined above, !here will be only inconsequential costs to Miami-Dade CO\lnty and the general citizenry bee of the establishment of the Islands at Dor.ii (SW) COD. The CDD is designed to serve the needs of its property owneB by financing, constructing. operating and maimaining the infrasmicture and other services m:eded by district residents. The COD will not require subsidies from Miami-Dade County.

Finally, the CDP will pay its own election costs and will pay substantial fees for other urban services, such iaxassessment and collection. Thus, the net costs 10 Miami• Dade County and its citizens due to establishment of !he Islands at Doral (SW) CDD are negligible.

Concern that district obligations, particularly debt payments, could become state or county obligations is wilhcut foundation. This point was made explicitly clear by the Legislature when it adopted Section 190.002 (3) f. S.

"...It is further the purpose and intent of the Legislllture that no debt or obligations of a district constim1e a burden on any local general PI.IIJlOse government without it:. consent." Section 190.002 (3) F. S.

Benefits to Mliimi-Dade County and Its Cidzeus

There are several types of benefits {both indirect and direct), which will tlow to Muimi-Dade County and its citizens if the CDD is established. First, with re&U"d to the indiu:ct benefits, approval of the CDP s11tis!ies the intent of the A.ct by providing a solution to the planning. management an4 financing of capital infrasirucrure to serv.il:c projected growth witbo1n overbim!ening Miami-Dade County and its taxpayers. Section
190.002 of the Act is quoted as follows:

"(l) The Legislature finds that: (a) there is a need for uniform, focused and fair procedures ill state law 10 provide a reasonable alternative for the establishment, power, operation and duration of independent districts to manage and finance b:asic community development services; and that, bqsed upon a proper and f!lir detennination of applicable facts, an efficient, effect_ive, n:sponsive, and economic way to 4eliver these bask services, thereby providing a solution to the state's planning, management, and financing needs for delivery of capital ininsiructure in order to service projected growth without overburdening olher governments and tlleir iaxpayers.'' S n 190.002, F. S.

A second indirect benefit. which Miami•Pade County and it& citizens receive, is the improved level of planning and coordination, which the CPO will provide. Thi, benefit will minimize any potential negative impacts to other citizens and jurisdictions.

"'It is m tile public interest that long range planning, management. a d financing and long-lerm maintenance, upkeep, and operation of basic

4

APR·23·03 04:41PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.31/39	F-032

services for community development districts be under one coordinated entity." Section 190.002-{l) (c), F. S.

Bye nacting the A ct. the Legislature recognized that subsianrial public benefits accrue from well-plannea commllllity developments in Florida. I stands at Doral (SW) COD is jusi the cype of planned development envisioned in Chapter I90, F. S.

It is most difficult IO pl.ice a dollar value on lhese indirect benefits; however, they are certainly substantial. Furthennore, given the minimal costs incurred by Miami-Dade County if the CDD is approved, the benefits clearly overwhelm any such costs, yielding significant net benefits to Miami-Dade County and its citizens.

Islands at Doi-al (SW) COO will provide a numbt,i- of direct economic b.mefits to Miami-Dade Coumy and its citizens. First, the COD is tile best means of assuring that COD r0idents receive lhe services they need, while at the same time restricting the cost to only those who receive The services. This financial snuccure binds those who receive the COD services to the obligation to pay for those services. At the same rime, this
structure also allows future CDD residents to conuol me entity, which provides the
services IUld levies the assessments to pay for those services. Miami-Dade Counly and its citizens are not involved in lilly way in the financial obligations, operation or m<lintenance of the diatrict.
A second economic benefit which accrues to Miami-Dade County and its citizens is that establishment of the COD frees the County of responsibili1ies and costs of the management and administrative burden o fthe COO. T bus, it will be possible forthe Cou11ty Commission to continue to focus on those areas of the county 1hat require more immediate attention.	•

Conversely, residents of the CDD will be able to address 1hci, concerns· about infras1Jucture to the Board of SupervisorS of the CDD. This focus will lighten the burden on the County Commission compared with wllat would likely occur without !he CPD.

The COD is an independeat governmental unit, it has its own independent board and budge!, and it must see to its own administration. Thh arrangement for goveming and administering the district means a CO!lliiderable cost saving to The County over other types of anangements. Any other fonn of government or fmancial structure would result
._in !he Count)' being at least partially responsible for the community's services.

Third, approval of the proposed CDD would minimize some increases in the cost of County tilnded setvices. All new development occurs in any community, resil!ents of the new area demand increased levels of services over and above those provided before de'lelopmtlnt. The costs of providinjl; these services are spread to the remaining taXpayers in the jurisdic1ion of the local gc,vemmtnt(s) providing die services. If mis were 10 happen, taxing and spending levels wo1dd increase, and costs would be passed on, at least in pllfl, to surrounding residents. The resul1 would further si:rain the County budget.

s

APR-23·03 04:43PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.32/39	F-032

Wilhout the CDP, development of Islands at Doral (SW) could possibly increase 1he demands on Miami-Dade County to extend and improve services to the community.

Fourth, !he CDD proposes to construct the water distribution system and the wastewater collection and tranSmission facilities and to c!eecl same to Miami-Dade County WASD at no cost. The estimated cost to !he CDO 10 construct these facilities is expected to exceed $3,282.000. In addition to this donation, Miami-Dade Coumy WASD's customer base will increase by approximately §§:1 households.

The proposed CDD will serve the needs of its residents. The board of supervisors of the CDP will determine the level and quality of the community services the residents want and are willing to pay for. The CDD will provide the residents of Islands at Doral (SW) COO with a mechanism for satisfying these needs without recoUTSe to the County Commission.

All oftbese benefits have substantial value. The financial benefits to the County and its citizens include the avoided costs of administering public services for 1he community. {n addition, there are significant, if only intangible, benefits which result from having a disnict to ensure that CDD reside11ts get the services !hey need. The CDD also ensures that its property owners, and only its propeny owners, pay for the services they receive.

Cc>sts 10 the Petitioner

The petitioner will incur substantial costs if the CDD is approved. These costs  can be grouped into four categories: (1) planning and applying for the COD; (2) comnourions for management and technical assistance; (3) payment of CDD troces; and
(4) donation ofcilpital facilities.

It is costly and time conswning to plau and apply for a COD of the size and complexity proposed for Islands at Doral (SW) CDD. First, the Petitioner has secured a team of professionals including attorneys, engineers, investment bankers, planners, economists and special district experts to insure that the CDD will perform  as provided by the Act.

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

Third, the Petitioner will pay substantial CDD assessments and fees over the life of the project. During the f'irst several yem of the proJect, the Petitioner will be the CDD's largest taxpayer.

F urth, the Petitioner assumes considerable risk in establishing the CDD and allowing the advance funding of the infrastructure. As the sole landowner in the initial stages of development, the Petitioner assumes the sole liability for :ill the debt  incurred by the CDD until the land is developed and sold to individual homt:own.:rs.

•••• • --- ,,.<AQl"""	·;).. I

APR-23·03 04:44PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.33/39	F-032

Benefits to the Petitioner

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

The value to the Petitioner of financing a portion of the infrastructure though the CDD amounts to an annual financing cost difference in today's market which results in a cost saving. As a result, !he potential gross savings will accrue to the future homeowners in the COD and does not represent a net cost saving to the Petitioner. As noted above, with the establishment oft he CDD, the Petitioner will be obligated to pay substantial assessments and fees to lhe CDD.

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

:Z.5	Costs to die Consumers

Consumers me people who will purchase land and residences in lhe Islands· at Doral (SW) CDD. Should the COD be established, district homeowners  will be  required to pay COD assessments over and above their County taxes. COD assessments -do not affect or offset County taxes. It is this increment of expenses, which  is the cost of  the COO to the consumers.

As noted above, the COD plans to finance, constr11ct, operate and maintain a variel}' of infrastructure and communiiy services for the benefit of its homeowners. Currently, homeowners in unincorporated Miami-Dade County are subject to a number of different ad valorem and non-ad valorem taxes. All of these taxes will continue to exist
'-- regardless of whether tlu: COD is approved.  Homeowners of the CDD will continue to
pay County taxes notwithstanding the existence of the CDD. Thus, these costs cannot properly be viewed as taxes that arise from the COD itself, even though district homeowners would pay sue!\ taxes. The point is that homeowners will pay these costs in any event. If the CDD is not created, the cost of the infrastructure will be included in the price of. the property sold to future homeowners r,llher than paid over time as a special assessment on the tax: bill.

All prospective purchasers will be informed of the existence of the CDD. Cbapter
i90.048, F. S. requires each contract for the sale of real estate within a CDP includ,e

- - -- ------ ......... ---· - , ,....,i.....	7

APR-23-03 04:45PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.34/39	F-032

specific disclosure statement in boldfaced and conspicuous type immediately prior to the space rescrve4 in the contract for the signature of the purchases.

2.6	Beuefits to the Consumers

COD residents will receive three major classes of benefits. First, COD residents will receive a higher level of public services and amenities than would otherwise be the case. Islands at Doral is designed as a mixe4 residential project with high service demands. To be successful, the Petitioner feels that a mechanism is needed to help ensure a high level of public services consistent witn the project goals. The CDD is the best vehicle for this pU!Jlose.

Second, the CDD is a mechanism fol' assuring that the community services and amenitil'S maintained at a high level throughout the life of the project. This mechanism protectS the substantial in"estment purchasel'S will m'llce in their homes in the Islands at Pora! CPD.
Finally, the CDD is the sole form of governance that allows district property owners to totally control the type, quality and expense of services provided by the COD.

It is clca:r that the formation and operation of the Islands at Doral (SW) COD will benefit its hoDleowneni. ihe CDD will be contr01led by COD property owners, and will be operate4 fur their benefit. Finally, lbe CDD will help ensure that the high staudards the Petitioner has set for the development will be maintained for the benefit of COD propeny owners.

3.0	COMPETlTIVi'. EFFJi'.CTS

Approval of the Islands at Doral (SW) CDP will have an effect on competition in the market for ho1-1Sing in Miami-Dade County and in those areas where there are projects similar to the Islands at Doral. To undemand the narure of these competitive effects, it is imponant ID recognize the type of project envisioned at Islands at Doral (SW) CDP. The development in the CDD is designc:d as a mixed resiaemial community currently consisting of664 residential units- As such, it competes wilh other developments serving thi11 same market niche. In addition, the granting of a community development district for the first phase of the Islands at Doral does not pro'1i4e a competitive advantage, which
.._ otheni could not obtain.

4.0 IMPACT OF SMALL BUSINESS
...
Approval of the Islands at Doral {SW} CDP will have a positive impact on small
business as defined in Chapter 288.703 (1), F. S. Many types of neighborhood servicel! will be requifed by the residents of the COD. These services can be provided by the small businesses that currently serve the general area. Addiuonal oppommitics will also be created for nc:w businesses to b.: formed or relocate to the area. No negative impacts have been idenlified for small businesses as defined.

8

APR-23·03 04:46PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.35/39	F-032

S.O	DATAANDMETHODOLOGY

The data used in this analysis, in particular the build-out schedule and average home 'Values, were developed and submined with lhe inhial application for the Islands at Doral and updated for the petition for the CDP. Table 2 outlines  the  capital infrastructure proposed to be constructed by or for the CPD and reflects the best estimates of costs am! timing at this juncture.

6.0	PROBABIUTY OF A GOOD FAITH WRITTEN PROPOSAL CHAPTER
120.541 (l) (A), F. S.

Since the Petitioner represents the sole landowner of the property encompassing the proposed CDO, Petitioner is the only substantially affected pany who could have standing to 51.lbmit a good faith written proposal for a lower regulatory cost alternative to the creation oftlte CDD as provided for in Chapter 120.541 (I) (a), F. S. Petitioner has already explored all feasible altcmlltiv"es lo lower costs, including the alternative of not forming the CPD, illld has concluded that creation of lhe CDP is lhe bc:S'I alternative.

7.0	CONCLUSION

The question is whether having a CDP provide the communicy services is m()re financially viable, efficient and responsive to the needs of the homeowners than lltlY other form of service provider. After careful review and analysis, the process of elimination suggests that the CDD is, in fact, the most financially v iablc, e fficiem and responsive wa.y to provide !he community services required for this project.

The estimaicd budget for the CDD indic111es that the v"arious charges to prospective home buyers will be moderate, and well within the ranges cypical for Florida communities wilb wong tax bases. As noted in Table 2, the estimated cost to provic!e the CDD infrastrUctur is $9.239,721.

Finally, it is emphasized that the COD is the only governmental agency responsible  for  lhe  financial  obligations  of  the  district.    Florida  State  law (Section
190.002 (3), f. S.) protects the State of Florida, Miami-Dade County and all other governmental ageiw:ies • from  all  obligations  of  the  CDD,  whether  they  a:re financial,
.._ administrative: or operational.

..

9

APR-23-03 04:47PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.36/39	F-032

TABLE I
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT

IMPROVEMENT	START DATE	COMPLETE DATE	
CLEARING	Januazy 2003	March2003	
DEMUCKlNG	February 2003	May2003	
IMPORT FILL	March2003	February 2004	
LAKE EXCAVAT!ON	March2003	February 2004	
SURFACE WATER MGMT	June2003	December 2003	
WATER SUPPLY SYSTEM	May2003	November 2003	
WASTEWATER SYSTEM	April 2003	February 2004	
ROADS	July2003	March2004	

...

. -•--- -_... .. ,,.., • .,..,._.. u.sw ""''"" 114'111_

APR-23·03 04:48PM	FROM-AKERMAN SENTERFITT & EIDSON	+3053745095	T-034	P.37/39	F-032

TABLE 2 CONSTRUCTION COSTS ESTIMATES
ISLANDS AT DORAL {SW) COMMUNITY DEVELOPMENT DISTRlCT

IPAVING, GRADING AND DRAINAGE	

!WATER  DISTRIBUTION SYSTEM	

!SEWAGE COLLECTION SYSTEM	

!SIGNING AND PAVEMENT MARKING

jTOTAL ESTIMATED PROJECT COSTS	
!SOFT COSTS (ENGINEERING, ETC.) @ 6%
iCONTINGENCY @ 7%	

$4,622,963I
$1,228.1351

$2,054,178/

 	$60,000!

$7,965,276!

 	$477,917!
 	$1ss,52sl

!TOTAL ESTIMATED PROJECT COSTS		$9,239,721 I

.._

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APR-23·03 04:49PM	FROI.I-AKERMAN SENTERFITT & EIDSON	+3053745095
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T-034	P.38/39	F-032

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 	EXHIBIT •c•  )7,