Loading...
HomeMy WebLinkAboutO-2002-028 ORDINANCE NO. 2002-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: SECTION 1. AUTHORITY FOR THIS ORDINANCE. The City of Dania Beach, Florida (the "City") is authorized to adopt this ordinance under the authority granted by the provisions of Chapter 166, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby found and determined that: A. MKN Investors, LLC, a Florida limited liability company, the owner of 100% of that certain development within the City commonly known as Griffin Lakes (the . "Property") have petitioned the City to form a community development district for the Property within the meaning of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act") as a reasonable and appropriate method of providing the infrastructure to serve residents of the Property. The District would be known as the "Griffin Lakes Community Development District" (the "District") and the boundaries of the District would be coterminous with the boundaries of the Property. B. The City has conducted a public hearing on the Petition in accordance with the requirements of section 190.005(1)(d) and has considered the record of the public hearing and the factors set forth in section 190.005(1)(e) of the Act, among other factors, and hereby finds that: 1. All statements in the Petition have been found to be true and correct; 2. The creation of the District is not inconsistent with any applicable elements or portion of the State of Florida's comprehensive plan or of the effective City comprehensive plan; 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one 10 functional interrelated community; ORDINANCE 2002 -028 4. The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; and • 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will be served by the District is amenable to separate special- district government. C. The City now desires to grant the Petition and to establish the District, as more fully set forth herein. SECTION 3. ESTABLISHMENT OF DISTRICT; NAME. The City hereby grants the Petition and establishes the District as a community development district within the meaning of the Act and as an independent special district within the meaning of Chapter 189, Florida Statutes. The name of the District shall be the "Griffin Lakes Community Development District." SECTION 4. EXTERNAL BOUNDARIES. The external boundaries of the District shall be as set forth on Exhibit A hereto. • SECTION 5. INITIAL MEMBERS OF BOARD OF SUPERVISORS. The five persons to be the initial members of the Board of Supervisors of the District, each of whom is designated in the Petition, are as follows: a. James Carr 81 Palm Avenue Miami Beach, FL 33139 b. Susan Carr 81 Palm Avenue Miami Beach, FL 33139 c. Oscar Barbara 104 Paloma Drive Coral Gables, FL 33143 d. Lisa M. Eisenacher 13120 S.W. 66th Avenue Pinecrest, FL 33156 • e. Charles D. Robbins 5214 LaGorce Drive Miami Beach, FL 33139 2 ORDINANCE 2002 -028 SECTION 6. CONSENT TO EXERCISE OF SPECIAL POWERS. Pursuant to section 190.012(2) of the Act, the City hereby consents to the exercise by the District • of the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (1) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (2) fire prevention and control, including fire stations, water mains and plugs, fire trucks and other vehicles and equipment; (3) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies, except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; and (4) control and elimination of mosquitoes and other arthropods of public health importance. The foregoing powers are in addition, and supplemental, to the powers which the proposed District would be entitled to exercise pursuant to Sections 190.011 and 190.012 (1) and (3) of the Act. SECTION 7. That this ordinance shall take effect immediately at its time of final passage. • PASSED and ADOPTED on first reading on the 14t" day of May, 2002. PASSED and ADOPTED o d and final reading on the 28th day of May, 2002. R BERT H.CHUNN, JR. M YOR - COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES AJNLOV� COMMISSIONER MCELYEA - YES H RLENE J SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: BY: /-T 1 ''/Mk Is THOMAS J. ANSBRO CITY ATTORNEY 3 ORDINANCE 2002 -028 EXHIBIT A • EXTERNAL BOUNDARIES OF THE DISTRICT LEGAL DESCRIPTION A parcel of land being a portion of Tracts 3, 4, 5 and 6, Block 1 in the Northeast One- Quarter (NE 1/4) of Section 32, Township 50 South, Range 42 East, according to the "Plat of Sections 28, 29, 31 and 32", as recorded in Plat Book 2, Page 32 of the public records of Miami-Dade County, Florida, Being more particularly described as follows: Commence at the Northeast corner of said Section 32: Thence South 88 Deg 25 Min 04 Sec West along the North line of said section 32, 1317.17 feet, Thence South 01 Deg 34 Min 56 Sec East, 55 feet to the POINT OF BEGINNING; Thence along the South right-of-way line of Griffin Road as shown on the Broward County right-of-way map for Griffin Road, County Bond Project 86015 (004110) sheet 5 of 9, the following four (4) courses; North 88 Deg 25 Min 04 Sec East, 650.55 feet; thence North 88 Deg 33 Min 14 Sec East, 201.99 feet; Thence South 85 Deg 18 Min 59 Sec East, 112.42 feet; Thence North 88 Deg 25 Min 04 Sec East, 23.82 feet; Thence departing said right-of-way South 01 Deg 44 Min 23 Sec East along the East line of the West 330 feet of said Tract 4, 602.73 feet; Thence North 88 Deg 23 Min 35 Sec East, along the South line of said Tract 4 290.15 feet; Thence South 01 Deg 49 Min 00 Sec East along a line 40.00 feet West and parallel with the East line of said • Section 32, 459.36 feet; Thence North 88 Deg 22 Min 07 Sec West, 15.00 feet; Thence South 01 Deg 49 Min 00 Sec East along a line 55.00 feet west of and of Tract 3; Thence South 88 Deg 22 Min 09 Sec West along said South line 1267.62 feet, said line also being the north line of Ravenswood Gardens according to the plat thereof, as recorded in Plat Book 89, Page 43, of the Public Records of Broward County, Florida; Thence North 01 Deg 35 Min 02 Sec West along the West line of said Tract 6, and said line also being Book 14, Page 14 of the Public records of Broward County, Florida, a distance of 1286.59 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Broward County Florida and containing 33.60 acres more or less. • INTEROFFICE MEMORANDUM CITY OF DANIA BEACH CITY CLERK DEPARTMENT TO: Laurence Leeds, Growth Management Director Cc: Ivan Pato, City Manager r, FROM: Charlene Johnson, City Clerk RE: Minutes of Board of Supervisors Organizational Meeting held June 25, 2002 DATE: September 13, 2002 1 am forwarding you a copy of the Minutes received for Griffin Lakes Community Development District. They will be attached to the Ordinance establishing the District, unless you advise differently? Can we expect more Minutes for this project to be forthcoming and do you think there is a need to prepare a file to retain such Minutes in the City Clerk Department? Please let me know. cj Griffin Lakes Community Development District • 210 N. University Drive Suite 800 Coral Springs, Florida 33071 Telephone 954-753-0380 Fax 954-796-0623 September 10, 2002 James Carr Westbrooke Companies 9350 Sunset Drive, Suite 100 Miami, Florida 33173 Roger J. Desjarlais Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 333901 Charlene Johnson City of Dania Beach Clerk's Office 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: Minutes of Board of Supervisors Organizational Meeting held on June 25, 2002 Enclosed for your records is a copy of the Minutes of the Organizational Meeting of the Board of Supervisors of the Griffin Lakes Community Development District as referenced above. These are to be kept on file as a matter of public record. If you have any questions, do not hesitate to call. Sincerely, Mary Clare LeBlanc District Recording Secretary enc. MINUTES OF MEETING GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT The organizational meeting of the Board of Supervisors of the Griffin Lakes Community Development District was held Tuesday, June 25, 2002 at 1:30 p.m. at the offices of Billing, Cochran, Heath, Lyles & Mauro, 888 Southeast Third Avenue, Suite 301, Fort Lauderdale, Florida. Present and constituting a quorum were: James Carr Chairman Charles D. Robbins Vice Chairman Susan Carr Assistant Secretary Lisa M. Eisenacher Assistant Secretary Also present were: James P. Ward Manager Dennis Lyles Attorney Dennis Giordano Calvin, Giordano & Associates, Inc. Shahin Hekmat Calvin, Giordano & Associates, Inc. Hal Eisenacher Developer Denise Ganz Bond Counsel Ed Bulleitt Prager, McCarthy & Sealy Kevin Mulshine Prager, McCarthy & Sealy FIRST ORDER OF BUSINESS Introduction A. Call to Order Mr. Ward called the meeting to order, and called the roll. B. Oath of Office Mr. Ward being a Notary Public of the State of Florida, administered the oath of office to the Supervisors, copy of signed oaths are attached hereto and made a part of the public record. C. Overview of District Responsibilities and Purposes Mr. Ward stated you are required to complete and return to the Supervisor of Elections in the County in which you reside within 30 days of your being seated on this Board, the financial disclosure form. If you have any questions please contact me. If you serve on another Board you may utilize the information from that existing Form 1 and fill out that this is an additional District you are now serving on. June 25, 2002 Griffin Lakes C.D.D. SECOND ORDER OF BUSINESS Election Of Officers • A. Chairman-Resolution 2002-1 Mr. Robbins'' nominated Mr. Carr as Chairman, there being no further nominations, with all in favor Mr. Carr was elected Chairman, as evidenced by Resolution 2002- 1. B. Vice Chairman-Resolution 2002-2 Mr. Carr nominated Mr. Robbins as Vice Chairman, there being no further nominations, with all in favor Mr. Robbins was elected Vice Chairman as evidenced by Resolution 2002-2. C. Secretary-Resolution 2002-3 This item was deferred, and the next item followed. D. Treasurer-Resolution 20024 This item was deferred and the next item followed. i E. Assistant Secretary(s) -Resolution 2002-5 Mr. Carr nominated Mrs. Carr and Mrs. Eisenacher as Assistant Secretaries, there being . no . further nominations, with all in favor Mrs. Carr .and Mrs. Eisenacher were .elected Assistant Secretaries as evidenced by Resolution 2002-5. TIED ORDER OF BUSINESS Retention of District Staff A. Consideration of Contract for District Management Services - Resolution 2002-6 This item was deferred and the next item followed. B. Consideration of Appointment of District Counsel-Resolution 2002-7 Mr. Ward stated enclosed in your agenda ,package is a proposal from Billing, Cochran, Heath, Lyles & Mauro to serve as your District Counsel, codified by Resolution 2002-7. This outlines the billing rates and the legal work for Griffin Lakes. 2 June 25, 2002 Griffin Lakes C.D.D. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor Resolution 2002-7 appointing Billing, Cochran, Heath, Lyles and Mauro as District Counsel was adopted. C. Selection of Registered Agent and Office-Resolution 2002-8 Mr. Ward stated this item is the selection of the registered agent and office for service of process. I have enclosed this resolution in your agenda package, designating Dennis Lyles as the registered agent for the District for service of process and his office, Billing, Cochran, Heath, Lyles & Mauro as the registered office. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor Resolution 2002-8 designating Mr. Dennis Lyles as the registered agent and the offices of Billing, Cochran, Heath, Lyles & Mauro, 888 S.E. 3rd Avenue, Suite 301, Fort Lauderdale, Florida 33316 as the registered office for service of process was adopted. D. Request Authorization to Issue RFP for Engineering Services Mr. Ward stated Chapter 287, F.S. is the Consultant's Competitive Negotiations Act and the process you must utilize to retain certain professional consultants, such as civil engineers, landscape architects, surveyors and several others identified in the statute. The purpose of this authorization is to allow staff to advertise for civil engineers for purposes of assisting the Griffin Lakes Community Development District Board in your future services. At your next meeting we will bring to you, the proposals we receive from engineers who submitted responses. That statute requires you to rank them one, two and three and then you will authorize staff to negotiate a-contract with those engineers. The proposals you receive are non-price based qualification proposals. We will then bring to you, an agreement that codifies the business terms and conditions. Mr. Robbins asked can we defer this to a future date when we recess this meeting? Mr. Ward responded this allows you to receive those proposals. At the next meeting you will receive those proposals and rank them at that time. This is merely authorizing receipt of those proposals. 3 June 25, 2002 Griffin Lakes C.D.D. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor staff was authorized to issue an RFP for engineering services. FOURTH ORDER OF BUSINESS Designation of Meeting and Hearing Dates A. Designation of Regular Monthly'Meeting Date,Time and Location Mr. Ward stated if you wish to deal with the regular monthly meeting dates, times and locations, this is the appropriate time to do so. I suggest you defer this until your next meeting unless you have a normal" monthly meeting date you wish to establish at this time. There not being any, this item was deferred until the next regular meeting. B. Designation of Initial Landowners Election Date,Time and Location Mr. Ward stated again, under Chapter 190, F.S. you are required to have a landowners election within 90 days of the establishment date of the District. We will propose to you that the landowners election be August 5, 2002 at 2:00 p.m. at the offices of Billing, Cochran, Heath, Lyles & Mauro 888 S.E. 3rd Avenue, Suite 301, Fort Lauderdale, Florida.33316. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor the landowners election was scheduled for August 5, 2002 at 2:00 p.m. at Billing, Cochran, Heath, Lyles & Mauro, 888 S.E. 3rd Avenue, Suite .301, Fort Lauderdale, Florida 33316. C. Consideration of Budget for the Balance of Fiscal Year 2002 and for Fiscal Year 2003, Funding Agreement,Funding:Request No. 1 and Designation of Public Hearing on Budget-Resolution 2002-9. This item was deferred and the next item followed. D. Designation of Date of Public Hearing Expressing the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad-Valorem Assessments. Mr. Ward stated Chapter 197 is the statute we are operating under, specifically, Section 3632.2. This allows governmental agencies to utilize the services of the property appraiser and tax collector for the purposes of placing your non-ad valorem assessments for debt service or operations and maintenance on the local tax bills of the County in which the District is located. 4 June 25, 2002 Griffin Lakes C.D.D. You must advertise a public hearing four weeks in advance of the date of the public hearing. It sets in process a procedure where you will adopt the resolution at that public hearing and subsequent to that date, notify the Department of Revenue and the local constitutional offices of the property appraiser and tax collector. We will then begin the process of negotiating an agreement with those two agencies and bring that back to you at a future meeting. This is to authorize the public hearing. We recommend August 27, 2002 at 2:00 at the offices of Billing Cochran, Heath, Lyles and Mauro for the public hearing on the Chapter 197 proceeding. On MOTION by Mr. Robbins seconded by Mr. Carr with all in favor the public hearing on the Chapter 197 proceeding was set for August 27, 2002 at 2:00 p.m. at the offices of Billing Cochran, Heath, Lyles and Mauro, 888 Southeast Third Avenue, Suite 301, Fort Lauderdale, Florida. FUTH ORDER,OF BUSINESS Other Organization Matters A. Selection of District Depository This item was deferred and the next item followed. B. Consideration of Resolution 2002-10 Relating to Defense of Board Members Mr. Ward stated this resolution sets forth the policy of the District with respect to the defense of the Board and its professional staff. Under Florida Statute you have sovereign immunity. We also obtain directors and officers liability insurance and general liability insurance to cover you. The resolution merely indicates that if any member of the Board is sued individually in their capacity as a member of the Board the District will undertake your defense in that capacity. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor Resolution 2002-10 relating to the defense of Board members was adopted. C. Authorization to Publish of Notice of Establishment Mr. Ward stated Chapter 190 was modified to require the District to publish a notice of establishment. This indicates as a matter of public record, there is a Community Development District overlying the property in which the District is ® located and its purpose is to ensure when title companies do research for 5 June 25, 2002 Griffin Lakes C.D.D. purposes of disclosure to end users that they will pick that up. Mr. Lyles has prepared the notice of establishment of the Griffin Lakes Community Development District which has attached to it, your legal description which was included in the ordinance establishing the District. No action is required of the Board, but we place this on the agenda to advise you that this will be filed as a matter of law and record in Broward County. D. Consideration of Resolution 2002-11 Adopting Investment Guidelines Mr. Ward stated Chapter 218.415, F.S. requires local governments to adopt guidelines for purposes of investing your general operating funds. This does not effect bond funds with respect to bond issues you will do in the future: Those guidelines will be established in the trust indentures that you will consider later today. In Chapter 218.415, F. S. there is an alternative investment guidelines section. Section 17 of that statute recognizes four different investment procedures you can utilize under the statute. You must adopt those alternative investment guideline procedures as your investment guidelines. The District will not have any operating cash for some period of time. These include direct obligations of the U.S. Treasury, Certificates of Deposit and local government surplus trust funds. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor Resolution 2062-11 adopting investment guidelines was adopted. E. Appointment of Bond Team 1. Bond Counsel-Denise Ganz Mr. Ward stated enclosed in your agenda package is a letter from Ruden, McClosky, Smith, Schuster & Russell, P.A. outlining their desire to represent the Griffin Lakes Community Development District as your Bond Counsel. They have , enclosed an appropriate fee schedule for doing so. They are a well known bond counsel firm located here in Fort Lauderdale. I have had the opportunity to work with Ms. Ganz on many occasions and her experience is unparalleled in this endeavor and she is recommended by your staff. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor the agreement with Ruden, McClosky, Smith, Schuster & Russell, P.A. for representation as Bond Counsel was adopted. 6 June 25, 2002 Griffin Lakes C.D.D. 2. Investment Banker-Ed Bulleit Mr. Ward stated I have enclosed in your agenda package a proposal from Prager, McCarthy & Sealy, LLC to serve as your underwriter for the Griffin Lakes C.D.D. along with their scope of services and fee schedule for the proposed transactions. I have had the opportunity to work with Mr. Bulleit and Mr. Mulshine on many occasions with respect to investment banking services. They do over 90% of the investment banking with respect to Community Development Districts in the State. That Investment Banking Agreement is recommended for your consideration. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor the agreement with Prager, McCarthy & Sealy, LLC for investment banking services was adopted. 3. Financial Advisor This item was deferred and the next item followed. 4. Retention of Trustee This item was deferred and the next item followed • S=ORDER OF BUSINESS Financing Matters Mr. Ward stated of the financing matters the first is the engineer's report. The next series of items are the items you will need to begin the process of levying non-ad valorem special assessments on your property for the purposes of issuing bonds. A. Consideration of Engineers Report Mr. Ward stated to begin the process of levying the non-ad valorem assessments on your property for the purposes of issuing bonds, the two major reports in your agenda package are the engineering report, prepared by Calvin, Giordano & Associates, Inc. and the assessment methodology that my firm prepared for you. The next series of resolutions will set the procedure up to allow you to levy the special assessments. Mr. Eisenacher asked is the adoption of these reports necessary today? Mr. Ward responded yes, you are approving the resolutions to declare the special assessments and set the public hearing. They can be updated or modified between now and the public hearing date if the Board deems it appropriate. • 7 June 25, 2002 Griffin Lakes C.D.D. Ms. Ganz stated you must start with adopting them and then you can • change them. Mr. Carr stated when the financing is locked in place, we may change it back to a lower number for assessments. Mr. Lyles stated you are adopting it in the form submitted, but as the program of the infrastructure improvements continues there may be modifications. This typically happens after the adoption of the initial report. You are approving this engineering report that has been submitted to you today, with the knowledge it can be modified at.a later time and prior to the bond closing. Mr. Carr asked does the same apply to the assessment methodology? Mr. Lyles responded yes. Ms. Ganz stated the intent was to do a report that was as general as possible at this early stage, of the financing planning. That gave us some' parameters to determine, based on the construction costs, added together with the additional financing costs reflected in the assessment methodology, what would be an appropriate principal amount of bonds to validate. The report indicates that some of the costs in the engineer's report, such as impact fees, may not be financed unless an appropriate agreement can be entered into but we label those costs to be eligible for financing under State and Federal Law. It is at the Board's discretion whether this is the report they would like us to take to the court to validate or to further refine it. If we adopt it.now, it is sufficient for validation purposes. Mr. Robbins asked should we select Calvin & Giordano as the interim District Engineer before we accept this report? Mr. Ward responded there is no requirement under the Statute that you do that. You can go through the CCNA process. We can go through the report and later in the agenda, retain them as interim District Engineer for the purposes of this report. Mr. Eisenacher stated one of the most critical things today is the presentation of the report since this is the first meeting of this Board. Mr. Hekmat stated we have been working on the Griffin Lakes Community Development District Project for the past three months., The site is located in Dania Beach at the intersection of the west corner of Griffin Road and Ravenswood Road and is approximately 33.62 acres. It will:be developed as town house communities. A total of 427 town houses have been designed for the site. The purpose of this report is to provide a description of the infrastructure to be 8 June 25, 2002 Griffin Lakes C.D.D. financed by the Griffin Lakes C.D.D. This site is designated as a residential and • multi-family zoned property. We have broken down the basic infrastructure benefits into three different types. The direct is site specific public benefits involving the construction of infrastructure for the purpose of serving District residents. Project-wide public benefits are provided by improvements that serve all the residents in the District equally. Finally, the incidental public benefits include benefits received by the general public who do not necessarily reside within the District. These are the connections for potable water and sanitary sewer for adjacent properties. The proposed improvements within the District are the water distribution system, the sanitary sewer system, the stormwater management system, the public roadway and sidewalks and miscellaneous items such as civil engineering, surveying, inspections, fees, insurance, etc. Finally, there are impact fees or capital applications payable to the governmental entities. The water distribution system will be owned by the Office of Environmental Services (6ES). This system is designed to provide water to all the residents as well as public facilities. The sanitary sewer system will be owned by OES of Broward County. We have a total of approximately 5,500 linear feet of connection system as well as a sanitary sewer lift station that will serve this property as well as adjacent property required by the OES. The" stormwater management, by our calculations, will require approximately 4.4 acres of lakes to meet the requirements of the South Florida Water Management District and the Department of Planning and Environmental Protection of Broward County. For public roadways and sidewalks we have considered the entrance of Ravenswood into the property west of the guardhouse as public road right-of-way. That will be dedicated to the C.D.D. and is also considered part of the C.D.D. Mrs. Eisenacher will that be dedicated to the County? Mr. Hekmat responded yes, it will be dedicated to the County. Under miscellaneous items we have gone through engineering, permitting and all fees are included. Finally, as part of capital obligation and regular cost impact we have considered park and land dedication, police and fire rescue, water and waste water credits that are given to the County, transit, recreation and educational • fees, which come to a total of$2.2 million. 9 June 25, 2002 Griffin Lakes C.D.D. Mr. Carr asked have you considered the credits received from the existing • improvements on the property? Mr. Hekmat responded we have included all the credits. Mr. Robbins asked does that mean you have reduced the cost by those numbers? Mr. Hekmat responded yes. Mr. Carr asked what is the normal timing for these to be paid? Do we need to pay it up front in accordane with a prepaid connection agreement? Ms. Ganz stated we have to review all the fees and determine what the requirements are to the applicable government, when they will be paid and determine how that fits into the mix, whether they can be financed and what would be appropriate. Mr. Carr stated the County fees are required to be paid up front, unless the County agreed to lien agreements against the property? Mr. Giordano responded it is our intention to lien the property for all of the County impact fees. Ms. Ganz stated we must still determine whether we can do that and whether it makes sense from a financial standpoint. • Mr. Robbins stated I believe you can do that. Mr. Giordano stated we can lien the property. The County and Regional Park fees are due prior to the plat recording. The option is to pay it .cash, bond them or lien the property. Ms. Carr asked will it be the H.O.A. making the lien? Mr. Giordano responded it will most likely be the developer. The owner of the property will enter into a typical Broward County lien agreement and then pay it off at the time of the building permit. Mr. Robbins stated most of the financial impact will be in the B bonds. You pay them at the time of the building permit and then get repaid. You have to pay it off at C.O., so there is not really much financial 'benefit. Mr. Eisenacher stated it may be appropriate to reduce the water and wastewater from the amounts. Mr. Giordano stated I am not familiar with OES policy. I will verify when payment is due. Ms. Ganz stated the more you see now to take out, that is one less thing we have to analyze. 10 June 25, 2002 Griffin Lakes C.D.D. Mr. Giordano stated half the cities require the money at the time of • execution of the agreement. Mr. Carr asked when are the park fees due? Mr. Giordano responded that is due up front. I think it is tied to the first set of permits. Mr. Eisenacher asked do you have to bond the water and wastewater or can you do that with a lien also? Mr. Giordano responded the wastewater requires a performance bond. Mr. Eisenacher asked is there any financial benefit to paying it up front? Mr. Giordano responded no, there is no negotiation there. Mr. Eisenacher stated you may want to take the water and wastewater out. Mr. Giordano stated you pay the transit fees automatically. We will not include that. Mr. Eisenacher stated if you verify that, you will find that you should take out the entire $1.6 million to capital obligations to the County. Mr. Giordano stated we will verify that. Mr. Mulshine asked when you are talking about the Dania Beach fee, what • is the park and land dedication for 2.5 acres? Mr. Giordano responded we had an independent appraisal done. It is a land dedication or cash in lieu of, based on an appraisal. The appraisal was done as if it was park land, not developable land. Mr. Eisenacher stated that was a requirement of the developer to obtain the development order. Ms. Ganz stated also in terms of the police and fire, that is not a big number, but we are concerned about those numbers also. Mr. Eisenacher asked should that be in this report? I recommend that you take out everything except the park fee to the City. Mr. Giordano asked shall we leave the utilities in for the moment? Mr. Eisenacher responded no, this is subject to your verification within a couple of days. Ms. Ganz stated you need authorization to make the change. Mr. Eisenacher asked can you check the valuation of the land acquisition and confirm that amount? Mr. Ward responded I know it was a requirement of the development itself. Mr. Robbins asked should that be in this report? 11 June 25, 2002 Griffin Lakes C.D.D. Mr. Ward responded to confirm that amount, we may have to do an • interlocal agreement between the District and the City of Dania Beach. This will be codified as a part of that agreement. Mr. Giordano stated we are talking about 50% versus 100% with regard to the appraisal. Mr. Robbins stated that should be presented to the Board separately as it is a very important issue. On MOTION by Mr. Carr seconded by.Mr. Robbins with all in favor staff was authorized to modify the engineering report with regard to the reduction of the capital obligations determined to be payable along with the building permit. Mr. Eisenacher stated in the report there is a reference MKN Associates, Inc. under roman numberal II. That should be MKN Investors, Inc. Ms. Ganz asked is it the intent of the Board that until the issue relating to the acquisition of land and easements and evaluation are resolved, that we not present this as part of the validation complaint? Mr. Ward responded you should leave that in for now and resolve that issue • before the public hearing. Ms. Ganz stated if you do not want us to go to the court and include this as part of the public record, then we must wait until the revisions come back to you to do the validation. Mr. Lyles asked we will be recessing this meeting and we will not have to wait until August 5th. Mr. Robbins stated I suggest we engage an appraiser to make a determination on that evaluation on behalf of the District. When you come back to the recessed meeting if you do not have a final appraisal you will have a strong indication. Mr. Giordano stated someone said you need two appraisals on the land. I am not sure if the appraisal we obtained for the City is applicable. Mr. Lyles stated the existing appraisal may need to be updated because it may not have taken into account, easement as opposed to fee simple title, so there may have to be a supplemental letter indicating these figures will be modified for acquisition of easement property. The District's appraisal will only be addressing whatever the District will acquire. There is a mechanism in the acquisition • agreement that provides for the two to be averaged if you are within 10%. If not, 12 June 25, 2002 Griffin Lakes C.D.D. we will go to another procedure, or if the developer wants to wait. We will use the • lower figure. Mr. Eisenacher stated I recommend that the District manager in conjunction with a Board member address that issue. This is a complex issue which Mr. Robbins understands. Mr. Robbins asked is there an up-side number? Mr. Lyles responded in the past, we have indicated a not-to-exceed amount of$5,000, which is enough. On MOTION by Mr. Carr seconded by Mrs. Eisenacher with all in favor the District Manager and Mr. Robbins were authorized to retain an appraiser for an amount not to exceed $5,0.00 to evaluate the value of easements and underlying fee title to the land that the District will acquire title to. B. Consideration of Assessment Methodology Mr. Ward stated I will update this assessment methodology subsequent to this meeting to reflect the discussion regarding removal of the cost for those items • payable to Broward County. I have provided you'. a blacklined assessment methodology. The purpose of the methodology is to prepare a financing program for the Griffin Lakes Community Development District to improve the property that has been described to you by the engineers, Calvin, Giordano & Associates. Florida law requires us to utilize a procedure both under your enabling legislation, Chapter 190 and the alternative mechanism under the Statute, Chapter 170, to levy non-ad valorem special assessments. There are special and peculiar benefits that will accrue to the property from the imposition of the special assessment process. Those special and peculiar benefits are different in degree and type than general benefits that accrue to all properties, not only within the District but outside of the District. The difference between general benefits and special and peculiar benefits in relation to the Griffin Lakes Community Development District, specific benefits do not accrue to properties outside of the boundaries of the District by virtue of the fact that none of the improvements we are undertaking as a result of this engineer's report entitle any of the development outside the boundaries of the District to any development rights. As a result, all of the improvements within the District engineer's report are special and peculiar to this project. • 13 June 25, 2002 Griffin Lakes C.D.D. Next, we look at whether or not the value of the improvements will equal or • exceed the value of the land after the improvements are finished. When you look at the Griffin Lakes Community Development District assessment reports and the engineer's report it is easy,to ascertain-that the cost of these improvements will increase.,the value of the land beyond its current value. In the process, the key is whether the taxable value of the property within the Griffin Lakes C.D.D. will increase to a number well in excess of the land cost and the value of these improvements. You will be able to determine over time that the value of these improvements and special benefits accrued to this property will be of benefit to the Griffin Lakes Community. The development program is a key to determining the process of levying the non-ad valorem special assessment and how we will levy special assessments in terms of types and degree. Griffin Lakes C.D.D. is a master plan community comprised of approximately 427 town homes. We have one kind of product line. In comparison you may have projects that have single family, multi-family, industrial or commercial. In this instance, we have'the same product line, 427 town homes will be constructed. This assessment-methodology indicates that all of the costs included in.the engineer's report can be equally borne by all 427 units that are within the Griffin • Lakes C.D.D. The infrastructure falls into five separate categories, water distribution system, sanitary sewer, stormwater, public roadways and sidewalks and some capital obligations due to other governmental entities outside of what you discussed as part of the adoption of your engineer's report. We recognize that as a part of the methodology you are creating today,.there will be equal benefits that accrue to all 427 town homes as a result of this infrastructure program. Therefor, the methodology contemplates an equal assessment over all of.the 427 units, based upon the cost of construction of the project. We determine the special assessment by taking the estimated cost of construction for the project, which prior to the amendments you made, was $8.76 million. That will decrease as a result of your actions. We add to it, three primary components, reserve, capitalized interest and cost of issuance, to get to the par amount of debt that will remain on the land subsequent to your financing it. Those three components, when added to the $8.76 million give you an estimated par debt of bonds that the District must issue in order to finance the construction program in the engineer's report. That number is an estimate of the ' • financing costs and is not fixed. Those will be determined by the Board at the time 14 June 25, 2002 Griffin Lakes C.D.D. you issue your bonds, but they provide a maximum amount of bonds that you have the ability to issue if you so choose. You always have the ability under a special assessment proceeding to lower the par debt of your issuance and your estimated construction costs. Once you finish the process you do not have the ability to increase it without going through this process again. The estimates in the financing report are conservative and provide the highest set of numbers you will possibly need in order to handle the issuance of your bonds. With respect to the three amounts, your reserve, capitalized interest and cost of issuance, the debt service reserve is equal to one year's maximum annual debt service due on the bonds or approximately 10% of your par debt. That remains in the bond issue for as long as it remains outstanding in order to ensure payment on the debt. The capitalized interest is between 0 and 36 months worth of monies funded in the bond issue for payment on the debt during the construction period. In this report we used 18 months as the capitalized interest period, but you can go as long as 36 months or shorter if the Board desires, once the developer determines the program for the eventual construction of the improvements. The cost of issuance pays the professionals, primarily the underwriter, with respect to the issuance of the bonds. The capitalized interest period also provides sufficient funds to finish • construction before you place your non-ad valorem assessments on the tax bills of Broward County for collection by those two agencies. The final piece of the puzzle is how you assign the debt within the C.D.D. over the parcels of land. In this methodology we have assigned the full $11.7 million over the 'net developable acres of the District. Those acres will be transferred to end users, which are the building pads and house pads, etc. Your engineer estimated for purposes of this report, that there are approximately 7.88 net developable acres. The number will change as development occurs. As you develop your property, if the mix of units changes, the number of units changes, or the net developable acres change we have the ability to assign the debt to the net developable acres and the number of units that will eventually be developed within the District. If the developer, for example, builds 428 town houses or 426 town houses we can change the assignment of debt slightly to allow for product mix changes, unit count changes or a change in developable acres resulting from changes in the development. We do this through an inventory adjustment determination. On a periodic basis, as determined by the District, they will work with the developer to determine the number of net developable acres on the project ® and the number of units that will be developed and calculate that to ensure the 15 June 25, 2002 Griffin Lakes C.D.D. number of developable acres and number of units and the debt we assigned to the properties within the District conform to the methodology. You are levying roughly $11,700,000 on 7.88 acres. This will be adjusted as you move through the development and 427 town houses which can be adjusted at the end of the development period. Mrs. Eisenacher stated under the paragraph on the development program, it says all the units will be assessed in full regardless of the number of bathrooms? Mr. Ward stated yes. In a project of this size. you do not see a great difference in the assignment of debt as related to the number of bathrooms. The amount of water and sewer flow is relatively consistent among town'-houses. It will change for a large single family home or, an industrial or commercial property. This is also true for transportation related improvements, which are relatively consistent for multi-family products. They change slightly for single family and dramatically for commercial property. Mr. Carr stated you are referring to the plat as being a trigger for determining the acreage. It is highly doubtful that this can be platted as fee simple. It may go condominium. It will be a site plan and a boundary plat. Mr. Ward stated that is okay as long as the number of units and developable acres on which you build the 427 units remains relatively the same.. I can update this so it will also work if you use a condominium concept. Mr. Carr asked has this been done before by using the same percentages off the Condominium Association assessments? Mr. Eisenacher responded yes. I have seen relationships of a single family town house being 1 or .75. Mr. Ward stated if you record a declaration of condominium of 427 units that debt will get spread among that recorded declaration of condominium units. It is handled differently than recording in fee simple, but conceptually once you record a declaration, the property appraiser picks up that recorded declaration and separates those 427'folios and I then pick up the segregation of debt. Mr. Carr asked if we go from fee simple to condominiums, will we have the flexibility to make the determinations? Mr. Ward responded yes. Between now and then I will include some language about utilizing a condominium concept in this project also to ensure that flexibility is there. Our methodology is such that during the development period as you make that determination and advise me of that, we can then spread . the debt based upon those decisions you make in the future. We'try to provide as 16 June 25, 2002 Griffin Lakes C.D.D. much flexibility for as long a period of time as possible to the developer in making • those decisions. Mr. Eisenacher stated you have taken the total construction dollars that the engineer states is benefiting these properties and assessed them into all the net developable acres. Mr. Ward stated that is correct. Mr. Eisenacher stated before we issue debt, the number of units can change. Can the number of net developable acres change? Mrs. Carr asked what property will be indicated as being liened? Will it be a per acre lien or developable acres only? Mr. Ward responded it will be a per acre lien of net developable acres only. Through an inventory adjustment determination method, as you plat your property, you advise the District whether you plan to use the condominium concept or a fee simple concept. We will spread the debt at that time. Mrs. Carr asked can you go over 7.88 acres? Mr. Ward responded yes, you can go over that if they make some units slightly bigger. • Mr. Eisenacher stated that is still assuming that the entire project is town house units of a similar nature and size. It will still be straight lined across in the end. Mr. Ward responded as long as the product is relatively consistent with your current master plan, the methodology is written to allow some flexibility to change specific units. I am contemplating the fee simple, but in a condominium unit that will make the writing easier. Mr. Eisenacher stated the distinction between the Series A and Series B is that the bottom line number the homeowner sees on their tax bill may be approximately $80 per month. Your Series A is around $40 a month. Your number is a gross bond of around $4,500 per unit. There may be a problem in the determination of the amount of the Series A versus the Series B. Mr. Bulleit stated the assessment methodology is locking in the mass construction amount and net developable acres approximation. The allocation between Series A and Series B has nothing to do with this process. Mr. Ward stated you are levying $11.17 million over the net developable acres at this point without distinction between Series A and Series B. When the Board issues the debt you will make that specific determination as to the allocation between A and B. That can increase or decrease. 17 June 25, 2002 Griffin Lakes C.D.D. Mr. Eisenacher stated it is inappropriate to go into a validation process saying the Series A Bonds will be $2.6 million and then for the Board to decide it will be $3.8 million or $.4 million. You are looking at a bond sizing of larger than $2.6 million. Are you still thinking of$80 per month. Mr. Carr asked is this for debt service, not for maintenance? Mr. Eisenacher responded that goes on the tax bill. Mr. Ward stated the split between A and B'is not material for purposes of the methodology. Mr. Robbins stated I feel it is material. Mr. Ward stated it is not material in the methodology. You can have one series with the $11 million shown and as a result of the issuance of bonds, separate it then. I can combine them into one series for this methodology. We do not need to reference A and B. Mr. Eisenacher stated it is important. I defer to the professionals, but the Series A is a fairly high number and I recommend you get that out front. Someone could come back after the validation and say they did not realize it was combined, when it should have been broken out. Mr. Bulleit stated you are right. Mr. Mulshine stated give staff direction that the assessment. will be approximately $960 a year, which you believe will be an A Bond issue of approximately $4.2 million and that will be clarified and brought back. Mr. Carr stated the District manager and investment banker can make that determination similar to the capitalized interest provisions. Mr. Ward stated we will make the appropriate changes to the report. Mr. Mulshine stated for the 'record, the assessments should be approximate. Mr. Ward stated since we must run the numbers, for purposes of the methodology, you are looking to have an end user assessment of approximately $960 per unit per year. We will run bond sizing based upon that to make sure we are clear. Mr. Carr stated assuming someone pays the non-ad valorem assessment on the tax bill net of their 4% discount, that is the number we are referring to. This is the total amount including maintenance and everything else. Mr. Mulshine stated that is 6%. It is 4% for the discount and 2% for the tax collector. 18 June 25, 2002 Griffin Lakes C.D.D. Mr. Carr asked if you have $100 which you.must pay in November and you pay $96, are we are talking about the $96. Mr. Ward asked do you want to include operations and maintenance? Mr. Eisenacher how are the operating costs split between the A and the B? Mr. Ward asked are you talking about the appraiser and tax collector fees? Mr. Eisenacher responded I am talking about the annual operating administrative budget. Mr. Ward stated they are levied across 427 units. We can figure a way to split them between the A and B bonds. Mr. Eisenacher stated it is important to be specific between the expected annual operating costs of the District versus the year one costs which are normally high due to bond issuance costs' and first year operating costs, which are deducted from the net bond proceeds. Mr. Ward stated you use that second year ongoing number as the number for purposes of this calculation. Mr. Robbins asked does this report assume one year's worth of construction time and 18 months for capitalized interest? Mr. Ward responded that is correct. Mr. Bulleit stated usually we put a nice size capitalized interest amount in reserve and ultimately when we issue the bonds you make that determination. Mr. Ward stated the capitalized interest amount will also have a dramatic effect-on what the end user pays. The longer the capitalized interest period, the smaller the construction fund must to be to meet'''that $80 per month number. That has a dramatic effect on the par debt amount. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor the District manager was authorized to set the non-ad valorem assessment at $80 per month. C. Consideration of Resolution 2002-12 Declaring Special Assessments Mr. Ward stated I have two resolutions which will approve your engineer's report and assessment methodology. The first resolution is 2002-12, declaring special assessments and indicating the location, nature and estimated cost of those improvements identified in your engineer's report. It provides how they will be paid through the issuance of debt and the use of special assessments included in your agenda package. They will be paid in no more than 30 annual installments at the same time and manner as Broward County taxes are paid, 19 June 25, 2002 Griffin Lakes C.D.D. utilizing Chapter 197 as the procedure itself. The resolution sets the outside boundaries of your limits with respect to allowing you to move forward. The section I referenced to you indicating payment of no more than 30 annual installments still provides you flexibility to change that or at least do portions of it at the longer period and portions of it at the shorter period. D. Consideration of Resolution 2002-13 Calling for Public Hearing to Impose Special Assessments. Mr. Ward stated the next resolution sets the public hearing for the special assessments which will be on August 5th at 2:00 ,p.m. at the offices of Billing,' Cochran, Heath, et al., 88 SE 3rd avenue,for purposes of hearing public comment and testimony. This will be the final hearing at which you equalize the assessments, adopt the engineer's report and methodology which get appended to the validation proceeding through the Broward County Circuit Court. The numbers for the estimated costs will be`modified based upon your actions today and included in the final resolution I prepare. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor Resolution 200242 with regard to intent to issue special assessment bonds was adopted. On MOTION by Mr. Carr seconded Mr. Robbins .with all in favor Resolution 2002-13 calling for public hearing to be held at 200 p.m. on August 5, 2002 at the offices of Billing, Cochran, Heath, et. al., 888 S.E. 3rd Avenue, Suite 301, Fort Lauderdale,. Florida for the purpose of hearing public comment on imposing a special assessment on certain property within the district generally.. described as Griffin Lakes community Development District-in accordance with Chapters 170, 197 and 190, Florida Statutes was adopted. E. Consideration,of Bond Resolution 2002-14 Mr. Ward stated Resolution 2002-14 is a validation resolution authorizing the issuance of your bonds and allowing bond counsel to move forward through the process. Ms. Ganz stated this resolution is identical to the one in your agenda package. The only change is in the title in the third section on page two. We filled . in the not exceeding principal amount of the bonds that we want to validate. 20 June 25, 2002 Griffin Lakes C.D.D. Based on input from the investment banker and the District Manager we have determined it to be prudent to use $13 million as your not exceeding amount even though there is a lesser number in the assessment methodology. This provides for additional capitalized interest or other costs you may want to add. It is possible that, in light of today's discussion, the costs may change. I am not sure whether it makes sense for us to adopt this resolution now or wait until the August 5, 2002 meeting. We must come up with an appropriate not exceeding par amount. Mr. Ward stated for purposes of your validation, if you adopt the resolution today it will allow staff to prepare the validation documents and submit them to Broward County Court. It is unlikely you will get a hearing date prior to August 5, 2002 anyway. It will be slightly longer than that, but you will be in the court process to get a hearing date. On August 5, once you adopt the final resolutions, equalize your assessments, amend your engineer's report for the final time and the assessment methodology, Mr. Lyles will amend that validation proceeding to include those final reports at that time. Shortly thereafter, you will have your hearing date for that validation proceeding. Once the court hears it there is a 30 day appeal period before you are able to issue bonds. The question is whether you want to wait until August 5 or the week thereafter before you file the validation proceeding. I suggest you adopt the resolution and reduce the not exceeding number to $12 million if you wish to file earlier. Mr. Carr stated if we file it for $13 million, is there a problem amending it and dropping the number? Mr. Ward responded no. Mr. Eisenacher stated staff recommends you go high, but at the same time, if someone read in the newspaper that the developer is going to validate a $13 million bond issue for 427 town house units, it could give negative implications. We need something more reasonable. You are talking about changing that in a couple weeks. Mr. Mulshine stated if you wish you may lower it, but I would not go below Mr. Ward's number because you will then be inconsistent with this report. Mr. Robbins stated I do not see any reason for going over $10,000. Ms. Ganz stated we will make it $10,000. This resolution authorizes the issuance of bonds of the District in the principal amount not exceeding $10 million. It provides that prior to the issuance of the bonds you will comply with the provisions of the indenture, which is also attached in your agenda packages. 21 June 25, 2002 Griffin Lakes C.D.D. It also provides that the bonds can be issued in one or more series, which accommodates your ability to choose whether to do A and B or go with one series of bonds. In section four you will be approving a form of an indenture substantially in the form attached in your agenda packages. It is the document that provides for all the terms and conditions of the bonds. It is being approved substantially in the form attached with the ability to make additional changes as me progress through the financing. For validation purposes we know that the material concepts in the indenture will not change, so it is appropriate to submit to the court even if you change it in the future to reflect the actual details of the bonds. Also in section four you appoint Wachovia Bank National Association as the trustee, paying agent and registrar for the bonds under the indenture. That bank does almost every C.D.D. in this State and is the most experienced in administering the assessment 'revenues. Page three duplicates the approval of the assessment methodology substantially in the form attached, as well as the report of the consulting engineering substantially in the form that we will attach. I believe the intent will be to attach to these, the reports as modified pursuant to the authorizations that have been given to the consultants today. In section seven is an authorization for the Districts general counsel, Mr. Lyles and my firm to proceed to validate the bonds. In section eight there is a general miscellaneous clause giving further authority to the officers and members of the Board and their consultants to refer to this financing. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor Resolution 2002-14 relating to the issuance of special assessment bonds not exceeding $10,000; approving in substantial form and authorizing execution of a trust indenture and appointing as Trustee, paying agent and registrar for the bonds; approving the form of a preliminary special assessment methodology; approving the form of the report of the consulting engineers; authorizing judicial validation of the bonds; providing for severability; and providing an effective date was adopted. SEVENTH ORDER,OF BUSINESS Other Business A. Staff Reports 1. Attorney • There not being any, the next item followed. 22 June 25, 2002 Griffin Lakes C.D.D. 2. Manager Mr. Ward stated with respect to the retention of an engineer I ask you to authorize retention of Calvin, Giordano & Associates on an interim basis. We will bring back a contract to you at your next meeting, but meanwhile this allows to move forward. On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor the retention of Calvin, Giordano & Associates as interim engineer for the District was authorized. B. Audience Comments There not being any, the next item followed. C. Supervisors Requests There not being any, the next item followed. EIGHTH ORDER,OF BUSINESS Adjournment On MOTION by Mr. Carr seconded by Mr. Robbins with all in favor the meeting recessed at 4:00 p.m. to be reconvened on July 25, 2002 at 10:00 a.m. at the offices of Billing, Cochran, Heath, Lyles & Mauro, 888 Southeast Third Avenue, Suite 301, Fort Lauderdale, Florida. Lisa . Eisenacher 9hairman es Carr Assistant Secretary 23 AGENDA .GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT Tuesday Billing, Cochran, Heath, Lyles & Mauro June 25, 2002 888 Southeast Third Avenue 1:30 p.m. Suite 301 Fort Lauderdale, Florida 1. Introduction A. Call To Order B. Oath of Office C. Overview of District Responsibilities and Purpose 2. Election of Officers A. Chairman - Resolution 2002-1 B. Vice Chairman - Resolution.2002-2 C. Secretary - Resolution 2002-3 D. Treasurer - Resolution 2002-4 E. Assistant Secretary(s) - Resolution 2002-5 3. Retention of District Staff A. Consideration of Contract for District Management Services - Resolution 2002-6 B. Consideration of Appointment of District Counsel - Resolution 2002-7 C. Selection of Registered Agent and Office - Resolution 2002-8 D. Request Authorization to Issue RFP for Engineering Services 4. Designation of Meeting and Hearing Dates A. Designation of Regular Monthly Meeting Date, Time and Location B. Designation of Initial Landowners Election Date, Time and Location C. Consideration of Budget for the Balance of Fiscal Year 2002 and for Fiscal Year 2003, Funding Agreement, Funding Request No. 1 and Designation of Public Hearing on Budget - Resolution 2002-9 D. Designation of Date of Public Hearing Expressing the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad-Valorem Assessments 5. Other Organizational Matters A. Selection of District Depository B. Consideration of Resolution 2002-10 Relating to Defense of Board Members C. Authorization to Publish of Notice of Establishment D. Consideration of Resolution 2002-11 Adopting Investment Guidelines E. Appointment of Bond Team 1. Bond Counsel - Denise Ganz 2. Investment Banker - Ed Bulleit 3. Financial Advisor 4. Retention of Trustee 6. Financing Matters A. Consideration of Engineers Report B. Consideration of Assessment Methodology C. Consideration of Resolution 2002-12 Declaring Special Assessments D. Consideration of Resolution 2002-13 Calling for Public Hearing to Impose Special Assessments E. Consideration of Bond Resolution 2002-14 7. Other Business A. Staff Reports 1. Attorney m 2. Manager 'B. Audience Comments • C. Supervisors Requests 8. Adjournment SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA AA T�e Y F' BOCA RATON, PALM BEACH COUNTY, FLORIDA Sirg anlYattonaf Meti ffur takes communty • MIAMI, MIAMI DADE COUNTY, FLORIDA 4evelopmentDistrict 'EfaE Ori�attonaf meet fitg of Board of super= visors"afthe GrifhnLakes Community,;Development STATE OF FLORIDA D(stnct is scheduled do be field Tuesday June".25, COUNTY OF BROWARD/PALM BEACH/MIAMI DADE 2002 at t30 p m. at the BEFORE UND SI D AUTHORITY, PERSONALLY APPEARED Hdathzofeili 88 Cochran, Heath et;al; n ,,oc 3rtl Avenue SUite 301,,?Fort WHO,ON OATH,SAYS THAT �pikogrdate Florda. the pyrpose;bf-th6 meeting is H E A YA THORIZED REPRESENTATIVE OF THE CLASSIFIED (toem''certainDis`irict pf Ifieers, consider the�ap- PARTMENT OF THE SUN-SENTINEL,DAILY NEWSPAPER PUBLISHED !aointment,of staWAo,in= IN BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE manager"attorney",ng ATTACHED COPY OF ADVERTISEMENT,BEING A: neer, and; others=,, as deemed"appropriate Eby ,the Board;of supervisors; to consider the services to JUNE 25 2002 beprovided'bythebistrict and the financing'pIih,lor same,to'consider-certain IN THE MATTER OF: documents related toAhe issuance of'special'as- sessment bonds and to June 25 2002 conduct other :business that may come before the (((Board. The meetin is open to the public as will IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE be'conducted in ;actor=: ISSUES OF: dance with the provisions of Florida law for,Commt- trictsnty'rDevelopment :'A coRy,of, a agen- 6/18 10948143 da for this meeting maybe obtained from Cary t:,� Moyer, 10300 N VU 11 AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER Manor coral springs, Florida�33071 PUBLISHED,IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, Any person requiring-spe ciaL accommodations-,;at AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY this meeting because'•oUa PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, disability or physicalJ - pairment contact toffic EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE the District Office at(954) 753.0380 at least five cal- POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY, FLORIDA, endar days prior to the FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF meeting, each:person who decides ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT to appeal any decision made by the Board with HE/SHE HAS NEITHER PAID,'NOR PROMISED,ANY PERSON,FIRM, OR respecttoanymattercon- CORPORATION,ANY DISCOUNT,REBATE,COMMISSION,OR REFUND, FOR THE sidered at:the meeting-is advised that person will PURPOSE OF SECURING THI ADVERTISEMENT FOR PUBLICATION IN SAID needa record of,tho p' — cee'dings and that accord-' " NEWSP ingly,.;the ,person''may need to ensure that,a vqr.; batim record A e the<�pri= ceedmgs 'mad include ing the testimony and-ebi, NA R OF AFFIANT) hence upon which such appeal is,tobe based.;° Gary t Moyer SWORN TO AND SUBSCRIBED BEFORE ME manager ON:ON: 18-June-2002 , A.D. (SI NATURE OF NOTARY PUBLIC)„ Tara L.Bezak I ?w_ acowISSION# DD024939 EXPIRES July 20, 2005 BONDED THRU TROY FAIN INSURANCE,INC. (NAME OF NOTARY,TYPED,PRINTED OR STAMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION Oath of Office I, Charles D. Robbins, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Griffin Lakes Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Griffin Lakes Community Development District, Broward County, Florida. i Gv Charles D. Robbins D e • Sworn to (or affirmed) before me this 25th day of June, 2002 by Charles D. Robbins whose signature appears hereinabove. Not ry Public State of Florida _16 ""'' James P.Ward ! � :yap`, 1/.: MY COMMISSION#CC864934 EXPIRES `� �X_1�4_,a December 19, 2003 Print Name BONDED TNRU TROY FAIN INSURANCE,INC My Commission expires Personally known or produced identification Type of identification A w�- Oath of Office I, Susan, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Griffin Lakes Community Development District and a recipient of public funds on :behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge . the duties devolving 'upon me in the office of Supervisor of the Griffin Lakes Community Development District, Broward County, Flori a. Susa Carr Date Sworn to (or affirmed) before me this 25th day of June, 2002 by Susan Carr whose signature appears hereinabove. Q� Not ry Public State of Florida ]Ames P.Word Mrr „ �,S � con�iss�#tt�6a93a E�IItEs ,y--�I December 19,2003 , �nmaur►�u+c Print Name My Commission expires Personally known_� or produced identification Hype of identification Oath of Office I, James Carr, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Griffin Lakes Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Griffin Lakes Community Development District, Broward County, Florida. Jame Carr ate • Sworn to (or affirmed) before me this 25th day of June, 2002 by James Carr whose signature appears hereinabove. Nophry Public State of Florida ?ames P.Ward `' hdYCOMArf15SImbe 19,2003 , P . December 19,20f13 J J3 . BONDEDT RU1ROYfAi MURAKEW- Print Name My Commission expires Personally known Z/ or produced identification Type of identification • Oath of Office I, Lisa M. Eisenacher, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Griffin Lakes Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me,in the office of Supervisor of the Griffin Lakes Community Development District, Broward County, Florida. Lisa . Eisenacher Date i Sworn to (or affirmed) before me this 25th day of June, 2002 by Lisa M. Eisenacher whose signature appears hereinabove. Not ry Public State of Florida )Off"p.Ward - -AMY pecember 19,20U3 pOND'cDTHREI7 {A1NNAN�� Print Name My Commission expires Personally known // or produced identification Type of identification RESOLUTION 2002-1 • A RESOLUTION DESIGNATING JAMES CARR AS CHAIRMAN OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Griffin Lakes Community Development District desire to appoint James Carr as Chairman; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT: 1. James Carr is appointed Chairman. Adopted this 25th day of June, 2 C rman • �ecretary RESOLUTION 2002-2 A RESOLUTION , DESIGNATING C HARLES - D. ROBBINS AS VICE CHAIRMAN OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Griffin Lakes Community Development District desire to appoint Charles D.'Robbins as Vice Chairman; NOW, THEREFORE, BE IT,RESOLVED BY THE BOARD OF SUPERVISORS OF THE GRIFFIN` LAKES COMMUNITY DEVELOPMENT DISTRICT: 1. Charles D. Robbins is appointed Vice Chairman. Adopted this 25th day of June, 20 2. C irman • m � S cretary RESOLUTION 2002-5 A RESOLUTION DESIGNATING SUSAN CARR AND LISA M. EISENACHER AS ASSISTANT SECRETARIES OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Griffin Lakes Community Development District desire to appoint Susan Carr and Lisa M. Eisenacher as Assistant Secretaries; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT: 1. Susan Carr and Lisa M. Eisenacher are appointed Assistant Secretaries. Adopted this 25th day of June, C airman Ld S cretary RESOLUTION 2002-7 A RESOLUTION DESIGNATING. THE FIRM OF BILLING, COCHRAN, HEATH, LYLES & MAURO, P.A. AS DISTRICT COUNSEL FOR THE GRIFFIN LAKES COMMUNITY DEVELOPMENT ; DISTRICT AND AUTHORIZING COMPENSATION WHEREAS, the Board of Supervisors of the Griffin Lakes Community Development District desires to appoint the firm of Billing, Cochran, Heath, Lyles & Mauro, P.A. as District Counsel in accordance with their engagement letter dated June 7, 2002; NOW, THEREFORE, BE IT,RESOLVED BY THE BOARD OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT: 1. The firm of Billing, Cochran, Heath, Lyles & Mauro is appointed., District Counsel. 2. The firm of Billing, Cochran, Heath, Lyles & Mauro, shall be compensated for their services in such capacity in the manner prescribed in the engagement letter dated June 7, 2002. Adopted this 25th day of June, 200 air an Se etary 1 RESOLUTION 2002-8 A RESOLUTION DESIGNATING DENNIS LYLES AS THE DISTRICT'S REGISTERED AGENT, AND FURTHER DESIGNATING THE DISTRICT'S REGISTERED OFFICE FOR SERVICE OF PROCESS AS BILLING, COCHRAN, HEATH, LYLES & MAURO, 888 S. E. 3RD AVENUE, SUITE 301, FORT LAUDERDALE, FLORIDA 33316 WHEREAS, Section 189.416 of the Florida Statutes requires each District to designate a Registered Office and a Registered Agent upon whom may be served any process, notice, or demand required or permitted by law to be served upon the District; and WHEREAS, the Board desires to designate Dennis Lyles as its Registered Agent and designate his business address which is Billing, Cochran, Heath, Lyles & Mauro, 888 S. E. 3rd Avenue, Suite 301, Fort Lauderdale, Florida 33316 as its Registered Office; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT: 1. Dennis Lyles whose business address is Billing, Cochran, Heath, Lyles & Mauro, 888 S. E. 3rd Avenue, Suite 301, Fort Lauderdale, Florida 33316 and whose telephone number is 954-764-7150 is hereby designated as the Registered Agent of the District for the purpose of Section 189.416(1), Florida Statutes and his office as the Registered Office of the District. 2. This Resolution shall take effect immediately. 3. The District Manager shall transmit certified copies of this Resolution to the Clerk of the Broward County Board of County Commissioners, and to the State of Florida Department of Community Affairs. Adopted this 25th day of June, 200 . D, Chair an Se retary RESOLUTION 2002- 10 RESOLUTION.SETTING FORTH THE POLICY OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS WITH REGARD TO THE SUPPORT AND LEGAL DEFENSE OF THE BOARD OF SUPERVISORS AND DISTRICT STAFF WHEREAS, the Board of Supervisors and the officers, agents, and employees of the Griffin Lakes Community.Development District ("District") are constantly presented with the necessity for making decisions regarding various phases of District policy and management; and WHEREAS, it is essential .to the effective operation of the District that such decisions be made in an environment where the threat of personal liability for the Board and its officers, agents, and employees is maintained at a minimum;.and WHEREAS, the Board of Supervisors wishes to formalize a policy with regard to the support and legal protection of the Board of Supervisors and its officers, agents, and employees so as to reduce the threat of personal liability to such individuals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD • OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT,, BROWARD COUNTY, FLORIDA, that: 1. As set forth in this Resolution, the Griffin Lakes Community Development District, in accordance with Florida Law, agrees that the following Board members and officers, agents, or employees of the District shall not be held liable or named as a party defendant in any action allegedly caused by the negligence or wrongful act or omission of action within the scope of their office, employment, agency, or function, provided they have not acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property: (a) All members of the Board of Supervisors; and (b) The District Manager, Secretary, Assistant Secretary(s), District Engineer, and Counsel for the District (the "staff'). 2. The District, in accordance with Florida Law, recognizes that the exclusive remedy for the actions described in paragraph 1 above, shall be by action _ against the Griffin Lakes Community Development District or the Chairperson of • the Board of Supervisors in his or her official capacity. 3. As set-forth in this Resolution, the District hereby agrees to provide ® legal representation to defend any civil action arising from a complaint for damages or injuries suffered as a result of any act or omission of action of any of the above-listed Board and staff members of the District, present or former, arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the Board or staff member acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Provided, however, that if the affected Board member and staff member of the District in good faith believes that there is a conflict of interest in said attorneys retained by the District providing representation to said individual, then at the request of said individual, District will and shall employ attorneys of said individual's selection to appear and defend the claim, action or item on behalf of the individual at the expense of the District. By this provision, the District does not waive any immunity from liability as granted under Florida Law, including the District's stating that to the extent the State does not through its laws protect the members of the Board and its officers, employees, or agents from liability, it is committed to doing so to the extent described in this Resolution. 4. The District may insure itself in order to cover all reasonable costs and fees directly arising out of or in connection with any legal claim or suit which directly results from a decision or act made by a Board member or staff while performing the duties and functions of his or her position. 5. This Resolution is intended to evidence the District's support of Board members and staff who perform, acts and render decisions in the good faith performance of their duties and functions. The District will neither support.nor defend an individual whose act or decision is the result of fraud, malfeasance or knowing criminal misconduct. The District will neither support nor defend those actions or omissions committed by an individual outside the scope of his/her office or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. In the event that the District has expended funds to provide an Attorney to defend a staff or Board member who is found to be personally liable by virtue of actions outside the scope of his or her employment or function, or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, the individual shall be required to reimburse the District for funds so expended. The District may recover such funds in a civil action against such individual. 4. The District agrees to pay any final judgment, including damages, costs, and Attorney's fees, arising from the complaint for damages or injuries suffered as a result of any action or omission of action of any staff or Board member in a civil or civil rights lawsuit described in Section 111.07, Florida Statutes. If the civil action arises under Section 768.28, Florida Statutes, as a tort claim, the limitations and provisions of that section governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C.. § 1983, or similar federal statutes including by of example and not of limitation those statutes listed in 42 U.S.C. § 1988(b) (1994), payment for the full amount of judgment may be made unless the individual has been determined in the final, judgment to have caused the harm intentionally. The District agrees to pay any compromise or settlement of any claim or litigation described in this paragraph, provided, however, that the District determines such compromise or settlement to be in the District's best interest. 7. This Resolution shall not apply to actions initiated by the District against a Board member, officer, agent, or employee. THIS RESOLUTION PASSED AND D this 25th day of June, 2002. - • S cretary Chair an • • Resolution 2002-11 A Resolution of the Board of Supervisors of the Griffin Lakes 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 WHEREAS, the Board of supervisors, hereinafter referred to as the "Board" of the Griffin Lakes Community Development District, hereinafter referred to as "District" is required to adopt an investment policy in accordance with Section 218.415, Florida Statutes, and WHEREAS, the Board desires to adopt the alternative investment guidelines for the investment of public funds in excess of amounts needed to meet current operating expenses, in accordance with Section 218.415, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD `OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT: ® 1. The District hereby adopts the alternative investment guidelines for the investment of public funds in excess of the amounts needed to meet current operating expenses, in accordance with Section 218.415(17), Florida Statues. The District may invest in the following instruments and may divest itself of investments, at prevailing prices or rates: a. The Local Government Surplus Trust Fund, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, as provided in Section 163.01, Florida Statutes. b. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. c. Interest-bearing time deposits or savings accounts in qualified public depositories, as defined in Section 280.02, Florida Statutes. d. Direct,obligations of the U. S. Treasury. 2. Securities listed in paragraphs c and d shall be invested to provide ® sufficient liquidity to pay obligations as they come due. 3. This Resolution shall become effective this 25th day of June, 2002. C)v Chairm n Secre ary • LAW OFFICES BILLING, COCHBAN, HEATH, LYLES & MAUEA, P.A. POST OFFICE BOX 21627 FORT LAUDERDALE,FLORIDA 3 33 3 5-16 27 . GREGORY T.ANDERSON 888 S.E.3Ro AVENUE,SUITE 301 HAL B.ANDERSON CLARK J.COCHRAN.JR. FORT LAUDERDALE,FLORIDA 33316 RONALD F.BENDEKOVIC W.TUCKER CRAIG (954)764-7150 VIVIAN H. FAZIO THOMAS C. HEATH FAX:(954)764-7279 CAROL J. HEALY GLASGOW DENNIS E.LYLES KERA E.HAGAN JOHN W. MAURO 400 AUSTRALIAN AVENUE SOUTH,SUITE 801 DANIEL L.LOSEY KENNETH W.MORGAN.JR. WEST PALM BEACH,FLORIDA 33401 SHAWN B.McKAMEY (561)659-5970 T.CHRISTINE PEREZ STEVEN F.BILLING(1947-1998) FAX:(561)659-6173 KEVIN M.VANNATTA 3001 N. ROCKY POINT DRIVE EAST,SUITE 200 MICHAELA.WEISS TAMPA,FLORIDA 33607 (813)281-4671 PLEASE REPLY TO: FAX:(813)289-7748 FORT LAUDERDALE June 7, 2002 Mr. James P. Ward Griffin Lakes Community Development District 210 N. University Drive Suite 702 Coral Springs, Florida 33071 RE: Proposal to serve as District Counsel for Griffin Lakes Community Development District ® Dear Mr. Ward: This letter will serve to memorialize the discussions regarding this firm's undertaking to provide legal services as District Counsel to the Griffin Lakes Community Development District. General District legal services will be billed at the rate of$200.00 per hour when that work is performed by the undersigned. Legal work carried out by associates will be billed at $125.00 per hour. There will be a monthly minimum fee of$350.00. Specialized legal services performed in connection with the validation and issuance of District bonds as well as infrastructure construction activities funded by District bonds will be calculated and invoiced separately and will be charged against bond proceeds. It is my understanding that this proposal will be placed upon the District's agenda for review and approval by the Board of Supervisors at its organizational meeting. Should you have any questions regarding the above,please feel free to contact me at your convenience. Very truly yours, DENNIS E. L ' For the Firm DEL/ps cc: Donna Holiday INVESTMENT BANKING AGREEMENT June 25, 2002 Board of Supervisors Griffin Lakes Community Development District c/o Jim Ward District Offices 210 University Drive Suite 301 Coral Springs,FL 33071 Supervisors: PRAGER, MCCARTHY & SEALY, LLC (the "Underwriter") offers to enter into this agreement with Griffin Lakes Community Development District (the "District") which, upon your acceptance of this offer, will be binding upon you and upon us. 1. Scope of Services: The Underwriter proposes that its duties, among others, shall include the following: • (i) To develop an assessment methodology with the District's financial advisor to provide for the orderly structuring and repayment of the bonds to be issued in the calendar year 2002 (the "Series 2002 Bonds") and any future debt issuances of the District ("Future Bonds", collectively with the.Series 2002 Bonds, the "Bonds") proposed to be 'issued in order to finance various infrastructure improvements which will benefit lands within the District;' (ii) To collect, analyze and distribute information which will become the basis of an offering statement for the Bonds; (iii) To introduce potential investors to the project who may purchase Bonds. These investors shall be "accredited investors" under the rules of the Florida Department of Banking and Finance; (iv) Provided that the Bonds have been structured in a fashion satisfactory to the Underwriter, to act as principal and purchase the Bonds for the Underwriter's own account with the intent to resell to an accredited investor; (v) To engage counsel in the preparation of the offering statements, and (vi) To perform any other duties necessary to provide for the sale and purchase of the Bonds. (vii) In the event that it is beneficial to the District to enter into a guaranteed investment contract as an investment option for its funds (the "Pledged Funds") secured under an indenture of trust (the "Indenture"), the Underwriter will act as a broker in bidding and securing a qualified guaranteed investment contract for the District. • Griffin Lakes Community Development District June 25, 2002 Page 2 2. Fees: The Underwriter will be responsible for all out-of-pocket expenses and the fees and disbursements of its counsel. Any fees payable to the Underwriter will be contingent upon the successful sale and delivery of the Bonds. The underwriting fee for our services for the 2002 Bonds will not exceed 1.50% of the par amount of Bonds. Fees for future issuances of Bonds will be negotiated between the District and the Underwriter by amendment of this letter agreement. If the Underwriter provides the services set forth in subsection (vii) above with regard to the 2002 Bonds, a fee of not- to-exceed five (5) basis points will be paid to the Underwriter by the guaranteed investment contract provider. 3. Termination: Both the District and the Underwriter will have the right to terminate this Agreement without cause upon 60 days notice. 4. Purchase Contract: At or before such time as the District gives its final authorization for the�2002 Bonds, the Underwriter and its counsel will deliver to the District a purchase contract (the "Purchase Contract") detailing the terms of the Series 2002 Bonds and the underwriting fees proposed. This Agreement shall be effective upon your acceptance hereof and shall remain effective until such time as the Agreement has, been terminated in accordance with Section 3 hereof. Sincerely, PRAGER,MCCARTHY&SEALY,LLC Ed Bulleit Managing Director Ced a d cepted: By: Title: Chairman Date: June 25, 2002 RU DEN 200 EAST BROWARD BOULEVARD FORT LAUDERDALE,FLORIDA 33301 MCCLOSKY SMITH POST OFFICE BOX 1900 S CH U STER & FORT LAUDERDALE,FLORIDA 33302 RUSSELL, P.A. (954)527-2410 FAX:(954)3334010 DEN ISE GANZORUDEN.COM .June 25 , 2002 Board of Supervisors Griffin Lakes Community Development District City of Dania Beach, Florida Re: Representation of Griffin Lakes Community Development District (the"District") Ladies and Gentlemen: Thank you for your consideration of this firm as bond counsel to the District. This letter will set forth the basis on which we are prepared to render services to the District. In our capacity as bond counsel, our primary responsibility will be to render an objective legal opinion with respect to the authorization and issuance of the District's proposed.special assessment bonds (the "Bonds")that will finance infrastructure improvements in the District. As bond counsel, we will examine applicable law, prepare the appropriate documents authorizing and securing the Bonds and other necessary documents, consult with the parties to the transaction prior to the issuance of the Bonds, review certified proceedings, and undertake.such additional duties as we deem necessary to render the opinion. Assuming completion of the proceedings to our satisfaction, we will render our opinion, subject to customary assumptions and limitations, that: (1) The District is an independent special district and unit of local government organized and existing under the laws of the State of Florida with the power to adopt the resolutions, as applicable, relating to the,issuance of the Bonds and to perform its obligations thereunder and to issue the Bonds; (ii) The resolutions relating to the issuance of the Bonds have each been duly adopted by the District and create a valid lien on the funds or assets pledged thereby for the security of the Bonds and each-constitutes a valid and binding obligation of the District enforceable against the District in accordance with its terms; (iii) The issuance and sale of the Bonds has been authorized by the District and upon proper execution and authentication, the Bonds constitute valid and binding obligations of the District payable in accordance with, and as limited by, the terms of the resolutions; (iv) The interest paid on the Bonds will be excluded from gross income for federal income tax purposes and is not an item of tax preference for.purposes FTL:873004:1 FORT LAUDERDALE aMIAMIaNAPLESaPORT ST. LUCIEaSARASOTAaST.PETERSBURGaTALLAHASSEEaTAMPAaWEST PALM BEACH Board of Supervisors Griffin Lakes CDD .Tune 25 , 2002 Page 2 of the federal alternative minimum tax imposed upon individuals and corporations. Our opinion as bond counsel will be executed and delivered on the date the Bonds are exchanged for their purchase price and will be based on facts and laws existing as of its date. Upon delivery of such opinion, our responsibilities as bond counsel will be concluded with respect to the Bonds. Specifically, but without limitation, we do not undertake (unless separately engaged) to provide continuing advice to the District or any other party concerning any actions necessary to assure that interest paid on the Bonds will continue to be excluded from gross income for federal income tax purposes. In rendering our opinion as bond counsel, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation. We do not review the financial condition of the District, the feasibility of any project to be financed by proceeds of the Bonds, or the adequacy of the security provided to owners of the Bonds and will express no opinion relating thereto. In performing services as bond counsel, our client will be the District and we will represent its interests. We assume that other parties to the transaction will retain such counsel as they deem necessary and appropriate to represent their interests in any transaction. Our representation of the District does not alter our responsibility to render an objective opinion as bond counsel. In addition, in our role as bond counsel we will be responsible for reviewing all resolutions to be adopted by the District in connection with the levy of the special assessments securing the Bonds. We assume that general counsel to the District will be primarily responsible for the validation hearings relating to the Bonds. However, we will review the validation proceedings prepared by general counsel and participated in the validation proceedings. We will not assume or undertake responsibility for the preparation of an Official Statement or any other disclosure document with respect to the Bonds, nor shall we be responsible for performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document, unless separately engaged by the District to act as disclosure counsel to the District. If we are not engaged as disclosure counsel and another party prepares a disclosure document that will be adopted or approved by the District, our responsibility will include the preparation or review of any description therein of Florida and federal law pertinent to the validity of the Bonds and the tax treatment of interest paid thereon, the terms of the Bonds and our opinion. In connection with the foregoing, we will charge a flat fee of $50,000, plus our actual out-of-pocket costs, not to exceed $10,000. This assumes that the Bonds will be sold at a single time. FTL:873004:1 Board of Supervisors Griffin Lakes CDD . June 25 , 2002 Page 3 If, for any reason, the issuance and sale of the Bonds is not consummated, we will not expect to receive compensation from the District for services rendered, other than reimbursement of our actual out-of-pocket costs. In the event the financing is consummated, our fees for services rendered will be paid at the closing and delivery of the Bonds, out of bond proceeds. If the foregoing is acceptable to you,i please have the appropriate officer of the District indicate the District's acknowledgment and acceptance thereof in the space provided for that purpose on the enclosed photocopy of this letter. Such execution will evidence the District's retention of Ruden McClosky as bond counsel upon the terms and conditions set forth herein. If you have any questions or comments concerning the foregoing, please do not hesitate to contact the undersigned. Very truly yours, RUDEN, McCLOSKY, SMITH, ER t& USSELL, P.A. Demse J. Ganz • DJG/kai Enclosure THE FOREGOING IS AGREED AND ACCEPTED THIS 25th DAY OF June , 2002. iffin Lake Community Development District By: Title' Chairman FTL:87 0:1 • RESOLUTION 2002-12 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS;PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE;PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION. WHEREAS, the Board of Supervisors of the Griffin Lakes Community Development District ('Board") has determined to make or cause to acquire the public improvements set forth in the plans and specifications available for review at the offices f, of Severn Trent Services, Inc., 210 North University Drive, Suite 800, Coral Springs, Florida 33071. "Improvements") and at the offices of Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600,Fort Lauderdale, Florida 33316; and WHEREAS, the Board has determined that the Griffin Lakes Community Development District ("District") shall defray the cost of the Improvements by special assessments ("Assessments");and WHEREAS, the District is empowered by Chapter 190, the Uniform Community Development District Act, and Chapter 170, Supplemental Alternative Method of Making Local and Municipal Improvements, Florida Statutes (2001), and Chapter 197, Florida Statutes (2001), to make the Improvements and to levy the Assessments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT,CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA: 1. Assessments shall be levied to defray the cost of Improvements. • 1 2. The nature of the Improvements is more specifically described in the plans and specifications on file at Severn Trent Services, Inc., 210 North University Drive, • Suite 800, Coral Springs, Florida 33071 and Calvin, Giordano & Associates, Inc. 1800 Eller Drive,Suite 600, Fort Lauderdale,Florida 33316. 3. The general location of the Improvements is shown on the plans and specifications. 4. The estimated cost of the Improvements is $8,759,363 (hereinafter referred to as the "Estimated Cost"). 5. The Assessments will defray approximately $11,700,000, which includes the Estimated Cost, plus financing related cost, a capitalized interest, debt service reserve and contingency. 6. The manner in which the Assessments shall be made is contained within a report to wit: Assessment Methodology Report, dated June 25, 2002, available at the offices of Severn Trent Services, Inc., 210 North University Drive, Suite 800, Coral Springs, Florida 33071. 7. The Assessments shall be levied on all lots and lands, within the District, which are adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated on the assessment plat referenced below. • 8. There is on file with Severn Trent Services, Inc., 210 North University Drive, Suite 800, Coral Springs, Florida 33071 and with Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316, an assessment plat showing the area to be assessed, with plans and specifications describing the Improvements and the Estimate of the Cost, which shall be open to inspection by the public. 9. The District Manager is hereby authorized and directed to cause to be made a preliminary assessment roll, as promptly as possible, which shall show the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment is divided. 10. Commencing with the year in which the Assessments are confirmed, the Assessments shall be paid in not more than thirty annual installments payable at the same time and in the same manner as are ad-valorem taxes and as prescribed by Chapter 197, Florida Statutes (2001); provided, however, that in the event the non ad- valorem assessment method of collecting the Assessments is not available to the • 2 District in any year, or the District determines not to utilize the provisions of ® Chapter 197, F.S. the Assessments may be collected as is otherwise permitted by law. 11. Upon completion of the preliminary assessment roll, the Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the assessments or the making of the Improvements, the cost thereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved. 12. The District Manager is hereby directed to cause this resolution to be published twice in a newspaper of general circulation within Broward County. PASSED AND ADOPTED this 25th_day of June, 2002. ATTEST: BOARD OF SUPERVISORS OF GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT, a Florida independent Special District Chair an • 3 RESOLUTION 2002-13 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON AUGUST,5, 2002 AT 2:00 P.M.AT THE OFFICES OF BILLING, COCHRAN, HEATH ET,AL,: 888 S.E. 3RD AVENUE, SUITE 301, FORT LAUDERDALE, FLORIDA FOR THE PURPOSE OF, HEARING PUBLIC COMMENT ON IMPOSING A SPECIAL ASSESSMENT ON CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTERS 170, 197 AND 190,FLORIDA STATUTES. WHEREAS, the Board of Supervisors of the Griffin Lakes Community Development District, ("Board") has previously adopted Resolution 2002-12,entitled A Resolution of the Board of Supervisors of the Griffin Lakes Community Development District Declaring Special Assessments; indicating the location, nature and estimated cost of those improvements whose cost is to be partially defrayed by the special assessments; providing the portion of the estimated cost of the improvements to be defrayed by the special assessments; providing the manner in which such special assessments shall be made; providing when such special ,assessments shall be made; designating lands upon which the special assessments shall be levied; ,providing for an assessment plat; authorizing the preparation of a preliminary assessment roll; providing for a public hearing to consider the advisability and propriety of said assessments and the related improvements; providing for • notice of said public hearing;providing for publication of this Resolution; and WHEREAS, in accordance with Resolution 2002-12, a preliminary assessment roll has been prepared and all other conditions precedent set forth in Chapters 170, 197 and 190, Florida Statutes; to the holding of the aforementioned public hearing have been satisfied, and are available for public inspection at the offices of the District Manager at Severn Trent Services, Inc., 210 North University Drive, Suite 800, Coral Springs, Florida 33071 and at the offices of Calvin, Giordano & Associates, Inc. 1800 Ellen Drive, Suite 600,-Fort Lauderdale, Florida 33316. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA: 1. There is hereby.declared a public hearing to be held at 2:00 P.M., August 27, 2002 at the offices of Billing, Cochran, Heath et al, 888 S.E. 3rd Avenue, Suite 301, Fort Lauderdale, Florida, for the purpose of hearing comment and objection to the proposed special assessment program for community improvements as identified in the AGENDA REQUEST FORM CITY OF DANIA BEACH e AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 5/28/02 2. DESCRIPTION OF AGENDA ITEM: GRIFFIN LAKES COMMUNITY DEVELOPMENT 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING® 4. SUMMARY EXPLANATION & BACKGROUND: PROPOSED ADOPTION OF AN ORDINANCE CREATING THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT("DISTRICT'). 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Letter from attorney Public Hearing Notice Advertisement 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date May 20, 2002 Growth Management Department City Manager Date AGENDA ITEM COVER SHEET Agenda Item No. Meeting Dates: May 14, 2002 and May 28, 2002 Consent Section �> Regular Section ® Public Hearing at May 14, 2002 meeting Subject: PETITION TO ESTABLISH GRIFFIN LADES COMMUNITY DEVELOPMENT DISTRICT Staff Recommendation: &o KWUL--- Establish the Griffin Lakes Community Development District (CDD) in accordance with the attached ordinance. Financial Impact Statement: The Petitioner intends to utilize the CDD to finance infrastructure improvements through special iassessment revenue bonds. Repayment of these bonds will be through special assessments levied against all benefited properties within the CDD. The CDD infrastructure is internally financed and does not require an allocation of City funds. Any bonds issued by the CDD are not indebtedness of the City. Background: In April, 2002, MKN Investors, L.L.C. (Petitioner) petitioned the City of Dania Beach to establish the Griffin Lakes Community Development District pursuant to Chapter 190, Florida Statutes (Uniform Community Development Act of 1980). The approximately 33.6 acre site is located in the City and is bounded, generally, to the east by Ravenswood Road, to the west by the Seaboard Heights Subdivision, to the south by the Ravenswood Gardens subdivision and to the north by Griffin Road. The proposed CDD boundaries encompass the development known as Griffin Lakes. The petition is joined in by Halliday Family's Griffin Park L.L.C., the current owner of the property in the proposed CDD. Petitioner advises that it has entered into an agreement with Halliday Family's Griffin Park L.L.C. to purchase the subject property. Such purchase is expected to occur, if at all, by May 28, 2002, which is the date scheduled for the second reading of the ordinance establishing the CDD. • FTL:880640:1 • Petitioner requests the establishment of the CDD to finance infrastructure improvements for the Griffin Lakes development through tax-exempt special assessment revenue bonds. Repayment of these bonds will be through special assessments levied against all benefited properties within the CDD. Future operation and maintenance of CDD-owned facilities is anticipated to be funded through maintenance assessments levied against all benefited properties within the CDD. Pursuant to Chapter 190, the assessments may only be levied upon the land benefited by the improvement or maintenance and must be apportioned between benefited lands in proportion to the benefits received by each tract of land. The assessments are levied by the CDD and are in addition to all applicable ad valorem taxes. Any infrastructure not financed by the CDD will be financed directly by the Petitioner. Petitioner will also pay a portion of the CDD-financed infrastructure costs. A Community Development District is an independent special-purpose, local government taxing district authorized by Chapter 190. The statutory purpose of a Community Development District is to plan, finance, construct, and/or acquire, operate, and maintain community-wide infrastructure in planned community developments. The Florida Legislature found in 190.002, F.S. that "...an independent district can constitute a timely, efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a solution to the State's planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Pursuant to Chapter 190, a public hearing is required to be held with respect to a petition seeking • establishment of a Community Development District. Chapter 190 requires the petition contain eight elements: 1. a legal description of the external boundaries of the district; 2. the written consent of all owners of real property within the proposed district; 3. the designation of the initial members of the board of supervisors; 4. the proposed name of the district; 5. a map of the district showing current major trunk water mains and sewer interceptors and outfalls if any; 6. based upon the available data, a proposed timetable for construction of the services and the estimated costs of constructing the proposed services, these estimates shall be submitted in good faith, but shall not be binding and may be subject to change; 7. a designation of the future general distribution, location and extent of public and private uses of land proposed for the district by the future land use plan of the comprehensive plan; 8. a statement of estimated regulatory costs in accordance with the requirements of j Florida Statutes Section 120.541. These elements are outlined in the petition submitted by Petitioner. The creation of the CDD does not impact the ad valorem taxing authority of the City, nor does the City incur any obligation for the debt payments of the CDD, pursuant to the provisions of • Section 190.002(3)Florida Statutes. FTL:880640:1 i • Approval of the CDD provides that the development pays for itself as it occurs and therefore furthers the concurrency requirements of the Comprehensive Plan. The CDD lacks the powers of permitting, zoning, police, and many other authorities possessed by general purpose governments. As an independent special district, the CDD's governing body establishes its own budget and, within the scope of its authorized powers, operates independently of the local general-purpose government entity whose boundaries include the CDD. The CDD landowners control the entity which provides services and levies the funds to pay for them, while the City and its residents are not involved in the management or financial responsibilities of the CDD. Residents of the CDD will learn about the existence of the CDD and its ability to impose assessments through disclosures mandated by Chapter 190. These disclosures are required to be set forth in bold type in purchase contracts for the initial sale of a home, as well as filed in the public records of the County. Additional disclosure regarding the CDD's public financing and maintenance of improvements is required to be provided to all existing residents and to all prospective residents of the CDD. City staff reviewed the petition to establish the CDD, met with Petitioner, and have no objection to approval. Based on the information contained in the petition, staff finds that the petition meets the criteria contained in Chapter 190 for establishment of a Community Development District. i i { FTL:880640:1 RU D EN 200 EAST BROWARD BOULEVARD • FORT LAUDERDALE,FLORIDA 33301 MCCLOSKY SMITH POST OFFICE BOX 1900 SCHUSTER FORT LAUDERDALE,FLORIDA 33302 & RUSSELL, P.A. (954)527-2476 a FAX:(954)333-4076 BON NIE.MISKEL@RUDE N.COM April 19, 2002 _ 2 HAND DELIVERY E D LS LouAnn Cunningham APR 19 2002 Building &Planning City of Dania Beach 100 West Beach Boulevard Dania, FL 33004 Re: Establishment of Proposed Griffin Lakes Community Development District Dear LouAnn: As we have discussed, we are enclosing an original and five copies of a petition seeking ® establishment of the Griffin Lakes Community Development District ("CDD") pursuant to Chapter 190, Florida Statutes. The petition contains the information required by Section 190.005, F.S. and demonstrates that the six criteria m Section 190.005(e)(1) through(6) required for establishing the CDD have been met. j Also enclosed is a proposed form of ordinance to be considered by the City Commission in connection with establishing the CDD, which we have prepared for your convenience. Please provide us with any comments you may have and we will make the necessary changes. If you prefer to put the ordinance on your word processing system, let us know and we will e-mail it to you. Of course, we would want to review any changes made by the City to the ordinance. We are requesting that you kindly schedule the first reading of the ordinance for May 14, 2002 and the second reading for May 28, 2002. The City Commission is also scheduled to consider certain zoning matters for the Griffin Lakes development on these meeting dates. Please note that Section 190.005(d), F.S. requires that the notice of the May 28, 2002 public hearing on the CDD petition be published once a week for the four consecutive weeks j - immediately prior to the public hearing. A form of the notice is also enclosed. The notice must be published in a"newspaper of general paid circulation in the county and of general interest and readership in the community." Some local governments believe that, based on this statutory requirement, the applicable "Neighbors" section of the Miami Herald is the appropriate place for the ad. In any event, the ad may not be placed in the portion of the newspaper in which classified ads and legal notices appear. Our client will pay for the cost of the ad, however, we request that the City Clerk arrange for placing the ad. Let us know if you want us to make any F i L:876251:1 FORT LAUDERDALE a MIAMI n NAPLES c PORT ST.LUCIE a SARASOTA c ST.PETERSBURG®TALLAHASSEE TAMPAa WEST PALM BEACH LouAnn Cunningham April 19, 2002 Page 2 changes to the ad before it is published. We assume that you will also separately advertise the ordinance as you would any other City ordinance. In order to meet the publication requirements, the notice must be published once in the week of April 291h, May 61h, May 13th and May 20th. Although this means that the first publication of the notice will be prior to the first hearing of the ordinance, our client has indicated that it is willing to take the risk that the dates for consideration of the ordinance may change and the notice will have to be re-published. It is important to the entire process that the City Clerk make sure that the ad is at the appropriate newspaper in time to permit the first publication during the week of April 29`h. Please let us know immediately if there will be any difficulty in accomplishing this. Finally, we want to note that the petition is submitted by MKN Investors, L.L.C., which has the contractual right to acquire the property within the CDD, and joined in by the current owner of such property. It is anticipated that MKN Investors, L.L.C. will own Y00% of the property in the CDD by the time of the May 28`h public hearing. • Please call me with your questions and comments and to discuss how to proceed with this matter. My partner, Denise Ganz, who is very familiar with CDDs, is also available to respond to any questions you may have. I look forward to speaking with you once you have had the opportunity to review this letter and the enclosures. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER&RUSSELL, P.A. Bonnie L. Miskel BLM/bab Enclosures cc Chuck Robbins (w/enc., via U.S. mail) Harold Eisenacher (w/enc., via U.S. mail) Dennis Lyles, Esq. (w/enc., via U.S. mail) Denise Ganz, Esq. (w/enc., via hand delivery) Jim Ward (w/enc., via U.S. mail) • Larry Leeds(w/enc., via hand delivery) LTL876251:1 :ter ,CITY RANI C 9 FLORIDA. -N. O.TICE,OF PUBLIC- HEARING FOR.-CREATION GRIFFIN LAKES, COMMUNI " EL®P EST ®�ST41'YOU ARE HEREBY*P TIFIED of a public hearing.before the City Commission ,of the.Ci y of Dania Beach,'Flodda on May 28, 2002 at7:00 pm in the Commission Chambers,af 19ja I West Dania Beach Blvd., Dania.Beach,,Florida- 33004 (.Dania Administrative Cerit6r").,lp - consider the proposed adoption_of an Ordinance creating the Griffin Lakes-Communitiq ' Development District ("District"). For information about or to inspect the.propos9 ordinance, Contact.the City's Growth Management Department, 100 West Dania Beams Blvd., Dania Beach, Florida, (954)924-3645 between the hours of 8:00 a.m. and 4:00 p.m'� Monday -Friday. The meeting is open to-the public and.will be conducted in accordance` l with Florida law. r III The_proposed District comprises approximately 33 6 acres located wholly.within the boundaries of.the City of Dania Beach, Florida .It is bounded, generally,to the east by Ravenswood Road,to the west by the Seaboard Heights subdivision, to the south by t Ravenswood Gardens subdivision and to the north by Griffin Road.. A map oft proposed District is set forth below. lrra Any person that decides to appear any decision.made' by the City Commission with respect to the Ordinance is advised that such,person will need a record of the proceedings and, accordingly, such person may need to ensure that a verbatim record: of the proceedings is made,.including the testimony and evidence upon which.such appeal be based., sib In accordance with the Americans with Disabilities Act and. Florida Statutes 286.26q persons with disabilities needing special accommodation to participate in this proceeding should contact Charlene.Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, Ft! v 33004,(954)924-3622, at least 48 hours prior to meeting. r +�` ,sib •t 1oH � Laurence Leeds,AICP se Director,Growth Management Department9A rsz ir isn 1 sib 1sM DANIA CUT'' FIF NAL ,rig. ;sib :�M :Va LO GRIFFIN ROAD W ur ,1oH O � :-1sb i'19V SUBJECT Z - I -AREA Q uW g Isn ! STIRLING ROA GRIFFIN LAKES t N LOCATION MAP \ NOT TO SCALE C*44 am IiAnaebtwbr- faoo -_: exenrnn oaammor La , aeo MONDAY,MAY 6,2ow The Herald CITY OF DANIA BEACH, FLORIDA NOTICE OF PUBLIC HEARING FOR CREATION OF GRIFFIN .LAKES COMMUNITY DEVELOPMENT DISTRICT YOU ARE HEREBY NOTIFIED of a public hearing before the City Commission of the City of Dania Beach, Florida on May 28, 2002 at 7:00 pm in the Commission Chambers at 100 West Dania Beach Blvd., Dania Beach, Florida 33004 ("Dania Administrative Center") to consider the proposed adoption of an Ordinance creating the Griffin Lakes Community Development District ("District"). For information about or to inspect the proposed ordinance, contact the City's Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida, (954)924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday.The meeting is open to the public and will be conducted in accordance with Florida law. The proposed District comprises approximately 33.6 acres located wholly within the" boundaries of the City of Dania Beach, Florida. It is bounded, generally, to the east by Ravenswood Road, to the west by the Seaboard Heights subdivision, to the south by the Ravenswood Gardans subdivision and to the north by Griffin Road. A map of the proposed District is set forth below. Any person that decides to appeal any decision made by the City Commission witty respect to the Ordinance is advised that such person will need a record of the proceedings and, accordingly, such person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. In accordance with the Americans with Disabilities Act and Florida Statutes 286.26, • persons with disabilities needing special accommodation to participate in this proceeding should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004,(954)924-3622,at least 48 hours prior to meeting. Laurence Leeds,AICP Director,Growth Management Department DANIA CUT FF C NAL ' o 0 0 J GRIFFIN ROAD ftf Of rn � w U 1— < 0 W 1— SUBJECT Q Z AREA STIRLING IROA GRIFFIN LAKES LOCATION MAP NOT TO SCALE CcMm Qm6-a emu..b. .� '►.n t.sa.ad..IN.u.uaG oela2t.)id oEa1ll.MOT W NOTICE OF PUBLIC HEARING FOR CREATION OF GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT YOU ARE HEREBY NOTIFIED of a public hearing before the City Commission of the City of Dania Beach, Florida on May 28, 2002 at 7:00 pm in the Commission Chambers at 100 West Dania Beach Blvd., Dania Beach, Florida 33004 ("Dania Administrative Center") i consider the proposed adoption of an Ordinance creating the Griffin Lakes Community Development District ("District"). For information about or to inspect the proposed ? ordinance, contact the City's Growth Management Department, 100 West Dania Beacp Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.nt Monday - Friday. The meeting is open to the public and will be conducted in accordanck with Florida law. The proposed District comprises approximately 33.6 acres located wholly within the boundaries of the City of Dania Beach, Florida. It is bounded, generally, to the east b Ravenswood Road, to the west by the Seaboard Heights subdivision, to the south by the ! Ravenswood Gardens subdivision and to the north by Griffin Road. A map of tht S proposed District is set forth below. Any person that decides to appeal any decision made by the City Commission witD respect to the Ordinance is advised that such person will need a record of the.proceedina and, accordingly, such person may need to ensure that a verbatim record of t1f.0 proceedings is made, including the testimony and evidence upon which such appeal is tb be based. 'g In accordance with the Americans with Disabilities Act and Florida Statutes 286.2;, persons with disabilities needing special accommodation to participate in this proceeding should contact Charlene Johnson, City Clerk, 100 W.-.Dania Beach Blvd, Dania Beach, Fj 33004, (954)924-3622, at least 48 hours prior to meeting. m _ a n Q,Q Laurence Leeds,AICP Director, Growth Management Department • b BA , O DANIA CUT FF C NAL - o m 93 Cr O Q Q o n GRIFFIN ROAD w rn o J W 4 p V) < a N v N W m z ~ SUBJECT Q z AREA d STIRLING ROA 14 GRIFFIN LAKES q LOCATION MAP g NOT TO SCALE C4AL C*rdw o a gym..kw- A surevm+Ptmor++ T—1.va.M.4,[d. f c iWl 000 M .® leel rtML t11fE 4 . 'oba9x1.7Tet O6t.Ci.leOf/a :M ' CM:hale al ANLrctseUm Numy,r0i9f M 1 the Resolution approving the Site Plan (SP-11-02) with the following conditions: (1) Approval of final traffic circulation plan by Fire-Rescue prior to issuance of any building permits; (2) Wall along the south lot line and wall and fence along the west lot line to be installed before issuance the first certificate of occupancy (excluding model units). (3) Resolution of garbage collection issues: Laurence Leeds, Growth Management Director, shall verify the size of the dumpster (garbage provider to provide documentation to satisfaction of Public Works/Utilities Director that six cubic yard dumpsters can be accessed from garbage vehicles), distance for dumpsters shall be placed on Site Plan and posted in the Sales Office to notify residents of the walking distance from each unit, and applicant shall pay a garbage franchise fee prior to issuance of a building permit; (4) Applicant to provide a northbound left turn lane from Ravenswood Road into the project containing at least 100 feet in length and completed prior to issuance of any certificate of occupancy. (5) Applicant to add trees in front of the linear townhouse units; (6) Space a Royal Palm in each of the clusters of the Crepe Myrtles every 100 feet along Griffin Road and Ravenswood Road, if permitted, for continuity with the Bass Pro Shops development. The motion passed on the following 510 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes d) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING THE GRIFFIN LAKES COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE ® BOARD OF SUPERVISORS; PROVIDING FOR CERTAIN SPECIAL POWERS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, adopting the Ordinance on second reading establishing the Griffin Lakes Community Development District subject to all lakes being the responsibility of the development group or association as assigned and that the City is granted permission to use the lakes for drainage purposes as necessary. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes e) CONSIDERATION AND PASSAGE OF A MOTION DETERMINING, PURSUANT TO FLORIDA STATUTES, SECTION 723.083, THAT ADEQUATE MOBILE HOME PARKS OR OTHER SUITABLE FACILITIES EXIST FOR THE RELOCATION OF THE MOBILE HOME OWNERS' OF THE SUBJECT MOBILE HOME PARKS. A motion was made by Commissioner Mikes, seconded Commissioner McElyea, determining, pursuant to Florida Statutes, Section 723.083, that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners' of the subject mobile home parks as recommended by City Attorney Ansbro. The motion MINUTES 14 MAY 28, 2002 CITY OF DANIA BEACH