06-073
II
1 ORDINANCE NO. 06-073
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, ESTABLISHING THE BOYNTON VILLAGE
4 COMMUNITY DEVELOPMENT DISTRICT;
5 ESTABLISHING THE BOUNDARIES OF THAT
6 DISTRICT; APPOINTING THE INITIAL BOARD OF
7 SUPERVISORS; PROVIDING FOR POWERS OF THE
8 BOARD; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, on June 16, 2006, 1950 Congress Avenue LLC., submitted a petition to
13 he City for the creation of a community development district to be known as the Boynton
14 illage Community Development District ("District"), in accordance with Section 190.005(2),
15 lorida Statutes; and
16 WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part
17 ereof contains the information required in Section 190.005(9)(a), Florida Statutes; and
18 WHEREAS, a public hearing on the petition was conducted by the City Commission
19 n September 6, 2006, at City Hall in accordance with the requirements of Sections
20 90.005(2)(b) and 190.005 (1) (d), Florida Statutes; and
21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in Section
22 90.005(1)( e) and the record of the public hearing held on September 6, 2006, in making its
23
etermination as to whether to grant or deny the establishment of the Community
24 evelopment District; and
25 WHEREAS, the City Commission has determined that:
26
That all statements contained within the Petition have been found to be true
1.
27 nd correct.
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1
2.
That the creation of the District is not inconsistent with any applicable element
2 <\lr portion of the State Comprehensive Plan or of the effective local government
3 fomprehensive plan.
4
3.
That the land within the proposed District is of sufficient size, sufficiently
I
5 ompact and sufficiently contiguous to be developable as one functional interrelated
6 ommunity.
7
4.
That the creation of the District is the best alternative available for delivering
8 he community development services and facilities to the lands within the District boundaries.
9
5.
That the proposed services and facilities to be provided by the District are not
10 ncompatible with the capacity and uses of existing local and regional community services and
11 acilities.
12
6.
That the area identified in the Petition IS amenable to be included in the
13 roposed District; and
14 WHEREAS, the City Commission has determined that the creation of the Boynton
15 illage Community Development District would be consistent with the criteria for community
16 evelopment districts as set forth in the Uniform Community Development District Act of
17 980,Chapter 190, Florida Statutes;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
Each Whereas clause set forth above is true and correct and herein
21 ncorporated by this reference.
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1 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the
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2 tity Commission of the City of Boynton Beach, Florida hereby establishes a community
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3 evelopment district as follows:
4
CREATION AND NAME: There is hereby created a Community Development
5 istrict to be known as BOYNTON VILLAGE COMMUNTY DEVELOPMENT DISTRICT.
6 LEGAL DESCRIPTION: The legal description for the Community Development
7 istrict is attached hereto and incorporated herein by reference in attachment 2 to the Petition
8 hich is attached as Exhibit "A" to this Ordinance. In addition, a map depicting the land area
9 0 be serviced by the District is attached to this Ordinance as Exhibit "B" and incorporated
1 0 erein by reference.
11 BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows. Their
12 erms, powers and duties are as described in Chapter 190, Florida Statues:
13
(a) James Comparato
(b) Timothy R. Kelly
(c) Alan Thomas
(d) Joseph Filippelli
(e) Michael Troxell
14
15
16
17
18
Section 3.
The Board of Supervisors shall have only such powers as set forth in
19 lorida Statutes 190.011 and 190.012.
20
Section 4.
That any individuals who purchase property in the District should be
21 dvised of the existence of the District, as well as the costs associated with owning property
22 ithin the District.
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1
Section 5.
That all ordinances or parts of ordinances in conflict herewith be and
2 ~he same are hereby repealed.
3
Section 6.
Should any section or provision of this ordinance or portion hereof, any
I
4 faragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
5 juch decision shall not affect the remainder of this ordinance.
6 Section 7. Authority is hereby granted to codify said ordinance.
7
Section 8.
This ordinance shall become effective immediately upon passage.
8
FIRST READING this 18th day of July, 2006.
9
SECOND READING and FINAL PASSAGE this
b
day of
10
s
,2006.
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CITY OF BOYNTON BEACH, FLORIDA
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Page 4 of 4
BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
Petition for Establishment of the Boynton Village Community Development District
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 3A
Exhibit 3B
Exhibit 3C
Exhibit 3D
Exhibit 3E
Exhibit 4A
Exhibit 4 B
Exhibit 5
Exhibit 6
Exhibit 7
Location Map with Current Major Trunk Water Mains and Sewer
Interceptors and Outfalls
Metes and Bounds Description
Consent of Landowners or Contract Purchasers to Establishment of the
Boynton Village Community Development District
Consent &Joinder -1950 Congress Avenue, LLC
Consent & Joinder - South Florida Devco, Ine.
Consent & Joinder - WR2, LLC
Consent & Joinder - Target Cotporation
Consent & Joinder - WR1, LLC
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
~
Public and Private Land Use Map
Statement of Estimated Regulatory Costs
Proposed Form of Ordinance to Establish Boynton Village Community
Development District
Petition
PETITION FOR ORDINANCE
TO ESTABLISH
THE
BOYNTON VILLAGE
Community Development District
~
Prepared by
Wrathell, Hart, Hunt and Associates, LLC
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
Telephone: (561) 276-0889
Facsirnile: (561) 276-3780
Website: www.whhassociates.com
Wrathell, Hart, Hunt and Associates, LLC
Building client relationships one step at a time...
Petition
BEFORE THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA
INRE:
AN ORDINANCE TO ESTABLISH
THE BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
)
)
)
PETITION
1950 Congress Avenue, LLC, a Florida limited liability company (the '<Petitioner"), hereby
petitions the City Commission of the City of Boynton Beach, Florida pursuant to the "Uniform
Community Development District Act of 1980", Chapter 190, Florida Statutes (the "Act") to adopt
an ordinance establishing a Community Development District (the '<District") on the property
described herein. In support of the Petition, Petitioner states:
1. The proposed District (as described below) is located within the incorporated area of
the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the property, delineates
the proposed boundaries of the District and shows current major trunk water mains and sewer
interceptors and outfalls. The proposed District covers approximately 101.184 + / - acres of land.
The real property within the boundaries of the proposed District is generally located West of the
Lake Worth Drainage District Canal E-4, East of Congress Avenue, North of Old Boynton Road
and South of South Florida Water Management District Canal C-16. The metes and bounds
description of the external boundaries of the District is set forth in Exhibit 2. There is no real
property within the external boundaries of the proposed District, which is to be excluded from the
District.
2. Attached to this Petition as Exhibit 3 and made a part hereof are the written consent
forms to the establishment of the District by the owners or contract purchasers of 100% of the real
property to be included in the District.
3. The five persons designated to sel'Ve as initial members of the Board of Supervisors
of the proposed District are as follows:
James Comparato
Timothy R. Kelly
Alan Thomas
Joseph Filippelli
Michael Troxell
4. The proposed name of the District to be established is Boynton Village Community
Development District (the '<District").
5. The proposed timetable for the construction of District improvements is shown in
Exhibit 4A. The estimated cost of constructing the proposed public improvements is shown in
Exhibit 4B. The information presented in both exhibits are good faith estimates and are not binding
on the Petitioner or d1e District and are subject to change.
I:\BOYNTON VILLAGE\PeLition v6.doc
Petition
6. The future general distribution, location and extent of public and private land uses
within the District are consistent with the zoning categories of suburban mixed use and C3
community commercial. The proposed uses are also consistent with the future land use plan element
of the Comprehensive Plan of the City of Boynton Beach, Florida (the "City"). The future land use
map is shown as Exhibit 5. The land within the proposed District is anticipated to be developed
with 458 townhouse units, 662 condominium units, 399,000 square feet of retail uses and 10,000
square feet of office uses. The Petitioner intends that the District will fmance (i) surface water
management included related earthwork, (ii) water distribution and wastewater collection and
transmission facilities, (iii) roadway, paving and street lighting improvements, (iv) off-site
improvements, (v) land acquisition, and (vi) related incidental costs which may include acquisition of
real property (collectively, the "Public Improvements"). Upon completion by the Petitioner of the
water distribution and wastewater collection and transmission facilities and acquisition by the
District, such facilities will be dedicated to the City to be connected to the City's existing water and
wastewater lines.
7. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with
the requirements of Section 120.541, Florida Statutes.
8. Exhibit 7 is a proposed form of ordinance to establish the Boynton Village
Community Development District, which is sirnilar in form to Ordinance No. 05-018, which
established the Renaissance Commons Community Development District.
9. Petitioner hereby requests that the proposed District be granted the right to exercise
all powers hereby requests the right to exercise all powers provided for in Section 190.012(1),
Florida Statutes and the additional powers listed in Sections 190.012(2)(a) and (d).
10. The Petitioner is 1950 Congress Avenue, LLC, a Florida limited liability company.
The Petitioner, acting on behalf of itself, South Florida Devco, Inc., a Florida Corporation, WR 2,
LLC, a Florida limited liability company, and Target Corporation, a Minnesota Corporation as the
landowners, own 100% of the real property to be included in the proposed District. The Petitioner,
South Florida Devco, Inc., WR 2, LLC, Target Corporation and WR 1, LLC, a Florida limited
liability company, as contract purchaser of certain lands within the proposed District, will develop
the land within the District, including the construction of the public infrastructure, which will be
acquired by the District. It is contemplated that the vertical improvements on the developed lots
will be constructed by the Petitioner, South Florida Devco, Inc., WR 2, LLC, Target Corporation
and WR 1, LLC, and possibly other builders. Copies of all correspondence and official notices
should also be sent to: Craig A. Wrathell, c/o Wrathell, Hart, Hunt and Associates, LLC, 1200 NW
17th Avenue, Suite 13, Delray Beach, Florida, 33445; (561) 276-0889.
11. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are consistent with applicable elements or portions of the effective City of
. Boynton Beach Comprehensive Land Use Plan, as amended.
(b) The land within the boundaries of the proposed District is of sufficient size and is
sufficiently compact and continuous to be developed as one functional interrelated community.
1:\BOYNTQN VlLLAGE\Pctilion ,.6_doc
2
Petition
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
(d) The proposed District will be the best alternative available for delivering community
development services to the area to be sel'Ved because (i) the District provides a governmental entity
responsible for delivering those services and facilities in a manner that does not financially impact
persons residing outside the District, (ii) the Act authorizes a community development district to
acquire infrastructure improvements previously constructed by the Petitioner or allows for a
community development district to, in the first instance, constmct such infrastructure
improvements, (iii) the timing for the establishment of the proposed District and the issuance of
special assessment bonds is compatible with the timing for the construction and acquisition of such
infrastmcture improvements which results in direct benefit to the landowners and their assigns
within the District, (iv) establishment of a community development district in conjunction with a
comprehensively planned community, as proposed, allows for a more efficient use of resources as
well as providing the opportunity for new growth to pay for itself, and (v) establishment of the
District will provide a perpetual entity capable of making reasonable provisions for the operation
and maintenance of many of the District services and facilities.
12. The Petitioner undertakes on behalf of the District that the District will provide full
disclosure of information relating to the public fmancing and maintenance of improvements to real
property to be undertaken by the District as required by Section 190.009 and Section 190.048,
Florida Statutes, as amended.
[Remainder of page intentionally left blank]
I:\BOYNTON Vll..LAGE\Petilion v6.doc
3
Petition
WHEREFORE, Petitioner respectfully requests the City Commission of the City of
Boynton Beach, Florida to:
Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the
establishment of the Boynton Village Community Development District and;
Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and
establishing the Boynton Village Community Development District.
Respectfully subrnitted this \ (Q.}\,l day of ~~006.
1950 Congress Avenue, LLC
a Florida limited liability company, as Petitioner
Its: Managing Member
By: Sembler Family Partnership # 35, Ltd.
a Florida limited partnership
Its: General Partner
By: Sembler Retail, Inc., a Florida corporation
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EXHIBIT 1
MAP OF THE PROPOSED DISTRICT SHOWING CURRENT MAJOR TRUNK
WATER MAINS AND SEWER INTERCEPTORS AND OUTFALLS
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 1
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REVISIONS
DATE BY
EXHIBIT 2
METES AND BOUNDS DESCRIPTION
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
C3 - Parcell, C3 - Parcel 2, C3 - Parcel 3, C3- Parcel 4, C3 - Parcel 5, C3 - Parcel 6, C3- Parcel 7,
SMU - Parcel 1, SMU - Parcel 2, SMU - Parcel 3, SMU - Parcel 4, SMU - Parcel 5, SMU- Parcel
6, SMU - Parcel 7, SMU - Parcel 8, SMU - Lake Parcel, Tract C-1, Spine Road Tract, BOYNTON
TOWN CENTER, A P.C.D., as recorded in Plat Book 106, Pages 144-151 of the Public Records of
Palm Beach County, Florida, said parcel being more particularly described as follows:
COMMENCE at the Southwest corner of the Southwest One-Quarter (1/4) of said Section 20,
Township 45 South, Range 43 East;
THENCE on a grid bearing of N01 o22'46"W along the West line of said Southwest One-Quarter
(1/4) of said Section 20 a distance of 1312.24 feet
THENCE N88037'14"E a distance of 60.00 feet to a point on the East right-of-way line of
Congress Avenue, said line also being 60.00 feet East of and parallel with the West line of the
Southwest One-Quarter (1/4) of said Section 20, said point also being the POINT OF
BEGINNING;
THENCE NOl o22'46"W a distance of 223.50 feet;
THENCE N12012'46"E a distance of 29.78 feet;
THENCE NOl o22'46"W a distance of 140.75 feet;
THENCE N38037'14"E a distance of20.23 feet;
THENCE S88037'14"W a distance of 10.00 feet;
THENCE NOl o22'46"W a distance of 75.00 feet;
THENCE S88037'14"W a distance of 10.00 feet;
THENCE NOl o22'46"W a distance of 456.21 feet;
THENCE N12009'15"E a distance of 29.91 feet;
THENCE NOl o22'46"W a distance of 286.82 feet;
THENCE N38003'52"E a distance of 17.71 feet;
THENCE N01022'46"W a distance of 89.10 feet;
THENCE N47000'33"W a distance of 25.54 feet;
Petition - E.xhibit 2
THENCE N01 023'03"W a distance of 291.1 0 feet;
THENCE N12008'37"E a distance of29.93 feet;
THENCE N01 023'03"W a distance of 285.65 feet;
THENCE N38003'52"E a distance of 22.13 feet;
THENCE S88036'57"W a distance of 21.06 feet;
THENCE NOl 023'03"W a distance of 59.00 feet;
THENCE N88036'57"E a distance of 25.06 feet;
THENCE N47000'33"W a distance of 35.06 feet;
THENCE NOI023'03"W a distance of 468.48 feet to a point on the North line of said BOYNTON
TOWN CENTER, A P.C.D.;
THENCE N87045'57"E along said North line a distance of 1485.39 feet to a point on the East line
of said BOYNTON TOWN CENTER, A P.C.D.;
THENCE S06028'18"E along said East line a distance of760.86 feet;
THENCE S30046'03"E continuing along said East line a distance of 800.00 feet;
THENCE SOOo41'03"E continuing along said East line a distance of 904.59 feet to a point on the
South line of said SMU - Parcel 2;
THENCE S89048'57"W along said South line a distance of 768.02 feet to a point of curvature of a
non-tangent curve concave to the Southwest, a radial line of said curve through said point having a
bearing of S71 014'46"W;
THENCE Southeasterly along the arc of said CUl'Ve to the right having a central angle of 18034'11"
and a radius of 646.50 feet for an arc distance of 209.53 feet to a point of tangency;
THENCE SOool1'03"E a distance of 89.52 feet to a point on the South line of said BOYNTON
TOWN CENTER, A P.C.D.;
THENCE S89048'57"W along said South line a distance of 80.00 feet;
THENCE NOOol1'03"W a distance of 15.00 feet;
THENCE S69003'41"W a distance of 42.32 feet;
THENCE S89048'57"W a distance of 439.23 feet;
THENCE NOOoll '03"W a distance of 1.00 feet;
2
Petition - Exhibit 2
THENCE S89048'57"W a distance of274.70 feet
THENCE N77046'36"W a distance of 39.56 feet
THENCE S89048'S7"W a distance of 290.70 feet;
THENCE N45047'05"W a distance of 45.01 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Pahn Beach County, Florida,
containing 101.184 Acres, (4,407,594.40 Square Feet), more or less.
3
Petition - Exhibit 2
EXHIBIT 3
CONSENT OF LANDOWNERS OR CONTRACT PURCHASERS
TO THE ESTABLISMENT OF THE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
The land described in Exhibit 2 to this Petition comprises 100% of the real property proposed to be
included within the boundaries of the Boynton Village Community Development District. Such
land is depicted graphically by plat and by Property Control Number in Exhibit 1 to this Petition
and the specific parcels to be included within the boundaries of the proposed Boynton Village
Community Development District are as follows:
Property Control
Number
Owner/Contract Purchaser
Description
08434520290030000
08434520290030010
08434520290030020
08434520290030030
08434520290030040
08434520290030050
08434520290030060
08434520290030070
08434520290120000
08434520290180000
08434520290190010
08434520290190020
08434520290190030
08434520290190040
08434520290190050
08434520290190060
08434520290190070
08434520290190080
Track C-1 (Canal Parcel)
C3 - Parcel 1
C3 - Parcel 2
C3 - Parcel 3
C3 - Parcel 4
C3 - Parcel 5
C3 - Parcel 6
C3 - Parcel 7
SMU - Lake Parcel
Spine Road Tract
SMU - Parcel 1
SMU - Parcel 2
SMU - Parcel 3
SMU - Parcel 4
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
Target Corporation
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
South Florida Devco. Ine.
South Florida Devco. Inc.
WR 2. LLC
1950 Congress Avenue. LLC as owner and
WR 1. LLC as contract Purchaser
1950 Congress Avenue. LLC as owner and
WR 1. LLC as contract Purchaser
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue, LLC
SMU - ParcelS
SMU - Parcel 6
SMU - Parcel 7
SMU - Parcel 8
Petilion . Exhibil 3
EXHIBIT 3A
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEAm )
On this ! Gl\.1 day of~06, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Jeffrey S. Fuqua, who, after being duly sworn,
deposes and says:
1. Affiant, Jeffrey S. Fuqua, an individual, is the Vice President of Sembler Retail, Inc., a
Florida corporation which is the General Partner of Sembler Family Partnership # 35,
Ltd., a Florida limited partnership which is the Managing Member of 1950 Congress
Avenue, LLC a FlOlida limited liability company (herein, the "Company");
2. The Company is the owner of the following described property, to wit:
Property Control Numbers:
08434520290030000
08434520290030010
08434520290030020
08434520290030040
08434520290030050
08434520290030060
08434520290030070
08434520290120000
08434520290180000
08434520290190040
08434520290190050
08434520290190060
08434520290190070
08434520290190080
3. Affiant, Jeffrey S. Fuqua, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed COD").
4. ~;roperty represents a portion of the real property to be included in the ProPoFfl.
',~ 1/
5. Affiant, Jeffrey S. Fuqua, on behalf of the Company, as the sole owner of the ProPyhy in
the capacity desClibed above, hereby consents to the establishment of the Prdposed
COD.
Pl1ilioll. E:>..hihil .1A,
FURTHER, AFFIANT SA YE TH NOT.
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Subscribed and sworn to before me this ~ day pfApPit, 2006, by Jeffrey S. Fuqua, the
Vice President of Sembler Retail, Inc., a Florida corporation which is the General Partner of
Sembler F~mi1y Partnership # 35, Ltd., a Florida limited partnership which is the Managing Member
of 1950,,,e:Ongress Avenue, LLC a Florida limited liability company, who personally appeared before
me, [0 is personally known to me or [ ] produced as
identification.
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Print Name: )Z-Lf g~. t Ju lA~"-t-------
Notary Public, State of Frick,,:)
My Commission Expires: \ I ~ ! / ()
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EXHIBIT 3B
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEAm )
On this )'l.f~ day of April 2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Michael J. Ryan, who, after being duly sworn,
deposes and says:
1. Affiant, Michael J. Ryan, an individual, is the President of South Florida Devco, Inc., a
Florida corporation (herein, the "Q)rporation")i
2. The Corporation is the owner of the following described property, to wit:
Property Control Numbers: 08434520290190010 and 08434520290190020
3. Affiant, Michael J. Ryan, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Q)rporation, relating to the Petition before
the City Q)rnmission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Q)mmunity Development District (the "Proposed COD").
4. The Property represents a portion of the real property to be included in the Proposed
COD.
5. Affiant, Michael J. Ryan, on behalf of the Q)rporation, as the sole owner of the Property
in the capacity described above, hereby consents to the establishment of the Proposed
COD.
IJ.,
FURTHER,AFFIANTSAYETHNOT. 1/11
~/... Ii!
r __::--:"7.:,t.
~~_. -------
Mi~~~
Subscribed and sworn to before me this i,1.I'"'day 0 pri:I;ZCf66, by Michael J. Ryan, the
President of South Florida Devco, Inc., a Florida corporation, who personally appeared before me,
~\(] is personally known to me or [ ] produced as
identification.
[NOTARIAL SEAL]
,!. "', II
IIOFFICIAL SEAL
JEAN X YIN
Notary Public, State of Illinois
My Commission Expires 10/23/07
"~~~~~
Notary: L~
Print Name~:0
Notary Public, State of Florida
My Commission Expires:
Pelllion - Exhibil 38
EXHIBIT 3C
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRIcr
STA1E OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
On this ';)0""" day of ~~006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn,
deposes and says:
1. Affiant, James Comparato, an individual, is the Manager of WR 2, LLC, a Florida limited
liability company (herein, the "Company");
2. The Company is the owner of the following described property, to wit:
Property Control Number: 08434520290190030
3. Affiant, James Comparato, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Conununity Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the Proposed
CDD.
5. Affiant, James Comparato, on behalf of the Company, as the sole owner of the Property
in the capacity described above, hereby consents to the establishment of the Proposed
CDD.
FURTHER, AFFIANT SAYETHNOT.
[NOTARIAL SEAL]
.-;,-;i,v'tU"', CLAUDETTE DIAMOND
}"'Ji;.!'f?f:.~ MY COMMISSION # DD 224139
h:.~':.rj EXPIRES: June 19, 2007
~'l,~iif.:r..W~ Bonded Thnt Notary Public Underwrilars
I C}. rl c c:f
Pl'lilillll. E,ll1hil _~c
EXHIBIT 3D
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
On this i.2: day of May 2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments,Sc.---n- }\e;\s"Y'-, who, after being duly sworn, deposes
and says:
1, Affiant, 5:C ~ ~ \5"'" , an individual, is the VItt RaP.e....-tof Target Corporation, Inc., a
Minnesota corporation (herein, the "Corporation");
2. The Corporation is the owner of the following described property, to wit:
Property Control Number: 08434520290030030
3. Affiant"SrA+"i\lp I~~ hereby represents that he has full authority to execute all
documents and instruments on behalf of the Corporation, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the Proposed
CDD.
5. Affiant,&htt-NPJ.~~ on behalf of the Corporation, as the sole owner of the Property in
the capacity described above, hereby consents to the establishment of the Proposed
CDD.
FURTHER, AFFIANT SA YETH NOT.
~-tA - 3~~~Cti
Wee Pf9sidJerg~
Target CO!pt)(atitm
, ,Subscribed and sworn to before me this J s+- day of May, 2006, by SQ:)+-t- ULs~, the
\J Ite. PteS>ldellf-/of Target Cotporation, Inc., a Minnesota corporation, who personally appeared before
me, rv(is personally known to me or r ] produced as
identification.
CAROL E. DRAKE
NOTA'~Y PUBLIC. MINNESOTA
MY COMMISSION
EXPiRES JAN. 31, 2010
Notary: ~ c: ~
Print Name: (1ro { e. 6ra. k
Notary Public, State of f11.. ~ l1.e.s o-+-~
My Commission Expires: I /:3J !Olol D
[NOTARIAL SEAL]
.~~4~ ..
Petition - Exhibit 3D
EXHIBIT 3E
AFFIDAVIT OF OWNERSHIP AND CONSENT
TOTHE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEAG:! )
.\-\.1 ~\NItI-E:--
On this 30 day ofApnl2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn,
deposes and says:
1. Affiant, James Comparato, an individual, is the Manager of \X1R 1, LLC a Florida limited
liability company (herein, the "Company");
2. The Company is the contract purchaser of the following described property, to wit:
Property Control Numbers: 08434520290190040 and 08434520290190050
3. Affiant, James Comparato, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Commnnity Development District (the "Proposed COD").
4. The Property represents a ponion of the real property to be included in the Proposed
COD.
5. Affiant, James Co mparato , on behalf of the Company, as the contract purchaser of the
Property in the capacity described above, hereby ~nsents to the establishment of the
Proposed COD. . /' .
FURlHER, AFFIANT SAYETIiNOT.
~..
/--~ ,/. - -~----'~:"!..~
/:::~~/~~~/~/./ ~?,
::".:>'/:;,( // /'/ .~/,,/ ~..j/
<,--,:.;,./ "'//~ //<~~.< f //:n.
;:-:;-.... /->..">/.-// j ,:- ",,-
Ja ,g m o. ' . '/v'5.~/ )?'#'i~
/. '//",//F, ".;d
tK= Qt,~ /
Subscribed and sworn to before me ~s SO .' day of ~(2006, by James Co~parato, the
~nager of WR 1, LLC, a Florida limited Jd.i?iIity 50mpany, who personally appeared before me, [ ]
IS personally known to me or [ or prodye'ed as
identification. ' " " .'.~. ~
. r---_
Nota I ~;Lc.,-t2.', ( --'n^--<-fy-PY-:
Print Name: ./1+u. d -e -e... \..' " 4. 11'\. C ,..I';:
Notary Public, State of Flo .
My Commission Expires: \
[NOTARIAL SEAL]
"""~'''''''' CLAUDETTE DIAMOND I
~'f"\'ll'~.\ MY COMMISSION # DD 224139
- : - EXPIRES: June 19, 2007
. Bonded Thru No1aJy Public Underwriters
) C} . J- 0 () +
Pl1itJI>n - Exhihil 'E
EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
IMPROVEMENT START DATE COMPLETE DATE
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORIZ FEBRUARY 2006 MAY 2007
WATER AND W ASTEW A TER SYSTEM MAY 2006 JUNE 2007
ROADS, PAVING & STREET LIGHTING JUNE 2006 AUGUST 2007
OFF-SITE IMPROVEMENTS SEPTEMBER 2006 DECEMBER 2006
Petition - Exhibit 4A
EXHIBIT 4B
CONSTRUCTION COSTS ESTIMATES
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
IMPROVEMENT
COST
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORK
$3,655,000
WATER AND W ASTEW A TER SYSTEM
$4,226,000
ROADS, PAVING & STREET LIGHTING
$5,165,000
OFF-SITE IMPROVEMENTS
$2,230,000
TOTAL ESTIMATED PROJECT COSTS
$15,276,000
SOFT COSTS (ENGINEERING, SURVEY, ETq
$ 1,067,000
CONTINGENCY@ 10%
$1,528,000
LAND ACQUISITION
$3,500,000
TOTAL ESTIMATED PROJECT COSTS
$21,371,000
Petition - Exh.ibit 4B
EXHIBIT 5
FUTURE LAND USE MAP
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petitjon - Exhibit 5
~ DINBnY _DIlNnAL ILDIIl _..... D.U.-
:::::::J .OOERAn DENIIITY REIIDENllAI. (MaDIll ..... 7 oZ, D.UJAa
.EDIUM DEIIIITY IlUIDIlmAL (IIlE") ..... ...e D.WAare
H'. DENBnYIlUIDENIIAL (tIDlIl....10.. DoWAano
IPECIAL HIGH DEtalTY _IlDEHTIAL (1->
~ OFFICIi CO_EIICIAL (DC)
LOCAL RETAIL CO.MERClAL (LIICJ
OEtERAL CO....ERClAL (Be)
Pll"'C & _VAn OOVE_ENI"AlJIllnrrurlllNoU. C....O~
.IXED OlE CMlQ
FLUM - EXHIBIT 5
EXHIBIT 6
STATEMENT OF ESTIMATED REGULATORY COSTS
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 6
EXHIBIT 6
BOYNTON VILLAGE
COMMUNI1Y DEVELOPMENT DISTRICT
~
Statement
of
Estimated Regulatory Costs
June 2006
Wratbell, Hart, Hunt and Associates, UC
"'11dbJg dIefII rNtioab#Jn _ .,. III . ......
Provided by
Wrathell, Hart, Hunt and Associates, LLC
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
Telephone: (561) 276-0889
Facsimile: (561) 276-3780
Website: www.whhassociates.com
Petition. Exhibit 6
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the
Boynton Village Community Development District ("District"). The proposed District will
comprise approximately 101.184 acres of land located in the City of Boynton Beach, Florida (the
"City") and is projected to contain approximately 1,120 residential units and 409,000 square feet of
retail/ office uses. The limitations on the scope of this SERC are explicitly set out in Section
190.002(2)(d), Florida Statutes ("F.S.") (governing District establishment) as follows:
"That the process of establishing such a district pursuant to uniform general law
shall be fair and based only on factors material to manaf!ing and financing the
service delivery function of the district, so that any matter concerning permitting
or planning of the development is not material or relevant (emphasis added)."
1.2 Overview of Boynton Village Community Development District
The District is designed to provide district infrastructure, services, and facilities along with their
operations and maintenance to a master planned residential development containing a currently
planned 458 townhouse and 662 condominium dwelling units as well as 399,000 square feet of retail
and 10,000 square feet of office uses within the boundaries of the District.
A Community Development District ("CDD") is an independent unit of special purpose local
government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain
community-wide infrastructure in large, planned community developments. CDDs provide a
"solution to the state's planning, management and financing needs for delivery of capital
infrastructure to service projected growth without overburdening other governments and their
taxpayers." Section 190.002(1)(a), F.S.
A CDD is not a substitute for the local, general purpose government unit, i.e., the City or County in
which the CDD lies. A CDD does not have the permitting, zoning or police possessed by general
purpose governments. A CDD is an alternative means of financing, construction, operating and
maintaining community infrastructure for developments, such as Boynton Village.
Petition - Exhibit 6
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), F.S. (2005), defines the elements a statement of estimated regulatory costs must
contain:
(a) A good faith estimate of the number of individuals and entities likely to be required to comply
with the rule, together with a general description of the types of individuals likely to be affected by
the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local government
entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and
local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local governmental entities, required to comply with the requirements of the ordinance. As
used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the rule, additional operating costs incurred, and the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis
of the impact on small counties and small cities as defined by Section 120.52, F.S. The City of
Boynton Beach is not defined as a small City for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good faith written
proposal submitted under Section 120.541, F.S.(l)(a) and either a statement adopting the alternative
or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of Estimated
Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S."
2.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the ordinance, together with a general description of the types of individuals
likely to be affected by the ordinance.
The District serves land that comprises an approximately 1 01.184 - acre master planned mixed use
development currently planned to contain 1,120 residential dwelling units and 409,000 square feet of
retail/ office uses. The estimated population of the residential portion of the District is 3,500 + /_.
The District will also include a number of non-residential landowners, whose number is expected
not to exceed 100.
2
Petition. Exhibit 6
3.0 A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed ordinance, and any
anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project and there is no anticipated
effect of the ordinance establishing the District on state or local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is the establishment of an independent local special
purpose government, there will be no enforcing responsibilities of any other government entity, but
there will be various implementing responsibilities which are identified with their costs herein.
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and enforce the
proposed establishment of the District. The District as established on the proposed land, will
encompass under 1,000 acres, therefore, the City of Boynton Beach is the establishing entity under
190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed
ordinance relate strictly to the receipt and processing of various reports that the District is required
to file with the State and its various entities. Appendix A lists the reporting requirements. The costs
to those State agencies that will receive and process the District's reports are very small, because the
District is only one of many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is inconsequential.
Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of
Florida Department of C01ll1llunity Affairs which offsets such costs.
City of Boynton Beach. Florida
The proposed land for the District is located within the City of Boynton Beach, Florida and consists
of less than 1,000 acres. The City and its staff may process, analyze, conduct a public hearing, and
vote upon the petition to establish the District. These activities will absorb some resources,
however, these costs incurred by the City will be modest for a number of reasons. First, review of
the petition to establish the District does not include analysis of the project itself. Second, the
petition itself provides much of the information needed for a staff review. Third, the City already
possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no
capital required to review the petition. Fifth, the potential costs are offset by the required filing fee
of $15,000 included with the petition to offset any expenses the City may incur in the processing of
this petition. Finally, the City routinely processes similar petitions though for entirely different
subjects, for land uses and zoning changes that are far more complex than is the petition to establish
a c01ll1llunity development district.
The annual costs to the City of Boynton Beach, because of the establishment of the District, are alsorvery small. The District is an independent unit of local government. The only annual costs the City
faces are the minimal costs of receiving and reviewing the various reports that the District is
required to provide to the City, or any monitoring expenses the City may incur if it establishes a
monitoring program for this District.
3
Petition ~ Exhibit 6
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local revenues. The
District is an independent unit of local government. It is designed to provide infrastructure facilities
and services to serve the development project and it has its own sources of revenue. No state or
local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to construct
its infrastructure, or for any other reason, are not debts of the State of Florida or any other of local
government. In accordance with State law, debts of the District are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by individuals
and entities required to comply with the requirements of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
Financing for these facilities is projected to be provided by the District.
The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The
cost estimates are shown in Table 2. Total costs for those facilities, which may be provided, are
estimated to be approximately $17,871,000. The District may levy non-ad valorem special
assessment (by a variety of names) and may issue special assessment bonds to fund the costs of
these facilities. These bonds would be repaid through non-ad valorem special assessments levied on
all properties in the District that may benefit from the District's infrastructure program as outlined
in Table 2.
Table 1
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
FACILITY FUNDED O&M OWNERSHIP
SURFACE WATER MANAGEMENT CDD CDD CDD
WATER AND W ASTEW A TER CDD CITY CI1Y
SYSTEM
ROADS, PAVING & STREET CDD CDD CDD
LIGHTING
OFF-SITE IMPROVEMENTS CDD CDD CDD
Prospective future landowners in the Development may be required to pay non-ad valorem special
assessments levied by the District to provide for facilities and secure any debt incurred through
bond issuance. In addition to the levy of non-ad valorem special assessments which may be used for
4
Petition - Exhibit 6
debt service, the District may also levy a non-ad valorem assessment to fund the operations and
maintenance of the District and its facilities and services. However, locating in the District by new
residents is completely voluntary and levy of such assessments, as well as the prospect of such
assessments, are noticed and disclosed fully. So, ultimately, all owners and users of the affected
property choose to accept the non-ad valorem assessments as a tradeoff for the services and
facilities that the District will provide. In addition, state law requires all assessments levied by the
District to be disclosed by the seller to all prospective purchasers of property within the District.
Table 2
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY
COST
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORK
WATER AND WASTEWATER SYSTEM
ROADS, PAVING & STREET LIGHTING
OFF-SITE IMPROVEMENTS
$3,655,000
$4,226,000
$5,165,000
$2,230,000
SOFT COSTS (ENGINEERING, SURVEY, ETq
CONTINGENCY @ 10%
LAND ACQUISITION
$1,067,000
$1,528,000
$3,500,000
TOTAL ESTIMATED PROJECT COSTS
$21,371,000
A CDD provides the property owners with an alternative mechanism of providing public services,
however, special assessments and other impositions levied by the District and collected by law
represent the transactional costs incurred by landowners as a result of the establishment of the
District. Such transactional costs should be considered in terms of costs likely to be incurred under
alternative public and private mechanisms of service provision, such as other independent special
districts, City or its dependent districts, or City management but financing with municipal service
benefit units and municipal service taxing units which are not districts, or private entities, all of
which can be grouped into three major categories: public district, public other, and private.
With regards to costs of public district mechanism of public services delivery to the developments
within the proposed area, dependent and other independent special districts can be used to manage
the provision of infrastructure and services, however, they are limited in the types of services they
can provide, and likely it would be necessary to employ more than one district to provide all services
needed by the development.
Other public entities, such as counties, are also capable of providing services, however, their costs in
connection with the new services and infrastructure required by the new development, transaction
5
PetitioD-E.~1>it6
costs, would be borne by all taxpayers, unduly burdening existing taxpayers and would also be
inconsistent with the State's policy of "growth paying for growth".
Lastly, services and improvements could be provided by private entities. However, their interests are
primarily short-term profits and there is no public accountability. The marginal benefits of tax-
exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to
enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be
included within the District will receive three major classes of benefits.
First, those residents in the District will receive a higher level of public . services which in most
instances will be sustained over longer periods of time than would otherwisebe the case.
I
Second, a CDD is a mechanism for assuring that the community services will be completed
concurrently with development of lands within the Development. This satisfies the revised growth
management legislation, and it assures that growth pays for itself without undue burden on other
consumers. Establishment of the District will ensure that these landowners pay for the provision of
facilities, services and improvements to these lands.
Third, a CDD is the sole form of local governance which is specifically established to provide
District landowners with planning, construction, implementation and short and long-term
maintenance of community infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not the total cost for the District
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if
applicable, what the landowners would have paid to install infrastructure via an alternative financing
mechanism.
Consequently, a Community Development District provides property owners with the option of
having higher levels of facilities and services financed through self-imposed revenue. The District is
an alternative means to manage necessary development infrastructure and services with related
financing powers. District management is no more expensive, and often less expensive, than the
alternatives of various public and private source.
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by Section
120.52; F.S.
There will be little impact on small businesses because of the establishment of the District. If
anything, the impact may be positive. This is because the District must competitively bid all of its
contracts and competitively negotiate all of its contracts with consultants. This affords small
businesses the opportunity to bid on District work.
The City of Boynton Beach has a population of 60,389 according to the Census 2000 conducted by
the United States Census Bureau and is therefore not defined as a "small" city according to Section
120.52, F.S.
6
Petition - Exhibit 6
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic theory, especially
as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the
Petitioner's Engineer and other professionals associated with the Petitioner.
In relation to the question of whether the proposed Boynton Village Community Development
District is the best possible alternative to provide community facilities and services to the project,
there are several additional factors which bear importance. As an alternative to the independent
CDD, the City of Boynton Beach could establish a dependent Special District for the area or
establish an MSBU or MSTD. Either of these alternatives could finance the improvements
contemplated in Tables 1 and 2 in a fashion similar to the proposed District.
There are a number of reasons why a dependent Special District is not the best alternative for
providing community facilities and services to the Boynton Village Community. First, unlike a CDD,
this alternative would require the City of Boynton Beach to administer the project and its facilities
and services. As a result, the costs for these services and facilities would not be directly and wholly
attributed to the land directly benefiting from them, as the case would be with a CDD.
Administering a project of the size and complexity of the development program anticipated for the
Boynton Village Community is a significant and expensive undertaking.
Second, a CDD is preferable from a government accountability perspective. With a CDD, residents
and landowners in the District would have a focused unit of government ultimately under their
direct control. The CDD can then be more responsive to resident needs without disrupting other
City responsibilities. By contrast, if the City of Boynton Beach were to establish a dependent Special
District, then the residents and landowners of the Boynton Village Community would take their
grievances and desires to the City Commission meetings.
Third, any debt of an independent CDD is strictly that District's responsibility. While it may be
technically true that the debt of a City-established, dependent Special District is not strictly the City's
responsibility, any financial problems that a dependant Special District may have may reflect on the
City. This will not be the case if a Community Development District is established.
Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the
infrastructure as well as operations and maintenance of community facilities and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital markets. Second, as a government entity a CDD can impose and collect
its assessments along with other property taxes on the County real estate tax bill. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed
District is a unit of local government. This provides a higher level of transparency, oversight and
accountability.
7
Petition - E:dUbi16
7.0 A description of any good faith written proposal submitted under Section 120.541 (1)
(a), F.S. and either a statement adopting the alternative or a statement of the reasons for
rejecting the alternative in favor of the proposed ordinance.
No written proposal, statement adopting an alternative or statement of the reasons for rejecting an
alternative have been submitted.
Based upon the information provided herein, this Statement of Estimated Regulatory Costs
supports the petition to establish the Boynton Village Community Development District.
8
Petition - E.wbit 6
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FL. STATUE
REPORT CITATION DATE
Annual
Financial
Audit 190.008/218.39 12 months after end of Fiscal Year
Annual
Financial
Report 190.008/218.32 12 months after end of Fiscal Year
TRIM
Compliance no later than 30 days following the adoption of the property tax
Report 200.068 levy ordinance/resolution (iflevying property taxes)
Form 1 - within 30 days of accepting the appointment, then every year
Statement thereafter by 7/1 (by "local officers" appointed to special district's
of Financial board); during the qualifying period, then every year thereafter by
Interest 112.3145 7/1 (by "local officers" elected to special district's board)
Public within one year of special district's creation; then annual notice of
Facilities any changes; and updated report every 5 years, 12 months prior to
Report 189.415 submission oflocal government's evaluation and appraisal report
Public
Meetings
Schedule 189.417 quarterly, semiannually, or annually
Bond
Report 218.38 when issued; within 120 days after delivery of bonds
Registered
Agent 189.416 within 30 days after first meeting of governing board
Proposed
Bud.get 189.418 prior to end of current fiscal year
Public
Depositor
Report 280.17 annually by 11/30
9
Petition - Exhibit 6
EXHIBIT 7
PROPOSED ORDINANCE TO ESTABLISH THE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 7
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.fl.us
www.boynton-beach.org
September 7, 2006
MICHAEL SZYMONOWICZ
6131 LYONS ROAD - STE 100
COCONUT CREEK FL 33073
Re: Ordinance 06-073 - Establishment of the Boynton Village Community
Development District
Dear Mr. Szymonowicz:
Attached is a certified copy of Ordinance No. 06-073 that was adopted by the City
Commission at their meeting on September 6, 2006.
If I can be of any additional assistance, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
'In. {J~
net M. Prainito, CMC
City Clerk
Attachment
S:\CC\WP\Letters\Letters to the Public\2006\Boynton Community Development District - 06-073.doc
America's Gateway to the Gulfstream
The City of Bovnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached copy of Ordinance 06-073,
consisting of four (4) pages, plus attachments that establish the Boynton
Village Community Development District, is a true and correct copy as it
appears in the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 7th day of September 2006.
~Yn. ~
NET M. PRAINITO, CMC
CITY CLERK
S:\CC\WP\certifications\Ordinances\tertification - Ordinance 06-073 - Boynton Village Cornmunity Developrnent District.doc
America's Gateway to the Gulfstream
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ORDINANCE NO. 06- 078
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, ESTABLISHING THE BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT;
ESTABLISHING THE BOUNDARIES OF TH
DISTRICT; APPOINTING THE INITIAL BOARD OF
SUPERVISORS; PROVIDING FOR POWERS 0 THE
BOARD; PROVIDING FOR CO LICTS,
SEVERABILITY, CODIFICATION AND AN FECTIVE
DATE.
S, on June 16, 2006, 1950 Congress A nue LLC., submitted a petition to
13 !the City for the crea . on of a community developme district to be known as the Boynton
14 IVillage Community Deve ment District ("Dist . t"), in accordance with Section 190.005(2)
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16 WHEREAS, the petition ich' s attached hereto as Exhibit "A" and made a part
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Ihereofcontains the information requi d' Section 190.005(9)(a), Florida Statutes; and
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WHEREAS, a public he
19 on August 15, 2006, at
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the requirements of Sections
WHEREAS the City Commission has reviewed e six (6) factors set forth in Section
22 190.005(1)(e) (l the record of the public hearing held on ugust 15, 2006, in making its
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Community
as to whether to grant or deny the establis
WHEREAS, the City Commission has determined that:
That all statements contained within the Petition have been fou d to be true
S:\CA\Ordinances\Planning\CDD Boynton Village.doc
Page 1 of 4
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That the creation of the District is not inconsistent ith any applicable element
2 or portion of the State Comprehensive Plan or of e effective local government
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3 comprehensive plan.
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That the land within the proposed istrict is of sufficient size, sufficiently
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sufficiently contiguous to be evelopable as one functional interrelated
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istrict is the best alternative available for delivering
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opose services and facilities to be provided by the District are not
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lincompatible with the capaCI
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Ifacilities.
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d in the Petition is amenable to be included in the
and uses of existing local and regional community services and
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13 proposed District;
14 ~S, the City Commission 11 s determined that the creation of the Boynton
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15 unity Development District would e consistent with the criteria for community
districts as set forth in the Uniform C munity Development District Act of
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OW, THEREFORE, BE IT ORDAINED BY THE TY COMMISSION OF
19 TH CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above is true and correct and herein
21 incorporated by this reference.
S:\CA\Ordinances\Planning\CDD Boynton Village.doc
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Section 2. In accordance with the provisions of Chapter 190, Florida Statut.0he
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City Commission of the City of Boynton Beach, Florida hereby establishes a,..(ommunity
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development district as follows:
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CREATION AND NAME: There is hereby created a Co,n'~unity Development
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be known as BOYNTON VILLAGE COMMUNTY ~ELOPMENT DISTRICT.
LEG DESCRIPTION: The legal description r the Community Development
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District
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hereto and incorporated herein by r erence in attachment 2 to the Petition
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Iwhich is attached as ibit "A" to this Ordinan/ In addition, a map depicting the land area
Ito be serviced by the Dist t is attached tJl"s Ordinance as Exhibit "B" and incorporated
herein by reference. /
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The initial Board of Supervisors are as follows. Their
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terms, powers and duties are as d
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(a)
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(b)
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(c)
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(d) \
(e) ichael Troxell
I Secli n 3. The Board of Supervisors shall have on~h powers as set forth iu
IFIOrida Stutes 190.011 and 190.012. \
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That any individuals who purchase property in th~istrict should be
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ladvi ed of the existence of the District, as well as the costs associated with o~ng property
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1 Section 5. That all ordinances or parts of ordinances in conflict~with be and
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2 the same are hereby repealed. /1
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3 Section 6. Should any section or provision of this ordin~r or portion hereof, any
4 paragraph, sentence, or word be declared by a court of compet~ jurisdiction to be invalid,
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5 such decision shall not affect the remainder of this ordinanc,{1
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6 Section. Authority is hereby granted to co~ said ordinance.
7 This ordinance shall become;lective immediately upon passage.
8 FIRST READ G this ~ day of , 2006.
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SECOND
and
PASSAGE this
day of
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,2006.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
. ce Mayor - Carl McKoy
sioner - Robert Ensler
Commissio r - Mack McCray
Commissioner -
(Corporate Seal)
S:\CA\Ordinances\Planning\CDD Boynton Village.doc
Page 4 of 4
Dfo-073
BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
Petition for Establishment of the Boynton Village Community Development District
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 3A
Exhibit 3B
Exhibit 3C
Exhibit 3D
Exhibit 3E
Exhibit 4A
Exhibit 4 B
Exhibit 5
Exhibit 6
Exhibit 7
Location Map with Current Major Trunk Water Mains and Sewer
Interceptors and Outfalls
Metes and Bounds Description
Consent of Landowners or Contract Purchasers to Establishment of the
Boynton Village Community Development District
Consent &Joinder - 1950 Congress Avenue, LLC
Consent & Joinder - South Florida Devco, Ine.
Consent & Joinder - WR2, LLC
Consent & Joinder - Target Corporation
Consent & Joinder - WR1, LLC
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
Public and Private Land Use Map
Statement of Estimated Regulat01Y Costs
Proposed Form of Ordinance to Establish Boynton Village Community
Development District
Petition
PETITION FOR ORDINANCE
TO ESTABLISH
THE
BOYNTON VILLAGE
Community Development District
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Prepared by
Wrathell, Hart, Hunt and Associates, LLC
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
Telephone: (561) 276-0889
Facsimile: (561) 276-3780
Web site: www.whhassociates.com
Wrathell, Hart, Hunt and Associates, LLC
Building client relatlonsblps one step at a time...
Petition
BEFORE THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA
INRE:
AN ORDINANCE TO ESTABLISH
THE BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
)
)
)
PETITION
1950 Congress Avenue, LLC, a Florida limited liability company (the "Petitioner"), hereby
petitions the City Commission of the City of Boynton Beach, Florida pursuant to the "Uniform
Community Development District Act of 1980", Chapter 190, Florida Statutes (the "Act") to adopt
an ordinance establishing a Community Development District (the "District") on the property
desctibed herein. In support of the Petition, Petitioner states:
1. The proposed District (as described below) is located within the incotporated area of
the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the property, delineates
the proposed boundaries of the District and shows current major trunk water mains and sewer
interceptors and outfalls. The proposed District covers approximately 101.184 + / - acres of land.
The real property within the boundaries of the proposed District is generally located West of the
Lake Worth Drainage District Canal E-4, East of Congress Avenue, North of Old Boynton Road
and South of South Florida Water Management District Canal C-16. The metes and bounds
description of the external boundaries of the District is set fotth in Exhibit 2. There is no real
property within the external boundaries of the proposed District, which is to be excluded from the
District.
2. Attached to this Petition as Exhibit 3 and made a part hereof are the written consent
forms to the establishment of the District by the owners or contract purchasers of 100% of the real
property to be included in the District.
3. The five persons designated to serve as initial members of the Board of SupenTisors
of the proposed District are as follows:
James Comparato
Timothy R. Kelly
Alan Thomas
Joseph Filippelli
Michael Troxell
4. The proposed name of the District to be established is Boynton Village Community
Development District (the "District").
5. The proposed timetable for the construction of District improvements is shown in
Exhibit 4A. The estimated cost of constructing the proposed public improvements is shown in
Exhibit 4B. The information presented in both exhibits are good faith estimates and are not binding
on the Petitioner or the District and are subject to change.
I:\BOYNrON Vll..LAGE\Pelilion \'6.doc
Pelition
6. The future general distribution, location and extent of public and private land uses
within the District are consistent with the zoning categories of suburban mixed use and C3
community commercial. The proposed uses are also consistent with the future land use plan element
of the Comprehensive Plan of the City of Boynton Beach, Florida (the "City"). The future land use
map is shown as Exhibit 5. The land within the proposed District is anticipated to be developed
with 458 townhouse units, 662 condominium units, 399,000 square feet of retail uses and 10,000
square feet of office uses. The Petitioner intends that the District will finance (i) surface water
management included related earthwork, (ii) water distribution and wastewater collection and
transmission facilities, (ill) roadway, paving and street lighting improvements, (iv) off-site
improvements, (v) land acquisition, and (vi) related incidental costs which may include acquisition of
real property (collectively, the "Public Improvements"). Upon completion by the Petitioner of the
water distribution and wastewater collection and transmission facilities and acquisition by the
District, such facilities will be dedicated to the City to be connected to the City's existing water and
wastewater lines.
7. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with
the requirements of Section 120.541, Florida Statutes.
8. Exhibit 7 is a proposed form of ordinance to establish the Boynton Village
Community Development District, which is similar in form to Ordinance No. 05-018, which
established the Renaissance Commons Community Development District.
9. Petitioner hereby requests that the proposed District be granted the right to exercise
all powers hereby requests the right to exercise all powers provided for in Section 190.012(1),
Florida Statutes and the additional powers listed in Sections 190.012(2)(a) and (d).
10. The Petitioner is 1950 Congress Avenue, LLC, a Florida limited liability company.
The Petitioner, acting on behalf of itself, South Florida Devco, Ine., a Florida Corporation, WR 2,
LLC, a Florida limited liability company, and Target Corporation, a Minnesota Corporation as the
landowners, own 100% of the real property to be included in the proposed District. The Petitioner,
South Florida Devco, Inc., WR 2, LLC, Target Corporation and WR 1, LLC, a Florida limited
liability company, as contract purchaser of certain lands within the proposed District, will develop
the land within the District, including the construction of the public infrastructure, which will be
acquired by the District. It is contemplated that the vertical improvements on the developed lots
will be constructed by the Petitioner, South Florida Devco, Inc., WR 2, LLC, Target Corporation
and WR 1, LLC, and possibly other builders. Copies of all correspondence and official notices
should also be sent to: Craig A. Wrathell, c/o Wrath ell, Hart, Hunt and Associates, LLC, 1200 NW
17th Avenue, Suite 13, Delray Beach, Florida, 33445; (561) 276-0889.
11. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are consistent with applicable elements or portions of the effective City of
. Boynton Beach Comprehensive Land Use Plan, as amended.
(b) The land within the boundaries of the proposed District is of sufficient size and is
sufficiently compact and continuous to be developed as one functional interrelated community.
I:\BOYNTON VILLAGEIPcLition v6.doc
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Petition
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
(d) The proposed District will be the best alternative available for delivering community
development services to the area to be sel"Ved because (i) the District provides a governmental entity
responsible for delivering those services and facilities in a manner that does not financially impact
persons residing outside the District, (ii) the Act authorizes a community development district to
acquire infrastructure in1.provements previously constructed by the Petitioner or allows for a
community development district to, in the ftrst instance, construct such infrastructure
improvements, (ill) the timing for the establishment of the proposed District and the issuance of
special assessment bonds is compatible with the timing for the construction and acquisition of such
infrastmcture improvements which results in direct beneftt to the landowners and their assigns
within the District, (iv) establishment of a community development district in conjunction with a
comprehensively planned conununity, as proposed, allows for a more efftcient use of resources as
well as providing the opportunity for new growth to pay for itself, and (v) establishment of the
District will provide a pel-petual entity capable of making reasonable provisions for the operation
and maintenance of many of the District services and facilities.
12. The Petitioner undertakes on behalf of the District that the District will provide full
disclosure of information relating to the public financing and maintenance of improvements to real
property to be undertaken by the District as required by Section 190.009 and Section 190.048,
Florida Statutes, as amended.
(Remainder of page intentionally left blank]
I:\BOYNTON YILLAGBPeti{ion v6.doc
3
Petition
WHEREFORE, Petitioner respectfully requests the City Commission of the City of
Boynton Beach, Florida to:
Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the
establishment of the Boynton Village Community Development District and;
Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and
establishing the Boynton Village Community Development District.
Respectfully submitted this 10.}\.t day of ~~006.
1950 Congress Avenue, LLC
a Florida limited liability company, as Petitioner
Its: Managing Member
By: Sembler Family Partnership # 35, Ltd.
a Florida limited partnership
Its: General Partner
By: Sembler Retail, Ine., a Florida corporation
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By: \>~-f+- ;/:>;>
Name: Jeffrey~' I)F~~
Title: Vice P e~aent
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EXHIBIT 1
MAP OF THE PROPOSED DISTRICT SHOWING CURRENT MAJOR TRUNK
WATER MAINS AND SEWER INTERCEPTORS AND OUT FALLS
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
PetiLion - Exhibit 1
Drawing nomll: H:\047148007-8ol"'ton VlI0I;J_\47148007\CAOO\N-IHA\EXHI8IT I.d..... EXHIBIT 1 Mor JO. 2001l 10:C5Qm by. .tOlJlh...bal_
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EXHIBIT 1
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REVISIONS
EXHIBIT 2
METES AND BOUNDS DESCRIPTION
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
C3 - Parcell, C3 - Parcel 2, C3 - Parcel 3, C3- Parcel 4, C3 - Parcel 5, C3 - Parcel 6, C3- Parcel 7,
SMU - Parcel 1, SMU - Parcel 2, SMU - Parcel 3, SMU - Parcel 4, SMU - Parcel 5, SMU - Parcel
6, SMU - Parcel 7, SMU - Parcel 8, SMU - Lake Parcel, Tract C-l, Spine Road Tract, BOYNTON
TOWN CENTER, A P.C.D., as recorded in Plat Book 106, Pages 144-151 of the Public Records of
Palm Beach County, Florida, said parcel being more particularly described as follows:
COMMENCE at the Southwest corner of the Southwest One-Quarter (1/4) of said Section 20,
Township 45 South, Range 43 East;
THENCE on a grid bearing of NOl o22'46"W along the West line of said Southwest One-Quarter
(1/4) of said Section 20 a distance of 1312.24 feet
THENCE N88037'14"E a distance of 60.00 feet to a point on the East right-of-way line of
Congress Avenue, said line also being 60.00 feet East of and parallel with the West line of the
Southwest One-Quarter (1/4) of said Section 20, said point also being the POINT OF
BEGINNING;
THENCE NOl o22'46"W a distance of 223.50 feet;
THENCE N12012'46"E a distance of 29.78 feet;
THENCE NOl o22'46"W a distance of 140.75 feet;
THENCE N38037'14"E a distance of 20.23 feet;
THENCE S88037'14"W a distance of 10.00 feet;
THENCE N01 o22'46"W a distance of 75.00 feet;
THENCE S88037'14"W a distance of 10.00 feet;
THENCE NOl o22'46"W a distance of 456.21 feet;
THENCE N12009'15"E a distance of 29.91 feet;
THENCE N01022'46"W a distance of 286.82 feet;
THENCE N38003'52"E a distance of 17.71 feet;
THENCE N01022'46"W a distance of89.10 feet;
THENCE N47000'33"W a distance of 25.54 feet;
Petition ~ Exhibit 2
THENCE NOl 023'03 "W a distance of 291.10 feet;
THENCE N12008'37"E a distance of 29.93 feet;
THENCE NOl 023'03"W a distance of 285.65 feet;
THENCE N38003' 52"E a distance of 22.13 feet;
THENCE S88036'57"W a distance of 21.06 feet;
THENCE NOl 023'03"W a distance of 59.00 feet;
THENCE N88036'57"E a distance of 25.06 feet;
THENCE N47000'33"W a distance of 35.06 feet;
THENCE NOl 023'03"W a distance of 468.48 feet to a point on the North line of said BOYNTON
TOWN CENTER, A P.C.D.;
THENCE N87045'57"E along said North line a distance of 1485.39 feet to a point on the East line
of said BOYNTON TOWN CENTER, A P.C.D.;
THENCE S06028'18"E along said East line a distance of 760.86 feet;
THENCE S30046'03"E continuing along said East line a distance of 800.00 feet;
THENCE SOo041'03"E continuing along said East line a distance of 904.59 feet to a point on the
South line of said SMU - Parcel 2;
THENCE S89048'57"W along said South line a distance of 768.02 feet to a point of curvature of a
non-tangent curve concave to the Southwest, a radial line of said curve through said point having a
bearing of S71 014'46"W;
THENCE Southeasterly along the arc of said cmve to the right having a central angle of 18034'11"
and a radius of 646.50 feet for an arc distance of 209.53 feet to a point of tangency;
THENCE SOool1'03"E a distance of 89.52 feet to a point on the South line of said BOYNTON
TOWN CENTER, A P.C.D.;
THENCE S89048'57"W along said South line a distance of 80.00 feet;
THENCE NOOoll'03"W a distance of 15.00 feet;
THENCE S69003'41 "w a distance of 42.32 feet;
THENCE S89048'57"W a distance of 439.23 feet;
THENCE NOooll '03 "w a distance of 1.00 feet;
2
Pelilion - Exhibit 2
THENCE S89048'57"W a distance of 274.70 feet
THENCE N77046'36"W a distance of 39.56 feet
THENCE S89048'57"W a distance of290.70 feet;
THENCE N45047'05"W a distance of 45.01 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Pahn Beach County, Florida,
containing 101.184 Acres, (4,407,594.40 Square Feet), more or less.
3
Petition. Exhibit 2
EXHIBIT 3
CONSENT OF LANDOWNERS OR CONTRACT PURCHASERS
TO THE ESTABLISMENT OF THE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
The land described in Exhibit 2 to this Petition comprises 100% of the real property proposed to be
included within the boundaries of the Boynton Village Community Development District. Such
land is depicted graphically by plat and by Property Control Number in Exhibit 1 to this Petition
and the specific parcels to be included within the boundaries of the proposed Boynton Village
Community Development District are as follows:
Property Control
Number
Description
Owner/Contract Purchaser
08434520290030000
08434520290030010
08434520290030020
08434520290030030
08434520290030040
08434520290030050
08434520290030060
08434520290030070
08434520290120000
08434520290180000
08434520290190010
08434520290190020
08434520290190030
08434520290190040
08434520290190050
08434520290190060
08434520290190070
08434520290190080
Track C-l (Canal Parcell
C3 - Parcel 1
C3 - Parcel 2
C3 - Parcel 3
C3 - Parcel 4
C3 - Parcel 5
C3 - Parcel 6
C3 - Parcel 7
SMU - Lake Parcel
Spine Road Tract
SMU - Parcel 1
SMU - Parcel 2
SMU - Parcel 3
SMU - Parcel 4
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
Target Corporation
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
South Florida Devco. Inc.
South Florida Devco. Ine.
WR 2. LLC
1950 Congress Avenue. LLC as owner and
WR 1. LLC as contract Purchaser
1950 Congress Avenue. LLC as owner and
WR 1. LLC as contract Purchaser
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
SMU - Parcel 5
SMU - Parcel 6
SMU - Parcel 7
SMU - Parcel 8
Petilion . Exhibit 3
EXHIBIT 3A
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
On this ! (G;l\.1 day of ~06, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Jeffrey S. Fuqua, who, after being duly sworn,
deposes and says:
1. Affiant, Jeffrey S. Fuqua, an individual, is the Vice President of Sembler Retail, Inc., a
Florida corporation which is the General Partner of Sembler Family Partnership # 35,
Ltd., a Florida limited partnership which is the Managing Member of 1950 Congress
Avenue, LLC a FlOlida limited liability company (herein, the "Company");
2. The Company is the owner of the following described property, to wit:
Property Control Numbers:
08434520290030000
08434520290030010
08434520290030020
08434520290030040
08434520290030050
08434520290030060
08434520290030070
08434520290120000
08434520290180000
08434520290190040
08434520290190050
08434520290190060
08434520290190070
08434520290190080
3. Affiant, Jeffrey S. Fuqua, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the PropoFP7
CDD., i /./
5. Affiant, Jeffrey S. Fuqua, on behalf of the Company, as the sole owner of the Propyi-ry in
the capacity desClibed above, hereby consents to the establishment of the PrQp'6sed
CDD.
Pl1ilirlll. Elo.hihlllA
FURTHER, AFFIANT SA YE TI-I NOT.
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Jeffre*~qy{r'
Subscribed and sworn to before me this il{J da:~t~~006, by Jeffrey S. Fuqua, the
Vice President of Sembler Retail, Ine., a Florida corporation which is the General Partner of
Sembler Fa;nily Partnership # 35, Ltd., a Florida limited partnership which is the Managing Member
of 1950,.eongress Avenue, LLC a Florida limited liability company, who personally appeared before
me, [0 is personally known to me or [ ] produced as
identification.
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Notary:--<; ).?'~ ~ " t/~
Print Name: 16--t ~.~ ~"lu ~t---
Notary Public, State of F ri~' (/
My Commission Expires: \! LI ! / U
[NOTARIAL SEAL]
2
l'L'l1lHlIl' E:>.hihil .1...\
EXHIBIT 3B
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STAlE OF FLORIDA )
) SS
COUNTY OF PALM BEAm )
On this ){'y~ day of April 2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Michael J. Ryan, who, after being duly sworn,
deposes and says:
1. Affiant, Michael J. Ryan, an individual, is the President of South Florida Devco, Inc., a
Florida corporation (herein, the "Corporation");
2. The Corporation is the owner of the following described property, to wit:
Property Control Numbers: 08434520290190010 and 08434520290190020
3. Affiant, Michael J. Ryan, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Corporation, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the Proposed
CDD.
5. Affiant, Michael J. Ryan, on behalf of the Corporation, as the sole owner of the Property
in the capacity described above, hereby consents to the establishment of the Proposed
CDD.
1,/"
FUR1HER, AFFIANT SA YE rn NOT. ! 1/7
~
Mi~;;.?-S~
Subscribed and sworn to before me this i.1f"'day of-ApTIt7(jd6, by Michael J. Ryan, the
President of South Florida Devco, Inc., a Florida corporation, who personally appeared before me,
VJ is personally known to me or [ ] produced as
identification.
[NOTARIAL ~EAL] . ~)
. "OFFICiAL SEAL" ]
JEAN X YIN
Notary Public, State of Illinois. :
My Commission Expires 10/23/07 1J
....,........~~""-<';;<}of)
'" . ~'l:P~~"l~~,,~.r-Y""'''''
Notary: L~
Print Name:::~
Notary Public, State of Florida
My Commission Expires:
Petition. Exhibil38
EXHIBIT 3C
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STAlE OF FLORIDA )
) S5
COUN1Y OF PALM BEAm )
On this '~O"" day of ~"12006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn,
deposes and says:
1. Affiant, James Comparato, an individual, is the Manager of WR 2, LLC, a FlOlida limited
liability company (herein, the "Company");
2. The Company is the owner of the following described property, to wit:
Property Control Number: 08434520290190030
3. Affiant, James Comparato, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed enD").
4. The Property represents a portion of the real property to be included in the Proposed
enD.
5. Affiant, James Comparato, on behalf of the Company, as the sole owner of the Property
in the capacity described above, hereby consents to the establishment of the Proposed
enD.
FUR1HER, AFFIANT SA YE TI-I NOT. //>;-<~::::/ v--:.;;:~--
//;j'~S.jf!:~~~!;2c',,_ ~,
Subscnbed and sworn to before me ~is ~i~ ~~:;E.~006'bY ;:e$ :~o,
the ~nager of WR 2, LLC, a Florida limite~li.3-bi:lity company, who personally appeared before me,
[ L--( is personally known to me or [ ] produced as
identification. ,_
,"';f,~'tu'", CUlUDElTE DIAMOND
f..~"I'" ~~~ MYCOMMISSION#DD224139
~ ; - EXPIRES: June 19, 2007
Bonded Thru Notary Public Underwriters
Notary:
[NOTARIAL SEAL]
I C). d 0 c~
P,"rilillll E\hihir .~c
EXHIBIT 3D
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
On this J ~ day of May 2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments,Sc..-rt- ~\s~, who, after being duly sworn, deposes
and says:
1. Affiant, ~..-ll;- ~ \SLlv\ , an individual, is the V/tc, RaP-e....-tof Target Corporation, Inc., a
Minnesota corporation (herein, the "Corporation");
2. The Corporation is the owner of the following described property, to wit:
Property Control Number: 08434520290030030
3. Affiant,Sr~"'IFi\\p I~~ hereby represents that he has full authority to execute all
documents and instruments on behalf of the Corporation, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the Proposed
CDD.
5. Affiant,&1itt-~J.~~ on behalf of the Corporation, as the sole owner of the Property in
the capacity described above, hereby consents to the establishment of the Proposed
CDD.
FURTHER, AFFIANT SA YETH NOT.
~--tL - &1nft WkM""
Wee Presiden~
Target C,wprxatioft
, ,Subscribed and sworn to before me this 1 s+- day of May, 2006, by S'co+-t-- ~eLs~ ' the
V.e.e. P1 es,1 Jetlf--/of Target Corporation, Inc., a Minnesota corporation, who personally appeared before
me, [vYis personally known to me or [ ] produced as
identification.
CAROL E. DRAKE
NOTARY PUBlIC. MiNNESOTA
MY COMMISSION
EXPlRESJAN. 31, 2010
Notary: ~ ~ ~
Print Name: Gro I 15. lJra. k
Notary Public, State of t\1,' ~"'e.s()"I...",-
My Commission Expires: I /::3J /c;).OI D
[NOTARIAL SEAL]
Petition - Exhibil3D
EXHIBIT 3E
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICf
STATE OF FLORIDA )
) SS
COUNTY OF P AIM BEAm )
, I-Vt ~Wtle.,
On this 3 U day ofAphl2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn,
deposes and says:
1. Mfiant, James Comparato, an individual, is the Manager of WR 1, LLC a Florida limited
liability company (herein, the" Company");
2. The Company is the contract purchaser of the following described property, to wit:
Property Control Numbers: 08434520290190040 and 08434520290190050
3. Mfiant, James Comparato, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed COD").
4. The Property represents a portion of the real property to be included in the Proposed
CDD.
S. Mfiant, James Comparato, on behalf of the Company, as the contract purchaser of the
Property in the capacity described above, hereby ~nsents to the establishment of the
Proposed CDD.
/'
,- ..
,//;~~<~~~' //,<~/;;~~~-~_.
./ "/.~';'//';/.../'///-P;..' /~,/.<,,/ 0..y::/J
~// . //.-;.:. i:>.C;/. / ..... ';//.>.~< ".'..." //
/ ,=-_~_j/ .,?;'-/ ,:;/ l~~'? ,//"/ ,
./ Ja . '" m 0.'" /://';,~>;' /%~'i~
, ." I ..' .' '/ /" ,.'/,,?u/_
Subscribed and sworn to before me tws .sO~y of 9i~06, by James' Co~rato, the
~nager of WR 1, LLC, a Florida limitedJi~ility 50mpany, who personally appeared before me, [ ]
IS personally known to me or [ t( Pfodye'ed as
identification. ' ~__~
Nota ( --'-Y_Oy-P~
Print Name: 114--u. d ~ -€--' I' 4. /1, C ,J';?
Notary Public, State of Flo?;
My o,rnmission Expire" ~-~-tv",,--, )<J, JO ,,+
FUR1HER, AFFIANTSAYE1HNOT.
[NOTARIAL SEAL]
""'IVU",,, ClAUDETTE DIAMOND
t.f~i>>.~~ MY COMMISSION # DO 224139
~.J~I}.r~1 EXPIRES: June 19, 2007
~~P.r.;f:I~' Bonded Thru NotaIy PublIc Underwriters
Pt111mn Exhihil ~E
EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
IMPROVEMENT START DATE COMPLETE DATE
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORK. FEBRUARY 2006 MAY 2007
WATER AND W ASTEW A TER SYSTEM MAY 2006 JUNE 2007
ROADS, PAVING & STREET LIGHTING JUNE 2006 AUGUST 2007
OFF-SITE IMPROVEMENTS SEPTEMBER 2006 DECEMBER 2006
Petition - Exhibit 4A
EXHIBIT 4B
CONSTRUCTION COSTS ESTIMATES
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
IMPROVEMENT
COST
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORK
$3,655,000
WATER AND WASTEWATER SYSTEM
$4,226,000
ROADS, PAVING & STREET LIGHTING
$5,165,000
OFF-SITE IMPROVEMENTS
$2,230,000
TOTAL ESTIMATED PROJECT COSTS
$15,276,000
SOFT COSTS (ENGINEERING, SURVEY, ETq
$ 1,067,000
CONTINGENCY@ 10%
$1,528,000
LAND ACQUISITION
$3,500,000
TOTAL ESTIMATED PROJECT COSTS
$21,371,000
Petilion - Exhibit -l.B
EXHIBIT 5
FUTURE LAND USE MAP
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petitjon - Exhibit 5
I
I
i
I
I
I
f
=:J ~ DINlIITY _DINnAL (LDIlj _..... D.U.-
.~:::] MDDEIlATE DENlIfTY .E.'DENn"L (lll0IIltl ..... 702. D.UJAc
MEDIUM DENaITY llEaIDENI"IAL (III-I -. .... 0.11.'......
HIDH DliNaITY .OIllINnAL ("Ilj ..-. 10.. D.w""...
SPECIAL HIOft DE_ITY .SlIENTlAL (aHDR)
(
--~-- - \
LOCAL .nAlL CO....EIIClAL (LRC)
aEfERAL CO....ERClAL (OC'
"-'ale & "VATE GOVERNIIENI'ALII....nvnONAL .....81)
MIXED.... (IIIlQ
MIXED USE CORE (IIXC)
MIXED &ME .U"_" (III""
FLUM - EXHIBIT 5
EXHIBIT 6
STATEMENT OF ESTIMATED REGULATORY COSTS
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 6
EXHIBIT 6
BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
Statement
of
Estimated Regulatory Costs
June 2006
Wrathell, Hart, Hunt and Associates, UC
"""."" dIfttt ~bIJM _.,.,,,,. '*--
Provided by
Wrathell, Hart, Hunt and Associates, LLC
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
Telephone: (561) 276-0889
Facsimile: (561) 276-3780
Website: www.whhassociates.com
Petition . Exhibit 6
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the
Boynton Village Community Development District ("District"). The proposed District will
comprise approximately 101.184 acres of land located in the City of Boynton Beach, Florida (the
"City") and is projected to contain approximately 1,120 residential units and 409,000 square feet of
retail/ office uses. The limitations on the scope of this SERC are explicidy set out in Section
190.002(2)(d), Florida Statutes ("F.S.") (governing District establishment) as follows:
II That the process of establishing such a district pursuant to uniform general law
shall be fair and based onlv on factors material to manaf!ing and financing the
service deliverv function of the district. so that anv matter concerning permitting
or olanning of the develooment is not material or relevant (emphasis added)."
1.2 Overview of Boynton Village Community Development District
The District is designed to provide district infrastructure, services, and facilities along with their
operations and maintenance to a master planned residential development containing a currendy
planned 458 townhouse and 662 condominium dwelling units as well as 399,000 square feet of retail
and 10,000 square feet of office uses within the boundaries of the District.
A Community Development District ("CDD") is an independent unit of special purpose local
government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain
community-wide infrastructure in large, planned community developments. CDDs provide a
"solution to the state's planning, management and financing needs for delivery of capital
infrastructure to service projected growth without overburdening other governments and their
taxpayers." Section 190.002(1)(a), F.S.
A CDD is not a substitute for the local, general purpose government unit, i.e., the City or County in
which the CDD lies. A CDD does not have the permitting, zoning or police possessed by general
purpose governments. A CDD is an alternative means of financing, construction, operating and
maintaining community infrastructure for developments, such as Boynton Village.
Petition - Exhibit 6
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2005), defines the elements a statement of estimated regulatory costs must
contain:
(a) A good faith estimate of the number of individuals and entities likely to be required to comply
with the rule, together with a general description of the types of individuals likely to be affected by
the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local government
entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and
local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local governmental entities, required to comply with the requirements of the ordinance. As
used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the rule, additional operating costs incurred, and the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis
of the impact on small counties and small cities as defined by Section 120.52, F.S. The City of
Boynton Beach is not defined as a small City for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good faith written
proposal submitted under Section 120.541, F.S.(l)(a) and either a statement adopting the alternative
or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of Estimated
Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S."
2.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the ordinance, together with a general description of the types of individuals
likely to be affected by the ordinance.
The District serves land that comprises an approximately 101.184 - acre master planned mixed use
development currently planned to contain 1,120 residential dwelling units and 409,000 square feet of
retail/ office uses. The estimated population of the residential portion of the District is 3,500 + / -.
The District will also include a number of non-residential landowners, whose number is expected
not to exceed 100.
2
Petition - Exhibit 6
3.0 A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed ordinance, and any
anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project and there is no anticipated
effect of the ordinance establishing the District on state or local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is the establishment of an independent local special
purpose government, there will be no enforcing responsibilities of any other government entity, but
there will be various implementing responsibilities which are identified with their costs herein.
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and enforce the
proposed establishment of the District. The District as established on the proposed land, will
encompass under 1,000 acres, therefore, the City of Boynton Beach is the establishing entity under
190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed
ordinance relate strictly to the receipt and processing of various reports that the District is required
to file with the State and its various entities. Appendix A lists the reporting requirements. The costs
to those State agencies that will receive and process the District's reports are very small, because the
District is only one of many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is inconsequential.
Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of
Florida Department of Community Affairs which offsets such costs.
City of Boynton Beach. Florida
The proposed land for the District is located within the City of Boynton Beach, Florida and consists
of less than 1,000 acres. The City and its staff may process, analyze, conduct a public hearing, and
vote upon the petition to establish the District. These activities will absorb some resources,
however, these costs incurred by the City will be modest for a number of reasons. First, review of
the petition to establish the District does not include analysis of the project itself. Second, the
petition itself provides much of the information needed for a staff review. Third, the City already
possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no
capital required to review the petition. Fifth, the potential costs are offset by the required filing fee
of $15,000 included with the petition to offset any expenses the City may incur in the processing of
this petition. Finally, the City routinely processes similar petitions though for entirely different
subjects, for land uses and zoning changes that are far more complex than is the petition to establish
a community development district.
The annual costs to the City of Boynton Beach, because of the establishment of the District, are also
very small. The District is an independent unit of local government. The only annual costs the City
faces are the minimal costs of receiving and reviewing the various reports that the District is
required to provide to the City, or any monitoring expenses the City may incur if it establishes a
monitoring program for this District.
3
Petition. Exhibit 6
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local revenues. The
District is an independent unit of local government. It is designed to provide infrastructure facilities
and services to serve the development project and it has its own sources of revenue. No state or
local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to construct
its infrastructure, or for any other reason, are not debts of the State of Florida or any other of local
government. In accordance with State law, debts of the District are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by individuals
and entities required to comply with the requirements of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
Financing for these facilities is projected to be provided by the District.
The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The
cost estimates are shown in Table 2. Total costs for those facilities, which may be provided, are
estimated to be approximately $17,871,000. The District may levy non-ad valorem special
assessment (by a variety of names) and may issue special assessment bonds to fund the costs of
these facilities. These bonds would be repaid through non-ad valorem special assessments levied on
all properties in the District that may benefit from the District's infrastructure program as outlined
in Table 2.
Table 1
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
FACILITY FUNDED O&M OWNERSHIP
SURFACE WATER MANAGEMENT CDD CDD CDD
WATER AND W ASTEW A TER CDD CITY CITY
SYSTEM
ROADS, PAVING & STREET CDD CDD CDD
LIGHTING
OFF-SITE IMPROVEMENTS CDD CDD CDD
Prospective future landowners in the Development may be required to pay non-ad valorem special
assessments levied by the District to provide for facilities and secure any debt incurred through
bond issuance. In addition to the levy of non-ad valorem special assessments which may be used for
4
Petition - Exh1bit 6
debt service, the District may also levy a non-ad valorem assessment to fund the operations and
maintenance of the District and its facilities and services. However, locating in the District by new
residents is completely voluntary and levy of such assessments, as well as the prospect of such
assessments, are noticed and disclosed fully. So, ultimately, all owners and users of the affected
property choose to accept the non-ad valorem assessments as a tradeoff for the services and
facilities that the District will provide. In addition, state law requires all assessments levied by the
District to be disclosed by the seller to all prospective purchasers of property within the District.
Table 2
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY
COST
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORK
WATER AND WASTEWATER SYSTEM
ROADS, PAVING & STREET LIGHTING
OFF-SITE IMPROVEMENTS
$3,655,000
$4,226,000
$5,165,000
$2,230,000
SOFT COSTS (ENGINEERING, SURVEY, ETq
CONTINGENCY @ 10%
LAND ACQUISITION
$1,067,000
$1,528,000
$3,500,000
TOTAL ESTIMATED PROJECT COSTS
$21,371,000
A CDD provides the property owners with an alternative mechanism of providing public services,
however, special assessments and other impositions levied by the District and collected by law
represent the transactional costs incurred by landowners as a result of the establishment of the
District. Such transactional costs should be considered in terms of costs likely to be incurred under
alternative public and private mechanisms of service provision, such as other independent special
districts, City or its dependent districts, or City management but financing with municipal service
benefit units and municipal service taxing units which are not districts, or private entities, all of
which can be grouped into three major categories: public district, public other, and private.
With regards to costs of public district mechanism of public services delivery to the developments
within the proposed area, dependent and other independent special districts can be used to manage
the provision of infrastructure and services, however, they are limited in the types of services they
can provide, and likely it would be necessary to employ more than one district to provide all services
needed by the development.
Other public entities, such as counties, are also capable of providing services, however, their costs in
connection with the new services and infrastructure required by the new development, transaction
5
Petition. E.wmt 6
costs, would be borne by all taxpayers, unduly burdening existing taxpayers and would also be
inconsistent with the State's policy of "growth paying for growth".
Lastly, services and improvements could be provided by private entities. However, their interests are
primarily short-term profits and there is no public accountability. The marginal benefits of tax-
exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to
enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be
included within the District will receive three major classes of benefits.
First, those residents in the District will receive a higher level of public _ services which in most
instances will be sustained over longer periods of time than would otherwisehe the case.
I
Second, a CDD is a mechanism for assuring that the community services will be completed
concurrently with development of lands within the Development. This satisfies the revised growth
management legislation, and it assures that growth pays for itself without undue burden on other
consumers. Establishment of the District will ensure that these landowners pay for the provision of
facilities, services and improvements to these lands.
Third, a CDD is the sole form of local governance which is specifically established to provide
District landowners with planning, construction, implementation and short and long-term
maintenance of community infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not the total cost for the District
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if
applicable, what the landowners would have paid to install infrastructure via an alternative financing
mechanism.
Consequently, a Community Development District provides property owners with the option of
having higher levels of facilities and services financed through self-imposed revenue. The District is
an alternative means to manage necessary development infrastructure and services with related
financing powers. District management is no more expensive, and often less expensive, than the
alternatives of various public and private source.
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by Section
120.52,. F.S.
There will be little impact on small businesses because of the establishment of the District. If
anything, the impact may be positive. This is because the District must competitively bid all of its
contracts and competitively negotiate all of its contracts with consultants. This affords small
businesses the opportunity to bid on District work.
The City of Boynton Beach has a population of 60,389 according to the Census 2000 conducted by
the United States Census Bureau and is therefore not defined as a "small" city according to Section
120.52, F.S.
6
Petition - Exhibit 6
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic theory, especially
as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the
Petitioner's Engineer and other professionals associated with the Petitioner.
In relation to the question of whether the proposed Boynton Village Community Development
District is the best possible alternative to provide community facilities and services to the project,
there are several additional factors which bear importance. As an alternative to the independent
CDD, the City of Boynton Beach could establish a dependent Special District for the area or
establish an MSBU or MSTU. Either of these alternatives could finance the improvements
contemplated in Tables 1 and 2 in a fashion similar to the proposed District.
There are a number of reasons why a dependent Special District is not the best alternative for
providing community facilities and services to the Boynton Village Community. First, unlike a CDD,
this alternative would require the City of Boynton Beach to administer the project and its facilities
and services. As a result, the costs for these services and facilities would not be directly and wholly
attributed to the land directly benefiting from them, as the case would be with a CDD.
Administering a project of the size and complexity of the development program anticipated for the
Boynton Village Community is a significant and expensive undertaking.
Second, a CDD is preferable from a government accountability perspective. With a CDD, residents
and landowners in the District would have a focused unit of government ultimately under their
direct control. The CDD can then be more responsive to resident needs without disrupting other
City responsibilities. By contrast, if the City of Boynton Beach were to establish a dependent Special
District, then the residents and landowners of the Boynton Village Community would take their
grievances and desires to the City Commission meetings.
Third, any debt of an independent CDD is strictly that District's responsibility. While it may be
technically true that the debt of a City-established, dependent Special District is not strictly the City's
responsibility, any financial problems that a dependant Special District may have may reflect on the
City. This will not be the case if a Community Development District is established.
Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the
infrastructure as well as operations and maintenance of community facilities and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital markets. Second, as a government entity a CDD can impose and collect
its assessments along with other property taxes on the County real estate tax bill. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed
District is a unit of local government. This provides a higher level of transparency, oversight and
accountability.
7
Petition - Exhibit 6
7.0 A description of any good faith written proposal submitted under Section 120.541 (1)
(a), F.S. and either a statement adopting the alternative or a statement of the reasons for
rejecting the alternative in favor of the proposed ordinance.
No written proposal, statement adopting an alternative or statement of the reasons for rejecting an
alternative have been submitted.
Based upon the information provided herein, this Statement of Estimated Regulatory Costs
supports the petition to establish the Boynton Village Community Development District.
8
Petition - Exhibit 6
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FL. STATUE
REPORT CITATION DATE
Annual
Financial
Audit 190.008/218.39 12 months after end of Fiscal Year
Annual
Financial
Report 190.008/218.32 12 months after end of Fiscal Year
TRIM
Compliance no later than 30 days following the adoption of the property tax
Report 200.068 levy ordinance/resolution (iflevying property taxes)
Form 1 - within 30 days of accepting the appointment, then every year
Statement thereafter by 7/1 (by "local officers" appointed to special district's
of Financial board); during the qualifying period, then every year thereafter by
Interest 112.3145 7/1 (by "local officers" elected to special district's board)
Public within one year of special district's creation; then annual notice of
Facilities any changes; and updated report every 5 years, 12 months prior to
Report 189.415 submission of local government's evaluation and appraisal report
Public
Meetings
Schedule 189.417 Quarterly, semiannually, or annually
Bond
Report 218.38 when issued; within 120 dayS after delivery of bonds
Registered
Agent 189.416 within 30 days after first meeting of governing board
Proposed
Budget 189.418 prior to end of current fiscal year
Public
Depositor
Report 280.17 annually by 11/30
9
Petition - Exlubit 6
EXHIBIT 7
PROPOSED ORDINANCE TO ESTABLISH THE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 7
II
1
ORDINANCE NO. 06- 012J
13 the City for the crea . on of a community developme district to be known as the Boynton
Village Community Dev~ment District ("Dist . t"), in accordance with Section 190.005(2)
, Florida Statutes; and '"
WHEREAS, the petition iChJattached hereto as Exhibit "A" and made a part
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, ESTABLISHING THE BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT;
ESTABLISHING THE BOUNDARIES OF TH
DISTRICT; APPOINTING THE INITIAL BOARD OF
SUPERVISORS; PROVIDING FOR POWERS 0 THE
BOARD; PROVIDING FOR CO LICTS,
SEVERABILITY, CODIFICATION AND AN FECTIVE
DATE.
2
3
4
5
~~
9
10
11
12
S, on June 16,2006, 1950 Congress Av, nue LLC., submitted a petition to
14
15
16
18 WHEREAS, a public he
the requirements of Sections
17 hereof contains the information requi d' Section 190.005(9)(a), Florida Statutes; and
19 on August 15, 2006, at
20
21 WHEREAS the City Commission has reviewed e six (6) factors set forth in Section
22 190.005(1)(e) a (l the record of the public hearing held on ugust 15,2006, in making its
23
as to whether to grant or deny the establis
Community
24
25
WHEREAS, the City Commission has determined that:
26
1.
That all statements contained within the Petition have been fou d to be true
27
:ICAIOrdinanceslPlanninglCDD Boynton Village. doc
Page 1 of 4
II
1
2.
That the creation of the District is not inconsistent ith any applicable element
2
or portion of the State Comprehensive Plan or of ~ effective local government
//
comprehensive plan. /
3. That the land within the propose~trict is of sufficieot size, sufficiently
sufficiently contiguous to be )evelopable as one functional interrelated
/
I
at the creation of the ~trict is the best alternative available for delivering
3
4
5
6
7
4.
8
ment service and facilities to the lands within the District boundaries.
9
5.
opose services and facilities to be provided by the District are not
10 and uses of existing local and regional community services and
11 facilities.
12
6.
d in the Petition is amenable to be included III the
13 proposed District;
14 ~S, the City Commission 11 s determined that the creation of the Boynton
15 Village Com unity Development District would e consistent with the criteria for community
16
districts as set forth in the Uniform C munity Development District Act of
17
18
OW, THEREFORE, BE IT ORDAINED BY THE TY COMMISSION OF
19 CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
Each Whereas clause set forth above is true and correct and herein
21 incorporated by this reference.
S:ICAIOrdinanceslPlanninglCDD Boynton Village.doc
Page 2 of 4
II
1
)
Section 2. In accordance with the provisions of Chapter 190, Florida Sta~
City Commission of the City of Boynton Beach, Florida hereby establishes a~mmunity
/
J'
/
2
3
development district as follows:
.,;"~
4
CREATION AND NAME: There is hereby created a c~unity Development
District be known as BOYNTON VILLAGE COMMUNTY D~~LOPMENT DISTRICT.
/
DESCRIPTION: The legal description J0f'the Community Development
hereto and incorporated herein by ~ence in attachment 2 to the Petition
which is attached as ibit "A" to this Ordinance/IIn addition, a map depicting the land area
/
!
to be serviced by the Dist t is attached to ~s Ordinance as Exhibit "B" and incorporated
I
/
/
5
6
7
8
9
10
herein by reference.
11
The initial Board of Supervisors are as follows. Their
12
terms, powers and duties are as d
13
(a)
14
(b)
18
\
"
ichaeI Troxell \
The Board of Supervisors shaH have on~ powers as set forth in
Florida Stutes 190.011 and 190.012. "
'\"
ection 4. That any individuals who purchase property in the'~istrict should be
advi ed of the existence of the District, as well as the costs associated with ~ng property
"
15
(c)
16
(d)
17
(e)
19
20
21
22
S:ICAIOrdinanceslPlanninglCDD Boynton Village.doc
Page 3 of 4
II
1/
1 Section 5. That all ordinances or parts of ordinances in conflict Iyfewith be and
/
2 the same are hereby repealed./
/
3
Should any section or provision of this ordina~ or portion hereof, any
J
paragraph, sentence, or word be declared by a court of compet~'jUriSdiction to be invalid,
(
/
such decision shall not affect the remainder of this ordinanc~/!
)'
Authority is hereby granted to co~ said ordinance.
This ordinance shall become ~ctive immediately upon passage.
FIRST READ G this ~ day of ;L'1 ' 2006.
I
and ~~AL PASSAGE this
/'
Section 6.
4
5
6
Commissioner - uir C. Ferguson
\
'\"
7
8
day
of
9
SECOND
10
,2006.
CITY OF BOYNTON BEACH, FLORIDA
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
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\
'\ Mayor - Jerry Taylor
\
sioner - Robert Ensler
Commissio r - Mack McCray
(Corporate Seal) "'",
\
S:\CA\Ordinances\Planning\CDD Boynton Village. doc '\.
Page 4 of 4 .
CIo-073
BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
Petition for Establishment of the Boynton Village Community Development District
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 3A
Exhibit 3B
Exhibit 3C
Exhibit 3D
Exhibit 3E
Exhibit 4A
Exhibit 4 B
Exhibit 5
Exhibit 6
Exhibit 7
Location Map with Current Major Trunk Water Mains and Sewer
Interceptors and Outfalls
Metes and Bounds Description
Consent of Landowners or Contract Purchasers to Establishment of the
Boynton Village Community Development District
Consent & Joinder - 1950 Congress Avenue, LLC
Consent & Joinder - South Florida Devco, Ine.
Consent & Joinder - WR2, LLC
Consent & Joinder - Target C01poration
Consent & Joinder - WR1, LLC
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
Public and Private Land Use Map
Statement of Estimated Regulatory Costs
Proposed Form of Ordinance to Establish Boynton Village Community
Development District
Petition
PETITION FOR ORDINANCE
TO ESTABLISH
THE
BOYNTON VILLAGE
Community Development District
~
Prepared by
WrathelZ, Hart, Hunt and Associates, LLC
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
Telephone: (561) 276-0889
Facsimile: (561) 276-3780
Website: www.whhassociates.com
Wrathell, Hart, Hunt and Associates, LLC
Building client relationships 0_ step at a time...
Pclilion
BEFORE THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA
INRE:
AN ORDINANCE TO ESTABLISH
THE BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
)
)
)
PETITION
1950 Congress Avenue, LLC, a Florida limited liability company (the "Petitioner"), hereby
petitions the City Commission of the City of Boynton Beach, Florida pursuant to the "Uniform
Community Development District Act of 1980", Chapter 190, Florida Statutes (the "Act") to adopt
an ordinance establishing a Community Development District (the "District") on the property
described herein. In support of the Petition, Petitioner states:
1. The proposed District (as described below) is located within the incorporated area of
the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the property, delineates
the proposed boundaries of the District and shows current major trunk water mains and sewer
interceptors and outfalls. The proposed District covers approximately 101.184 + / - acres of land.
The real property within the boundaries of the proposed District is generally located West of the
Lake Worth Drainage District Canal E-4, East of Congress Avenue, North of Old Boynton Road
and South of. South Florida Water Management District Canal C-16. The metes and bounds
description of the external boundaries of the District is set forth in Exhibit 2. There is no real
property within the external boundaries of the proposed District, which is to be excluded from the
District.
2. Attached to this Petition as Exhibit 3 and made a part hereof are the written consent
forms to the establishment of the District by the owners or contract purchasers of 100% of the real
property to be included in the District.
3. The five persons designated to sel"Ve as initial members of the Board of Supel"Visors
of the proposed District are as follows:
James Comparato
Timothy R. Kelly
Alan Thomas
Joseph Filippelli
Michael Troxell
4. The proposed name of the District to be established is Boynton Village Community
Development District (the "District").
5. The proposed timetable for the construction of District improvements is shown in
Exhibit 4A. The estimated cost of constructing the proposed public improvements is shown in
Exhibit 4B. The information presented in both exhibits are good faith estimates and are not binding
on the Petitioner or the District and are subject to change.
I;\BOYNTON Yll..LAGE\PeLition ,,6 doc
Petition
6. The future general distribution, location and extent of public and private land uses
within the District are consistent with the zoning categories of suburban mixed use and C3
community commercial. The proposed uses are also consistent with the future land use plan element
of the Comprehensive Plan of the City of Boynton Beach, Florida (the "City"). The future land use
map is shown as Exhibit 5. The land within the proposed District is anticipated to be developed
with 458 townhouse units, 662 condominium units, 399,000 square feet of retail uses and 10,000
square feet of office uses. The Petitioner intends that the District will finance (i) surface water
management included related earthwork, (ii) water distribution and wastewater collection and
transmission facilities, (iii) roadway, paving and street lighting improvements, (iv) off-site
improvements, (v) land acquisition, and (vi) related incidental costs which may include acquisition of
real property (collectively, the "Public Improvements"). Upon completion by the Petitioner of the
water distribution and wastewater collection and transmission facilities and acquisition by the
District, such facilities will be dedicated to the City to be connected to the City's existing water and
wastewater lines.
7, Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with
the requirements of Section 120.541, Florida Statutes.
8. Exhibit 7 is a proposed form of ordinance to establish the Boynton Village
Community Development District, which is similar in form to Ordinance No. 05-018, which
established the Renaissance Commons Community Development District.
9. Petitioner hereby requests that the proposed District be granted the right to exercise
all powers hereby requests the right to exercise all powers provided for in Section 190.012(1),
Florida Statutes and the additional powers listed in Sections 190.012(2)(a) and (d).
10. The Petitioner is 1950 Congress Avenue, LLC, a Florida limited liability company.
The Petitioner, acting on behalf of itself, South Florida Devco, Inc., a Florida Corporation, WR 2,
LLC, a Florida limited liability company, and Target Corporation, a Minnesota Corporation as the
landowners, own 100% of the real property to be included in the proposed District. The Petitioner,
South Florida Devco, Inc., WR 2, LLC, Target Corporation and WR 1, LLC, a Florida limited
liability company, as contract purchaser of certain lands within the proposed District, will develop
the land within the District, including the construction of the public infrastructure, which will be
acquired by the District. It is contemplated that the vertical improvements on the developed lots
will be constructed by the Petitioner, South Florida Devco, Inc., WR 2, LLC, Target Corporation
and WR 1, LLC, and possibly other builders. Copies of all correspondence and official notices
should also be sent to: Craig A. Wrathell, c/o Wrathell, Hart, Hunt and Associates, LLC, 1200 NW
17th Avenue, Suite 13, Delray Beach, Florida, 33445; (561) 276-0889.
11. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are consistent with applicable elements or portions of the effective City of
,Boynton Beach Comprehensive Land Use Plan, as amended.
(b) The land within the boundaries of the proposed District is of sufficient size and is
sufficiendy compact and continuous to be developed as one functional interrelated community.
I:\BOYNTQN VlLLAGE\PctiLion \"(o,doc
2
Petition
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
(d) The proposed District will be the best alternative available for delivering community
development services to the area to be served because (i) the District provides a governmental entity
responsible for delivering those services and facilities in a manner that does not financially impact
persons residing outside the District, (ii) the Act authorizes a community development district to
acquire infrastructure improvements previously constructed by the Petitioner or allows for a
community development district to, in the fIrst instance, construct such infrastructure
improvements, (iii) the timing for the establishment of the proposed District and the issuance of
special assessment bonds is compatible with the timing for the construction and acquisition of such
infrastmcture improvements which results in direct benefit to the landowners and their assigns
within the District, (iv) establishment of a community development district in conjunction with a
comprehensively planned community, as proposed, allows for a more effIcient use of resources as
well as providing the opportunity for new growth to pay for itself, and (v) establishment of the
District will provide a perpetual entity capable of making reasonable provisions for the operation
and maintenance of many of the District services and facilities.
12. The Petitioner undertakes on behalf of the District that the District will provide full
disclosure of information relating to the public financing and maintenance of improvements to real
property to be undertaken by the District as required by Section 190.009 and Section 190.048,
Florida Statutes, as amended.
[Remainder of page intentionally left blank]
J:\BOYNTON Vll..LAGE\Peulion v6.doc
3
Petition
WHEREFORE, Petitioner respectfully requests the City Commission of the City of
Boynton Beach, Florida to:
Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the
establishment of the Boynton Village Community Development District and;
Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and
establishing the Boynton Village Community Development District.
I G ,}t-l ,'~~~
Respectfully submitted this day of ~, 2006.
1950 Congress Avenue, LLC
a Florida limited liability company, as Petitioner
Its: Managing Member
By: Sembler Family Pannership # 35, Ltd.
a Florida limited paltnership
Its: General Panner
By: Sembler Retail, Ine., a FlOlida corporation
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By: \'#'" iI' ~/
N.ame: Je!fre. y,~;IJ~~/
Title: VlCef endent
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EXHIBIT 1
MAP OF THE PROPOSED DISTRICT SHOWING CURRENT MAJOR TRUNK
WATER MAINS AND SEWER INTERCEPTORS AND OUTFALLS
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition. Exhibit 1
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EXHIBIT 2
METES AND BOUNDS DESCRIPTION
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
C3 - Parcell, C3 - Parcel 2, C3 - Parcel 3, C3- Parcel 4, C3 - ParcelS, C3 - Parcel 6, C3- Parcel 7,
SMU - Parcel 1, SMU - Parcel 2, SMU - Parcel 3, SMU - Parcel 4, SMU - Parcel 5, SMU - Parcel
6, SMU - Parcel 7, SMU - Parcel 8, SMU - Lake Parcel, Tract C-l, Spine Road Tract, BOYNTON
TOWN CENTER, A P.C.D., as recorded in Plat Book 106, Pages 144-151 of the Public Records of
Palm Beach County, Florida, said parcel being more particularly desctibed as follows:
COMMENCE at the Southwest corner of the Southwest One-Quarter (1/4) of said Section 20,
Township 45 South, Range 43 East;
THENCE on a grid bearing of NOl o22'46"W along the West line of said Southwest One-Quarter
(1/4) of said Section 20 a distance of 1312.24 feet
THENCE N88037'14"E a distance of 60.00 feet to a point on the East right-of-way line of
Congress Avenue, said line also being 60.00 feet East of and parallel with the West line of the
Southwest One-Quarter (1/4) of said Section 20, said point also being the POINT OF
BEGINNING;
THENCE N01022'46"W a distance of 223.50 feet;
THENCE N12012'46"E a distance of 29.78 feet;
THENCE NOl o22'46"W a distance of 140.75 feet;
THENCE N38037'14"E a distance of 20.23 feet;
THENCE S88037'14"W a distance of 10.00 feet;
THENCE NOl o22'46"W a distance of75.00 feet;
THENCE S88037'14"W a distance of 10.00 feet;
THENCE NOl o22'46"W a distance of 456.21 feet;
THENCE N12009'15"E a distance of 29.91 feet;
THENCE NOl o22'46"W a distance of 286.82 feet;
THENCE N38003'52"E a distance of 17.71 feet;
THENCE NOl o22'46"W a distance of 89.10 feet;
THENCE N47000'33"W a distance of 2S.54 feet;
Petition ~ Exhibit 2
THENCE N01023'03"W a distance of291.10 feet;
THENCE N12008'37"E a distance of 29.93 feet;
THENCE NOl 023'03"W a distance of285.65 feet;
THENCE N3Ro03'52"E a distance of 22.13 feet;
THENCE S88036'57"W a distance of 21.06 feet;
THENCE N01023'03"W a distance of 59.00 feet;
THENCE N88036'57"E a distance of 25.06 feet;
THENCE N47000'33"W a distance of 35.06 feet;
THENCE N01023'03"W a distance of 468.48 feet to a point on the North line of said BOYNTON
TOWN CENTER, A P.C.D.;
THENCE N87045'57"E along said North line a distance of 1485.39 feet to a point on the East line
of said BOYNTON TOWN CENTER, A P.CD.;
THENCE S06028'18"E along said East line a distance of 760.86 feet;
THENCE S30046'03"E continuing along said East line a distance of 800.00 feet;
THENCE S00041'03"E continuing along said East line a distance of 904.59 feet to a point on the
South line of said SMU - Parcel 2;
THENCE S89048'57"W along said South line a distance of 768.02 feet to a point of curvature of a
non-tangent curve concave to the Southwest, a radial line of said curve through said point having a
bearing of S71 014'46"W;
THENCE Southeasterly along the arc of said curve to the right having a central angle of 18034'11"
and a radius of 646.50 feet for an arc distance of 209.53 feet to a point of tangency;
THENCE SOOoll'03"E a distance of 89.52 feet to a point on the South line of said BOYNTON
TOWN CENTER, A P.C.D.;
THENCE S89048'57"W along said South line a distance of 80.00 feet;
THENCE NOooll'03"W a distance of 15.00 feet;
THENCE S69003'41 "W a distance of 42.32 feet;
THENCE S89048'57"W a distance of 439.23 feet;
THENCE NOooll '03"W a distance of 1.00 feet;
2
Petition - E:oJ\ibit 2
THENCE S89048'57"W a distance of274.70 feet
THENCE N77046'36"W a distance of 39.56 feet
THENCE S89048'57"W a distance of290.70 feet;
THENCE N45047'05"W a distance of 45.01 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Pahn Beach County, Florida,
containing 101.184 Acres, (4,407,594.40 Square Feet), more or less.
3
Petition - Exhibit 2
EXHIBIT 3
CONSENT OF LANDOWNERS OR CONTRACT PURCHASERS
TO THE ESTABLISMENT OF THE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
The land described in Exhibit 2 to tlus Petition comprises 100% of the real property proposed to be
included witl1in the boundaries of the Boynton Village Community Development District. Such
land is depicted graphically by plat and by Property Control Number in Exhibit 1 to this Petition
and the specific parcels to be included within the boundaries of the proposed Boynton Village
Community Development District are as follows:
Property Control
Number
Description
Owner/ Contract Purchaser
08434520290030000
08434520290030010
08434520290030020
08434520290030030
08434520290030040
08434520290030050
08434520290030060
08434520290030070
08434520290120000
08434520290180000
08434520290190010
08434520290190020
08434520290190030
08434520290190040
08434520290190050
08434520290190060
08434520290190070
08434520290190080
Track C-l (Canal Parcel)
C3 - Parcel 1
C3 - Parcel 2
C3 - Parcel 3
C3 - Parcel 4
C3 - Parcel 5
C3 - Parcel 6
C3 - Parcel 7
SMU - Lake Parcel
Spine Road Tract
SMU - Parcel 1
SMU - Parcel 2
SMU - Parcel 3
SMU - Parcel 4
1950 Congress Avenue, LLC
1950 Congress Avenue, LLC
1950 Congress Avenue. LLC
Target Corporation
1950 Congress Avenue. LLC
1950 Congress Avenue, LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
South Florida Devco. Inc.
South Florida Devco. Inc.
WR 2, LLC
1950 Congress Avenue. LLC as owner and
WR 1, LLC as contract Purchaser
1950 Congress Avenue, LLC as owner and
WR 1. LLC as contract Purchaser
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue, LLC
SMU - Parcel 5
SMU - Parcel 6
SMU - Parcel 7
SMU - Parcel 8
Petition * Exhibit 3
EXHIBIT 3A
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORlDA )
) SS
COUNTYOFPALMBEAo-I )
L ,
On this \((;0\\.1 day of~06, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Jeffrey S. Fuqua, who, after being duly sworn,
deposes and says:
1. Affiant, Jeffrey S. Fuqua, an individual, is the Vice President of Sembler Retail, Inc., a
Florida corporation which is the General Partner of Sembler Family Partnership # 35,
Ltd., a Florida limited partnership which is the Managing Member of 1950 Congress
Avenue, LLC a Florida limited liability company (herein, the \I Company");
2. The Company is the ovmer of the following described property, to wit:
Property Control Numbers:
08434520290030000
08434520290030010
08434520290030020
08434520290030040
08434520290030050
08434520290030060
08434520290030070
08434520290120000
08434520290180000
08434520290190040
08434520290190050
08434520290190060
08434520290190070
08434520290190080
3. Affiant, Jeffrey S. Fuqua, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the Propo~?
CDD. ":1/
5. Affiant, Jeffrey S. Fuqua, on behalf of the Company, as the sole owner of the Propyity in
the capacity described above, hereby consents to the establishment of the PrQ~osed
CDD.
Pl1Jtll11l E:>..]l1hIl1A,
FURTIlER, AFFIANT SA YE TI-I NOT.
vr ~ .
/I i i /,,/ '... .
( " . /' "
........,f,b j,."- .".. ,/,.."
l" / ".".",. .".,r"/
Jeffr~
Subscribed and swom to before me this i ~ day ?(~~006, by Jeffrey S. Fuqua, the
Vice President of Sembler Retail, Inc " a Florida corporation which is the General Partner of
Sembler E~mi1y Partnership # 35, Ltd., a Florida limited partnership which is the Managing Member
of 1950;0:mgress Avenue, LLC a Florida limited liability company, who personally appeared before
me, [0 is personally known to me or [ ] produced as
identification.
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Print Name: 1~1. g~' I Xc. IAk.".....g:...---
Notary Public, State of F ri~'l./
My Commission Expires: \ I Ll I ! ()
[NOTARIAL SEAL]
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1\'lI(Wtl. E.\llIhiI1,.l.,
EXHIBIT 3B
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEAGI )
On this 'fyJ:, day of April 2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, Michael J. Ryan, who, after being duly sworn,
deposes and says:
1. Affiant, Michael J. Ryan, an individual, is the President of South Florida Devco, Inc., a
Florida corporation (herein, the "Corporation");
2. The Corporation is the ovmer of the following described property, to wit:
Property Control Numbers: 08434520290190010 and 08434520290190020
3. Affiant, Michael J. Ryan, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Corporation, relating to the Petition before
the Gty Commission of the Gty of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the Proposed
CDD.
5. Affiant, Michael J. Ryan, on behalf of the Corporation, as the sole owner of the Property
in the capacity described above, hereby consents to the establishment of the Proposed
CDD.
I') .n
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---.--
Mic7tt~yan~
Subscribed and sworn to before me this i.lf"'\d~prit;L()66, by Michael J. Ryan, the
President of South Florida Devco, Inc., a Florida corporation, who personally appeared before me,
~x] is personally known to me or [ ] produced as
identification.
FURTHER, AFFIANT SAYETHNOT.
[NOTARIAL ~EAL] _ ~)
"OP'FICiAL SEAL" ]
JEAN X ytN
Notary Public, State of IllinOIS '
My CommiSSion Expires 1 0/23/07 ~
$~~~~
Notary: L'~
P. N ./
nnt ame:.::
Notary Public, State of Florida
My Commission Expires:
Petition - Exhibil3B
EXHIBIT 3C
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICf
STATE OF FLORIDA )
) 55
COUNTY OF PALM BEAm )
On this~a"" day of ~"i.2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn,
deposes and says:
1. Affiant, James Comparato, an individual, is the Manager of WR 2, LLC, a Florida limited
liability company (herein, the "Company");
2. The Company is the owner of the follmving described propeny, to wit:
Propeny Control Number: 08434520290190030
3. Affiant, James Comparato, hereby represents that he has full authority to execute all
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed mD").
4. The Propeny represents a ponion of the real propeny to be included in the Proposed
mD.
5. Affiant, James Comparato, on behalf of the Company, as the sole owner of the Propeny
in the capacity described above, hereby consents to the establishment of the Proposed
mD.
.~
FURTI-IER,AFFIANfSAYETIINOT. /' / .,,-"~. ;/'~
, ,>,." ;.>...-~ ""<''''''. / y
Subscribed and sworn to before me ~is . ~~~~f~;:es :~o,
the ~nager of WR 2, LLC, a Florida limite~ li/~ility company, who personally appeared before me,
[ vt is personally known to me or [ ] produced as
identification.
,'-;:;;"~fiJ:",. ClAUDElTE DIAMOND
::~., "f;~ MY COMMISSION # DO 224139
~. ~ EXPIRES: June 19, 2007
--~i Bonded Thru Notary Public Undetwrilers
Notary:
[NOTARIAL SEAL]
1'1. J c tf
Pl'!llflm E\llihil <C
EXHIBIT 3D
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
On this J ~ day of May 2006, personally appeared before me, an off1cer duly authorized
to administer oaths and take acknowledgments,S('~~ ~\s~, who, after being duly sworn, deposes
and says:
1. Affiant, ~...-<<.- ~ \5~ , an individual, is the Vlt.t Raf:J.e....-tof Target Corporation, Inc., a
Minnesota corporation (herein, the "Corporation");
2. The Corporation is the owner of the following described property, to wit:
Property Control Number: 08434520290030030
3. Affiant,-SrA-tt- i\\e ~~ hereby represents that he has full authority to execute all
documents and instruments on behalf of the Corporation, relating to the Petition before
the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the Proposed
CDD.
5. Affiant,S.lirt...~)..~~ on behalf of the Corporation, as the sole owner of the Property in
the capacity described above, hereby consents to the establishment of the Proposed
CDD.
FURTHER, AFFIANT SA YETH NOT.
~ ---tA - :!::e~=J:,g
S+' Target COlJ"fX)iatiDP.
, ,Subscribed and sworn to before me this I day of May, 2006, by S'cc>+-t-- ~o; , the
\J ,e..e. Pte:>lltent-/of Target Corporation, Inc., a Minnesota corporation, who personally appeared before
me, [vris personally known to me or [ ] produced as
identification.
CAROL E. DRAKE
NOTARY PUBUC . MINNESOTA
MY COMMISSION
EXPIRES JAN. 31, 2010
Notary: ~ ~ ~
Print Name: dr-o { (5. 'Ora. k
Notary Public, State of M: t\ "''!oS i:J-+-~
My Commission Expires: 113/ !~Ol D
[NOTARIAL SEAL]
Petition - Exhibil3D
EXHIBIT 3E
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
) SS
COUNfY OF PALM BEAG-I )
),1-\1 ~WIle.-
On this 3 (; day of Apnl 2006, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn,
deposes and says:
1. Affiant, James Comparato, an individual, is the Manager of W'R 1, LLC a Florida limited
liability company (herein, the" Company");
2. The Company is the contract purchaser of the follO\ving described propelty, to wit:
Property Control Numbers: 08434520290190040 and 08434520290190050
3. Affiant, James G:lmparato, hereby represents that he has full authority to execute all
documents and instruments on behalf of the G:lmpany, relating to the Petition before
the City G:lmmission of the City of Boynton Beach, Florida, to enact an ordinance to
establish the Boynton Village G:lmmunity Development District (the "Proposed COD").
4. The Property represents a ponion of the real property to be included in the Proposed
CDD.
S. Affiant, James G:lmparato, on behalf of the G:lmpany, as the contract purchaser of the
Property in the capacity described above, hereby wnsents to the establishment of the
Proposed CDD.
FUR TI-IER, AFFIANT SA YE TI-I NOT.
,/' //;;;;;:(/'/~~/;//?//-~
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Subscribed and sworn to befor~ee t's' ~O~y of ~~06, by James G:l~arato, the
~nager of WR 1, LLc:, a Florida limited . ,,-Wty 5ompany, who personally appeared before me, [ ]
IS personally known to me or [ pfodgeed as
identification. ' c---~
Nota ( ._,.y.......YY-P~
Print Name: II~LU~ .e -€... ~ " H- ,'''d': ,J J-
Notary Public, State of Flo?;
My Omunission Expires, :~t0r"U )"j. J" "-+
[NOTARIAL SEAL]
,"""'''''''' CLAUDElTE DIAMOND
i.?-'W'Ji.~\ MY COMMISSION # DO 224139
~:.~~~"f EXPIRES: June 19, 2007,
~~P.f,~' BondedThrUNotalyP\lblicUMe\W11te1S
Pl111ln1l . Exlllhil ~E
EXHIBIT 4A
ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
IMPROVEMENT START DATE COMPLETE DATE
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORlZ FEBRUARY 2006 MAY 2007
WATER AND W A STEW A TER SYSTEM MAY 2006 JUNE 2007
ROADS, PAVING & STREET LIGHTING JUNE 2006 AUGUST 2007
OFF-SITE IMPROVEMENTS SEPTEMBER 2006 DECEMBER 2006
Petition - Exhibit 4A
EXHIBIT 4B
CONSTRUCTION COSTS ESTIMATES
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
IMPROVEMENT
COST
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORK
$3,655,000
WATER AND W ASTE\XT A TER SYSTEM
$4,226,000
ROADS, PAVING & STREET LIGHTING
$5,165,000
OFF-SITE IMPROVEMENTS
$2,230,000
TOTAL ESTIMATED PROJECT COSTS
$15,276,000
SOFT COSTS (ENGINEERING, SURVEY, ETC)
$ 1,067,000
CONTINGENCY@ 10%
$1,528,000
LAND ACQUISITION
$3,500,000
TOTAL ESTIMATED PROJECT COSTS
$21,371,000
Petition - EX.hibit.tB
EXHIBIT 5
FUTURE LAND USE MAP
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petilion - E~ribit 5
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I.OIV DIN8In' _ DINnAL (UI.., _. "U ILU.LAcno
MOOEMTE DEN8In' ."'DENnAL (IllOlllll ...... 702. IJ.UJ
MEDIUM DENaITY 1IE.IDENrIAL (IIIE_I -. .... D.Wtocn
H'" DIl_TY......ENnAL (....., --'1a.l D.uJtocn
_CIAL HIDH DE_TY .DlIlENTl.... (a-,
OFPICli CO_IRCIAL (DC)
LOC.... .ETAlL COMMERCIAL (LRC)
DUERAL CIlIIMEIICIAL (OCI
RIC.AnOHAL (R)
"""'C & PNVATE OOVE_ENDIJINSTmmoOlAL (ppeq
MIXED USE (IlllQ
MIXID WI CO. (MXC)
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EXHIBIT 5
EXHIBIT 6
STATEMENT OF ESTIMATED REGULATORY COSTS
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 6
EXHIBIT 6
BOYNTON VILLAGE
COMMUNIlY DEVELOPMENT DISTRICT
Statement
of
Estimated Regulatory Costs
June 2006
Wrathell, Hart, Hunt and Associates, UC
""1I4iIc dkrIt I"ft4tioablJn _ .,. 11111 1M&..
Provided by
Wrathell, Hart, Hunt and Associates, LLC
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
Telephone: (561) 276-0889
Facsimile: (561) 276-3780
Website: www.whhassociates.com
Pctition-Exhibi.16
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the
Boynton Village Community Development District ("District"). The proposed District will
comprise approximately 101.184 acres of land located in the City of Boynton Beach, Florida (the
"City") and is projected to contain approximately 1,120 residential units and 409,000 square feet of
retail/ office uses. The limitations on the scope of this SERC are explicitly set out in Section
190.002(2)(d), Florida Statutes ("F.S.") (governing District establishment) as follows:
"That the process of establishing such a district pursuant to uniform general law
shall be fair and based only on factors material to managing and financing the
service delivery function of the district, so that any matter concerning vermitting
or planning of the development is not material or relevant (emphasis added)."
1.2 Overview of Boynton Village Community Development District
The District is designed to provide district infrastructure, services, and facilities along with their
operations and maintenance to a master planned residential development containing a currently
planned 458 townhouse and 662 condominium dwelling units as well as 399,000 square feet of retail
and 10,000 square feet of office uses within the boundaries of the District.
A Community Development District ("CDD") is an independent unit of special purpose local
government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain
community-wide infrastructure in large, planned community developments. CDDs provide a
"solution to the state's planning, management and financing needs for delivery of capital
infrastructure to service projected growth without overburdening other governments and their
taxpayers." Section 190.002(1)(a), F.S.
A CDD is not a substitute for the local, general purpose government unit, i.e., the City or County in
which the CDD lies. A CDD does not have the permitting, zoning or police possessed by general
purpose governments. A CDD is an alternative means of financing, construction, operating and
maintaining community infrastructure for developments, such as Boynton Village.
Petition - E:dubit 6
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S. (2005), defines the elements a statement of estimated regulatory costs must
contain:
(a) A good faith estimate of the number of individuals and entities likely to be required to comply
with the rule, together with a general description of the types of individuals likely to be affected by
the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local government
entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and
local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local governmental entities, required to comply with the requirements of the ordinance. As
used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the rule, additional operating costs incurred, and the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis
of the impact on small counties and small cities as defined by Section 120.52, F.S. The City of
Boynton Beach is not defined as a small City for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good faith written
proposal submitted under Section 120.541, F.S.(l)(a) and either a statement adopting the alternative
or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of Estimated
Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S."
2.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the ordinance, together with a general description of the types of individuals
likely to be affected by the ordinance.
The District serves land that comprises an approximately 101.184 - acre master planned mixed use
development currently planned to contain 1,120 residential dwelling units and 409,000 square feet of
retailloffice uses. The estimated population of the residential portion of the District is 3,500 + 1-.
The District will also include a number of non-residential landowners, whose number is expected
not to exceed 100.
2
Petition-EldIibil6
3.0 A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed ordinance, and any
anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project and there is no anticipated
effect of the ordinance establishing the District on state or local revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is the establishment of an independent local special
purpose government, there will be no enforcing responsibilities of any other government entity, but
there will be various implementing responsibilities which are identified with their costs herein.
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and enforce the
proposed establishment of the District. The District as established on the proposed land, will
encompass under 1,000 acres, therefore, the City of Boynton Beach is the establishing entity under
190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed
ordinance relate strictly to the receipt and processing of various reports that the District is required
to file with the State and its various entities. Appendix A lists the reporting requirements. The costs
to those State agencies that will receive and process the District's reports are very small, because the
District is only one of many governmental units that are required to submit the various reports.
Therefore, the marginal cost of processing one additional set of reports is inconsequential.
Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of
Florida Department of Community Affairs which offsets such costs.
City of Boynton Beach. Florida
The proposed land for the District is located within the City of Boynton Beach, Florida and consists
of less than 1,000 acres. The City and its staff may process, analyze, conduct a public hearing, and
vote upon the petition to establish the District. These activities will absorb some resources,
however, these costs incurred by the City will be modest for a number of reasons. First, review of
the petition to establish the District does not include analysis of the project itself. Second, the
petition itself provides much of the information needed for a staff review. Third, the City already
possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no
capital required to review the petition. Fifth, the potential costs are offset by the required filing fee
of $15,000 included with the petition to offset any expenses the City may incur in the processing of
this petition. Finally, the City routinely processes similar petitions though for entirely different
subjects, for land uses and zoning changes that are far more complex than is the petition to establish
a community development district.
The annual costs to the City of Boynton Beach, because of the establishment of the District, are also
very small. The District is an independent unit of local government. The only annual costs the City
faces are the minimal costs of receiving and reviewing the various reports that the District is
required to provide to the City, or any monitoring expenses the City may incur if it establishes a
monitoring program for this District.
3
Petition ~ Exhibit 6
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local revenues. The
District is an independent unit of local government. It is designed to provide infrastructure facilities
and services to serve the development project and it has its own sources of revenue. No state or
local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to construct
its infrastructure, or for any other reason, are not debts of the State of Florida or any other of local
government. In accordance with State law, debts of the District are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by individuals
and entities required to comply with the requirements of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
Financing for these facilities is projected to be provided by the District.
The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The
cost estimates are shown in Table 2. Total costs for those facilities, which may be provided, are
estimated to be approximately $17,871,000. The District may levy non-ad valorem special
assessment (by a variety of names) and may issue special assessment bonds to fund the costs of
these facilities. These bonds would be repaid through non-ad valorem special assessments levied on
all properties in the District that may benefit from the District's infrastructure program as outlined
in Table 2.
Table 1
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
FACILITY FUNDED O&M OWNERSHIP
SURFACE WATER MANAGEMENT CDD CDD CDD
WATER AND W ASTEW A TER CDD CITY CITY
SYSTEM
ROADS, PAVING & STREET CDD CDD CDD
LIGHTING
OFF-SITE IMPROVEMENTS CDD CDD CDD
Prospective future landowners in the Development may be required to pay non-ad valorem special
assessments levied by the District to provide for facilities and secure any debt incurred through
bond issuance. In addition to the levy of non-ad valorem special assessments which may be used for
4
Petition ~ Exht"bil 6
debt service, the District may also levy a non-ad valorem assessment to fund the operations and
maintenance of the District and its facilities and services. However, locating in the District by new
residents is completely voluntary and levy of such assessments, as well as the prospect of such
assessments, are noticed and disclosed fully. So, ultimately, all owners and users of the affected
property choose to accept the non-ad valorem assessments as a tradeoff for the services and
facilities that the District will provide. In addition, state law requires all assessments levied by the
District to be disclosed by the seller to all prospective purchasers of property within the District.
Table 2
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY
COST
SURFACE WATER MANAGEMENT
INCLUDING RELATED EARTHWORK
WATER AND WASTEWATER SYSTEM
ROADS, PAVING & STREET LIGHTING
OFF-SITE IMPROVEMENTS
$3,655,000
$4,226,000
$5,165,000
$2,230,000
SOFT COSTS (ENGINEERING, SURVEY, ETC)
CONTINGENCY @ 10%
LAND ACQUISITION
$1,067,000
$1,528,000
$3,500,000
TOTAL ESTIMATED PROJECT COSTS
$21,371,000
A CDD provides the property owners with an alternative mechanism of providing public services,
however, special assessments and other impositions levied by the District and collected by law
represent the transactional costs incurred by landowners as a result of the establishment of the
District. Such transactional costs should be considered in terms of costs likely to be incurred under
alternative public and private mechanisms of service provision, such as other independent special
districts, City or its dependent districts, or City management but financing with municipal service
benefit units and municipal service taxing units which are not districts, or private entities, all of
which can be grouped into three major categories: public district, public other, and private.
With regards to costs of public district mechanism of public services delivery to the developments
within the proposed area, dependent and other independent special districts can be used to manage
the provision of infrastructure and services, however, they are limited in the types of services they
can provide, and likely it would be necessary to employ more than one district to provide all services
needed by the development.
Other public entities, such as counties, are also capable of providing services, however, their costs in
connection with the new services and infrastructure required by the new development, transaction
5
Petition - Exhibit 6
costs, would be borne by all taxpayers, unduly burdening existing taxpayers and would also be
inconsistent with the State's policy of "growth paying for growth".
Lastly, services and improvements could be provided by private entities. However, their interests are
primarily short-term profits and there is no public accountability. The marginal benefits of tax-
exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to
enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be
included within the District will receive three major classes of benefits.
First, those residents in the District will receive a higher level of public _ services which in most
instances will be sustained over 10nger periods of time than would otherwisebe the case.
I
Second, a CDD is a mechanism for assuring that the community services will be completed
concurrently with development of lands within the Development. ills satisfies the revised growth
management legislation, and it assures that growth pays for itself without undue burden on other
consumers. Establishment of the District will ensure that these landowners pay for the provision of
facilities, services and improvements to these lands.
Third, a CDD is the sole form of local governance which is specifically established to provide
District landowners with planning, construction, implementation and short and long-term
maintenance of community infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not the total cost for the District
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if
applicable, what the landowners would have paid to install infrastructure via an alternative financing
mechanism.
Consequently, a Community Development District provides property owners with the option of
having higher levels of facilities and services financed through self-imposed revenue. The District is
an alternative means to manage necessary development infrastructure and services with related
financing powers. District management is no more expensive, and often less expensive, than the
alternatives of various public and private source.
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by Section
120.52; F.S.
There will be little impact on small businesses because of the establishment of the District. If
anything, the impact may be positive. ills is because the District must competitively bid all of its
contracts and competitively negotiate all of its contracts with consultants. This affords small
businesses the opportunity to bid on District work.
The City of Boynton Beach has a population of 60,389 according to the Census 2000 conducted by
the United States Census Bureau and is therefore not defined as a "small" city according to Section
120.52, F.S.
6
Petition - Exlu'bil6
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic theory, especially
as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the
Petitioner's Engineer and other professionals associated with the Petitioner.
In relation to the question of whether the proposed Boynton Village Community Development
District is the best possible alternative to provide community facilities and services to the project,
there are several additional factors which bear importance. As an alternative to the independent
CDD, the City of Boynton Beach could establish a dependent Special District for the area or
establish an MSBU or MSTU. Either of these alternatives could finance the improvements
contemplated in Tables 1 and 2 in a fashion similar to the proposed District.
There are a number of reasons why a dependent Special District is not the best alternative for
providing community facilities and services to the Boynton Village Community. First, unlike a CDD,
this alternative would require the City of Boynton Beach to administer the project and its facilities
and services. As a result, the costs for these services and facilities would not be directly and wholly
attributed to the land directly benefiting from them, as the case would be with a CDD.
Administering a project of the size and complexity of the development program anticipated for the
Boynton Village Community is a significant and expensive undertaking.
Second, a CDD is preferable from a government accountability perspective. With a CDD, residents
and landowners in the District would have a focused unit of government ultimately under their
direct control. The CDD can then be more responsive to resident needs without disrupting other
City responsibilities. By contrast, if the City of Boynton Beach were to establish a dependent Special
District, then the residents and landowners of the Boynton Village Community would take their
grievances and desires to the City Commission meetings.
Third, any debt of an independent CDD is strictly that District's responsibility. While it may be
technically true that the debt of a City-established, dependent Special District is not strictly the City's
responsibility, any financial problems that a dependant Special District may have may reflect on the
City. This will not be the case if a Community Development District is established.
Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the
infrastructure as well as operations and maintenance of community facilities and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital markets. Second, as a government entity a CDD can impose and collect
its assessments along with other property taxes on the County real estate tax bill. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed
District is a unit of local government. This provides a higher level of transparency, oversight and
accountability .
7
Petition - Exhibit 6
7.0 A description of any good faith written proposal submitted under Section 120.541 (1)
(a), F.S. and either a statement adopting the alternative or a statement of the reasons for
rejecting the alternative in favor of the proposed ordinance.
No written proposal, statement adopting an alternative or statement of the reasons for rejecting an
alternative have been submitted.
Based upon the information provided herein, this Statement of Estimated Regulatory Costs
supports the petition to establish the Boynton Village Community Development District.
8
Petition. E:dubit 6
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FL. STATUE
REPORT CITATION DATE
Annual
Financial
Audit 190.008/218.39 12 months after end of Fiscal Year
Annual
Financial
Report 190.008/218.32 12 months after end of Fiscal Year
TRIM
Compliance no later than 30 days following the adoption of the property tax
Report 200.068 levy ordinance/resolution (iflev y,;'u~ property taxes)
Form 1 - within 30 days of accepting the appointment, then every year
Statement thereafter by 7/1 (by "local officers" appointed to special district's
of Financial board); during the qualifying period, then every year thereafter by
Interest 112.3145 7/1 (bv "local officers" elected to special district's board)
Public within one year of special district's creation; then annual notice of
Facilities any changes; and updated report every 5 years, 12 months prior to
Report 189.415 submission oflocal government's evaluation and appraisal report
Public
Meetings
Schedule 189.417 quarterly, semiannually, or annually
Bond
Report 218.38 when issued; within 120 days after delivery of bonds
Registered
Agent 189.416 within 30 days after first meeting of governing board
Proposed
Budget 189.418 prior to end of current fiscal year
Public
Depositor
Report 280.17 annually by 11/30
9
Petition - Exhibit 6
EXHIBIT 7
PROPOSED ORDINANCE TO ESTABLISH THE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition - E.,.mbi.t 7