2016-007 Arden Park CDD - Dissolution ORDINANCE NO. 2016-007
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA;
DISSOLVING THE ARDEN PARK COMMUNITY
DEVELOPMENT DISTRICT PURSUANT TO SECTION
190.046(9), FLORIDA STATUTES; PROVIDING FOR THE
DISSOLUTION OF ALL THE COMMUNITY
DEVELOPMENT SERVICES OF THE ARDEN PARK
COMMUNITY DEVELOPMENT DISTRICT IN
ACCORDANCE WITH A PLAN OF DISSOLUTION;
PROVIDING FOR SEVERABILITY; PROVING AN
EFFECTIVE DATE.
WHEREAS, the Arden Park Community Development District ("District") was
established by Ordinance 2015-008 of the City Commission of the City of Ocoee,
Florida, pursuant to Chapter 190, Florida Statutes, on June 2, 2015; and
WHEREAS, the District is located wholly within the boundaries of the City of
Ocoee, Florida (the "City"); and
WHEREAS, the District has forwarded to the City the District's Resolution 2016-
01 ("Resolution"), which includes an adopted Plan of Dissolution for the District, as
indicated in Exhibit "A", which is attached hereto and incorporated herein by reference;
and
WHEREAS, the Resolution indicates that the District's operations have been and
currently are funded solely by Standard Pacific of Florida, a general partnership, the
sole land holder within the District ("Landowner"); and
WHEREAS, the Resolution indicates that the District has not issued any bonds,
notes or other forms of indebtedness and has no outstanding financial obligations and
no operating or maintenance responsibilities; and
WHEREAS, the Resolution indicates that the District has determined, based
upon the current economic conditions and the level of improvements already completed
within the District, that the planned community development services to be provided to
the lands within the boundaries of the District may be provided by and through the
Landowner in a manner as efficiently as the District and at a level of quality equal to the
level of quality currently being delivered to the users of those services, and at a cost
that would be equal to or lower than the annual assessment amount that could be levied
by the District; and
WHEREAS, the sole owner of one hundred percent (100%) of the land within the
District has consented to, and supports, the dissolution as indicated on Exhibit "B",
which is attached hereto and incorporated herein by reference; and
WHEREAS, the District has represented to the City that the dissolution of the
District will not harm or otherwise injure any interests of the sole landowner within the
District, nor harm nor otherwise injure any interests of any other party within or without
the District; and
WHEREAS, the District's Board of Supervisors desires that the City adopt an
ordinance providing for the termination of all community development services of the
District and to provide for the dissolution of the District in accord with Section
190.046(9), Florida Statutes; and
WHEREAS, the City relies on the representations in the Resolution and the
landowner consent attached as Exhibits A and B, respectively, in considering and
adopting this Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. The above recitals are true and correct
and are incorporated herein.
Section 2. Authority; Scope. This ordinance is adopted in compliance with
and pursuant to the Uniform Community Development Act of 1980 codified in Chapter
190, Florida Statutes. The adoption of this ordinance shall not affect any development
agreements, approvals, permits, or conditions applicable to the property within the
District except as specifically stated herein.
Section 3. Adoption of Plan of Dissolution. The City hereby approves the
Plan of Dissolution of the Arden Park Community Development District, which is
attached as an exhibit to the Resolution.
Section 4. Dissolution of District. Once all community development services
of the District have been terminated and upon compliance with all the terms of the Plan
of Dissolution, the District shall record a Notice of Dissolution in the public records of
Orange County, Florida. Upon the adoption of this Ordinance and recording of the
Notice of Dissolution, the District is dissolved without further action by either the City or
the District.
Section 5. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
Section 6. Effective Date. This Ordinance shall take effect as provided by
law.
PASSED AND ADOPTED this 17th day of May, 2016.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
tAA" r Oa_
- - - , City Clerk Ac.-1-1—n. Rusty Johns. ayor
\ e,(an;f S1b10-4'
(SEAL)
ADVERTISED MAY 5th, 2016
READ FIRST TIME MAY 3, 2016
READ SECOND TIME AND ADOPTED
MAY 17, 2016 UNDER AGENDA ITEM
NO. 9
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY THIS 1314 DAY OF
MAN/ , 2016.
SHUFFIELD, LOWMAN & WILSON, P.A.
By: _
Ci Att.
4
EXHIBIT A
5
t
s4
Et
RESOLUTION 2016-01
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE ARDEN PARK COMMUNITY DEVELOPMENT
DISTRICT ADOPTING A PLAN OF DISSOLUTION;
REQUESTING THAT THE BOARD OF CITY
COMMISSIONERS OF THE CITY OF OCOEE, FLORIDA,
ADOPT A NON-EMERGENCY ORDINANCE TO PROVIDE
FOR THE DISSOLUTION OF THE ARDEN PARK
COMMUNITY DEVELOPMENT DISTRICT; DIRECTING
THE DISTRICT MANAGER AND DISTRICT COUNSEL
TO TAKE APPROPRIATE ACTION TO DISSOLVE THE
ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT
IN ACCORD WITH THE NON-EMERGENCY
ORDINANCE ADOPTED BY THE BOARD OF CITY
COMMISSIONERS OF CITY OF OCOEE, FLORIDA, AND
THE PLAN OF DISSOLUTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Arden Park Community Development District (the "District") was
established by Ordinance No. 2015-008 of the Board of City Commissioners of the City of
Ocoee,Florida,pursuant to Chapter 190,Florida Statutes,and
WHEREAS, the District is located wholly within the boundaries of the City of Ocoee,
Florida(the"City");and
WHEREAS, Standard Pacific of Florida, a Florida general partnership, is the landowner
of 100%of the land within the District("the Landowner");and
WHEREAS, the District has not taken any actions regarding planned community
development services to the lands located within the District and has not levied any debt special
assessments against the assessable real property located within the District for the purposes of
funding any planned community development services;and
WHEREAS, the District's Board of Supervisors has determined that based upon
information provided to it by the Landowner, and the current economic conditions and the level
of improvements already completed within the District, that the planned community
development services to be provided to the lands within the boundaries of the District may be
provided by the Landowner in a manner as efficiently as the District and at a level of quality
equal to the level of quality to be delivered to the users of those services by the District, at an
annual cost that would be equal to or lower than the annual assessment amount that could be
levied by the District; and
Page 1 of 5
WHEREAS,the District has received a written request from the Landowner to dissolve
the District; and
WHEREAS, the District has received written consent to the dissolution of the District
from the sole Landowner;and
WHEREAS,the District's termination will not harm or otherwise injure any interests of
the Landowner, nor harm nor otherwise injure any interests of any other party within or without
the District; and
WHEREAS,the District's Board of Supervisors fords that it is in the best interest of the
District and the Landowner that the District be dissolved and that the planned community
development services be provided by the Landowner; and
•
WHEREAS, the District has prepared a Plan of Dissolution that provides for the orderly
dissolution of the District and for the final dispensation of all records, financial accounts and
contracts; and
WHEREAS, the District's Board of Supervisors desires that the City adopt a non.-
emergency ordinance to provide for the dissolution of the District in accord with Section
190.046(9),Florida Statutes(2015).
NOW THEREFORE, BE IT RESOLVED BY THE BOARD
OF SUPERVISORS OF THE ARDEN PARK COMMUNITY
DEVELOPMENT DISTRICT:
SECTION 1. INCORPORATION OF WHEREAS CLAUSES. All of the above
representations, findings, and determinations contained within the Whereas Clauses of this
Resolution are recognized as true and accurate, and are expressly incorporated into this
Resolution.
SECTION 2. APPROVAL OF PLAN OF DISSOLUTION. The District hereby
approves the Plan of Dissolution,attached to this Resolution as Exhibit A.
SECTION 3. REQUEST FOR ACTION. The District hereby requests that the City
adopt a non-emergency ordinance to provide for the termination of the District in accord with
Section 190.046(9),Florida Statutes(2015).
SECTION 4. DIRECTION TO DISTRICT MANAGER AND DISTRICT
COUNSEL. The District Manager and District Counsel are hereby directed to take the
appropriate actions to transmit this Resolution to the City. Upon the adoption of a non-
emergency ordinance by the City, the District Manager and District Counsel are further directed
to proceed with the necessary steps as outlined in the Plan of Dissolution to effectuate an orderly
termination of the District.
Page 2 of 5
SECTION 5. SEVERABILITY. The invalidity or unenforceability of any one or more
provisions of this Resolution shall not affect the validity or enforceability of the remaining
portions of this Resolution,or any part thereof.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon
the passage and adoption of this Resolution by the Board of Supervisors of the Arden Park
Community Development District.
PASSED AND ADOPTED in public session this 22nd day of January,2016,
ATTEST: BOARD OF SUPERVISORS OF THE
ARDEN PARK COMMUNITY
DEVELOPMENT DISTRICT
r_i_
G c‹,r j e. 5. Pie
Assi tat Secretary
Page 3 of 5
EXHIBIT A
PLAN OF DISSOLUTION FOR
THE ARDEN PARK COMMUNITY DEVELOPMENT DISTRICT
1. PURPOSE. The purpose of this Plan of Dissolution is to provide a plan for the
orderly dissolution of the Arden Park Community Development District(the"District").
2. CONSTRUCTION. This Plan of Dissolution shall be construed liberally to
accomplish the smooth and orderly dissolution of the District.
3. AUTHORITY. Section 190.046(9), Florida Statutes (2015), provides that if a
district has no outstanding fmancial obligations and no operating or maintenance responsibilities,
upon petition of the district, the district may be dissolved by a non-emergency ordinance of the
local governmental entity that established the district.
4. SERVICES. The District is currently managed by a contract administrator and
has no employees. Counsel has been retained by the District to provide legal services to the
District. The District currently does not provide any community development services to the
owners of lands within the boundaries of the District. The District Manager and District Counsel
are responsible for filing any final reports or other documents on behalf of the District that are
required by law, and for performing any and all other actions on behalf of the District within
thirty (30) days after the effective dissolution of the District. Prior to submitting the resolution
requesting dissolution to the Board of City Commissioners of the City of Ocoee, Florida (the
"County"), the District shall pay or cause to be paid all outstanding District expenses, including
among others invoices from the District Manager and District Counsel, and including invoices
sufficient to cover the expenses associated with the dissolution process.
5. ASSETS AND LIABILITIES. The District has no real property, infrastructure
or other assets and has no debt or maintenance responsibilities.
6. CONTRACTUAL OBLIGATIONS OF THE DISTRICT.
A. All contractual obligations shall be addressed as follows:
(1) The District's agreement with the firm of Hopping Green& Sams,
P.A.,to serve as District Counsel shall terminate upon the effective
dissolution of the District. The District Manager will obtain an
appropriate release from Hopping Green&Sams,P.A.
(2) The District's agreement with the firm of Governmental
Management Services, LLC, to serve as District Manager shall
terminate upon the effective dissolution of the District. The
District Manager will obtain an appropriate release from
Governmental Management Services,LLC.
Page 4 of 5
(3) The District's agreement with the firm of Dewberry Engineering,
Inc.,to serve as District Engineer shall terminate upon the effective
dissolution of the District. The District Manager will obtain an
appropriate release from Dewberry Engineering,Inc.
(4) All other agreements of the District shall expire and be void upon
the effective dissolution of the District.
7. NOTICE OF DISSOLUTION. District Counsel shall file a Notice of
Dissolution of the Arden Park Community Development District in the public records of Orange
County, Florida. A copy of the Ordinance passed by the County dissolving the District shall be
transmitted to the Florida Department of Economic Opportunity pursuant to Section 189.418,
Florida Statutes(2015).
8. MODIFICATION OF THE PLAN OF DISSOLUTION. The District's Board
of Supervisors may modify this Plan of Dissolution by Resolution prior to the effective date of
any ordinance of the County dissolving the District.
9. OFFICIAL DISTRICT RECORDS. All official records of the District shall be
transferred to the Florida Secretary of State by the District Manager. However, such a transfer of
official District records shall not occur as long as the District has an obligation,under any law, to
keep and maintain any such official District record. If any official record of the District cannot
be transferred prior to the dissolution of the District, then the failure by the District Manager to
transfer such a record shall not cause this Plan of Dissolution not to be completed within the time
permitted. Any such record shall be transferred by the District Manager to the Florida Secretary
of State as soon as is practicable after the dissolution of the District, in accord with this Plan of
Dissolution.
10. OPERATION OF THIS PLAN OF DISSOLUTION. This Plan of Dissolution
shall become effective upon adoption of a Resolution by the District's Board of Supervisors
approving this Plan of Dissolution. After complying with the terms of this Plan of Dissolution,
the District will be dissolved without any further action.
Page 5 of 5
EXHIBIT B
Consent and Joinder of Landowners to the Dissolution of
the Arden Park Community Development District
The undersigned understands and acknowledges that the Arden Park Community Development District(the
"District") intends to seek dissolution of the District in accordance with the provisions of Chapter 190.046(9),
Florida Statutes.
As the owner of all the lands within the Arden Park Community Development District, the undersigned
hereby consents to the dissolution of the District. The undersigned also hereby waives the right to object to the
District's failure to comply with any and all requirements prescribed by Florida Law, including,but not limited to,
Chapters 189 and 190, Florida Statutes. A description of the District lands owned by the undersigned is more fully
described in Exhibit A attached hereto and made a part hereof.
The undersigned acknowledges that this consent will remain in full force and effect until the dissolution of
the District is final.
The undersigned hereby represents and warrants that it has taken all actions and obtained all consents
necessary to duly authorize the execution of this consent and joinder by the officer executing this instrument.
iL
Executed this B day of CI to r v 4 r ,2016.
Witnessed: STANDARD ' • OF FLORIDA,
• a Fl 'da'gepe 'I pa ai
Print Name: C-, ..- t S. Its: rc�'at,,
Print Name: Si-Hc-c- !^• ��r �. � -
STATE OF cis r i
COUNTY OF 6, ,
I hereby certify that on this day,before me,an officer duly authorized to take acknowledgments,personally
appeared S" � s M<<'r b,a,._, . VA LC. P' of Standard
Pacific of Florida,a Florida general partnership, who executed the foregoing instrument,acknowledged before me
that he executed the same on behalf of the foregoing entity and was identified in the manner indicated below.
Witness my hand and official seal in the County of d.' ,r, and State of no..Q-..this &s `day
of (' 2016.
L ` S
Notary Public
GEORGE s.FLINT Personally known:
�
NOTARY PUBLIC Produced Identification: ✓ _
10,'' ` Jet-STATE OF FLORIDA Type of Identification:
-oL.,...
. . .. - . COMM.FF046510
• Expires 10/18/2017