"

.	..·_..	..·.·	·..-..•-_·!-::·y'(/tfrsi( .fi.t>omcu,.:t'rti ttt;f .?t,\h./·.\{.·-..:
M EM OR AN D U. 3,!i' .. Ol,OE COUNTY, FLORIDA
,	·	...    ,	·	•i,,..(·.t,. ganda Item·. No. -4lir:-.<
. ,..(Public Hearing 4-23"02)

Honorable Chairperson and Members ·
Board of County Commissioners

DATE:·: :·April·9, 2002 ··
I	·'.;,.'':·

FROM:	Steve
County£	::;::;:;-

SUBJECT:. Ordinance Cleating tho·..
'  ·....:;1f ;:i,:;:'.·:;·  rit'&   on·eo:mmunity ._,_.
'O 2·, 5 S • , .J?eyelopinent District ,; , ,;'(

RECOMMENDATION
It Is recommended that the Board adopt lhe allached ordinance creating the Pentathlon Community Development District (CDD) in unincorporated Miami-Dade County, pursuant to the authority . granted by the Miami-Dade County Home Rule Charter forthe purposes set forth in Chapter 190 of the Florida Slalutes.
BACKGRQUNI>
TI1c Pentathlon Group, LLC,, owner of lhe Pentathlon Dcvelopmcn has filed an application to create the Pentathlon COD in connection with said development. Pentathlon is a 9S.12-acrc residential development lying wholly within Unincorporatr,d Miami-Dade County, in the area bounded byS.W. 157 Avenue on the east, S.W. 158 Path on the weSI, theoretical S.W. 148 Street on tit, south and Seaboard Airline Railroad Right-of- Way on the north. The CDD is designed to provide a financing mechanism for community infrastructure, services and facilities, along with certain ongoing operations and maintenance for the Pentathlon development. The development plan for the lands within the proposed CDD include construction of approximately 514 single family units, with associated roadway, stom1 drainage and water and sewer facilities estimated to
cost approximately $5,482 million. A detailed summary ofCDD clements, as well as their cost and anticipated Jack or fiscal-impacts to government agencies, is presented in the attached application submllled by Pentathlon Group, LLC. In accordance with Florida Statute I90, the Pentathlon
Group, LLC., has paid a filing feo ofSl5,000 to the County.

This Board is authorized by the Florida Constitution and the Miami-Dade County Home Rulo Charter to establish governmental units such as the CDD within Miami-Dade County and to prescribe such government's jurisdiction and powers,
FISCAi, IMPACI"
The creation of the Pentathlon Community Development District will have no fiscal impact on
Miami-Dade County.

I

1
!'
•'
if

!t\

i

J
i

- ,

- -- -

I

r

,.	I

!

li

 	

Budget required

 	

Statement or fiscal Impact required

 	

Statement or private buslnm sector Impact required

 	

Bid waiver requiring County Manager'• written recommendation
.;(';'

 		Ordinance creating a new board requires detailed County Manager'• report ror public bearing

 	

"Sunset" provision required

 	

Legislative findings necessary

I
I

I
I

•

•

' Approved'-c;_.	'-.lILIW,!1
Veto

Override

ORQINANCENO, ·.·•..

0 2••: 5''.a'::<, J:·-i·

,; '.1<

ORDINANCE    GRANTING·.·••·PETITIClN'  •()F / ENTATHLON '' GROUP,   LLC,,   ("PENTATHLON''.  OR• "PETITIONER')  FOR.
.  ESTABLISHMENT· OF1  A·'•COMMUNITY 1••i>EVE LClPMENT '  w;,,,;,cc,;,)
DISTRICT;  CREATING  AND. ESTABLISHING.•PENTATHLON. COMMUNITY DEVELClPMENT _. DIS'tlUCT.·\li';'("IllSTRICT''); ' PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES;" PROVIDING· INITIAL··• MEMBERS OF BOARD OF SUPERVISORS; PROVIDING SEVERABILffY, INCI,USION IN •.:THE 'CODB AND AN · EFFECTNB DATE

WHEREAS, the Florida Legislature created and amended Chnpter I90, Florida Statutes. to provldo an alternative method to finanCe and inanage· basic services for community development; and
WHEREAS, Section l.0l(A)(21) of the Miami-Dade County Home Rule Charter grants the Miami-Dade County Board of County Commissioners the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this State; and
WHEREAS, Article vm, section 6(1) of the Florida Constitution provides for exclusive
County Charter authority to establish all governmental units within Miami-Dade County and to
provide for thoir government and prescribe their jurisdiction and powers; and
WHEREAS,  Pentathlon  Group, LLC., (''Pentathlon" or 11Petitioner")has petitioned for
tho establishment of the Pentathlon Community Development District (the "District"); and WHEREAS, a public hearing has been conducted by the Miami-Dade County Board of
County Commissioners	in   accordance   with   the   requiremenls   and   procedures of

3

•	···:F·s:,i ··?{•?'6'.: •;g. :'. ii\i& ·iitWl

N{'/;:i)ii/¥;:'\:fJf;t,« )};\lI<i

·· , .. tL'·. ; ; ::.::: ::,_,:  '- _t::Ag,mda Item No,i1,;y:iJ  _).• 1_ t; r. t{,,1:'.-  -.
•	•.	• .. • : ': \ i • :'\:';:Nt;i/\laff
Section 190.00S(2)(b), Florida S !U\e!, o/1d the. app.licabl.e rcqui ii '.ae1 ro ; ? fllle\{J'
Miami-Dado County Home Rut    art;;dCod :t\J \;·':',)}f i ij)Jf.//...	\M!{fiJ0 J;;lf2/)
WHEREAS, Ille District will constitute a ti;,;oly, .efficient, ·effectivc,:rcsponsivi/and::''•
,    '	·_,_:•,:::.-' ;,-, ·' :.< · '-'''·:::-\-'.;' ::_;t) ·:,_:	: --:,>--,:.-.
economic way to deliver community development scrvicca 'in\the area, tl!ereby providing a ..-
.	.	·..·	...:A\\;.._-:{/.; r;-..i\.c{;_ .i ;, ; )1<\· ·.','t: 1/-\,!;}/ 	.- ::-\. '.·:\iti>:-.{(,:
aoluUon to tile County's planning, .management .and, financing 'heeds;for, delivery .of capital ;: , ·
,.	-·; .':-	--   ,,_,_--_j·i•,·<:-./\.f:::1.:•,.;kJt 1-)'fU:.:·),1_1·;-. ,-	--,	-• ·-.,_.,. )?:.·
lnfrutrueturo tl!ercin without overburdening Ill.• C.ounty and it,, taxpayers;.and\:>:' ..
,.,,.	.·:.1u··: ,,	.
WHEREAS, Ille Board of County ,Commilsioners finds.lllat .th• statements contained in
tho Petition are true and correct; and
WHEREAS, the creation of the District is not inconsistent with any applicable elemen·t
or portion of tile State comprehensive plan or the Miami-Dade County Comprehensive: Development Master Plan; and
WHEREAS, the area of land within the District is of sufficient size, is sufficiently	ft
compact. and is sufficiently contiguous to be devc1opable , as one functional interrelated
community; and
WHEREAS, tile creation of Ille District is the best alternative available for delivering tile community development services and facilities to the area that will be served by the District; and WHEREAS, tho proposed services and facililica to be provided by the District will be compatible willl tho capacity and uses of existing local and regional community development
services and facilities; and
WHEREAS, the area that will be served by the District is amenable to separate special­ district government; and
WHEREAS, having made the foregoing findings, aner a public hearing, the Miami-Dade
County Board of County Commissioners wishes to exercise the powers bestowed upon it by

t/

J  ,;'  -/".'.   , i''  ",,,,,'",•,.;1   '\' ,.

'

; '.     ,:·,\\'1 ',,  ,,   \'  !,• -\  ,1{1;'/.\;(.,,',lgt;',J'':,; •('"':1'\.•.:i fU' •'1.-,;.'':Jt$,•/'lJ f1o>\•-''l,Yr1-,".'f8;,,"';'{j)#R.,tf,,.•;

,;, .:

}1,,,-,t',,.1;•. t(''•,,'f: J-°ivtt•:···· o  ,   .···•	\,  ',	,-  ·',;,'_,·'•,    '.':\/   .¾•  :,;(,  ,(:.	1J ;:,  1r   -:::-,.,,,1,.'1i.1Q,	2..,,',•\',,n,,i ./·?)\(,>,;,\.:.(.: !
,     ,      ·','	.: ,,,	,,!.,     ;•,,. -ir:•1-  -  :: ;.,,:,- ,1' }' , ,, - ;', f,   ,i \':::
•.,   ....  ·•	:,:d,., t  t ! 1  , .Jf :.i ,	/.	,, ,;,.-:;t\:,':AgendaitemNo.' 1  4 (1 ), ,:,,i ,,i	it ,·

-i• .

r	'	,,,,	ago

.    '	'	•'	',')'	,',,1,.• •t1{p    '3,   '   (  r:, -•,!  ),\,•\;	.\

';i':3:::,::,	: tJ•

,,	,,	!        ,•	',l"'r,';!o1Jf	,n,I_,{,,,    l  ,, ,1,J'$_{,	,,,;I
j         1•  ;  ,	,	\>.' / \('	'	I	<         :  , l	,<	,{•>  ,;\:/ J:	,y,
'sJ •t.01( ){21) of tho Miami-Dado: Cow,ty Ho ,Rut ·Chit;.,n tho rri'fuhio}ii ;i .:i,,,y,:,,;-l:

I     •••-.·.··..  ..·.•- ap;7.1 .•Fl rldaStatutes;.a.nd . ·.·; ·,.  ···•·. ·•:.· i•··

;:jj :

1}¼!t,\:;:·,:··: .3;1;

1i -\iIi,	;1i11{r

f 1	1

t 1'if

itJ&tl

·' ' ·W.1''l\;'t- :iWDEREAS;,tho Miami-Dado, County', Board of,Coiini}"Cominissliinm'.finds:ihatJtho}'tt(;. \/1
·, ., ·   <1:-,:·::··:::'.·.:: ---:::··_:':_ ,:·:· ·-	·.·..-·-·-·:::-::;;·.-':'.-::_-·:--/:/J,XiI\/;\,f.r:} ,f(;:t(Wt Yj}f ;>tl ?{t/f t'}. ;{:i1J\l.:({;1j1:,W!}, f'.!.)
.,. l'l\:Dl1_tjlct1hall,hayo, tholll general and special powers abllio'J'lzed byS tlo'na:190,ou•and'l9.0.012f;t;:::.t \

'..	,,	. ' '' ', ., '.

Florid Statutes, and sot forth herein, and that it is in :,; Iic}iitci-esf bf all of the cittiki /f,
NMlamt-Dado Cowity that tho District have such po  •'·'t!· >,.'.? f:W(i;,•:.HiJ\1•./K,i)}(;)i )}Jt/Mi :.f
,,,, ,.,.,,  ,NOW, ,fflEREFORE,  BE  IT  OIID rnED,BY,-TIIE'BOARD  OF  c: uNrit.''
COMMISSIONERS OF MIAMI-DADE COUNTY, FLO riA: ••·	..  '  :,,,;;;,  ,

Soctjon J.

'	-,'_.      •    ·1  ·.,      _,	:,.	•	• •·;_ -·-\_.. : ·,·:,
Tho foregoing findings, which aro.expressly soi forth'herein, are hereby ·· ,
',:;; '

adopted and mado a part hcroo£

,   ,'I

Sectton2.

The Petition to establish the Pentathlon Cozn.mwiity Development District .

over tho real property described in Bxhiblt A attached hereto, which was filed by Pentatltlon · Group, LLC., a Florida limited liability company, on February 28, 2002 and which Petition is on lllo at tho Office of tho Cieri< of tho Board, Is hereby granted, A copy of the Petition is attached
in lta entirety and incorporated herein (Exhibit C).·

,- -,	Section 3.

The external boundaries of tho District shall be as depicted on tho locatio

., map attached hereto and incorporated herein as Exhibit B.

Section 4.

Tho initial members of the Board of Supervisors shall be as follows: Michael Lattomer
Wayne Rosen Carlos Martinez Pago Lattomer Patrick Gleber

<

Section 7.

.

: Penlalhlon Community Development District shall be Scciions 190.006 through 190.041; Florida··
' '	.      ' '
Statutes.	,i_;'	
Scclfon 8. ·The Miarni-Dade County Board of County Commissioners hereby granta to the Pentathlon Community Development District all general powers authorized pursuant to Section 190,011, Florida Statutes, and hereby finds thatit Is In the public interest of all citizens ofMlarnl-Dade County to grant such general powers,
Section 2- The Mlarnl-Dade County Board of County Commissioners hereby granta to the Pentathlon Community Development District the special powers authorized pursuant to Section 190,012 (I), Florida Statutes and Sections 190.012 (2)(d) and(/), (except for powers
regarding waste disposal), Florida Statutes and Section 190,012 (3), Florida Statutes, and hereby finds that It Is In the public Interest of all citizens of Mlarni-Dade County to grant such special powm.
Section 10.	All bonds issued by the Pentathlon Community Development District
pursua11t to the powers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Statutes.
Scct!on )I.	No  bond,  debt  or  other obligation  of  the  Pentathlon Community
Development  District, nor any default  thereon,  shall  constitute  a debt or obligation of

-·-;·	,-

,	.	'
-,-;-•,.

.	'
\,,·,	',,·,'

',, '):,

'!'••'1,._'.	.,	.1) '      .,     "	f".	'   I      ,'

'	'	' '

l, ,_ '  ,::•;:,

;'.,

.:•' \ ::,r:

'	•	''°','  ,	',	\,1	'

;•,;, :),,-,,,;;,,,?. :'  ,/:'/:', ,;,\?:•:

"	,	•	t,	•• ,	<    :'	: '

:..:. '·: 2h	•	t	'·'f!j if

ll I! };II
, Miami-Dado County, except Upon 1hc exptm approval and agreement of1ho Miami-Dado Boore_-, ..'
.     o(CountyCommlaalonera;,    .     ".	·.	,-_._-  --... ,  ,	'>;:')\;'.' "''';t}J)t' :"°')"t;i;,'/ li\1:i(l,t ,;
"'	Seot!on,J2J;,, Notwl1hstandins.,,any/power:;grante<l_tfoi;the},i>enfathtoii .ComiriUhitY% 1i'h''.\;
._	.  _,..	....   _,.· . ..._;.,.:,:.-,;.::_::.r•::_.	.- ..	-- .,- ...,-.- ..-.:t f?f.·:\\\:
,t,Oovolopment Dillrict puraUant to·lhls Oidinllice, neither',tho Disirlct'not,any'.t'tal'or j,orsolial,',;;,_c;·:-, ·
. .	,._··. ,'' -_ -,'-_:· &;:<,,._.'\ '-:'··,':':·''" :. : .· '_	, i(?<:",:).:.;,_,'-

.

'" property or revenue In 1ho district shall; solety.byroason of tho Diitrict'S'creation and exi,ten ,
.	•,	. ' '

.,	.	.	_.    '	·,-	.	' ... ,

;r bo exempted l'rom any requirement for.!ho payment f any ilhd all niios;fc . chaiges, iniitting':}
A fees.  Impact  fees,  connection  fees,- or  si ilar  County  ra i) fee$'· b;·:/ch	;1 spccial't init ,· dillricll spocial aasoaamenll which are roquirod by law;ordinance or County rule otrcgulatiori _to
bo Imposed wllhln or upon any local government within the County;
Sec;Jjon )3.	Notwithstanding any power granted to ,-tho Pentathlon Community Oovelopmont District pursuant to this Ordinance, the District may exercise the power of eminent·
domain outside tho District's existing boundaries only wi1h tho prior specific Md express approval of the Board of County Commissioners of Miami-Dade County,
Soction 14,	If any section, subsection, l!entencc, clause or provision of this ordinance
is hold Invalid, tho remainder of this ordinance shall not bo alTocted by such invalidity.
Section JS,	This ordinance shall become effective ten (10) days after tho date of
enactment unloss vetoed by tho Mayor, and if vetoed, shall bocomo elTective only upon an
override by1his Board, It Is provided, however, that this ordinance shall not become elTcctivc, in whole or in part, unloss on or before 5i00 p.m, on 1he 10th day after the date of enactment, a
\
proposed lnterlocal Agreement baa been submilled and received by the County Manager, in a fonn accoptablo to 1he County Attorney, and executed by each member of the Board of Supervisor dosignntes named in Section 4 hereof, having provisions in substantially the following fonn:

Sc· SO

not bo unreaaonably withhold, Ute District shail not apply f r r • grints o;loans of mtihoyor t

I •	(a)

i,oihor.propcrty fiom Ibo United States, tho.Staio1o. Flordi  ;   ..; / d; h	i  J	f lo lgoveiiuiteitti f:;/}

Florida, orany other person or entity (oxcoptin   ru:J1\o ' i1Jk/i Jlini;  f:   Di; ci.,'

of

'         '         '       '••	:•'_•,,,,, ,.         •'      '.	.	'         _,'	.

.and any loans made to tho District by tho dovolopcr./s, their afliUates.and/or·lendcrs in connection with tho land development ordersfor property.thaHs the s bj;,.t	tho htiti n lipprovtd h rcby,: .
--;·;,:c.··.	' . , .•,';·
. aa they may bo amended from tlmo to time) for any District pu;poie, ,Mny and all iuch r,qu'es.ts

.

, .

.· by lhe Distri.ct for authorization to apply for or uso such gr.antsco.·r. l' oa. ns·,  s'h., all bo mado to·.M..  iami•

:' ')

Dado County, which sh.JI have tho solo discretion to decide wh theito allow application for'i,;,y . 1uch loans or grants.   Should  tho County apply for. a,rn,;y_  such loans or grants on behalf of the District, tho District shall pay all costs to tho County in connection with any such application/,;
The Miami-Dade County Water and Sower.Department shall provide all water and wastewater service to the District and all lands within the District boundaries.
Tho Pentathlon Community Development District shall, to the best of its
ability, fully utilize economic development enhancement resource agencies and programs designed to involve small and minority businesses in tho development and expansion of permanent job opportunities within tho District. The proposed lnteriocal Agreement containing this provisions shail contain examples of such agencies and programs. The Pentathlon Community Doveiopment District will attempt to access the range of job skills available in the region and promote greater 1abor torcc enhancement. At a minimum1 the Pentathlon Community Development District shall encourage all landowners in tho District to provide potential commcrciai tenants with information about employment and training agencies that maintain a
database oftraincd/1kil1cd workers to consider in meeting tho District's employment needs,
,.st

,.,:t;,

" payment measures.

,.;..::ii, i_'. .:".1.t::;. :,;_j1','.,·, §t.i\

<	'1   '·,·::;:; :<·;.

(e)

The Pentathlon Devc!opment District shall provide for the election' of a.

.

,.     .	' . ' '

member to !ta Board of Supcrviaon who is d441l) b).' tJ1qA3oatd of County Conimissio en to·
• , I	'	•

rcpreaent the voice of Miami-Dade County.
\'.'.,- .-

,--.,,, ._:. ·.. ;

In addition to noti e required under Section 190,048, Florida Statutes, the Pentathlon Community Development District shall provide a sepante notice to each prospective purchaser of residential property in the District, prior to execution of any contract for sale, describing the type and amount of ail projected taxes and assessments on the property in the Dilllrict, Including a good-faith estimate of the taxes and assessments on the individual parcel
··. being considered for prospective purchase,
The Pentathlon Development fltstrict shall adopt and utilize measures. providing for emplo;yment of welfare recipients by entities contracting with the District, Such measunes shall be In substantially the form of Miami-Dade County Resolution R-1206•97, as the same shall be amended from time to time.

Prepared by:
Joni Armstrong Coffey

•·\/

'   ..

,.1;

•. -' b ,.l . . , .'... ')

,w

"	'

EXHIBITA
LEGAL DESCR!itl'i :   C	i	.· .·•.·..

PENTATHLON COMMUNITY DEVELOPMENT DISTRICT.

A portion of the East ½ of the East ½ of Section 20, Township SS South, Range 39 East,, . Miami-Dade County, Florid4 In accordance with that survey prepared by_ Schwebke•;;,· Shlskln & Associates, Inc, Under File No, SD-136,A;.·J.•and .based on that certain: "AGREED FINAL JUDGMENT" as rooorded In Oflidial'Records Book 15074 al Page , 1044 of the Public Records of Dade County, Floiida·· d being more particularly, described as follows:	·

Bounded on the East by the East line of said Section 20; Bounded on .the South by the North Boundary Line of A.O.G, SUBD!VlSION, according. to the plat thereof as , Recorded in Plat Book 147 at page 91 of the Public Records of Dade County, Florida;· Bounded on the West by the West Line of the East ½ of the East Y,of said Section 20 based on aforesaid "AGREED FINAL JUDGMENT''; and Bounded on the North by the South line of a 100.00 foot Rlght-of-Way for the Seaboard Alrllne Railroad, asbuilt and · in place,
LESS AND EXCEPT (SCHOOL SITE)
A portion of the East ½.of the East¼ of Section 20, Township 55 South, Rang 39 !!as Miami-Dade County, Florida, in accordance with that ,urvey prepared by Schwebke• .. Shlskin & Associates, Inc, Under File No, SD•l36 A. J, and based. on that certain , "AGREED FINAL JUDGEMENT" as recorded In Ofllelal Records Book 15074 at Page 1044 of the Public Recorda of Dade County, Florida •nd being more particularly described as follows:

COMMllNCl! at the agreed East V. Com t s d Section 20; thence S86deg2lmin57secW, along the agreed South Line of the North Y, of the East¼ of the East¼ of sald Section 20, for 673.33 feet; thence N02deg27minl2secW for 35,01 feet to the POINT OF BEGINNlNO of the hereinafter described Paree of Land; thence continue N02deg27minl2sec for 946.45 feet; thence N88deg08mln59secE for 627,71 feet; thence S02deg29min02secl!, along a line 45.00 feet West of and parallel with the East Line of said Section 20 of 902,40 feet to a point of curvature of i circular curve to the right, concave to the Northwest; thence Southerly, Southwesterly and Westerly along the arc of said curve, having for Its element, a radiw of 25.00 feet, throug!i a central angle of 88deg50mln59sec for an arc distance of 38.77 feet to a point of tangency; thence S86deg21min57secW, along a line 3S,00 feet North of and parallel with the agreed South Line of the North ¼ of the East ½ of the East ½ of Section 20 for 603.80 feel to the POINT OF BEGINNING.
Containing of 4,134,638.34 Square Feet and/or 95.12 Acres more or less,

I I

•

l( iit1r( )ii;
f:/S,

Pentathlon COO

.,

'

.  ;'.,,,,,
•-•'/•

llitilf;\!/ ,?

,,,1   v"-r !l·a	-:; o

i>!W :;_;t;;i:{::\ f{- i::·_­

@ 02·58

1

- ti v,JJi i \;'fi, :;;, , ,

:-h'l·••'" H••, IN RB·
I'.1c"i'/i}/S!iitt : it'.,,:·:·

AN ORDINANCE TO ESTABLiSH	)
THE PENTATH LON	)
COMMUNITY DEVELOPMENT DISTRICT	)

:l ,-.:_i.r_: _i:.:_;_y:•fi.t:Tr.;:, '·,.,' 'Petitioner, The Pentathlon Gr:: ,: :: Florida Limited Liability Company;

f' ',. ,f ),\ft4

j:t-ti•-     > 1"	,•	'

't v · ·1•,\ ¼i f:1,

.i'" -.- ,_:; ("Pctitioner'1, hereby petitions the; Miami-Dade County Commission to establish a.:..

t!8\ ··\:C- ;?    and in support of the Petition, Petitioner states:

:'(;-", , ,,, ,,,; ·,Community Development District ("District") with respect lo the land described herein

;

1

J

d :;.;:,;-;t	1.	The proposed District is located wilhin the unincorporated o.rea of Miami-· ·,_:  -{\))

::}!\}

Dade County.  Exhibit I depicts the general location of the project. The proposed	· ,,··  h
{•.''· .;,'. /•,!<·District covers approximalcly 21.ll acre!'! of land. The metes and bounds description of'
···,e•.;, !-<	tho external boundaries of the District is set forth in fu:.hihi!.l, There is no real property
within the internal boundaries of the proposed Dislrict which is to be ex.eluded from the
District,

Attached to this Peti1ion as itl.and made a part hereof is the written consent to the establishment of the District by the 0,1,,·ncr or 100% of the real property to be Included in the District.

Tho five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows:

Michael Lattemcr Wayne Rosen Carlos Martinez Page Lattomer Patrick Gleber

1717 North Bayshorc Drive 112246	Miami, FL 33132
441 Valencia Avenue #703	Coral Gable.,, FL 33134 5754 S.W. i00" Street		Miami, FL 33256
2845 Fairways Drive	Homestead, FL 3303S
t 7 t 7 North Bayshore Drive #I 134	Mi'1llli, FL 33132

The proposed name of the District 10 be established is Pentathlon Community Development District ("PCDD").

s.
outfalls.

There are no existing major tnmk waler mains, sewer interceptors or

The proposed timetable roe 1he cons1ruction or District services and the estimated cost of eonstn1cting 1hc services, based on availabh: data, arc shown on Bxhibhs 4A and 4B, These arc good faith estimates but is not binding on the Petltioncr and the Dislrict and is subject 10 change,

""" --.,,-, ·...........-.....	p,,;,;,.,.

t

Pctilioncr  is in  lhc  process of developing  the project  as a residential;	}?;
community. The proposed uses for the land within the District are 514 ttsidentlal units-

1

The proposed uses for the land included within the proposed District arc consistent with:: J tJ the Miami•Dadc County Comprehensive Development Master Plan ruld the Miami..Dado:;r < ) County Fulure Land Use Element, The Counly Master Plan and Fulure Land Uso)J .;/J
·. Element  designate the land contained  wilhin  the proposed  District  for low dcnsity_·;;\{ij'.f,i\
residential. The future general distribution, location and extent of public and privatc.uses?f f{;{

' of land proposed for the area within the District arc shown on Exblhlil,

..,-,{.,\,:·:\(;./'::f.'t.-;!.,,;¾;:£1

tf:J:i

Exhibit 6 is a Statement of Eslimated Regulatoty Costs prepared in :- i}l
accordance with the requirements of Section 120.541, Florida Statutes.	-,,,:' _: ,:·:';'_'}f

•t\

The District is teeldng and hereby requests lhe right to exercise all powers}Ji! /Jj provided for in Seclion 190.06 through 190.041, Florida Stolules (except for powers regarding waste disposal or collection of any waste other than commercial or industrial),'}\;_j ;)
Florida S1a1u1es,  including the special  powers provided  by Section 190.012, Florida is'.:?'/
Statules.	·

I0.	The Petitioner is	ruh!.2UJw a Florida Limited Liability,·::.' Company, whose nddrcss is 13 S.W. 71   Street, Miami1 Florida 33130.	._ /;: ·
I l.	The property within the proposed Dis1rict is amenable to operating as an
i	independent special district for the following reasons:

or

a,	EStablishmcnt of the District and all land uses and services planned within the proposed District are not inconsistent wilh applicable elements or portions the effective Miami•De.dc County Comprehensive Development Master Plan,. as amended.

The area of land within the proposed District is part of a unified plan of development for which a development plan h3s been or will be approved by Miami Dade County, The land encompassing 1he proposed District is of sufficient size and is sufficiently compact and continuous to be developed as one functional Inter-related community.

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

The proposed District will be the best alternative available for delivering community development services 10 the area to be served because the District provides a govcmmcntal entity for delivering those services and facilities in a maMer that docs not financially impact persons residing oul.Side the District and provides a responsible perpetual entily capable of making reasonable provisions for the operation and maintenance o(the District services and facilities in the future.

" I

, ''· ,-} :

.. I

. . it,';K,:::
o 2 • s/i2,•{2:l)A
EXl!lBIT I	,,,. :'( ;{;·;, ijP1

- 'l,"

PENTATHLON  COMMUNITY  DEVELOPMENT DISTRICT.	,: :,i
GENERAL LOCAIJON OF THE PROJF..c:J.   .	' •'':01i1\

:•'.

,, ?
):

::\ H'-•--+-----
17

I	'\

f--

I

'

'''	4
G
Ii
.aw.

Pentathlon COO

, ....

....- ...-...........

;
_,.,...

t.;t----:i:-":r:=:t l6' 9.-.t 	+-

.............

I/ .•

...

8 :'.•.

I\XHIBIT 7
LEGAL DESCRil'TION

PENTATHLON COMMUNITY DEVELOPMENT DISTRICT

A portion of the Enst ½ of the East Vi of Section 20, Township 55 South, Range 39 East1 Minmi•Dadc County, Florida in accordance with lhat survey prepared by Schwebke­ Shiskin & Associates, "· Under File No. SD-136 A. /, and hosed on that certain "AGREED FINAL NDGMt:NT" as rccorued in Official Records Book 1S074 al Page 1044 of the Public Records of Dade County, Florida and being more particularly described as follows:

Bounded on the East by the Eas1 line of said Section 20; Bounded on !he South by lhe North Boundary Linc of A.O.G. SUDDIVISION, according to the plat thereof as Recorded in Plat Book 147 at pasc 91 of the Public Records of Dndc County, Florida; Bounded on· the West by the West Linc of lhc East I,\ of the Eas1 Y, of said Section 20 based on aforesaid "AGREED FINAL JUDGMENT"; and Rounded on U1c North by the SouU, line of a 100.00 foot Right-of- Way for lhc Seaboard Airline Railroad, asbuilt and in place.

LESS AND EXCEPT {SCIJOOL SITE)

A portion of th East ½.of the East ½ of Section 20, To\vnship 55 South, Rang 39 East, Miami.Dade County, Florida, in nccor<lancc \vi1h that survey prepared by Schwebke­ Shiskin & Associates, lnc. Under File No. SD.1.36 A. J. and based on that certain "AGREED FINAL JUDGEMENT" as recorded in Omcial Records Book IS074 al Page 1044 of the Public Records of Dade Coun1y, Florida and being more particularly described as follows:

COMMENCE al !he agreed EaSI ¼ Comer  of  said  Section  20;  thence  S86dcg2 I min57sccW, along lhc agreed Samit Linc of lhc North ½ of 1hc East Y, of the East Y, of said Section 20, for 673.33 feet; thence N02dcg27min I 2sccW for 35.01 feet lo the POCNT OF BEOn-lNING of lhe hereinafter described Paree of Landi thence continue N02dcg27min 12sec for 946.45 feel; !hence N88dcg08min59secE for 627.71 feet; thence S02deg29min02sccE, along a line 45.00 feet West of and parallel with the East I.Inc of
said Section 20 of 902.40 feet to a point of curvature of a circular curve to the right, concave to the North\\.'Cst; !hence Soulherly, Soulhwcslerly and Westerly along the arc or
said curve, having for its clcmcn1s a radius of 25.00 feet, through a central angle of 88degS0min59scc for an arc distance of 38.77 feet to :t point of tangcncyi thence S86dcg21min57sccW, along a line 35 .00 foci Nor1h of and parallel with the agreed South Linc of the North Vi of the East ½ of the East ½ of Section 20 for 603,80 feel to the POINT OF Bt:GINNING.
-..	Containing of 4, I J416J8.J4 Square Feet and/or 95.12 Acres more or less.

•

. ......

' ......

EXJIIB!T 3

CONSENT AND JO!NDER
TO CREATION OF A COMM UNITY DEVELOPMENT DISTRICT
THE UNDERSIGNED is the owner of certain lands located in Miami-Dade County, Florida, and more fully described tlS follows:
See  Jlli.	:6: ouo.ched hereto ond incorporated herein.
The above-described land is hcrcinancr referred to as the "Propcrty.11
The undersigned understands and acknowledges that The Pentathlon Group, LLC, a Florida  limited  liability  company  (11Petilioncr")  intend  to  submit  Mi  application  to  create  a Community Development District in accordance with the provisions of Chapter 190 of the Florida Statues.

As an owner of lands which nre intended to constitute a part of the Community Development District, the W\dcrsignc.d understands nnd acknowledges that pursuant to the provisions of Section 190.005(1)(•)(2), Florida Statutes, the Petitioner is required to include the written con.sent to the establishment of the Comnmnity Development District of one hundred percent (100%) of the Owners of the londs to be included within the Community Development District.

The undersigned hereby consents to the creation of a Community Development District which will include the Property wi 1in the lands to be part of the Co111munity Development District and e.grees to furlhcr execute any documentation 11Ccessary Or convenient to evidence this consent and joindcr during the application process for the crention of the Community Development District.

The undersigned hereby ncknowlcdges and ngrees that the foregoing consent and obligation to execute additional documentation is and shall be a covenant running with the land which shall bind the undersigned's heirs, personal representatives, administrators, successors--in­ title and assigns and shall remain in full force and effect three (3) years from the date herco£
Executed this day of ,_Fe:c;b:.,rc,uo,a,arY,	 , 2002.

TIIE PENTATHLON GROIJP, LLC
Dy:	Carlos E. Martinez, Manngin!i,Mcmbcr 13 S.W. 7t Street Miami, Florida 33130

I  '\'

t,.,, IMPROY£MENT

PHASE'J

EARTHWORK
OFF-SITE
SIONS &!,faRKINGS CONCRETE AND PAVINO STORM DRAINAGE
WATER

February 2002
February 2002
lune 2002
May 2002
March 2002
March 2002

SANITARY SEWER

Pl:IASEU
EARTHWORK OPP-SITE
SIONS & MARKINGS CONCRETE AND PAV!NG STORM DRAINAGE WATER
SANITARY SEWER

April 2002	June 2002

Dcccmbor 2002	August 2003
March 2002	September 2003
June 2002	September 2003
May2002	August 2003
March 2003	October 2003
February 2003	September 2003
May2003	December 2003

>,: '.".

c...., ,...-",_........_.,,_,,,...

., ()

EARTHWORK	S427,S04.44	
OFFSITB	SBJS,802.66	
SIGNS & MARKINGS	$31,981.70	
CONCRETE & PAVING	S310,627.80	
STORM DRAINAGE	S829,897,SO	
WATER	ss12,496.80	
SANITARY SEWER	$763,039.95	

F,XIIIBIT4B
PENTATHLON COMMUNITY DEVELOPMENT DISTRICT CONSTRUCTION COSTS ESTIMATES

',,. ITEM

TOTAL '' PHASE I

TOTALS PHASE l	S4,014,350.85 I
TOTAL

EARTHWORK	$660,117.15	
OFF SITE	$276,071.59	
SIGNS & MARKINGS	$4,243.50	
CONCRETE & PAVING	$50,228.25	
STORM DRAINAGE	$113,240.50	
WATER	SI85,795.28	
SANITARY SEWER	$177,980.90	

ITEM

Pl!ASE2

TOTALS PHASE 11	Sl,467,677,17 I

 GRAND TOTALS	S5,482,028.02 I

.

EXHIBITS
MAP OF DISTRICT	,·

'

.,\II	f    I    I    I    I    I    I    I    I    I     I,	I    I    I    I    I    I    I    l    I    I    I._-.
'  r·-._,........,_ --·-- "T·:1·";"·  ·-  ·-  ·-  ·-  ·-  ·-1  ·-      ·            T'  --.

r.r........" ..

  	.: )- :.> 1EHJjl:l:l:j:l:!Jl4
1-1-   -1'-1-..J,.J-.11-'1•4-'W

/i'

''	O        I       f        O     I         I      I       I      I	1       •        •        1       1        f        o    •     •     1    o   o,	..
t-·:-••I'-•..·--·-·-· ·: L  : . .::-·-·-•..t•-·
1....-·11...rl.
:_,i:;t:j•,... •• I O O O ': I I • 0 I- ••••- J r a O • ·•:- ,,,f

' ·

,..1,_...1,,,...,_,	
I ... t O J 1 I I	1

,-;-•-r•:-·-·J·-·-·-·--··-·-·-·.J.,fJ-

•	•	'.....!._J,I ....	l'

C1 _!\V1'!''  ';"  I	It	al, 1       Io	,r;•

=t:

f        I	•       •        •       •      o   -;-n,1..,:_	•	,. --·	...
··,· ·-"•·-- -·-·- ·.,:·j
'	..... : :i:

.,... -,j _I   ,_.,,_,,•_;   L...!...

.....L
-.!.

•

!-!.l .""l''"' -..:r-	_:_ •

I

.  ...	•frj•I•	'""-I	•
::::	•    • 1 -	-	••

L...i.,11

I	o	O	A•
1--	'	t-.:..1-.:.	L.,i..
,..:... /    >-'-1,.-'--11 _.:...L!...
1....:..i...:. C-.lll-'-l-'-l	,;_

f'-:1

i	I	o	I	µ...
lh-'+-.41,._	.:...
•   ..   ·i   •I,.	•  ,,  i  ·1 ,.	•-•--•

  	I

if., -;;: .,.:;::·;:/':, · · ;•I·' •  i.	rtl  •  ·[:r
-i	1'   ·	'	I•·'·l·· 	i
- ,_:_  .i     •.-j:.- t  • '.  .	'•	•	,•_,('I _\     ,--:;,.·,--	i

...	I:;::

·--:- Lo•...;--:...

•'	••

-y•

.••·

t-!- ..	· · 1 --:- 1
···''l	•·

r•i-.cL...:.:-,..::...• ..---":'-:''-'	:  ·	(....;_	'   ....... I.·	l
;-:--	•	.	'	I-!... • - L.:--,-- --	-
:...t..i,-!..	'	•	-·-  :;	'    '	•
..:....1  ,  •   1	.  •	•	r•r•	...	,1

'·,w .

'	:	•!· ·.·  •{	.....
-;-   J  ...:,_J,_,_,.,.,_.,  ._,,_,   '     r	'
_';. -I',..'''	•	1       .,.,'·. ····1•m•"··1·,1"..  i -,

J.	' .

'

•..	' ..:....J•...'... '.	• ..:..,.1.0 ,i

+...;... · f-T½'-1.+-l-'\-lo-.Y.'r4'..,jf	•...I   --:-

f	ffi:\:B:c:·. '.:.......:

--:--- r f-•- _,--·---:--·rr·-·-·-·.l '·-·	 	!.,-
lf]1	i

 LLJJ.J]JIIJtl:.

,...,_  ·   -   -  ---...  .L.·- -·-·- -·-·- -·-·- -·  ..

/;• · ·	LUJ..
I

Pctidon • E•hibh S

EXHIBIT§.•,,.., ,, ·

,f :;'C.'.Sc•
·:,)(::(,

 {{{ ir::.·{·;
I:;

,;.,,,A:'t':'	Statement of Estimated Regulatpry

·,	. .

,.i  ...;	!

February 28, 2002

Prepared by

•

Special District Services, Inc.
4600 East Park Drive, Suite 20 I Palm Beach Gardens, Florida 33410 Tele: 561-630-4922
Toll Free: 877-737-4922

\,  I	P'1h! - Frlll h iS

•

 !

:./r:\?§ ,rt!
rl a . s o	<i	0·2 • 5 8Jl{j
1111
,,	oo, rno,
1,1	Purpose and Scope	·, .· ,?;fit/

,

\.: . ,- ._:	This statement of ea.ti mated regulatory costs supports the Pentathlon Oroup, LLC•./f1f1
a l'lorida  limi _ed   liability comp"'1y, C'Pctitioner') potiti n to establish a •.oll'!"unity}i;(:?,1

V\,j

development distnct to be known as Pcntathlon Conunun11y Development Dtstnct (tho •'.J:'i\/1: ''COD"), The COD will own, operate and maintain a portion of the community::t-.:?\; infrastructure for a development to be known as Pentathlon, located in the unincorporated. }\ area of Miami-Dade County, Florida.	·
,.
A community development district is an independent special taxing district -, authorized by Chapter 190, F.S. (the "Act") to plan, finance, construct, operate and. maintain community infrastn1cmre in planned community developments. As stated in tho Act, a CDD provides:

11... a solution to 1hc state'• planning, management, and financing needs for delivery of capital infrastructure in order" 10 service projcctect growth without overburdening other governments and their ta."<payers'\ Section
190.002 (l) (a), F.S.

Pentathlon CDD is not a substitute.for Miami•Dadc County, which is the local general•purposc governmental unit having jurisdiction over the CDD. The reason is the CDD docs noi ho.ve the planning, zoning and regulatory powers granted to Miami Dado County, As a result, all development undertaken within the COO must be consistent with alJ requirements of Miami-Dade County.

A CDD's powers arc stric1Jy limited lo planning, financing, constructing, operating and maintaining community infrasrmcturc,

The scope of this statement of estimated regulatory costs is statutorily limited to evaluating lhc consequences of creating the Pentathlon COD, The policy of the State regarding the scope of tho CDD establishment process is explicitly set out in Section
190.002 (2) (d), F.S. as follows:
"That the process or establishing such a district pursuant to unifonn general law b-c fair and basccl only on factors material to managing and financing 1hc service-delivery function of the dis1rict, so that any matter concerning permitting or planning of the development shall not be mate1ial or relevant."

Therefore, the only rclCvant concern is whether Pentothlon COD will be a financially visible entity,

.   ·--:---..\'..5.f'';.·'N·.--i1:\o:1J;-twl!fm]{)/;i,·t}.-'

Ji,ri,JJ,,•,

0 2 • 6,8

- _t 1,11·ni·"',

·.\·:·){llfil
J.2	Pentathlon  Development	''· .-·	:-:).-}.( fft f­
The proposed Pentathlon Development is located within Miami-Dado County,'q(/'fJI,1 Florida.  The sole landowner and developer ("Developer") Is The Pentathlon Group,;t{t:tt
.LLC, Florida limited liability company. The proposed Development Is designed as a .·{:I:'c:/1
.-r;,,m ter pl_anned rcside tial dev,elopment, serving soulh Florida markets with 51_4 dwelling}:'.; ) : :
:_::-1_ 1Ull!l designed to service a vancty of buyers.	·  -	_ ·	:;_,.	:·.-  •.-, -,>?t:tNtJ
<-· -	cntathlon Development is located in the unincorporated area of  iami-D :)\ ¥;B1
. County, Florida, between S.W. 136th Street and S.W. IS2" Street (Coral ReerDrive) and "••·. ··
is bounded on the north by the Seaboard Airline Railroad right of way, on the south by_._\,/;;,;,,;,, the AGO Subdivision, on the east by S.W: IS7"' Avenue and on the west by existing }':}};ill
developments.. Pentathlon is planned as a self sustaining residential community, t\+-:;}Y:}1(_1
,, Projected build out of the project is 3 to S years.	i:tff t¥
1.3	Pentathlon Community Development District (COD)	,:.:.,:t{1ifjj
.-- .... ,,,:

. I.

The Petitioner proposes to establish the Pentathlon Community Development Dhilrict to Require, construct, operate and/or maintain some of the infrastructure and community facilities in the  Pentalhlon development.	outlines the proposed development plan timetable and the schedule for completion of the various projects.

ll1ll£.l shows the infrostmcturc that is proposed to be constructed by the C_DD and the estimated co!its.

The financial design of Pentathlon COD was cnrefully fonnulated to help asturo that the COD will be strong, stable, and able to stand alone throughout its lifetime. A detailed cash-flow analysis has been developed for the proposed range of potential future economic conditions in which the proposed district might have to operate. In all cases, the proposed financial structure allowed the COD to remain financially strong and capable of carrying out its obligations. The important features of the financial design for proposed COD are discussed below.
As outlined in I.nJ21.ql, Penta1hlon CDD is projected to finance the constniction or the sur(ace wa1cr management system. The bonds used lo finance the surface water management system will be retired 1hrough the use of non-ad valorem nssessments levied on all property owners in the district.

The CDD will own, operate and maintain the surface water management system in the COO. To defray the costs of operating and m;1intaining the infrastructure, the COD will make use of non-ad valorem maintenance assessments levied on nil assessable property in the di:strict.
The COD is projected to fiMnce the cor.stn1ction of the wnter distribution system
and the wastewater collection and trnnsmission facilities. The bonds used to finance such

2	Pclltlon - E11.hlbl1 6

....,,, ::,•,:1!/ll .

o 2· ··ss·1!

.-iint rt

;_ >(':).:,'•;;.:,

·).-:/·-';.·,.--.

it.·!	infrastructure will be retired through lhc use of non•ad valorem assessments levied on ail</(:-\>.

_.' 'property owners in the dis1ric1.	·

· ·

1

i\fJf {

.:, , ,; . facilities will be conveyed 10 Miami-Dade Counly Utilities Department. Thus, tho :>/(:'.

·

The water distribution system and the wastewater collection and transmlsslon-/:-,'.J)i(i
:·\,:,:   i( operation and maintenance of these facilities will be the responsibility of the Utilities'.,::;;{ftM
.   .,.	Department.

Tho COD Is projected to finance the construction of the lntcm•I roadway system

'•fJi.f.ri

and certain offslte roadway improvements, The bonds used to finance such infrastructure will be retired through the use of non•ad valorem asscssmcnls levied on all property owners in the district.	,-

,

The COD will own, operate and maintain the internal roadway system in tho COD. To defray the costs of operating and maintaining the inflnslructurc, the COD will make use of non-ad valorcm maintenar.cc assessments levied on all assessable property in the district. The offsitc roads with be owned, operated and maintained by the COD or another governmental agency,

Finally, the Petitioner Ji.is no plans for the COD to issue general obligation debt or to levy ad valorem taxes. The financial stmcture of the District is such that there is no need to use ad valorem taxation.
..	2.0	COSTS AND BENEFITS OF ESTABLISHING THE PENTATHLON COMMUNITY.DEVELOPMENT DISTRICT
2,1	Costs to Mlnml•Dnde County to Implement the Proposed Community
Development District

Chapter 190.005 (2), F.S. mandates that the cXciusivc and unifonn method for the establishment of a community development district of less than 1000 acres in size shall be by an ordinance adopted by the county commission of the county having jurisdiction over the majority of land in the area in which the dis1ric1 ls to be located.

The one-time cost of reviewing the COD petition is minimal. The County has its own In-house start to process pcti!ions filed for 01her reasons. Therefore, the marginal addition of one more petition to review resuhs in little, if any, additional cost. Review of the proposed dev:lopment will not be nccesso.ry since the project was previously approved through the PUO process. Considerable fees were paid by the Petitioner for that review.
Beyond 1hc minimal administrative costs outlined above, there will be only Inconsequential costs to Miami-Dade County and the general citizenry because o( the establishment of the Pcntalhlon CDD. The COD Is designed to serve the needs of its property owners by financing, constructing, operating and  maintaining  the infrastructure

c:...,_,_......,,_.. .,,_"'•""'	Pttitfr:w, - Exhibit 6

:\§:ti

•

(e

; "·. ,-. : ·-,

i •.;: . r;,:;<;'. : f;;\: ?i : ·:!'.if

 	

1

1.·•,..r·.'·.::.·.'.·.-...·....;.i,..,..:.'..,',.,::,,:···;··}·;,:,:,:,:s,

O 2;.• ;

,:	t , ;'i,

i	

1

r,g; r'J •:,,,.:,;;' and other service, needed by district residents, Th.• CDD will not requ.i;'• • b.!idiea:,;;;llit&W'ii\

t;vJ,;;;;,;,,;/,•:,,'

_ _	d ', :-.•••',-,,-;'1·'$

;i_..,f;,.;,_ r',Yi;-:;." .•..' ., '  •   Miami Dadc County.	·,_.·,·/·:/,,,.;.c,.f,':1.-·
Finally, the COD will pay its own election COStf and will pay . bstantial fe r r\fC;\,i,iiJ
t\:;?)5-f:;)W :.·.,.,i;, .. other·urban scrvic s, s  h as tax assessme_nt and collcchon.- Thus, the net costs to. 1an11•_,:l}}f!1f 1
/s%fJ;//'i'•i'.•, Dado County and its c111tens due to estabhshmenl of the Pentathlon COD ar  neghg1blo, ,,;,; :,f'(  W} f  q'_,
t  \tfi/t 'J-.	-,	.	,-   . .	';1'{ '_:-;_; J , 1:j
t-t -(j!J;/!J\:·	Concern that dislrict obligations, particularly debt paymenls, could become state' )_tt:ft}l:/1{
;;)':(•	,;,,,,	.· or county obligations is without founda1ion. This point was mnde explicltly.elear by tho :;\".''%)1
iii.•, , ')',.:,	·., Legislature when it adopted Section 190.002 (3) F. S. · ·	. ·	. ··. :.	, · ., ·••.•>: : ..,.\ .'.;:

if:}/, :,

bil !:i: : ?,   : .f:/J	:iti  l n e	ed h  n: L :  ; 1    ; j; ; f:.:£ !	l::ii;1 '\ji}:;tl

1:

1

sovemmcnl without Its consent." Section 190.002 (3) F. S.
Benefits to Mlaml-Dnde County and Its.Citizens	

•

There arc several types of benefiJS (both indirect and direct} which will flow to Miami-Dade County and its citizens if the COD is established. First, with regard to the. indirect benefits, approval of the COD satisfies the intont of tho Act by providing a solution to the planning, management and financing or capital inrrastructurc to service projected growth without overburdening Miami-Dade County and its taxpayers, Section I90.002 oflhe Aet is quoted as follows:

"(1) The Legislature finds that: (a) there ls a need fot unifonn, focused and fair procedures in stale law to provide a reasonable alternative for the
establishment, power, operation and duration or independent districts to
manage and finance basic community development services; and that, based upon a proper and fair detcnnination or applicable facts, an efficient, effective. responsive, and economic way to deliver these basic services, thereby providing a solution to 1he state's planning, management, and finMcing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002, F. S.

A second indirect benclit which Miami-Dade County and its citizens receive is the improved level of planning and coordination which the CDD will provide. This benefit will minimize any potential negative impacts to other citizens and jurisdictions.
111t  is  in the  public  Interest  that  long range  plaMing,  management,  and financing and long-tenn maintenance, upkeep, and operation of basic services ror community development districts be under one coordinated entity." Section 190.002-(1) (c), F. S.

e,..,,.,,.,...,,,..,...,_.,,.·•·

f:;>,.

[ :lit<1.1.3 a	s o

o

By enacting the Act, the Legislature recognized thot substantial public benefits accrue from well-planned community developments in Florida. Pentathlon COD is just

the type of planned development envisioned in Chapter 190, F. S.	·
It is most difficult to place a dollar value on these Indirect benefits: however, they·.:,,,.,.,,.
are cenainly substantial. Furthem\orc, given the minimal costs incurred by Miami-Dade County if the COD is approved, the benefits clearly overwhelm any such costs, yielding significant net benefits to Miami-Dade County and its citizens.

Pentathlon COD will provide a number of direct economic benefits lo Miami• Dade County and its citizens. First, the COD is the best means of assuring that COD · residents receive the services they need, white at the same time restricting the cost to only, those who receive lhe services. This financial structure binds those who receive the COD services to the obligation to pay (or those services. At the same time, this structure also allows future COD residents to control the entity which provides the services and levies the assessments to pay for those services, Miami•Dadc County and its citizens arc not involved in any way in the financial obligations. operation or maintenance of the district.·_

A second economic benefit which accrues to Miami•Dadc County and hs citizens is \hat establishment of tho COD frees the County of responsibilities and costs or the management and administrative burden of the COD. Thus, il will be possible for the County Commission to continue to focus on those areas of the county that require more immediate attention.

Conversely, residents of the COD will be able to address their concerns about infrastructure to the Board of Supervisors of the COD. This focus will lighten the burden on the County Commission compared with what would likely occur without the COD.

The COD is an independent governmcnl:il unit, it has its own independent board and budget, and it must sec to its own administration. This arrangement for goveming and administering the district means a considerable cost saving to lhe County over other types or arrangements. Any other fonn of government or financial structure would result in the County being al least panially responsible for the community's services.

Third, approval or the proposed COO would minimize some increases in the cost of County funded services. As new development occurs in any community, residents or the new area demand increased levels of services over and above lhose provided before development. The costs of providing these services are spread to the remaining taxpayers in the jurisdiction of the local govcmmcnt(s) providing the services. If this were to happen, trucing and spending levels would increase, and costs would be passed on, at least In part, to surrounding residi:nts. Tho result would further strain the County budget. Wilhout the CDD, development of Pentathlon could possibly increase the d mands on Miami-Dade County to extend and improve services to the community.

Founh, the COD proposes to construct the woter distribution system and the wastewater collection nnd transmission facilities ond to deed same to Miami-Do.de

('#11 --,-.-._.,.,.,_,_lll...	l	,j· /	Pcthion. e.\hlbll 6

, ·. , .

;	'<{11&i!Jil!

. f: 1 :;/,.'_\IJ1,1t!J.t1.

'0 2

58 Ji'>1l;tk;\{.i

,

.. • '1y 0

County at no cost, Tho estimated c s.t to the cpo to c?nstiuc.t th •• facilities is °'P.C:\ed ii:fi

!	: . ::::I

not to exceed Sl.939,313, In addition to thas donauon, Maam1-Oado County Uubttes .,'{,·•·· •,;; Department's customer base will Increase by approximately lii,houschold1, ''·	·:·•;-.,. '..{",;)/\

·

··• ,·. ; · :,,. • >	The proposed COO will serve the needs oritsresldents. The board of superviso \;J:}{:

..,,,

f

and its citizens include the avoided costs of adrnlnistering public services for lho·,
community. In addition, there arc significant, if only intangible, benefits which result
from having a district to ensure that COO residents get tho services they need. The COO also ensures that its propcny owners, and only its property owners, pay for the services they receive,
2,3	Costs to the Petitioner
Tho petitioner will Incur substantint costs if the COO Is approved. These costs · can be grouped into four categories: {1) planning and applying for the COO; (2) contributions for managcrncnt and technical assistance; (3) payment of CDO taxes; and
(4) donation of capital facilities,
It Is costly and \ime consuming to plan and apply for a COO of tho sizo and complexity proposed for Pentathlon COD. First, the Petitioner has secured a team of professionals including attorneys, engineers, investment bankers, planners, economists and special district experts 10 insure that the COO will perfonn M provided by the Act,

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

Thh t, the Petitioner will pay substantial COO assessments and fees over the life of the project. During the first several years of the project, the Petitioner will be the CDD's largest taxpayer.
Fourth, the Petitioner assumes considerable risk in establishing the COD and attowing the advance funding of the inrrastructure, As the sole landowner in the Initial stages of development, the Petitioner assumes the sole liability for alt the debt incurred by the COO until the land is developed and sold to individual homeowners.
2.4	Benefiu to the Petitioner
The COD will also provide the Ptlitioncr wilh several benefits, First, the COD will provide access to financing for a portion of the community's infrastructure. While this particular benefit to the petitioner is ob ious, it is not the most significant one. 1n

'/, ;;ij;:111

.·•.•  J. '.i   •   l  :,J	W	, 1

'it h "	4	o 2 •. 5. st-.x."
-   :-·     ·	;  '/i  >:" fttfiV?\
!		; 1  :   ;:t   fe  :\   l  t	: 1  •c7't   '.• significant, would not be enough by itselfto;:}   1 The value to the Petitioner of financing a portion of tho infrastructure though the·:::;';{fi
COD amounts to an annual financing cost difference in today's market which results In a·'.>>\):<c;:j
-.J.:    cost saving.  As a result, the potential gross savings will accrue to the future homeowners  ':.;i·:.  -'•·1

lte t

e t f

1	::'.ti:	W1: : : : \\ : ;: \ : ; a;: t s! : j

j.\.),·\··.:.'

0	,i:,: :1/:t•:;	1	0	Jif
assessments and fees to the COO.	·

'" \

Other benefits for tho Petitioner in establishing tho COO exist beyond the· ,;,,;:') flnancing of a portion of the community's infrastructure. Most imponant among these is.'::\tP-tl that the proposed CDD is a mechanism for providing Jong tenn, on-going maintenance , 1
and operation of COD facilities. Ullimately, the COD will be controlled and operated by	' '
the COD homeowners for their own benefit. This helps assure that the high standard which the Petitioner has set for the COD will be preseived throughout the life of tl10 project.

2.S	Costs to the Consumers

•

Consumers are people who will purchase 1and and residences in the Pentathlon COD. Should the COD be established, district homeowners will be requited to pay COD assessments over and above their County taxes. COD assessments do not affect or offset County truces. It Is thi! inr.remenl of expenses which Is the cost of the COD to the consumers,

As noted above, the COD plans to finance, conslruct. operate and maintain a variety of infrastructure and community services for tho benefit of its homeowners. Currently, homeowners in unincorporated Miami-Dade County are subject to a number of different ad valorem and non-ad valorcm taxes, All of these taxes will continue to exist regardless of whether 1he COD is approved. Homeowners of the COD will continue to pay County taxes notwithstanding the existence of the COD. Thus, these costs caMot properly be viewed as taxes that arise from the COD itself, even though district homeowners would pay such taxes. The point is that homeowners will pay these costs in any event. If the COD is not created, the cost of the infrastructure will be included in the price of the property sold to future homeowners rather than paid over time as a special assessment on the tax bill,

All prospective purchasers will be in(ormcd of the c)(istencc of the COD. Chapter 190.0481   F. S.  requires each contract  for the sale of real cslate within a COD include a specific disclosure s1a1emen1 in boldfaced and conspicuous t)'pe immediately prior to the space reserved in !he contract for the signature o(the purchases.

7	vi	Petition E hibit 6

•

41

l.ll\'

'/'::1.(ti,i!-\

:";,i'•· ''i

,, ·- '""•""'· -

_,> \   ,··:)J<.Will  receive a higher level of public services and amenities than would otherwise be tho.I . f} t: J

COD residents will receive three major classes of benefits. First, COD residents:?5f_FJ

02,sa.1,: ,1J1f\ '1iit

d

1

;''''' Ji', To be successful, the Petitioner feels that a mechanism is needed to help ensure a hlgh,:';'i''Yi
"< level of public services consistent with the project goals, The COD is the best vehicle for:::·':i\),>

-·,; t-r\1. case, Pentathlon is designed as a mixed residential project with high service demands. <)·{;%';1ii

·,J,;    .	this purpose.

-

' ,_

·,.	, ..'·,.':.-'\ ').'.> \;

amenities are maintained at a high level throughout the tifo or the project. This.:-/::'_":/

Second, the COD is a mechanism for suring that t e community ·s: ,icc and. \\ i{

mechanism protects the substantial investment purchasers will make in their home_s at_<// :

.	Pentalhl n,  .	.	·  .  .	,

,\tti

Finally, the COD is lhe sole fonn of govomance that allows district property ')cc.',C:

owners to totally control the type, quality and expense ofserviccs provided by the CDD. •. · ·.

•r ;\

It Is clear that lhe (orma1ion and operation of the Pentathlon COO will benefit its homeowners, The COO will be controlled by COO property owners, and will be operated for their benefit. Finally, the COO will help ensure lhat the high standards the Petitioner has set fot the dcvelopmenl will be maintained for the benefit of COO property owners,

3,0	COMPETITIVJi: EFFECTS

or

Approval of the Pentathlon COD will have an effect on competition in lhe l)larket for housing in Miami Dadc County and in those areas where there arc projects simltar to the Pentathlon. To understand the nnturc of these competitive effects, it is important to recognize lhc type of project envisioned at Pentathlon. The development is designed as a residential community currently consisting of ill residential units. As such, it competes with other developments serving this snme market niche. In addition, the granting a community development dls1rict for Pentathlon does not provide a competitive advantage which others could not obtain,

4,0	IMPACT OF SMALL BUSINESS

Approval of the Pentathlon COD will have a positive impact on small business as defined in Chaptor 288.703 (I), F, S, Mnny 1ypes of neighborhood services will be required by the residents of 1he COD, These services can be provided by the small businesses that currently serve the general area, Additional opportunities wilt also be created for new businesses to be formed or relocate to the area. No negative impacts have been identified for small businesses as defined.

'·
(  ....,.

--,· -,............ .--..,,	'

•
•
•

t!1\':/Jt:}('.:_.,..
i:.r-''"'•···I·- :!	,.0
tlt,l,i(li}'•'•.: •   10   G '   i
f*¥-'r•><;t•p1•,,.,i;,J:J·:.;"  ; ,, ••
 .  :, r,::;);',5.0	DATA AND METHODOLOGY	.	.	.. ,	.·· .	··.:·   \, <21, 'tff:f}1
I\	,, --', ·	'	· ·	< -·:-.:_::\-'-:-0_0   ;?f:rJ ,kij

. . •, Tho data used in this analysis, In particular the build-out schedulo and avcragc; l\\ifl home values, were developed and submitted with the initial application for the Pcntalhlon{{f/;}j
'? and updated for the petition for the COD,, lillk.1 outlines tho capital infrastructure,};'{.;\,:
.,	roposed to.b   constructed by or for tho CDD and reflect! the. best estimahlS of   /!:", ii }f-1
hmmg  at this JUncturc.	.	.	.	..  _ - - ;_ ·\:;;'. _•,;,li,::;:,;;/4 t•;t-,l
\r:;:,·t\ t ·		PROBABILITY   or     A Goon.FAITH  wruTTEN·P;	sJ.·		Eii}\\1] 120,541 (I)  (A), F, S.	'  ...		· ,',•j:il;IP.i

t,r%t

,;.··.:(, ii"	.-·:_:.)?,ftJt
Since the Petitio r represents the sole land?wncr of the property encompassing
,,,·. ·	the proposed COD, Pctu1oner ls the only substanllally affected party who could have i /Jy.",1

1

.,,·,:.;,.·•••,.·•••. .·.•'...•.·.•·····.·.•.:···•···,,··.•,·.,,:.,··..•··..··:/	c•.  ,'/	sthtaoncdrienagti,otonsuobfmthieat CDgoDodasfapitrhovitdteed nfopr oinpcoshaalp(toerar 1120w0,eS4r1er( g u1)  1a(tao),rFy.cSo,stPae1ht lrl;oi1naetirvebatos f',{\:!:'..',J'l)d.j
,,,.	·already explored all feasible alternatives to lower costs, including the alternative otnot ·W;: :,
.,,	forming the CDD, and has concluded that creation of the CDD is the est alternative.·.	·r ·'
7,0	CONCLUSION
The question is whether having a COD provide tho community services Is more financially viable, efficient and responsive to the needs of the homeowners than any other,: form of service provider, After careful review and analysis, the process of elimination·. suggests that the COD js, in fact, the most financially viable, efficient and responsive · way to provide the community services required for this projc:et,

The estimated budget for the COD indicates that tho various charges to. prospective home buyers will be moderate, and well within the ranges typical for Florida communities with strong tax bases. As noted in li!lltl,the estimated cost to provide the COD infrastructure is $5,482,082.
Finally,  it  is emphasized  that  the COD  Is the only governmental agency
responsible for the financial obligations of the district. Florida State law (Section
190.002 (3), F. S,) protects the State of Florida, Miami-Dade County and all other governmental agencies from all obligations of the COD, whether they are financial, administrative or operational.
•••••••••••••••••

0

•
•

,••	PHASE Tl		
I,	EARTHWORK	December 2002	August2003	
OPF-SITB	Mnrch 2002	September 2003	
SIONS & MARKINOS	1une 2002	September 2003 .	
CONCRETE AND PAVING	May2002	August2003	
STORM DRAINAOE	March 2003	October 2003	
WATER	February 2003	September 2003	
SANITARY SEWER	May2003	December 2003	

·,c

..

TABLEl
PENTATHLON COMMUNITY DEVELOPMENT DISTRICT CONSTRUCTION COSTS ESTil'vlATES

ITEM

TOTAL PHASE 1

r

EARTHWORK	$427,504.44	
OFF SITE	.	$838,802.66	
SIGNS & MARKINGS	$31,981.70	
CONCRETE & PAVINO	$310,627.80	
STORM DRAINAGE	$829,897.50	
WATER	$812,496.80	
SANITARY SEWER	$763,039.95	

EARTHWORK	$660,117.15	
OFF SITE	$276,071.59	
SIGNS & MARKJNGS	$4,243.50	
CONCRETE & PAVINO	$50,228.25	
STORM DRAINAGE	S113,240.50	
WATER	$185,795.28	
SANITARY SEWER	$177,980.90	

.t·.	TOTALS PHASE I ITEM

S4,014,350.85]

TOTAL PHASE2

 TOTALS PHASE II	Sl,467,677.17 I GRAND TOTALS	$5,482,028.02

Petition - Ethibil 6

V. ,".

STATE OF FLORIDA	)
) SS: COUNTY OF MIAMI-DADE	)

I, HARVEY RUVIN, Clerk of the Circuit and County Courts, in and for Miami-Dade County, Florida, and Ex-Officio Clerk of the Board of  County  Commissioners  of  said county, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Ordinance 02-58  , adopted  by the said Board of County  Commissioners  at its meeting  held on   April 23, 2002	, as appears of record.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 25th	day of	April	, AD.,2008.

HARVEY RUVIN, Clerk

Ll:')  	

Board of County Commissioners Miami-Dade County,Florida

By
Deputylerk

Board of County Commissioners Miami-Dade County, Florida