Midtown Orlando

CommunityDevelopment

District(CDD)

August 19, 2008

Midtown Orlando

CommunityDevelopment

District(CDD)

August 19, 2008

BCC Public HearingBCC Public Hearing

Presentation OutlinePresentation Outline

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Presentation OutlinePresentation Outline

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

IntroductionIntroduction

Chapter 190 Florida Statutes Infrastructure Funding Tool Not Land Use / Permitting Capital Improvements Element Policy 1.4.9

Chapter 190 Florida Statutes Infrastructure Funding Tool Not Land Use / Permitting Capital Improvements Element Policy 1.4.9

IntroductionIntroduction

Florida CDD’s - 576 Orange County CDD’s – 16

Unincorporated - 3 Falcon Trace Bonnet Creek Palazzo Del Lago

Florida CDD’s - 576 Orange County CDD’s – 16

Unincorporated - 3 Falcon Trace Bonnet Creek Palazzo Del Lago

Presentation OutlinePresentation Outline

Introduction Statutory Framework Project Background Review Process Petitioner Presentation Action Requested

Introduction Statutory Framework Project Background Review Process Petitioner Presentation Action Requested

Statutory FrameworkStatutory Framework

Consent of 100% of landowners Petition Must:

Designate board of supervisors List proposed services and

improvements Provide timetable/estimated costs Designate public and private uses of

land

Public Hearing Adoption of Ordinance

Consent of 100% of landowners Petition Must:

Designate board of supervisors List proposed services and

improvements Provide timetable/estimated costs Designate public and private uses of

land

Public Hearing Adoption of Ordinance

Creation RequirementsCreation Requirements

Statutory FrameworkStatutory Framework

Factors BCC may consider: Accuracy of Petition Consistency with Comprehensive Plan Developable as one functional community Best alternative available for delivering

services and infrastructure to area Services and infrastructure compatible

with existing services and infrastructure Amenable to CDD government

Factors BCC may consider: Accuracy of Petition Consistency with Comprehensive Plan Developable as one functional community Best alternative available for delivering

services and infrastructure to area Services and infrastructure compatible

with existing services and infrastructure Amenable to CDD government

Creation RequirementsCreation Requirements

Statutory FrameworkStatutory Framework

Ordinance may not expand, modify, or delete Uniform CDD Charter provisions May consent to certain optional powers

Ordinance may not expand, modify, or delete Uniform CDD Charter provisions May consent to certain optional powers

Creation RequirementsCreation Requirements

Statutory FrameworkStatutory Framework

Board of Supervisors 5 members Meetings subject to Sunshine Law

Board of Supervisors 5 members Meetings subject to Sunshine Law

GovernanceGovernance

Statutory FrameworkStatutory Framework

Uniform Powers under FS 190.011 No zoning or permitting power Special Assessments for

Services Capital Improvements

User Fees Issue Bonds Finance and Construct Infrastructure

Uniform Powers under FS 190.011 No zoning or permitting power Special Assessments for

Services Capital Improvements

User Fees Issue Bonds Finance and Construct Infrastructure

General PowersGeneral Powers

Statutory FrameworkStatutory Framework

Finance, construct & operate: Water and Wastewater Roads, landscaping, underground

electric utilities Transit, Parking, and Signage Environmental Clean-Up, Conservation

Areas Other projects

Finance, construct & operate: Water and Wastewater Roads, landscaping, underground

electric utilities Transit, Parking, and Signage Environmental Clean-Up, Conservation

Areas Other projects

Special PowersSpecial Powers

Statutory FrameworkStatutory Framework

Requiring Consent of County: Parks and Recreational facilities Fire prevention/control facilities School Buildings Security – but no police power Mosquito Control Waste Collection and Disposal

Requiring Consent of County: Parks and Recreational facilities Fire prevention/control facilities School Buildings Security – but no police power Mosquito Control Waste Collection and Disposal

Special PowersSpecial Powers

Statutory FrameworkStatutory Framework

Requiring Consent of County: Parks and Recreational facilities Fire prevention/control facilities School Buildings Security – but no police power Mosquito Control Waste Collection and Disposal

Requiring Consent of County: Parks and Recreational facilities Fire prevention/control facilities School Buildings Security – but no police power Mosquito Control Waste Collection and Disposal

Special Powers RequestedSpecial Powers Requested

Presentation OutlinePresentation Outline

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Project BackgroundProject Background

Ruby Lake PD Approved for:

3,600 Residential/Resort Villas 900 Hotel Rooms 480,000 sf Tourist Commercial 72,000 sf Office Equivalency Matrix

Nonresidential Development 171.4 acres I-Drive Activity Center

Ruby Lake PD Approved for:

3,600 Residential/Resort Villas 900 Hotel Rooms 480,000 sf Tourist Commercial 72,000 sf Office Equivalency Matrix

Nonresidential Development 171.4 acres I-Drive Activity Center

Project Background

Project BackgroundProject Background

Infrastructure Improvements Roadway and Lighting Stormwater Improvements Potable Water Reclaimed Water Sanitary Sewer Chilled Water Fire Protection System Off-Site Improvements

Infrastructure Improvements Roadway and Lighting Stormwater Improvements Potable Water Reclaimed Water Sanitary Sewer Chilled Water Fire Protection System Off-Site Improvements

Project BackgroundProject Background

Wildwood Interchange at I-4 Potential Offsite Improvement To be included in bond validation Anticipated Partnership with other

Landowners Potential to include other partners

expansion additional CDD

Wildwood Interchange at I-4 Potential Offsite Improvement To be included in bond validation Anticipated Partnership with other

Landowners Potential to include other partners

expansion additional CDD

Presentation OutlinePresentation Outline

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Buena Vista Corporation

August 19, 2008August 19, 2008

Community Development DistrictCommunity Development DistrictPresentation toPresentation to

Board of County CommissionersBoard of County CommissionersOrange County, FloridaOrange County, Florida

Guy Haggard, Esq.Gray-Robinson

CounselBVC/Buena Vista Corporation

County Staff ReviewCounty Staff Review

Dr. Hank Fishkind, Mr. Doug Sealy, Mr. Dale Dr. Hank Fishkind, Mr. Doug Sealy, Mr. Dale Fitch and Mr. Lance Bennett have provided pre-Fitch and Mr. Lance Bennett have provided pre-filed sworn testimony included in the document filed sworn testimony included in the document packages provided to each of you and placed in packages provided to each of you and placed in the record of proceedings for today’s hearingthe record of proceedings for today’s hearing

Notice of Public HearingNotice of Public Hearing

County Staff has reviewed all documents and County Staff has reviewed all documents and has recommended the establishment of the has recommended the establishment of the District and the approval of the related District and the approval of the related Interlocal Agreement and Agreement with Interlocal Agreement and Agreement with Petitioner for the CDD.Petitioner for the CDD.

Development Concept Presented by Chuck Bell

Artist Rendering

Retail Village (Phase 1)

Retail Village (Phase 2)

Night-time Spectacular Around the Lake

Luxury Resort Hotel Towers

Five Star Luxury Hotel

Artist Rendering

Connector Road

Midtown

Palm

Par

kway

Inte

rsta

te 4

Ap

op

ka V

inela

nd

Road

Future Connector Road

Proposed I-4 Interchange at “Wildwood Road”

Interstate 4

Palm Parkway

Future Wildwood Road

Future Connector

Road

Financial Analysis / Dr. Hank Dr. Hank FishkindFishkind

Artist Rendering

Employment of 2,877 during project construction period

Creation of 1,366 permanent jobs

On-going annual salaries of more than $36 million

Generation of more than $5.8 million in annual property taxes

Economic Impact of the Project

Estimated cost for onsite infrastructure $80 M

CDD to issue $100 M bonds to fund improvements

Validate $200 M bonds to provide for: Onsite infrastructure requirements Allowance for future inflation Reserve unused capacity for possible future

interchange

Agreed to limit bond debt Value to lien ratio not to exceed 3-to-1 industry norm Carefully considered concerns of Comptroller

CDD Project Financing

Request for Approval

We respectfully request that the County do the We respectfully request that the County do the following:following:

1) Grant the Petition for Establishment and 1) Grant the Petition for Establishment and adopt an Ordinance pursuant to the Act, adopt an Ordinance pursuant to the Act, establishing the Midtown Orlando Community establishing the Midtown Orlando Community Development DistrictDevelopment District

2)2)Consent to the District's exercise of its Consent to the District's exercise of its statutory powers requested in the Petition, as statutory powers requested in the Petition, as those powers are set forth in the Actthose powers are set forth in the Act

3)3)Authorize execution of the Petitioner’s Authorize execution of the Petitioner’s Agreement for CDD and Interlocal AgreementAgreement for CDD and Interlocal Agreement

On Behalf of BVC and its District Team, Thank You!

Artist Rendering

Presentation OutlinePresentation Outline

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Review ProcessReview Process

Staff Review Growth Management County Attorney’s Office Fiscal and Business Services Public Works Utilities Comptroller’s Office

Staff Review Growth Management County Attorney’s Office Fiscal and Business Services Public Works Utilities Comptroller’s Office

Review ProcessReview Process

Interlocal Agreement Revisions Section 4:

Total validated debt increased from $150K to $200K

Clarified that long-term debt is any debt debt obligation with final maturity “in excess of” seven (7) years

New paragraph to address concern regarding compliance with industry standard value-to-lien ratio (3:1)

Interlocal Agreement Revisions Section 4:

Total validated debt increased from $150K to $200K

Clarified that long-term debt is any debt debt obligation with final maturity “in excess of” seven (7) years

New paragraph to address concern regarding compliance with industry standard value-to-lien ratio (3:1)

Review ProcessReview Process

Page 2Section 4. Exercise of PowersA. Bonded Indebtedness.

…..The Parties acknowledge and agree that the long-term debt of the District shall not exceed the total validated debt of $150 200,000,000….

Page 2Section 4. Exercise of PowersA. Bonded Indebtedness.

…..The Parties acknowledge and agree that the long-term debt of the District shall not exceed the total validated debt of $150 200,000,000….

Interlocal AgreementInterlocal Agreement

Review ProcessReview Process

Page 3Section 4. Exercise of PowersA. Bonded Indebtedness.

…..For the purposes of this section, long-term debt of the District shall mean any debt obligation issued by the District with a final maturity not less than in excess of seven (7) years….

Page 3Section 4. Exercise of PowersA. Bonded Indebtedness.

…..For the purposes of this section, long-term debt of the District shall mean any debt obligation issued by the District with a final maturity not less than in excess of seven (7) years….

Interlocal AgreementInterlocal Agreement

Review ProcessReview Process

Page 3, Section 4.A (new paragraph):Furthermore, the District will submit a report to the County, prior to issuing any long-term bonds, documenting its compliance with the current “industry standard” value-to-lien ratio of three-to-one. “Value” shall be measured on an as-improved basis (assuming that infrastructure is installed). “Lien” shall be measured as total District long-term bond debt outstanding at the time of the issuance of such bonds. The District will not issue bonds that do not comply with the three-to-one ratio without the prior consent of the County.

Page 3, Section 4.A (new paragraph):Furthermore, the District will submit a report to the County, prior to issuing any long-term bonds, documenting its compliance with the current “industry standard” value-to-lien ratio of three-to-one. “Value” shall be measured on an as-improved basis (assuming that infrastructure is installed). “Lien” shall be measured as total District long-term bond debt outstanding at the time of the issuance of such bonds. The District will not issue bonds that do not comply with the three-to-one ratio without the prior consent of the County.

Interlocal AgreementInterlocal Agreement

Review ProcessReview Process

Page 3, Section 4.A (new paragraph):Furthermore, the District will submit a report to the County, prior to issuing any long-term bonds, documenting its compliance with the current “industry standard” value-to-lien ratio of three-to-one. “Value” shall be measured on an as-improved basis (assuming that infrastructure is installed). “Lien” shall be measured as total District long-term bond debt outstanding at the time of the issuance of such bonds. The District will not issue bonds that do not comply with the three-to-one ratio without the prior consent of the County.

Page 3, Section 4.A (new paragraph):Furthermore, the District will submit a report to the County, prior to issuing any long-term bonds, documenting its compliance with the current “industry standard” value-to-lien ratio of three-to-one. “Value” shall be measured on an as-improved basis (assuming that infrastructure is installed). “Lien” shall be measured as total District long-term bond debt outstanding at the time of the issuance of such bonds. The District will not issue bonds that do not comply with the three-to-one ratio without the prior consent of the County.

Interlocal AgreementInterlocal Agreement

Presentation OutlinePresentation Outline

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Introduction Statutory Framework Project Background Petitioner Presentation Review Process Action Requested

Action RequestedAction Requested

Ordinance Agreement with Petitioner Interlocal Agreement

Ordinance Agreement with Petitioner Interlocal Agreement

Action RequestedAction Requested

Grants Petition for CDD CDD Name and Boundary General and Special Powers Designates Board of Supervisors Adoption of Interlocal Agreement within 90 days Bond validation within 3 years Bond issuance within 7 years

Grants Petition for CDD CDD Name and Boundary General and Special Powers Designates Board of Supervisors Adoption of Interlocal Agreement within 90 days Bond validation within 3 years Bond issuance within 7 years

OrdinanceOrdinance

Action RequestedAction Requested

Requires Petitioner to request CDD

Approval and Execution of Interlocal Agreement within 90 days

If Interlocal Agreement not executed within 90 days, Petitioner waives right to object to repeal of ordinance

Requires Petitioner to request CDD

Approval and Execution of Interlocal Agreement within 90 days

If Interlocal Agreement not executed within 90 days, Petitioner waives right to object to repeal of ordinance

Agreement with PetitionerAgreement with Petitioner

Action RequestedAction Requested

Limits validated debt to $200K 3:1 value-to-lien ratio for bond issues Bond maturity not to exceed 33 years CDD waives right to impose taxes or assessments on residential property Public Roads and Utilities BCC Approval for any Enhanced Law Enforcement

Limits validated debt to $200K 3:1 value-to-lien ratio for bond issues Bond maturity not to exceed 33 years CDD waives right to impose taxes or assessments on residential property Public Roads and Utilities BCC Approval for any Enhanced Law Enforcement

Interlocal AgreementInterlocal Agreement

Action RequestedAction Requested

1. Approval of ordinance to create the Midtown Orlando CDD pursuant to Chapter 190, Florida Statutes.

2. Approval of Agreement with Petitioner for Community Development District between Buena Vista Corporation and Orange County.

3. Approval of Interlocal Agreement between Orange County and Midtown Orlando CDD (including revised language).

1. Approval of ordinance to create the Midtown Orlando CDD pursuant to Chapter 190, Florida Statutes.

2. Approval of Agreement with Petitioner for Community Development District between Buena Vista Corporation and Orange County.

3. Approval of Interlocal Agreement between Orange County and Midtown Orlando CDD (including revised language).

Midtown Orlando

CommunityDevelopment

District(CDD)

August 19, 2008

Midtown Orlando

CommunityDevelopment

District(CDD)

August 19, 2008

BCC Public HearingBCC Public Hearing

Action RequestedAction Requested

1. Approval of ordinance to create the Midtown Orlando CDD pursuant to Chapter 190, Florida Statutes.

2. Approval of Agreement with Petitioner for Community Development District between Buena Vista Corporation and Orange County.

3. Approval of Interlocal Agreement between Orange County and Midtown Orlando CDD (including revised language).

1. Approval of ordinance to create the Midtown Orlando CDD pursuant to Chapter 190, Florida Statutes.

2. Approval of Agreement with Petitioner for Community Development District between Buena Vista Corporation and Orange County.

3. Approval of Interlocal Agreement between Orange County and Midtown Orlando CDD (including revised language).