Al"PROVEO
BY ORANGE COUNTY B01\RO
COUN.T..Y.. COMMISSIONERS
 	NOV 2 9 2q1s	
ORDINANCE NO. 2016-29

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ORANGE COUNTY, FLORIDA, CREATING "GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT" PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR THE ESTABLISHMENT AND NAMING OF THE DISTRICT; PROVIDING FOR THE LEGAL DESCRIPTION OF THE EXTERNAL BOUNDARIES OF THE DISTRICT; PROVIDING FOR FINDINGS OF FACT; PROVIDING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING FOR THE APPLICAB E FILING FEE; PROVIDING FOR AN INTERLOCAL AGREEMENT; PROVIDING FOR COMPLIANCE WITH CHAPTER 190, FLORIDA STATUTES, AND ALL OTHER APPLICABLE LAWS AND ORDINANCES; PROVIDING FOR REPEAL IN THE ABSENCE OF BONDS-  BEING ISSUED; PROVIDING  FOR SEVERABILITY;  AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes (hereinafter, the "Act"), sets forth the exclusive and uniform method for establishing a community development district; and
WHEREAS, Section 190.005(2) of the Act requires that a petition for the establishment of a community development district of less than 2,500 acres be filed by the petitioner with the county commission of the county having jurisdiction over the majority of land in the area in which the district is to be located; and
WHEREAS, Section 190.005(1)(a) of the Act requires that such petition contain certain information to be considered at a public hearing before the Board of County Commissioners for Orange County, Florida (the "Board"); and
WHEREAS, The Grove Resort and Spa, LLC, (the "Petitioner"), having obtained written consent to the establishment of the District by the owners of one hundred percent (100%) of the real property to be included in the District, has petitioned Orange County, Florida (the "County") to establish Grove Resort Community Development District (the "District") pursuant to the Act; and

WHEREAS, Petitioner is a company authorized to conduct business in the State of Florida and whose address is c/o Westport Capital Partners, LLC, 40 Danbury Road,  Wilton, Connecticut 06897; and
WHEREAS, the petition submitted on September 9, 2016 (the "Petition")  to the County has been determined to contain the requisite information as mandated by Section 190.005(1)(a) of the Act; and
WHEREAS, all interested persons and affected units of general-purpose local government
STATE OF FLORIDA, COUM'IY OF ORANGE

-----r-	2rifs

oiNOV

I HEREBY CERTIFY this lasof.Ii  nt		,
approved by the ace	z Jt 11IDt
 -	'FJi 1	0 '[l=. 0 
,fu( c:rrr'7	Date	Seal

were afforded an opportunity to present oral and written comments on the Petition at a uly noticed public hearing conducted by the Board on November 29, 2016; and
WHEREAS, on November 29, 2016, the Board considered the record of the public hearing and the factors set forth in Section 190.005(1)(e) of the Act and, upon such review, has determined that granting the Petition for Establishment of Grove Resort Community Development District is in the best interest of the County; and
WHEREAS, establishment of the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services  to the subject land and will provide for the orderly growth of unincorporated Orange County.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS FOR ORANGE COUNTY, FLORIDA THAT:
Section_1.     .. Authority.   T is ·ordin ance is enacteq in compliance with and purs.uant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes.
Section 2. Establishment  and  District  Name.  The Petition  is hereby  granted  and there is hereby established a community development distric.t situated entirely within unincorporated Orange County, Florida, which District shall be known as "Grove Resort Community Development District."
Section 3. External Boundaries of the  District.  The  external  boundaries  of  the District are legally described in Exhibit A, attached hereto and incorporated herein by this reference, the overall parcel containing 105.69 contiguous acres, more or less. No real property within the external boundaries of the District is to be excluded.
$ectio11 4. Findings of Fact. The Board hereby finds and determines, pursuant  to Section 190,005(2) of the Act, based on the testimony and evidence presented before it and the record established at the public hearing that:
All statements within the Petition are true and correct.

Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the State Comprehe,;isive Plan or the local Comprehensive Plan adopted by the County.
The area of land within the District, described in Exhibit A, is of a sufficient size, 1s sufficiently compact and is sufficiently contiguous to be developed as one functional interrelated community.
The District provides the best alternative available for delivering community development services and facilities to the area to be served by the proposed District without imposing   an·  additional•  burden   on   the · general   population   of   the   local   general-:purpose government. The establishment of the District will provide for a more efficient u.se of r sources without burdening the general body of taxpayers in Orange County with the cost of installing the infrastructure and managing, operating and maintaining the community services and facilities.
The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. In addition, the establishment of the District will  provide  an entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities.
The area to be served by the proposed District 1s amenable to separate independent special-district government.
Section 5. Functions and Powers. The District shall  have all powers  d  functions granted by the Act pursuant to Sections 190.01 I and 190.0 I 2(1), Florida Statutes, as amended from time to time, to include the power to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities and basic

infrastructure within, and outside of, the boundaries of the District. Consent is hereby given to the District's Board of Supervisors having those special powers pertaining to recreation as described, authorized and limited by Section 190.012(2)(a), Florida Statutes.  The District shall not have any zoning or permitting powers governing land development or the use of land. Any deb_t obligation of the District shall not constitute a debt or financial burden of any local general­ purpose government. This Ordinance shall not, and shall not be construed to, expand, modify, or delete any provisions of the Uniform Community Development  District Act of 1980 as set forth in Chapter 190, Florida Statutes.
_  -- --- -   ·- -  Section. 6.  - -3;_B  oard Of  Supervisors,	The  five  persons  designated  to  serve  as  initial

members of the District's Board of Supervisors are as follows: Name:	Noah Bi:eakstone
Name:	David D' Ambrosio

Name:	Kevin Mays

Name:	Paul Abbott

Name:	James Moore

All of the above-listed persons shall serve until their successors are chosen and qualified·,

as provided in Section 190.006, Florida Statutes.

Section 7. Filing Fee. Petitioner has submitted a filing fee  of  $12,731.00  with submission of the Petition covering the County's cost of administration and review of  the Petition, the sufficiency of which is hereby acknowledged by the County.
Section 8.	brterlocal Agreement.

Failure to Adopt lnterlocal Agreement. Failure of the Qistrict's Board of Supervisors to adopt the Interlocal Agreement between Orange County and Grove Resort

Community Development District (the "Inter1oca1 Agreement") in· substantially the form attached hereto as Exhibit B within 90 days of the effective date of this Ordinance may result in repeal of this Ordinance by the Board of County Commissioners without further notice. Once approval of the Interlocal Agreement is secured from Orange County and the District, the Interlocal Agreement shall be recorded in the Public Records of Orange County, Florida, at the Distric_t's expense, to indicate fulfillment of this obligation and the County will not endeavor to repeal this Ordinance.
Challenges  Precluded.	The District shall not initiate any action or proceeding

followiflg the ef.fec-tive..dat-e of this Ordinance in or with any court of competentjur<isdiction or .

administrative agency the purpose of which is to challenge to the validity of this Ordinance  or the Interlocal Agreement.
Section 9.  Compliance  Witlt  Laws And Ordinances.  The District shall comply  ith the provisions of the Act and all applicable federal, state and local laws, ordinances, statutes, rules and regulations, including !he Orange County Comprehensive Plan and all applicable provisions of the Codes and Ordinances of Orange County, Florida.
Section JO.	Severahility. If any provision of this Ordinance, or the application thereof, is finally detennined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed to be severable and the remaining provisions shall continue in

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full force and effect, provided that the invalid, illegal or unenforceable provision is not material to the logical apd intended interpretation of this Ordinance.
Section 11.	Effective Date. This Ordinance shall take effect pursuant to general law .

ENACTED BY THE BOARD OF COUNTY COMMISSIONERS, ORANGE

COUNTY,  FLORIDA this  	

day of _

_,_N.:,.:O--'-V_2--'9_2=..c0c.	16 

, 2016.

ORANGE COUNTY, FLORIDA
By: Board of County Commissioners

BY.:  ·   C
n.,.-T-er-es_a_J-ac_o_b_s 	

f Orange County Mayor

Exhibit A
Legal Description of District Boundaries
LEGAL DESCRIPTION;
PARCEL B

◄

COMI.IEHCE  AT  THE  SOUTHWEST  CORNER  OF  THE  SOUTHEAST  1/4  OF THE  SOUTHWEST  1/◄ OF  SECTION  30,  TOWNSHIP  24 SOUTH,  RANGE  27 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 00'08'55" WEST, A DISTANCE OF 694,21 f'ErT TO THE POINT or BEGINNING; THENCE RUN NORTH 89'22'16" EAST, A DISTANCE OF 1,88 7. 7 FEET: THENCE RUN SOUTH 07'38'00" EAST, A DISTANCE OF 298,67 f'ErT; THENCE RUN NORTH 82'22°00" EAST, A DISTANCE OF 322,06 f'EET TO A POINT ON A NON TANGENT CURVE CONCAVE  WESTERLY, HAVING A RADIUS  OF 1,090.92 FEET, C[NTRAL ANGLE OF 1-4'19'58", CHORD BEARING OF SOUTH 01'33'56" WEST AND A CHORD DISTANCE Of' 272,19 FEET; THENCE RUN SOUTHERLY  ALONG THE ARC OF SAID CURVE A DISTANCE  or 272.90 rm	; THENCE RUN SOUTH -49'30'-4-4" WEST, A DISTANCE OF 38,23 FEET;

◄

THENCE RUN SOUTH 89'38'09" WEST, A DISTANCE Of' 332.16 FEET; THENCE RUN NORTH 48'08'21" WEST, A DISTANCE OF 65,82 FEET; THENCE RUN NORTH 15'33'41" WEST, A DISTANCE or 24.60 FEET: THENCE RUN NORTH -46"52'10" WEST, A DISTANCE OF ,44,13 f'EET; THENCE RUN NORTH  56'34'47"  WEST,  A DISTANCE  OF  25,03  FEET;  THENCE  RUH  NORTH  57'45'029     WEST,  A  DISTANCE  OF  48,47  f'EET;  THENCE  RUN  NORTH  78' 3'59"  WEST,  A  DISTANCE  Of'  39.28  FEET;  THENCE  RUN  SOUTH  71'30'238       WEST,  A  DISTANCE  or  38.87  FEET;  THENCE  RUN  SOUTH  80'46'! 38
WEST, A DISTANCE OF 56.00 FEET; THENCE RUN SOUTH 78'36'52" WEST, A DISTANCE Of' 42.31 FEET; THENCE RUN SOUTH 7717'19" WEST, A DISTANCE Of' 55.71 FEET; THENCE RUN SOUTH 65'45'34" WEST, A DISTANCE or 42.34 FEET; THENCE RUN SOUTH 60'-41'06" WEST, A DISTANCE
or 36.6! FEET; THENCE RUN SOUTH 00'2.1'51" EAST, A DISTANCE or 1U7 FEET; THEN E RUN SOUTH 89'38'1l9 WEST, A DISTANCE OF 38,2.0 f'EET; THENCE RUN SOUTH 81'55'29" WEST, A DISTANCE OF 11.46 FEET; THENCE RUN SOUTH 62'24'-46" WEST, A DISTANCE OF 13,02 FEET; THENCE. RUN SOUTH 00'21'51" E si:. A. DISTANCE OF. 23.25 FEIT; THENCE RUN' SOUTH 89'38'09" WES,:, A DISTAN_CE Of is.a& FEET; THENCE
RU.H  SOUTH" 00'21'5.1•    EAST;  A "DISlANCE  Of  i 8:oo 'FEET:  THENCE" RUN  NORTH  89'J8;09"  EAST,  A" DISTANCE  OF'  2s: ea 'FEtt; THENCE  RUN
SOUTH 00'21'51" EAST, A DISTANCE OF 7.00 FEET; THENCE RUH SOUTH 89'J8'09• WEST, A DISTANCE OF.24.75 f'EET: THENCE RUN SOUTH 89'37'57" WEST, A DISTANCE OF 1,346.84 FEIT; THENCE RUN NORTH 00'08'55" EAST, A DISTANCE OF 543.57 FEET TO THE POINT or BEGINNING.

CONTAINING 24.98 ACRES, MORE OR LESS.

TOGETHE.R PARCEt Cl

WITH THE fOLlOWING DESCRIBED LANDS:

COMI.IENCE AT THE SOUTHWEST CORNER or THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27
EAST, ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 00'08'55" WEST, A DISTANCE OF 159,75 FEET; THENCE RUN NORTH 89'22'16" EAST, A DISTANCE or 308,57 FEET TO THE POINT BEGINNING, SAID POINT BEING A POINT OH A NOH fANGENT CURVE CONCAVE WES1£RLY, HAVING A RADIUS OF 110.00 rm. A CENTRAL ANGLE or 139'54'58", A CHORD BEARING OF NORTH AND A CHORD DISTANCE OF 206.68 rm;	THENCE RUN NORTHERLY ALONG THE ARC Of SAID CURVE, A DISTANCE OF 268.62. f'EET; THENCE RUN NORTH, A DISTANCE OF 66.83 FEET; THENCE UN
EAST, A DISTANCE or 25.89 f'EET; THENCE RUN NORTH, A DISTANCE 13,80 FE£T; THENCE RUN NORTH woo·oo· EAST, A DISTANCE OF 45,41
f'EET; THENCE RUN NORTH 89'22'169 EAST, A DISTANCE OF 124.79 f'EET; THENCE RUN NORTH 45'00'00• EAST, A DISTANCE OF 106.54 FEET; THENCE RUN NORTH 89'22'16" EAST, A DISTANCE OF 1,520.39 FEET: THENCE RUN SOUTH 07'38'oo· EAST, A DISTANCE OF 303.12 FEET: THENCE RUN SOUTH 82'22'00" WEST, A DISTANCE OF 322.74 FEET; THENCE RUN SOUTH 07'38.'00" EAST, A DISTANCE OF 188.09 FEET; THENCE RUN SOUTH 89'22'16" WEST, A DISTANCE Of' 1,445;83 FEET: THENCE RUN NORTH 45•00'00• WEST, A DISTANCE or 73.75 FEET; THENCE RUN NORTH, A DISTANCE Of 13.80 FEET; THENCE RUN WEST, A DISTANCE OF 25,89 FEET: THENCE RUN NORTH, A DISTANCE or 66.83 f'EET TO THE POINT  Of  BEGINNING.
CONTAINING 19,66 ACRES, MORE OR LESS,
AND TOGETHER WITH THE f"OLlOWING DESCRIBED LANDS:

PARCEL C2

COMI.IEMCE AT THE SOUTHWEST CORNER or THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27 EAST, ORANGE COUNTY, F1.0RIDA; THENCE RUN SOUTH 00'08°55" WEST, A DISTANCE· OF 57.81 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89'22'16" EAST, A DISTANCE OF 380,61 f'ErT TO A POINT OH A NON TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 110.0D rm,	A CENTRAL ANGLE or 69'38'26", A CHORD BEARING OF SOUTH 35'08'15" WEST AND A CHORD DISTANCE OF 12.5.62 FEET;
THENCE RUN SOUTHWESTERLY ALONG THE ARC Of SAID CURVE, A DISTANCE OF 133.70 FEET : THENCE RUN SOUTH, A DISTANCE or 66.83 FEET;
THENCE RUN EAST, A DISTANCE Of 25,89 FEET; THENCE RUN SOUTH, A DISTANCE 13.80 FEET: THENCE RUN SOUTH 45'00'00• EAST, A DISTANCE or 7J,75 f'EET; THENCE RUN NORTH 89'22'16" EAST, A DISTANCE OF 1,445.83 f'EET; THENCE RUN SOUTH 07'38'Dc8 EAST, A DISTANCE or 403,79 FEET; THENCE RUN SOUTH 89'22'16" WEST, A DISTANCE OF 1,887.47 FEET; THENCE RUN NORTH 00'08'55· EAST, A DISTANCE or 636,40 FE£T TO THE POINT OF BEGINNING,
CONTAINING 18.98 ACRES, MORE Oil LESS.

ANO TOGETHER WITH THE FOLlOWING DESCRIBED LANDS:

LIGAL DESCRIPTION:
PARCEL Cl

BEGIN AT THE SOUTHWEST CORNER Of THE SOUTHEAST 1/4 Of THE SOUTHWEST 1/4 Of SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27 EAST, ORANGE: COUNTY, FLORIDA; THENCE RUN NORTH 00'33'18" EAST, A DISTANCE OF  608.62  f'EET;  THENCE RUN NORTH  89'22'16•  EAST,  A DISTANCE OF 2,037.66 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS Of' 2,919.79 fEET, A CENTRAL ANGLE OF 03'58'2.2.", A CHORD BEARING OF SOUTH 05'35'50" EAST, ANO A CHORD DISTANCE OF 202.+1 FEIT; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 202.45 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH Or38'00" EAST, A DISTANCE Of 17U5 FEET; THENCE  RUN  SOUTH  89'22'16"  WEST,  A  DISTANCE  OF 1,520.39  FEET;  THENCE RUN  SOUTH  45'00100•  WEST,  A DISTANCE  OF 108,54  FEET:
THENCE RUN SOUTH 89'22'16" WEST, A DISTANCE OF 124.79 FEET; THENCE RUN SOUTH '5'00'00" WEST, A DISTANCE OF 45.,1 FEET; THENCE RUN SOUTH, A DISTANCE Of' 13.80 FEET; THENCE RUN wm, A DISTANCE OF 25.89 FEET; THENCE RUN SOUTH, A DISTANCE OF 66,83 FEET TO
A POINT ON A. NON TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS  OF 11D.OO FEET, A CENTRAL ANGLE OF 70'16'31",  A  CHORD
BEARING OF SOUTH 34'49'1-C-" EAST AND A CHORD DISTANCE OF 126.62 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE Of 134-,92 fEET ; THENCE RUN SOUTH 89'22'16" WEST, A DISTANCE Of' 380.61 FEET; THENCE RUN NORTH 00'08'55" EAST,  A DISTANCE Of' 57.81 FEET TO THE POINT OF BEGINNING,
CONTAINING 20,31 ACRCS, MORE OR LESS.
AND TOGETHER WITH THE FOLlOWING DESCRIBED LANDS:

-PilRCEL D.  -  . " -' · - · - · - -·	·- ·--- ---··-'- . . ... .	-	•          •  •        4 .          ·	.	· -

:...- • •

COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 Of SECTION 30, TOWNSHIP 24 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA: THENCE RUN NORTH 00'33'18 EAST, A DISTANCE OF 608.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE HORTH 00"33'18" EAST, A DISTANCE OF 713.80 FEET TO THE NORTHWEST CORNER Of' THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 30; THENCE RUN NORTH 89'25'22" EAST, A DISTANCE OF 1,329.50 FEET TO THE NORTHEAST CORNER Of THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 30; THENCE RUN SOUTH 00'34'+9" WEST, A DISTANCE OF 712.61 FEET; THENCE RUN SOUTH
89'22'16" WEST, A DISTANCE OF 1,329.21 rm TO THE POINT Of BEGINNING.
CONTAINING 21.76 ACRES, MORE OR LESS. TOTAL AREA: 105,69 ACRES, MORE OR LESS.

Exhibit B Interlocal Agreement

STATE OF FLORIDA DEPARTMENT OF STATE

I, KEN DETZNER, Secretary of State of the State of Florida, do hereby certify that the above and foregoing is a true and correct copy of Orange County Ordinance No. 2016-29, which was filed in this office on December 5, 2016, pursuant to the provisions of Section 125.66, Florida Statutes, as shown by the records of this office.

Given under my hand and the Great Seal of the State of Florida
at Tallahassee, the Capitol, this the 5th day of Dece mbe r, A.D., 2016.

Secretary of State
DSDE 99 (3/03)