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NOTICE AND ORDER TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR COLLIER COUNTY, FLORIDA
GENERAL CIVIL DIVISION
CASE NO:
11-2023-CA-003369-0001-XX
BRIGHTSHORE COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special-purpose government organized and existing under the laws of the State of Florida,
Plaintiff, v.
THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND OTHERS HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE BONDS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND OTHERS HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE BONDS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY:
The above cause comes to be heard upon the Amended Complaint Seeking Validation of Brightshore Community Development District Capital Improvement Revenue Bonds In An Aggregate Principal Amount Not to Exceed $100,670,000 filed on March 12, 2024, Docket No. 9 by the Brightshore Community Development District in the County of Collier, State of Florida, seeking to determine the authority of said District to issue its Brightshore Community Development District Capital Improvement Revenue Bonds, (the “Bonds”) in an aggregate amount not to exceed $100,670,000, to determine the legality of the proceedings had and taken in connection therewith, and the legality of the provisions, covenants and agreements therein contained, and seeking a judgment of this Court that (a) the District has power to issue the Bonds and levy, impose and collect the Special Assessments, as set forth in the Complaint; (b) the proceedings essential to the Bonds and all series thereof when issued pursuant thereto, the Pledged Revenues, including, without limitation, the Special Assessments pledged for the payment of the principal thereof, redemption premium, if any, and interest thereon, and the Bond Resolution are valid and in conformity with law; (c) upon due issuance of the Bonds in conformance with the Bond Resolution and the Trust Indenture, the Bonds will constitute valid and binding obligations of the District and will be enforceable by their terms as established by the Bond Resolution and the Trust Indenture; and (d) the District has the power to plan, finance, construct and/or acquire the Capital Improvement Plan; (e) the Capital Improvement Plan serves a valid public purpose; and (f) this Court grant such other relief as is just and appropriate.
The aforesaid Complaint having been presented to this Court, and this Court being fully advised in the premises:
NOW, THEREFORE,
IT IS ORDERED that all taxpayers, property owners and citizens of the District, including non-residents owning property or subject to taxation, and others having or claiming any rights, title or interest in property to be affected by the issuance of the Bonds or to be affected thereby, and the State of Florida, through the State Attorney of the Twentieth Judicial Circuit, in and for Collier County, Florida, appear on the 10th day of June, 2024, at the hour of 3:00 p.m. (JACS Booking Confirmation Number 446607) of said day, before the Honorable Ramiro Manalich via Zoom Application (invitation below), this hearing shall be conducted by video conference, and show cause, if any there be, why the prayers of said Complaint for the validation of the Bonds should not be granted and the Bonds, the Special Assessments, the proceedings therefore, and other matters set forth in said Complaint, should not be validated as prayed for in said Complaint. The parties and public may access the hearing via their computer at the following ZOOM link:
https://zoom.us/j/4174663607
Zoom ID: 417 466 3607
Passcode: No Passcode Required
IT IS FURTHER ORDERED that prior to the date set for the hearing on said
Complaint for validation, the Plaintiff, on behalf of the Clerk of this Court, shall cause a copy of this Notice and Order to be published in a newspaper published and of general circulation in
Collier County, being the County wherein said Complaint for validation is filed, at least once each week for two (2) consecutive weeks, commencing with the first publication which shall not be less than twenty (20) days prior to the date set for said hearing.
IT IS FURTHER ORDERED that by such publication of this Notice and Order, the State of Florida, and the several taxpayers, property owners and citizens of the District, including non-residents owning property or subject to taxation therein, and others having or claiming any rights, title or interest in property to be affected by the issuance of the Bonds or to be affected thereby, shall be and are made party defendants to this proceeding, and that this Court shall have jurisdiction of them to the same extent as if specifically and personally named as defendants in said Complaint and personally served with process in this cause.
DONE AND ORDERED at the Courthouse in Collier County, Florida.
eSigned by Manalich, Ramiro in 11-2023-CA-003369-0001-XX 04/30/2024 10:43:10 2hK3+wtl
Electronic Service List
Alyssa Willson
Alyssa Willson
Alyssa Willson
Kate John
Amira D. Fox
Deborah Cunningham
May 10, 17, 2024 24-00927C