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01/14/2013 AgendaCedar Hammock Community Development Board of Supervisors Frank Vaselewski, Chairman Tom Cook, Vice Chairman Gary McClellan, Assistant Secretary Larry Minamyer, Assistant Secretary Bob Nocera, Assistant Secretary Calvin Teague, District Manager Dan Cox, District Counsel Sam Marshall, District Engineer Regular Meeting Agenda Monday, January 14, 2013 — 10:00 a.m. 1. Roll Call 2. Approval of the Minutes of the December 10, 2012 Meeting 3. Old Business A. Update of Water Use Permit Modification B. Update of Storm Water System Maintenance Efforts 4. New Business A. Discussion of Road Maintenance Options B. Revisions to Current HOA/CDD Maintenance Agreement C. Review of Capital Plan 5. Manager's Report A. Financial Report for November, 2012 6. Attorney's Report 7. Engineer's Report 8. HOA Liaison Report 9. Supervisors Request 10. Audience Comments 11. Adjournment THE NEXT REGULAR MEETING IS SCHEDULED FOR FEBRUARY 11, 2013 at 10:00 A.M. District Office: 5911 Country Lakes Drive Fort Myers, Florida 239 - 245 -7118 www.CedarHammockCDD.com Meeting Location: Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida Oc rdno ENTRIX Shaping the Future MEMORANDUM To: Calvin Teague Cedar Hammock Community Development District From: Gary Susdorf Cardno ENTRIX Re: Cedar Hammock Water Use Permit 11- 01711 -W Date: January 8, 2013 Provided below are summaries of the status of the water use permitting, wetland monitoring, and water quality (SALT) monitoring for Cedar Hammock. Water Use Permit The South Florida Water Management District (SFWMD) review of the modification application Wetland Monitoring The water level data collection in the wetland monitor wells is on- going. The dry season 2013 wetland monitoring is scheduled for mid - February. SALT Monitoring Water quality data collection from the two western monitoring wells located near the production wells, from the two operational production wells, and from the irrigation supply lake continues. The water quality data from the production wells and irrigation supply lake are exhibiting stable water quality trends with fluctuations consistent with historical data. The previous chloride concentrations measured in the two eastern monitor wells during the October sampling event had chloride concentrations less than 250 mgll (78 mg /I in MW -3 and 134 mg /I in MW-4). However, the chloride concentrations have increased in both of the eastern monitor wells back to near normal levels. The water quality measured during the December monitoring event was 280 mg /I in both wells. Water quality in the western monitor wells is stable with chloride concentrations less than 100 mg /I. It should be noted that throughout the SALT monitoring period of record, there has been no apparent water quality degradation relating to irrigation system operation to either surface water or groundwater on site. 1/08/2013 FACILITIES OPERATIOON AND MAINTENANCE AMENDED MEMORANDUM OF AGREEMENT BETWEEN CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT AND CEDAR HAMMOCK GOLF AND COUNTRY CLUB, INC. THIS AMlvIENDED AGREEMENT is entered into this first day of March, 2013 by and between the CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes, hereinafter referred to as "District", and the CEDAR HAMMOCK GOLF AND COUNTRY CLUB, INC., a Florida not - for - profit corporation, hereinafter referred to as the "Association ". WHEREAS, the District has the authority to exercise powers to finance, fund, plan, establish, acquire, construct or reconstruct enlarge or extend, equip, operate, and maintain systems and facilities for roads, water management, water supply, sewer, street lights, security and parks and recreational facilities, among .other powers, including all powers necessary, convenient, incidental or proper in connection with any of the powers, duties, or purposes authorized by Chapter 190, Florida Statutes; and WHEREAS, for ease of administration, potential cost savings, and the benefits of full time on site operation and maintenance purposes, the District desires to contract with the Association to operate and maintain certain of the District's systems and facilities; and WHEREAS, the Association desires to operate and maintain the District's systems and facilities; NOW, THEREFORE, the District and the Association agree as follows: 1. The above recitals are true and correct and incorporated by reference herein. 2. The District will retain full responsibility for major capital renewal and replacement for: A. Lakes B. Preserves C. Roads, sidewalks, curbs, and gutters, including all asphalted surfaces owned by the District but excluding the Clubhouse parking area. D. Bridges and Bulkheads E. Storm water drainage systems F. Street signage G. Collier Boulevard and Davis Boulevard entrances Page 2 of 3 3. The Association shall operate and maintain the following systems and facilities of the district at a minimum compliance with all applicable statures, ordinances, administrative rules and regulations, and permit requirements: A. Lakes B. Preserves C. Sidewalks, curbs and gutters D. Bridges and Bulkheads E. Street signage F. Collier Boulevard and Davis Boulevard entrances 4. All other operation and maintenance responsibilities for the District's systems and facilities not otherwise addressed in this Amended Agreement shall remain the sole responsibility of the District including roads and parking areas owned by the District (excluding Clubhouse parking). 5. District shall pay the Association the sum often ($10.00) dollars per year for the performance of the operation and maintenance responsibilities set forth in this Amended Agreement. 6. The term of this Amended Agreement is for a period of five years commencing on March 1, 2013 and shall be automatically renewed for additional one year periods after i IA QIc N ArZ 1, 2018 unless either party provides the other party at least 90 days written notice of its intent not to renew. District may cancel this Amended Agreement at any time for any reason in its sole discretion upon providing at least 90 days written notice to the Association of its intent to cancel this Amended Agreement. 7. Association shall be solely responsible for the staffing, budgeting, financing, billing and collection of fees, assessments, service charges, etc. necessary to perform the operation and maintenance responsibilities set forth in this Amended Agreement. However, any capital expenditure by the Association of $2500 or more in carrying out the responsibilities of this Amended Agreement will require approval of the District and reimbursement of the Association by the district. 8. Association shall procure at its expense and at all times include the District as an additional named insured on comprehensive liability insurance policies to cover the operation and maintenance responsibilities set forth in this Amended Agreement. Comprehensive liability insurance shall be in amounts determined by the District Manager. Association, in consideration the Ten ($10.00) dollars, the receipt and sufficiency of which is accepted, through the signing of this document, shall hold harmless, defend and indemnify District, its agents and employees, from all claims, suits and actions (Whether for negligence or otherwise), including claims for attorney's fees and all costs of litigation, and judgments of any name and description, arising out of or Page 3 of 3 incidental to the performance of this Amended Agreement or work performed there under. This section does not pertain to any incident arising from the sole negligence of District. 9. This Amended Agreement may only be amended in writing executed by both parties. 10. This Amended Agreement shall become effective on March 1, 2013. IN WITNESS WHEREOF, the parties hereto have executed this document the day and year first above written. CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT Attest: Chairman Secretary CEDAR HAMMOCK GOLF AND COUNTRY CLUB, INC. Attest: By: President Secretary Page 1 of 2 Colao, Barbara From: Teague, Cal Sent: Friday, January 11, 2013 2:41 PM To: Colao, Barbara Subject: FW: Comments on Amended Agreement Between CDD and Master Association Please print From: charngar @comcast.net [mailto:charngar @ comcast.net] Sent: Friday, January 11, 2013 12:01 PM To: Teague, Cal Subject: Comments on Amended Agreement Between CDD and Master Association Cal: I have a couple of comments /suggestions regarding the draft of the pending amended Agreement between the CDD and the Master Board t4atmias- included n- fihe,,,agenda-4aa g 14th. If possible, I'd like to have discussion of this draft delayed until I am in atten ance at the meeting. As I mentioned to you in an earlier note, I have a doctor's appointment and may be late. If, however, for some reason I do not make the meeting or the other Supervisors wish to proceed on discussion and consideration of the draft amended agreement, . I MINIM �� r` m My principal recomm ba * -f The Clubhouse parking area is owned by the Mater Association anyway and, per the Master Documents Section 5. 10, is the Association's responsibility. Also, there are other asphalted surfaces owned by the Association (i.e. the parking area at the pool on the Island) that is not District responsibility. a sflea t+tag r j;%IL „ 8 -Uli cfi i k .. at- WW' Mft t r q #g p The wording in the parentheses at the end of that section should be deleted for the same reason. There are also a few clerical points that should be fixed ,t� pr ra b 2nd li, , there should bee. ir1t t 'ela ”` it was r missin m the tin r1 i l g ... agreement as well, but should be included in the amended one. Also, on page 2, paragraph 3 at the top of the page, 2nd line, the word "district" should be capitalized and the word "statures" should be replaced with "statutes." Z One other thought. In paragraph 6, 1 believe it- woudd�be=useful tea: -also ineluds,wDr,Jir" qp aiv,ersary-,.of.,t.h@,,AgL.pLwo.at. It may be the understood intent that such is already included, but it is not so stated. I would suggest changing the wording of the last sentence of the paragraph to say: "District may offer amendment(s) to or cancel this Amended Agreement at 1/11/2013 Page 2 of 2 any time for any reason in its sole discretion upon providing at least 90 days written notice to the Association of its intent to do so." Thanks, Gary McClellan 1/11/2013 FACILITIES OPERATION AND MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT AND CEDAR HAMMOCK GOLF AND COUNTRY CLUB, INC, THIS AGREEMENT is entered into this lit day of ' 2008, by and between the CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes, hereinafter referred to as "District', and the CEDAR HAMMOCK G&F AND COUNTRY CLUB, INC., a Florida not - for - profit corporation, hereinafter referred to as the "Association ". WHEREAS, the District has the authority to exercise powers to finance, fund, plan, establish, acquire, construct or reconstructjenlarge or extend, equip, operate, and maintain systems and facilities for roads, water management, water supply, sewer, street lights, security and parks and recreational facilities, among other powers, including all powers necessary, convenient, incidental or proper in connection with any of the powers, duties, or purposes authorized by Chapter 190? Florida Statutes; and WHEREAS, for ease of administration, potential cost savings, and the benefits of full time on site operation and maintenance purposes, the District desires to contract with the Association to operate and maintain certain of the District's systems and facilities; and WHEREAS, the Association desires to operate and maintain the District's systems and facilities; (Intentionally left blank) NOW, THEREFORE, the District and the Association agree as follows: 1. The above recitals are true and correct and incorporated by reference herein. 2. The District will retain full responsibility for major capita! renewal and replacement for: A. Lakes. B Preserves r�%V-1 -VV'1111 C. Roads, sidewalks, curbs, and gutters, including asphalted ag nd maintananro hiiitciinn Ids. D. Bridges and Bulkheads. E. Storm water drainage systems. F. Street signage. G. Collier Blvd & Davis Blvd entrances. H. Irrigation pump house, (excluding pumps, motors) and irrigation distribution system from the pump house to the point of metering on each individual property. I. Tracts F4 & F5 sanitary sewer and potable water lines until determination is made regarding acceptance by Collier County. (Intentionally left blank) 3. The Association shall operate and maintain the following systems and facilities of the District at a minimum compliance with all applicable statutes, ordinances, administrative rules and regulations, and permit requirements: A. Lakes. B. Preserves. C. Sidewalks, curbs and gutters. D. Bridges and Bulkheads. E. Street signage. F. Collier Blvd & Davis Blvd entrances. G. Irrigation pump house and wells. 4. All other operation and maintenance responsibilities for the District's systems and facilities not otherwise addressed in this Agreement shall remain the sole responsibility of the District including roads and ra ��,���g r� + +h���+.+,a .p r�N y AsQi►� -r f S"vR -'j4ceS ojV A4-- d 5. District shall pay the Association the sum of ten ($10.00) Dollars per year for the performance of the operation and maintenance responsibilities set forth in this Agreement. 6. The term of this Agreement is for a period of five years commencing on April 22, 2008 and shall be automatically renewed for additional one year periods after April 22, 2013, unless either party provides the other party at least 90 days written notice of its intent not to renew. District may ancel this 4mex � Agreement at any time for any reason in its sole discretion upon providing at leas 90 days written notice to the Association of its intent to cancel this Agreement. 7. Association shall be mWy responsible for the stmTM budge", financing, billing and collection of fees, assessments, service &ages, etc. recessary to perform to operation and mantenance responsibilities set forth in this Agremmt However, any capital wpenditure by the Association of $2,500 or mm in carrying out ft responsibilities of this Agmementmd rewire appmal of the District and 8. Association shag procure at its e)pense and at all firnes include the District: as an :a• t• narned insured on comprehensive liability insurance policies to cover the operation and Maintenance "mmbilities set forth in this Agreamnt CmVreher� liability insurance sliall be in arnounts •' :• • Dis#d Manager. Association, in consideration • Ten ($10.00) Dollars, the reoW and sufficiency of Which is accepted, through the signing of this docurnent shag hold harmless, defend and indermiry District its agents and employees, from all claim, suites and actions NOiethier for negUgence or otherwise), including claim for atiorne/s fees and all costs of litigation, and judgments of any narne and description, indluding adminWiative fines and costs irnposed by regulatory agencies, arising out of or incidental to the perflommme of this Agreement or work perfbmied there under The Section does not Onle�iemx*) 9. This Agreement may only be amended in writing executed by both parties. 10. This Agreement shall become effective on April 22, 2008. IN WITNESS WHEREOF, the parties hereto have executed this document the day and year first above written. ATTEST: Calvin Teague Secretary ATTEST: Tom Read General Manager CEDA AMMOCK OMMUNITY D PM D R( T ank Vaselews i Chairman CEDAR HAMMOCK GOLF AND COUNTRY CLUB,.r Edward Carter President m Cl) 1- CO O O) O (O M O) P- T y 0 N V N O LL E H (0 69 69 C <A'r 13 Q E w `» R CL c fl• E C a) y •Y` R m N m m 0 Ln U o L^ p U v n a d .cc ur co y co ti n d �.¢ -i N N N = N c c �i QM M QR ZA rondo 00000000 0 C y a� al y C ON7 'F N M I w69 w o' w O v CNp_ A d°W m> ay1m M c v p 69 V) w M EH O_ % tm a LL R (o WN °'i'°w g Y O � N O m V cm } m LL ~ ~ ~ ~ J O (M 0 0 0 0 0 0-q 0 O f Ci O V O 069 w wd9O fH O 2- O M u) Lq O p1` O 1. 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VpO>wtfl 69 69 Ll� VfV� 0 00 0 LO 16 0 O O o N 0 N O M O � fD 696969 X69 � w, O O O 00 O O 0000 ° 000 000OgO p) CI 0 0 m O 0 � °0_001(0 O(CI N N N H 4i 4i V3 to � 69 E9 w Cl) Cl) N Cl! p1 d1 � w a c m a C m a Z O N N 'C R C a T R m c N = V _ N �m my a m— p1 o 12 �m Jm �LLHDf"' Cedar Hammock Community Development District Financial Report November 30, 2092 Prepared by CEDAR HAMMOCK Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet ........................................ I................. Page 1 Statement of Revenues, Expenditures and Changes in Fund Balances General Fund SUPPORTING SCHEDULES Non -Ad Valorem Special Assessments Cash and Investment Report Suntrust Bank Reconciliation Check Register & Invoice Copies .......................... I.............................. Page 2 ............................... I...................... Page 3 ............ ............................... Page 4 ......... .. ...... I .................... ... I Page 5 ........... ............................... Page 6 -13 Cedar Hammock Community Development District Financial Statements (Unaudited) November 30, 2012 CEDAR HAMMOCK Governmental Fund Community Development District Balance Sheet November 30, 2012 GENERAL ACCOUNT DESCRIPTION FUND ASSETS Cash - Checking Account $ 131,577 Investments: Certificates of Deposit - 18 Months 25,125 Money Market Account 289,166 TOTAL ASSETS $ 445,868 LIABILITIES Accounts Payable $ 5,415 TOTAL LIABILITIES 5,415 FUND BALANCES Operating Reserves 19,073 Reserves - Bridges 33,180 Reserves - Bulkheads 78,245 Reserves - Lakes 51,460 Reserves - Roadways 168,375 Unreserved /Undesignated 90,120 TOTAL FUND BALANCES $ 440,453 TOTAL LIABILITIES A FUND BALANCES $ 445,868 Report Date: 1/3/2013 Prepared by: Severn Trent Management Services Page 1 CEDAR HAMMOCK General Fund Community Development District 500 500 1,000 (500) 500 Statement of Revenues, Expenditures and Changes in Fund Balances 7,200 1,200 For the Period Ending November 30, 2012 Contracts -Water Quality 7,200 1,200 ANNUAL (150) 1,350 R &M -Bridge 3,000 500 ADOPTED YTD YTD VARIANCE ($) NOV -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL REVENUES 834 Misc- Contingency 3,303 Interest - Investments $ 2,080 $ 346 $ 256 $ (90) $ 123 Special Assmnts- Tax Collector 279,653 39,291 112,788 73,497 112,788 Special Assmnts- Discounts (11,186) (1,572) (4,544) (2,972) (4,544) TOTAL REVENUES 270,547 38,065 108,500 70,435 108,367 EXPENDITURES 19,000 Reserve - Roadways 27,239 Administrative - 27,239 - Total Field 197.042 ProfServ- Engineering 10,000 1;666 740 926 740 ProfServ-Legal Services 2,000 334 690 (356) - ProfServ-Mgmt Consulting Sery 32,479 5,414 5,413 1 2,707 ProfServ- Property Appraiser 4,195 41195 - 4,195 - ProfServ- Special Assessment 2,718 - Auditing Services 5.250 - - Communication - Telephone 20 4 6 (2) 1 Postage and Freight 750 124 126 (2) 46 Insurance - General Liability 6,325 6,325 7,061 (736) - Printing and Binding 750 124 62 62 60 Legal Advertising 2,000 334 359 (25) - Misc -Bank Charges 1,000 166 41 125 41 Misc- Assessnt Collection Cost 5,593 786 2,165 (1,379) 2,165 Office Supplies 250 42 44 (2) 44 Annual District Filing Fee 175 175 175 - - Total Administrative 73,505 19,689 16,882 2,807 5,804 Field ProfServ-Field Management 500 500 1,000 (500) 500 Contracts -Water Mgmt Services 7,200 1,200 600 600 - Contracts -Water Quality 7,200 1,200 1,350 (150) 1,350 R &M -Bridge 3,000 500 - 500 R &M -Lake 3,000 500 500 R &M -Plant Replacement 5,000 834 834 Misc- Contingency 3,303 550 550 Capital Outlay 49,600 8,266 8,266 Reserve - Bridges 25,000 25,000 25,000 Reserve - Bulkheads 47.000 47,000 47,000 Reserve - Lakes 19,000 19,000 19,000 Reserve - Roadways 27,239 27,239 - 27,239 - Total Field 197.042 131,789 2,950 128,839 1,850 TOTAL EXPENDITURES 270,547 151,478 19,832 131,646 7,654 Net change in fund balance $ - $ (113,413) $ 88,668 $ 202,081 $ 100,713 FUND BAL, BEGINNING (OCT 1, 2012) 351,785 351,785 351,785 FUND BALANCE, ENDING $ 351,785 $ 238,372 $ 440,453 Report Date: 113/2013 Prepared by: Severn Trent Management Services Page 2 Cedar Hammock Community Development District Supporting Schedules November 30, 2012 Cedar Hammock Community Development District Non -Ad Valorem Special Assessments (Collier County Tax Collector - Monthly Collection Distributions) For the Fiscal Year Ending September 30, 2013 Discount / Gross Date Net Amount (Penalties) County Exp Amount Received Received Amount Amount Received sessments Levied ocation % $279,650 100% 11/07112 $ 2,355.52 $ 133.91 $ 48.07 $ 2,537.50 11/14/12 37,867.20 1,610.00 772.80 40,250.00 11/29/12 65,856.00 2,800.00 1,344.00 70,000.00 TOTAL $ 106,078.72 $ 4,543.91 $ 2,164.87 $ 112,787.50 % COLLECTED 40.33% TOTAL OUTSTANDING $ 166,862.50 Report Date: 1/3/2013 Prepared by: Severn Trent Management Services Page 3 CEDAR HAMMOCK Community Development District General Fund Account Name Checking Account - Operating Certificate of Deposit Money Market Account Cash and Investment Report November 30, 2012 Bank Name Investment Type SunTrust Bank n/a 1st So Bank 18 month CD Florida Shores Public Funds MMA All Funds Maturity Yield Balance n/a 0.10% $ 131,577 8/6/13 0.75% 25,125 n/a 0.50% 289,166 Total $ 445,868 Report Date: 1/3/2013 Prepared By: Severn Trent Management Services Page 4 Cedar Hammock CDD Bank Reconciliation Bank Account No. 9995 Statement No. 11.12 Statement Date 11130/12 QL Balance ($) 131,576.63 G/L Balance 131,576.63 Positive Adjustments 0.00 Subtotal 131,576.63 Negative Adjustments 0.00 Ending G/L Balance 131,576.63 Difference 0.00 Statement Balance 132,247.72 Outstanding Deposits 0.00 Subtotal 132,247.72 Outstanding Checks 671.09 Total Differences 0.00 Ending Balance 131,576.63 Posting Cleared Date Document Tvoe Document No. Description Amount Amount Difference Checks 10131112 Payment 1451 CARDNO ENTRIX 3,505.00 3,505.00 0.00 10131/12 Payment 1452 FEDEX 7.55 7.55 0.00 10/31/12 Payment 1453 SEVERN TRENT ENVIRONMENTAL 3,215.17 3,215.17 0.00 11/13/12 Payment 1454 CARDNO ENTRIX 600.00 600.00 0.00 11/19/12 Payment 1456 DANIEL H. COX, P.A. 690.00 690.00 0.00 Total Checks . ... . ....... . ... .......... .. ..... . ... ... . ... .. ...... .. 8,017.72 8,017.72 0.00 Deposits 11/07/12 CK #300065501 COLLIER CTY TAX COLL:ASSMNTS RCVD thru 10125/ 2,355.52 2,355.52 0100 11/14/12 ACH CREDIT COLLIER CTY TAX COLL:ASSMNTS RCVD thru 11114/ 37,867.20 37,867.20 0.00 11/21/12 ACH DEBIT SUNTRUST ANALYSIS FEE-OCT 2012 -41.19 •41.19 0.00 11/30/12 ACH CREDIT SUNTRUST INTEREST INC -NOV 2012 4.57 4.57 0.00 11/29/12 ACH CREDIT COLLIER CTY TAX COLL:ASSMNTS RCVD thru 11/281 65,856.00 65,856.00 0.00 Total Deposits . ... ..... .. ...... ..... .......... . ...... . ...... .. . ... . 106,042.10 106,042.10 0.00 Outstanding Checks 11/19112 Payment 1455 COLLIER CTY TAX COLLECTOR 38.49 0.00 38.49 11/28/12 Payment 1457 CARDNO ENTRIX 600.00 0.00 600.00 11/28/12 Payment 1458 FEDEX 32.60 0.00 32.60 Total Outstanding Checks . ... ... ... . .. ... ... ....... . ... .... ......... ... . 671.09 Page 5 \ § f Y ° E CL 6 _ » k E E 0 / $ » ■§GI' ■ 2 � 2 K 2�_ . 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