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02/11/2013 AgendaCedar Hammock Community Development Distri Y Board of Supervisors Frank Vaselewski, Chairman Calvin Teague, District Manager Tom Cook, Vice Chairman Dan Cox, District Counsel Gary McClellan, Assistant Secretary Sam Marshall, District Engineer Larry Minamyer, Assistant Secretary Bob Nocera, Assistant Secretary Regular Meeting Agenda Monday, February 11, 2013 — 3:00 p.m. 1. Roll Call 2. Approval of the Minutes of the January 14, 2013 Meeting 3. Old Business A. Update of Water Use Permit Modification B. Update of Storm Water System Maintenance Efforts C. Review of Revised HOA /CDD Maintenance Agreement D. Review of Road Maintenance Plan 4. New Business A. Proposed Budget for Fiscal Year 2014 B. Consideration of Resolution 2013 -1 Approving the Budget and Setting the Public Hearing 5. Manager's Report A. Financial Report for December, 2012 B. Follow -up on Action Items 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 MARCH 11, 2013 at 10:00 A.M. District Office: Meeting Location: 5911 Country Lakes Drive Cedar Hammock Clubhouse Fort Myers, Florida 8660 Cedar Hammock Boulevard 239 - 245 -7118 Naples, Florida www.CedarHammockCDD,com FACILITIES OPERATION AND MAINTENANCE AMENDED MEMORANDUM OF AGREEMENT BETWEEN CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT AND CEDAR HAMMOCK GOLF AND COUNTRY CLUB, INC. THIS 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: The above recitals are true and correct and incorporated by reference herein. 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 D. Bridges and Bulkheads E. Storm water drainage systems F. Street signage G. Collier Blvd & Davis Blvd entrances 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 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 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 Amended Agreement. 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 March 1, 2018, unless either party provides the other party at least 90 days written notice of its intent not to renew. Either party to this Agreement may offer amendment(s) to or cancel this Amended Agreement at any time for any reason at its sole discretion upon providing at least 90 days written notice to the other party 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 $2,500 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 District Manager. Association, in consideration of 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, suites 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 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. (Intentionally left blank) RESOLUTION 2013 -1 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2014 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating and /or debt service budget for Fiscal Year 2014; a copy of which is attached hereto, and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT; 1. The budget proposed by the District Manager for Fiscal Year 2014 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: April 15, 2013 Hour: 3:00 P.M. Place: Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 11th day of February, 20 `rank Vaselewski Chairman CEDAR HAMMOCK Community Development District Annual Operating Budget Fiscal Year 2014 Version 1 - Approved Tentative Budget: (Printed on 211812013) Prepared by: a c Li ro v C Q� , U uu � u N G O a' W D � c a� oE W E u 0 O O m ti N N IA tG N O O m N n Y O N n N n r h O O 10 N Y O r Cl d� N � 1� N .- to M � O a A m N O N c'� In 73 C 't V 1 � N O O N In w m m o o w <n m M m m n w 1-- V ^ O m N N w f O m -1 f� ' O M w N co N N V 0 0 m 0 w 0 0 0 w O o 0 M 0 w Y 0 0 4 m l� N 111 N 0 O O m 1 n C 0 0 V�j h N n M 1 O O m N r Y O a M V a N 10 N r o 9 0 o M w w o o 0 0 0 0 o M o In 1� n n O O 111 N h N IMf+_ M [+) C] N N N N r �- m ImA_ 111 V n n r O n w N O L N l �- N Y) r C7 r M cn n C y U p1 E C _ G (jl1j C tl! 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J a o �� C� Q G E m U) Ln N N 0 0 C n h l7 c7 u7 M C 4'1 lfi 117 fV N o O u°1 O I 101 P f0 N {D W,l O M 0 c V 11 Ori C N N O 0 O O N M r` f+1 M VO ) f0Otfnf� h M O O O O O M O O O O M 0 0 ' O N O C C O C O ' M 0 0 ' O O 0 C C O O iA M N O O w O C7 N N n a n I ' °� vii_ ' Iq O d V z O O 1I1 O ' 117 ' M ' Cl T O M N G N o 5pp U CC S C7 O .52 c 2 A-- c E u 11 N C z CO m J tr W aZi ro m m` ° a U O 2 2 2 z .a m d m m fu a U U cc x Cr Cr 2 U x s fr fr E ,I M l N W < f f t L E f f ' M f•7 N N C cMV N Lo N n N of M � N C! w C', N pn N _ N M M N f71 Cl) N U7 LU � y d V z N j 7 LL W 2 Z N o 5pp U CC S C7 O c v y j 5 m m W fh c U V 2 c W _ ~O Z ? 3 Z_ +30 m X W W° U t O D O Z w w rn m Z ID y d D l6 (A d. c �o N 0 m — Y C L aLL CEDAR HAMMOCK Community Development District Exhibit "A" Allocation of Fund Balances AVAILABLE FUNDS General Fund Amount Beginning Fund Balance - Fiscal Year 2014 $ 532,919 Net Change in Fund Balance - Fiscal Year 2014 - Reserves - Fiscal Year 2014 Additions 117,000 Total Funds Available Estimated - 9/30/2014 649,919 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Ba lance Operating Reserve - First Quarter Operating Capital 38,387 Reserves - Roadways FY 2011 Reserve Funding 145,000 FY 2012 Reserve Funding 23,375 FY 2013 Reserve Funding 25,223 FY 2014 Reserve Funding 72,000 265,598 Reserves - Bulkheads FY 2011 Reserve Funding 40,000 FY 2012 Reserve Funding 38,245 FY 2013 Reserve Funding 47,000 FY 2014 Reserve Funding 15,000 140,245 Reserves - Bridges FY 2011 Reserve Funding 9,477 FY 2012 Reserve Funding 23,703 FY 2013 Reserve Funding 25,000 FY 2014 Reserve Funding 15,000 Reserves - Lakes 73,180 FY 2011 Reserve Funding 14,627 FY 2012 Reserve Funding 36,833 FY 2013 Reserve Funding 19,000 FY 2014 Reserve Funding 15,000 85,460 Subtotal 602,870 Total Allocation of Available Funds 602,870 Total Unassigned (undesignated) Cash $ 47,049 Notes ( ") represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget Fiscal Year 2014 Cedar Hammock Community Development District General Fund Budget REVENUES: Interest Income The District earns interest on the monthly average collected balance for their operating accounts, money market accounts and certificates of deposits. Special Assessments - Tax Collector The District will levy a Non -Ad Valorem assessment on all sold and platted parcels within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments - Discounts Per Section 197.162, Florida Statues, discounts are allowed for early payment of assessments. The budgeted amount for the fiscal year is calculated at 4% of the anticipated Non -Ad Valorem assessments. EXPENDITURES: Administrative: Prof Sery - Engineering The District's engineer will be providing general engineering services to the District, i.e., attendance and preparation for monthly board meetings, review invoices, etc. Prof Sery - Legal Services The District's legal counsel will be providing general legal services to the District, i.e., attendance & preparation for monthly meetings, review operating & maintenance contracts, etc. Prof Sery - Management Consulting Sery The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. These services are further outlined in Exhibit "A" of the Management Agreement. Prof Sery - Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The FY2014 budget for property appraiser costs was based on 1.5% of gross assessments. Prof Sery - Special Assessment The District's Collection Agent will be providing financials services which include the collection of prepaid assessments, maintenance of District's assessment roll and levying the annual operating and maintenance assessments. Cedar Hammock Community Development District General Fund Budget Auditing Services The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm. Communication - Telephone Telephone and fax machine charges incurred. Postage and Freight Mailing of agenda packages, overnight deliveries, correspondence, etc. Insurance - General Liability The District's General Liability & Public Officials Liability Insurance policy is with The Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage to governmental agencies. Printing & Binding Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc. Legal Advertising The District is required to advertise various notices for monthly Board meetings, public hearings, etc. in a newspaper of general circulation. Misc - Bank Charges Bank analysis fees that are incurred during the year. Misc - Assessment Collection Costs The District reimburses the Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The FY2014 budget for collection costs was based on a maximum of 2% of the anticipated assessment collections. Office Supplies Miscellaneous office supplies required for the preparation of agenda packages. Annual District Filing Fee The District is required to pay an annual fee to the Department of Community Affairs for $175. Cedar Hammock Community Development District General Fund Budget Field Services; Contracts — Water Memt Services Professional services for environmental permit compliance. Currently all fees associated with the renewal of the Water Use Permit. Contracts - Water Ouality Monitoring Services Testing and other professional services in monitoring water quality for reporting to regulatory agencies. R &M - Bridge Repair and maintenance expenses related to bridge structures. R &M - Lake Repair and maintenance expenses related to lakes including washout repairs and erosion. R &M - Aquatic Plant Replacement For replacement or addition of littoral plantings to existing lake littoral shelves in an effort to prevent erosion and improve water quality within the lakes. R &M - Mitigation It is required that the District establishes a surface water quality program, which will consist of sampling and analysis from various points within the District. Mise- Contingency Any current year Field expenditure that may not have been provided for in the budget. Capital Outlay Capital expenditures for items such as irrigation equipment or other items meeting capital expenditure requirements with a cost of at least $1,000 and a life expectancy of at least 3 years. Reserve - Bridges Funds to be set aside for future bridge expenditures as determined by the BOS. Reserve - Bulkheads Funds to be set aside for future bulkhead expenditures as determined by the BOS. Reserve - Lakes Funds to be set aside for future lake expenditures as determined by the BOS. Reserve - Roadways Funds to be set aside for future roadway expenditures as determined by the BOS. Cedar Hammock Community Development District Financial Report December 31, 2012 Prepared by CEDAR HAMMOCK Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet ....... ................................ I....... 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 Page 1 ......... Page 2 ...... Page 3 ...... Page 4 Page 5 ...... Page 6 -11 CEDAR HAMMOCK Community Development District Financial Statements (Unaudited) December 31, 2012 CEDAR HAMMOCK Community Development District Balance Sheet December 31, 2012 GENERAL ACCOUNT DESCRIPTION FUND ASSETS Cash - Checking Account $ 246,735 Accounts Receivable 1,000 Investments: Certificates of Deposit - 18 Months 25,125 Money Market Account 289,289 TOTAL ASSETS $ 562,149 LIABILITIES Accounts Payable $ 12,083 TOTAL LIABILITIES 12,083 Governmental Fund FUND BALANCES Operating Reserves 19,073 Reserves - Bridges 33,180 Reserves - Bulkheads 78,245 Reserves - Lakes 51,460 Reserves - Roadways 168,375 Unreserved /Undesignated 199,733 TOTAL FUND BALANCES $ 550,066 TOTAL LIABILITIES & FUND BALANCES $ 562,149 Report Date: 1/21/2013 Prepared by: Severn Trent Management Services Page 1 CEDAR HAMMOCK General Fund Community Development District Statement of Revenues, Expenditures and Changes in Fund Balances For the. Period Ending December 31, 2012 ANNUAL ADOPTED YTD YTD VARIANCE ($) DEC -12 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL REVENUES Interest - Investments $ 2,080 $ 520 $ 397 $ (123) $ 140 Special Assmnts- Tax Collector 279,653 240.837 240,975 138 128.188 Special Assmnts- Discounts (11,186) (91634) (9,629) 5 (5.085) TOTAL REVENUES 270,547 231,723 231,743 20 123,243 EXPENDITURES Administrative ProfServ- Engineering 10,000 2,500 2,079 421 1:339 ProfServ-Legal Services 2,000 500 940 (440) 250 ProfServ-Mgmt Consulting Sery 32,479 8,120 8,120 - 2:707 ProfServ- Property Appraiser 4,195 4,195 - 4,195 ProfServ- Special Assessment 2,718 2;718 2,718 - 2,718 Auditing Services 5,250 - - Communication - Telephone 20 5 6 (1) Postage and Freight 750 188 179 9 53 Insurance - General Liability 6,325 6.325 7,061 (736) - Printing and Binding 750 188 93 95 32 Legal Advertising 2,000 501 359 142 - Misc -Bank Charges 1,000 249 126 123 85 Misc- Assessmnt Collection Cost 5,593 4,817 4,627 190 2,462 Office Supplies 250 63 88 (25) 44 Annual District Filing Fee 175 175 175 - Total Administrative 73,505 30,544 26,571 3,973 9,690 Field ProfServ-Field Management 500 500 500 - Contracts -Water Mgmt Services 7,200 1.800 1,200 600 600 Contracts -Water Quality 7,20D 1,800 3,175 (1,375) 1,825 R &M- Bridge 3,000 750 - 750 - R &M -Lake 3,000 750 750 R &M -Plant Replacement 5,000 1,250 1,250 Misc- Contingency 3,303 826 826 Capital Outlay 49,600 12,400 12,400 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 2,016 25;223 2,016 Total Field 197,042 138,315 6,891 131,424 4,441 TOTAL EXPENDITURES 270,547 168,859 33,462 135,397 14,131 Net change in fund balance $ - S 62,864 $ 198,281 $ 135,417 $ 109,112 FUND BALANCE, BEGINNING (OCT 1, 2012) 351,785 351,785 351,785 FUND BALANCE, ENDING $ 351,785 $ 414,649 $ 550,066 Report Date: 1/21/2013 Prepared by: Page 2 Severn Trent Management Services CEDAR HAMMOCK Community Development District Supporting Schedules December 31, 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 Assessments Levied Allocation % $279,650 100°/ 11/07/12 $ 2,355.52 $ 133.91 $ 48.07 $ 2,537.50 11114/12 37,867.20 11610.00 772.80 40,250.00 11/29/12 65,856.00 2,800.00 1,344.00 70,000.00 12/13/12 120,640.84 5,084.60 2,462.06 128,187.50 TOTAL $ 226,719.56 $ 9,628.51 $ 4,626.93 $ 240,975.00 % COLLECTED 86.17% TOTAL OUTSTANDING $ 38,675.00 Report Date: 1/21/2013 Prepared by: Severn Trent Management Services Page 3 CEDAR HAMMOCK All Funds Community Development District General Fund Account Name Checking Account - Operating Certificate of Deposit Money Market Account Cash and Investment Report December 3 f, 2012 Bank Name Investment Type SunTrust Bank n/a 1st So Bank 18 month CD Florida Shores Public Funds MMA Maturi Yield Balance n/a 0.10% $ 246,735 8/6113 0.75% 25,125 n/a 0.50% 289,289 Total $ 561,149 Report Date: 1/21/2013 Prepared By: Severn Trent Management Services Page 4 Cedar Hammock CDD Bank Reconclllatlon Bank Account No. 9995 Statement No. 12 -12 Statement Dale 12/31/12 G/L Balance ($) 246,734.53 G/L Balance 246,734.53 Positive Adjustments 0.00 Subtotal 246,734.53 Negative Adjustments 0.00 Ending G/L Balance 246,734.53 Difference 0.00 Statement Balance 246,734.53 Outstanding Deposits 0.00 Subtotal 246,734.53 Outstanding Checks 0.00 Total Differences 0.00 Ending Balance 246,734.53 Posting Cleared Amount Date DocumentTvpe Document No. Description Checks 600.00 600.00 0.00 11119/12 Payment 1455 COLLIER CTY TAX COLLECTOR 11/28112 - Payment 1457 CARDNO ENTRIX 11/28/12 Payment 1458 FEDEX 12/03/12 Payment 1459 BANKS ENGINEERING INC 12/03/12 Payment 1460 FEDEX 12/03/12 Payment 1461 SEVERN TRENT ENVIRONMENTAL 12/11D/12 Payment 1462 CARDNO ENTRIX TotalChecks .................. ............................... .... Deposits 12/13112 ACH CREDIT COLLIER CTY TAX COLL:ASSMNTS RCVD thru 12/12/ 12/20/12 ACH DEBIT SUNTRUST ANALYSIS FEE -NOV 2012 12/31/12 ACH CREDIT SUNTRUST INTEREST INC -DEC 2012 Total Deposits 120,573.18 120,573.18 Page 5 0.00 Cleared Amount Amount Difference 38.49 38.49 0.00 600.00 600.00 0.00 32.60 32.60 0.00 740.00 740.00 0.00 7.58 7.58 0.00 3,317.70 3,317.70 0.00 1,350.00 1,350.00 0.00 6,086.37 6,08637 0.00 120,640.84 120,640.84 0.00 -84.77 -84.77 0.00 17.11 17,11 0.00 120,573.18 120,573.18 Page 5 0.00 U L7 c m �C E U O O N N Z C V � m E V U o U3 U� °o o N m o 0 N 7 In M N M M M M M M Kl m N 0 N ,� r m m to m N 0o 5 [o N C O c ° C O o n � n w W w W U to T r Y •�• W W W W W W W W - d d i 3 LL LL w w w LWL LL N 3 (0 N N 5 .n d Z c m LL m f- = m v o c N R7 uJ U� c c 3 c a Z to m E 01 to m °' LL m o N m SL c w w w w w w w C9 a a° N 7 7 a° if E E ? o a a tc a¢ a a z 10 2 o o ° a U U L' a N T C7 N N N ,� r 5 [o N C O c ° C O o LL C, a n w W w W U to T r Y •�• W W W W W W W W - d d i U LL LL w w w LWL LL = N z z z z Z o of w w w w w w w a ? o a a tc a¢ a a z 0 L' w z z z z Z Z a Q Q L U N fA a W z U Q Q Q i o N > N N N N N N N Z w z w O W .- O L O N N N N N N N Z N 00 O Q V to VNV V? 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