03/03/2016 Agenda 11 g [H LI
Heritage Bay Community Development Distric I) 1° °
Board of Supervisors By—_Br ► r(�
Edwin Hubbard,Chairman Calvin Teague, 1 istric
Ronald A.Grant,Vice Chairman Gregory Urbancic,District Counsel
John May,Assistant Treasurer Jeffrey Satfield,District Engineer
Dennis Gagne,Assistant Secretary
Richard Brodeur,Assistant Secretary
Regular Meeting Agenda
March 3,2016—9:00 a.m.
1. Roll Call
2. Public Comments on Agenda Items
3. Approval of the Minutes of the December 30,2015 Special Meeting and January 7,
2016 Regular Meeting
4. Old Business
A. Lake Management Program
B. Environmental Permit Transfer
C. Report on Umbrella Association Meeting
D. Bridge Project Update
5. New Business
A. Proposal for Removal of Palms and Thalia
6. Manager's Report
A. Approval of Financials,Check Register and Invoices
B. Discussion of Fiscal Year 2017 Budget Planning
C. Discussion of General Election
i. Qualifying Information
ii. Consideration of Resolution 2016-3 Confirming the District's Use of the Collier
County Supervisor of Elections to Continue Conducting the District's Election of
Supervisors in Conjunction with the General Election
D. Field Manager's Report
E. Follow up
7. Attorney's Report
8. Engineer's Report
9. Supervisors'Requests and Audience Comments
10. Adjournment
The next meeting is scheduled for May 5,2016 at 9:00 a.m.
District Office: Meeting Location:
210 N.University Drive,Suite 702 Heritage Bay Clubhouse
Coral Springs,FL 33071 10154 Heritage Bay Boulevard
954-753-5841 Naples,FL
Subject: FW: Heritage Bay-Stormwater System Analysis Proposal
Attachments: Heritage Bay Stormwater System Analysis Proposal.doc.pdf
From: Lockhart,Joshua(P.E.)[mailto:ilockhart@cphcoro.com]
Sent:Thursday,January 21,2016 11:16 AM
To:Teague,Calvin<Cal.Teague@STServices.com>;Faircloth,Justin<Justin.Faircloth@stservices.com>
Cc:isatfield@cphcorp.com
Subject: Heritage Bay-Stormwater System Analysis Proposal
Cal and Justin,we appreciate the opportunity to provide the attached proposal for the first phase of the stormwater
system analysis. This phase would be the Site Investigation and Data Collection to gather info for the next phases in a
Lake Management Plan as well as the Bathymetric Survey for all of the lakes and ponds in the community. I'll call shortly
to discuss.
Thanks,
Joshua D. Lockhart,P.E., LEED AP
Vice President/Associate
CPH
Phone: (239)332-5499 ext 3203
1
AGREEMENT FOR PROFESSIONAL SERVICES gPTh
BETWEEN
CPH, INC.
AND
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT
FOR
STORMWATER SYSTEM ANALYSIS& RECOMMENDATIONS
IN
COLLIER COUNTY, FL
1/20/2016
This Agreement is composed of Part I and Part II. Part I includes details of the services to be performed,
timing of the services, and compensations. Part II (attached) contains the CPH's Standard Hourly Rate Table
and Standard Contract Provisions, which are the general terms of the engagement between the Heritage Bay
Community Development District, herein after called the"CLIENT',and CPH, Inc., herein after called"CPH".
PART I
PROJECT DESCRIPTION
CLIENT proposes to have an evaluation conducted of the CDD maintained lakes/ponds located within the
Heritage Bay residential community with the ultimate goal for the development of a lake management plan that
can be implemented long term. The scope within this proposal focuses on the first phase of the investigation.
Additional phases and recommendations, including aquatic vegetation and shoreline surveys, water quality
testing, and long-term maintenance plans, will be provided at a later date based on the initial investigations
outlined herein.
SCOPE OF SERVICES
A. CONSULTANT
1.0 SITE INVESTIGATION& DATA COLLECTION
Phase 1A
> Review existing permits,agency files, previous report and any plans/as-builts that the CDD can
provide.
> Review surrounding land uses including readily available historic aerial photography
Y Review SFWMD drainage maps and any maps or topo survey that the COD can provide
> Review maintenance records/methods/issues.
Phase 1B
> Conduct field review(s)with CDD representative and/or maintenance staff to provide info and identify
problem areas, confirm drainage flow, identify areas that may not be constructed as designed, etc.
> Conduct inspections and photo document existing control structures and accessible inlets& cross
drains.
> Review previous work conducted to remedy problems and the results of those projects
CPU, Inc.—FL Page 1 of 6 Rev 6/2013
Phase IC
• Attend a client meeting or an association meeting to listen to concerns and issues to help identify order
of importance
• Take pictures and locate the problem areas on a map in order to rank order of priority
Findings will be summarized in a report. The report will identify the following:
- SFWMD Inspection &Certification Requirements
- Identify critical areas that need immediate attention
- Rank each pond/lake to prioritized for the next phase of the Management Plan
- Recommendations for a routine inspection and maintenance cycle
- Recommendations for Phase 2 of the investigation
C. SURVEYING
1.0 BATHYMETRIC SURVEY
Topographic survey and depth soundings as depicted within the red area of the attached "Site Survey Exhibit".
Topographic survey will include Top of Bank(TOB)to pond bottoms with cross sections at a minimum of every
one hundred (100) feet. Top of silt and apparent hard bottom will be located at each cross section with the
exception of the lakes/ponds with depths greater than 20 feet. Six (6) site benchmarks will be provided. The
project coordinate system will be based horizontally on the North American Datum 83(2011) (NAD 83(2011)).
The project will be referenced to state plane coordinates by field locating published control points. The
National Geodetic Survey control points will be researched and verified in the field. This base of reference will
be used to establish the coordinate system for the project. The project will be based on the National American
Vertical Datum of 1988 (NAVD 88). The project will be referenced to these published elevations by field
locating published benchmarks.
CLIENT-FURNISHED INFORMATION
It is understood that CPH will perform services under the sole direction of the CLIENT. In the performance of
these services, CPH will coordinate its efforts with those of other project team members as required. The
CLIENT shall provide CPH with project-related technical data including, but not limited to,the following:
• Previous Investigation& Surveys, preferably in AutoCAD
• Access to maintenance providers
• A list of previous maintenance activities
• Any other pertinent information concerning this project to which the CLIENT may have access
CPH will rely upon the accuracy and completeness of CLIENT-furnished information in connection with the
performance of services under this Agreement.
CPH will begin performance of the above services upon verbal authorization followed by written authorization
within 7 days of the verbal authorization to proceed is received. The schedule is also subject to timely delivery
of information by the CLIENT and is exclusive of CLIENT and local review of interim products. If the CLIENT
requests that work under this agreement be stopped, the schedule is subject to renegotiation when written
authorization to continue is received.
CPH, Inc.—FL Page 2 of 6 Rev 6/2013
COMPENSATION
Labor
CPH will perform the Scope of Services contained in this Agreement as identified on each task, either lump
sum or time and materials. Refer to the Standard Hourly Rate Schedule to be utilized on this project. The
following is the break down of fees for each task. Tasks that are identified as Time and Materials (Hourly)
have been provided an 'Upset Limit' (USL)budget. The CLIENT will be informed when the services are about
to exceed this limit.
Phase No. Phase Description Billing Method Fee
A. CONSULTANT
1.0 Site Investigation&Data Collection Lump Sum $15,900.00
C. SURVEYING
1.0 Bathymetric Survey Lump Sum $36,900.00
Reimbursable Expenses
In addition to the labor compensation outlined above, CPH shall be reimbursed directly for project specific
expenditures such as, but not limited to travel, printing and reprographics, meals, hotel stay, rental cars,
postage, and telephone usage. Reimbursable expenses will be billed at their actual cost,without increase.
Should work be required that is not specifically described herein, CPH will prepare a proposal or amendment,
at the CLIENT's request, that contains the Scope of Services, fee, and schedule required to complete the
additional work item.
CPH, INC. AUTHORIZAT 'N
By:
Joshu D.L+• hart, P.E.
Vice President
Date: /Al it(o
CPH, Inc.—FL Page 3 of 6 Rev 6/2013
CLIENT AUTHORIZATION
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT agrees with Part I which includes the Scope of
Services and Compensation Schedule. Part II contains CPH's Standard Contract Provisions referenced as
Exhibit A and CPH's Standard Hourly Rate Schedule referenced as Exhibit B(attached hereto and
acknowledged as being received). Together they constitute the entire Agreement between CPH, Inc. and
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT.
Total Labor Fees for services proposed herein: as listed above plus reimbursable expenses.
It is understood that fees for the subject project, including but not limited to, application fees, impact fees, utility
connection fees, review fees, etc.,will be paid directly by the CLIENT.
Payment for services rendered will be due within forty-five(45)days of invoicing. Should the CLIENT choose
to not complete the project at any phase of the project, CPH will be due any fees for services up to the time the
CLIENT informs CPH in writing to stop work. Payment for services up to the time of the CLIENT'S notice will
be due within thirty (30) days of the final invoice. Invoice payments must be kept current for services to
continue. CPH reserves the right to terminate or suspend work when invoices become ninety (90) days past
due. In event that the work is suspended or terminated as a result of non-payment, CLIENT agrees that CPH
will not be responsible for CLIENT's failure to meet project deadlines imposed by governments, lenders, or
other third parties. Neither is CPH responsible for other adverse consequences as a result of termination or
suspension of work for nonpayment of the invoices.
This proposal is void if not executed and returned to CPH within 30 days of CPH's execution of the proposal.
The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted. CPH is
authorized to do the work as specified and payment will be made as outlined above.
By signing this agreement, I acknowledge that I have the legal authority to enter into this agreement and agree
to be bound by the terms contained herein.
By:
Signature
Title:
Date:
CPH, Inc.—FL Page 4 of 6 Rev 6/2013
EXHIBIT A
Standard Provisions to Agreement
Agreement between Heritage Bay Community Development District
(hereinafter referred to as "OWNER/CLIENT") and CPH, Inc. (hereinafter referred to as 'CPH")for professional
services which may include engineering, surveying, architecture, landscape architecture, environmental, forestry,
planning, transportation/traffic,etc.dated January 20,2016
Standard of Care
CPH will endeavor to provide services in a manner consistent with the level of care and skill ordinarily exercised
by other professionals under similar circumstances practicing in the same or similar locality. The standard of care
shall be exclusively judged at the time services are rendered and not according to later standards. CPH makes
no express or implied warranty with regard to its services.
Compensation.Out of Pocket and Subcontract Expense,
"Compensation" as used in the Agreement includes those costs which are connected with the conditions of
employment and pay of the employees and include salaries of those employees directly engaged in the
performance of the requested services and employer contributions for social security, workers compensation,
unemployment and payroll taxes, medical and insurance benefits, retirement benefits, holiday and sick leave pay
and other allowed benefits. "Out of Pocket Expenses"as used in the Agreement include such items as travel and
subsistence, printing and reproduction, telephone/communications charges, freight, postage, computer and
similar costs. "Subcontract Expenses' as used in this Agreement include subcontracts for special consultants
such as licensed land surveyors, soils borings and geotechnical and geohydrological services, laboratory
services,environmental scientist services and other professional scientific or technical service organizations.
Invoice payments are due upon receipt of the invoice and must be kept current for services to continue. Payment
should be mailed to CPH, Inc.at 500 West Fulton Street, Sanford, FL 32771. If the OWNER/CLIENT fails to pay
any invoice due within 45 days of the date of the invoice, CPH may, without waiving any other claim or right
against OWNER/CLIENT, suspend services under this agreement until CPH has been paid in full all amounts due
CPH and/or any of its consultants and subconsultants. OWNER/CLIENT shall pay CPH interest at 12% per
annum on all invoices that remain unpaid for more than 45 days.
Additional Services
"Additional Services"of CPH are services which are not considered normal or customary basic services,except to
the extent provided in the basic Agreement, and may include such items as preparation of grant or funding
applications and supporting documents; additional services or costs resulting from significant changes in the
scope or extent of the project or its design or project delays; providing renderings or models for the
OWNER/CLIENT's use; preparing documents for alternate bids; furnishing the services of special consultants;
resident project representation or resident inspection; services resulting from the award of additional separate
contracts; special field surveys;reproducible Record Drawings or original Drawings; providing"as-built"drawings;
additional services during construction; serving as a consultant or witness for the OWNER/CLIENT during any
litigation, public hearing, etc.; and services normally furnished by the OWNER/CLIENT; or other services not
otherwise specifically provided for in the Agreement. Additional services are not included in the basic payment
provisions of the Agreement except to the extent specifically provided herein.
Opinions of Cost
Since CPH has no control over the cost of labor, materials,equipment or services furnished by others,or over the
CONTRACTOR(s)' methods of determining prices, or over competitive bidding or market conditions, our opinions
of probable project cost and construction cost are made on the basis of our experience and qualifications and
represent our best judgment as an experienced and qualified professional,familiar with the construction industry;
Exhibit A Page 1 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
but CPH cannot and does not guarantee that proposals,bids, or actual project costs or construction costs will not
vary from opinions of probable cost prepared by us.
Use of Documents
All documents including Drawings and Specifications prepared by CPH pursuant to this Agreement belong to
CPH and are instruments of our service in respect to the project. They are not intended or represented to be
suitable for reuse by the OWNER/CLIENT on another project or any extension of this project,or for use by others
on this project, any extension, or any other project. Rights to use of the documents by Owner/Client shall
terminate in the event that Owner/Client fails to pay invoices as outlined herein.
Underground Utilities and Structures
The locations of all existing utilities shown on the drawings prepared by CPH will be based on surveys of at-grade
or above grade physical culture(such as valve boxes, hydrants, utility poles, permanent markers) and surveying
to pick up temporary utility locate markings provided by the utility. CPH assumes no responsibility for the
accuracy of utilities shown by temporary markings provided by the utility or the locations of utilities based on other
non-physical features (such as plans prepared by others including mark-ups of locations provided by the utility).
The below grade vertical and horizontal locations of utilities will not be required to be surveyed by CPH, and
consequently, CPH assumes no responsibility for the location of below grade utilities. The OWNER/CLIENT
agrees to release CPH from any liability to OWNER/CLIENT for the failure to locate any existing utility where its
physical location could not have reasonably been known based on the above.
Termination
The obligation to provide further services under this Agreement, may be terminated by either party upon fifteen
(15) days' written notice in the event of substantial failure by the other party to perform in accordance with the
terms of the Agreement through no fault of the terminating party. If the Agreement is terminated during
prosecution of the services and prior to the completion of services, CPH shall be compensated by the
OWNER/CLIENT for all services performed under this Agreement to the date of termination. In addition, CPH will
be paid for all reasonable expenses resulting from such termination.
Construction Administration
Where construction administration is provided as a part of the basic services as outlined in the Agreement, CPH
shall not be required to make exhaustive or continuous on-site inspections, but shall make periodic observations
as may be outlined in more detail in the basic Agreement. CPH shall not be responsible for the means, methods,
techniques, procedures of construction, or schedules selected by the CONTRACTOR or the safety precautions
and programs incident to the work of the CONTRACTOR. CPH will periodically visit the site at intervals outlined
in the Agreement to become generally familiar with the progress of the work to keep the Owner advised of the
work. CPH will observe the work of the CONTRACTOR to endeavor to determine if the work is in general
conformance with the project documents. CPH shall not be responsible for the failure of the CONTRACTOR to
perform the construction work in accordance with the Documents. CPH shall provide the OWNER/CLIENT with
written notice of any uncorrected defects or deficiencies coming to its attention in the course of the periodic visits
above-mentioned. During such visits and on the basis of its on-site observations, CPH may recommend to the
OWNER that the CONTRACTOR's work be disapproved or rejected as failing to conform to the Documents. CPH
shall not have the right or duty to stop the CONTRACTOR's work.
Professional Services Provided by Others
Surveying, soils, planning, architecture, landscape architecture, legal, accounting, construction inspection and
other services may be provided by the OWNER/CLIENT or others on this project and the results furnished to
CPH. It is agreed that CPH may rely upon the results of those services by others in performing its work without
verification of same. CPH assumes no responsibility for the accuracy or technical adequacy of such professional
services provided by others.
Exhibit A Page 2 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
CPR's Approval for Payment
Approval of a CONTRACTOR's application for payment is an expression of opinion by CPH and shall at no time
be considered as legal obligation on the part of CPH. Neither shall same be considered as an acceptance of any
work or materials furnished. CPH's approval for payment is an expression of opinion by CPH that to the best of
our knowledge, information and belief, the quality of the work included for payment is in general accordance with
the Contract Documents (subject to an evaluation of the work as a functioning improvement upon substantial
completion and to the results of any subsequent tests or inspection made). By approving an application for
payment, CPH will not be deemed to have represented that we have made any examination of how or for what
purpose any CONTRACTOR has used the money paid on any of the CONTRACTOR's work or that title to any of
the CONTRACTOR's work, materials or equipment has passed to the OWNER/CLIENT, free and clear of any
liens, claims,security interests or encumbrances.
Checking of Shop Drawings
Checking of shop drawings is only for general conformance with the design concept of the project and general
compliance with the information given in the Contract Documents. Any action shown is subject to the
requirements of the Plans and Specifications. It is the CONTRACTOR's responsibility and not that of the CPH,for
dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of
construction;coordination of his work with that of all other trades and the satisfactory performance of his work.
Pre-existing Contaminants
CPH shall not be considered a generator, transporter, or disposer of materials affected by regulated
contaminants. Because involvement with OWNER/CLIENT's contaminated substances can expose CPH to
severe risks, OWNER/CLIENT shall, to the fullest extent permitted by law, waive any claim against CPH, and
indemnify, defend, and hold CPH harmless from any claim or liability for injury or loss allegedly arising from
CPH's involvement with OWNER/CLIENT's contaminated substances. OWNER/CLIENT shall also compensate
CPH for any time spent or expense incurred by CPH in defense of any such claim_ Such compensation shall be
based on CPH's prevailing fee schedule and expense reimbursement policy.
Site Safety Responsibilities
CPH's site responsibilities are limited solely to the activities of CPH and CPH's employees on the site. These
responsibilities shall not be inferred by any party to mean that CPH has responsibility for site safety for any
reason. Safety in, on, or about the site is the sole and exclusive responsibility of the Contractor alone. The
Contractor's methods of work performance, superintendence of the contractor's employees and subcontractors,
and sequencing of construction are also the sole and exclusive responsibility of the Contractor alone.
OWNER/CLIENT warrants that:1)these responsibilities will be made clear in OWNER/CLIENT's agreement with
the Contractor: 2)OWNER/CLIENT's agreement with the Contractor shall require the Contractor, to the extent of
Contractor's negligence, to indemnify, defend, and hold OWNER/CLIENT and CPH harmless up to a limit of
$1,000,000 from any fine, penalty, claim, or liability for injury or loss arising from OWNER/CLIENT'S or CPH's
alleged failure to exercise site safety responsibility;and 3)OWNER/CLIENT's agreement with the Contractor shall
require the Contractor to make OWNER/CLIENT and CPH additional insureds under the Contractor's general
liability insurance policy, which insurance protection shall be primary protection for OWNER/CLIENT and CPH,
and shall hold OWNER/CLIENT and CPH harmless from claims, losses, and defense cost arising from the
negligence of contractor or subcontractor on any tier up to a limit of $1,000,000. Given the foregoing,
OWNER/CLIENT also shall, to the fullest extent permitted by law, waive any claim against CPH, and indemnify,
defend, and hold CPH harmless up to a limit of$1,000,000 from any claim or liability for injury or loss arising from
CPH's alleged failure to exercise site safety responsibility. OWNER/CLIENT also shall compensate CPH for any
time spent and attorney fees and expenses incurred by CPH in defense of any such claim. Such compensation
shall be based upon CPH's prevailing fee schedule and expense reimbursement policy. (The term "any claim"
above referenced shall include, but not limited to, any claim for breach of contract, tort, or statute alleging
negligence, errors, omissions, strict liability, statutory liability, breach of warranty, negligent misrepresentation, or
other acts giving rise to liability.)
Exhibit A Page 3 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
Governing Law,Venue,Jurisdiction
This instrument is to be interpreted and construed according to the laws of the State of Florida. It is agreed
between the parties to this contract that any litigation, lawsuit or court action of any character arising from this
agreement shall be filed and/or defended in Seminole County, Florida. All parties under this contract hereby
voluntarily submit to the exclusive jurisdiction of the Florida Courts and the exclusive venue in Seminole County,
Florida and do hereby waive any objections to either personal or subject matter jurisdiction of the Florida Courts
or to said venue.
Attorney Fees and Costs
In connection with any dispute arising out of this Contract, each party shall be responsible for their own attorney's
fees and costs incurred for services rendered in connection with such dispute, including appellate proceedings
and post judgment proceedings.
Waiver of Consequential Damattes
OWNER/CLIENT and CPH mutually agree to waive all claims for consequential damages against each other an
each other's respective officers, directors, and employees from any and all claims arising out of the project,
including, but not limited to, loss of use, lost profits, and delay damages, against each other, arising from
disputes,claims,or other matters relating to this Agreement.
Delay In Performance
Neither the OWNER/CLIENT nor CPH shall be considered in default of this Agreement for delays in performance
caused by circumstances beyond the reasonable control of the nonperforming party. Such circumstances shall
include, but are not limited to, abnormal weather conditions, floods, earthquakes, fire, epidemics; war, riots, and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial
restraint; and delay in or inability to procure permits, licenses, and authorizations from any local, state or federal
agency;for any supplies, materials,accesses,or services required to be provided by either the OWNER/CLIENT
or CPH under this Agreement. A reasonable extension of time for delay in performance caused by any such
circumstances shall be granted. Should such circumstances occur the non-performing party shall within a
reasonable time of being prevented from performing give written notice to the other party describing the
circumstances preventing continued performance and efforts being made to resume performance under this
Agreement.
Project Development.Approvals and Scheduling
CPH will, in the course of its work, attempt to generally identify issues that would adversely affect the
development of the site for use as proposed by the Owner/Developer. However, CPH cannot control the
regulatory process, actions of others, or unforeseen conditions and does not guarantee that the project can be
developed for use as proposed, nor does CPH guarantee the timing of or ultimate regulatory approval of the site
for development as proposed.
The local, state, and federal entities and authorities("Authorities")having jurisdiction over the project may or may
not approve the proposed use of the project. Additionally, it is uncertain how long those Authorities will take to
consider and to take action on the applications for the proposed use of the project. Said decisions and approvals
are subject to the decision making process of those Authorities. Therefore, CPH cannot represent or guarantee
that said Authorities will approve, in whole or in part, the requested use of the project or that the decision making
process will be timely for the project's use, or that the Authorities will grant variances applicable to the project.
Therefore, the OWNER/CLIENT bears the risk of non-approval of the proposed use and the timing thereof. The
OWNER/CLIENT needs to consider the ramifications to it if the project is not approved or only approved in part.
Exhibit A Page 4 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
Limitation of Liability:
Site Check Studies
OWNER/CLIENT acknowledges that CPH's Site Check Studies pursuant to this Agreement are general in nature
and are performed before design is started or completed. OWNER/CLIENT acknowledges the recommendation
of CPH that the OWNER/CLIENT should not close on the subject property unless and until all applicable agency
approvals are obtained and the permitting process is completed. If OWNER/CLIENT elects to close on the
subject property prior to that time, OWNER/CLIENT accepts all risks and liability arising from closing prior to
obtaining all applicable agency approvals and completion of the permitting process and releases CPH and CPH's
officers,directors,and employees from all claims thereof.
In order to allocate the relative risks and benefits of the project between the parties,the OWNER/CLIENT agrees
to limit the liability of CPH and CPH's officers,directors,and employees for any and all claims arising from CPH's
or CPH's officers', directors', and employees' professional acts, negligence, errors, omissions, breach of this
contract, or indemnity relating to CPH's Site Check Studies under this contract such that the total aggregate
liability of CPH and CPH's officers,directors, and employees to the OWNER/CLIENT shall not exceed the fee for
the Site Check Study paid by OWNER/CLIENT to CPH under this Agreement or$10,000,whichever is greater.
Design And Other Professional Services
OWNER/CLIENT acknowledges that CPH's services pursuant to this Agreement are to assist the client and are
for the scope of services as outlined in the attached contract. In order to allocate the relative risks and benefits of
the project between the parties, the OWNER/CLIENT agrees to limit the liability of CPH and CPH's officers,
directors, and employees for any and all claims arising from CPH's or CPH's officers', directors', and employees'
professional acts, negligence, errors, omissions, breach of this contract, or indemnity, such that the total
aggregate liability of CPH and CPH's officers, directors, and employees to the OWNER/CLIENT shall not exceed
the fee paid by OWNER/CLIENT to CPH under this Agreement or$50,000,whichever is greater.
PURSUANT TO FLORIDA STATUTE 558.0035, DESIGN
PROFESSIONALS; CONTRACTUAL LIMITATION ON LIABILITY - AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY
LIABLE FOR NEGLIGENCE
Construction Defects on Florida Projects
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS
OF CHAPTER 558, FLORIDA STATUTES
Exhibit A Page 5 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
Rates & Reimbursables
CPH STANDARD RATES CPH STANDARD RATES
Category Rate Category Rate
Principal $160 Principal Landscape Architect $160
Sr.Project Manager $150 Sr.Landscape Architect $125
Project Manager $140 Landscape Architect $105
Professional Engineer $130 Sr.Landscape Designer $100
Sr.Project Engineer $125 Landscape Designer $85
Project Engineer $115
Project Designer $110 Project Coordinator $90
Principal Traffic Engineer $160 Sr.Design Technician $105
Sr.Traffic Engineer $135 Design Technician $95
Traffic Engineer $11$ Sr.CADD Technician $85
Traffic Analyst $105 CADD Technician ;75
Senior Graphic Designer $125
Principal Environmental Scientist $160 Graphic Designer $75
Senior Environmental Scientist $125
Lead Environmental Scientist $105 Administrative $75
Environmental Scientist Clerical II $60
595 Clerical I 149
GIS Analyst $105 Network Admin.(I) SBO
Arborist $125
Sr.Construction Manager $120
Principal Planner $160 Construction Manager $105
Construction Field Representative II $100
Sr.Planner $130 Construction Field Personnel I $80
Planner $100
Principal Surveyor ' $160
Principal Architect 5180 Sr.Professional Surveyor $130
Professional Surveyor and Mapper $125
Sr.Architect $140 Field Technicianfbesigner $10S
Senior Architectural Manager $130 Surveyor in Training $100
Architect $125 Survey Project ManagerICADD 1100
Senior Architectural Designer $120 Field Crew Coordinator $95
Architectural Designer $105 Survey Party
Survey Instrument Chief $75
Man $65
Architectural Coordinator $85 Surveying Sr CADD Tech $90
Surveying CADD Tech $75
Principal Structural Engineer $180 Survey Crew(2 Man) $135
Senior Structural Engineer $140 Survey Crew(Construction Staking.2 Man) $160
Survey Crew(3 Man) $155
Structural Engineer $115
GPS(1 Man)I Robotics $130
GPS(2 Man) $165
Principal MEP Engineer $160 1 Man Scanner/Laser Survey Crew $255
MEP Project Engineer $115 2 Man Scanner/Laser Survey Crew $290
MEP Project Designer $110
MEP Design Technician $95
Schedule of Reimbursable Charges
Copies(B&W) Plots(B&W) Mileage At Current IRS
8,5 x 11 $0.05 Each 11 X 17 $0.21 Each Rates
Phone At Cost
6.5 x 14 $0.10 Each 12 X 18 $0.24 Each
Postage At Cost
11 x 17 $0.20 Each 15 X 21 $0.35 Each outside Reimbursables At Cost
34 X 22 $0.83 Each
Copies(Color) 24 X 36 S 0.96 Each
8.5 a 11 $0.25 Each 30 X 42 $1.42 Each
8.5 x 14 $0.30 Each 36X48 $1.92 Each
11 x 17 $0.35 Each Billing and Reimbursabie
Rates Are Subject To Periodic
Review and Adjustment.
Mylera Plots(Color/Bond) Updated:December 14,2015
24 x 36 $9.00 Each 24 x 36 $24.00 Each
32 x 42 $13.00 Each 30 x 42 $35.00 Each
36 x 48 $48.00 Each
Willi
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Teague, Calvin
From: Faircloth,Justin
Sent: Wednesday, March 02,2016 7:17 PM
To: Teague, Calvin
Subject: Fwd:Heritage Bay CDD(11-0224-P-10)Operation Transfer
Attachments: image005 jpg;ATT00001.htm; image001jpg;ATT00002.htm;image002.png;ATT00003.htm;
image003.png;ATT00004.htm;image004.png;ATT00005.htm;image001jpg;ATT00006.htm;
060928-16 Location Map.pdf;ATT00007.htm;101008-7 Deed HOA to CDD.pdf;ATT00008.htm;
Heritage Bay CCD Letter- Lake 30B.pdf;ATT00009.htm;060928-16_excerpt.pdf;ATT00010.htm;
070806-9_excerpt.pdf;ATT00011.htm; 101018-7_excerpt.pdf;ATT00012.htm
FYI.... I spoke with her this afternoon.We a'terbaelct s needing-an egreementwith the Quarry4 pJ vtc2usly:thought twill intact
the Quarry tomorrow with this news.
Thanks,
Justin Faircloth
Assistant District Manager
Severn Trent Services
5911 Country Lakes Drive
Ft. Myers, FL 33905
T:(Z39)245-7118 ext.306
C: (239)785-0675
F: (239)245-7120
E:justin.faircioih@ stseryice .cotrri
Begin forwarded message:
From:"Krumlauf,Jennifer"<iru ;3i<zr6siwrrrr,?;gq>
Date:March 2,2016 at 5:24:33 PM EST
To:"Justin Faircloth(u' tin faucet)#_CU Ls'}J,ce s° sl} <iu>i t i rcloth w er i, ' com>
Subject:FW:Heritage Bay CDD(11-0224-P-10)Operation Transfer
Hello Justin,
As we discussed, I've attached i J Jig-f tl exempts:#;ormthe;=perrnit fitEwur ciea;Application-060928 1 ,
0708015,W'Ci`"1010T8 that eo41t ith ited n 40. apn;,b J9W. I've also left the documents you previously
forwarded for my review so they're all available in one place.
Rega dnf A'p`) i'fic ttd 101b1' -1,tilis.did,notetithorizearly.changes,:to or,r,eference;1ake,30B in.anyway„,,,
I?er itvaretrOtvonveyettwherrproperty.is convey ; purr its ustbe-traesferred-:through a pe.rrpittigg
action.Therefo.re4thewestea- peftion,cif-Lai 3 t aat'is-within The Quarry's boundary-has,;not been.split:from :
theTMetSterti'p irttort of`take,3081 that-is'withtrtileritage Bay's'boundary as permitted under Applications
060928-10 andu070806 9--
Ttre'permit"naodification under 060928-16 was isaued to-both Centex and tennaf as co permittees because
staff-determined during the::application's rryiew.that.the applicatiom boundary encompassed property withjp.,
of i Tlie Quarry and Heritage;lay.
Thank you,
1
jenn4fer,t ru mml of
Regulatory Specialist Supervisor
South Florida Water Management District
3301 Gun Club Road,MSC 9611
West Palm Beach,FL 33406
Phone:(561)682-2712
•
2
I/43
Teague, Calvin
From: Faircloth,Justin
Sent Thursday, February 25,2016 2:41 PM
To: Kristina Johnson
Cc: kdailey@sdsinc.org;Josh Evans;Scott.brooks@pulte.com;Teague,Calvin; Ed Hubbard
(ehubbard@heritagebaycdd.com)
Subject: RE: Heritage Bay CDD(11-0224-P-10) Operation Transfer
Ms.Johnson,
Thank you for this information. I am not sure why EWIVIDtOt;s-notaiready-understand this.information.I triedFto.explain that,
the area they had was over bOth'of'the pro'perties`arid l asked if the application could be split between the two just
like the ERP,but-I was toldno.The individual that we-were working with is no longer with the District,but I have passed this
information on to their Supervisor for review. I will let you know what we find out.
Thank you for your assistance.
Sincerely,
Justin
Justin Faircloth
Assistant District Manager
Severn Trent—North America
5911 Country Lakes Drivel Fort Myers,FL 33905
0:(239)245-7118 ext.3061 M:(239)785-06751 www.severntrentservices.com
SUPERVISORS,PLEASE DO NOT REPLY TO ALL AS THIS COULD BE A VIOLATION OF THE FLORIDA SUNSHINE PROVISIONS.
CONFIDENTIALITY NOTICE:The information in this email is intended for the sole use of the recipient(s)and may be confidential and subject to protection
under the law.If you are not the intended recipient,you are hereby notified that any distribution or copying of this email is strictly prohibited.If you have
received this message in error,please contact the sender immediately and delete your copy from your computer.
FronKristina Jrhnson [mailto:KJohnson@jreeng.coml
Sent:Thursday, February 25,2016 12:01 PM
To:Faircloth,Justin<Justin.Faircloth@stservices.com>
Cc:kdailey@sdsinc.org;Josh Evans<josh@jrevansengineering.com>;Scott.brooks@pulte.com
Subject: Heritage Bay CDD(11-0224-P-10)Operation Transfer
Mr. Faircloth,
As district engineer for the Quarry CDD I have prepared the attached items for your consideration as it relates to the
SFWMD transfer for applications#060928-16 and#070806-9.
1. Letter of our findings
2. Copy of the Location Map submitted with#060928-16
3. Deed for transfer to the Quarry CDD of the portion of Lake 30B located on the Quarry property submitted with
#101008-7
Please feel free to share this email with the appropriate persons.
Let us know if you have any questions.
1
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,-',.���/u. °`~
February 25,2016
]ustinFainloth
Severn Trnt-North America
5911 Country Lakes Drive
Fort Myers,FL 33905
5ubjout: Heritage Bay SFWMD
Applications#060928-16 and#070806-9
Dear Mr. Faircloth:
As the district engineer for Quarry COO, J.R. Evans Engineering P.A. ORE) was made aware of the
Heritage Doy~CD['s n phase to the operation and
maintenance phase through the SFWMD for the above referenced applications. The email
correspondence between the Heritage Bay CDD and the SFWMD was provided to us for background on
the issue.It appears that the SFWMD believes that the referenced applications are on both the Heritages
Bayand-{hDrpypropemiesondfurthe,mme theS9Nk4Bwisrequesting that Heritage Bay and
ate the côoperating entities for these applications
In order to address this issueIn order to address this issue JREveveamivadAhesVptalitiitapplicationVtintdatefminedntnm*a'splitvmat
mad be'tweett the Heritage ay property and theQuarry property for ttie<'SFWMD permits A�evidence
of-this-split-please the~endoeed~1ommtKon Map"submitted under a9pl1tao|oh#O6O928-16that
highlights the boundarylin for the application to be the boundary line of the Heritage Bay property.
Furthermore the portion of Lake 30B located on the Quarry property was transferred to the Quarry CDD
under application#1010187 as evidenced by the enclosed deed;
Based on the findings it is our professional opinion that applications#060928-16 and#O7O8O6^9are on'
the Heritage Bay property only The portionof Lake 30B that is located on the Quarry property is already
operated and maintained by the Quarry CDD asshown inSFVVMDapplication#1U1O18^7.
Included with this letter are the following items for your consideration:
1. Location Map from application#060928-16
2. Deed of ownership to the Quarry COD from application#101018-7
Sincerely,
Kristina JohnsonRE.
Senior Project Manager
J.R. EVANS ENGINEERING
9351 CORKSCREW ROAD,STE 102,coTsxopL33928/239^05y148(m'239.288.2537m
WWW Jnsvxwosxe/wscmwozow
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SITE MAP
Exhibit 1.0
Application No. 070806-9
Page , 2 of 2
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nOUTI-I FLORIDA WATER MANAGEMENT DISTRICT
-
,':,".' LOMA WEST COAST REGIONAL SERVICE CENTLR 2301 McCre.or Roexlevard,'Rid Myero,FL 33901
• FL WATS 1-800-248-1701 • Seaman 748-2929 • Fa.(339)3.38-3536 . www.sfwmagovAwci
Environmental Resource Regulation
Application No.: 060928-16
May 22,2008
CENTEX HOMES LENNAR HOMES L.L.C.
5801 PELICAN BAY BLVD,STE 600 4415 METRO PARKWAY SUITE 216
NAPLES,FL 34108 FORT MYERS,FL 33916
Dear Permittee:
SUBJECT: PERMIT NO.: 11-02234-P
Project HERITAGE BAY-RECREATIONAL LAKE CROSS SECTIONS
Location: Collier County, S13,14,23,24/T48,91R26E
District staff has reviewed the Information submitted May 9,2008,for the proposed additional optional
cross-section(Option 3 of Section D-0)illustrating the interface between the recreational deep lake and
residential single family lot. The proposed modification with associated details are illustrated on plans
sheet 1,7 and 8 signed and seated by David S.Wilkison,P.E.from WilsoriMiller, Inc on September 27,
2006. No modifications Ottler than those specified hereln'areauthorized by thIsAelter.
Based on that information, Dist,rictataft-hawdeterMinedifiattheplofideadaetiVitlea,are in,coMpliande with'.
thp,original surface water managernent-Permit and appropriate provisions of-FAC Rule 40E-4.331(2)(b). ,-
Therefore,these changes hovel:leen recorded In our files.
Please understand that your permit remains subject to the Standard Limiting Conditions and all other
Special Conditions not modified and as originally issued.
Should you have any questions concerning this matter,please contact this office.
Sincere:47
,
William Foley,P.E.
Sr Supv Engineer
Collier County Service Center
WF/ps
c: Collier County Engineer
Wilsonmiller,Inc.
, /4 /;,.TRICT IIMOUri:CIEKS: 3301 Gult Club Fad,P.0 fEkm 24680,West Palni Benda,H.,334i6-4580 • (561)686-8800 • FL WATS 1-800-432-2015
. ,
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ISOUTH FLORIDA WATER MANAGEMENT DISTRICT
y . -y-
Low WEST COAST REGIONAL SERVICE CENTER 2.1I M nn
x goat ,utei a _t,Fort My n 33901
r'os .\���~ (239 338-2929 • €t.WAIS t-800-248-1281 • Sum=748-2929 • tax 1,23')3M-3936 • www.Eivrnitigovitwc/
Water Resource Regulation
Application No.: 101018-7
November 5,2010
PULTE GROUP
9240 ESTERO PARK COMMONS BLVD
ESTERO,FL 33928
Dear Permittee:
SUBJECT: PERMIT NO.: 11-02234-P
Project : SILVE RSTONE AT THE QUARRY
Location: Collier County, S23/T46S/R26E
District staff has reviewed the information submitted October 18,2010.for the addition of 12 guest parking
spaces and associated rear lot sidewalk connections on Coastline Drive to serve specifically Silverstone
Condominium at the Quarry, These improvements will result in a net addition of 0.13 acres of impervious
area of Basin f#7 as shown on the supporting information and engineering plans dated October 15,2010
by David J. Hurst,P.E. of WilsonMiller Stantec. No other changes to the surface water management
system are authorized by this modification.
Based on that information,District staff has determined that the proposed 43ctivities are in compliance with
the original environmental resource permit and appropriate provisions of FAC Rule 40E-4.331(2)(b).
Therefore,these changes have been recorded in our files.
'Please understand that your permit remains subject to the General Conditions and all other Special
Conditions not modified and as originally issued.
Should you have any questions concerning this matter,please contact this office.
Sincerely, 7r
i .Foley,P.E.
Se on Leader
flier County Service Center
W F/cq
c: Collier County Engineer
Pulte Homes
Wilson Miller Stantec
.f.)i ..mcr HI 0Q«ArtrEv_J. 3301 CAM UV* P.O.&x 24640,West Pain'Beach,FL 3341 -4680 • (561)686-8800 • FL'WATS 1-880-432-2(215
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AGRICULTURAL
AGRICULTURAL
ZONEDZ ZONED 6
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14-48-26 13-48.... 6 .-... f
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16-48-27
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A • � i-7-------7-:;777..._ ' AGRICULTURAL
AGRICULTURAL ` �_ 1 (,: 24-48-2e = ZONED
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(C.R. 846) - ''�I T�. EAST GOLF
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a OUTDOOR RESORTS ;:
0 �rn OF NAPLES PUD 30---48--27
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erp_staff_report.rdf
PROJECT EVALUATION:
PROJECT SITE DESCRIPTION:
The project site, encompassing approximately 2,562 acres, is located on the north side of Immokalee
Road approximately 3.50 miles east of 1-75 and just east of the northern projection of Collier Boulevard
(CR 951).The Cocohatchee River Canal and Immokalee Road bound the site to the south,while the east
is bound by the Bonita Bay East Golf Club(Permit Number 11-01336-S),the west by Mirasol property
(Permit Number 11-02031-P), and the north by undeveloped lands and hydrological flowways.Location
and site maps are attached as Exhibit 1.0.
The Heritage Bay) Quarry development site contains large contiguous wetland/upland vegetation
associations along the northern portion of the property and along the eastern portion of the property.
Smaller areas are located in the western portion of the property and are isolated. Wetland areas total
834.90 acres. Upland vegetation includes pine flatwoods and palmetto prairies and are scattered
throughout the wetland areas and total 26.10 acres.No direct impacts to the wetlands were proposed for
this application. No additional wetland impacts are anticipated due to this modification.
PROJECT BACKGROUND:
The project site is located within the Cocohatchee River Canal Watershed. To address sheetilow in the
watershed the Heritage Bay/Quarry master surface water management was permitted (Permit No. 11-
02234-P/Application No 020523-16)to allow the passage of the 150 cfs. Application No.020523-16.
The analysis completed anticipated lower stages on the north side of thi:i project based on the
construction of the Mirasol flowway under Permit No. 11-02031-P/Application No. 000518-10. Those
other improvements were not completed and the existing stages on the north of the site has resulted In
flows >150 cfs entering this site. In addition, Permit No. 11-02031-P 1 Application No. 060524-2 was
issued for the Mirasol development which removed the flowway component and was designed to not raise
the existing stages on the north side of that development.
PROPOSED PROJECT:
The objective of this application is to modify the inlet structures to allow an inflcw rate of 150 cfs to the
master surface water management system from the north. In addition, control structure L22L30, an
internal surface water management facility, is proposed to be removed from the surface water
management system. Removing this control structure does not affect the requited water quality volume
and flood protection provided by the master surface water management system. The surface water
management plans and details are attached as Exhibits 2.0-2.13.
To account for the revised elevations on the north side of the project the three inlet facilities (Structures
W1W4,W1L30 and W2L30)need to be modified to ensure the master surface water management system
will pass 150 cfs. The proposed configurations of the inlet facilities, as specified in special condition
number 4,are designed to allow the following offsite flows to enter the master su:face water management
system:20.6, 119.1 and 10.5 cfs through Structures W1W4,W1L30 and W2L30,respectively. With the
proposed modifications to the master surface water management system,the peak stages during design
storm events in all basins within the development do not exceed the previee sly permitted minimum
parking lot,road crown and finished floor elevations.
No adverse water quality or quantity impacts are anticipated as a result from the!imposed project.
LAND USE:
No changes to the previously permitted land use for both portions authorized azi conceptual approval and
construction and operation approval under applications number 040212-21 arid i341201-9.
App.no. 070806-9 Page 2 of 11
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2216 Altamont Avenue
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Phone:239.332.5499
Fax:239.332.2955
UMW.cphengineers.com
March 2, 2016
Calvin Teague
District Manager
Severn Trent Management Services
5911 Country Lakes Drive
Fort Myers, FL 33905
Re: Heritage Bay CDD
Meeting Attendance and Miscellaneous Services
Dear Calvin:
CPH, Inc. is pleased to provide this proposal for meeting attendance and miscellaneous services.
Per Client request,CPH will attend meetings and/or hearings to review and discuss projects on an
as needed basis. CPH can perform any non-project specific tasks under this contract, including
permit research, site visits, and local municipality coordination.
CPH will perform the Scope of Services contained in this Agreement as time and materials.
Refer to the Standard Hourly Rate Schedule(Exhibit B)to be utilized on this project. The
following is the breakdown of fees. Tasks that are identified as Time and Materials(Hourly)have
been provided an'Upset Limit'(USL)budget. The CLIENT will be informed when the services
are about to exceed this limit. We propose to perform the above scope of services as follows:
I. Meeting Attendance and Miscellaneous Services $15,000 USL
CPH shall be reimbursed directly for project specific expenditures such as, but not limited to,
travel, printing and reprographics, meals, hotel stays, rental cars, postage, and telephone usage.
Reimbursable expenses will be billed at their actual cost,without increase.
Exhibit A, attached hereto, further provides standard contractual provisions applying hereto.
Payment for our services will be due monthly upon rendering of a statement based on percent of
completion by the Engineer.
It is understood that you may terminate this contract with written notice to CPH, Inc., and CPH will
bill only for services rendered up to the date written termination of the contract,in conformance with
the general agreement.
Thank you again for this opportunity. Please do not hesitate to contact us if you have any questions
or require additional information.
The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted.
CPH is authorized to do the work as specified and payment will be made as outlined above.
- 1 -
By signing this agreement, I acknowledge that I have the legal authority to enter into this agreement
and agree to be bound by the terms contained herein.
If you are in agreement with the above Scope of Services and fees, please sign and return one
(1)copy of this letter to our office for our records, and as our Notice to Proceed.
CPH, INC. HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT
L1-
JoshuLo(hart, P.E. Calvin Teague
i
Vice President/Associate District Manager
#/Ai/61
,
Date Date
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EXHIBIT A
Standard Provisions to Agreement
Agreement between Heritage Bay Community Development District
(hereinafter referred to as "OWNER/CLIENT") and CPH, Inc. (hereinafter referred to as "CPH") for professional
services which may include engineering, surveying, architecture, landscape architecture, environmental, forestry,
planning, transportation/traffic, etc.dated March 2, 2016
Standard of Care
CPH will endeavor to provide services in a manner consistent with the level of care and skill ordinarily exercised
by other professionals under similar circumstances practicing in the same or similar locality. The standard of care
shall be exclusively judged at the time services are rendered and not according to later standards. CPH makes
no express or implied warranty with regard to its services.
Compensation,Out of Pocket and Subcontract Expenses
"Compensation" as used in the Agreement includes those costs which are connected with the conditions of
employment and pay of the employees and include salaries of those employees directly engaged in the
performance of the requested services and employer contributions for social security, workers compensation,
unemployment and payroll taxes, medical and insurance benefits, retirement benefits, holiday and sick leave pay
and other allowed benefits. "Out of Pocket Expenses"as used in the Agreement include such items as travel and
subsistence, printing and reproduction, telephone/communications charges, freight, postage, computer and
similar costs. "Subcontract Expenses" as used in this Agreement include subcontracts for special consultants
such as licensed land surveyors, soils borings and geotechnical and geohydrological services, laboratory
services, environmental scientist services and other professional scientific or technical service organizations.
Invoice payments are due upon receipt of the invoice and must be kept current for services to continue. Payment
should be mailed to CPH, Inc. at 500 West Fulton Street, Sanford, FL 32771. If the OWNER/CLIENT fails to pay
any invoice due within 45 days of the date of the invoice, CPH may, without waiving any other claim or right
against OWNER/CLIENT, suspend services under this agreement until CPH has been paid in full all amounts due
CPH and/or any of its consultants and subconsultants. OWNER/CLIENT shall pay CPH interest at 12% per
annum on all invoices that remain unpaid for more than 45 days.
Additional Services
"Additional Services"of CPH are services which are not considered normal or customary basic services,except to
the extent provided in the basic Agreement, and may include such items as preparation of grant or funding
applications and supporting documents; additional services or costs resulting from significant changes in the
scope or extent of the project or its design or project delays; providing renderings or models for the
OWNER/CLIENT's use; preparing documents for alternate bids; furnishing the services of special consultants;
resident project representation or resident inspection; services resulting from the award of additional separate
contracts; special field surveys; reproducible Record Drawings or original Drawings; providing"as-built"drawings;
additional services during construction; serving as a consultant or witness for the OWNER/CLIENT during any
litigation, public hearing, etc.; and services normally furnished by the OWNER/CLIENT; or other services not
otherwise specifically provided for in the Agreement. Additional services are not included in the basic payment
provisions of the Agreement except to the extent specifically provided herein.
Opinions of Cost
Since CPH has no control over the cost of labor, materials, equipment or services furnished by others, or over the
CONTRACTOR(s)'methods of determining prices, or over competitive bidding or market conditions, our opinions
of probable project cost and construction cost are made on the basis of our experience and qualifications and
represent our best judgment as an experienced and qualified professional,familiar with the construction industryv-
Exhibit A Page 1 of 5 /,
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials ( .
CPH is an Equal Opportunity/Affirmative Action Employer
but CPH cannot and does not guarantee that proposals, bids, or actual project costs or construction costs will not
vary from opinions of probable cost prepared by us.
Use of Documents
All documents including Drawings and Specifications prepared by CPH pursuant to this Agreement belong to
CPH and are instruments of our service in respect to the project. They are not intended or represented to be
suitable for reuse by the OWNER/CLIENT on another project or any extension of this project, or for use by others
on this project, any extension, or any other project. Rights to use of the documents by Owner/Client shall
terminate in the event that Owner/Client fails to pay invoices as outlined herein.
Underground Utilities and Structures
The locations of all existing utilities shown on the drawings prepared by CPH will be based on surveys of at-grade
or above grade physical culture(such as valve boxes, hydrants, utility poles, permanent markers) and surveying
to pick up temporary utility locate markings provided by the utility. CPH assumes no responsibility for the
accuracy of utilities shown by temporary markings provided by the utility or the locations of utilities based on other
non-physical features (such as plans prepared by others including mark-ups of locations provided by the utility).
The below grade vertical and horizontal locations of utilities will not be required to be surveyed by CPH, and
consequently, CPH assumes no responsibility for the location of below grade utilities. The OWNER/CLIENT
agrees to release CPH from any liability to OWNER/CLIENT for the failure to locate any existing utility where its
physical location could not have reasonably been known based on the above.
Termination
The obligation to provide further services under this Agreement, may be terminated by either party upon fifteen
(15) days' written notice in the event of substantial failure by the other party to perform in accordance with the
terms of the Agreement through no fault of the terminating party. If the Agreement is terminated during
prosecution of the services and prior to the completion of services, CPH shall be compensated by the
OWNER/CLIENT for all services performed under this Agreement to the date of termination. In addition, CPH will
be paid for all reasonable expenses resulting from such termination.
Construction Administration
Where construction administration is provided as a part of the basic services as outlined in the Agreement, CPH
shall not be required to make exhaustive or continuous on-site inspections, but shall make periodic observations
as may be outlined in more detail in the basic Agreement. CPH shall not be responsible for the means, methods,
techniques, procedures of construction, or schedules selected by the CONTRACTOR or the safety precautions
and programs incident to the work of the CONTRACTOR. CPH will periodically visit the site at intervals outlined
in the Agreement to become generally familiar with the progress of the work to keep the Owner advised of the
work. CPH will observe the work of the CONTRACTOR to endeavor to determine if the work is in general
conformance with the project documents. CPH shall not be responsible for the failure of the CONTRACTOR to
perform the construction work in accordance with the Documents. CPH shall provide the OWNER/CLIENT with
written notice of any uncorrected defects or deficiencies coming to its attention in the course of the periodic visits
above-mentioned. During such visits and on the basis of its on-site observations, CPH may recommend to the
OWNER that the CONTRACTOR's work be disapproved or rejected as failing to conform to the Documents. CPH
shall not have the right or duty to stop the CONTRACTOR's work.
Professional Services Provided by Others
Surveying, soils, planning, architecture, landscape architecture, legal, accounting, construction inspection and
other services may be provided by the OWNER/CLIENT or others on this project and the results furnished to
CPH. It is agreed that CPH may rely upon the results of those services by others in performing its work without
verification of same. CPH assumes no responsibility for the accuracy or technical adequacy of such professional
services provided by others.
Exhibit A Page 2 of 5
CPH,Inc.-FL Rev 612013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
CPH's Approval for Payment
Approval of a CONTRACTOR's application for payment is an expression of opinion by CPH and shall at no time
be considered as legal obligation on the part of CPH. Neither shall same be considered as an acceptance of any
work or materials furnished. CPH's approval for payment is an expression of opinion by CPH that to the best of
our knowledge, information and belief, the quality of the work included for payment is in general accordance with
the Contract Documents (subject to an evaluation of the work as a functioning improvement upon substantial
completion and to the results of any subsequent tests or inspection made). By approving an application for
payment, CPH will not be deemed to have represented that we have made any examination of how or for what
purpose any CONTRACTOR has used the money paid on any of the CONTRACTOR's work or that title to any of
the CONTRACTOR's work, materials or equipment has passed to the OWNER/CLIENT, free and clear of any
liens, claims, security interests or encumbrances.
Checking of Shop Drawings
Checking of shop drawings is only for general conformance with the design concept of the project and general
compliance with the information given in the Contract Documents. Any action shown is subject to the
requirements of the Plans and Specifications. It is the CONTRACTOR's responsibility and not that of the CPH,for
dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of
construction;coordination of his work with that of all other trades and the satisfactory performance of his work.
Pre-existing Contaminants
CPH shall not be considered a generator, transporter, or disposer of materials affected by regulated
contaminants. Because involvement with OWNER/CLIENT's contaminated substances can expose CPH to
severe risks, OWNER/CLIENT shall, to the fullest extent permitted by law, waive any claim against CPH, and
indemnify, defend, and hold CPH harmless from any claim or liability for injury or loss allegedly arising from
CPH's involvement with OWNERJCLIENT's contaminated substances. OWNER/CLIENT shall also compensate
CPH for any time spent or expense incurred by CPH in defense of any such claim. Such compensation shall be
based on CPH's prevailing fee schedule and expense reimbursement policy.
Site Safety Responsibilities
CPH's site responsibilities are limited solely to the activities of CPH and CPH's employees on the site. These
responsibilities shall not be inferred by any party to mean that CPH has responsibility for site safety for any
reason. Safety in, on, or about the site is the sole and exclusive responsibility of the Contractor alone. The
Contractor's methods of work performance, superintendence of the contractor's employees and subcontractors,
and sequencing of construction are also the sole and exclusive responsibility of the Contractor alone.
OWNER/CLIENT warrants that:1)these responsibilities will be made clear in OWNER/CLIENT's agreement with
the Contractor; 2)OWNER/CLIENT's agreement with the Contractor shall require the Contractor, to the extent of
Contractor's negligence, to indemnify, defend, and hold OWNER/CLIENT and CPH harmless up to a limit of
$1,000,000 from any fine, penalty, claim, or liability for injury or loss arising from OWNER/CLIENT'S or CPH's
alleged failure to exercise site safety responsibility; and 3)OWNER/CLIENT's agreement with the Contractor shall
require the Contractor to make OWNER/CLIENT and CPH additional insureds under the Contractor's general
liability insurance policy, which insurance protection shall be primary protection for OWNER/CLIENT and CPH,
and shall hold OWNER/CLIENT and CPH harmless from claims, losses, and defense cost arising from the
negligence of contractor or subcontractor on any tier up to a limit of $1,000,000. Given the foregoing,
OWNER/CLIENT also shall, to the fullest extent permitted by law, waive any claim against CPH, and indemnify,
defend, and hold CPH harmless up to a limit of$1,000,000 from any claim or liability for injury or loss arising from
CPH's alleged failure to exercise site safety responsibility. OWNER/CLIENT also shall compensate CPH for any
time spent and attorney fees and expenses incurred by CPH in defense of any such claim. Such compensation
shall be based upon CPH's prevailing fee schedule and expense reimbursement policy. (The term "any claim"
above referenced shall include, but not limited to, any claim for breach of contract, tort, or statute alleging
negligence, errors, omissions, strict liability, statutory liability, breach of warranty, negligent misrepresentation, or
other acts giving rise to liability.)
Exhibit A Page 3 of 5
CPH,Inc.-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
Governing Law,Venue,Jurisdiction
This instrument is to be interpreted and construed according to the laws of the State of Florida. It is agreed
between the parties to this contract that any litigation, lawsuit or court action of any character arising from this
agreement shall be filed and/or defended in Seminole County, Florida. All parties under this contract hereby
voluntarily submit to the exclusive jurisdiction of the Florida Courts and the exclusive venue in Seminole County,
Florida and do hereby waive any objections to either personal or subject matter jurisdiction of the Florida Courts
or to said venue.
Attorney Fees and Costs
In connection with any dispute arising out of this Contract, each party shall be responsible for their own attorney's
fees and costs incurred for services rendered in connection with such dispute, including appellate proceedings
and post judgment proceedings.
Waiver of Consequential Damages
OWNER/CLIENT and CPH mutually agree to waive all claims for consequential damages against each other an
each other's respective officers, directors, and employees from any and all claims arising out of the project,
including, but not limited to, loss of use, lost profits, and delay damages, against each other, arising from
disputes, claims, or other matters relating to this Agreement.
Delay In Performance
Neither the OWNER/CLIENT nor CPH shall be considered in default of this Agreement for delays in performance
caused by circumstances beyond the reasonable control of the nonperforming party. Such circumstances shall
include, but are not limited to, abnormal weather conditions, floods, earthquakes, fire, epidemics; war, riots, and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial
restraint; and delay in or inability to procure permits, licenses, and authorizations from any local, state or federal
agency;for any supplies, materials, accesses, or services required to be provided by either the OWNER/CLIENT
or CPH under this Agreement. A reasonable extension of time for delay in performance caused by any such
circumstances shall be granted. Should such circumstances occur the non-performing party shall within a
reasonable time of being prevented from performing give written notice to the other party describing the
circumstances preventing continued performance and efforts being made to resume performance under this
Agreement.
Project Development,Approvals and Scheduling
CPH will, in the course of its work, attempt to generally identify issues that would adversely affect the
development of the site for use as proposed by the Owner/Developer. However, CPH cannot control the
regulatory process, actions of others, or unforeseen conditions and does not guarantee that the project can be
developed for use as proposed, nor does CPH guarantee the timing of or ultimate regulatory approval of the site
for development as proposed.
The local, state, and federal entities and authorities ("Authorities")having jurisdiction over the project may or may
not approve the proposed use of the project. Additionally, it is uncertain how long those Authorities will take to
consider and to take action on the applications for the proposed use of the project. Said decisions and approvals
are subject to the decision making process of those Authorities. Therefore, CPH cannot represent or guarantee
that said Authorities will approve, in whole or in part, the requested use of the project or that the decision making
process will be timely for the project's use, or that the Authorities will grant variances applicable to the project.
Therefore, the OWNER/CLIENT bears the risk of non-approval of the proposed use and the timing thereof. The
OWNER/CLIENT needs to consider the ramifications to it if the project is not approved or only approved in part.
Exhibit A Page 4 of 5
CPH,Inc-FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
Limitation of Liability:
Site Check Studies
OWNER/CLIENT acknowledges that CPH's Site Check Studies pursuant to this Agreement are general in nature
and are performed before design is started or completed. OWNER/CLIENT acknowledges the recommendation
of CPH that the OWNER/CLIENT should not close on the subject property unless and until all applicable agency
approvals are obtained and the permitting process is completed. If OWNER/CLIENT elects to close on the
subject property prior to that time, OWNER/CLIENT accepts all risks and liability arising from closing prior to
obtaining all applicable agency approvals and completion of the permitting process and releases CPH and CPH's
officers, directors,and employees from all claims thereof.
In order to allocate the relative risks and benefits of the project between the parties, the OWNER/CLIENT agrees
to limit the liability of CPH and CPH's officers, directors, and employees for any and all claims arising from CPH's
or CPH's officers', directors', and employees' professional acts, negligence, errors, omissions, breach of this
contract, or indemnity relating to CPH's Site Check Studies under this contract such that the total aggregate
liability of CPH and CPH's officers, directors, and employees to the OWNER/CLIENT shall not exceed the fee for
the Site Check Study paid by OWNER/CLIENT to CPH under this Agreement or$10,000,whichever is greater.
Design And Other Professional Services
OWNER/CLIENT acknowledges that CPR's services pursuant to this Agreement are to assist the client and are
for the scope of services as outlined in the attached contract. In order to allocate the relative risks and benefits of
the project between the parties, the OWNER/CLIENT agrees to limit the liability of CPH and CPH's officers,
directors, and employees for any and all claims arising from CPH's or CPH's officers', directors', and employees'
professional acts, negligence, errors, omissions, breach of this contract, or indemnity, such that the total
aggregate liability of CPH and CPH's officers, directors, and employees to the OWNER/CLIENT shall not exceed
the fee paid by OWNER/CLIENT to CPH under this Agreement or$50,000,whichever is greater.
PURSUANT TO FLORIDA STATUTE 558.0035, DESIGN
PROFESSIONALS; CONTRACTUAL LIMITATION ON LIABILITY - AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY
LIABLE FOR NEGLIGENCE
Construction Defects on Florida Projects
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS
OF CHAPTER 558, FLORIDA STATUTES
Exhibit A Page 5 of 5
CPH,Inc. FL Rev 6/2013 Owner/Client Initials
CPH is an Equal Opportunity/Affirmative Action Employer
Rates & Reimbursables
CPH STANDARD RATES CPH STANDARD RATES
Category Rate Category Rate
Principal $160 Principal Landscape Architect $160
Sr.Project Manager $150 Sr.Landscape Architect $125
Project Manager $140 Landscape Architect $105
Professional Engineer $130 Sr.Landscape Designer $100
Si Project Engineer $125 Landscape Designer $85
Project Engineer $115
Project Designer $110 Project Coordinator $90
Principal Traffic Engineer $160 Sr.Design Technician $105
Sr.Traffic Engineer $135 Design Technician $95
Traffic Engineer $115 Sr.CADD Technician $85
Traffic Analyst $105 CADD Technician $75
Senior Graphic Designer ' $125
Principal Environmental Scientist $160 Graphic Designer $75
Senior Environmental Scientist $125
Lead Environmental Scientist *105 Administrative $75
Clerical it $60
Environmental Scientist $95 Clerical I $40
018 Analyst $105 Network Admin.(I) $80
Arborist $125
Sr.Construction Manager $120
Principal Planner ;160 Construction Manager $105
Construction Field Representative II $100
Sr.Planner _ $130 Construction Field Personnel I $80
Planner $100
Principal Surveyor $150
• Sr.Professional Surveyor $130
Principal Architect $160
Professional Surveyor and Mapper $125
Sr.Architect $140 Field Technician/Designer $105
Senior Architectural Manager $130 Surveyor in Training $100
Architect $125Survey Project Manager/CADD $100
Senior Architectural Designer $120 'Field Crew Coordinator $95
Survey Party Chief $75
Architectural Designer $105 Survey Instrument Man $65
Architectural Coordinator 385 Surveying Sr CADD Tech $90
Surveying CADD Tech $75
Principal Structural Engineer $160 Survey Crew(2 Man) $135
Senior Structural Engineer $140 Survey Crew(Construction Staking-2 Man) 5160
Survey Crew(3 Man) $155
Structural Engineer $115 GPS(1 Man)/Robotics $130
GPS(2 Man) $165
Principal MEP Engineer 3160 1 Man Scanner/Laser Survey Crew $265
MEP Project Engineer $115 2 Man Scanner/Laser Survey Crew $290
MEP Project Designer $110
MEP Design Technician $95
Schedule of Reimbursable Charges
Copies(B&W) Plots(B&W) Mileage At Current IRS
8.5 x 11 $0.05 Each 11 X 17 $0.21 Each Rates
Phone At Cost
8.5 x 14 $0.10 Each 12 X 18 $0.24 Each
Postage At Cost
11 x 17 $0.20 Each 15 X 21 $0.35 Each Outside Reimbursables At Cost
34 X 22 $0.83 Each
Copies(Color) 24 X 36 $0.96 Each
8.5 x 11 $0.25 Each 30 X 42 $1.42 Each
8.5 x 14 $0.30 Each 36 X 48 $1.92 Each
1 1 x 17 $0.35 Each Billing and Reimbursable
Rates Are Subject To Periodic
Review and Adjustment.
Mylars Plots(Color/Bond) Updated:December 14,2015
24 x 36 $9.00 Each 24 x 36 $24.00 Each
32 x 42 $13.00 Each 30 x 42 $35.00 Each
36 x48 $48.00 Each
Date: March 3,2016
To: Heritage Bay CDD Board of Supervisors,Calvin Teague
From: Ed Hubbard
Purpose: Define the ongoing relationship between the Umbrella Association,Inc.and the Heritage Bay CDD
Through this document, I am hoping that the Board of Supervisors of the Heritage Bay CDD can advance a position to the
Umbrella Association,Inc(UA)regarding our long term relationship and how we will interface with the UA going forward.
Outcome of the joint meeting held with the UA on February 2,2016,attended by Calvin Teague and Ed Hubbard:
-Ed Hubbard opening comments:
-we appreciate the fact that the UA has gone through multiple iterations of membership and is now in a position to
develop its operating guidelines and plans going forward
-while we can certainly entertain sharing critical"report cards"with the UA on a annual basis,as agreed to by the
parties,we do not see the need to have another entity oversee what we,as a CDD,have accepted as our
responsibilities under Florida Statute.
-we do request consideration for the maintenance of lakes 30A and B,per my letter dated January 10,2016,which
provide for this to occur under section 4.1 of the Declaration
-if the decision is to not take on this responsibility,we do request quick resolution of our request for the return of
our portion of the reserve dollars accumulated over many years of assessments
-Jack Osborn overview: (Chairman of the UA)
-responsibility for the two large recreational lakes(identified as lakes 30A and B)as requested by the Heritage Bay
COD,is not practical in as much as the"such responsibilities were never in fact assigned to the UA by the respective
HOA's,as required under the terms of the UA Declaration"
-we envision the UA as having a oversight function by functioning almost entirely as a non-entity
-we are trying to facilitate good management practices for both communities
-we would like a document developed,adhered to and signed off by the two CDD's and the two HOA's
-good management practices,and the sharing of the like,is important for both sides
"-we envision holding joint reserves,held in a UA account,for the benefit of both communities. We envision that
the reserves would be used for SWMS capital replacements and major repairs;terms that we will need to define so
that there will be fairness and clarity down the road. We envision that prior and current expenditures by the UA
will be shared equally by the two communities but that any excess funds,if they exist after funding the agreed
reserves,will be"spent" in the two communities in the same proportion they were assessed from the two
communities.Finally,at this point we also envision that future contributions to the UA will come equally from the
two communities,without regard for the number of doors".Taken from a email which I requested from Jack 0 to
clarify the UA position on continuing to collect funds from both communities.
-Laura Severance overview: (note,member of the UA and a TQ representative)
-section 3.1 of the Declaration is clear as it states"notwithstanding the foregoing,each of the Members shall
maintain their respective portions of the Common Property until such time as both Members agree that the
Association shall be obligated to". She was insistent that the UA was never told to do so.
-"we don't foresee any reserve dollars coming from the UA this year"
-The Quarry CDD,per the TQ Documents,has contracted with the TQ HOA for maintenance of the storm water
management system(SWMS)within The Quarry boundaries
-Jack May overview: (note,member of the UA and a HB representative)
-the UA is currently sitting on reserves of$262,000 which includes all monies due to it through the 2016
assessments
-actual expenditures for 2015 were only$11,477;"we are not spending much at all"
->he proposed immediately sending some reserve funds back to the respective CDD's for their use;this was not
discussed any further while I was present
Ed Hubbard(Chairman)recommendation going forward:
-Based on the following sections of the Umbrella Association,Inc Declaration, I recommend that we respond to the UA as
follows:
-assuming the UA declines our request to perform ongoing maintenance of the two recreational lakes,we
acknowledge responsibility for these and complete the contracts with Lake and Wetlands Management
-we work with The Quarry CDD to see if any opportunities exist to work together and share costs for these two
lakes;i.e.30B maintenance performed byTQCDD
-we establish ongoing meetings with TQ CDD to identify best practices,define issues,collaborate on contracts
(LWM,etc?)and perhaps collaborate on engineering services(CPH?)
-we agree to provide annual reporting to the UA to show them that we are in fact performing all functions to
ensure that the entire SWMS is functioning as designed;we can discuss what reports are appropriate but certainly
the control structure report which we have already shared with the UA is appropriate and easy to maintain. This is
consistent with their stated desire"to facilitate good management practices"
-we inform the UA that we will continue with our complete control over our entire SWMS and we DO NOT support
the UA having any oversight over our established and accepted responsibilities
-we request return of all of the reserves collected from Heritage Bay homeowners and we,as a CDD,establish a
reserve account for emergency and unforeseen repairs vs.having the UA hold monies for emergency repairs;this
amount would not be available for routine SWMS maintenance by our CDD
-we request that the UA reassess their annual assessments and reduce the annual assessments to Heritage Bay
homeowners
-we agree to ongoing dialog with the UA to ensure that we,along with The Quarry CDD,are performing all required
functions to protect the properties of both communities
-we further agree,through periodic meetings with the UA,that the UA is not to provide services to The Quarry
which in our judgement falls outside of the scope of the Umbrella Association Declaration. Any agreements to
provide this kind of work or support must be agreed to by the three parties
Talking Points:
• Umbrella Association, Inc. Declaration Documents supporting our position:
-Section 4.1 Costs: permits the UA"to enter into a agreement with Chapter 190 Community Development District
(CDD)to maintain the property of common areas " This point was made in my email to Jack Osborn as well as
raised in our meeting with little or no interest in considering this as a viable way to support our request
-Section 3.1 Easements: as stated previously,the UA is making their decision to not support our request based on
the fact"such responsibility was never in fact assigned to the UA by the respective HOA's as required under the
terms of the UA Declaration". Having taken this position,how then can the UA decide when it is time to make this
call and then ask us to work with them in keeping track of the work we perform. It can't go both ways it seems to
me.
-Section 1.5 Common Expenses:this section states"common expenses shall specifically include but not be limited to costs and
expenses of maintenance,repair and operation of any portions of the SWMS IF(emphasis added)the same is to be maintained
by the Association". It goes on to state that"common expenses also permits including any reasonable reserves". If there is no
agreement to perform work on our behalf and the language is clear in stating"if the same is to be maintained by the
Association",then for what reason is there a requirement to maintain a reserve on behalf of the two CDD's?
-Section 3.2 Use Restrictions-Common Property: "Each Community Association shall then maintain its portion of the Common
Property until both determine to have the Association perform that function. Thereafter,the costs of maintenance and repair
of the Common Property shall thereafter be the responsibility of the Association." This is highly unlikely to occur and by the
Memorandum of Understanding between our CDD and the Heritage Bay Community Association,dated 9/7/15,we have
reached a amicable agreement on how to jointly share in this maintenance. We do not need the UA to oversee our activities.
-Section 4.4 Surface Water Management System(SWMS)and Conservation Area: "The Association shall be responsible for
maintenance of portions of the SWMS described in Exhibit D including but not limited to ditches,canals,lakes and water
retention ponds on the Common Property,which is permitted by the South Florida Water Management District(District)
pursuant to Permit#11-02234-P.............All SWMS within the Property which are accepted by or constructed by the Association
or Declarant,excluding ,will be the ultimate responsibility of the Association.. . " First of all,from a technical
perspective,this responsibility was not assigned to the UA by the Declarant. Secondly,the permit It 11-02234-P10 is in the
process of being transferred to the Heritage Bay CDD. Again,we do not require the services of the UA to oversee the
responsibilities we have accepted and we do not need the UA to maintain a reserve in the event of a"major repair scenario"as
described by the UA members at this meeting.
• Environmental Recourse Permit-Section 62-330-310 Operation and Maintenance
-"if a separate entity**is to operate and maintain the project,the entity must be provided with sufficient ownership,legal,or
equitable interest so that(emphasis added)it has control over all water management system components authorized by the
permit. Any operation and maintenance entity must have the financial,legal,and administrative capability to perform
operation and maintenance". We have and will continue to accept these responsibilities.
**I interpret this to mean the CDD,as a separate entity,vs.the Developer
4",
Lake &Wetland
MANAGEMENT
SPECIAL SERVICE AGREEMENT
This Agreement is made between Lake and Wetland Management, Inc., and:
February 8, 2015
Heritage Bay Community Development District
c/o Severn Trent Services 3ustin.faircloth@stservice.com
210 North University Drive, Suite #702 (239) 245-7118 Office
Coral Springs, Florida 33071 (239) 245-7120 Fax
Both Heritage Bay and Lake and Wetland Management agree to these
terms and conditions for Special Service Agreement:
Description of Service Amount
LWM will manually cut and remove all Palms and Thalia $2,600.00
from all lakes. All debris will be hauled off site.
Conditions:
1. Ownership of property is implied by CUSTOMER with acceptance of this
Agreement. In the event that CUSTOMER does not expressly own the areas where
the above stated services are to be provided, CUSTOMER represents that express
permission of the owner is given and that authorization to commence the above
mentioned services is allowed. In the event of dispute of ownership, CUSTOMER
agrees to hold harmless LWM for the consequences of such services.
2. LWM shall not be responsible for acts beyond its reasonable control, including
adverse soil and / or water conditions, adverse weather conditions, unavailable
materials, Acts of God, war, acts of vandalism, theft or third party actions.
CUSTOMER further states that neither party shall be responsible in damages or
penalties for any failure or delay in performance of any of its obligations caused by
above named incidences.
3. Invoices submitted for work completed shall be paid within 30 days of receipt. A
finance charge of 1.500% per month or an annual percentage rate of 18.000% will
be computed on all past due balances.
4. Any incidental activity not explicitly mentioned in this proposal is excluded from
the scope of work.
Lake and Wetland Management,Inc.
(239)313-6947 Office • (239)313.6950 fax • offiicealakeandwetland.com •www.lakeandwetland.com
III
Special Service Agreement _ Page 2
5. This proposal shall be valid for 30 days. Either party may cancel this contract with
30-day written notice. This Agreement automatically renews upon anniversary of
execution date, unless notice is given by either party with at least 30 days written
notice.
6. If LWM is required to enroll in any third-party compliance programs, invoicing or
payment plans that asses fees in order to perform work for CUSTOMER, those
charges will be invoiced back to CUSTOMER as invoiced to LWM.
7. LWM will maintain insurance coverage, which includes but is not limited to;
General Liability Property Damage, Automobile Liability, and Workman's
Compensation at its own expense.
8. No alterations or modifications, oral or written, of the terms contained above shall
be valid unless made in writing, and wholly accepted by authorized representatives
of both LWM and the CUSTOMER.
Customer acceptance -The above
prices, specifications and
conditions are hereby accepted.
Govi crAyre� 3/3/16
a
Gonzalo Ayres Authorized signature Date
Lake and Wetland Management, Inc. Heritage Bay C.D.D.
Lake and Wetland Management,Inc.
(239)313.6947 Office • (239)313-6950 Fax • oifice@lakeandwetland.com • www.lakeandwetland;com
Heritage Bay
Community Development District
Financial Report
January 31,2016
Prepared by
SEVERN
TRENT
SERVICES
Heritage Bay
Community Development District
Table of Contents
FINANCIAL STATEMENTS
Balance Sheet-All Funds Page 1
Statement of Revenues,Expenditures and Changes in Fund Balance
General Fund Pages 2-3
Debt Service Fund Page 4
SUPPORTING SCHEDULES
Trend Report Pages 5-6
Non-Ad Valorem Special Assessments Page 7
Cash and Investment Report Page 8
Bank Reconciliation Page 9
Check Register and Invoices Pages 10-48
Heritage Bay
Community Development District
Financial Statements
(Unaudited)
January 31, 2016
HERITAGE BAY
Community Development District Governmental Funds
Balance Sheet
January 31,2016
SERIES 2014
GENERAL DEBT SERVICE
ACCOUNT DESCRIPTION FUND FUND TOTAL
ASSETS
Cash-Checking Account $ 373,056 $ - $ 373,056
Due From Other Funds - 116,853 116,853
Investments:
Certificates of Deposit-24 Months 51,392 - 51,392
Money Market Account 24,167 - 24,167
Deferred Cost - 13,241 13,241
Reserve Fund - 599,680 599,680
Revenue Fund - 1,182,122 1,182,122
TOTAL ASSETS $ 448,615 $ 1,911,896 $ 2,360,511
LIABILITIES
Accounts Payable $ 4,546 $ - $ 4,546
Due To Other Funds 116,853 - 116,853
TOTAL LIABILITIES 121,399 - 121,399
FUND BALANCES
Restricted for:
Debt Service - 1,911,896 1,911,896
Assigned to:
Operating Reserves 60,124 - 60,124
Reserves-Erosion Control 14,687 - 14,687
Unassigned: 252,405 - 252,405
TOTAL FUND BALANCES $ 327,216 $ 1,911,896 $ 2,239,112
TOTAL LIABILITIES&FUND BALANCES $ 448,615 $ 1,911,896 $ 2,360,511
Report Date:2/19/2016 Page 1
HERITAGE BAY
Community Development District General Fund
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending January 31, 2016
ANNUAL
ADOPTED YTD YTD VARIANCE($) JAN-16
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL
REVENUES
Interest- Investments $ 500 $ 164 $ 24 $ (140) $ 5
Special Assmnts-Tax Collector 250,000 232,500 232,823 323 9,707
Special Assmnts-Wall Project 62,500 62,500 62,086 (414) 2,588
Special Assmnts-Reserves 31,250 31,250 31,043 (207) 1,294
Special Assmnts-Discounts (13,750) (13,061) (12,648) 413 (340)
TOTAL REVENUES 330,500 313,353 313,328 (25) 13,254
EXPENDITURES
Administration
P/R-Board of Supervisors 8,000 3,000 4,000 (1,000) 1,000
FICA Taxes 612 230 306 (76) 77
ProfServ-Engineering 14,000 4,800 1,613 3,187 1,613
ProfSery-Legal Services 5,000 1,667 845 822 -
ProfSery-Mgmt Consulting Sery 39,394 13,131 13,131 - 3,283
ProfServ-Property Appraiser 5,156 5,156 - 5,156 -
ProfSery-Special Assessment 5,150 5,150 5,150 - -
ProfSery-Web Site Maintenance 750 449 215 234 33
Auditing Services 3,600 - - - -
Postage and Freight 1,300 433 458 (25) 123
Insurance-General Liability 13,000 13,000 14,348 (1,348) -
Printing and Binding 1,000 333 534 (201) 160
Legal Advertising 1,200 400 1,310 (910) 281
Misc-Bank Charges 750 248 83 165 -
Misc-Assessmnt Collection Cost 6,876 6,526 6,266 260 265
Office Supplies 550 183 33 150 33
Annual District Filing Fee 175 175 175 - -
Total Administration 106,513 54,881 48,467 6,414 6,868
Field
ProfSery-Field Management 12,360 4,120 4,120 - 1,030
R&M-Contingency 2,000 667 - 667 -
Wall Improvements 218,500 72,830 8,133 64,697 -
Total Field 232,860 77,617 12,253 65,364 1,030
Report Date:2/19/2016 Page 2
HERITAGE BAY
Community Development District General Fund
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending January 31, 2016
ANNUAL
ADOPTED YTD YTD VARIANCE($) JAN-16
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL
Lakes and Ponds
Contracts-Lake and Wetland 60,744 20,248 20,248 - 5,062
R&M-Aquascaping 5,000 1,667 - 1,667 -
R&M-Lake Erosion 35,000 11,667 369 11,298 -
R&M-Contingency 5,000 1,667 - 1,667 -
lmpr-Miscellaneous 2,000 667 - 667 -
Reserve-Lakes 31,250 31,250 - 31,250 -
Total Lakes and Ponds 138,994 67,166 20,617 46,549 5,062
Debt Service
Operating Loan Repayment 33,333 - - - -
Interest Expense-Note 6,670 - 45 (45) 12
Cost of Issuance - - 3,538 (3,538) -
Total Debt Service 40,003 - 3,583 (3,583) 12
TOTAL EXPENDITURES 518,370 199,664 84,920 114,744 12,972
Excess(deficiency)of revenues
Over(under)expenditures (187,870) 113,689 228,408 114,719 282
OTHER FINANCING SOURCES(USES)
Loan/Note Proceeds - - 3,538 3,538 -
Contribution to(Use of)Fund Balance (187,870) - - - -
TOTAL FINANCING SOURCES(USES) (187,870) - 3,538 3,538 -
Net change in fund balance $ (187,870) $ 113,689 $ 231,946 $ 118,257 $ 282
FUND BALANCE,BEGINNING(OCT 1,2015) 95,270 95,270 95,270
FUND BALANCE,ENDING $ (92,600) $ 208,959 $ 327,216
Report Date:2/19/2016 Page 3
HERITAGE BAY
Community Development District Series 2014 Debt Service Fund
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending January 31, 2016
ANNUAL
ADOPTED YTD YTD VARIANCE($) JAN-16
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL
REVENUES
Interest-Investments $ - $ - $ 19 $ 19 $ 5
Special Assmnts-Tax Collector 1,308,564 1,225,000 1,226,201 1,201 51,122
Special Assmnts-Discounts (52,343) (49,000) (47,579) 1,421 (1,278)
TOTAL REVENUES 1,256,221 1,176,000 1,178,641 2,641 49,849
EXPENDITURES
Administration
ProfServ-Arbitrage Rebate 600 - - - -
ProfServ-Property Appraiser 19,628 - - - -
Prof Serv-Trustee Fees 6,815 - - - -
Misc-Assessmnt Collection Cost 26,171 24,500 23,572 928 997
Total Administration 53,214 24,500 23,572 928 997
Debt Service
Principal Debt Retirement 545,000 - - - -
Interest Expense 654,360 327,180 327,180 - -
Total Debt Service 1,199,360 327,180 327,180 - -
TOTAL EXPENDITURES 1,252,574 351,680 350,752 928 997
Excess(deficiency)of revenues
Over(under)expenditures 3,647 824,320 827,889 3,569 48,852
OTHER FINANCING SOURCES(USES)
Contribution to(Use of) Fund Balance 3,647 - - - -
TOTAL FINANCING SOURCES(USES) 3,647 - - - -
Net change in fund balance $ 3,647 $ 824,320 $ 827,889 $ 3,569 $ 48,852
FUND BALANCE,BEGINNING(OCT 1,2015) 1,084,007 1,084,007 1,084,007
FUND BALANCE,ENDING $1,087,654 $ 1,908,327 $ 1,911,896
Report Date:2/19/2016 Page 4
Heritage Bay
Community Development District
Supporting Schedules
January 31, 2016
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Heritage Bay
Community Development District
Non-Ad Valorem Special Assessments-Collier County Tax Collector
(Monthly Collection Distributions)
For the Fiscal Year Ending September 30,2016
ALLOCATION BY FUND
Discount/ Gross Debt
Date Net Amount (Penalties) Collection Amount Tax Wall Reserve Service
Received Received Amount Costs Received Collector Project Assmnts Fund
Assessments Levied $ 1,652,314 $ 250,000 $ 62,500 $ 31,250 $ 1,308,564
Allocation% 100% 15% 4% 2% 79%
10/27/15 $ 16,299 $ 928 $ 333 $ 17,560 $ 2,634 $ 702 $ 351 $ 13,872
11/16/15 238,010 10,120 4,857 252,987 37,948 10,119 5,060 199,860
11/30/15 661,971 28,089 13,510 703,570 105,536 28,143 14,071 555,820
12/14/15 397,892 16,684 8,120 422,696 63,404 16,908 8,454 333,930
12/31/15 86,083 2,788 1,757 90,628 13,594 3,625 1,813 71,596
01/29/16 61,832 1,618 1,262 64,712 9,707 2,588 1,294 51,122
TOTAL $ 1,462,088 $ 60,227 $ 29,839 $ 1,552,153 $ 232,823 $ 62,086 $ 31,043 $ 1.226,201
%COLLECTED 94% 93% 99% 99% 94%
TOTAL OUTSTANDING $ 100,161 $ 17,177 $ 414 $ 207 $ 82,363
Report Date:2/19/2016 Prepared by: Page 7
Severn Trent Management Services
Heritage Bay
Community Development District
Cash and Investment Balances
January 31,2016
ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE
GENERAL FUND
Operating Checking CNL N/A 0.00% $ 373,056 (2)
Certificate of Deposit-24 Months(#9194) BankUnited 02/13/16 0.52% 51,392
Money Market Account Stonegate Bank N/A 0.25% 24,167
Subtotal General Fund 448,615
DEBT SERVICE FUND
Series 2014 Deferred Cost Fund US Bank N/A 0.05% 13,241
Series 2014 Reserve Fund US Bank N/A 0.05% 599,680
Series 2014 Revenue Fund US Bank N/A 0.05% 1,182,122
Subtotal Debt Service 1,795,043 (1)
Total $ 2,243,658
Note 1 Invested in First American Obligation Fund
Note 2 $116,852.91 transferred to US Bank Revenue Fund 2/19/16
Report Date:2/19/2016 Prepared By:
Page 8
Severn Trent Management Services
Heritage Bay CDD
Bank Reconciliation
Bank Account No. 9727 CNL Bank-GF
Statement No. 01-16
Statement Date 1/31/2016
G/L Balance(LCY) 373,055.50 Statement Balance 375,248.51
G/L Balance 373,055.50 Outstanding Deposits 0.00
Positive Adjustments 0.00 ------- -- -
Subtotal 375,248.51
Subtotal 373,055.50 Outstanding Checks 2,193.01
Negative Adjustments 0,00 Differences 0.00
Ending GIL Balance 373,055.50 Ending Balance 373,05550
Difference 0.00
Posting Document Document Cleared
Date Type No. Description Amount Amount Difference
Outstanding Checks
1/7/2016 Payment 3031 EDWIN B.HUBBARD 184.70 0.00 184.70
1/28/2016 Payment 3037 CPH,INC 1,612.50 0.00 1,612.50
1/28/2016 Payment 3038 FEDEX 114.85 0.00 114.85
1/28/2016 Payment 3039 NAPLES DAILY NEWS 280.96 000 280.96
Total Outstanding Checks 2,193.01 2,193.01
•
Page 9
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Heritage Bay CDD Budget Schedule
FY 2016-2017
•
Key dates to work around
1. No later than June 15, 2010 the budget has to be presented by the District
Manager.
2. The budget has to be tentatively approved by that date and a public hearing set at
least 60 days in advance.
3. The budget legally has to be adopted prior to October 1 but assessments have to
be set and sent to the County by September 15th so they can be included on the
roll.
Suggested schedule;
We are proposing May 5th and August 4th as key dates for the budget but these can he
changed based upon the BOS direction.The only restrictions are identified above.
May 5th-First draft of budget from Manager presented to Board including financials as
of 3/31/2016,projected expenses and revenue for remainder of the fiscal year and
suggested budget for FY2016-2017.This meeting is for the presentation of the proposed
budget and if approved then the maximum assessment rate can NOT be increased and the
final rate is adopted during presentation to the Community at the August 4th Public
Hearing.The rates can be lowered but not increased because if the assessments are to be
increased, even as a precaution, a mailed notice must go out to all home owners.
June- If the Board wanted to delay approving a tentative Budget,you can have it in June
or late May but no later than June 2nd.
July- If needed, continue fine tuning the budget but the maximum assessment will have
been set.
August 4th-An August 4th Public Hearing is being proposed for adoption of the budget.
If needed,the adoption can be delayed,but no later than September 15th.
Qualifying to Run for Office
Elections for Supervisor Seats 1, 2,and 3 of the Heritage Bay CDD Board will be held in November
2016. Interested candidates must be a qualified elector of the District. A qualified elector is any
person at least 18 years of age who is a citizen of the United States, a legal resident of the State
of Florida and of Heritage Bay, and who is registered to vote with the Collier County Supervisor
of Elections. Below is further information for those interested in running.
2016 Qualifying Dates
Noon,June 20, 2016—Noon,June 24, 2016
What happens when you go to the Supervisor of Elections office to qualify?You will file a loyalty
oath, a financial disclosure Form 1 and either pay the $25 qualifying fee or file a certification for
25 signatures.
Qualifying Fees
$25.00(Unless qualifying by petition)
Qualifying by Petition
In order to qualify by petition and thereby have the qualifying fee waived, a person needs to
gather the signatures of 25 qualified voters residing within Heritage Bay CDD. The Division of
Elections has prescribed the format of the petition.
The deadline to submit petitions to the Supervisor of Elections is Noon, May 23, 2016.
(Candidates must still qualify during the candidate qualifying period.) Please note that petitions
may be submitted prior to the deadline.
There is a verification fee of$.10 per signature to ensure the signers are valid residents within
the CDD. Cash is accepted. The Supervisor of Elections recommends bringing your petitions in
person.
If you want to campaign, you are permitted to do so as long as you do not expend any funds. If
you are going to expend money for signage, business cards, etc., even if it is your own money,
you must open a campaign account and will need to file the required forms.You will also need to
appoint a campaign treasurer and designate a campaign depository. If campaigning, signatures
may not be obtained until the candidate has filed his or her appointment of campaign treasurer
and designation of campaign depository.
Contact the Supervisor of Elections for more specific information on qualifying by petition.
Qualifying Officers
The Qualifying Officer for Special District Offices is the Supervisor of Elections.
Collier County Supervisor of Elections
Jennifer J. Edwards
239-252-8683
supervisorofelections@colliergov.net
colliervotes.com
RESOLUTION 2016-3
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT
CONFIRMING THE DISTRICT'S USE OF THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS TO CONTINUE CONDUCTING THE
DISTRICT'S ELECTION OF SUPERVISORS IN CONJUNCTION WITH
THE GENERAL ELECTION
WHEREAS, the Heritage Bay Community Development District (hereinafter the
"District")is a local unit of special-purpose government created and existing pursuant to Chapter
190, Florida Statutes,being situated entirely within Collier County,Florida;and
WHEREAS, the Board of Supervisors of Heritage Bay Community Development District
(hereinafter the"Board")seeks to implement section 190.006(3)(A)(2)(c),Florida Statutes and to
instruct the Collier County Supervisor of Elections (the "Supervisor") to conduct the District's
General Elections.
WHEREAS, the Supervisor has requested the District adopt a resolution confirming the
District's use of the Supervisor for the purpose of conducting the District's future supervisor
elections in conjunction with the General Election; and
WHEREAS, the District desires to continue to use the Supervisor for the purpose of
conducting the District's supervisor elections in conjunction with the General Election.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT:
Section 1. The Board is currently made up of the following individuals: Edward
Hubbard,Ronald Grant,Dennis Gagne,Richard Brodeur and John May.
Section 2. The term of office for each member of the Board is as follows:
Supervisor Hubbard Seat 1 Expires 2016
Supervisor Grant Seat 2 Expires 2016
Supervisor Brodeur Seat 3 Expires 2016
Supervisor Gagne Seat 4 Expires 2018
Supervisor May Seat 5 Expires 2018
Section 3. Seat 1, currently held by Edward Hubbard; Seat 2 currently held by Ronald
Grant; and Seat 3, currently held by Richard Brodeur are scheduled for the General Election in
November 2016.
Section 4. Pursuant to section 190.006(8),Florida Statutes, members of the Board shall
be entitled to receive for his or her services an amount not to exceed $200 per meeting of the
Board,not to exceed$4,800 per year per member.
Section 5. The term of office for the individuals to be elected to the Board in the
November 2016 General Election is four years.
Section 6. The new Board members shall assume office on the second Tuesday
following their election.
Section 7. The District hereby instructs the Supervisor to continue conducting the
District's elections in conjunction with the General Election. The District understands that it will
be responsible to pay for its proportionate share of the General Election cost and agrees to pay
same within a reasonable time after receipt of an invoice from the Supervisor.
PASSED AND ADOPTED THIS 3rd DAY OF MARCH 2016.
ATTEST: HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT
_(-11°167 ,A
Calvin Teag Edwin Hubbard
Secretary Chairman
Heritage Bay CDD
Severn Trent Services Field Management Report
Site Inspection - 1/21/2016
1. Lake Management:The water is continuing flow throughout the system and the
lake levels do not appear to be dropping at this time.Additional lake
maintenance information is found below, all lake issues are low density unless
otherwise noted.
a. Algae on Lakes: 1,2,&7.
b. Littorals:Some littoral damage was noticed in a few places as a result of
intense treatment. Overall the damage was minor. Lake 10 is pictured in
both photos below. No other issues observed.
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tt ,,
i
c. Rocks:
i. The weeds growing in the rocks around the drain outlet on the
southeast corner of lake 20 need to be sprayed out.
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ii. The rocks on the drain outlet pipe on lake 23 need to be sprayed
out.
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d. Weeds:
i. Alligator Weed •in lakes: 12.
ii. Brazilian Pepper: No issues observed.
iii. Cattails in Lakes: 15(pictured &30A.
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iv. Climbing Hemp Vine in Lakes: 30A.
'4:°,1*0.;146,16;;;'t.:''''f%.';'7:''''''..;-.T .,;,
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2
v. Dollar Weed in Lakes: 19&28(pictured).
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vi. Hydrilla in Lakes: 15.
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vii. Illinois Pond Weed in Lakes:5,6,9,12, 19, 20, 26, 27,30A, &30B.
Lakes 30A&30B are medium density. Lake 6 is pictured below
and a reduction in growth is visible after recent treatments.
Continued treatment in lake 19 is necessary to keep the floating
range balls free from entanglement.
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viii. Red Ludwigia in lakes: 1(pictured), 12,&19. High density on lake
1. Even though this is a natural plant treatment is needed for it
not to overtake in the lake.
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ix. Spatterdock in lakes: No issues observed.
x. Torpedo Grass in Lakes: 6,9, 10, 12, 13, 18, 19,20, 21,23,26, 27,
28,29,&30B(pictured below).
lrfiae
e. Fish/Aquatic Life:Several amored catfish were found dead on the lake
banks.This is not a native animal to Florida. It is possible that one of the
recent cold snaps caused this fish kill. No other affected fish were found.
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f. Trash in Lakes: Minimal trash observed, no need for a clean-up.
g. Bulkheads: No issues observed.
4
h. Clippings in Lakes: No issues observed.
2. Dissolved Oxygen(D.O.)Tests:
Heritage Bay CDD
Water Testing Results-1116
Dissolved Oxygen
(ppm)
Lake 2 4.0
Lake 4 8.0
Lake 5 , 6.0
Lake 6 F 6.0
Lake 8 6.0
Lake 10 8.0
Lake 12 8.0
Lake 14 8.0
Lake 16 , 8.0
Lake 30A► 6.0
3. Lake Bank Erosion: No new issues observed.
a. The Golf Course has added additional material around the cart path drain
off of lake 1 and the bank appears to be stable with the extra material.
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. ..." !P3' '6 ..:.." _..°3?'e�L`4fi+k* r r L � ,r`°�s'�.'rr
b. The erosion on the bank of lake 12 continues to worsen. It appears that
residents have added the additional material in the first picture below to
help stop further erosion.The areas of concern are on the homeowners
side of the lake and repairs are estimated at$2,000.00.
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4. Storm Drainage System:
a. Control Structures:
i. Basin 1:Control Structure L3L10 was flowing.Control Structure
L5L6 was flowing.
ii. Basin 2:Control Structure L12L20 was flowing.
iii. Basin 3:Control Structure L25L30 was not flowing. Control
Structure L27L30 was not flowing.
iv. Basins 4&5:Control Structure L28L30 was flowing.Control
Structure L29L30 was flowing.
v. Basin 6:Control Structure L30000O2 was flowing. Control
Structure L30000O3 was flowing.
Afir"."411611 4rt. ,L,41Priallite:410#444,-11'RisiAlA
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•
b. Drains: No issues observed.
c. Roadway Catch Basins: No issues observed.
d. Catch Basins: No issues observed.
e. Inter-Connect/Drain Pipes: No issues observed.
f. Illicit Discharges: No issues observed.
g. Lake Drainage Pipes:No issues observed.
6
5. Fish/Wildlife Observations:
(�Bass ® Bream Catfish U Gambusia
® Egrets ® Herons n Coots ❑Gallinules
®Anhinga ❑Cormorant ❑Osprey ® Ibis
_ Woodstork ❑Otter ®Alligators Snakes
Ti Turtles —1 Other Species: Tilapia, Buzzard,Armored Catfish
6. Residential Complaints/Concerns:The resident from 10061 Lions Bay Court
reported a water leak.The homeowner was referred back to the HOA as this was
not a CDD issue.
7. Non-CDD Issues Observed:
a. The Brazilian pepper tree growing between the fairways of holes 4&5
north of lake 2 has been removed.
12/16/15 1/21/16
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b. LaMorada has removed the silt fence from around tract U.
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7
8. Follow up items:
Heritage Bay CDD
Follow Up Tasks Summary
Follow Up Task Reported On Assigned Action Completed
Erosion on lakes 1,2,4,5,6,10,12,14,17,19,22,23,24,308 11/25/2014 S
Floating Pipes lakes 2,5,7,8,9,10,11,13,14,17,18,19,24,26 9/25/2014
Repair broken pipe on lake 3 5/27/2015 j Golf Course Water Level Too High
Repair pipe on lake 5 5/27/2015 Golf Course Completed
Remove trash onthebankoflake2 7/15/2015 ( Golf Course I Completed
L _.
Remove silt fence in tract U 7/15/2015 r LaMorada Vendor; Completed
Remove dead trees behind 10111 Biscayne Ln. 11/18/2015 Golf Course
Field Manager Tasks
Inspect video of interconnect recordings 9/25/2014 '; ; Completed
Write letter to The Quarry requesting removal of Brizillian Pepper Quarry Community
10/17/2014 1 In Progress
Trees Associaiton
Golf Course trimmings in the lakes 10/17/2014 Golf Course l Completed
Lake Bank Review i On Going
Littoral Planting Reviews } On Going
Erosion Restoration Site Visit i Completed
Southwest
Contact Southwest Development regarding lake 27 repair 7/15/2015 ' Development In Progress
CDD ContractorTasks
Spray out palm on the west bank of lake 20 9/16/2015 Lake&Wetlands 1 In Progress
Spray out palms on the north bank of lake 19 , 10/21/2015 Lake&Wetlands 1 In Progress
Spray out palms on the north east bank oflake 23 10/21/2015 Lake&Wetlands { In Progress
Treat red ludwigia on lakes 3&12 10/21/2015 Lake&Wetlands '.. Completed
Spray out the palms on the west bank of lake 24 11/18/2015 Lake&Wetlands 1 In Progress
Spray out weeds in the rocks on control structure W2L30 11/18/2015 Lake&Wetlands Completed
Spray out weeds in the rocks around drain outlet pipes on lakes 20&23 1/21/2016 Lake&Wetlands
Treat red ludwigia on lake 1 1/21/2016 .Lake&Wetlands ;
HOA Contractor Tasks i l
Remove trash from the preserve along Lions Bay Ct.&Escambia Bay Ct. 12/16/2015 Buttonwood In Progress
Homeowner Complaints 1 Concerns
8
Heritage Bay CDD
Severn Trent Services Field Management Report
Site Inspection - 2/17/2016
1. Lake Management:The water level is back up to summertime highs and all
basins are flowing at the time of the inspection.Additional lake maintenance
information is found below, all lake issues are low density unless otherwise
noted.
a. Algae on Lakes: 1, 7,28(pictured) &30B. Medium density found on lake
28.This issue has been reported to the vendor for treatment.
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arks a- '!», 1,744.it ri��F'-. '.ai._.o a1
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b. Littorals:The canna planted in the cove of lake 30A is beginning to take
hold and more plants are begging to develop as a result. The other
littorals throughout the community appear to be healthy as well.
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' yds "a i§ -f 1 di Srk3 ,- '
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c. Rocks:The rock areas have been sprayed out as requested. Lake 23 shown
below.
1/12/16 2/17/16
•
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•
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d. Weeds:
i. Alligator Weed in Lakes: No issues observed.
ii. Brazilian Pepper: No issues observed.
iii. Cattails in Lakes: No issues observed.
iv. Climbing Hemp Vine in Lakes: No issues observed.
v. Dollar Weed in Lakes: 20.
rki
1L-.
7 .'�
vi. Hydrilla in Lakes: No issues observed.
vii. Illinois Pond Weed in Lakes: 5, 12, 19,20,27,30A, &30B.
2
viii. Red Ludwigia in lakes: 1(pictured)&4. Lake 1 has been treated
as requested.
1/12/16 2/17/16
' '� `�r�.�'—.�. �a
of
`74 - 4 • 442'
ix. Spatterdock in lakes:No issues observed.
x. Torpedo Grass in Lakes: 10, 14, 17,&20(pictured).
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4
L.' :f. 23" 1
e. Fish/Aquatic Life:On 2/3/16 several fish were cleaned out of the catch
basins that drain to lake 17.This small fish kill was likely due to a cold
snap we had around that time. No other issues were observed.
f. Trash in Lakes: Minimal trash observed, no need for a clean-up.
g. Bulkheads: No issues observed.
h. Clippings in Lakes: No issues observed.
2. Dissolved Oxygen(D.O.)Tests: The next test will be scheduled for May 2016.
3
3. Lake Bank Erosion:
a. The bridge wall repair project is progressing well.The TSI crew was
observed working without turbidity barriers in place on the northeast
quadrant, but after reporting this to the Engineer the crew was observed
putting the barrier in place by the end of the inspection.
e lA� '
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ti
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s FF . .. x.e .. �i $...ems,; ... _.
b. A hole was noticed the northeast corner of lake 30A.This hole could
possibly have been dug by armored catfish o
r a small gator. It
on does not
appear to be runoff between the two condos. Landscapers should use
caution around this area. Estimated costs for repairs are less than
$500.00.
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:
4. Storm Drainage System
a. Control Structures:
i. Basin 1:Control Structure L3L10 was flowing.Control Structure
L5L6 was flowing.
ii. Basin 2:Control Structure L12L20 was flowing.
iii. Basin 3:Control Structure L25L30 was flowing. Control Structure
g.
BasinsL27L30 4&was 5:flowinControl
iv. Structure L28L30 was flowing.Control
Structure L29L30 was flowing.
4
v. Basin 6:Control Structure L30000O2 was flowing. Control
Structure L30000O3 was flowing.
,, ,.----,,,,,., ,,,,,,,,,, 4'4-,,.'--44; ...1,--z r 4 ' , .1, -;.1',' . ,-.' - "'sf'..
b. Drains:No issues observed.
c. Roadway Catch Basins: No issues observed.
1
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SL
s
d. Catch Basins: No issues observed.
e. Inter-Connect/Drain Pipes: No issues observed.
f. Illicit Discharges: No issues observed.
g. Lake Drainage Pipes:No issues observed.
5. Fish/Wildlife Observations:
❑ Bass ® Bream E Catfish E Gambusia
® Egrets ® Herons n Coots ®Gallinules
®Anhinga ❑Cormorant _ Osprey ® Ibis
I I Woodstork n Otter ®Alligators ❑Snakes
®Turtles H Other Species: Tilapia,Armored Catfish,Turkeys
5
6. Residential Complaints/Concerns: Damage was observed to the western berm
that borders the Quarry preserve off of Lions Bay Court.The Board should
consider discussing how the District wants this area maintained. It appears that
residents are placing additional plantings on CDD property that may possibly
increase future maintenance costs.
•
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4
7. Non-CDD Issues Observed:
a. An irrigation line break was observed behind the last condo before the
bridge off of lake 5.This was reported to staff on site for repair.
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8. Follow up items:
Heritage Bay CDD
Follow Up Tasks Summary
Follow Up Task Reported On Assigned Action Completed
Erosion on lakes 1,2,4,5,6,10,12,14,17,19,22,23,24„30A,30B 11/25/2014
Floating Pipes lakes 2,5,7,8,9,10,11,13,14,17,18,19,24,26 9/25/2014
Repair broken pipe on lake 3 5/27/2015 Golf Course Water Level Too High
Repair pipe on lake 5 5/27/2015 Golf Course Completed
Remove trash on the bank of lake 7/15/2015 ; Golf Course Completed
Remove silt fence in tract U 7/15/2015 LaMorada Vendor Completed
Remove dead trees behind 10111 Biscayne Ln. 11/18/2015 Golf Course
Field Manager Tasks
Inspect video of interconnect recordings 9/25/2014 Completed
Write letter to The Quarry requesting removal of Brizillian Pepper Quarry Community
10/17/2014 In Progress
Trees Associaiton
Golf Course trimmings in the lakes 10/17/2014 Golf Course Completed
Lake Bank Review On Going
Littoral Planting Reviews On Going
Erosion Restoration Site Visit Completed
Southwest
Contact Southwest Development regarding lake 27 repair 7/15/2015 In Progress
Development
•
CDD Contractor Tasks
Spray out palm on the west bank of lake 20 9/16/2015 Lake&Wetlands Proposal Obtained
Spray out palms on the north bank of lake 19 10/21/2015 ' Lake&Wetlands Proposal Obtained
Spray out palms on the north east bank of lake 23 10/21/2015 Lake&Wetlands Proposal Obtained
Spray out the palms on the west bank of lake 24 11/18/2015 Lake&Wetlands Proposal Obtained
Spray out weeds in the rocks around drain outlet pipes on lakes 20&23 1/21/2016 Lake&Wetlands Completed
Treat red ludwigla on lake 1 1/21/2016 Lake&Wetlands Completed
Treat algae on lake 28 2/17/2016 Lake&Wetlands In Progress
HOA Contractor Tastes
Remove trash from the preserve along Lions Bay Ct.&EscambiaBay Ct.: 12/16/2015 Buttonwood Completed
Homeowner Complaints f Concerns •
7
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT (CDD)
ASSESSMENT INFORMATION
Q. How are District assessments determined?
A. Each property owner will pay an annual assessment, levied on the annual property tax bills as non-ad valorem
assessments, based on two component costs. One is the capital amount required to amortize the long-term tax-exempt
debt assessed against each lot, parcel or acre for the public facilities acquired or constructed by or on behalf of the
District. The annual assessment amounts vary in relation to the land class of the property, and to the infrastructure
benefit allocated to the property. Currently that amount is $1,494.25-$2,552.25 for single-family units, $1,054.76 for
• Coach homes and$878.97 for 2-story condos, $703.18 for 4-story condos. This capital assessment remains constant until
the bonded debt is retired.
The other is an annual assessment for operations and maintenance (0 & M) of Community properties. The amount is the
same for all properties regardless of type or location within the community. Each year, the CDD Board of Supervisors
advertises for and holds a public hearing to set its budget and the level of assessments.
Currently,the Annual 0 & M assessments for the 2016 fiscal year is $275.00.
Q. How long do residents of Heritage Bay CDD have to pay CDD assessments?
A. Residents are subject to two assessments,a Bond assessment and an Operations and Maintenance (O&M)assessment.
Residents will continue to make O&M assessments, which pay for the ongoing expenses of the Districts, as long as the •
community exists. Regarding the bond assessment, unless the bond is paid off prior to 2029 or unless a resident has paid
off their assessment, residents will pay bond assessments until 2029 when we make our last principal payment in May.
Q. Can I pay off the assessment?
A. Yes, the Debt Portion may be paid off in full by requesting an estoppel letter. which is a legal document outlining
information regarding the current owner's financial standing in regards to the CDD, what is due and what has not been
paid. It also indicates any assessments that are in progress or projected. The preparation of an estoppel letter with a
payoff amount has a charge of$75 per letter. If one is desired, please contact I,uvinia LaCap at the Severn Trent Services
Coral Springs office. She can be reached at(954) 753-5841 extension 40534. Please take in consideration that paying off
the Debt does not eliminate the O&M assessment that will continue to be levied on the property's taxes for as long as the
community exists. Additionally,a payoff transaction cannot be reversed.
Q. How is the assessment collected?
A. Assessments.are collected uniformly by the Collier County Tax Collector as a"non-ad valorem" assessment on your
Collier County Tax bill and are paid directly by the owner or via a mortgage holder escrow, beginning November 1st of
each year. HERITAGE BAY CDD
Comparison of Assessment Rates
Fiscal Year 2016 vs.Fiscal Year 2015
General Fund 001 Debt Service Total Assessments per Unit
Percent Percent Percent Total
FY 2016 FY 2015 Change FY 2016 FY 2015 Change FY 2016 FY 2015 Change Units
Product
Executive $275.00 $200.00 38% $1,494.25 $1,494.25 0% $1,769.25 $1,694.25 4% 139
Classics $275.00 $200.00 38% $2,362.85 $2,362.85 0% $2,637.85 $2,562.85 3% 95
Classics II $275.00 $200.00 38% $2,552.25 $2,552.25 0% $2,827.25 $2,752.25 3% 18
Coach $275.00 $200.00 38% $1,054.76 $1,054.76 0% $1,329.76 $1,254.76 6% 184
2 Story $275.00 $200.00 38% $878.97 $878.97 0% $1,153.97 $1,078.97 7% 364
4 story $275.00 $200.00 38% $703.18 $703.18 0% $978.18 $903.18 8% 450
1250