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Backup Documents 06/14/2016 Item #16I1 1 61 1 MISCELLANEOUS CORRESPONDENCE BOARD OF COUNTY COMMISSIONERS June 14, 2016 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. CLERK OF COURTS: 1) Items to be Authorized by BCC for Payment: B. DISTRICTS: 1) Ave Maria Stewardship Community District: FY16/17 Proposed Budget (October 1, 2016— September 30, 2017) 2) Heritage Bay Community Development District: Meeting Agenda 03/03/2016 Meeting Minutes 03/03/2016 3) Naples Heritage Community Development District: Meeting Agenda 04/05/2016 Meeting Minutes 04/05/2016 C. OTHER: 1b1 181 AVE MARIA STEWARDSHIP COMMUNITY DISTRICT c/o Special District Services, Inc. 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 (561) 630-4922 Fax: (561) 630-4923 May 23, 2016 VIA CERTIFIED MAIL— RETURN RECEIPT REQUESTED Clerk of the Circuit Court Collier County Courthouse 3315 Tamiami Trail East Naples, Florida 34112-5324 Re: Ave Maria Stewardship Community District To Whom It May Concern: Pursuant to Florida law, enclosed please find a copy of the following document relative to the above referenced Stewardship Community District: 1.) Proposed Budget Fiscal Year 2016/2017 (Oct. 1, 2016—Sept. 30, 2017) Should you have any questions or comments, please do not hesitate to contact our office. Sincerely, SPECIAL DISTRICT SERVICES, INC. / jildtu Laura J. Arc er Enclosure IIflELlliflhifl , .10P, _I 5 r i ia. _ 4=7 21,5C.) �� * ems, ( TYBOWES 1 ; �� ,, 4 , i .• �' 02 ,P $ 007.15° 7014 3490 2001 9642 9847 • I Y 00019209 MAY 24 2016 'f MAILED FROM ZIP CODE 33410 1 6-4 - 1B � DoT t __ COLLIER COUNTY �� COLLIER COUNTY COURTHOUSE ' J I 3315 TAMIAMI TRAIL EAST,#102 ,�(�j NAPLES, FL 34112-5324 By 14/f.c 34 i. 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September 30, 2017 161 1BI CONTENTS I PROPOSED II DETAILED PROPOSED BUDGET III DETAILED PROPOSED DEBT SERVICE FUND BUDGET IV DETAILED PROPOSED MAINTENANCE BUDGET V ASSESSMENT BREAKDOWN 4/27/2016 10:17 AM PROPOSED BUDGET 161 1 AVE MARIA STEWARDSHIP COMMUNITY DISTRICT FISCAL YEAR 2016/2017 October 1,2016-September 30,2017 FISCAL YEAR 2016/2017 REVENUES BUDGET O & M ASSESSMENTS 606,059 DEBT ASSESSMENTS 1,576,021 DEVELOPER CONTRIBUTION FOR 0 & M 1,126,777 DEVELOPER CONTRIBUTION FOR DEBT 2,671,702 OTHER REVENUES 0 TOTAL REVENUES $ 5,980,559 EXPENDITURES ADMINISTRATIVE EXPENDITURES PAYROLL TAXES EXPENSE 612 SUPERVISORS FEES 8,000 ENGINEERING 50,000 MANAGEMENT 70,216 SECRETARIAL 4,500 LEGAL 40,000 ASSESSMENT ROLL 15,000 AUDIT FEES 8,200 ARBITRAGE REBATE FEE 1,500 TRAVEL & LODGING 2,000 INSURANCE 11,760 LEGAL ADVERTISING 2,000 MISCELLANEOUS 1,455 POSTAGE 1,750 OFFICE SUPPLIES 3,000 DUES, LICENSE, & SUBSCRIPTIONS 500 MISCELLANEOUS FILINGS, NOTICES, ETC. 1,000 WEBSITE HOSTING FEES 2,500 TRUSTEE FEES 13,000 CONTINUING DISCLOSURE FEE 5,000 METHODOLOGY REPORT 0 TOTAL ADMINISTRATIVE EXPENDITURES $ 241,993 MAINTENANCE EXPENDITURES MAINTENANCE 1,445,389 MAINTENANCE/INSPECTIONS/ADMIN 0 TOTAL MAINTENANCE EXPENDITURES $ 1,445,389 TOTAL EXPENDITURES $ 1,687,382 EXCESS OR(SHORTFALL) $ 4,293,177 PAYMENT TO TRUSTEE $ (4,129,521) BALANCE $ 163,656 COUNTY APPRAISER &TAX COLLECTOR COST (76,373) DISCOUNTS FOR EARLY PAYMENTS (87,283) NET EXCESS I(SHORTFALL) $ - 1 61 lB1 ' DETAILED PROPOSED BUDGET AVE MARIA STEWARDSHIP COMMUNITY DISTRICT FISCAL YEAR 2016/2017 October 1,2016-September 30,2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/2015 2015/2016 2016/2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS O&M ASSESSMENTS 483,662 606,059 606,059 See Detail on Page 5 DEBT ASSESSMENTS 974,989 1,576,021 1,576,021 See Detail on Page 5 DEVELOPER CONTRIBUTION FOR 0&M 1,041,168 1,115,277 1,126,777 DEVELOPER CONTRIBUTION FOR DEBT 3,035,855 2,667,013 2,671,702 OTHER REVENUES 4,135 0 0 BOND PREPAYENTS RECEIVED 0 0 0 BOND PREPAYMENTS SENT TO TRUSTEE 0 0 0 TOTAL REVENUES $ 5,539,808 $ 5,964,370 $ 5,980,559 EXPENDITURES ADMINISTRATIVE EXPENDITURES PAYROLL TAX EXPENSE 474 612 612 No Change From Previous Budget SUPERVISORS FEES 6,200 8,000 8,000 No Change From Previous Budget ENGINEERING 70,458 50,000 50,000 No Change From Previous Budget MANAGEMENT 55,000 70,216 70,216 No Change From Previous Budget SECRETARIAL 2,000 4,500 4,500 No Change From Previous Budget LEGAL 47,295 30,000 40,000 $10,000 Increase From Previous Budget ASSESSMENT ROLL 15,000 15,000 15,000 No Change From Previous Budget AUDIT FEES 7,900 8,200 8,200 No Change From Previous Budget ARBITRAGE REBATE FEE 1,300 1,500 1,500 No Change From Previous Budget TRAVEL&LODGING 1,808 1,000 2,000 $1,000 Increase From Previous Budget INSURANCE 10,453 11,760 11,760 No Change From Previous Budget LEGAL ADVERTISING 3,481 1,500 2,000 $500 Increase From Previous Budget MISCELLANEOUS 1,043 1,455 1,455 No Change From Previous Budget POSTAGE 1,469 1,750 1,750 No Change From Previous Budget OFFICE SUPPLIES 3,443 3,000 3,000 No Change From Previous Budget DUES,LICENSE,&SUBSCRIPTIONS 175 500 500 No Change From Previous Budget MISCELLANEOUS FILINGS,NOTICES,ETC. 0 1,000 1,000 No Change From Previous Budget WEBSITE HOSTING FEES 2,500 2,500 2,500 No Change From Previous Budget TRUSTEE FEES 11,525 13,000 13,000 No Change From Previous Budget CONTINUING DISCLOSURE FEE 5,000 5,000 5,000 No Change From Previous Budget METHODOLOGY REPORT 0 0 0 No Change From Previous Budget TOTAL ADMINISTRATIVE EXPENDITURES $ 246,523 $ 230,493 $ 241,993 MAINTENANCE EXPENDITURES MAINTENANCE 1,338,439 1,445,389 1,445,389 Total Maintenance-See Detail On Page 4 MAINTENANCE/INSPECTIONS/PERMIT 5,224 0 0 TOTAL MAINTENANCE EXPENDITURES $ 1,343,663 $ 1,445,389 $ 1,445,389 TOTAL EXPENDITURES $ 1,590,187 $ 1,675,882 $ 1,687,382 EXCESS OR(SHORTFALL) $ 3,949,622 $ 4,288,488 $ 4,293,177 BOND PAYMENTS (3,959,342) $ (4,124,832) $ (4,129,521) 2016 P&I Payments BALANCE $ (9,720) $ 163,656 $ 163,656 COUNTY APPRAISER&TAX COLLECTOR COST (39,120) (76,373) (76,373) 3.5%Of Total Roll(2%Appraiser,1.5%Collector) DISCOUNTS FOR EARLY PAYMENTS (48,848) (87,283) (87,283) 4%Of Total Tax Roll NET EXCESS/(SHORTFALL) $ (97,688) $ - $ - I I 1 61 1 13 1 DETAILED PROPOSED DEBT SERVICE FUND BUDGET AVE MARIA STEWARDSHIP COMMUNITY DISTRICT FISCAL YEAR 2016/2017 October 1,2016-September 30,2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/2015 2015/2016 2016/2017 REVENUES ACTUALS BUDGET BUDGET COMMENTS Interest Income('06 Bond) 21,470 0 0 DS Reserve Interest is now going to the Deferred Cost Account Interest Income('12 Bond) 27,526 0 0 DS Reserve Interest is now going to the Deferred Cost Account Net NAV Collection 923,488 1,457,819 1,457,819 Per Assessment Breakdown(page 5)less 7.5%for Discounts and Fees Developer Contribution 3,035,855 2,667,013 2,671,702 Prepaid Bond Collection 0 0 0 Total Revenues $ 4,008,338 $ 4,124,832 $ 4,129,521 EXPENDITURES Principal Payments('06 Bond) 530,000 540,000 570,000 2006 Bond Principal Payment Due In 2017 Interest Payments('06 Bond) 1,208,347 1,167,731 1,138,775 2006 Bond Interest Payments Due In 2017 Principal Payments('12 Bond) 355,000 380,000 410,000 2012 Bond Principal Payment Due In 2017 Interest Payments('12 Bond) 1,906,485 1,869,970 1,840,490 2012 Bond Interest Payments Due In 2017 Principal Payments('15 Bond) 0 35,000 40,000 2015 Bond Principal Payment Due In 2017 Interest Payments('15 Bond) 20,690 132,131 130,256 2015 Bond Interest Payments Due In 2017 Total Expenditures $ 4,020,522 $ 4,124,832 $ 4,129,521 Excess/(Shortfall) $ (12,183) $ - $ - Series 2006 Bond Information Original Par Amount= $26,245,000 Annual Principal Payments Due= May 1st Interest Rate= 5.125% Annual Interest Payments Due= May 1st&November 1st Issue Date= December 2006 Maturity Date= May 2038 Series 2012 Bond Information Original Par Amount= $29,100,000 Annual Principal Payments Due= May 1st Interest Rate= 6.700% Annual Interest Payments Due= May 1st&November 1st Issue Date= June 2012 Maturity Date= May 2042 Series 2015 Bond Information Original Par Amount= $2,530,000 Annual Principal Payments Due= May 1st Interest Rate= 5.000%-5.375% Annual Interest Payments Due= May 1st&November 1st Issue Date= March 2015 Maturity Date= May 2045 I I I 1 61 1 6 - DETAILED PROPOSED MAINTENANCE BUDGET AVE MARIA STEWARDSHIP COMMUNITY DISTRICT FISCAL YEAR 2016/2017 October 1,2016 -September 30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/2015 2015/2016 2016/2017 ACTUAL BUDGET BUDGET MAINTENANCE EXPENDITURES ELECTRIC (STREETLIGHTS, LANDSCAPE) 77,851 90,000 90,000 STREET SWEEPING 0 5,000 5,000 STRIPING &TRAFFIC MARKINGS 0 24,000 10,000 STREET LIGHT MAINTENANCE 58,208 40,000 40,000 SIDEWALK/CURB REPAIRS 21,531 12,000 29,500 HIGH TECH CROSSWALKS 52,605 0 0 LANDSCAPE MAINTENANCE (ROADWAY, ENTRIES): MAINTENANCE CONTRACTS 449,334 470,000 470,000 TREE TRIMMING 0 40,389 40,639 STORM CLEANUP 6,741 40,000 25,000 PLANT REPLACEMENT 29,727 30,000 30,000 MULCH & MISCELLANEOUS 65,301 60,000 80,000 MISC. UTILITIES 0 5,000 5,000 ELECTRICITY 0 0 0 IRRIGATION WATER 70,682 80,000 80,000 IRRIGATION REPAIR 35,156 30,000 30,000 ENTRY FEATURE WATER 2,738 0 0 FOUNTAIN MAINTENANCE 56,833 10,000 10,000 RODENT/ PEST CONTROL 370 4,000 2,000 EQUIPMENT REPAIR 513 1,000 1,000 SIGNAGE REPAIR 3,617 8,000 8,000 WATER MANAGEMENT & DRAINAGE 3,341 3,000 3,000 STORM DRAIN CLEANING 0 4,250 4,250 DRAINAGE / LAKE MAINTENANCE/ LITTORALS 65,024 75,000 70,000 AERATORS 8,970 6,000 9,000 AQUATIC REPLACEMENTS 0 5,000 3,000 PRESERVE MAINTENANCE 28,927 80,000 40,000 TAXES & LICENSES 1,000 0 0 INSURANCE 0 0 0 SMALL TOOLS 0 3,000 2,000 MISCELLANEOUS MAINT. 317 0 0 MISC. REPAIRS 4,312 5,000 5,000 VEHICLE LEASE / FUEL/ REPAIRS (MAINT TECH) 9,841 5,000 10,000 MOSQUITO CONTROL 98,325 80,000 110,000 FISH STOCKING 0 5,000 5,000 TEMP FIRE FACILITY OPERATING COSTS 56,956 65,000 65,000 ADMINISTRATIVE SUPPLIES 0 500 500 OFFICE LEASE 0 0 0 OFFICE UTILITIES 0 0 0 MAINTENANCE TECHNICIANS 68,883 65,000 70,000 BASE MANAGEMENT FEE 16,177 24,000 20,000 ADMIN PAYROLL 24,264 27,750 30,000 TOTAL MAINTENANCE EXPENDITURES $ 1,317,543 $ 1,402,889 $ 1,402,889 RESERVE FUND 20,896 27,500 27,500 CONTINGENCY FUND 0 15,000 15,000 TOTAL $ 1,338,439 $ 1,445,389 $ 1,445,389 Iv . 8718 ` \ 161 I a k ) : ; : : /\/ ` - � „ - ta , „ . , . - 0 ar !!a . 10 1.0 || _ w w 1.-4- . . \ . „ _ \ Ir, f., to .., U III - - - k k�4 , . \ \ \ . _ \ \C 7169 \ \ .91. 49 2 to - - - - \ / " Lil„ ; 4 , . . . _ O0 . •R I:2 a ! � „ co /7 « 3 � �` / k ( {§ § a7� - f 0g . . , , . . _ . c.) 1- [ 42 Cr f § " 7 ,! it ' § 2 � i NNNON- 0- » : ® � © Q o #|! E a 0 \ /■_ = _ . , , . . 0 _ � . , _ , - _ . > § m E. , 7 { ] g § , , , � , , , „ , - , E ;� § « „ §to49ta , , . . . . � . , , - _ co§COea ;$ y(■ « ; : : � . � - - { f& : : : : a � � , , ,] / ° | , | ; 1\ „ ® ° © , 71{71 !! /{f I? \}/ 2;� aj !kk G \ # FIil.i\ - $ §{ 0 : ) { \§§ \kk ~ ® . , ` ° ° © ° / , ~ \ fk < (f\ ){>- 2 ; : !£! -00 \ \ E ; ) W § \ � q ; @ ■ 4 ! - 0 i2 : \ k \ ° \ f xEt,s � 3 \ / �/ - _ kk ) } / \ \ - ( ! $ § 1 ) 7 / § ] j2 \}� - - ! / } + ® e / aleee < ƒ § ) / ) 1 - # $ w ( / . . . 1 61 1B1 PROPOSED AVE MARIA UTILITY BUDGET AVE MARIA STEWARDSHIP COMMUNITY DISTRICT FISCAL YEAR 2016/2017 October 1, 2016 -September 30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/2015 2015/2016 2016/2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS AMUC Income 393,116 354,000 400,000 Approximately 3/4 of Expenditures Developer Contribution 65,000 90,000 134,000 Approximately 1/4 of Expenditures Total Revenues $ 458,116 $ 444,000 $ 534,000 EXPENDITURES OMI Operating Fee 281,245 282,000 360,000 Estimate of$30,000 per Month AMUC Bulk Water Charge 163,728 162,000 174,000 Estimate of$14,500 per Month Total Expenditures $ 444,973 $ 444,000 $ 534,000 Excess/(Shortfall) $ 13,143 $ - $ - I 41252016 4:34 PM 16 ^ ' CC i 5] � Heritage Bay Community Development Distric ') Vic(,0 Board of Supervisors By____5V2 Edwin Hubbard,Chairman Calvin Teague, i istnc "• : 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 1 6i 182 Subject: FW:Heritage Bay-Stormwater System Analysis Proposal Attachments: Heritage Bay Stormwater System Analysis Proposal.doc.pdf From:Lockhart,Joshua(P.E.)[mailto:ilockhart@cphcorp.com] Sent:Thursday,January 21,2016 11:16 AM To:Teague,Calvin<Cal.Teague@STServices.com>;Faircloth,Justin<Justin.Faircloth@stservices.com> Cc:jsatfield@ycohcorp.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 1 61 1B 2 AGREEMENT FOR PROFESSIONAL SERVICES 43 ODBETWEEN 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 ➢ Review SFWMD drainage maps and any maps or topo survey that the CDD 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 CPH, Inc.—FL Page 1 of 6 Rev 6/2013 1 61 1B2 _ Phase 1C • 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 Pace 2 of 6 Rev 6/2013 1 61 1B2 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 $38,900.00 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 . L tf hart, P.E. Vice Preside t Date: //2-1 CPH, Inc.—FL Page 3 of 6 Rev 6/2013 1 61 18.E 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 16I 1B � EXHIBIT A Standard Provisions to Agreement Agreement between Heritage Rev 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 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 industry; Exhibit A Page 1 of S CPI-I,Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer 1 61 1 B2 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 8/2013 Owner/Client Initials CPI-4 is an Equal Opportunity/Affirmative Action Employer 1 61 1 82 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 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 612013 Owner/Client Initials CPH i,an Equal Opportunity/Affirmative Action Employer 161 1P2 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 161 1B2 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 161 1B2 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 $13$ Design Technician $95 Traffic Engineer $115 Sr.CADD Technician $85 Traffic Analyst $106 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 Ii $60 Environmental Scientist $95 Clerical I $40 GIS Analyst $105 Network Admin.0) $80 Arborist $125 Sr.Construction Manager $120 Construction Manager 5105 Principal Planner $160 Construction Field Representative II $1011 Sr.Planner $130 Construction Field Personnel I $80 Planner $100 Principal Surveyor 5160 Sr.Professional Surveyor $130 Principal Architect $180 Professional Surveyor and Mapper 1125 Sr.Architect $140 Field Technician/Designer $105 Senior Architectural Manager $130 Surveyor in Training $100 Architect $125 Survey Project Manager/CADD 1100 Field Crew Coordinator $95 Senior Architectural Designer $120 Survey Party Chief $75 Architectural Designer $105 Survey Instrument Man $85 Architectural Coordinator $85 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) $160 8Survey Crew(3 Man) 5155 Structural Engineer $113 GPS(1 Man)I Robotics $130 GPS(2 Man) $185 Principal MEP Engineer 5160 1 Man Scanner/Laser Survey Crew $265 MEP Project Engineer 9115 2 Man Scanner/Laser Survey Crow $290 MEP Project Designer s110 MEP Design Technician $95 Schedule of Reimbursable Charges Copies(B/W) Plots(B&W) Mileage At Current IRS 8.5 a 71 $0.05 Each 11 X 17 $0.27 Each RatesPhone At Cost 8.5 x 14 $0.10 Each 12 X 18 $0.24 Each 11 x 17 $0.20 Each 15 X 21 $0.35 Each Postage At Cost Outside Reimbursables At Cost 34 X 22 $0.83 Each Copies(Color) 24 X 38 $0.98 Each 8.5 x 11 $0.25 Each 30 X 42 $1.42 Each 8.5 x 14 $0.30 Each 38 X 48 $1.92 Each 11 x 17 $0.35 Each Billing and Reimbursable Rates Are Subject To Periodic Review and Adjustment. Mylara 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 @plh 1 61 182 t442) 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: image005jpg;ATT00001.htm; image001 jpg;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.Weare=back-to needing an a'greernentwithn_the Quark as,prgviously,thought:I will 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: (239)245-7118 ext.306 C: (239)785-0675 F: (239)245-7120 E:j;rst;in.tairclo h(7,_>t:ervi es.cc m;r Begin forwarded message: From:"Krumlauf,Jennifer"<krur,uae. ,,rif ? lv> Date:March 2,2016 at 5:24:33 PM EST To•"Justin Faircloth(j'!s in.fau a hi ,,fir)"< 'i-;ti , ircloth gis r n s.coiri> Subject:FW:Heritage Bay CDD(11-0224-P-10)Operation Transfer Hello Justin, As we discussed, I've attached♦igtiligtat deex , rpts-fiorn,the permit files,.trr}det Applications 060928-16, 07080B-29,611d'ItTA big-2/41 hat corrtrtbtrtedto rx r cotcljsionrybelo± . I've also left the documents you previously forwarded for my review so they're all available in one place. i egardith)';`VOI145afidN 10"101.f 7,this did•nottauthorite any.changes to,or reference,.Lake,303 in anyway.„3 PermitsrareItti tonveyetfwihen property is-conveyed; permits.must-be-transferred through a permitting Faction.The ofore=,.the westerrzliortion-ef Lake-3t t atiswitiiin.The Quarry's boundary has not beensplit from t. thll'eastern'portiisn'`of take 30B, thatis within Heritage Bay's boundary as permitted under Applications 0609281:6 and:070806 9. The`permlt"modification under 060928-16 was issued to-both Centex and%ten.nar.as co-permittees because staff determined during the application's review lb at the,:applicationboundaryencompassed property withip boY`lltie Quarry and'HeritageBay. Thank you, 1 1 61 1 b2 Je-ruWer Kra,i,r2laocic Regulatory Specialist Supervisor South Florida Water Management District 3301 Gun Club Road,MSC 9611 West Palm Beach,FL 33406 Phone:(561)682-2712 2 161 182 #76 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°SPWMD'does notalready understand this.information. I tried to.explain that the area they had-highlighted was-over both"orthe properties and 1 asked if the application could be split between the two just like the ERP, but.l-was told.no.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. Froms Kristina J9hnson [mailto:KJohnson@jreeng.comj. 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 1 6 1 1 2 ! � � ��/��G��o|k]'�_ ~ ~ `^ `- �� ` - '' '--' ,. February 25,2016 ]usdn [uirdoth Severn Trent-North America 5911 Country Lakes Drive Fort Myers,FL 33905 SuNeot: Heritage Bay SFWMD Applications#060928-16 and#070806-9 Dear Mr.Foirc|uth: As the district engineer for the Quarry COO, J.R. Evans Engineering P.A. OK[} was made aware of the Heritage"Bay CDD's~attempt to,transfer Lake,3;i4, construction phase to theoperation and maintenance phase through the 3FVVMD 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.Ituwpeo,ythmtthe SPVVyN[xbe||eves that the referenced applicationsare on both-the Heritage Bayand Quarry properties and furthermore the SFWMD is requesting that Heritage Bay and the Quarry ate the co-operating entities for these applications'.� In order to address this issue]RU'resemrctredhcatinedthat a split,wm§ made between the Heritage Ray property and the.Qva"nproperty°forthe,SFWMBpermits.As-evidenna* of-this split please reference the enclosed"Location Mar'submitted under application#O6O9Z8-1Gthat highlights the boundary line 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 COD under application#101018-7 as evidenced by the enclosed deed Based on the findings it is our professional opinion that applications#060928-16 and#87O8Oh-9are nn' the Heritage Bay property only.The portion of Lake 30B that is located on the Quarry property is already-: operated and maintained by the Quarry CDD as shown in SFWMD application#101018-7. 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 CDD from application#101018-7 Sincerely, Kristina Johnson,P.E. Senior Project Manager J.R. EVANS ENGINEERING 9351 CORKSCREW ROAD,STE 102,cSTEno. pL33928,239.405.9148w/,239.288 2537m WwwJnsv^waswe/wssmwo.coM 1 61 1 82 • IIIIMINUMPEIMIIIMININIMIIIMMINIIIITh 11 L- P �. .• T.,4111,f----"r.F.;- _, <01•6 ' • f"i.t i CIO Ille, V. III I. - s unr r II- 1 G r (..., ? 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I+ • l u � N > "i g ""'Sd Boundary Line 1-- s. ii 331 TE, . \ 0110 . c P7hRCE_¢ ., Aa a ______ \ 1 fiNi 17 II 11111 ' nano --41 ‘ Ac - �r==,� . g ' ' . .umw.,„.„ „,„,,, ::......= \ , ani,: ,' . ) iiii� ,- �� _.....„._ _ „,„„„„,.....„...„„„,„,„1111111111111111111111111 j ...b SITE MAP Exhibit 1.0 Application No. 070806-9 Page • 2 of 2 161 1B2 ._ ,,:„..( 414.4.-7\\ '6161VOL V, nOUTI-I FLORIDA WATER MANAGEMENT DISTRICT ,'.'..,,v,,,...-I LOWER WEST COAST RhelONAL SERV1C1:UN l'ER 2301 Mc.Cmg,,K/4.1.e=h-c.lect,Ft My ,FL 33901 40 4,;,,'..."'-)0 C239)338-2929 • FL WATS 1-800-24S-12.0/ • 2uricom 7,10-2929 • F,ik(239)33-2936 . www.efu wild 8c-v pyre/ S . . . 1 Environmental Resource Regulation Application No.: 060926-16 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 Pre:Oct ; HERITAGE BAY-RECREATIONAL LAKE CROSS SECTIONS Location: Collier County, S13,14,23,24/1'48S/R26E District stall has reviewed the Information submitted May 9,2008,for the proposed additional optional cross--section(Option 3 of Section D-D)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 VVilsonlvliller, Inc on September 27, 2006. No.modifications other than those specified herein are authorized by this letter. Based on that information, Dialrietstaff has determined that the proposed activitlea are irr compliance with the,original surface water management-Permit and appropriate provisions of FAC Rule 40E-4.331(2)(4 Therefore,these changes have been recorded in our files. Please understand that your permit remains subject to the Standard Lin.eting Conditions and all other Special Conditions not modified and as originally issued. Should you have any questions concerning this matter,please contact this office. Sin7,7 //r/ William Foley,P.E. Sr Supv Engineer Collier County Service Center WF/ps c: Collier County Engineer Wilsonmliler,Inc. „ .24/1.%,:iRICT iiE.WOLIAMERi, ,'..3301(.;ui;A..1,A,(Au,L-A,A'(A r(3A:24680,We't Falm Beglei,H 3 i1•3--10 0 ti..61)6a6-8800 • FL WATS 18C0432-2045 • ,T / 161 162 /`a�11.�L jC Iw 1.,.; SOUTH FLORIDA WATER MANAGEMENT DISTRICT y ''';.,,,,.4., LOWER WEST COAST REGIONAL SERVICE CENTER ?ail McGregor u„ nevar�t.,ion Mac r, 9L 33901 r•ias ','`,6 (239)338-2.929 • H.WAIS 1-WO-2481201 • Surico;a 748-2929 • Valk(239)3 -.2O33 • ww:e fwn?;l.gcr-rf l.r,:q J 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 t SILVERSTONE AT THE QUARRY Location: Collier County, S231T48S/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 47 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 eetivities are in compliance with the original environmental resource permit and appropriate provisions ell FAC Rule 40E-4.331(2)(4 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, . i Foley,P.E. St on Leader Ili&County Service Center WRut ' c: Collier County Engineer / Pulte Homes Wilson Miller Stanteec _..eeee.t FIR.-e,: ,q,tE. . 3331 G u.c flee feel ,lea 33,3x 4680,W.-al Pal ral Beach,EL 3,ti,:t(00 -- PI)086-8901) • H.btiATS 1.-501-412-21)45 161 1B2 . - " .UjnS4C kk,(i.'1 101,00s-,_ '? 1 33 MN A A AGRICULTURAL ZONEC► ZONED (-1 14-48-26i IN f:3-48... 6 } 15-48-26 i` . .. am, _� 18-48-27 MIRASOL PUD11,77-- —,;,,-.:.',.;'7'.'-,.,,'::.;,.--,..."'"----- '` i' ' �- A MHO - . 4C` a ,:r�� y� _ _ ... w� •',- f ,\•,t\�.'„'� AGRICULTURAL .; , I 4tT ,= ��,�_ 4 =c`j1<-t �tlY ,1 ZONED .,,--- 1EIiZ `,= 1 61 1 82 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 11-01336-5). 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 sheetflow 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> 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 infiew 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 'rcm the surface water management system. Removing this control structure does not affect the requiied 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 W1 W4.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 surface water management system: 20.6, 119.1 arid 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 previoa ly permitted minimum parking lot,road crown and finished floor elevations. No adverse water quality or quantity impacts are anticipated as a result from the;:reposed project. LAND USE: No changes to the previously permitted land use for both portions authorized ai°conceptual approval and construction and operation approval under applications number 040212-21 and )41201-9. App.no. 070806-9 Page 2 of 11 1 6 1 1 B 2 L , __ ,. ... o ,„) 1 ;/ / . . ., . 7:71-1- .:" .5.4-,445,. ,:•., ',,, 1 • •;,71 „ -4 0 , 8,1 ......".:.... (/ ... CV- ,.. . , .. 5 i t to ,o tj A 1 4.4. i ,...A,:,,ii;:,,,, i5t-ittot: o 7 ,''i ' I .. .1 i•, , L,, e, mi , !II, : I , ;_ - '' . .6 g • I . .. j,; -11 -,i V,:,...-',,Z,'46-.; -'',i,-A-i•;',1 0 8 ?,.. 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''',: ' I , 1 , . , I' : 1 . , , ,......• i - '''. '- : ', . • I ;, ''-• .`4 , _I 1 W,, .3 51 - ' " , ' ; ' --' . ' 4 •, . . . , ) ' „. ... • ..--., . 4 I (f). -.- .....' --..--------....... ................." --.. ............. .........- d : < a -C CO .......... Z =-3 Z F- .." , i - • w c) -:,3' § • ,X -:I ,•:‹, ; ...'..) Z. 1 I . a . L 1 61 1 B 2 o 2216 Altamont Avenue Fort Myers,Florida 33901 Phone:239.332.5499 Fax:239.332.2955 March 2, 2016 www.cphengineers.com 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 - 1 61 182 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 JI / �� -i1, �.. Joshu` Log hart, P.E. Calvin Teague-4"1111"v Vice Presisent/Associate District Manager Date Date -2 - 1 61 182 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 industry.--'" Exhibit A Page 1 of 5 1 CPH,Inc.-FL Rev 612013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer 161 1B2 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 1 61 1B2 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 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 6 CPH,Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer 1 61 1B2 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. Proiect 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 1 61 1B2 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 proiect 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 1b1 182 Rates & Reimbursables CPH STANDARD RATES CPN 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 $115 Sr.CADD Technician $85 Traffic Analyst $105 CADD Technician 575 Senior Graphic Designer $125 Principal Environmental Scientist $160 Graphic Designer 575 Senior Environmental Scientist $125 Lead Environmental Scientist $105 Administrative $60 clerical D s60 Environmental Scientist $95 Clerical I $40 GIS Analyst $105 Network Admin.(I) $60 Arborist $125 Sr.Construction Manager $120 Construction Manager $105 Principal Planner $160 Construction Field Representative II $100 Sr.Planner $130 Construction Field Personnel I $80 Planner $100 Principal Surveyor 5160 Principal Architect $160 Sr.Professional Surveyor 5130 PProfessional Surveyor and Mapper 5125 Sr.Architect $140 Field Technician/Designer $105 Senior Architectural Manager $130 Surveyor in Training $100 Architect $123 Survey Project Manager/CADD $100 Field Crew Coordinator $95 Senior Architectural Designer $120 Survey Party Chief $75 Architectural Designer $105 Survey Instrument Man 565 Architectural Coordinator $65 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) $160 Survey Crew(3 Man) $155 Structural Engineer $115 GPS(1 Man)/Robotics $130 GPS(2 Man) $165 Principal MEP Engineer $160 1 Man Scanner/Laser Survey Crew $265 MEP Project Engineer $115 2 Man Scanner/Laser Survey Crow $290 MEP Project Designer $110 MEP Design Technician $95 Schedule of Reimbursable Charges Copies(B&W) Plots(SAW) Mileage At Current IRS 8.5 x 11 $0.05 Each 11 X 17 $0.21 Each Rates 8.5 x 14 $0.10 Each 12 X 18 $0.24 Each Phone At Coat 11 x 17 $0.20 Each 15 X 21 $0.35 Each Postage At Cost 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 11 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 42 513.00 Each 30 x 42 $35.00 Each 36 x 48 $48.00 Each 1 61 iB 2 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 CDD,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. 1 61 X82, -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 by TQ CDD -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 1 61 1B 2, -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 COD 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#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 overall 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 161 182 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 Justfn.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)3134947 Office • (239)313-6950 Fax• officealakeandwetland.com •www,lakeandwetland.com 161 1B2 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. Cowialo-Ayres _e": `3 y,�T--�" 313/16 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 • office@lakeandwetland.com • www.lakeandwetland:com 161 182- Heritage Bay Community Development District Financial Report January 31,2016 Prepared by SEVERN TRENT SERVICES 1 61 1B2_ 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 10-48 161 1B2 Heritage Bay Community Development District Financial Statements (Unaudited) January 31, 2016 1 61 lB2 2 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 1 61 1B2 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 2 161 1B . . 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 1 61 1 B 2 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 - - - - ProfServ-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 $1,9 0� $1,911,896 Report Date:2/19/2016 Page 4 1 61 1B2 Heritage Bay Community Development District Supporting Schedules January 31, 2016 161 182 II . , .p � � , moo , � � , . ae „ a„, .p , sae ae y O Imo. 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S O Or m 01 V/ m v m n C ni 19;a m - o 5� g _ a $ v o v 3 b o w Q g § o 0 > LL1t � 'ti r ad ' tri ^ a6 v cci Col w • C 15 8 8 a. 4 4 atri O no C `f' E N� N8 • ' NF- ^ es K en t • • • Of I d 3 O 4-Q m c0 C1/0) » J .n co M �_ ^ ONO ey O O Z Q N 4.• w O u o - 'A M .h H , v C CDW e Q E Q CL n^ N c cos mN S 1 'g LL N IllCI) •� m qq O epyp' isi c en V $x g ,$yV�, S E j v . co 0 A b ii d u W i C Is w S{ ^ A C Q 2 G g 0 HE 1 ;P is ,R i52S 'i cff o � 6 V ° LL Bg 2 a ce 1 01 U 1 61 1 8 . 2 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 I Report Date:2/19/2016 Prepared by: Page 7 Severn Trent Management Services 1 61 lB 2.. 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 1 61 1Bi 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 G/L Balance 373,055.50 Ending Balance 373,055.50 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 FEUEX 114.85 0.00 114.85 1/26/2016 Payment 3039 NAPLES DAILY NEWS 280.96 0 00 280.96 Total Outstanding Checks 2,193.01 2,193.01 Page 9 1 61 1 B2 SR 88R 8S 88R W88a8g2 Z. s'', p8 CCOO (CO. 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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 arc 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. 161 1B2 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 1 61 1 B2 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 1 61 1B2 Board,not to exceed$4,800 per year per member. Section 5. The term of office for the individuals to be elected to the Board in the November 2016 General Election is four years. Section 6. The new Board members shall assume office on the second Tuesday following their election. Section 7. The District hereby instructs the Supervisor to continue conducting the District's elections in conjunction with the General Election. The District understands that it will be responsible to pay for its proportionate share of the General Election cost and agrees to pay same within a reasonable time after receipt of an invoice from the Supervisor. PASSED AND ADOPTED THIS 3rd DAY OF MARCH 2016. ATTEST: HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT i Calvin Teague-- Edwin Hubbard Secretary Chairman 161 162 H Severn Trent Services eritage FieldBay ManaCDDgement Report Site Inspection - 1/21 1. Lake Management:The water is continuing flow throughout the system and the lake levels do not appear at this time.Additional lake maintenance information is found below, all lake issues are low density unless otherwise noted. a. Algae on Lakes: 1,2,&7. b. Littorals:Some littoral damage was noticed in a few places as a result of intense treatment. Overall the damage was minor. Lake 10 is pictured in both photos below. No other issues observed. �3 3 ^kY >,„,s"E yi 1 ' ,4 . peat ,, .;., , c. Rocks: i. The weeds growing in the rocks around the drain outlet on the southeast corner of lake 20 need to be sprayed out. A . K �4 �g� d �y Y +may"+.,(^,. 2 .-_ !a'+ Ar. I 161 IB2 ii. The rocks on the drain outlet pipe on lake 23 need to be sprayed out. �8@7F$ i94FS3 ylr}t Ton 44I"1; , 401.-‘e...;- a= 4--c.,41.4.5re ,....,or, , -...., - _,.. r cf2r4e, . ,..±.; ....... .7r—, '' , A .{ - - .. F fir. , ! 'A • F 9°317`-` ,,.,-.'4r},' od d. Weeds: i. Alligator Weed in Lakes: 12. ii. Brazilian Pepper: No issues observed. iii. Cattails in Lakes: 15 (pictured)&30A. f f j ,1 f i a ''' —: ^ y i'''4 fit' ,. ' (3F iv. Climbing Hemp Vine in Lakes: 30A. iYSa .:-.47.14''''':`,,•at '°� �3 sy� . '.1,- ."g;?'F1F ,m #,' i zVx13'3 \q yaY' . 2 161 1B2 1 v. Dollar Weed in Lakes: 19&28(pictured). 's .4740,..t4s, -, - lt,,-..,!,--.... - vi. Hydrilla in Lakes: 15. Y:.. ' F la vii. Illinois Pond Weed in Lakes:5,6,9, 12, 19, 20, 26, 27,30A,&308. Lakes 30A&308 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. t' 4-0 r ' t S K 'ti9 3 �' ,ty�4 •Yf, +' 3 1b1 1B2 .., 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. KrM 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). as rt r x . t . ^rr " 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. � y*+. ' ai4o * 1 r • 0n ar b i } f •4- � rk �'� ozfi`s c ' 1 a ' , d II 41.440S3.:.4' , N'i':i.f,"i':,`"et'-4'".! '''''4,,:-, :*,,, 'erf:44421.;:‘,4 4 - lack::-' ,,1/4 vi 4 f � "'R0. -•`� ,. d �. a , ''4`c, ,x,,,:;.,:yN-1 J� k f. Trash in Lakes: Minimal trash observed, no need for a clean-up. g. Bulkheads: No issues observed. 4 1 61 1 B 2 h. Clippings in Lakes: No issues observed. 2. Dissolved Oxygen(D.O.)Tests: Heritage Bay CDD Water Testing Results-1/16 Dissolved Oxygen (ppm) Lake 2 r 4.0 Lake 4 8.0 Lake 5 6.0 Lake 6 r 6.0 Lake 8 r 6.0 Lake 10 r 8.0 Lake 12 8.0 Lake 14 r 8.0 Lake 16 r 8.0 Lake 30A r 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. r„f' Om' y *./. It!'1'4-7 r„.05.- to.„,,,,.. , .......,.....; ,,,.,_ , ,.......t. ,:f2 „,,.., „if, 44 , ,,.. - ;:,...:: ,,,..._Ne.:*,..-_, .,,, .;,‘ r.,„ , '''. '!''' '':',L''''' " v ,ate Y-^ Ft,...4#7-#441: - . r. _ - ,::::4‘ .,,,.. -014:&;;;,-, ,..ii"' " '' ..;•;,•:;3:: A i '4";••t ! 4 t fi .8 �� i{ f. 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. ?" � . �� : Y�''"s. " nr . e t. ; z� � �' � . . l ' . + Y 4 0-0- 4-:."*.i.f.-;''-:!fF ., . .. 5 1 61 1B2 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. {M8rwir.. '' rAINF ' Phil ;*-7441ii:1 4, I 'It' ' 4 '''''4.4." '''c . '79 orsibil"rwr44. :274A,.."'w1VELW.W.-- .',4111111, , ‘,1:;;‘. ' r C l ' ' -1:1 y -ilai W441 wAi inr i ter ...: Aft 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 1 b1 1 B2 5. Fish/Wildlife Observations: n Bass ® Bream Catfish Gambusia ® Egrets ® Herons Coots ❑Gallinules ®Anhinga ❑Cormorant [Osprey ® Ibis n Woodstork ❑Otter ®Alligators n Snakes Li Turtles ❑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 owl € $] b. LaMorada has removed the silt fence from around tract U. 111.11111.1111111111.1111 � x, 1 b1 1B2 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 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 5/27/2015 I Golf Course Water level Too High Repair pipe on lake5 5/27/2015 Golf Course ` Completed Remove trash on the bank of lake 7/15/2015 i Golf Course I Completed Remove silt fence in tract U 7/15/2015 i LaMoradaVendor; Completed Remove dead trees behind 10111 Biscayne Ln. 11/18/2015 1 Golf Course i Field Manager Tasks Inspect video of interconnect recordings 9/25/2014 ' ; Completed Write letter to The Quarry requesting removal of Brizillian Pepper 10/17/2014 Quarry Community Trees Pssociaiton i In Progress Golf Course trimmings in the lakes 10/17/2014 Golf Course i Completed Lake Bank Review I i On Going Littoral Planting Reviews ` I On Going Erosion Restoration Site Visit Completed Southwest Contact Southwest Development regarding lake 27 repair 7/15/2015 In Progress Development CDD Contractor Tasks j Spray out palm on the west bank oflake20 9/16/2015 i Lake&Wetlands ! In Progress Spray out palms on the north bank of lake 19 10/21/2015 Lake&Wetlands { In Progress Spray out palms on the north east bank of lake 23 10/21/2015 i Lake&Wetlands In Progress Treat red ludwigia on lakes 3&12 10/21/2015 1 Lake&Wetlands Completed Spray out the palms on the west bank of lake 24 11/18/2015 Lake&Wetlands ! In Progress Spray out the weeds in the rocks on control structure W2L30 11/18/2015 ( Lake&Wetlands I Completed Spray out weeds in the rocks around drain outlet pipes on lakes 20&23 1/21/2016 i Lake&Wetlands Treat red ludwigia on lake 1 1/21/2016 ' .Lake&Wetlands , HOA Contractor Tasks Remove trash from the preserve along Lions Bay Ct.&Escambia Bay Ct. 12/16/2015 ; Buttonwood In Progress • Homeowner Complaints/Concerns 8 1b1 1B2 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. &n m+ •*{«...Y� fir'4. • tt�Ai,,,,__e M t a^y✓ °� ` C f„ A 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. $33 �' a3 ) 4 til �R C. � '2 1'4 y�g V 4. 1 1 b1 1 B2 c. Rocks:The rock areas have been sprayed out as requested.Lake 23 shown below. 1/12/16 2/17/16 t;',.-,--Sao„ , �. -,,,-,,- -- -,..,;::,..,..,1.-- , ':8n ,, ,_ X . w'tt'`"• ), `-_Z '"d'9 ` '+. k�°,� ;. idf ^5'.: �l em' d. Weeds: i. Alligator Weed in Lakes: No issues observed. ii. Brazilian Pepper: No issues observed. iii. Cattails in Lakes: No issues observed. iv. Climbing Hemp Vine in Lakes: No issues observed. v. Dollar Weed in Lakes: 20. - ` 9� o f n� , �< K, � p ft...F 7r d '' wp,. e 41. *Nx v tt�� 'eW'�k Ty € ' Nt..-V, ti. vi. Hydrilla in Lakes: No issues observed. vii. Illinois Pond Weed in Lakes: 5, 12, 19,20,27,30A, &30B. 2 1 61 1 B2 viii. Red Ludwigia in lakes: 1(pictured) &4. Lake 1 has been treated as requested. 1/12/16 2/17/16 ff t aq ix. Spatterdock in lakes:No issues observed. x. Torpedo Grass in Lakes: 10, 14, 17,&20(pictured). 4 r " a 4 4 r e. Fish/Aquatic Life:On 2/3/16 several fish were cleaned out of the catch basins that drain to lake 17.This small fish kill was likely due to a cold snap we had around that time. No other issues were observed. f. Trash in Lakes: Minimal trash observed, no need for a clean-up. g. Bulkheads: No issues observed. h. Clippings in Lakes: No issues observed. 2. Dissolved Oxygen(D.O.)Tests: The next test will be scheduled for May 2016. ill 3 1b1 182 3. Lake Bank Erosion: a. The bridge wall repair project is progressing well.The TSI crew was observed working without turbidity barriers in place on the northeast quadrant, but after reporting this to the Engineer the crew was observed putting the barrier in place by the end of the inspection. ..h. 0* Ofiti*.ii '1"."'. • ''''' ��.$p vu ,. :Y 4.rWr-R.. b. A hole was noticed on the northeast corner of lake 30A.This hole could possibly have been dug by armored catfish or a small gator. It 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. t, - }n *. x > *:''''''.4d ..- 1 `47•14,t-PirirVer:):-•'‘ ' 'V '.',' ':"-/--. '`,••••"Z'' '.,-;','\,::?-,117%Ft•:*;;VI.•'.'Le ' • '` VI' t ' cY4 !,•!,'„r;"4', aY { � ` ..,- ''''.4.:,4:, ..t, ^' f csrte A i • f '-'1' '% gg i 4'4 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 L27L30 was flowing. iv. Basins 4&5:Control Structure L28L30 was flowing.Control Structure L29L30 was flowing. 4 1 61 1 B 2 v. Basin 6: Control Structure L30000O2 was flowing. Control Structure L30000O3 was flowing. a ... PP} j , s , b. Drains: No issues observed. c. Roadway Catch Basins: No issues observed. k 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 ❑Gambusia ® Egrets ® Herons P Coots ® Gallinules ®Anhinga Ll Cormorant _ Osprey ® Ibis n Woodstork n Otter ®Alligators ❑Snakes ®Turtles Li Other Species: Tilapia,Armored Catfish,Turkeys 5 161 1B2 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. '"* "...,' `�� ' � �aA ` • sa a; ,, a « s c '': i' t ,�v A l�•�L •F 0V ..0- pp, t r •tl , ' l''t.71 r �• ✓ 9I ' r 1, x ff ''fir 4 ' 'icg �, v v.'c¢. "s p!. 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. s � , , W ':;'.-,, ! '''',.' ' ..— - r Y , q S .` 5 .1• M T Y,,,,,,,,,-.7:- - 2s N % l.(2. _ , , 6 1 61 182 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 2 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 IettertoThe Quarry requesting removal ofBrizillian 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 I 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 oflake24 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 ludwigia on lake 1 1/21/2016 , Lake&Wetlands Completed Treat algae on lake 28 2/17/2016 Lake&Wetlands In Progress HOA Contractor Tasks Remove trash from the preserve along Lions Bay Ct.&Escambia BayCt. 12/16/2015 Buttonwood Completed Homeowner Complaints I Concerns 7 161 1B2 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT (CDD) ASSESSMENT INFORMATION Q. How arc 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. flow 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 outliliing 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 L.uvinia LaCap at the Severn Trent Services Coral Springs office. She can he 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 Deht Service Total Assessments per Unit Percent Percent Percent Total FY 2016 FY 2015 Change FY 2016 Fl"2015 Change F1'2016 F1'2015 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 1 61 1J32 204\ MINUTES OF MEETING HERITAGE BAY i3y- COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Bay Community Development District was held un Thursday, March 3, 2016 at 9:00 a.m, in the Heritage Bay Clubhouse, 10154 Heritage Bay Boulevard,Naples,Florida. Present and constituting a quorum were: Edwin Hubbard Chairman Ronald Grant Vice Chairman John May Assistant Treasurer Dennis Gagne Assistant Secretary Richard Brodeur Assistant Secretary Also present were: Calvin Teague District Manager Josh Lockhart District Engineer Resident The following is a summary of the actions taken at the March 3, 2016 Heritage Bay Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Teague called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Public Comments on Agenda Items There not being any,the next item followed. THIRD ORDER OF BUSINESS Approval of the Minutes of the December 30, 2015 Special Meeting and January 7,2016 Regular Meeting Mr. Teague stated each Board member received copies of the minutes of the December 30, 2015 special meeting and January 7, 2016 regular meeting and requested any additions,corrections or deletions. A correction was made to the December 30th minutes. 1 61 1B2 March 3, 2016 Heritage Bay CDD On MOTION by Mr. May seconded by Mr. Brodeur with all in favor the December 30,2015 special meeting minutes as amended and the January 7, 2016 regular meeting minutes were approved. FOURTH ORDER OF BUSINESS Old Business A. Lake Management Program • Mr. Lockhart from CP1I presented a stormwater system analysis proposal; a copy of which is attached for the record. • Discussion ensued with regard to the proposal and the following changes noted: ➢ No consultation of lakes at this time. Provide CPH with any storm system analysis previously conducted. > Conduct the bathymetrics surveying but remove Lakes 30 A& B from the work task. > Conduct cross sections of the lakes every 200' as opposed to the 100' in the initial proposal. ➢ A revised proposal will be presented at the next meeting. B. Environmental Permit Transfer • Mr. Teague reported the Quarry Engineer responded that after their review they believe the permit modification through application #060928-16 has already been split; but Jennifer Krumlauf, the Regulatory Specialists Supervisor for SFWMD disagrees. Ms. Krumlauf provided documentation disputing the Quarry Engineer's position. • The Board authorized the Chairman and the District Manager to proceed with initiating discussions with the Quarry CDD suggesting they first meet with the HOA President for the best approach on this issue. • The position of the HBCDD is to have permit responsibility but with some of the areas being within the Quarry CDD and agreement or split in the permit needs to be established. • Mr. Teague presented a proposal from CPH for meeting attendance and miscellaneous services. This is for general engineering services on an as-needed basis. 2 1 61 122 March 3, 2016 Heritage Bay CDD On MOTION by Mr. Gagne seconded by Mr. May with all in favor the CPH meeting attendance and miscellaneous services proposal in the amount of$15,000 was approved. The record will reflect Mr. Lockhart left the meeting. C. Report on Umbrella Association Meeting • Supervisor May commented on discussions with the Umbrella Association (UA) reporting that he obtained a release of funds in the amount of$11,000 from the UA to the HBCDD. He feels this should have been more considering how much they arc holding from Heritage Bay. • Chairman Hubbard read into the record the document he prepared for the purpose of defining the ongoing relationship between the Umbrella Association and the Heritage Bay CDD;a copy of which is attached for the record. • Discussion ensued and Chairman Hubbard suggested the following actions that the HBCDD could take: > The HBCDD inform the Umbrella Association(UA)that the HBCDD will continue complete control over the HB stormwater management system (SWMS)and that the UA will not have any oversight authority for the HB SWMS. > Request the return of all reserves collected from the HB homeowners and that the HBCDD will set these funds up as a reserve for emergencies and unforeseen repairs. > Request the UA reassess their annual assessments and reduce the annual assessments to the HB homeowners. > Agree to keep the UA updated as to maintenance efforts by the HB and Quarry CDDs for protecting the SWMS. • The Chairman and District Manager will include these discussions when they meet with the Quarry HOA President and the Quarry CDD to discuss the issues. The BOS agreed with the positions presented by the Chairman. The record will reflect Mr. May left the meeting. 3 1 61 B2 March 3, 2016 Heritage Bay CDD D. Bridge Project Update • Mr. Teague gave an update on the bridge project reporting that the project is progressing as planned and the work TSI has done looks good. FIFTH ORDER OF BUSINESS New Business A. Proposal for removal of Palms and Thalia • A Special Service Agreement from Lake & Wetland for removal of Palms and Thalia from all lakes was presented. All debris will be hauled off site. On MOTION by Mr. Grant seconded by Mr. Brodeur with all in favor the Lake&Wetland Special Service Agreement to remove Palms and Thalia from all lakes in the amount of $2,600 was approved. SIXTH ORDER OF BUSINESS Manager's Report Mr.Teague addressed the following: A. Approval of Financials,Check Register and Invoices • The financials for the period ending January 31,2016 were reviewed. On MOTION by Mr. Hubbard seconded by Mr. Grant with all in favor the January 31,2016 financials were accepted. • .It was requested only invoices for legal, engineering and capital projects be included in the agenda packets. B. Discussion of Fiscal Year 2017 Budget Planning • A planning schedule for the fiscal year 2017 budget was reviewed and the following noted: ➢ The proposed tentative budget will be presented for approval at the May 5,2016 meeting. > The public hearing for adoption of the budget will be scheduled for the August 4,2016 meeting. > There will be no increase in assessments. Include revised lake analysis costs in the tentative budget. 4 161 1B2 March 3, 2016 Heritage Bay CDD ➢ The Board requested the tentative budget be sent to them for review a month prior to the May meeting. C. Discussion of General Election i. Qualifying Information • Qualifying information for the November 8, 2016 general election was reviewed. Seats 1,2 and 3 are scheduled for the general election. 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 • Resolution 2016-3 confirming the use of the Collier County Supervisor of Elections to continue conducting the District's elections was presented for adoption. On MOTION by Mr. Hubbard seconded by Mr. Grant with all in favor 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 was adopted. D. Field Manager's Report • The Field Management Report for site inspections conducted on January 21,2016 and February 17, 2016 were reviewed; copies of which are attached for the record. • Discussion ensued with regard to residents planting along the berm. The 130S agreed this should be discouraged and the Chairman will speak to the President of the Single Family Homeowners Association to communicate the need to remove the plants and inform residents that this planting should not continue. E. Follow Up • An article for the web page explaining the assessments was presented. • Chairman Hubbard commented on the Brazilian Pepper issue noting SFWMD will follow up. SEVENTH ORDER OF BUSINESS Attorney's Report There being no report,the next item followed. 5 1 b1 162 March 3, 2016 Heritage Bay CDD EIGHTH ORDER OF BUSINESS Engineer's Report There being no report,the next item followed. NINTH ORDER OF BUSINESS Supervisors' Requests and Audience Comment There not being any,the next item followed. TENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Brodeur seconded by Mr. Gagne with l all in favor the meeting was adjourned at 10:44 a.m. / 0 Calvin Te.• Edwin Hubbard Secretary Chairman 6 161 1B3 Vuft7Lr1 7 Naples Heritage Community Development Distri', �� :� �� q Board of Supervisors By • Peter J.Lombardi,Chairman Calvin Tea `R�•. y.,,, Peter V.Ramundo,Vice Chairman Gregory L. Urbancic,District ou• Kenneth R.Gaynor,Assistant Secretary William McAnly,District Engineer Gerald G.James,Assistant Secretary Richard J.Leonhard,Assistant Secretary Meeting Agenda April 5,2016—9:00 a.m. 1. Roll Call 2. Public Comment on Agenda Items 3. Approval of the Minutes of the March 1,2016 Meeting 4. Old Business A. Update on Lake Fountain B. Lake Quality Analysis/Aerator Discussion 5. New Business A. West Boundary Tree Trimming 6. Manager's Report A. Approval of Financial Statements B. FY 2017 Budget Review 7. Attorney's Report 8. Supervisors' Requests 9. Audience Comments 10. Adjournment The next meeting is scheduled for Tuesday,May 3,2016 at 9:00 a.m. District Office: Meeting Location: 210 N.University Drive,Suite 702 Naples Heritage Golf and Country Club Clubhouse Coral Springs,FL 33071 8150 Heritage Club Way 954-753-5841 Naples,FL 1 61 1B )3 .„,..... ,..„............_.„...• ,.„,„.„..,. .......„..:.„..... ....... • • • .„. .._,....„..........„.„.,..„,,,,..„, .„ •... . ,.. ..,,.. 't.P. ,,-_.,..,-,.._••,• • '' ! ; 4AV, N #' �' ,, 114,' 444nF5 tr X 3t� m .' - - •'rka' ' r 3 Cyt 4Z "$' � � "i ? h^ rL -'' . , , ,, t.j a , .Y+'E ti •Y. .� �, -y �f� G o 'C'. �"{1.�rr. 1:45,..-.4'.- ,y,.4 "x'"` - _H 'ate `SS T k�, r Ons� � t '�'s F .f, 66 „� Y i t ,•:•- '� s. .g Sq� 1 61 183 , .. -4.. .: 4 . - $ `^ -, -it- cit\ 4,,,,,:;,e 4' 1 ": 1 f p 1" '� :-.,-:!;,.'');!';'.'iii:::4, . ,, '9 R ;„,y,�dq ;, ,F ti P1 .irk; 4 1,..';: .',•',. „, -, ,„ ,'-':-.7'ify” '..ri•.-' :,;1-... • . -,,,,,oir.,;.,-,,,,argr,-,- - , -,, ,,,-. yy�� 1 61 18 3 Irrigation Concepts,LLC 771 14TH AVE NW NAPLES,FL 341206306 US 239-438-8062 irrconceptsllc@aol.com ADDRESS SHIP TO ESTIMATE 1004 Heritage CDD Heritage CDD 8150 Heritage Club Way 8150 Heritage Club Way Naples,Florida Naples,Florida DATE 04/04/2016 Naples,FL 34112 Naples,FL 34112 ti�TIVI1if Q,T TE AMQUNT misc 1 4 light set,40W RGBW,1 5HP masters,with brackets misc 1 Control panel-RGBW light set,120 V misc 1 ' Cable assembly-50'14/5,5 pin ALC misc 250 Foot cable 14-5, mise 1 5,100.00 5,100.00 *Note:Payment due when job is complete Your estimate is attached.If you have any questions,please don't hesitate to call us. We look forward to working with you! Chad Legan Irrigation Concepts,LLC 239-438-8062 TOTAL` $5y100:00 Accepted By Accepted Date 1 61 1B 3 Chad Montgomery From: Eric Mannisto <eric@superiorwaterway.com> Sent: Tuesday,April 05,2016 8:10 AM To: Chad Montgomery Subject: preliminary findings Attachments: Naples Heritage lake 7 copy.jpg;Naples Heritage lake 16 copyjpg Hi Chad, Our findings during our preliminary water testing at Naples Heritage for Lakes 7 and 16 were as follows. I have attached maps showing some depth readings. The lakes are at a good depth for subsurface aeration systems.We recommend a minimum depth of 8-10 feet. We took dissolved oxygen readings at the surface,five feet and approximately 10 feet. In lake 7 the readings were pretty uniform at each depth across the lake. At the surface the oxygen levels were at 9.4 ppm,at five feet they were at 9.0 ppm and at 10 feet they were 5.5 ppm. In lake 16 the surface readings were at 8.5 ppm,at five feet they were 8.1 ppm and at 10 feet they were 4.9 ppm. The silt levels at the bottom of the lake were minimal at this time.Approximately less than 8 inches in most areas tested. Water clarity was poor throughout both lakes. The next step moving forward is the proper power locations(need a 120 volts power source),sizing and pricing of the aeration systems, This can be done as soon as it is requested. If there are any questions please do not hesitate to call us.We look forward to working with Naples Heritage on this important aeration project. Thank you for the opportunity, Vresideiit s .lu (-3()I ) ()02..:18L92 i t'.: (5(. 1 ) 844..9624) Superior Waterway/ SrrciEr,, inc. 1 1 61 1B 3 . ..... _ ,' 4„, Via. ,�p4: f pie , ' ' 1 4i �' 10 -- kp N").4," § l .. a F 7 Lake 7 pat th 161 183 . ,, . .. .... ,, . . ..\1-' . - ,....„.. _ , - ,,,„... . . , ..... . , : ,.,,.. .._. . , . 4 0, 7. ., . --- , - -- - ,40.--.4* 06,, :"...'..... .1r,.. '... ...-,.:'44 117.:.4,...4"Xi.--4,-.- ,..', '' s 8e]l t}1 7,i0ft 1 61 1B 3 Agreement Page I of 2 Vertex Water Features A Division of Aquatic Systems,Inc. 2100 N.W.33rd Street I-800-432-4302 Pompano Beach,Florida 33069 Fax(954)977-7877 ww w.ve rtex wale r featu res.com This Agreement made the date set forth below,by and between Vertex Water Features,a division of Aquatic Systems,Inc.,a Florida Corporation,hereinafter called"Vertex",and Mr.Chad Montgomery Lab,Special Services& Lake Assessment Agreement Naples Heritage Golf and Country Club 8150 Heritage Club Way Naples,Florida 34112 (239)280-6092 Date of proposal:March 30,2016 CB-R We are pleased to quote special pricing as follows: Area(s): Waterway 117(0.51 Acres) Waterway#16(3.06 Acres) Treatments: 1 per site Muck Assessment Package: DO Profile,Temp Profile,Secchi Disc Depth.(2)Total Phosphorus(2)Total Nitrogen,_(2)Nitrogen Ammonia,(2)Coring,(2)%SOM,(I)Mapping • Total 5792.00 Terms& Conditions of Lab,Special Services& Lake Assessment Agreement The above price is effective for 30 days from the date of this proposal Tax Exempt. If you are tax exempt,please provide a copy of your Tax Exemption Certificate. t. If CUSTOMER requires ASI to enroll in any special third-party compliance programs invoicing or payment plans that charge ASI,those charges will be invoiced hack to CUSTOMER. 2. This transaction is subject to the terms and conditions quoted below,notwithstanding any conflicting provisions submitted by BUYER. 3. This Agreement shall have as its effective date the first day of the month in which services arc first rendered to CUSTOMER. If this maintenance agreement is part of a corresponding installation agreement, the maintenance services will not begin until the installation is complete. If this is the case,then a notice will be sent to confirm commencement of service. 4. Customer agrees that the services to he provided are for the benefit of CUSTOMER regardless of whether CUSTOMER has direct legal ownership of the work areas specified. In the event that CUSTOMER does not directly own the areas where services are to be provided,CUSTOMER warrants and represents that he has control of these areas to the extent that he may authorize the specified services and agrees to hold VERTEX harmless for the consequences of such services not arising out of VERTEX sole negligence. 5. Neither party shall be responsible in damages,penalties or otherwise for any failure or delay in the performance of any of its obligations hereunder caused by fires, floods, strikes, riots, war, acts of God, accidents, material unavailability,governmental order and/or regulations. Upon termination,any advance payments made for services which would have been rendered CUSTOMER after date of terminate shall include,without limitation,increased material and transportation costs resulting from the supplementary supply conditions. 1 61 1B 3 .. .... o.J ! 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CcS = ENy c '' u-L $ LWo N 7 a 0 -4 O e v V7— C 0 0 O a 5- V m 2. v °• QNC 0N' C 0.E 30 C Zy CCN N .� F V c C c NN Ord I. � 5Eqof', A a yCO `°m a N t1►V a Z nCDS22 Oo 3 too kXE I- c nm 655 1 61 1B Case Number:CEVR20160001787 Date:March 17,2016 Investigator:Michaelle Crowley Phone:2392522972 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NAPLES HERITAGE CMMTY DEV DIST, 10300 NW 11TH MNR,CORAL SPRINGS, FL 33071 Location: 7845 Naples Heritage DR,Unit: Unincorporated Collier County. Zoning Dist: PUD. Property Legal Description:NAPLES HERITAGE GOLF&COUNTRYCLUB TRACTS B&C5 REPLAT TRACT C5,conservation area between Naples Heritage and Firano. Folio:61880000502 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Collier County Code of Laws and Ordinances,Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: General Landscaping Requirements. Collier County Land Development Code 04-41 as amended, Section 4.06.05(K)(2). K. Maintenance of landscaping. 2. Maintenance.The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species.Tree • and Palm staking shall be removed between six and 12 months after installation.All landscapes shall be kept free of refuse,debris, disease,pests,and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition.Special maintenance requirements necessary to preserve the landscape architects design intent shall be noted on the planting plan.Ongoing maintenance to prohibit the establishment of prohibited exotic species is required.Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Conservation/natural area at Naples Heritage(Tract C5)has been allowed to overgrow and extends more than 20 feet over an adjacent development,creating a nuisance and causing harm to required Landscape hedge for the Firano community. The Plat dedications for Naples Heritage Phase Two-A,recorded in Plat Book 28, Page 11,provide that"The conservation area...shall be the perpetual responsibility of Naples Heritage Golf and Country Club,Inc.,and may in no way be altered from its natural state except as provided for by the Collier County Land Development Code. Activities prohibited... removal or destruction of trees,shrubs,or other vegetation--with the exception of exotic/nuisance vegetation removal..." Plat book 26, pages 73-80 dedicate to Collier County"All conservation areas Cl through C20...without responsibility for maintenance..." ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must utilize an ongoing maintenance to prohibit the establishment of exotic plants AND Maintain healthy landscape and replace required plant material within 30 days of demise and/or removal. Must trim back the overhanging ficus trees to eliminate the nuisance and so that required Landscape plants/hedge along Firano border can survive. ON OR BEFORE:04/13/2016 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Certified Mail&Posting INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone:239 252-2440 FAX:239 252-2343 Michaelle Crowley Case Number:CEVR20160001787 Signature and Title of Recipient Printed Name of Recipient 1 61 1B 3 Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. 1 61 1B3 :et `; �. ff ._ (� ai5:.,aa ,,„:„.......:-...--,,,..„,,,„_,.„..,.:,„,,,„„„:„.„,,,,„,,,,..._,„,,,.: m .x fix ,, y wg�. ,Y' „� ,, 3 J• s �rL.v ,y.r zw.W �'#k `,� '°�r.p g t i �i� `i ;1 • 4. f !...."7;-;,.",`-'71'14•...... r X"i1),....“."-;.7411w".'' r ,;,.•'� 7.P '10- :. r 7 ,•''£'• ,. 3+ {„,� II 4 vi- . .•,;. . ............i.;,.....,., - ,.,' . „•.'.,:,),--.r.:".,.„..„..1-;..viliN.4,,:,1,-,,,..- ,, -,• .f.,,„,•;-iii .,--,,,!yi,,:t. .Tholi,,,,„•.;.::P,17.-t,i-y-,i 0-,:'_---;-:: :-.1,,: .fix ; '�Y . 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" � �, Y-3 a m Ft..+x k -,th r� ' t 'R=cs 'Y �£q :."4 "` tisYfrr�`t'3v'" ,,Yrw ,.y4 +; • `.x' xu. ,.'."'�� x �',�< r .s ems' -"�", '` mm' °J, 161 1B3 Faircloth,Justin From: Greg Urbancic <gurbancic@cyklawfirm.com> Sent: Tuesday, March 22,2016 2:35 PM To: Faircloth,Justin Subject: RE: Naples Heritage CDD- Over hanging trees on west property line Justin-I think we have at least,3•differentissues-presented---CDD'-general obligation to maintain;,.County's right to enforce;and neighboring property owner's right to cut. Presuming the CDD is the owner of this property and it is the COD's vegetation,we Would have an obligation to maintain the landscaping on our property. I could do some more extensive legal research if you need me to do so, but I would expect there could be a potential action for tr9spass or; nuisance or something..similar. Also,we,would have potentialliability for anything that fell and injured person or property. If theyhavea buffer that is dying because of the overhang, it is possible we could be held liable for the damages.,The second issue is whether the County really has enforcement authority. I am not so sure that this is an actual.violation of the cited County code. However, it may not be worth the time and expense tofight itand if we do get. sent to the code enforcement board,the likelihood to prevail is not good (because of the nature of the process)..>Finally, Florida law generally allows the neighbor to cut back the vegetation to the property line, but they cannot kill the tree/plant in the process and cannot go onto the neighbor's propertyto cut without some other right. So,while they gen,do it, nothing says they must,The ultimate obligation runs with the owner of the property. Hopefully this helps. Greg Urbancic Coleman,Yovanovich&Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail N., Suite 300 Naples, Florida 34103 Phone:239-435-3535 Fax:239-435-1218 qurbancic(a.cvklawfirm.com Both Greg Urbancic and Coleman,Yovanovich&Koester,P.A.intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Greg Urbancic immediately at gurbancic@cvklawfirm.com or(239)435-3535. Thank you. From:Faircloth,Justin [mailto:Justin.Faircloth@stservices.com] Sent:Tuesday,March 22,2016 10:36 AM To:Greg Urbancic<gurbancic@cyklawfirm.com> Subject:RE:Naples Heritage CDD-Over hanging trees on west property line Mr.Urbancic, Just an update...I spoke with M l-etowtey'frotifthe County and she says that she is consii er'irig our ficus'trees`a nuisance sincethey are greatly overhanging;the.-plants on the Firano side and these are what are not able to grow clue to heavy shade.The Firano-plants are also required as buffer by the County.,_ I look forward to hearing from you. Sincerely, Justin Justin Faircloth Assistant District Manager 1 161 1B 3 Expert Lawn Care,LLC Post,Office Box 367285 Bonita Springs, FL 34136 '+a (239)390-9700 La,�, n Care+, LlG office@expertlawncare.net coni mrrcial £_r resi<Icntial http://www.expertlawncare.net ADDRESS ESTIMATE# 2582a Naples Heritage Golf&Country DATE 03/09/2016 Club 8150 Hertiage Club Way Naples, Florida 34112 Usa DESCRIPIION OTY RATE AMOUNT Trees:Tree Trimming 1 5,000.00 5,000.00 West side community.Option#1 cut back 30 big Ficus along fence only Firano side.Notes 1 community will provide a tractor to move chipped along fence.2 all mulch debris will be chipped to preserve areas.3 any Green Button wood damage expert Lawn will replace and charge $40 dollar each.7 gal material.Would do or best to not damage anything but accident happen. If you approve this Estimate and would like to have the work done TOTAL $5,00000 please contact respond to the e-mail or call us.Thank you! `+'�' 0od f b1\ �tor1cn , 5 1 Accepted By Accepted Date / �� Expert Lawn Care,LLC 161 1E 3 NAPLES HERITAGE Community Development District Financial Report February 29,2016 Prepared by SEVERN TRENT • SERVICES 1 61 163 NAPLES HERITAGE Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet Page 1 Statement of Revenues,Expenditures and Changes in Fund Balances General Fund Page 2 SUPPORTING SCHEDULES Non-Ad Valorem Special Assessments Page 3 Cash and Investment Balances Page 4 Check Register Page 5 1 61 1 B 3 NAPLES HERITAGE Community Development District Financial Statements (Unaudited) February 29,2016 1 61 183 NAPLES HERITAGE Community Development District Genera/Fund Balance Sheet February 29,2016 ACCOUNT DESCRIPTION TOTAL ASSETS Current Assets Cash-Checking Account $ 58,458 Investments: Money Market Account 28,578 Total Currant Assets 83,034 TOTAL ASSETS $ 83,034 LIABILITIES Current Liabilities Accounts Payable $ 1,948 Total Current Liabilities 1,945 TOTAL UABILITIES 1,948 FUND BALANCES Assigned to: Operating Reserves 19,200 Reserves-Road and Lakes 10,000 Unassigned: 51,868 TOTAL FUND BALANCES $ 81,088 TOTAL LIABILITIES&FUND BALANCES $ 83,034 Report Date:3/25/2016 Page 1 1 61 183 NAPLES HERITAGE Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending February 29,2016 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) AS A X OP FEB-111 FEB-1S ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD BUDGET ACTUAL REVENUE,4 Interest-Investments $ 100 $ 40 $ 66 $ 26 66.00% $ 8 $ 15 Interest-Tax Collector - - 2 2 0.00% - - Special Assmnts-Tax Collector 79,697 53,264 73,825 20,561 92.40% 13318 4050 Spacial Assmnts-Discounts (3,196) (2,132) (2,845) (713) 89.02% (533) (98) TOTAL REVENUES 78,801 51,172 71,048 19,876 92.51% 12,791 3,967 EXPENDITURES Administration P/R-Board of Supervisors 5,000 2,000 2,000 - 40.00% - - FICA Taxes 383 154 153 1 39.95% - - ProfServ-Engineering 1,000 415 - 415 0.00% 83 - ProfServ-Field Management 700 290 - 290 0.00% 58 - ProfServ-legal Services 2,000 835 114 721 5.70% 167 33 ProfServ-Mgmt Consulting Sery 20,085 8,370 8,369 1 41.67% 1,674 1,674 ProfServ-Property Appraiser 1,199 1,199 1,199 - 100.00% - - Att[5ting Services 3,000 7,500 - 1.500 0.00% - - Postage and Freight 1,500 625 269 356 17.93% 125 84 Insurance-General Liability 8,325 8,325 8,399 (74) 100.89% - - Printing and Binding 650 270 264. 6 40.62% 54 123 Legal Advertising 2,500 1,040 410 630 16.40% 208 - Misc-Bank Charges 620 260 251 9 40.48% 52 47 Msc-Assesesmnt Collection Cost 1,598 1,064 1,420 (356) 88.86% 266 79 Misc-Contingency 376 155 248 (93) 65.96% 31 33 Office Expense 410 170 61 109 14.68% 34 - Annual District Filing Fee 175 175 175 - 100.00% - - Total Administration 49,521 26,847 23,332 3,515 47.12% 2,752 2,073 Field Misc-Contingency 17,280 7,200 - 7,200 0.00% 1,440 - Total Field 17,280 7,200 - 7,200 0.00% 1,440 - Reserves Reserve-Roads and Lakes 10,000 8,052 8,052 - 80.52% 8,052 8,052 Total Reserve, 10,000 8,052 8,052 - 80.52% 8,052 8,052 TOTAL EXPENDITURES&RESERVES 76,801 42,099 31,384 10,715 40.86% 12,244 10,125j Excess(deficiency)of revenues Over(under)expenditures - 9,073 39,664 30,591 0.00% 547 (6,158) Net change in fund balance $ - $ 9,073 $ 39,664 $ 30,591 0.00% $ 547 $ (6,158) FUND BALANCE,BEGINNING(OCT 1,2015) 41,424 41,424 41,424 FUND BALANCE,ENDING $ 41,424 $ 50,497 $ 51,088 Report Date:3/25/2016 Page 2 1 1 61 1B3 NAPLES HERITAGE Community Development District Supporting Schedules February 29,2016 161 1B3 NAPLES HERITAGE Community Development District Non-Ad Valorem Special Assessments (Collier County Tax Collector-Monthly Collection Distributions) For the Fiscal Year Ending September 30,2016 Discount/ Gross Date Net Amount (Penalties) Collection Amount Received Received Amount Costs Received Assessments Levied $ 79,900 Allocation% 100% 11/05/15 $ 511 $ 29 $ 10 $ 550 11/13/15 14,865 632 303 15,800 11/30/15 27,001 1,148 551 28,700 12/14/15 19,793 828 404 21,025 01/11/16 3,517 111 72 3,700 02/04/16 3,874 98 79 4,051 TOTAL $ 69,561 $ 2,846 $ 1,419 $ 73,826 %COLLECTED 92.4% TOTAL OUTSTANDING $ 6,074 Page 3 1 b1 1B3 NAPLES HERITAGE Community Development District Cash and Investment Balances February 29,2016 ACCOUNT NAME BANK NAME YIELD MATURITY BALANCE GENERAL FUND Checking Account-Operating SunTrust 0.07% N/A $ 56,458 Money Market Account BankUnited 0.45% N/A 26,576 Total $ 83,034 Report Date:3/25/2016 Page 4 1 61 1 B 3 N � rc, c0000 G Ttto tO O 0) (V mt7 M lV O 0 E r6;To4 63 2 2 2 8 X I S M b b u m r 0 v! ca 8 N Y N CO N N N N N Ac , V Q N N tO N N 41 N D $v § . 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Present and constituting a quorum were: Peter J.Lombardi Chairman Peter Ramundo Vice Chairman Kenneth R.Gaynor Assistant Secretary Gerald James Assistant Secretary Richard Leonhard Assistant Secretary Also present were: Calvin Teague District Manager Patrick Dorbad NHCA General Manager Chad Montgomery HOA Grounds Superintendent The following is a summary of the discussions and actions taken at the April 5, 2016 Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call The meeting was called to order and all Supervisors were present. SECOND ORDER OF BUSINESS Public Comment on Agenda Items There not being any,the next item followed. THIRD ORDER OF BUSINESS Approval of the Minutes of the March 1,2016 Meeting Mr. Lombardi stated each Board member received a copy of the minutes of the March 1,2016 meeting and requested any corrections,additions or deletions. There not being any, On MOTION by Mr. Ramundo seconded by Mr. Gaynor with all in favor the minutes of the March 1, 2016 meeting were approved. 1 61 lB3 April 5, 2016 Naples Heritage CDD FOURTH ORDER OF BUSINESS Old Business A. Update on Lake Fountain • Mr. Gaynor provided an update on the new fountain. White lights were installed as opposed to color lights;which would cost an additional$5,100. • Discussion ensued with regard to installing color lights and it was agreed to leave the white lights as installed. Staff was authorized to pay the remaining invoice balance of$12,078 to the contractor. B. Lake Quality Analysis/Aerator Discussion • Mr. Chad Montgomery reviewed the analysis received from Superior Waterway regarding Lakes 7 and 16. > Dissolved oxygen levels were all above 5.5 ppm. > Organic sedimentation at the bottom of the lakes was less than 8 inches. • Discussion ensued with regard to the analysis and the cost of aerators. It was determined aeration on these two lakes was not needed. • Mr. Montgomery will see how the biological treatments he applied work before any decision on aerators is made. • Additional testing of Lakes was discussed. On MOTION by Mr. Gaynor seconded by Mr. Leonhard with all in favor to continue with analysis of Lakes 11 and 17 in an amount not to exceed$1,500 was approved. FIFTH ORDER OF BUSINESS New Business A. West Boundary Tree Trimming • Mr. Gaynor addressed the Code Enforcement Notice of Violation received from Collier County for a potential violation regarding the Ficus trees overhanging onto lots on the Firano development which prevent sunlight from penetrating their required plantings. • Discussion ensued with regard to this issue and responsibility for maintaining the area. The CDD owns the property. 2 1 61 lB3 � April 5, 2016 Naples Heritage CDD • District Counsel has noted that the ultimate obligation to maintain this property is with the owner of the property. • Three proposals to have this area cleaned were obtained. Expert Lawn Care,LLC provided the lowest bid in the amount of$5,000. On MOTION by Mr. James seconded by Mr. Leonhard with all in favor the proposal from Expert Lawn Care, LLC in an amount not to exceed$5,500 was approved. • Mr.Gaynor will notify the County that the District is cleaning up the area. SIXTH ORDER OF BUSINESS Manager's Report A. Approval of Financial Statements • The financial statements for the period ending February 29,2016 were reviewed. ➢ Fountain expense will be reclassified to Field Misc.-Contingency. On MOTION by Mr. James seconded by Mr. Gaynor with all in favor the February 29, 2016 financials were accepted. B. FY 2017 Budget Review • No changes were made to the tentative budget. • It was noted lake levels are still high; but Landshore should be able to return in two weeks to work on structure F10. • The annual Field Inspection Report will be available for the next meeting. • Information for the general election and the tentative fiscal year 2017 budget has been posted on the District website. SEVENTH ORDER OF BUSINESS Attorney's Report There not being any,the next item followed. EIGHTH ORDER OF BUSINESS Supervisor's Requests • Supervisor James commented on the five acres the HOA was purchasing and if the CDD would be required to include this area in their preserve obligations. 3 1 61 183 April 5, 2016 Naples Heritage CDD • Discussion ensued with regard to the five acre area and maintenance obligations. • Mr. Teague commented that if it was included in the CDD's responsibilities it would have to be included in the permit which the Board would have to accept. In addition they would have to be given an ownership or land interest position in this area through title or an easement. The CDD would not be forced to accept any new responsibilities they did not want to accept. They could not be forced to accept responsibility or spend funds on private property. NINTH ORDER OF BUSINESS Audience Comments There not being any,the next item followed. TENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Gaynor seconded by Mr.James with all in favor the meeting was adjourned. Cal Teagu- Peter J.L bar i Secretary Chairman 4