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Backup Documents 09/13/2016 Item #16I1 16 1 1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 13, 2016 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Heritage Bay Community Development District: Meeting Agenda 05/07/2016 Meeting Minutes 05/07/2016 2) Heritage Greens Community Development District: Meeting Agenda 05/23/2016 Meeting Minutes 05/23/2016 B. OTHER: 1) Collier County Water& Wastewater Authority: Legal Notice published May 6, 2016 for the Authority's May 9, 2016 Public Meeting &Adoption of Final Order No. 2016-02 2) Metropolitan Planning Organization: Metropolitan Planning Organization Board Meeting minutes from the meeting held on June 13, 2014 3) Request for Notice of Official Interpretation: Record of the legal notice published August 1, 2016 in Naples Daily News requesting an Official Interpretation concerning Section 3.04.D of the Collier County Land Development Code, in regards to Pine Air Lakes PUD Ordinance 2007-32 (Naples Infiniti Petition INTP-PL20160001291) 4) Southwest Florida Regional Planning Council: SWFL Regional Planning Council's FY16/17 Adopted Work Plan& Budget 1 ► E [j Heritage Bay Community Development District 1 a-0* Board of Supervisors By— Edwin Hubbard,Chairman Calvin Teague,District Manager 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 May 5,2016—9:00 a.m. 1. Roll Call 2. Public Comments on Agenda Items 3. Approval of the Minutes of the March 3,2016 Regular Meeting 4. Old Business A. Wall Repair Update B. Umbrella Association Sub-Committee Meeting Update C. Discussion on Perimeter Berms D. Lake&Wetland Contract Discussion 5. New Business A. Interlocal Agreement B. Lake 12 Repair Proposals C. Lakes& Water Monitoring Program D. TSI Rip Rap Proposals 6. Manager's Report A. Approval of Financials,Check Register and Invoices B. Acceptance of FY 2015 Audit C. Distribution of the Proposed Fiscal Year 2017 Budget and Consideration of Resolution 2016-4 Approving the Budget and Setting the Public Hearing D. Report on the Number of Registered Voters(585) E. Field Manager's Report F. Follow up 7. Attorney's Report 8. Engineer's Report 9. Supervisors'Requests and Audience Comments 10. Adjournment The next meeting is scheduled for August 4,2016 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 1611 Al cpTh AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CPH,INC. AND HERITAGE BAY CDD,LLC FOR HERITAGE BAY CDD WATER QUALITY MONITORINGIBATHYMETRIC ANALYSIS LEE COUNTY,FLORIDA MAY 3,2016 CPH, Inc., (CPH) has prepared a proposal of services and fees to provide certain environmental consultant and survey services for the above referenced project.CPH,Inc.hereinafter known as CPH or CONSULTANT proposes to furnish Heritage Bay CCD, LLC, hereinafter known as the Client, the professional services described below for the fees stipulated herein. PROJECT DESCRIPTION CPH,Inc.has been requested to perform monthly monitoring to collect limited water quality data within approximately 29 lakes/stormwater management ponds with the community development district boundary. SCOPE OF SERVICES 1.0 BASIC SERVICES CPH shall provide,or obtain from others,all labor,material and equipment to perform the following services: A. ENVIRONMENTAL SERVICES 1.1 Water Sampling CPH shall sample salinity, conductivity, temperature, dissolved oxygen, and pH quarterly within approximately 29 lakes within the development boundaries. A total of 4 monitoring events shall be conducted. Water sampling shall be located within the deepest part of the lake and multiple samples shall be taken over the depth profile. • During quarterly water sampling, CPH scientists shall photograph lakes and document the aquatic vegetation observed. • CPH shall report any issues observed during the sampling events to the Client via email. ✓ After twelve months of monitoring CPH shall prepare graphic displays of the data recorded for each lake sampled.A location map of the sampling areas shall also be provided. 1.2 Additional Services Provide other professional and technical services not specifically identified in Section 1.1 above. 2.0 COST AND COMPENSATION 2.1 Basic Services Services under Basic Services,Task 1.1 above shall be provided as a Fixed Fee of$5,642 quarterly for one year to monitor approximately 29 water bodies for a total of $22,568. This cost shall not be exceeded without Client authorization. Invoices for Basic Services will be submitted monthly based on percent complete. 1 1 b 1 ` 1 'A1 Heritage Bay CDD-Water Quality Sampling&Bathymetric Analysis May 3,2016 Page 2 of 5 1.2 Annual Report After twelve months of monitoring CPH shall prepare a report of results describing the quality of the water based on the parameters sampled.The report shall include pictures of the lakes sampled,graphic depicting the location of the sampling area,list of aquatic vegetation observed in each lake sampled. Services under Basic Services, Task 1.1 above for the Annual Report shall be provided as a Fixed Fee of$3,000. This cost shall not be exceeded without Client authorization. Invoices for Basic Services will be submitted monthly based on percent complete. B. SURVEY 1.1 Bathymetric Analysis Topographic Survey: Perform a Topographic Survey as per Rule Chapter 5J-17 of the Florida Administrative Code in compliance with the standards of practice of surveying and mapping of the State of Florida. • Collect topographic data at 200 foot cross sections and depth soundings on lakes as depicted within the red area on the attached"Survey Site Exhibit"to include top of silt,top of bank and apparent hard bottom at lake soundings where accessible. Apparent hard bottom elevations will not be collected on lakes/ponds with a depth greater than 20 feet. • Provide six(6)site benchmarks. • Signed and sealed Topographic Survey. 1.0 Topographic Survey Fee: $22,190.00 Note: A$1,080.00 mobilization fee will be required for each additional site visit. State Plane: 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. Benchmarks and Control: The project will be based on the National American Vertical Datum of 1988 (NAVO 88). The project will be referenced to these published elevations by field locating published benchmarks. 2.0 COST AND 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 breakdown 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. ENVIRONMENTAL SERVICES 1.1 Water Sampling Quarterly $22,568(annually) 1.2 Annual Report Lump Sum $3,000.00 B. SURVEYING loll Heritage Bay CDD-Water Quality Sampling&Bathymetric Analysis May 3,2016 Page 3 of 5 1.1 Topographic Survey(all lakes except 30A&30B) Lump Sum $22,190.00 2.1 Additional Services Invoices for Additional Services will be provided on an hourly plus expense reimbursement basis. Invoices for Additional Services will be submitted monthly. 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. 3.0 RESPONSIBILITIES OF OTHERS The Client shall guarantee access to and make provisions for CPH to enter public or private lands as required by CPH to perform their work under this Agreement. It is understood that CPH, Inc. will perform services under the sole direction of the Client or his designated representative. In the performance of these services,CPH will coordinate its efforts with those of other project team members and consultants as required. The Client shall provide CPH with all project related information available including the existing land plan, property legal description, title work, boundary and topographic surveys, geotechnical investigation reports, etc. CPH will rely upon the accuracy and completeness of all Client fumished information in connection with the performance of services under this agreement. 4.0 SERVICES NOT INCLUDED The following services are not anticipated and,therefore,not included in this Agreement at this time: • Environmental studies and coordination of environmental issues with the regulatory agencies. ➢ Wetlands Permitting ✓ Gopher Tortoise Permitting and Relocation • Sand Skink Consultation and Studies Y Specific Wildlife Assessments and Permitting v Review of an alternative product in lieu of the product called for on the plans and specifications ▪ Services resulting from changes made by client following the completion of specific project tasks that require re-work by CPH • Special meetings with agencies, other consultants or Client not normally required to perform the work described in the Scope of Services, except those meetings specifically identified in the above Scope of Work i> Phase II and remediation Any other issues not specifically described in this proposal 1611 Al Heritage Bay CDD-Water Qualily Sampling&Bathymetnc Analysis May 3,2016 Page 4 of 5 Should work be required in any of these areas, or areas not previously described, 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. 5.0 AUTHORIZATION Should the agreement be acceptable, please sign, retain a copy for your records, and return a copy to CPH as our notice to proceed. We look forward to working with you on this endeavor. CPH,INC. / By: / 4 Joshua LockhafP.E. Title: Vice President Date: May 6,2016 1611 Al Heritage Bay CDD-Water Quality Sampling&Bathymetric Analysis May 3,2016 Page 5 of 5 CLIENT AUTHORIZATION HERITAGE BAY CDD, LLC agrees with the Scope of Services, Compensation, and Standard Provisions Exhibit A (attached hereto and acknowledged as being received). Together they constitute the entire Agreement between CPH, INC.and HERITAGE BAY CDD,LLC. 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 the CONSULTANT within 60 days of the CONSULTANTS execution of the proposal. By: HERITAGE BAY CDD,LLC Print Name: Title: Date: 1611 ' Al EXHIBIT A Standard Provisions to Agreement Agreement between Heritage Bay CDD, LLC (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 May 3,2016 . 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 CPH,Inc-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer 1611 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 1611 ' Al 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 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer 1611 Al1 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 Opportun IyiAffirmative Action Employer 1611 Al 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 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 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 Opporttmity/Affirmalive Action Employer 1611 , Rates & Reifnbursables 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 5105 Sr.Traffic Engineer $135 Design Technician $95 Traffic Engineer $115 Sr.CADD Technician $85 Traffic Analyst $105 CADD Technician $75 Senior Graphic Designer $125 Principal Environmental Scientist $160 Graphic Designer $75 Senior Environmental Scientist $125 Lead Environmental Scientist $105 Administrative $75 ,Clerical ii $60 Environmental Scientist $95 ':Clerical I $4D GIS Analyst $105 Network Admin.(1) $80 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 $160 Sr.Professional Surveyor 5130 Principal Architect $160 Professional Surveyor and Mapper $125 Sr.Architect $140 Field TechnicianlDesigner $105 Senior Architectural Manager $130 Surveyor In Training $100 Architect $125 Survey Project ManagerICADD $100 Field Crew Coordinator $95 Senior Architectural Designer $120 Survey Party Chief $75 Architectural Designer $105 Survey Instrument Man $65 Architectural Coordinator $85 Surveying Sr CADD Tech $90 Surveying CADD Tech $75 Principal Structural Engineer $160 Survey Crew(2 Man) $135 Survey Crew(Construction Staking-2 Man) $160 Senior Structural Engineer $140 Survey Crew(3 Man) $155 Structural Engineer $115 GPS(1 Man)/Robotics $130 GPS(2 Man) $165 Principal MEP Engineer $160 1 Man ScanneriLaser Survey Crew $265 MEP Project Engineer $115 2 Man S !Laser Survey Crew $290 MEP Project Designer $110 MEP Design Technician $95 Schedule of Reimbursable Charges Copies(SAW) Plots(B&W) Mileage At Current IRS 8.5 x 11 $0.05 Each 11 X 17 $0.21 Each Rates Phone At Cost 8.5 x 14 $0.10 Each 12 X 18 5 0.24 Each Postage At Cost 11 x 17 $0.20 Each 15 X 21 $0.35 Each Outside Raimhursablas At Cost 34X22 $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 5 1.92 Each 11 x 17 $0.35 Each Silting 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 36 524.00 Each 32 x 42 $13.00 Each 30 x 42 $35.00 Each 36 x 48 $48.00 Each 1611 jai. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN @boil CPH,INC. AND HERITAGE BAY CDD,LLC FOR HERITAGE BAY CDD WATER QUALITY MONITORING COLLIER COUNTY, FLORIDA APRIL25,2016 CPH, Inc., Environmental Services(CPH) has prepared a proposal of services and fees to provide certain environmental consultant services for the above referenced project.CPH, Inc.hereinafter known as CPH or CONSULTANT proposes to furnish Heritage Bay CDD,LLC,hereinafter known as the Client,the professional services described belowforthefees stipulated herein. A. ENVIRONMENTAL SERVICES PROJECT DESCRIPTION Goal:To maintain aesthetically pleasing and healthy lakesthroughout property.Lakes within the property have been permitted and designed to treat and store stormwater drainage from residential areas and golf course. Expectations: Lakes that are permitted and designed to accept and move stormwater in order to provide drainage should not be expected to have the ecological function or chemical composition as naturally occurring lakes in the region. Lakes can meet aesthetic objectives as well as their drainage and storage requirements through proper management.Fish and birdlife may occur in these lakes but cannot be expected to be uninfluenced by maintenance activities(specifically maintenance of littoral and submerged plant communities).Fish and wildlife observations were recorded in the Severn Trent Services Field Management Report(2016).Although wildlife can utilize lakes such as the ones found in Heritage Bay CDD,conditions can become unfavorable at times because of management actions such as vegetation removal or residential lawn maintenance applications. Water Quality Standards:State Surface Water Quality Standards are not applicable to permitted Lakes(stormwater and drainage ponds). By design,stormwater is directed to these water bodies carrying various pollutants commonly found in residential and golf course runoff. The water body's ability to assimilate such pollution is artificially diminished through vegetation and algae control.Vegetation and algae are a water body's primary means of assimilation and response to nutrients.Nutrients are Florida's primarysurfacewater pollutant. Water quality in this stormwater and drainage system should be considered in respect to management actions and with the realization that management actions affect water quality. When red ludwigia and Illinois pondweed (both native to Florida unlike Hydrilla)are targeted for chemical removal,a lakes natural response to assimilating nutrients is diminished. With nutrients once bound invegetation now available inthe water column through the process of decay,filamentous or planktonic algae will likely respond to the imbalance. Filamentous algae, stringy plant like algae found in shallow water around the perimeter of a water body,and planktonic algae,single celled algae that makes the water look green or brown,most commonly affect people's perception of"water quality".Excessive growth of either form of algae is indicative of nutrient enrichment and an imbalance in the lakes floral community.Chlorophyll acan be sampled to determine the amount of chlorophyll found in the water column. Elevated Chlorophyll a levels are directly correlated with reduced water clarity,odor and the potential for algae blooms. Water Quality Improvements: Improvements can be made to individual water bodies such as the addition of aeration and enzyme treatments to counteract the rise of Chlorophyll a caused by management activities such as vegetation management. An EPA publication called "Lake Notes"Lake Aeration and Circulation suggests that 1611 " A1 aeration can increase fish and other aquatic animal habitat,prevent fish kills,and improve quality of water supplies and decrease treatment costs. EPA also acknowledges in some cases nuisance algal blooms can be reduced or a shiftto less objectionable algae species can occur. Enzyme treatments are also available to speed up a lakes ability to assimilate and digest excess nutrients and organic sediments that also contribute to algae blooms.With successful application of these treatments,sediments should change from small(mucky)organic particles to larger,coarser sand particles. Nutrients are also"consumed" making them unavailable to algal communities.Aeration or enzyme treatments could be focused on waterbodies that are not achieving management goals.This type of management(enzymes)has the potential to reduce the frequency ofdredging lakes(stormwater ponds). .Water Quality Monitoring: Prior to any changes in the way of water quality improvements,a baseline study should be performed on all thirty lakes in order to measure the efficacy of any water quality improvements,or illuminate areas of growing concern.To begin the study,all lakes would be sampled for the following parameters to establish a base line.Future sampling could be focused toward lakes with active water quality improvement efforts.Measurable analytes thatwill assist in water quality improvement analysis are: • Chlorophyll a-Mostvisual representation ofwaterquality • Total Nitrogen-Contributes to elevated Chlorophyll a levels • Total Phosphorus-Contributestoelevated Chlorophyll a levels • Sediment Particle size-Reflects the presence or absence of organic muck(optional but not required for WQ) • Secchi depth-Reflectswaterclarity(sampling were appropriate) • Dissolved Oxygen-Reflects the amount of oxygen inthe water available to fish • pH-Reflects the acidity or alkalinity of the water • Conductivity-Measures ioniccontent,linked directly with dissolved solids • Temperature-Used in analysis of dissolved oxygen values This analysis should be repeated at least quarterly to reflect seasonal variation and interpreted in a time period that will reflect annual trends.A report will be generated discussing identified concerns,baseline water chemistry results, implemented strategies(management activities)to address identified concerns and post management water quality sampling results. All samples should be collected and analyzed per Florida Department of Environmental Protection Standard Operating Procedures.Samples should be grab samples at 0.5 meters from the surface as per FDEP aqueous sampling SOP. Grab samples can be taken from shore if open water can be reached and is uninfluenced by emergent vegetation. Disturbing sediments in the immediate area of sample collection should be avoided. Unless dictated by permit,program or order,sampling at or near structures(e.g.,dams,weirs or bridges) may not provide representative data because of unnatural flow patterns.Samples should be taken to reflect stable conditions, avoiding heavy rainfall events and drought.Deep water and profile samples are not needed.Samples need only be collected from the photic zone,the surface layer where sunlight can influence Chlorophyll a levels.Sediment particle size should be collected from the middle of awater body.It should be understood that sediment particle size will take the longesttime to reflect changes caused by water quality improvements. CPH, Inc.has been requested to perform a Baseline Monitoring for all lakes and Quarterly Monitoring for up to 29 Lakes.CPH shall collect limited water quality data within approximately 29 lakes/stormwater management ponds within the community development district boundary. 1611 ' A1 SCOPE OF SERVICES 1.1 BASIC SERVICES CPH shall provide,orobtain from others,all labor,material and equipment to perform the following services: Water Quality Monitoring CPH shall sample Chlorophyll a,Total Nitrogen,Total Phosphorus,Dissolved Oxygen, pH,Conductivity, and Temperature at a Baseline Monitoring Event and Quarterly thereafter for up to 29 lakes within the development boundaries.Atotal of 4 monitoring events shall beconducted. );,>-During the baseline and quarterly water quality sampling events,CPH scientists shall photograph lakes and document the aquatic vegetation observed as appropriate. CPH shall report any issues observed during the water quality monitoring events to the Client via email within 5 working days of the monitoring event. );;>-After twelve months of monitoring,CPH shall prepare a report of results describing the quality of the water based on the parameters sampled.The report shall include pictures of the lakes sampled,graphic depicting the location of the sampling area,list of aquatic vegetation observed in each lake sampled and CPH shall make recommendations on lake management based on management activities conducted over the 12 months and the results of the water quality sampling. Additional Services Provide other professional and technical services notspecifically identified in Section 1.1 above. B. SURVEY 1.2 Bathymetric Analysis Topographic Survey: Perform a Topographic Survey as per Rule Chapter 5J-17 of the Florida Administrative Code in compliance with the standards of practice of surveying and mapping of the State of Florida. Collect topographic data at 200 foot cross sections and depth soundings on lakes as depicted within the red area on the attached "Survey Site Exhibit" to include top of silt, top of bank and apparent hard bottom at lake soundings where accessible. Apparent hard bottom elevations will not be collected on lakes/ponds with a depth greater than 20 feet. Provide six(6) site benchmarks. Signed and sealed Topographic Survey. State Plane: 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. Benchmarks and Control: 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. 16I1A1 Services under Basic Services, Task 1.2 above shall be provided as a Fixed Fee of $22,190; Note: A $1,080.00 mobilization fee will be required for each additional site visit. This cost shall not be exceeded without Client authorization. Invoices for Basic Services will be submitted monthly based on percent complete. 2.1 COST AND COMPENSATION 2.2 Basic Services Services under Basic Services,Task 1.1 above shall be provided as a Fixed Fee of$9,800 for the Baseline Monitoring Event of Heritage Bay water bodies.This cost shall not be exceeded without Client authorization. Invoices for Basic Services will be submitted monthly based on percent complete. Services under Basic Services,Task 1.1 above shall be provided as a Fixed Fee of$9,300 quarterly(for three quarters)to monitor approximately 29 water bodies for a total of$27,900.This cost shall not be exceeded without Client authorization.Invoices for Basic Services will be submitted monthly based on percentcomplete. Services under Basic Services,Task 1.1 above for the Annual Report shall be provided as a Fixed Fee of $3,000.This cost shall not be exceeded without Client authorization. Invoices for Basic Services will be submitted monthly based on percentcomplete. 2.3 Additional Services Invoices for Additional Services will be provided on an hourly plus expense reimbursement basis. Invoices for Additional Services will be submitted monthly. Sediment particle size sampling can be provided, if requested by the client on an as needed basis.This Additional Service shall be provided as a Fixed Fee.A total of 10 lakes shall be sampled in one event and samples analyzed at a laboratory and the report shall be provided to the Client.This Additional Service shall be provided as a Fixed Fee of $3,800. This cost shall not be exceeded without Client authorization. Invoices for this Additional Service associated with sediment particle size sampling will besubmitted monthly based on percent complete. 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. ENVIRONMENTAL SERVICES 1.1 Baseline Monitoring Lump Sum $9,800.00 Quarterly Lake Monitoring Lump Sum $27,900.00 Annual Report Lump Sum $3,000.00 Sediment Sampling Lump Sum $3,800.00 B. SURVEYING 1.2 Bathymetric Analysis Lump Sum $22,190.00 1 6 1 1 A 1. 3.0 RESPONSIBILITIES OF OTHERS The Client shall guarantee access to and make provisions for CPH to enter public or private lands as required by CPH to perform theirwork under this Agreement.It is understood that CPH,Inc.will perform services under the sole direction of the Client or his designated representative. In the performance of these services, CPH will coordinate its efforts with those of other project team members and consultants as required. The Client shall provide CPH with all project related information available including the existing land plan,property legal description,title work,boundary and topographic surveys, geotechnical investigation reports, etc. CPH will rely upon the accuracy and completeness of all Client furnished information in connection with the performance of services under this agreement. 4.0 SERVICES NOT INCLUDED The following services are not anticipated and,therefore,not included inthis Agreement at this time: Environmental studies and coordination of environmental issues with the regulatory agencies. Wetlands Permitting Gopher Tortoise Permitting and Relocation Sand Skink Consultation and Studies Specific Wildlife Assessments and Permitting Review of an alternative product in lieu of the product called for on the plans and specifications Services resulting from changes made byclientfollowing the completion of specific projecttasksthat require re-work by CPH Special meetings with agencies,other consultants or Client not normally required to perform the work described inthe Scope of Services,except those meetings specifically identified in the above Scope of Work Phase Iland remediation Any other issues not specifically described in this proposal Should work be required in any of these areas,or areas not previously described,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. 5.0 AUTHORIZATION Should the agreement be acceptable,please sign,retain a copy for your records,and return a copy to CPH as our notice to proceed. We look forward to working with you on this endeavor. Should you have any questions, please call Amy Daly at(407)322-6841. 16 1 1 Al CPH,INC AUTH•RIZATION l-) By: /IAA - Amy .D:1w,LEED AP Title: Vice President/Director of Environmental Services Date: April 25,2016 CLIENT AUTHORIZATION HERITAGE BAY CDD,LLC agrees with the Scope of Services,Compensation,and Standard Provisions Exhibit A (attached hereto and acknowledged as being received).Together they constitute the entire Agreement between CPH,INC.and HERITAGE BAYCDD,LLC. The fees for Basic Services proposed herein are estimated at$66,690. 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 CLI ENT 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 oftermi nation or suspension ofwork for nonpayment of the invoices. This proposal is void if not executed and returned to the CONSULTANT within 60 days of the CONSULTANTS execution of the proposal. By: HERITAGE BAY CDD,LLC Print Name: Title: Date: 1611 ! A1 EXHIBIT A Standard Provisions toAgreement Agreement between HERITAGE BAY CDD. LLC (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 April 25, 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 CPH, Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/AfrirmativeAction Employer 1611 y Al 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. Underaround 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. ExhibitA Page 2of 5 CPH, Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer 1611 A 1 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. Checkina of Shoo Drawinas 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-existina 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.) ExhibitA Page 3of 5 CPH, Inc.-FL Rev 6/2013 Owner/ClIent Initials CPH is an Equal Opportunity/Affirmative Action Employer 1611Al Governina 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 Damaaes 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 Develooment. 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 4of 5 CPH, Inc.-FL Rev 6/2013 Owner/CllentInitials CPH is an Equal Opportunity/Affirmative Action Employer 1611 ' Al 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 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 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 ExhibitA Page 5of 5 CPH, Inc.-FL Rev 6/2013 Owner/Client Initials CPH is an Equal Opportunity/Affirmative Action Employer 1oI11 Rates & Reimbursables CPH STANDARD RATES CPH STANDARD RATES Category Rate Category Rate Principal $160 Principal Landscape Architect $160 Sr.Project Manager $150 Sr.Landscape Architect $125 Project Manager $140 Landscape Architect $105 Professional Engineer $130 Sr.Landscape Designer $100 Sr.Project Engineer $125 Landscape Designer $85 Project Engineer $115 Project Designer $110 Project Coordinator $90 Principal Traffic Engineer $160 Sr.Design Technician $105 Sr.Traffic Engineer $135 Design Technician $95 Traffic Engineer $115 Sr.CADD Technician $85 Traffic Analyst $105 CADD Technician $75 Senior Graphic Designer $125 Principal Environmental Scientist $160 Graphic Designer $75 Senior Environmental Scientist $125 Lead Environmental Scientist $105 Administrative $75 Clerical II $60 Environmental Scientist $95 Clerical I $40 01$Analyst $105 Network Admin.(I) $80 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 $160 Sr.Professional Surveyor $130 Principal Architect $160 Professional Surveyor and Mapper $125 Sr.Architect $140 Field Technician/Designer $105 Senior Architectural Manager $130 Surveyor in Training $100 Architect $125 Survey Project Manager/CADD $100 Field Crew Coordinator $95 Senior Architectural Designer $120 Survey Party Chief $75 Architectural Designer $105 Survey Instrument Man $65 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 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 Crew $290 MEP Project Designer $110 MEP Design Technician $95 Schedule of Reimbursable Charges Copies(B&W) Plots(B&W) Mileage At Current IRS 8.5 x 11 $0_05 Each 11 X 17 $0.21 Each Rates 8.5 x 14 $0.10 Each 12 X 18 $0.24 Each Phone At Cost Postage At Cost 11 x 17 $0.20 Each 15 X 21 $0.33 Each Outside Reimbursables At Cost 34 X 22 $0.83 Each Copies(Color) 24 X 36 S 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 50.35 Each Billing and Reimbursable Rates Are Subject To Periodic Review and Adjustment. Mylars Plots(Color/Bond) Update&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 loag 161FA1 Heritage Bay & The Quarry Joint Committee for Maintenance of the Surface Water Management System (SWMS) Minutes of April 21, 2016 Meeting The meeting was called to order at approximately 9:00 a.m. Present: Jack Osborn, Heritage Bay Umbrella Association, Inc. Laura Severance, Heritage Bay Umbrella Association, Inc. Ed Hubbard, Heritage Bay CDD Jack May, Heritage Bay CDD David Thomas, The Quarry HOA Roger Gifford, The Quarry HOA Also Present: Scott Brooks, The Quarry CDD Josh Evans, J.R. Evans Engineering (District Engineer, Quarry CDD) Adam Radler, Quarry Community Association Manager Mr. Osborn began by noting the purpose of this Joint Committee, which consists of two representatives each from the Umbrella Association, the Heritage Bay CDD, and the Quarry HOA. The Committee is informal and has no intrinsic powers, nor will its members be casting formal votes. Its members represent the interests of the respective entities with which they formally serve. The purpose of the Committee is to enable its members to arrive at a mutually acceptable agreement regarding maintenance of the Surface Water Management System (SWMS)that is shared by Heritage Bay and The Quarry, and to determine the proper and mutually acceptable role of the Umbrella Association in this process. As Mr. Osborn related, the developers originally created the UA with the expectation that it would be responsible for maintenance of the entire SWMS in both communities, but that plan was never implemented and, instead, the two communities have separately maintained the portions of the SWMS within their respective boundaries. It is the sense of the Committee that such separate maintenance should continue in the future, subject to a mutually acceptable agreement outlining Best Maintenance Practices(BMP) and providing for mutual accountability for the maintenance done on each side. It was noted that such an approach would be consistent with the permit authority of the South Florida Water Management District, which now separately assigns permit responsibility for most of the SWMS to the two CDDs. 1 1611 ` A 1 Ms. Severance observed that, under the Umbrella Association's own documents, the UA cannot be dissolved without the prior approval of the SFWMD. She shared a document that excerpted and referenced various provisions of the UA documents(attached). Mr. Hubbard and Dr. Thomas, who are the principal representatives of the two operating entities that have actually been maintaining the SWMS, were then invited to make opening statements. Mr. Hubbard offered what came to be regarded as sound BMP Principles,which included: (1) vigilance regarding maintaining the integrity of the SWMS, (2) ensuring the long-term viability of the SWMS, (3) preparing to address future needs by maintaining reserves, (4) communications with homeowners, and (5)financial accountability/reserve planning. He expressed the view that the UA would not be helpful in overseeing maintenance, and noted that if either CDD failed to properly maintain the SWMS, it would have to answer to state authorities. Dr. Thomas responded by fully endorsing the stated BMP Principles. However, expressed the view that the UA should have an oversight function. Discussion then turned to the specifics of maintaining the various facets of the SWMS, as well as the need to find common ground as to BMPs. Control Structures: It was agreed that, while the control structures are extremely important, their maintenance is not complicated: they should be inspected periodically, and kept clear of debris and vegetation. Our control structures should have a very long useful life, perhaps 75 years or more. Mr. Evans noted that they have no moving parts. Some or all of them do have a baffle. Mr. Hubbard noted that the HB CDD already had to re-anchor one weir at one of the main discharge points into Cocahatchee Canal. Mr. Hubbard also noted that the HB CDD inspects the control structures on the HB side monthly, and is keeping a reserve to address a possible future repair/replacement on the HB side. It was agreed that each community will properly maintain the control structures on its side of the SWMS, and will report annually to the other community the specifics of its own control structure maintenance activities during the prior year. It also was agreed that the contractor conducting inspections for either the Quarry HOA or the HB CDD(to be determined)should inspect the control structure that is or may be located on the commercial property. It was stated that if there is concern for the control structure located on the commercial property, that concern should be reported to SFWMD and they would follow up with the controlling entity to ensure proper maintenance. It was not decided if that report to SFWMD was required at this time. Recreational Lakes: Depending on terminology, these are either three large lakes(30A, 30B and Stone)or one large lake extending between the two communities. Either way, the recreational lakes are significant(1)to both communities as a vital part of the SWMS, (2)to both communities for their aesthetic and property values, and (3)to The Quarry for boating and fishing. Mr. 2 1611. Osborn observed, and the Committee appeared to agree, that maintenance of the lakes should include (subject to agreement on specifics): (1) maintenance of littoral areas (erosion control), (2) control of vegetation, (3) removal of debris, (4) monitoring of water quality, and (5) sedimentation control. Dr. Thomas noted that a particular bacteria can be introduced into the ponds (a local application) in order to control sedimentation, so that the need for dredging could be extended from perhaps 7-10 years to perhaps 30-40 years or longer. The Quarry awaiting a FGCU report on a type of bacteria that can be used in ponds. Ms. Severance made reference to a SFWMD document that provides some guidance (though perhaps not specific requirements)for SWMS maintenance. There appeared to be general agreement between Dr. Thomas and Mr. Hubbard regarding the need for lake maintenance in the five subject areas listed above. With respect to control of vegetation, however, Dr. Thomas expressed the view that all invasive weeds(specifically including so-called Illinois Pond Weed) should be completely(or virtually completely) removed. He also felt that a mechanical cutting coupled with the chemical application should be done. Mr. Hubbard expressed a differing view, stating that his CDD would ensure that the area under and near the HB bridge is kept clear of weeds (to facilitate boating), but that it was neither necessary nor financially prudent to attempt to clear all weeds, particularly from the north side along the HB golf course and the south side along the littoral shelf of Lake 30B. He noted that the HB CDD had engaged Lakes and Wetland Management to advise them regarding proper lake maintenance, including weed control. Dr. Thomas advised that The Quarry HOA had engaged Professor Serge Thomas, PhD, Aquatic Ecologist and Asst. Professor from Florida Gulf Coast University, to provide similar advice (hopefully to be rendered within the next few weeks). [In extended remarks, Mr. Hubbard later desired to add: "For the record, although Illinois pondweed does represent a challenge for us in controlling its growth, it is a common native plant in Florida and is not considered an invasive, exotic plant."] It was agreed that both sides could benefit from objective, professional advice regarding lake maintenance, particularly with respect to weed control, that each side will share with the other such advice as it receives from its own consultant, and that each community will report annually to the HBUA and the other community the specifics of its own lake maintenance activities during the prior year. Ponds: With respect to ponds, it was agreed that proper maintenance of ponds throughout the SWMS is important to both communities so that the SWMS can operate as intended (even though boating is not a factor, and the aesthetic value of a pond is important only to the community in which the pond is located). Mr. Evans observed that, with proper maintenance, it likely would never be necessary to dredge our ponds. It was agreed that each community will properly 3 1611M maintain its own ponds, and will report annually to the HBUA and the other community the specifics of its own pond maintenance activities during the prior year. With respect to both lakes and ponds, it was noted that the introduction of grass carp sometimes is viewed as a proper weed control measure, but that controlling the grass carp population can be quite difficult and that grass carp can end up devouring desirable vegetation. All parties agreed that, given the design of our common SWMS, it would be difficult or impossible to keep grass carp introduced anywhere in the SWMS from spreading throughout all lakes and ponds in the SWMS.Accordingly, it was agreed that neither community will deliberately introduce grass carp, or allow the introduction of grass carp, to its lakes or ponds without consultation with other community. Interconnects: With respect to interconnects, all parties agreed that regular inspection and periodic cleaning(as necessary) is the proper maintenance practice. It was noted that all or most of our interconnects are submerged virtually all of the time, so that detecting a build-up of sediment generally requires a video inspection, or can be found with reported standing water, and also can be found during the rainy season by watching water levels and addressing high levels that are slow to recede or lead to pooling. Mr. Hubbard observed that the HB CDD has an established program of inspecting interconnects, and already has shared the control sheet that reflects its inspection and cleaning activities. Mr. Evans noted that The Quarry HOA and CDD have implemented a program this year whereby 10% of the community's interconnects are inspected by video each year,with the result that 7-8 pipes are being cleaned out this year. It was agreed that each community will properly maintain its own interconnects, and will report annually to the HBUA and the other community the specifics of its own interconnect maintenance activities during the prior year. Swales & Berms: With respect to swales and berms, it was noted that our SMWS mainly includes berms, and that proper maintenance of berms consists primarily of period inspection for erosion and improper use of the berm area. Both communities indicated that such maintenance is being done. It was agreed that each community will properly maintain its own swales and berms, and will report annually to the HBUA and the other community the specifics of its own swale and berm maintenance activities during the prior year. Wetlands: With respect to wetlands, it was observed that most of the wetlands within our SWMS are owned by The Quarry HOA(although the SFWMD owns about 40 acres of wetlands within our SWMS). [Mr. Hubbard later questioned whether this was true, stating that the SFWMD property is north of our property line and outside of our berms which run along our north and northeast property line.] It was noted that the proper maintenance of wetlands 4 1611 ' Al consists of inspecting for and removing exotic invasive vegetation, and that The Quarry HOA has retained a firm to perform such maintenance. It was further agreed that, in addition to sharing the various reports and information noted above, the members of this Joint Committee will meet annually in order to discuss Best Maintenance Practices, share their experience in maintaining their respective portions of the SWMS, and consider possible cost- saving measures. Finally, there was discussion of the funds now held by and continuing to be collected by the Umbrella Association, including the proper disposition of such funds. Mr. Osborn and Ms. Severance indicated that, subject to a vote by the UA Board, it was their view that, once a mutually acceptable agreement regarding maintenance of the SWMS had been concluded between the two communities, such UA funds should be expended for SWMS maintenance through disbursement to the operating entity in each community(in proportion to the collection of such funds from each community), subject to retention by the UA such amount as the UA might deem appropriate for joint reserves. On the subject of joint reserves, Mr. Hubbard was skeptical of the need for joint reserves, while Dr. Thomas favored joint reserves. Without resolving this matter, it was agreed that the UA itself should determine whether it believes that joint reserves are appropriate, and if so, should offer a specific proposal for consideration by both communities as to the amount, the need,the intended purpose and the terms for disbursal of any such joint reserves. Ms. Severance offered that another and separate committee should be formed to discuss and propose how to finalize this next step for the HBUA. Mr. Hubbard expressed the view that it was not up to this Committee to discuss and/or determine what the UA felt was a reasonable reserve to maintain, and that, once the UA had made such a determination, he would review the specifics in order to determine whether his CDD could support such determination. The meeting was adjourned at approximately 10:45 a.m. 5 1611 Al Lake &Wetland �( J MANAGEMENT Heritage Bay Community Development District Custom lake management proposal May 5, 2016 • City of Fort Myers • Lee County • Florida Prepared for: Mr. Justin Faircloth / Property Manager Severn Trent Services 5911 Country Lakes Drive Fort Myers, Florida 33905 4,1; r • ty'�.� S,� �+ 044. ,F.@� ?:%fix k. Prepared by: Gonzalo Ayres Lake and Wetland Management, Inc. Orlando-Tampa Fort Myers Office Port Charlotte Office Suite #5 13721 Jetport Commerce Lane, 24610 Sandhill Boulevard, Suite 204 Fort Myers, Florida 33913 Punta Gorda, Florida 3398 (239) -1---947 Office • (239) 313 6950 Fax (941) 391-5387 Office• (941) 391 5018 Fax Orlando Office 4625 Old Winter Garden Road, Suite B4 Orlando, Florida 32811 (407) 985-4263 Office • (407) 985 4265 Fax lakeandwetland.com westcoast@lakeandwetland.com •www. 1611 ' Al '.,. f, Lake &Wetland _� MANAGEMENT LAKE SERVICE AGREEMENT This Agreement is made between Lake and Wetland Management, Inc. Orlando- Tampa, and: May 5, 2016 Mr. Justin Faircloth Heritage Bay Community Development District c/o Severn Trent Services Justin.faircloth@stservices.com 5911 Country Lakes Drive (239) 245 7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Both Heritage Bay C.D.D. (CUSTOMER) and Lake and Wetland Management (LWM) agree to these terms and conditions for Special Service Agreement: Description of Service A. Lake management service including algae, border grass, and invasive exotic plant control including submersed vegetation for twenty nine (29) lakes totaling approximately 55,054 linear feet. 1. LWM shall provide all supervision, labor, herbicide, equipment, materials and incidentals necessary for the maintenance treatment. 2. LWM will visit the site four (4) times monthly with treatments as necessary to control undesirable growth. A minimum of fifty two (52) visits will be performed annually (including quarterly aquatic consultations). 3. All Florida Exotic Pest Plant Council (FLEPPC) listed invasive exotic species will be treated in place with EPA-certified herbicides. No vegetation or algae will be removed from the waterway. 4. Native vegetation will be left for the benefit of fish and wildlife, unless otherwise requested. 5. Casual debris, defined as cups, plastic and other man-made materials, will be removed during scheduled service visits. Large or dumped items, coconuts, palm fronds and other landscape debris are not included. 6. A comprehensive management report will be submitted detailing work performed upon completion of each service visit, one hard copy to the Golf Course Superintendent, one electronic copy to Severn Trent. Lake and Wetland Management, Inc.Orlando-Tampa (239)313-6947 Office • (239)313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com 16 11 Al Lake Service Agreement Page2 7. Algae Control. Algae will be maintained to within the littoral shelf only. Any algae that expands beyond the littoral shelf will be chemically treated upon identification. Algae will be manually removed if chemical treatment fails. 8. Border grasses, vines and brush will not exceed 3%. 9. Quarterly water samples will be performed to test pH, temperature & Dissolved Oxygen for up to 5 sites. 10. Aquatic Consultation on a quarterly basis with staff. 11. Littoral Zones/ Plantings: A. Littorals behind residential homes will not exceed a maximum width of five (5) feet. Any littorals growing outside of this zone will be treated. B. Littorals along the golf course & common areas will be left in their natural state. C. No littorals will be left within the driving range portion of Lake 1 including the area with fountain. 12. Ground crew will manually pull weeds on each lake every month (12 times per year). All debris will be hauled off site. B. Lake management service (30A and 30B) including algae, border grass, submersed vegetation and invasive exotic plant control for one (1) lake and one (1) lake shore line (East bank of 303) totaling 9,690 linear feet. *Price below includes additional Rip Rap wall. 1. LWM shall provide all supervision, labor, herbicide, equipment, materials and incidentals necessary for the maintenance treatment. * Treatments will include aggressive treatment of Pondweed growing up form bottom of lakes. 2. LWM will visit the site twice monthly with treatments as necessary to control undesirable growth. A minimum of twenty four (24) visits will be performed annually. 3. All Florida Exotic Pest Plant Council (FLEPPC) listed invasive exotic species will be treated in place with EPA-certified herbicides. No vegetation or algae will be removed from the waterway. 4. Native vegetation will be left for the benefit of fish and wildlife, unless otherwise requested. 5. Casual debris, defined as cups, plastic and other man-made materials, will be removed during scheduled service visits. Large or dumped items, coconuts, palm fronds and other landscape debris are not included. 6. A comprehensive service report will be submitted detailing work performed upon completion of each service visit. Lake and Wetland Management, Inc.Orlando-Tampa (239)313-6947 Office • (239)313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com loll Al Lake Service Agreement _ Page 3 Investment Schedule • A. LWM agrees to perform the lake management service stated above on a monthly basis for the total sum of$4,449.55 monthly. B. LWM agrees to perform the lake management service (30A and 30B) stated above on a monthly basis for the total sum of$1,000.00 monthly. 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 18.0000/0 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. 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. onzaCo Ayres Gonzalo Ayres Authorized sit Ire re Date Lake and Wetland Management, Inc. Orlando-Tampa Heritage Bay C. .D. Lake and Wetland Management, Inc.Orlando-Tampa (239)313-6947 Office • (239)313.6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com loll Al Subject: FW:Proposed Memorandum of Understanding, HBCDD and SFH1 Attachments: HB CDD -SFHCDD Memorandum.pdf From: Edwin B Hubbard[mailto:hubbsbufloPhotmail.comj Sent:Sunday,April 24,2016 11:22 AM To:Tom and Anita Bava<tomb123@comcast.net> Cc:Faircloth,Justin<Justin.Faircloth@stservices.com>;Ed Hubbard<hubbsbuflo@ hotmail.com> Subject:RE: Proposed Memorandum of Understanding,HBCDD and SFH1 Tom a few comments regarding your proposed memorandum. First of all,thanks for taking a good proactive approach to this. My Field Service Engineer and I drove behind all homes on LBC and EBC and I was amazed at the amount of plantings along the berm;installed by the Developer,I assume,as well as homeowners. It would not make sense at this point to have all of this removed as you and I discussed. My engineer and I feel we should leave everything as it is and restrict any new plantings.Removing the plantings would only damage the berm and hasten damage/erosion. You and I discussed'grandfathering'everything that is planted and have each home identified as to what is behind each home by lot or home number;otherwise there is no way to control new plantings.Please consider this. We agree that everything should remain in natural state but I would caution you that the CDD will not under any circumstances trim anything on the berm;it is designed to be in a"natural state"and this goes with the plantings as well. If the SFH1 wants to trim trees,bushes,etc then you can do so but not at our expense. And of course removal of trimmings is the responsibility of SFH1 as well.Any removal of any existing plantings must be reviewed with the CDD for approval to ensure there is no damage to the berm. Any plantings which the Developer perhaps planted(note the CDD has planted NO trees,etc)cannot be removed.Example;palm trees,cocoa berry bushes,etc Additionally,as with all berms in the community(and they do encircle all of HB),we do not maintain them in terms of irrigation. If your homeowners expect this area to be green,then it should be up to the SFH1 to irrigate as appropriate. It is a"natural"berm and will remain so. If there is damage to the berms due to natural causes,then the CDD would be responsible to maintain and/or fix. This does not mean brown grass as long as the berm's integrity is intact. Example;Gary Johnson home. This berm is intact but the grass is brown in a few spots at the top. If SFH1 feels that irrigation is warranted due to the homeowner's request,this should be at your expense. Please consider these comments in developing a proposed memorandum and let me know so that I can review at our May 5 meeting. Thanks,Ed Ed Hubbard 10263 Gator Bay Court Naples,FL 34120 (239)793-5468 (239)248-4497(c) 1 16 ( 1 Al From:tomb123@comcast.net Subject: Proposed Memorandum of Understanding, HBCDD and SFH1 Date: Sat, 23 Apr 2016 15:03:50-0400 CC: heatherm@visiongolfmanagement.com To: hubbsbuflo@hotmail.com; Irbrodeur88@icloud.com;craig@thecurrans.ca The attachment is a proposed MOU between SFH and our CDD regarding the berm areas behind the homes on the west side of Lions Bay and Escambia. Below is the recent letter from the CDD,followed by the proposal, followed by the 2015 email sent to the affected owners. The plan is to provide the CDD with the MOU after our Tuesday SFH BOD meeting so it can discussed and approved at the May 5 CDD meeting. Please pass your comments back to me so I can edit the document as necessary in time for Tuesday's meeting. Thanks, Tom Bava Hi Tom I would appreciate you looking into this latest development of homeowners encroaching on CDD properties. During a recent review of all the CDD properties and lakes, conducted monthly by our CDD Field Service Engineer, issues were observed with the berm along the preserve property adjacent to Lions Bay Court. This berm was constructed by the Developer and represents a critical function in the entire Storm Water Management System at Heritage Bay and includes the drain swale in front of the berm as well. Behind the homes on Lions Bay Court damage was noted and consisted of dying grass that has been replanted and an area where it seems a planting has been removed and the soil is now exposed. Plantings were also noted on the top of the berm. While the planting of various plants may seem harmless, and in fact result in a more beautiful yard, we are faced with the dilemma of allowing some plantings and drawing the line on others. After a lengthy discussion at our Board of Supervisor meeting on March 3, it was determined that the best way to handle this issue going forward is to stop all plantings on CDD properties; specifically the berms and swale areas. Additionally, we ask that you inform Buttonwood not to install any plantings in this area. We must once again ask you to intervene with the homeowners along all preserve areas (Lions Bay Court and Escambia Bay Drive) and ask them to stop infringing on CDD properties as well as remove and/or replant these plantings on their specific property. Please call me and we can discuss this issue and how best to address it going forward. I have included specific pictures from our Field Service Engineer for your reference. 2 1611 Al Thank you as always, Ed Edwin B Hubbard Chairman, Heritage Bay Community Development District ehubbard@heritagebaycdd.com (239) 793-5468 (H) (239) 248-4497 Begin forwarded message: From:Tom Bava<tomb 123@comcast.nct> Subject:Yard waste disposal unto CDD/Quarry Preserve Date:May 19,2015 at 12:35:46 PM EDT To:Dean Jones<HDJ0727@bellsouth.net>,Tom Bohardt<tbohardt@yahoo.com>,D'Annunzio James'jdannunzio22/4aol.com>, Dame James&Sue<jsdameiii@msn.com>,Eggers Robert<bobiniowa538 aol.com>,Klein Jim<luannkleiniagmail_com>, I landlos Ron&I Idea<ronandhelen456(cr`hotmail.com>,Murray Joe<dcmcc@btopenworld.com>,Jack Osborn <Jaektall crhotmail.com>,srushford@comcast.net,Woods Alice Alice<awoods(r�charter.net>,Whyte Elizabeth <lizwhyte012 a,btintemet.com>,Brisebois Deborah<debbrisebois@rogers.com>,Pete Krug<plkrug@cifii.com>,Gail David Reese&<gandaree@comeast.net>,Lee Rhonda Sleiter&<Irsbythebay n,gmail.com>,Jeff Beres<inb58(i4aol.com>,Pratscher Gary and Maureen<vegasgolf@aol.com>,Cohen Steve<srcohcn4@grnail_com>,Divgi Ajit&Arati<ajitdivgi@gmail.com>, Brady Stephen&Cynthia<spclh2@yahoo.com>,Rogers Mike<mrogers@randmrecycling.net>,Rogers Mike&Anna <rogers984041)yahoo.com>,Bizzarro Louis&JoAnn<bizzusmc@comcast.net>,Gloria O'Keefe<glokcefenu roeers.com>,Van Senus Judy&Fred<judyvansenus@sb global.net>,Gina Johnson<jcjandgi@aol.com> Cc:Brodeur Dick&Linda<Irbrodeurs8t aol.com>,Curran Craig<craigt 1hecurrans.ca>,Hubbard Ed/Lynn <hubbsbuflo@hotmail.com>,Kris Caldwell-Lanz<KrisL@visiongolfmanagement.com> Owners: It has been brought to our attention by the Heritage Bay CDD management company that yard waste is being dumped into the preserve areas at the rear of some homes along Lions Bay Ct. and Escambia Bay Ct. I asked Buttonwood to review the areas and they claim that owners must be dumping palm fronds and other trimmings over the berm into the preserve. These areas are owned by and managed by The Quarry and any trimming,cutting, plantings or alterations in this area is not allowed;this includes the berm areas for which the Heritage Bay CDD has responsibility. This is an unacceptable practice and must stop immediately. To remedy the situation I've instructed Buttonwood to retrieve the debris and dispose of properly. They note that should owners trim fronds from bushes or trees on the berm,they should bring the trimmings to the edge of the road where Buttonwood will pick them up periodically during the week. If owners have any questions,please contact me at 239-234-5373 or Buttonwood at 239-353- 9891. Thanks for your cooperation. Tom Bava President-Single Family Homes I at Heritage Bay 3 1611A1 DATE: MEMORANDUM OF UNDERSTANDING BETWEEN: THE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT (CDD) AND SINGLE FAMILY HOMES I AT HERITAGE BAY HOA (SFH1). BACKGROUND: THE CDD HAS FILED TWO: At TEN COMPLAINTS AGAINST SFH1 IN THE PAST E• DESCRIBING BREACHES OF CDD PO ICY RELA 0 VEGETATION ALONG THE BERM S r •ATING HERITAGE BAY AND THE PRESE ' AREA OWN .D AND MAINTAINED BY THE QUARR • THE SHF1 AREAS CITED WERE BEHIND HOME ' • : T . EST SIDE OF LIONS BAY COURT AND ES► • BIA BA i URT. THE INITIAL COMPLAINT CIT R • SF 1 FOR • OWING OWNERS TO DUMP VEG' I P PALM FRONDS, ETC.) INTO THE QUARRY PRESE ' ALONG LIONS BAY COURT, AND THE S •ND C S •L• INT DESCRIBED THE EXISTENCE OF I. ED ETATION (PALMS, SHRUBS, ETC.) ON Ti'11, > ONG BOTH STREETS. SFH1 BOAR D. "IRE l ' OR HAS INVESTIGATED BOTH COMPLAIN' 4. A HAS KEN THE FOLLOWING CORREC • C ' •• • 1. NOTIFI L. • L . 'NERS WHOSE PROPERTIES H RM AND PRESERVE TO CEASE I U G USE INTO THE PRESERVE. THIS / = VAS H• DL D VIA EMAILS TO ALL OWNERS ONG HE BERM FOR THE ABOVE 2 STREETS. D ` k AY 19, 2015. 2. RE a STED OUR LANDSCAPING CONTRACTOR TO • MOVE SUCH REFUSE FROM THE PRESERVE AREA. 3. NOTIFIED OUR LANDSCAPING CONTRACTOR TO CEASE ENGAGING WITH OWNERS REGARDING THE INSTALLATION OF PLANTINGS OUTSIDE OF OWNER'S PROPERTY LINES. 4. AUTHORIZED SFH1 TO ENGAGE IN AN AGREEMENT WITH THE CDD TO NOTIFY ALL AFFECTED PROPERTY OWNERS TIIAT; 1 6 1 1 A 1 ' A. AS OF THE ABOVE DATE IT IS AGREED THAT SFH1 OWNERS OF PROPERTIES ABUTTING THE CDD BERM ALONG LIONS BAY COURT AND ESCAMBIA BAY COURT WILL CEASE INSTALLING VEGETATION ON THE BERM THAT SEPARATES HERITAGE BAY AND THE PRESERVE AREA. B. EXISTING VEGETATION CAN REMAIN, HOWEVER PALMS AND SHRUBS MUST REMAIN IN THEIR NATURAL STATE AND CANNOT BE TRIMMED OR PRUNED UNLESS PERMITTED OR PE ORMED BY THE CDD. 5. THE CDD WILL PROVIDE NOR L MAINTE CE OF THE TURF ON THE BERMS THIS UNDERSTANDING IS ' ► ';JE► 0 THE APPROVAL OF THE SFH1. • .RD 0 'ECTORS AND THE GOVERNING BOA •-, OF .UPER ORS OF THE HERITAGE BAY COMM EVELOPMENT DISTRICT. ,N. 1r t " r a r 4.1 F -_tom• #� f 1sr 1611 Al INSTR 5263962 OR 5271 PG 2614 RECORDED 5!10/2016 3:31 PM PAGES 14 W{GHT E BROK,CLERK OF THE CIRCUIT COURT This instrument was prepared COLLIER COUNTY FLORIDA without an opinion of title and REC$120.50 after recording return to: Gregory L.Urbartcie,Esq. p Coleman,Yovanovich&Koester,P.A. 4001 Tamiami Trail North,Suite 300 Naples,Florida 34103 (239)435-3535 (space above this line for recording data) INTERLOCAL AGREEMENT RELATING TO SFWMD PERMIT REQUIREMENTS THIS INTERLOCAL AGREEMENT i,RELATE TO SFWMD PERMIT REQUIREMENTS(this"Aereemcnt")is made this 5 day of !`�1 ar/ , 2016, by and between HERITAGE BAY COMMUNITY DEVELOPMENT DISPRICT, an independent special district established pursuant to Chapter 190, Florida Statutes ("Heritaee Bay") and QUARRY COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190,Florida Statutes("Quarry"). Heritage Bay and Quarry are sometimes collectively referred to herein as the"Parties"and individually as a`Party". WITNESSETH: WHEREAS,Section 163.01,Florida Statutes,permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with each other to provide services in a manner that will accord best with geographic, economic,population and other factors influencing the needs and development of local communities;and WHEREAS, each of the Parties is a local unit of special purpose government organized and existing in accordance with the Uniform Community Development District Act, Chapter 190, Florida Statutes, as amended, and established pursuant to ordinances of the Collier County Board of County Commissioners;and WHEREAS, the surface water management and drainage systems for both the Heritage Bay development and the Quarry development were constructed pursuant to Permit #11-02234-P-10 (the "SFWMD Master Permit")issued by South Florida Water Management District("SFWMD")and various modifications to SFWMD Master Permit submitted through separate applications;and WHEREAS, on or about April 10,2008,based upon an application submitted by co-permittees Centex Homes and Lennar Homes, LLC, SFWMD approved Application Number 060928-16 (the "Approved SFWMD Application") as a modification to the SFWMD Master Permit. A copy of the original Approved SFWMD Application is attached hereto as Exhibit"A"; and WHEREAS,as part of the conversion of the Approved SFWMD Application from the construction phase to the operation and maintenance phase,SWFMD advised that Heritage Bay and Quarry would need to be co-operating entities for the Approved SFWMD Application(as has been amended and/or modified); and Interlocal Agreement Relating to SFWMD Permit requirements Page 1 oa7 1611At WHEREAS,the Parties by this Agreement desire to delineate their responsibilities for operation and maintenance under the Approved SFWMD Application(as has been amended and/or modified); and WHEREAS,Heritage Bay shall be the entity responsible for the operation and maintenance of the surface water management system authorized by the Approved SFWMD Application within the real property owned by Heritage Bay and/or within Heritage Bay's jurisdictional boundaries;and WHEREAS, Quarry shall be the entity responsible for the operation and maintenance of the surface water management system authorized by the Approved SFWMD Application within the real property owned by Quarry and/or within Quarry's jurisdictional boundaries;and WHEREAS,the Parties have the authority to enter into Interlocal Agreements pursuant to Section 163.01,Florida Statutes to provide for the mutual benefit of each community development district. NOW,THEREFORE,in consideration of the sum of Ten and No/100 Dollars($10.00),the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by and between the Parties,the Parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Purpose. The purpose of this Agreement is to set forth the relationships of the Parties with respect to the operation and maintenance responsibilities under the Approved SFWMD Application(as has been amended and/or modified). 3. Operation and Maintenance Obligations. (a) Heritage Bay Responsibility. Heritage Bay shall be solely responsible,at its sole cost and expense,for the following: (i)compliance with all requirements and obligations of Heritage Bay as a co-operating entity under the Approved SFWMD Application with respect to the real property owned by Heritage Bay and/or within Heritage Bay's jurisdictional boundaries; and(ii)any and all necessary or required maintenance,repair,and replacement of the surface water management system authorized by the Approved SFWMD Application with respect to the real property owned by Heritage Bay and/or within Heritage Bay's jurisdictional boundaries. (b) Quarry Responsibility. Quarry shall be solely responsible, at its sole cost and expense,for the following:(i)compliance with all requirements and obligations of Quarry as a co-operating entity under the Approved SFWMD Application with respect to the real property owned by Quarry and/or within Quarry's jurisdictional boundaries; and(ii) any and all necessary or required maintenance,repair, and replacement of the surface water management system authorized by the Approved SFWMD Application with respect to the real property owned by Quarry and/or within Quarry's jurisdictional boundaries. (c) General Standard of Maintenance. The surface water management system authorized by the Approved SFWMD Application shall be maintained,repaired,and/or replaced as required by the applicable Party designated above to keep the surface water management system in good operating condition as originally designed,permitted,and constructed and otherwise in a manner consistent with the present use and condition of the improvements as of the date hereof, which maintenance, repairs, and replacements shall be performed in accordance with all applicable governmental laws, codes, statutes, regulations,ordinances,permits and approvals. Interlocal Agreement Relating to SFWMD Permit requirements Page 2 of 7 1b 1 1 Al (d) Other Party's Breach. Notwithstanding anything to the contrary in this Agreement and for purposes of clarifying the obligations of the Parties,to the extent any maintenance or repair of the surface water management system authorized by the Approved SFWMD Application results from the breach by any Party of any of said Party's obligations contained herein,said breaching Party shall be solely responsible for all the costs and expenses incurred in such maintenance or repair or other restoration to the surface water management system which may be required. 4. Books and Records;Budget. Each Party responsible hereunder for maintenance,repair,or replacement of any facility described herein shall keep complete,accurate,and reasonably detailed books and records of each and every item of cost and expense paid or incurred for maintenance of the applicable facilities that are the subject of this Agreement. Each Party shall make such books and records available at reasonable times, upon prior written notice during normal business hours for inspection, review, and copying by each other Party and its designated representatives,including accountants and attorneys. Each Party shall keep and maintain all such books and records for a period of at least four(4)years from the end of the year to which they apply,or such longer period as otherwise required pursuant to Florida law. The Parties hereto recognize that under their respective legal powers, the Parties are unable to obligate themselves legally to spend funds in excess of one(1)budget year. However,the Parties do hereby bind themselves to use their best efforts to fully perform pursuant to the terms and conditions of this Agreement as they may be able to under the laws of the State of Florida and to appropriate funds necessary for such performance,subject to such budgetary constraints. 5. Notices. Any notice,request,demand,instruction,or other communication to be given to any party hereunder shall be in writing and either hand delivered,delivered by overnight courier, sent by first class mail,postage prepaid,sent electronically via email,or sent via facsimile transmittal. Any notice demand,request, or other communication shall be deemed to be given upon actual receipt in the case of hand delivery,delivery by overnight courier,email,or facsimile transmittal,or three(3)business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service,properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. Notices shall be addressed to the principal office of the intended recipient(as maintained with the State of Florida),with a copy to such recipient's registered agent. 6. Permit Modifications. No Party shall submit any application to any agency or governmental body to modify,alter,or amend the Approved SFWMD Application without first submitting a copy of any proposed amendment to all other Parties not less than sixty(60) days prior to submittal to any governmental agency. 7. Governing Law/Venue. This Agreement shall be construed in accordance with Florida law. Venue and jurisdiction for any action arising hereunder shall lie exclusively in the Florida state court of appropriate jurisdiction in Collier County,Florida. 8. Disputes/Enforcement. All disputes under this Agreement shall be governed in accordance with the requirements of Chapter 164,Florida Statutes. In the event that either party seeks to enforce this Agreement by court proceedings or otherwise,then the prevailing party shall be entitled to recover all fees and costs incurred,including reasonable attorneys'fees and costs for trial,alternative dispute resolution or appellate proceedings. 9. Prevailing Party. The prevailing party in any litigation arising out of this Agreement shall be entitled to recover from the non-prevailing party all attorneys'fees,paralegal fees,and costs incurred in connection with such litigation,whether pre-trial,at trial,in arbitration,on appeal,or otherwise. Interlocal Agreement Relating to SFWMD Permit requirements Page 3 of 7 1611 Al 10. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstances shall,to any extent,be declared invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement,or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable,and the validity and enforceability of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby,and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 11. Assignment. This Agreement may not be assigned by any Party,whether in whole or in part, to other party without the express written consent of the non-assigning Party,which consent may be withheld in their sole and absolute discretion. Any purported assignment in contravention of this Section shall,at the sole option of the non-assigning Party,be deemed null and void and of no force or effect. 12. Modifications. This Agreement may not be modified in any respect whatsoever or rescinded,in whole or in part, except by written instrument duly executed, acknowledged by the Parties and recorded in the Public Records of Collier County,Florida. 13. Binding Effect. This Agreement shall be binding upon the Parties, their successors and assigns. 14. Severability. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid,such provision shall be construed or deleted as such authority determines,and the remainder of this Agreement shall be construed to be in full force and effect. 15. Integration. This Agreement embodies the entire understanding of the Parties with respect to the subject matter contemplated herein, and the terms hereof control over and supersede all prior and contemporaneous understandings pertaining to the subject matter hereof. 16. Interpretation. This Agreement has been negotiated fully among,by and between the Parties as an arms'length transaction. All Parties participated fully in the preparation of this Agreement. In the case of a dispute concerning the interpretation of any provision of this Agreement,all Parties are deemed to have drafted,chosen, and selected the language, and the doubtful language will not be interpreted or construed against any Party. 17. Counterparts. This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original as against any Party whose signature appears thereon and all of which shall together constitute one and the same instrument. 18. Recording. This Agreement and any permitted assignments and modifications hereof shall be recorded in the Public Records of Collier County,Florida. 19. Effective Date. This Agreement and the rights conferred herein shall become effective upon filing with the Clerk of the Circuit Court of Collier County, Florida, in accordance with the requirements of Chapter 163.01(11),Florida Statutes,which date shall be set forth in the first paragraph of this Agreement at the time of recording. (Remainder of Page Intentionally Left Blank-Signatures Begin on Next Page) Interlocal Agreement Relating to SFWMD Permit requirements Page 4 of 7 1611A1 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. HERITAGE BAY: HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190,Florida Statutes ATTE : By: /111110 ilk Name: -'-�uy hj 10-i1:Secretary/Assisi-7'7 • Title: 6 14/V? P STATE OF FLORIDA ) ss. COUNTY OF COLLIER ) dayof The fpr- Ding instru ent was a9 nowledged before meS �this of H RITAGE BAY' 2016 by . LA, "- L v,4'Vkx ,as 5onally known to me or ( ) has produced COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes, who evidence of identification. (SEAL) N Y�BLIC , �y e:_ (Type r rin) My Commission Expires: rt410 Justin T. Faircloth = COMMISSION # FF190261 .. 17 EXPIRES:January 15,2019 '' �°;i��"`•�`\ www.AARONNOTARV.COM Signatures continue on the following page. Interlocal Agreement Relating to S WMD Permit requirements 1611 Al . EXHIBIT"A" Application Number 060928-16 Interlocal Agreement Relating to SFWMD Permit requirements Page 7 of 7 16 I, 1 A l �°.'�`"�`M'itilc o° wA SOUTH FLORIDA WATER MANAGEMENT DISTRICT WJb 9':> �; LOWER WEST COAST'REGIONAL SERVICE CENTER 2301 McGregor Boulevard,Fort Myers,FL 33901 '10s, ypi' (239)338-2929 • FL WATS 1-800-248-1201 • Suncorn 748-2929 • Fax(239)338-2936 • www.sfwmd.gov/lwc/ Environmental Resource Regulation Application No.: 060928-16 May 22,2008 CENTEX HOMES LENNAR HOMES L.L.C. 5801 PELICAN BAY BLVD,STE 600 4415 METRO PARKWAY SUITE 216 NAPLES,FL 34108 FORT MYERS,FL 33916 Dear Permittee: SUBJECT: PERMIT NO.: 11-02234-P Project : HERITAGE BAY- RECREATIONAL LAKE CROSS SECTIONS Location: Collier County, S13,14,23,24/T48S/R26E District staff 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 sealed by David S.Wilkison, P.E. from WilsonMiller, Inc on September 27, 2006. No modifications other than those specified herein are authorized by this letter. Based on that information, District staff has determined that the proposed activities are in compliance with the original surface water management Permit and appropriate provisions of FAC Rule 40E-4.331(2)(b). Therefore,these changes have been recorded in our files. Please understand that your permit remains subject to the Standard Limiting Conditions and all other Special Conditions not modified and as originally issued. Should you have any questions oncoming this matter,please contact this office. Sincerely ,\ 1 William Foley, P.E. Sr Supv Engineer Collier County Service Center WF/ps c: Collier County Engineer Wilsonmiller,Inc. /,/. /1';,'RICT HEADQUARTERS: 3301 Gun Club Road,P.O.Box 24680,West Palm Beach,FL 33416-4680 • (561)686-8800 • FL WATS 1-800-432-2045 V 1 6 1 1 A l NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat.,following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. . Not all the legal proceedings detailed below may be an applicable or appropriate remedy.You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla, Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be flied with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680,West Palm Beach, Florida 33416. • Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at(561)682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. 16 11 Al Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 112 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name,address and telephone number of the petitioner and petitioner's representative,if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none,the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist,the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner,stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may,for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension.A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District's Governing Board takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111,Fla.Admin.Code,unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Ha. Stat., and Rules 28-106.111 and 28-106.401-,405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120,573, Fla. Stat.,at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3)and 120.68,Fla. Stat.,a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. 1, 611 Al 4 II f?.9:i.. g 44, OD F— ; g ,. 3 3 3 ,C0 W-4'2 PI i CL 6 A i a a _ I , - i� yy y g t 9 v O • n Y R 3 0 1 1 �� n• 1 i, w N V $ yy ggYY ypp77yy a_❑❑ - LlJ ! . ! 4 § N ; 1G61&EE&5bu~i rc o.g a aaaaeaaaa° g _ .62- ., . . . . . e - - r . 1I- <4®��a®,<m$ g a_ 61 is 1 Qy 4 (o '�� r%,�a air W WSJ re,;:, J '.1 &af $ I,f Z �csi OD a 1 me ,g a A ! '4:::(- LECI I-- a_ N ,k ,»Om4 _1m W b ' 1 n n , iii 2x i < m o __. ■ Yrin771�iwViI IELI cc l Uji_PIEHIS ! ��++j a� i 110111 2 < s N, . inigailigill ..i' A 0 CO II ___11120.-lerarallie— amp i IU U1.��IV a f mals as awwwxee! xwltg 'c : EW5911!!g!!”9 " g "� . �; ar ��aY � (I) a ='. 'IvF. yt! '_ya . °I: 8Q0,011 ugV= uo ;s45 35A5 y1�' i SSW 1 5°."<4E !UPJg 6 5 tt g s m 1 s a� g a 5 56 J x d co d 6 A 4a m0. 4 K I fl d }f ... 1611 :,,,_ i I , J 1 ! s I a I;.1 gh ,; I\ 4 „ , ., 1 I �� :rt il; � If of 9j�E 1 Iii I It fiAl g Mt ..ri >■�r 1 / .ii �ai i 59 1rf� ! l a ii III t� Y t n� tl 11 1 ap -C/ 4 i gel � FrI6r .5' htE '1 I rib'. x X91 I � , r \ f?i �I jmcl17, e IP I M 0.0 1 L____ i 1 1 1 qtr 1 N, der It� ,.��—Ito � i r l. ,:,1 tai Pg h! I 4, 40Y : kg or m I t, iiI 1 : ____J___ of g2111711r t\I 411 Fi 1 E ... \ Mb n 4 111 9 ! � IN LII I gil i lk I I! I 11 4 1 , 1 111 5 .i t�= � II fps 4 i It i I trr 1tt rE I P a i IriI!.t 11 1r i, ri i.4F 11 II fibk,t _ Cgi I f I 11111 l6Ll ' t , .____, w al Q O Q N o r-, w r-. — o 0 rzi w .9_, g. s H gcvo H lt z w O a� �, H z E U H au E �' z Ca.( C a) a) A4 w -' -° o 0 a I) to cc) cct a, oa ou ON w 4 0 0 0 0 0 0 0 0 _ N N C(W ro ro h L. 3 CD 6 .:r '> > ^1:, Ct Q, Z Q' Q 1611 Al DATE: 04/12/2016 Copeland Southern Enterprises,Inc. OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth@stservices.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME:Lake#12 Erosion Repair and Drainage Installation. WORK DESCRIPTION: Rebuild and Reinforce 2 x 15 ft Eroded areas on the West Not-To-Exceed Fixed Fee based upon the Rate Lake bank with reclaimed material from Lake 12, Install 2 x 30 ft peaces of 6"ADS Schedule in effect at the time service is rendered: Drainage and 2 x 12"Catch Basins with a 2 way stub out for future hookups for Land $ owner.. REMARKS: I)All guest and golfers will need to be notified by the board,of the repair Lump Sum Fixed Fee: $ 2,975.00 project on Lake 12, to stay clear of the cordon off area and equipment during the project.2) All Sprinkler heads and lines within the work area must be clearly marked Total Fees: $ 2.975.00 before construction begins 3) MOT will be setup along the edge of the work area for safety of the crews and guest during the project. Dear Justin Faircloth In Pursuant to your request, Copeland Southern Enterprises, Inc. is pleased to submit the following proposal for Lake#I2 Drainage and Erosion Correction project for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. Crews will set up MOT around work areas to insure the safety of the residents and guests during the project. 2. Crews will excavate reclaimed material from Lake 12 bottom and back fill both 15 ft wide eroded areas, compact and install layered erosion blankets in lifts back to proposed slope grade. 3. Crews will install 1 new 12"x 12"Catch Basin at each of the 15 ft repair areas with a 2 ft stub out"Y"pipe capped off for future connections from home owners Gutters. 4. 6"ADS double wall pipe will be installed from 12"Catch Basin set on the back edge of 20 Lake Easement and run out for 30ft+into Lake and anchored 1 ft below the low water line. 5. Crews will restore the lawns and slopes back to original condition,if the equipment crossing has caused any damage. 6. Work is estimated to take 3 days to complete. 7. MOT will be removed after project has been completed and work areas has been policed and cleaned up. Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: �. h r — — Date: 5-5-16 Typed Name&Title: Calvin Teague - District Manager 1611 Al Exhibit# 1 Erosion Repair and Drainage Installation Areas • 227: o t Sett p - srF. a ' r. -.•�... Exhibit#2 ADS Drainage installation and Proposed Slope Repairs 12"x 12"Catch Basin and 2 R Stub out 15'wide repaired and re-enforced Slope area with Coconut Erosion Blanket 2 x 4"ADS Stub Outs 30 ft of x 6"ADS Piping ow Water Vir 'ipe Anchors 1b11 Al 104 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl,33903 CONTRACT CHANGE ORDER TO: {NAME} Heritage Bay Community Development District DATE: 5/25/2016 PROJECT NAME: Lake 12 Drainage and Coconut Erosion Repair PROJECT NUMBER: CHANGE ORDER NUMBER: 001 DESCRIPTION OF WORK: Extend 4"ADS Pipes from the CCD 20 ft Lake EaSement 170 ft up to the existing 3 Homes and connect to existing Gutter Systems with hard fittings. ORIGINAL CONTRACT SUM: $2,975.00 NET CHANGES BY PREVIOUS CHANGE ORDERS: $ 0.00 CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $2,975.00 AMOUNT OF THIS CHANGE ORDER: $2,175.00 NEW CONTRACT SUM INCLUDING THIS CHANGE ORDER: $ 5,150.00 We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract change order below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information, Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806. ACCEPTED BY: r, AUTHORIZED BY: TITLE: 1/3®4G� c✓ TITLE: DATE: 54 7//,‘ DATE: RECEIVED CORAL.SPRINGS,FL JUL 01 2016 SEVERN TRENT ENV€RONMEENTAL SERVICES,INC. 16 1 1 "A 4 Ff Nlettauer k Environmental 19741 North River Rd.,Alva,FL 33920•(239)728-1814•www.MEenvironments.com Certified General Contractor CGC1523027•Commercial RUP Applicators:Natural Areas,Aquatic Areas,Right of Way April 25,2016 Attn:Justin Faircloth Severn Trent—North America 5911 Country Lakes Drive Fort Myers,FL 33905 Re:Heritage Bay CDD Lake 12 Erosion Areas The following pricing includes all labor,equipment,material,insurance,project coordination, private utility identification with owner representative,site protection&restoration for the purpose of restoring lake bank washouts and prevention. Option A: Repair Washouts&Add(2)Individual 12"Yard Drains w/Soft Bowl(6"-7"TOB)No Stone Washouts:Inhaul of clean fill,placement and grading of clean fill,6oz Geotextile toed in &anchored,coconut fiber&matching sod. 12"Yard Drains: 12"ADS Double Wall Yard Drain Pipe, 12"x12"Plastic(Nyloplast)Yard Drain Grate. Additional options/enhancements are available with yard drains such as,cast iron grates vs.plastic,grate hinges vs.flush mount,stone borders vs sod up to the grate. Soft Bowl: During the installation of the yard drain we will grade a soft bowl around the drain.This bowl will capture more water through the drain and reduce the amount of water traveling over the lake bank. OPTION A TOTAL PRICE$11,650.80 Option B: Repair Washouts&Add(2)Sets of Gutter Downspout Lake Connections: (2)Drains Per House(2)Houses per Trunk Line(2)Trunk Lines into Lake Washouts: Inhaul of clean fill,placement and grading of clean fill,6oz Geotextile toed in &anchored,coconut fiber&matching sod. Gutter Downspout Lake Connections:In between two houses we will install(I) 12"ADS double wall pipe. This pipe will extend into the lake past the low water level. At the other end of the pipe we will connect(2)gutter downspouts from each house into the trunk line. OPTION B TOTAL PRICE$19,746.30 Owners Representative Signature&Position Date CL/ : a /6. isina Gleason, - ident Date Mettauer Environmental Inc. 1611' Al Typical Yard Drain CONCEPT Drawing This drawing is for concept and discussion only, it is NOT to scale,spec,color and details may vary from site to site. NYLOPLAST Q 7 STANDARD 12" LIGHT DU TY GRATE f2,U M 'iojeuj YA RD DRAIN DETAIL N.T.S. is.n II r 1~ t` MettauerU `' Environmental 1 6 1 1 Al _<..,. . -;, i ,. ,-, , f. , , /... ...., c, .., ..,. , „ ,,.., ..... I K4 V Zil• \ 0 \\\\ .. . ..... , ........ .ir ., N-4 , . . ., / : GI a ...1 ,-, cb is -cs --. , rs Q CO CL C —• • ' :;.,0, tn el. c'-\ '''- # . / (,,\ f•:„, Z M ';'.-;'' ''. 1 ,:of C?"-;...-' tn. o C7 7K\ \\ '':. , ": . 0 .i----. ,-Akir• . ."-- -,.- -, . .,. ,-... - -. , . s * ,,. ..,. .,,, 1 .A4-.•..zw ( .,,/,fr.- ,.... . —.4..c /..:-p, :',,.., . .,:.::. ' . J7 ... *.... 6, .,--., -0 ,-A. 0 (,, . ... . " ..„ c., c z " . • •-, ....•.-A- .. ... . • y.f,..- 0 , v trim . . . . ..• ..- b. -4 or' a xr it ,,,,..,i e-, >AK ... -,,,,,,„ - • ,,, m 0 g . ize' r) it-, o 2 ._.., •- - 4, `.01--10' .,-•-,,, .- . - . . u, 2 10 = 4,,,. ,:,,,,r--,-, .1,.v..... ro M ,. . 'f4r ..„,„,„ N r) ....• 0 0 6' = -, • .. z o .-t• .---• r-J .4::- -(4.6 -`0 .,...,,e. •., ,:. ...< r- CI •••••0 ' '.C., rt . ... ..4,'''..• -",..) ...,, -.. - r(-7-• . 1' ?,-V ;17....5 %4 t • ' . . . . . .' Ln 't-A . . '' '. r12, • . . i. , ., . . . ..: , tt, \i. :- .„ ,.. .. u,. ,i. 2- ... d , . I i C.)I.4.S L,-:- ... ___ _ 1611A1 .. , ,3'.,_ -rh-:, .. , -- ., Mettauer ,:.:. : .,,..:r Environmental o 19741 North River Rd.,Alva,FL 33920•(239)728-1814 www.MEenvironments.com Certified General Contractor CGC1523027 Commercial RUP Applicators:Natural Areas,Aquatic Areas,Right of Way EXAMPLES:WASHOUT REPAIRS YARD DRAIN WITH BOWL 8�CAST IRON GRATE ri .r^`y u y �' 1 _L rc mt ';11Lt'S. .:,4:i a t 't..�# :, � sg '°" 4 i Ave Maria Wash Out Repair: °''''''' ';: t' This is a sample of a"bowl"style yard drain.This is used to capture .,' . water runoff prior to flow going over the bank. This is an effective �,:� method for extremely high runoff , r' . •`x area. The gradual berm in between � y = • the lake and the drain helps the water slow down before going over , , t - the shoreline and diverts most of the water to the drain that is place s � "` `" in from of the berm. The stone 9 around the drain is good for Sf g t �k - 2-:x,, $ t.4 y �i' k , keeping the landscaping crew from �v,�,y,3I .,y 4 '`t 1 dY'i '* �� 1,+ � � f = . mowing over the drain and blowing ,c;--,.. all of the cut vegetation into and on top of the drain. It can be mowed or string trimmed around,the stone can be sprayed and you can clearly see if something is blocking the top of the drain. Prior to laying the sod,we added a layer of hoz Geotextile around the drain and '::;,..'-',3',1.';''''----,-'.',., fr toed in into the ground approximately 18"deep. The sod Cp will root into the geotcxtilc and the ,~ water will be able to run through r ,,'''''' ',-'•:1=-0,-:',,-,,'-..-,-..-.,'-',,t,.4,-..; but mostly"over"the fabric ., H Y , f A ,Y , without washing away the dirt as 1= 1 z; `' ':: ' 33*r easily. The bottom picture is - 4 w another example of a drain t -', - - � {' 3: installation with a stone border, ': � �t�, there is no bowl at this drain. Environmental Services:Aquatic Vegetation Control-Areation--Water Features-Water Quality Testing-Sediment Removal-Erosion Repair-Native Planting 1611 Al TSI Disaster Recovery,LLC ESTIMATE 1311 Indiana Aveune Saint Cloud,FL 34769 Date Estimate# 4/25/2016 EST217-2 Name/Address Heritage Bay,CDD. Severn Trent Mgmt.Services 5911 County Lakes Drive Ft.Myers,FL 33905 Description Total Heritage Bay 7,400.00 Lake 12 Erosion Repairs Extend eight existing downspouts to four new collection boxes with four new drains running out into the lake Total $7,400.00 Phone#407-891-8005 Fax# 407-891-9005 info@tsidisaster.com 16 1 1 A1 W Change Order 1311 Indiana Aveune Saint Cloud,FL 34769 Date Estimate# 4/25/2016 CO-217-3 Name/Address --leritage Bay,CDD. Severn Trent Mgmt.Services 5911 County Lakes Drive rt.Myers,FL 33905 Description Total Heritage Bay -Lake 3QA - Change Order#2 Extend rip rap to create uniform appearance. Grade slope to install screening. 1,125.00 Install and compact100 TON of Scrccnings@$30.00 per TON 3,000.00 Install geo textile fabric with anchors. 3,375.00 Install 675 LF X 12'W X 18"DEEP of 6"to 12"rip rap @$175.00 per LF 118,125.00 info@tsidisaster.com Total Phone# Fax# $125,625.00 16 1 1 At �} 4x Ij ESTIMATE 1311 Indiana Avcunc Saint Cloud,FL 34769 Date Estimate# 4/15/2016 EST2I7CO-1 Name/Address Heritage Bay,CDD. Severn Trent Mgmt.Services 5911 County Lakes Drive Ft.Myers,FL 33905 Description Qty Rate Total Heritage Bay Change Order#1 Extend rip rap to create uniform appearance. Grade slope to install screening. 1 450.00 450.00 Install and compact 40 TON of Screenings@$30.00 per TON 40 30.00 1,200.00 Install I roll of geo textile fabric 300'X 12'with anchors. 1 1,350.00 1,350.00 Install 275 LF X 12'W X 18"DEEP of 6"to 12"rip rap @$175.00 per LF 275 175.00 48,125.00 info@tsidisaster.com Total $51,125.00 Phone# 407-891-8005 Fax# 407-891-9005 16 1 1 Al Heritage Bay Community Development District Financial Report March 31,2016 Prepared by SEVERN TRENT SERVICES 1 b 1 1 Al 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 10-18 1oI1AI Heritage Bay Community Development District Financial Statements (Unaudited) March 31, 2016 1611 Al HERITAGE BAY Community Development District Governmental Funds Balance Sheet March 31, 2016 SERIES 2014 GENERAL DEBT SERVICE ACCOUNT DESCRIPTION FUND FUND TOTAL ASSETS Cash-Checking Account $ 368,958 $ - $ 368,958 Due From Other Funds - 63,486 63,486 Investments: Money Market Account 24,177 - 24,177 Deferred Cost - 13,247 13,247 Reserve Fund - 599,680 599,680 Revenue Fund - 1,298,987 1,298,987 TOTAL ASSETS $ 393,135 $ 1,975,400 $ 2,368,535 LIABILITIES Accounts Payable $ 84,015 $ - $ 84,015 Due To Other Funds 63,486 - 63,486 TOTAL LIABILITIES 147,501 - 147,501 FUND BALANCES Restricted for: Debt Service - 1,975,400 1,975,400 Assigned to: Operating Reserves 60,124 - 60,124 Reserves-Erosion Control 14,687 - 14,687 Unassigned: 170,823 - 170,823 TOTAL FUND BALANCES $ 245,634 $ 1,975,400 $ 2,221,034 TOTAL LIABILITIES&FUND BALANCES $ 393,135 $ 1,975,400 $ 2,368,535 Report Date:4/13/2016 Page 1 1611 Al HERITAGE BAY Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending March 31,2016 ANNUAL ADOPTED YTD YTD VARIANCE($) MAR-16 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL REVENUES Interest-Investments $ 500 $ 248 $ 189 $ (59) $ 114 Special Assmnts-Tax Collector 250,000 248,000 248,036 36 9,594 Special Assmnts-Wall Project 62,500 62,500 62,500 - - Special Assmnts-Reserves 31,250 31,250 31,250 - - Special Assmnts-Discounts (13,750) (13,750) (12,767) 983 (18) Other Miscellaneous Revenues - - 11,000 11,000 - TOTAL REVENUES 330,500 328,248 340,208 11,960 9,690 EXPENDITURES Administration P/R-Board of Supervisors 8,000 5,000 5,000 - 1,000 FICA Taxes 612 383 383 - 77 ProfServ-Engineering 14,000 7,100 1,613 5,487 - ProfServ-Legal Services 5,000 2,800 2,763 37 - ProfServ-Mgmt Consulting Sery 39,394 19,697 19,697 - 3,283 ProfServ-Property Appraiser 5,156 5,156 - 5,156 - ProfServ-Special Assessment 5,150 5,150 5,150 - - ProfServ-Web Site Maintenance 750 474 281 193 33 Auditing Services 3,600 1,500 - 1,500 - Postage and Freight 1,300 650 501 149 6 Insurance-General Liability 13,000 13,000 14,348 (1,348) - Printing and Binding 1,000 575 560 15 114 Legal Advertising 1,200 1,200 2,041 (841) - Misc-Bank Charges 750 372 83 289 - Misc-Assessmnt Collection Cost 6,876 6,835 6,604 231 192 Office Supplies 550 274 33 241 - Annual District Filing Fee 175 175 175 - - Total Administration 106,513 70,341 59,232 11,109 4,705 Field ProfServ-Field Management 12,360 6,180 6,180 - 1,030 R&M-Contingency 2,000 1,000 - 1,000 Wall Improvements 218,500 109,240 93,623 15,617 79,549 Total Field 232,860 116,420 99,803 16,617 80,579 Report Date:4/13/2016 Page 2 1611 Al HERITAGE BAY Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending March 31,2016 ANNUAL ADOPTED YTD YTD VARIANCE($) MAR-16 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL Lakes and Ponds Contracts-Lake and Wetland 60,744 30,372 30,372 - 5,062 R&M-Aquascaping 5,000 2,500 - 2,500 - R&M-Lake Erosion 35,000 17,500 369 17,131 - R&M-Contingency 5,000 2,500 - 2,500 - Impr-Miscellaneous 2,000 1,000 - 1,000 - Reserve-Lakes 31,250 31,250 - 31,250 - Total Lakes and Ponds 138,994 85,122 30,741 54,381 5,062 Debt Service Operating Loan Repayment 33,333 8,334 - 8,334 - Interest Expense-Note 6,670 1,756 68 1,688 11 Cost of Issuance - - 3,538 (3,538) - Total Debt Service 40,003 10,090 3,606 6,484 11 TOTAL EXPENDITURES 518,370 281,973 193,382 88,591 90,357 Excess(deficiency)of revenues Over(under)expenditures (187,870) 46,275 146,826 100,551 (80,667) 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) $ 46,275 $ 150,364 $ 104,089 t $ (80,667) FUND BALANCE,BEGINNING(OCT 1,2015) 95,270 95,270 95,270 FUND BALANCE,ENDING $ (92,600) $ 141,545 $ 245,634 Report Date:4/13/2016 Page 3 __• 41 A 1 161 1 HERITAGE BAY Community Development District Series 2014 Debt Service Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending March 31,2016 ANNUAL ADOPTED YTD YTD VARIANCE($) MAR-16 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL REVENUES Interest-Investments $ - $ - $ 38 $ 38 $ 9 Special Assmnts-Tax Collector 1,308,564 1,290,000 1,291,408 1,408 36,092 Special Assmnts-Discounts (52,343) (52,343) (48,029) 4,314 (66) TOTAL REVENUES 1,256,221 1,237,657 1,243,417 5,760 36,035 EXPENDITURES Administration ProfServ-Arbitrage Rebate 600 - - - - ProfServ-Property Appraiser 19,628 - - - - ProfServ-Trustee Fees 6,815 - - - - Misc-Assessmnt Collection Cost 26,171 25,800 24,844 956 721 Total Administration 53,214 25,800 24,844 956 721 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 1,252,574 352,980 352,024 956 721 Excess(deficiency)of revenues Over(under)expenditures 3,647 884,677 891,393 6,716 35,314 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 $ 884,677 $ 891,393 $ 6,716 $ 35,314 FUND BALANCE,BEGINNING(OCT 1,2015) 1,084,007 1,084,007 1,084,007 FUND BALANCE,ENDING $1,087,654 $1,968,684 $1,975,400 Report Date:4/13/2016 Page 4 1 6 1 1 A 1 Heritage Bay Community Development District Supporting Schedules March 31, 2016 ioifA1 a m o m no co ' a � - os� gs 2 � g gff ° zg� � s � � uS a► a - o c - c 5AAA.P'A4 sNm$ 'tri f4 � agsRRsF2S � . 4 CC o I- w ani s 2A H 88cot azi NPd � N o8 r N �S 1. :24. 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' N ' 8 ' 2 . 8 �o ' E S3 . 2 o ' , o C d a, ooo coNoo 2 = S a a 0 N w AWI WN "So m0 �., � � ^ 2 8 g 8 w! 0 a D ••, CD (1) ` ' 8 o E Nadg N o>- $ .Q � a - a n g m21 ¢ 3 s v W co e c• - g d E as w i d i vFj 2 . c� E - LL = o 0 CO 0 > 8 aC li gl ;2 w a y g ' m L Z & 2, ., %: `m a a . b^ Z o E v a a d d a a a_ a` Q' = a -2 0 a` la 3 m LU 0 2 0 1611 Al 7:, Ms -0 ,,8+ $ 'moo 's ro SA 'e 2 F S 2 2 A m o o N a3 co c4 m c 4§ § ss2 1 ' , § s , a P. a Iii la �= en m sm m co on nj 01 Me rQ S on N 2 H m m m Et O 13 z w n•. a ' I* 8 m m Q C C% n CO g m COmi. 0; C C C C t0 m' LL CIN N � NS A n o t . 03 o Ln V U 02 ICO , .CO .. mfw -0 g ml N C w a+ C ffi g , , , N ' .- ' � RI FR 2 W3 uC 'a.m w, N r: 7 $ g m v; N ii a1 m os- toCO OD CO I o N .0 CD LL .11 71 m , , O — CV N T g oc Y . . os .., C a .6 u " d to Cl)E c*so g 4 m 8 A c O A N Z CTS .3 vi . , . - cn of to C Ta "i I vn � ^°i ii Q CoC 113 N 8 m In o C g ffi 2 - m 2 & N a v O CD Usia oS w `9 J IHJ ao2 85 10 8ps wg'$ o4m m `c, w 2 O o f iL E m m O li IS " LL LL W z Cr 0 Z U 1611 , Al 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 02/29/16 34,171 487 697 35,356 5,619 414 207 29,116 03/31/16 44,690 83 912 45,686 9,594 - - 36,092 TOTAL $ 1,540,949 $ 60,797 $ 31,448 $ 1,633,194 $ 248,036 $ 62,500 $ 31,250 $ 1,291,408 %COLLECTED 99% 99% 100% 100% 99% TOTAL OUTSTANDING $ 19,120 $ 1,964 $ (0) $ (0) $ 17,156 Report Date:4/14/2016 Page 7 1611 , A1 HERITAGE BAY Community Development District Cash and Investment Balances March 31,2016 ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE GENERAL FUND Operating Checking CNL N/A 0.00% $ 368,958 (2) Money Market Account Stonegate Bank N/A 0.25% 24,177 Subtotal General Fund 393,135 DEBT SERVICE FUND Series 2014 Deferred Cost Fund US Bank N/A 0.05% 13,247 Series 2014 Reserve Fund US Bank N/A 0.05% 599,680 Series 2014 Revenue Fund US Bank N/A 0.05% 1,298,987 Subtotal Debt Service 1,911,914 (1) Total $ 2,305,049 Note 1 Invested in First American Obligation Fund Note 2 $63,485.81 transferred to US Bank Revenue Fund 4/8/16 $100,000.00 transferred to Stongate MMA 4/8/16 Report Date:4/13/2016 Page 8 1 1611 Heritage Bay CDD Bank Reconciliation Bank Account No. 9727 CNL Bank-GF Statement No. 03-16 Statement Date 3/31/2018 G/L Balance(LCY) 368,958.21 Statement Balance 368,958.21 GIL Balance 368.958.21 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 368,958.21 Subtotal 368,958.21 Outstanding Checks 0.00 Negative Adjustments 0.00 Differences 0.00 Ending GIL Balance 368,958.21 Ending Balance 368,958.21 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference • Page 9 1 6 1 1 ,Al. 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'�; � pe,,% Naples,FL 34f IS US Irnrolt>!e ` ; r (233�,SM8 0200 14. y ryr ` tlt�, Infottitirrigetionspecialistsuse.com Heritage Bay cio Severn Trent Services 210 N. University Drive Suite 702 Coral Springs,Fl 33071 USA &35g 02/02/2016 $1,670.00 03/0312016 Labor and Materials to conduct the following work;locate and cap irrigation lateral 1,670.00 .Ines in areas before they enter into the construction zone while maintaining irrigation in areas outside the construction zone. The lateral lines trill remain in Place however will be severed from any charged lines The value shown on the line item to the right Is a"riot to exceed amount",it we come in under that value, the price will be reduced. BALANCE DUE $1,4370.00 RECOMMEND FOR APPROVAL Charge Account#: fi le-a77-47:04- Current Balance: . ,/4--2,/.(-le" Remaining Balance: Q_o.1. Date: https://connect.intuit.com/portal/module/pdfDoc/template/printframe.html 2i"216 1611AJ. Coleman,Yovanovich&Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North,Suite 300 Naples,Florida 34103-3556 Telephone: (239)435-3535 Fax: (239)435-1218 Page:1 Heritage Bay CDD February 17,2016 Attn. Cal Teague File No: 6176-001M Severn Trent Management Services Statement No: 18 210 N. University Dr.Ste 702 Coral Springs FL 33071 Gen Rep SENT VIA EMAIL TO: CTeague©severntrentms.com Previous Balance —$227.50 Fees Hours 12/01/2015 GLU Review agenda for Board of Supervisors meeting 0.25 81,25 12/07/2015 GLU Review and respond to email correspondence from Cal Teague regarding engineering contract; Review and comment on same;Draft email correspondence to Cal Teague with comments 1.00 325.00 12/15/2015 GLU Review email correspondence from Justin Faircloth on notice for special meeting;Telephone conference with Justin Faircloth on same. 0.50 162.50 12/20/2015 GLU Review and respond to email correspondence from Justin Faircloth regarding engineer contract; Review revised draft 0.40 130.00 12/29/2015 GLU Review agenda materials and prepare for Board of Supervisors meeting; Review multiple email correspondence from Justin Faircloth relating to permitting and lake matters 0.75 2.43.75 12/30/2015 GLU Attendance at Board of Supervisors meeting 2.50 812.50 12/31/2015 GLU Review and respond to email correspondence from Ralph Verrastro regarding construction contract comments on wall repair: review same 0.30 97.50 Professional Fees through 02/17/2016 5.70 1,852.50 Page 13 1611 Al Page:2 Heritage Bay CDD February 17,2016 File No: 6176-001M Statement No: 18 Gen Rep Total Current Work 1,852.50 Balance Due --$24}88:8 -- APPROVED By Justin Falrc/oth at 2:28 pin,2/19/96 Code to:Admiistrative—ProfServe— Legal Services (#001-531023-51401-5000) U Page 14 1611A1 � Coleman,Yovanovich&Koester,P.A. Northern Trust Bank Building 4001 Tamfaml Trail North,Suite 300 Naples, Florida 34103-3556 Telephone: (239)435-3535 Fax: (239)435-1218 Page: 1 Heritage Bay CDD February 17,2016 Attn.Cal Teague File No: 6176-001M Severn Trent Management Services Statement No: 19 210 N.University Dr.Ste 702 Coral Springs FL 33071 Gen Rep SENT VIA EMAIL TO: CTeague@severntrentrns.com Previous Balance $2,080.00 Fees Hours 01/07/2016 GLU Review agenda for Board of Supervisors meeting 0.20 65.00 Professional Fees through 02/17/2016 0.20 65.00 Total Current Work 65.00 Payments Total Payments Through 02/17/2016 -227.50 Balance Due Code to:Admiistrative— ProfServe—Legal Services / /J/, (#001-531023-51401-50 ( 1 1//i 00) r/ $65.00 U AP ROVED r Ay JusiLr/Tairrini/all 22 nm.&'79I1G p„ Page 15 16111A1 IDQLDCotNts Bridging Solutions,LLCyap Invoice 15863 Secoya Reserve Circle Date Invoice Naples,FL 34110 2/26/2016 148 Bill To Heritage Bay CDD Cal Teague 5911 Country Lakes Drive Fort Myers,FL 33905 P.O.No. Terms Project "' 'I Repair CEI Ser... Field -Wall Impv 301-563042 43901-5000 Description Est Amt Prior-Amt Prior% 4ty Rale Curr% ota % Amount Wall Repair Construction Phase 12,206.00 0.35 12,206.00 35.00% 35.00% 4,272.10 Services Progress Report 1.Assisted the CDD and the property manager with the administration of the contract.Conducted a preconstruction meeting to review contractor's means and methods and detailed project schedule. 2.Reviewed and approved project material submittals. 3.Reviewed written Requests for.Information(RFT)from the contractor and provided written responses. 4.Performed 4 intermittent inspections. Code to:Field-Wall Impv- 001.563042-53901-5000 V l - Total $4,272.10 eAV _ MSS n =W a Payments/Credits to.00 `° Balance Due $4,272.10 -.`} £3y Justin Fair-cloth at 2::10 pun, 2/26/16 4 ."NeatMelah,*S cam° "W.hMegiMagliMir >:=.M., Page 16 1611 A 1 Bridging Solutions,LLC BItIDG:[.NG 15863 Seenye Reserve Circle Naples,FL 34110 M,► SOLUTIONS Tel.(239)216-1370 ut,.tv;Ixidzin&Lo kiirowm91 CHANGE ORDER FOR SUPPLEMENTAL SERVICES Date:December 1,2015 Change Order#: 1 Consultant: Bridging Solutions,LLC Client: Heritage Bay CDD 15863 Secoya Reserve Circle cio Naples,FL 34110 Severn Trent Services 5911 Country Lakes Drive Ft.Myers,FL 33905 Project Name and Location: Heritage Bay Retaining Wall Repairs,Naples,Florida Construction Inspection Services In accordance with our current agreement dated March 26,2015,the Agreement changes as detailed below are hereby authorized. Change Order Scope of Services: 1,1. Assist the CDD and the property manager with the administration of the contract.Conduct a proeonstruction meeting to review contractor's means and methods and detailed project schedule. 1.2. Review and approve project material submittals. 1.3. Review written Requests for Information(RFE)from the contractor and provide written responses. 1.4. Perform intermittent inspections during construction and prepare inspection reports.We assume 2 -3 hour inspections per week for the estimated duration of construction(7 weeks)for a total of 42 hours. 1.5. Prepare"As-Built"drawings documenting all approved field changes during construction. 1.6. Perform a final inspection and provide a letter of certification stating the wall was constructed in accordance with the plans and specifications. Change Order Fee:$12,206 Payments made in accordance with the original agreement terms.All other items and conditions of the original Agreement shall remain in full force and effect. BRIDGING SOLUTIONS,LLC HERIT,Af.'I ;3AY COD Per: �k' 1Q. .. Per: Name: Ralph Verrastro Name: 0604N A 1-4166.444 Title: Principal Title: ai13 1r114-1k1 C60 Date: December 1,2015 _ Date: /2�31J S� We design bridges to fit your site and budget. Page 17 1. 611 ' A l N N litO a' r 1 11,111 w — .11 .111 . N- II :w Ill I'mI W N In O iiuuiiiiiuouinn : li 111111111M11111 1111111111111111 o ._ !! I pi no limb , CC o A .;T� IIIIIIIII p. 1 li " ilk $ Iis a ycx p _ __ 0 U IIffi= o gi� 7 : a p1 , § Lu5U iZc i 1 1 n y�o�N = 1611 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2015 1b ` A l HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY,FLORIDA TABLE OF CONTENTS Page INDEPENDENT AUDITOR'S REPORT 1-2 MANAGEMENT'S DISCUSSION AND ANALYSIS 3-6 BASIC FINANCIAL STATEMENTS Government-Wide Financial Statements: Statement of Net Position 7 Statement of Activities 8 Fund Financial Statements: Balance Sheet—Governmental Funds 9 Reconciliation of the Balance Sheet—Governmental Funds to the Statement of Net Position 10 Statement of Revenues, Expenditures and Changes in Fund Balances— Governmental Funds 11 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 12 Notes to Financial Statements 13-19 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Revenues, Expenditures and Changes in Fund Balance— Budget and Actual—General Fund 20 Notes to Required Supplementary Information 21 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 22-23 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY RULE 10.556(10) OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA 24 MANAGEMENT LETTER REQUIRED BY CHAPTER 10.550 OF THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA 25-26 16 1 1 Al 2700 North Military Trail•Suite 350 Boca Raton, Florida 33431 Ca) Grau & Associates (561)994-9299•(800)299-4728 Fax (561)994-5823 CER'I'IFIED PUBLIC ACCOUNTANTS www.graucpa.com INDEPENDENT AUDITOR'S REPORT To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and each major fund of Heritage Bay Community Development District,Collier County,Florida("District")as of and for the fiscal year ended September 30,2015,and the related notes to the financial statements,which collectively comprise the District's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design,implementation,and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit.We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.The procedures selected depend on the auditor's judgment,including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances,but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control.Accordingly,we express no such opinion.An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion,the financial statements referred to above present fairly,in all material respects,the respective financial position of the governmental activities and each major fund of the District as of September 30,2015, and the respective changes in financial position thereof for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America. a 1 6 1 1A l Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board,who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational,economic,or historical context.We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America,which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements,and other knowledge we obtained during our audit of the basic financial statements.We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards,we have also issued our report dated May 4,2016,on our consideration of the District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations,contracts,grant agreements and other matters.The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing,and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control over financial reporting and compliance. Report on Other Legal and Regulatory Requirements We have also issued our report dated May 4,2016,on our consideration of the District's compliance with the requirements of Section 218.415,Florida Statutes,as required by Rule 10.556(10)of the Auditor General of the State of Florida.The purpose of that report is to provide an opinion based on our examination conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. May 4,2016 2 1611 Al MANAGEMENT'S DISCUSSION AND ANALYSIS Our discussion and analysis of Heritage Bay Community Development District, Collier County, Florida ("District")provides a narrative overview of the District's financial activities for the fiscal year ended September 30, 2015. Please read it in conjunction with the District's Independent Auditor's Report, basic financial statements,accompanying notes and supplementary information to the basic financial statements. FINANCIAL HIGHLIGHTS • The liabilities of the District exceeded its assets at the close of the most recent fiscal year resulting in a net position deficit balance of($7,689,620). • The change in the District's total net position in comparison with the prior fiscal year was($176,927), a decrease. The key components of the District's net position and change in net position are reflected in the table in the government-wide financial analysis section. • At September 30,2015,the District's governmental funds reported combined ending fund balances of $1,179,277,an increase of$427,871 in comparison with the prior fiscal year. The total fund balance is restricted for debt service,assigned to operations and erosion control reserves,and the remainder is available for spending at the District's discretion. OVERVIEW OF FINANCIAL STATEMENTS This discussion and analysis are intended to serve as the introduction to the District's basic financial statements. The District's basic financial statements are comprised of three components: 1)government-wide financial statements,2)fund financial statements,and 3)notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. 1) Government-Wide Financial Statements The government-wide financial statements are designed to provide readers with a broad overview of the District's finances, in a manner similar to a private-sector business. The statement of net position presents information on all the District's assets,deferred outflows of resources, liabilities and deferred inflows of resources with the residual amount being reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the District is improving or deteriorating. The statement of activities presents information showing how the government's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government-wide financial statements include all governmental activities that are principally supported by special assessment revenues. The District does not have any business-type activities. The governmental activities of the District include the general government (management), and maintenance and operations functions. 2) Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The District,like other state and local governments,uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. The District has one fund category:governmental funds. 3 1 6 11 Al OVERVIEW OF FINANCIAL STATEMENTS(Continued) 2)Fund Financial Statements(Continued) Governmental Funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflow of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a District's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements,it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the District's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues,expenditures,and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The District maintains two governmental funds for external reporting. Information is presented separately in the governmental fund balance sheet and the governmental fund statement of revenues,expenditures,and changes in fund balances for the general fund and the debt service fund,both of which are considered major funds. The District adopts an annual appropriated budget for its general fund. A budgetary comparison schedule has been provided for the general fund to demonstrate compliance with the budget. 3) Notes to the Financial Statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. GOVERNMENT-WIDE FINANCIAL ANALYSIS As noted earlier,net position may serve over time as a useful indicator of an entity's financial position. In the case of the District, liabilities exceeded assets at the close of the most recent fiscal year. Key components of the District's net position are reflected in the following table: NET POSITION SEPTEMBER 30, 2015 2014 Current and other assets $ 1,218,124 $ 778,018 Capital assets,net of depreciation 9,095,998 9,800,455 Total assets 10,314,122 10,578,473 Current liabilities 311,497 132,459 Long-term liabilities 17,692,245 17,958,707 Total liabilities 18,003,742 18,091,166 Net position Net investment in capital assets (8,596,247) (8,158,252) Restricted 811,357 498,505 Unrestricted 95,270 147,054 Total net position $ (7,689,620) $ (7,512,693) The District's net position reflects its investment in capital assets (e.g. land, land improvements, and infrastructure)less any related debt used to acquire those assets that is still outstanding. These assets are used to provide services to residents; consequently, these assets are not available for future spending. Although the District's investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources,since the capital assets themselves cannot be used to liquidate these liabilities. 4 16 I 1 Al GOVERNMENT-WIDE FINANCIAL ANALYSIS(Continued) The restricted portion of the District's net position represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position may be used to meet the District's other obligations. The District's net position decreased during the most recent fiscal year. The majority of the decrease represents the extent to which the cost of operations and depreciation expense exceeded ongoing program revenues. Key elements of the change in net position are reflected in the following table: CHANGES IN NET POSITION FOR THE FISCAL YEAR END SEPTEMBER 30, 2015 2014 Revenues: Program revenues $ 1,501,926 $ 1,585,716 General revenues 606 1,606 Total revenues 1,502,532 1,587,322 Expenses: General government 155,579 146,860 Maintenance and operations 877,228 845,775 Interest 643,114 1,029,700 Cost of issuance of new debt 3,538 251,406 Total expenses 1,679,459 2,273,741 Change in net position (176,927) (686,419) Net position-beginning (7,512,693) (6,826,274) Net position-ending $ (7,689,620) $ (7,512,693) As noted above and in the statement of activities,the cost of all governmental activities during the fiscal year ended September 30, 2015 was$1,679,459. The costs of the District's activities were primarily funded by program revenues. The remainder of the current fiscal year revenue includes interest income. Program revenues,comprised primarily of assessments,decreased during the fiscal year due to a decrease in the per unit assessments.In total,expenses,including depreciation,decreased from the prior fiscal year.The majority of the decrease is associated with the prior year's cost of issuing the Series 2014 Refunding Bonds and a decrease in interest expense related to the new bonds issued at a lower interest rate. GENERAL BUDGETING HIGHLIGHTS An operating budget was adopted and maintained by the governing board for the District pursuant to the requirements of Florida Statutes. The budget is adopted using the same basis of accounting that is used in preparation of the fund financial statements. The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. The general fund budget for the fiscal year ended September 30, 2015 was amended to increase appropriations and use of fund balance by$66,000. The variance between budgeted and actual general fund revenues for the current fiscal year was not considered significant. The actual general fund expenditures for the current fiscal year were lower than budgeted amounts due primarily to anticipated costs which were not incurred in the current fiscal year. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets At September 30,2015,the District had$15,710,851 invested in infrastructure and construction in progress, for its governmental activities. In the government-wide financial statements depreciation of S6,614,853 has been taken,which resulted in a net book value of$9,095,998. More detailed information about the District's capital assets is presented in the notes of the financial statements. 5 1611A1 J CAPITAL ASSETS AND DEBT ADMINISTRATION (Continued) Capital Debt At September 30, 2015, the District had $17,220,000 Bonds outstanding and $468,707 in Deferred Costs obligation outstanding for its governmental activities. During the 2015 fiscal year, the District obtained a $250,000 note of which $3,538 was used. More detailed information about the District's capital debt is presented in the notes of the financial statements. ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND OTHER EVENTS For the subsequent fiscal year, the District anticipates that the cost of general operations will remain fairly constant.In connection with the District's future infrastructure maintenance and replacement plan,the District's costs will increase due to the bridge embankment project(bridge wall project). CONTACTING THE DISTRICT'S FINANCIAL MANAGEMENT This financial report is designed to provide our citizens,land owners,customers,investors and creditors with a general overview of the District's finances and to demonstrate the District's accountability for the financial resources it manages and the stewardship of the facilities it maintains. If you have questions about this report or need additional financial information,contact the Heritage Bay Community Development District's Finance Department at 210 N. University Drive,Suite 702,Coral Springs, Florida, 33071. 6 16 11 Al HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA STATEMENT OF NET POSITION SEPTEMBER 30,2015 Governmental Activities ASSETS Cash and cash equivalents $ 63,820 Investments 51,392 Due from other governments 11,663 Restricted assets: Investments 1,091,249 Capital assets: Nondepreciable 39,812 Depreciable, net 9,056,186 Total assets 10,314,122 LIABILITIES Accounts payable 38,847 Accrued interest payable 272,650 Non-current liabilities: Due within one year 545,000 Due in more than one year 17,147,245 Total liabilities 18,003,742 NET POSITION Net investment in capital assets (8,596,247) Restricted for debt service 811,357 Unrestricted 95,270 Total net position $ (7,689,620) See notes to the financial statements 7 1 6 1 1 A l to 277 5 , co\ toLo 000CDCD ( 2 = ƒ CS ƒ\ / 60k » , 0 . [ \ X36 ) cc = � 0 < - - � � © ] / . , .f k ■ 0 ) J ci 2a_ , - R 00o I-- 0 CZ a 0Tr w cc _ 2 �� ©Ca E� 0) N2 CO k aa � w @ § Ra , f o R5R / $ G w �a 7 � z� E � � �$ } La co k ow o com00 0 a) - - ow o) j § 8z � a - /\ �a cu ] G o i .- Tv / 0 � � k � co00 -C � o ■ � � § § � wnp f § a ` a R I-§• F * k to f / A [ k 20u" x \ , \ } k \ ■ 2 0 co SX w q o _ v 0 U. k2 \ E To cu E \ k c0 cm \ Ecn E e E - a ` ° 13_, 9 § - C - a & E § ± ; 2 -CU \ U 0 ) j C) I- 7f0 U- _ IÔI1A1 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA BALANCE SHEET GOVERNMENTAL FUNDS SEPTEMBER 30,2015 Major Funds Total Governmental General Debt Service Funds ASSETS Cash and cash equivalents $ 63,820 $ - $ 63,820 Investments 51,392 1,091,249 1,142,641 Due from other governments 1,871 9,792 11,663 Due from other funds - 2,594 2,594 Total assets $ 117,083 $ 1,103,635 $ 1,220,718 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable $ 19,219 $ 19,628 $ 38,847 Due to other funds 2,594 - 2,594 Total liabilities 21,813 19,628 41,441 Fund balance: Restricted for: Debt service - 1,084,007 1,084,007 Assigned to: Operating reserves 60,124 - 60,124 Reserves-Erosion Control 14,687 - 14,687 Unassigned 20,459 - 20,459 Total fund balance 95,270 1,084,007 1,179,277 Total liabilities and fund balance $ 117,083 $ 1,103,635 $ 1,220,718 See notes to the financial statements 9 1 6 1 1 A HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA RECONCILIATION OF THE BALANCE SHEET-GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION SEPTEMBER 30,2015 Total fund balances-governmental funds $ 1,179,277 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported as assets in the govemmental funds. The statement of net position includes those capital assets, net of any accumulated depreciation, in the net position of the government as a whole. Cost of capital assets 15,710,851 Accumulated depreciation (6,614,853) 9,095,998 Liabilities not clue and payable from current available resources are not reported as liabilities in the governmental fund statements. All liabilities, both current and long-term, are reported in the government-wide financial statements. Accrued interest payable (272,650) Deferred costs obligation (468,707) Note obligation (3,538) Bonds payable (17,220,000) (17,964,895) Net position of governmental activities $ (7,689,620) See notes to the financial statements 10 16 1 1 Al HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY,FLORIDA STATEMENT OF REVENUES,EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2015 Major Funds Total Governmental General Fund Debt Service Funds REVENUES Assessments $ 240,904 $ 1,260,954 $ 1,501,858 Interest 606 68 674 Total revenues 241,510 1,261,022 1,502,532 EXPENDITURES Current: General government 120,523 35,056 155,579 Maintenance and operations 132,959 132,959 Debt Service: Principal - 270,000 270,000 Interest - 476,311 476,311 Cost of issuance 3,538 - 3,538 Capital outlay 39,812 - 39,812 Total expenditures 296,832 781,367 1,078,199 Excess (deficiency)of revenues over(under)expenditures (55,322) 479,655 424,333 OTHER FINANCING SOURCES Note proceeds 3,538 - 3,538 Total other financing sources 3,538 - 3,538 Net change in fund balance (51,784) 479,655 427,871 Fund balance-beginning 147,054 604,352 751,406 Fund balance-ending S 95,270 $ 1,084,007 $ 1,179,277 See notes to the financial statements 11 16 1 1 Al HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2015 Net change in fund balances-total governmental funds $ 427,871 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report the face amount of Notes issued as financial resources when debt is first issued, whereas these amounts are eliminated in the statement of activities and recognized as long- term liabilities in the statement of net position. (3,538) Governmental funds report capital outlays as expenditures, however, the cost of capital assets is eliminated in the statement of activities and capitalized in the statement of net position. 39,812 Repayment of long-term liabilities are reported as expenditures in the governmental fund financial statements, but such repayments reduce liabilities in the statement of net position and are eliminated in the statement of activities. 270,000 The change in accrued interest on long-term liabilities between the current and prior fiscal years is recorded in the statement of activities, but not in the governmental fund financial statements. (166,803) Depreciation on capital assets is not recognized in the governmental fund financial statements, but is reported as an expense in the statement of activities. (744,269) Change in net position of governmental activities $ (176,927) See notes to the financial statements 12 1611 A HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA NOTES TO FINANCIAL STATEMENTS NOTE 1 —NATURE OF ORGANIZATION AND REPORTING ENTITY Heritage Bay Community Development District("District")was created on May 1,2005 by Ordinance 05-24 of the Collier County,Florida,pursuant to the Uniform Community Development District Act of 1980,otherwise known as Chapter 190, Florida Statutes.The Act provides among other things, the power to manage basic services for community development,power to borrow money and issue bonds,and to levy and assess non-ad valorem assessments for the financing and delivery of capital infrastructure. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development within the District. The District is governed by the Board of Supervisors ("Board"), which is composed of five members. The Supervisors are elected by the owners of the property within the District. The Board of Supervisors of the District exercise all powers granted to the District pursuant to Chapter 190, Florida Statutes. The Board has the responsibility for: 1. Assessing and levying assessments. 2. Approving budgets. 3. Exercising control over facilities and properties. 4. Controlling the use of funds generated by the District. 5. Approving the hiring and firing of key personnel. 6. Financing improvements. The financial statements were prepared in accordance with Governmental Accounting Standards Board ("GASB")Statements. Under the provisions of those standards,the financial reporting entity consists of the primary government,organizations for which the District is considered to be financially accountable,and other organizations for which the nature and significance of their relationship with the District are such that, if excluded,the financial statements of the District would be considered incomplete or misleading. There are no entities considered to be component units of the District;therefore,the financial statements include only the operations of the District. NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Government-Wide and Fund Financial Statements The basic financial statements include both government-wide and fund financial statements. The government-wide financial statements(i.e.,the statement of net position and the statement of activities) report information on all of the non-fiduciary activities of the primary government. For the most part,the effect of interfund activity has been removed from these statements. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1)charges to customers who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment; operating-type special assessments for maintenance and debt service are treated as charges for services and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Other items not included among program revenues are reported instead as general revenues. 13 1611 Al NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) Measurement Focus, Basis of Accountinq and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred,regardless of the timing of related cash flows. Assessments are recognized as revenues in the year for which they are levied. Grants and similar items are to be recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures are recorded when a liability is incurred,as under accrual accounting. However,debt service expenditures are recorded only when payment is due. Assessments Assessments are non-ad valorem assessments on benefited lands within the District.Assessments are levied to pay for the operations and maintenance of the District. The fiscal year for which annual assessments are levied begins on October 1 with discounts available for payments through February 28 and become delinquent on April 1.The District's annual assessments for operations and debt service are billed and collected by the County Tax Assessor/Collector for non-Developer owned lots.The amounts remitted to the District are net of applicable discounts or fees. In addition, amounts remitted by the County Tax Assessor/Collector include interest on monies held from the day of collection to the day of distribution. Assessments and interest associated with the current fiscal period are considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. The portion of assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. The District reports the following major governmental funds: General Fund The general fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Debt Service Fund The debt service fund is used to account for the accumulation of resources for the annual payment of principal and interest on long-term debt. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. When both restricted and unrestricted resources are available for use, it is the government's policy to use restricted resources first for qualifying expenditures, then unrestricted resources as they are needed. Assets, Liabilities and Net Position or Equity Restricted Assets These assets represent cash and investments set aside pursuant to Bond covenants or other contractual restrictions. Deposits and Investments The District's cash and cash equivalents are considered to be cash on hand and demand deposits(interest and non-interest bearing). 14 1611 A,A 1 NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) Assets, Liabilities and Net Position or Equity(Continued) Deposits and Investments(Continued) The District has elected to proceed under the Alternative Investment Guidelines as set forth in Section 218.415 (17)Florida Statutes. The District may invest any surplus public funds in the following: a) The Local Government Surplus Trust Funds, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act; b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; c) Interest bearing time deposits or savings accounts in qualified public depositories; d) Direct obligations of the U.S.Treasury. Securities listed in paragraph c and d shall be invested to provide sufficient liquidity to pay obligations as they come due. In addition,surplus funds may be deposited into certificates of deposit which are insured and any unspent Bond proceeds are required to be held in investments as specified in the Bond Indenture. The District records all interest revenue related to investment activities in the respective funds and reports investments at fair value. Inventories and Prepaid Items Inventories of governmental funds are recorded as expenditures when consumed rather than when purchased. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. Capital Assets Capital assets,which include property,plant and equipment,and infrastructure assets(e.g.,roads,sidewalks and similar items) are reported in the government activities columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $5,000 (amount not rounded) and an estimated useful life in excess of two years. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Property,plant and equipment of the District are depreciated using the straight-line method over the following estimated useful lives: Assets Years Water management 25 Other Infrastructure 10 In the governmental fund financial statements, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported in the governmental fund financial statements. Unearned Revenue Governmental funds report unearned revenue in connection with resources that have been received,but not yet earned. 15 1611 NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) Assets,Liabilities and Net Position or Equity(Continued) Long-Term Obligations In the government-wide financial statements long-term debt and other long-term obligations are reported as liabilities in the statement of net position. Bond premiums and discounts are deferred and amortized ratably over the life of the Bonds. Bonds payable are reported net of applicable premiums or discounts. Bond issuance costs are expensed when incurred. In the fund financial statements, governmental fund types recognize premiums and discounts, as well as issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs,whether or not withheld from the actual debt proceeds received,are reported as debt service expenditures. Deferred Outflows/Inflows of Resources Deferred outflows of resources represent a consumption of net position that applies to future reporting period(s). For example, the District would record deferred outflows of resources on the statement of net position related to debit amounts resulting from current and advance refundings resulting in the defeasance of debt(i.e.when there are differences between the reacquisition price and the net carrying amount of the old debt). Deferred inflows of resources represent an acquisition of net position that applies to future reporting period(s). For example, when an asset is recorded in the governmental fund financial statements, but the revenue is unavailable, the District reports a deferred inflow of resources on the balance sheet until such times as the revenue becomes available. Fund Equity/Net Position In the fund financial statements,governmental funds report non spendable and restricted fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Assignments of fund balance represent tentative management plans that are subject to change. The District can establish limitations on the use of fund balance as follows: Committed fund balance—Amounts that can be used only for the specific purposes determined by a formal action(resolution)of the Board of Supervisors.Commitments may be changed or lifted only by the Board of Supervisors taking the same formal action(resolution)that imposed the constraint originally. Resources accumulated pursuant to stabilization arrangements sometimes are reported in this category. Assigned fund balance — Includes spendable fund balance amounts established by the Board of Supervisors that are intended to be used for specific purposes that are neither considered restricted nor committed. The Board may also assign fund balance as it does when appropriating fund balance to cover differences in estimated revenue and appropriations in the subsequent year's appropriated budget. Assignments are generally temporary and normally the same formal action need not be taken to remove the assignment. The District first uses committed fund balance,followed by assigned fund balance and then unassigned fund balance when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. Net position is the difference between assets and deferred outflows of resources less liabilities and deferred inflows of resources. Net position in the government-wide financial statements are categorized as net investment in capital assets,restricted or unrestricted. Net investment in capital assets represents net position related to infrastructure and property, plant and equipment. Restricted net position represents the assets restricted by the District's Bond covenants or other contractual restrictions.Unrestricted net position consists of the net position not meeting the definition of either of the other two components. 16 1611 ~ A1 NOTE 2—SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) Other Disclosures Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. NOTE 3—BUDGETARY INFORMATION The District is required to establish a budgetary system and an approved Annual Budget. Annual Budgets are adopted on a basis consistent with generally accepted accounting principles for the general fund. All annual appropriations lapse at fiscal year-end. The District follows these procedures in establishing the budgetary data reflected in the financial statements. a) Each year the District Manager submits to the District Board a proposed operating budget for the fiscal year commencing the following October 1. b) Public hearings are conducted to obtain public comments. c) Prior to October 1,the budget is legally adopted by the District Board. d) All budget changes must be approved by the District Board. e) The budgets are adopted on a basis consistent with generally accepted accounting principles. f) Unused appropriation for annually budgeted funds lapse at the end of the year. NOTE 4—DEPOSITS AND INVESTMENTS Deposits The District's cash balances including certificates of deposit as shown below were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer. Florida Statutes Chapter 280, "Florida Security for Public Deposits Act",requires all qualified depositories to deposit with the Treasurer or another banking institution eligible collateral equal to various percentages of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral(generally, U.S. Governmental and agency securities, state or local government debt,or corporate bonds)to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository,the remaining public depositories would be responsible for covering any resulting losses. Investments The District's investments were held as follows at September 30,2015: Investment Fair Value Credit Risk Maturity Money Market Fund-First American Weighted average of the Governement Obligation CL Y $ 1,091,249 S&PAAAm fund portfolio'37 days Bank United CD-24 months 51,392 WA 2/13/2016 Total Investments $ 1,142,641 Credit risk—For investments,credit risk is generally the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Investment ratings by investment type are included in the preceding summary of investments. Concentration risk—The District places no limit on the amount the District may invest in any one issuer. Interest rate risk—The District does not have a formal policy that limits investment maturities as a means of managing exposure to fair value losses arising from increasing interest rates. However,the Bond Indenture limits the type of investments held using unspent proceeds. 17 1 6 11 Al NOTE 5—CAPITAL ASSETS Capital asset activity for the fiscal year ended September 30,2015 was as follows: Beginning Ending Balance Additions Reductions Balance Governmental activities Capital assets,not being depreciated Construction in progress $ - $ 39,812 $ - $ 39,812 Total capital assets,not being depreciated - 39,812 - 39,812 Capital assets,being depreciated Infrastructure 15,671,039 - - 15,671,039 Total capital assets,being depreciated 15,671,039 - - 15,671,039 Less accumulated depreciation for: Infrastructure 5,870,584 744,269 - 6,614,853 Total accumulated depreciation 5,870,584 744,269 - 6,614,853 Total capital assets,being depreciated,net 9,800,455 (744,269) - 9,056,186 Governmental activities capital assets,net $ 9,800,455 $ (704,457) $ - $ 9,095,998 Depreciation expense was charged to maintenance and operations function. NOTE 6—LONG-TERM LIABILITIES Series 2014 On August 1,2014,the District issued$17,490,000 of Capital Improvement Revenue Refunding Bonds,Series 2014 due on May 1,2029 with a fixed interest rate of 3.80%.The Bonds were issued to refund the Series 2005 Bonds. Interest is to be paid semiannually on each May 1 and November 1, commencing May 1, 2015. Principal on the Bonds is to be paid serially commencing May 1,2015 through May 1,2029. The Series 2014 Bonds are subject to redemption at the option of the District prior to their maturity.The Bonds are subject to extraordinary mandatory redemption prior to maturity,in whole on any date,and in part on each interest payment date,in the manner determined by the Bond Registrar if certain events occurred as outlined in the Bond Indenture. The Bond Indenture established a debt service reserve requirement as well as other restrictions and requirements relating principally to the use of proceeds to pay for the infrastructure improvements and the procedures to be followed by the District on assessments to property owners. The District agrees to levy special assessments in annual amounts adequate to provide payment of debt service and to meet the reserve requirements.The District was in compliance with the requirements at September 30, 2015. Developer Liability In prior years, in connection with the Series 2005 project, the Developer advanced certain amounts to the District for construction.The deferred cost liability was estimated at$1,474,304.A liability balance of$468,707 exists at September 30, 2015. No deferred payments were made in the current fiscal year. The remaining balance will be paid as funds become available. The balance owed to the Developer is not included in the maturity schedule below. Series 2015 Note On September 10,2015,the District obtained from CN L Bank a$250,000 line of credit(also referred as 2015 Note) due on September 10, 2020 with fixed interest rate of 4.00%. The line of credit was issued to fund improvements to the bridge retaining wall(the"Project"). Beginning on October 10,2015 and continuing on the same day of each month thereafter for nine(9)months, the District shall make interest only payments. Beginning July 10,2016,the District shall make principal and interest payments monthly for fifty one(51)consecutive months,in an amount calculated by the Noteholder, based on the outstanding principal balance of the Series 2015 Note on June 10, 2016 and a fifty one (51) month amortization period. The unpaid principal balance of this Series 2015 Note,together with all accrued interest and charges owing in connection therewith, shall be due and payable on the Maturity Date. 18 1611 1 A 1 NOTE 6—LONG-TERM LIABILITIES(Continued) Long-term Debt Activity Changes in long-term liability activity for the fiscal year ended September 30,2015 were as follows: Beginning Ending Due Within Balance Additions Reductions Balance One Year Governmental activities Bonds payable: Series 2015 note $ - $ 3,538 $ - $ 3,538 $ - Series 2014 17,490,000 - 270,000 17,220,000 545,000 Deferred cost obligation 468,707 - - 468,707 - Total $17,958,707 $ 3,538 $ 270,000 $17,692,245 $ 545,000 At September 30, 2015,the scheduled debt service requirements on the long-term debt were as follows: Governmental Activities Year ending September 30: Principal Interest Total 2016 $ 545,000 $ 654,360 $ 1,199,360 2017 565,000 633,650 1,198,650 2018 585,000 612,180 1,197,180 2019 610,000 589,950 1,199,950 2020 635,000 566,770 1,201,770 2021-2025 3,560,000 2,453,280 6,013,280 2026-2029 10,720,000 1,442,290 12,162,290 Total $ 17,220,000 $ 6,952,480 $ 24,172,480 NOTE 7—DEFICIT NET POSITION The District has a government-wide net position deficit of($7,689,620)as of September 30,2015. There is no such deficit reflected in the governmental fund statements. The deficit in the government-wide statement of net position primarily relates to the excess of the amount of long-term debt outstanding over the amount of capital assets,net of accumulated depreciation. In a prior year various infrastructure improvements necessary to complete the District were financed through the issuance of long-term debt but were conveyed to other entities for maintenance. Those capital assets are not included in the assets of the District;however,the long- term debt associated with those assets remains a liability of the District. NOTE 8—MANAGEMENT COMPANY The District has contracted with a management company to perform management advisory services,which include financial and accounting services. Certain employees of the management company also serve as officers of the District. Under the agreement, the District compensates the management company for management,accounting,financial reporting, computer and other administrative costs. NOTE 9—RISK MANAGEMENT The District is exposed to various risks of loss related to torts;theft of,damage to,and destruction of assets; errors and omissions;and natural disasters.The District has obtained commercial insurance from independent third parties to mitigate the costs of these risks;coverage may not extend to all situations.There have been no claims from these risks that exceeded commercial insurance coverage over the past three years. 19 161141 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY,FLORIDA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE-BUDGET AND ACTUAL—GENERAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2015 Variance with Final Budget- Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Assessments $ 239,995 $ 239,995 $ 240,904 $ 909 Interest 500 500 606 106 Total revenues 240,495 240,495 241,510 1,015 EXPENDITURES Current: General govemment 110,426 110,426 120,523 (10,097) Physical environment 130,069 151,069 132,959 18,110 Cost of issuance - - 3,538 (3,538) Capital outlay - 45,000 39,812 5,188 Total expenditures 240,495 306,495 296,832 9,663 Excess (deficiency)of revenues over(under)expenditures - (66,000) (55,322) 10,678 OTHER FINANCING SOURCES Line of credit proceeds - - 3,538 3,538 Use of fund balance - 66,000 - (66,000) Total other financing sources - 66,000 3,538 (62,462) Net change in fund balances $ - $ - (51,784) $ (51,784) Fund balance-beginning 147,054 Fund balance-ending $ 95,270 See notes to required supplementary information 20 1611 __ , l HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA NOTES TO REQUIRED SUPPLEMENTARY INFORMATION The District is required to establish a budgetary system and an approved Annual Budget for the general fund. The District's budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. The budget approximates a basis consistent with accounting principles generally accepted in the United States of America(generally accepted accounting principles). The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. The general fund budget for the fiscal year ended September 30, 2015 was amended to increase appropriations and use of fund balance by$66,000. The variance between budgeted and actual general fund revenues for the current fiscal year was not considered significant. The actual general fund expenditures for the current fiscal year were lower than budgeted amounts due primarily to anticipated costs which were not incurred in the current fiscal year. 21 16111 A 1 ir 2700 North Military Trail-Suite 350 „I Boca Raton, Florida 33431 Grau & Associates (561)994-9299•(800)299-4728 Fax (561)994-5823 CERTIFIED PUBLIC ACCOUNTANTS www.graucpa.com INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States,the financial statements of the governmental activities and each major fund of Heritage Bay Community Development District, Collier County, Florida("District")as of and for the fiscal year ended September 30,2015,and the related notes to the financial statements,which collectively comprise the District's basic financial statements,and have issued our opinion thereon dated May 4, 2016. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements,we considered the District's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements,but not for the purpose of expressing an opinion on the effectiveness of the District's internal control.Accordingly,we do not express an opinion on the effectiveness of the District's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control,such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis.A significant deficiency is a deficiency,or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies.Given these limitations,during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.However,material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the District's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit,and accordingly,we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 22 1611 ' Al ._ Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing,and not to provide an opinion on the effectiveness of the entity's internal control or on compliance.This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance.Accordingly,this communication is not suitable for any other purpose. May 4,2016 23 1611 Al ? 2700 North Military Trail•Suite 350 Grau & Associates Boca Raton, Florida 33431 CI) (561)994-9299•(800)299-4728 Fax (561)994-5823 CE:IL'tiHEl) PUBLIC ACC www.graucpa.com INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH THE REQUIREMENTS OF SECTION 218.415,FLORIDA STATUTES,REQUIRED BY RULE 10.556(10)OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida We have examined Heritage Bay Community Development District, Collier County, Florida's ("District") compliance with the requirements of Section 218.415,Florida Statutes,in accordance with Rule 10.556(10)of the Auditor General of the State of Florida during the fiscal year ended September 30,2015.Management is responsible for the District's compliance with those requirements.Our responsibility is to express an opinion on the District's compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and,accordingly,included examining,on a test basis,evidence about the District's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the District's compliance with specified requirements. In our opinion, the District complied, in all material respects,with the aforementioned requirements for the fiscal year ended September 30, 2015. This report is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives,the Florida Auditor General,management,and the Board of Supervisors of Heritage Bay Community Development District,Collier County,Florida and is not intended to be and should not be used by anyone other than these specified parties. May 4,2016 24 16 11 l 2700 North Military Trail•Suite 350 Boca Raton, Florida 33431 Grau & Associates (561)994-9299•(800)299-4728 Fax (561)994-5823 CERTIFIED PllBE.l(; ACCOUNTANTS S www.graucpa.com MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida Report on the Financial Statements We have audited the accompanying basic financial statements of Heritage Bay Community Development District, Collier County, Florida("District")as of and for the fiscal year ended September 30,2015,and have issued our report thereon dated May 4,2016. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America;the standards applicable to financial audits contained in Government Auditing Standards,issued by the Comptroller General of the United States;and Chapter 10.550, Rules of the Florida Auditor General. Other Reports and Schedule We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and Compliance and Other Matters based on an audit of the financial statements performed in accordance with Government Auditing Standards; and Independent Auditor's Report on an examination conducted in accordance with AICPA Professional Standards, Section 601, regarding compliance requirements in accordance with Chapter 10.550,Rules of the Auditor General.Disclosures in those reports,which are dated May 4,2016, should be considered in conjunction with this management letter. Purpose of this Letter The purpose of this letter is to comment on those matters required by Chapter 10.550 of the Rules of the Auditor General for the State of Florida. Accordingly,in connection with our audit of the financial statements of the District, as described in the first paragraph,we report the following: I. Current year findings and recommendations. II. Status of prior year findings and recommendations. Ill. Compliance with the Provisions of the Auditor General of the State of Florida. Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies,as applicable,management,and the Board of Supervisors of Heritage Bay Community Development District,Collier County,Florida and is not intended to be and should not be used by anyone other than these specified parties. We wish to thank Heritage Bay Community Development District,Collier County, Florida and the personnel associated with it,for the opportunity to be of service to them in this endeavor as well as future engagements, and the courtesies extended to us. May 4, 2016 25 16I11 1 REPORT TO MANAGEMENT I. CURRENT YEAR FINDINGS AND RECOMMENDATIONS None II. PRIOR YEAR FINDINGS None III. COMPLIANCE WITH THE PROVISIONS OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA Unless otherwise required to be reported in the auditor's report on compliance and internal controls,the management letter shall include,but not be limited to the following: 1. A statement as to whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no significant findings and recommendations made in the preceding annual financial audit report for the fiscal year ended September 30,2014. 2. Any recommendations to improve the local governmental entity's financial management. There were no such matters discovered by, or that came to the attention of, the auditor, to be reported for the fiscal year ended September 30,2015. 3. Noncompliance with provisions of contracts or grant agreements,or abuse,that have occurred, or are likely to have occurred,that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. There were no such matters discovered by, or that came to the attention of, the auditor, to be reported,for the fiscal year ended September 30,2015. 4. The name or official title and legal authority of the District are disclosed in the notes to the financial statements. 5. The financial report filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes agrees with the September 30,2015 financial audit report. 6. The District has not met one or more of the financial emergency conditions described in Section 218.503(1), Florida Statutes. 7. We applied financial condition assessment procedures and no deteriorating financial conditions were noted as of September 30,2015.It is management's responsibility to monitor financial condition,and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. 26 1611 Al HERITAGE BAY Community Development District Annual Operating and Debt Service Budget Fiscal Year 2017 Version 4-Proposed Budget: (Printed on 4/26/2016 12pm) Prepared by: SEVERN TRENT SERVICES 1 6f :, Al HERITAGE BAY Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues,Expenditures and Changes in Fund Balances 1-2 Amortization Schedule 3-4 Budget Narrative 5-7 Exhibit A-Allocation of Fund Balances 8 DEBT SERVICE BUDGETS Series 2014 Summary of Revenues,Expenditures and Changes in Fund Balances 9 Amortization Schedule 10 Budget Narrative 11 SUPPORTING BUDGET SCHEDULES 2016-2017 Non-Ad Valorem Assessment Summary 12 161 °l Al Heritage Bay Community Development District Operating Budget Fiscal Year 2017 161' 1 Al HERITAGE BAY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2017 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU APRIL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2015 FY 2016 MAR-2016 SEP-2016 FY 2016 FY 2017 REVENUES Interest-Investments $ 606 $ 500 $ 189 $ 252 $ 441 $ 500 Special Assmnts-Tax Collector 250,000 250,000 248,036 1,964 250,000 250,000 Special Assmnts-Wall Project - 62,500 62,500 - 62,500 62,500 Special Assmnts-Reserves - 31,250 31,250 - 31,250 31,250 Special Assmnts-Discounts (9,096) (13,750) (12,767) - (12,767) (13,750) Other Miscellaneous Revenue - - 11,000 - 11,000 - TOTAL REVENUES 241,510 330,500 340,208 2,216 342,424 330,500 EXPENDITURES Administrative PIR-Board of Supervisors 7,200 8,000 5,000 2,000 7,000 8,000 FICA Taxes 551 612 383 153 536 612 ProfServ-Arbitrage Rebate 1,200 - - - - - ProfServ-Dissemination Agent 1,000 - - - - - ProfServ-Engineering 14,161 14,000 1,613 6,900 8,513 14,000 ProfServ-Legal Services 16,965 5,000 2,763 2,237 5,000 5,000 ProfSery-Mgmt Consulting Sery 38,246 39,394 19,697 19,698 39,395 40,576 ProfServ-Property Appraiser 3,750 5,156 - 3,750 3,750 5,156 ProfServ-Special Assessment 5,000 5,150 5,150 - 5,150 5,305 ProfServ-Trustee Fees 5,334 - - - - - ProfServ-Web Site Maintenance 483 750 281 198 479 750 Auditing Services 3,600 3,600 - 3,600 3,600 3,600 Postage and Freight 2,662 1,300 501 2,199 2,700 2,700 Insurance-General Liability 12,754 13,000 14,348 - 14,348 15,783 Printing and Binding 1,293 1,000 580 700 1,280 1,300 Legal Advertising 2,195 1,200 2,041 1,500 3,541 3,700 Misc-Bank Charges 651 750 83 - 83 750 Misc-Assessmnt Collection Cost 2,947 6,876 6,604 39 6,643 6,875 Office Supplies 330 550 33 276 309 550 Annual District Filing Fee 200 175 175 - 175 175 Total Administrative 120,522 106,513 59,232 43,260 102,482 114,832 Field ProfServ-Field Management 12,000 12,360 6,180 6,180 12,380 12,731 Contracts-Lake and Wetland 57,944 - - - - - R&M-Aquascaping 12,415 - - - - - R&M-Lake Erosion 43,313 - - - - - R&M-Contingency 5,900 2,000 - 1,000 1,000 1,000 Wall Improvements 41,199 218,500 93,623 188,365 281,988 - Total Field 172,771 232,860 99,803 195,545 295,348 13,731 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 1 1611 Al HERITAGE BAY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2017 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU APRIL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2016 FY 2016 MAR-2016 SEP-2016 FY 2016 FY 2017 Lakes and Ponds Contracts-Lake and Wetland - 60,744 30,372 30,372 60,744 76,000 Contracts-Water Quality Monitoring 10,000 R&M-Aquascaping - 5,000 - 2,600 2,600 5,000 R&M-Lake Erosion - 35,000 369 30,000 30,369 10,000 R&M-Contingency - 5.000 - - - 5,000 Impr-Miscellaneous - 2,000 - - - 2,000 Reserve-Lakes - 31,250 - - - 31,250 Total Lakes and Ponds - 138,994 30,741 62,972 93,713 139,250 Debt Service Operating Loan Repayment - 33,333 - 33,333 33,333 50,000 Interest Expense-Note - 6,670 68 2,822 2,890 8,234 Cost of Issuance - - 3,538 - 3,538 - Reserve-Loan variance - - - - - 4,453 Total Debt Service - 40,003 3,606 36,166 39,761 62,687 TOTAL EXPENDITURES 293,293 518,370 193,382 337,922 531,304 330,500 Excess(deficiency)of revenues Over(under)expenditures (51,783) (187,870) 146,826 (335,708) (188,880) 0 OTHER FINANCING SOURCES(USES) Loan/Note Proceeds - - 3,538 246,462 250,000 - Contribution to(Use of)Fund Balance - (187,870) - - - 0 TOTAL OTHER SOURCES(USES) - (187,870) 3,538 246,462 250,000 0 I Net change in fund balance (51,783) (187,870) 150,364 (89,244) 61,120 (0.17) FUND BALANCE,BEGINNING 147,053 95,270 95,270 - 95,270 156,390 FUND BALANCE,ENDING $ 95,270 $ (92,600) $ 245,634 $ (89,244) $ 156,390 $ 156,390 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 2 1611 Al HERITAGE BAY Community Development District $250,000 Loan, 5 years, 4.25% Amortization Schedule Principal Date Payment Principal Interest Balance $250,000.00 2/1/2016 $5,052.09 $4,166.67 $885.42 $245,833.33 3/1/2016 5,037.33 4,166.67 870.66 $241,666.66 4/1/2016_ 5,022.57 _ 4,166.67 855.90 $237,499.99 5/1/2016 5,007.82 4,166.67 841.15 $233,333.32 6/1/2016 4,993.06 4,166.67 826.39 $229,166.65 7/1/2016 4,978.30 4,166.67 811.63 $224,999.98 8/1/2016 4,963.54 4,166.67 796.87 $220,833.31 9/1/2016_ 4,948.79 4,166.67 782.12 $216,666.64 10/1/2016 4,934.03 4,166.67 767.36 $212,499.97 111/2016 4,919.27 4,166.67 752.60 $208,333.30 12/1/2016 4,904.52 4,166.67 737.85 $204,166.63 1/1/2017 4,889.76 4,166.67 723.09 $199,999.96 2/1/2017 4,875.00 4,166.67 708.33 $195,833.29 3/1/2017 4,860.25 4,166.67 693.58 $191,666.62 4/1/2017 4,845.49 4,166.67 678.82 $187,499.95 5/1/2017 4,830.73 4,166.67 664.06 $183,333.28 6/1/2017 4,815.98 4,166.67 649.31 $179,166.61 7/1/2017 4,801.22 4,166.67 634.55 $174,999.94 8/1/2017 4,786.46 4,166.67 619.79 $170,833.27 9/1/2017_ 4,771.70 4,166.67 605.03 $166,666.60 10/1/2017 4,756.95 4,166.67 590.28 i $162,499.93 11/1/2017 4,742.19 4,166.67 575.52 $158,333.26 12/1/2017 4,727.43 4,166.67 560.76 $154,166.59 1/1/2018; 4,712.68 4,166.67546.01 $149,999.92 2/1/2018; 4,697.92 4,166.67 I 531.25 $145,833.25 3/1/2018: 4,683.16 4,166.67 516.49 $141,666.58 4/1/2018' 4,668.41 4,166.67 501.74 $137,499.91 5/1/2018 4,653.65 4,166.67 486.98 $133,333.24 6/1/2018 4,638.89 4,166.67 472.22 , $129,166.57 7/1/2018 4,624.13 4,166.67 457.46 $124,999.90 _ 8/1/2018 4,609.38 4,166.67 442.71 $120,833.23 9/1/2018 4,594.62 4,166.67 427.95 $116,666.56 10/1/2018 4,579.86 4,166 67 413.19 $112,499.89 11/1/2018 4,565.11 4,166.67 398.44 $108,333.22 12/1/2018 4,550.35 4,166.67 383.68 $104,166.55 1/1/2019 4,535.59 4,166.67 368.92 $99,999.88 2/1/2019 4,520.84 4,166.67 354.17 $95,833.21 3/1/2019 4,506.08 4,166.67 339.41 $91,666.54 4/1/2019 4,491.32 4,166.67 324.65 $87,499.87 5/1/2019 4,476.57 4,166.67 309.90 $83,333.20 6/1/2019 4,461.81 4,166.67 295.14 $79,166.53 7/1/2019 4,447.05 4,166.67 280.38 $74,999.86 8/1/2019 4,432.29 4,166.67 265.62 $70,833.19 9/1/2019 4,417.54 4,166.67 250.87 $66,666.52 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 3 1 6 1 '1 A 1 HERITAGE BAY Community Development District $250,000 Loan, 5 years, 4.25% Amortization Schedule Principal Date Payment Principal Interest Balance I 10/1/2019 4,402.78 4,166.67 236.11 $62,499.85 11/1/2019 4,388.02 4,166.67 221.35 $58,333.18 i 12/1/2019 4,373.27 4,166.67 206.60 $54,166.51 1/1/2020 4,358.51 4,166.67 191.84 $49,999.84 2/1/2020 4,343.75 4,166.67 177.08 $45,833.17 3/1/2020 4,329.00 4,166.67 162.33 $41,666.50 4/1/2020 4,314.24 4,166.67 147.57 $37,499.83 5/1/2020 4,299.48 4,166.67 132.81 $33,333.16 6/1/2020 4,284.72 4,166.67 118.05 $29,166.49 7/1/2020 4,269.97 4,166.67 103.30 $24,999.82 8/1/2020 4,255.21 4,166.67 88.54 $20,833.15 9/1/2020 4,240.45 4,166.67 73.78 $16,666.48 10/1/2020 4,225.70 4,166.67 59.03 $12,499.81 11/1/2020 4,210.94 4,166.67 44.27 $8,333.14 12/1/2020 4,196.18 4,166.67 29.51 $4,166.47 1/1/2021 4,181.23 4,166.47 14.76 ($0.00) $277,005.19 $250,000.00 $27,005.19 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 4 1611 �A HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2017 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their operating and money market accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Wall Repair Project The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the repair of the wall embankment and any impending debt associated with making repairs. Assessment will be $50 per parcel and it will be levied until the loan being used to make the repairs is repaid which is expected to be in 2021. Special Assessments-Reserves The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order reestablish reserves which were depleted due to the District having to address numerous lake bank erosion issues. The assessment will be $25 per parcel and dedicated specifically to reserves until the reserves are reestablished at an appropriate level. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative PIR-Board of Supervisors Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated$200 per meeting at which they are in attendance. The amount for the Fiscal Year is based upon all supervisors attending all of the meetings. Professional Services-Engineering The District's engineer provides general engineering services to the District, i.e. attendance and preparation for board meetings when requested, review of invoices,and other specifically requested assignments. Professional Services-Legal Services The District's attorney provides general legal services to the District, i.e.,attendance and preparation for Board meetings, review of contracts, review of agreements and resolutions, and other research as directed or requested by the Board of Supervisors and the District Manager. Professional Services-Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. Severn Trent manages all of the District's financial activities such as accounts payable,financial statements,auditing and budgeting in accordance with the management contract in effect. An increase of 3%is projected for the next fiscal year to cover operating expenses. Annual Operating and Debt Service Budget Fiscal Year 2017 Page 5 Al 16 11 HERITAGE BAY Community Development District Genera!Fund Budget Narrative Fiscal Year 2017 EXPENDITURES Administrative(continued) Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service which is based upon 1.5%of the anticipated Non-Ad Valorem assessment collections. Professional Services-Special Assessment This is the Administrative fees to prepare the District's special assessment roll with a projected increase of 3%budgeted. Professional Services-Web Site Maintenance The cost of web hosting and regular maintenance of the District's website by Severn Trent Services. Auditing Services The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The budgeted amount for the fiscal year is based on contracted fees from an existing engagement letter. Postage and Freight Actual postage used for District mailings including agenda packages,vendor checks and other correspondence. Insurance-General Liability The Districts General Liability&Public Officials Liability Insurance policy is with Public Risk Insurance Agency,Inc. They specialize in providing governmental insurance coverage.The budgeted amount projects a 10%increase in the premium. Printing and Binding Copies used in the preparation of agenda packages,required mailings,and other special projects. Legal Advertising The District is required to advertise various notices for Board meetings and other public hearings in a newspaper of general circulation. Miscellaneous-Bank Charges This includes monthly bank charges for the maintenance of the operating accounts. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include,but not be limited to,those costs associated with personnel,forms,supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted,whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Department of Economic Opportunity Division of Community Development. Annual Operating and Debt Service Budget Fiscal Year 2017 Page 6 tAl 16 I1 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2017 EXPENDITURES Field Professional Services-Field Management Services Field Management Services for the District is performed by Severn Trent Services. This includes the regular inspection of all District assets and contractor performance monitoring. Items include but are not limited to: irrigation systems, ponds, wetlands, preserves, roads, street signs, sidewalks and drainage systems. A monthly report is provided for the Board's review to allow for their consideration of issues and action to consider. A projected 3%increase is budgeted. R&M-Contingency All other field expenses that do not fall into the category described above will be expensed to contingency. Lakes&Ponds Contracts-Lake&Wetland A contract was negotiated with Lake&Wetland Management for monthly lake maintenance of the Districts 31 lakes and littoral shelf maintenance which includes approximately 14.52 acres. Floridone Treatment was added May 2015. Contracts—Water Quality Monitoring A contract was negotiated with CPH for testing of the lakes and water quality monitoring. R&M-Aquascaping This is for any repair and maintenance expenses pertaining to the District's lakes that are not covered in the contract. R&M-Lake Erosion This is for any repair and maintenance expenses pertaining to erosion control that are not covered in the contract. R&M-Contingency All other lake expenses that do not fall into the categories described above will be expensed to contingency. Impr-Misc This expense has been designated specifically for lake improvements. Reserve—Lakes This is for lake improvement expenses that are projected to occur in the future. Debt Service Operating Loan Repayment During FY2015,the District began the process of procuring a 5 year loan for$250,000 with a projected APR of 4.25%. Beginning in FY16,monthly principal payments will be made towards the loan balance. Interest Expense-Note The District will make monthly interest payments on the loan balance. Annual Operating and Debt Service Budget Fiscal Year 2017 Page 7 16 1 1 Al HERITAGE BAY Community Development District Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2017 $ 156,390 Net Change in Fund Balance-Fiscal Year 2017 - Reserves-Fiscal Year 2017 Additions 93,937 Total Funds Available(Estimated)-9/30/2017 250,327 I ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 59,141 ill Reserves-Erosion Control 14,687 Reserves-Lakes(FY16) 31,250 Reserves-Lakes(FY17) 31,250 62,500 Reserves-Debt Service(FY17) 62,687 Subtotal 199,015 Total Allocation of Available Funds 199,015 I Total Unassigned(undesignated)Cash $ 51,312 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget Fiscal Year 2017 Page 8 1611 . Heritage Bay Community Development District Debt Service Budget Fiscal Year 2017 1611 ,A l HERITAGE BAY Community Development District Series 2014 Debt Service Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2017 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU APRIL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2015 FY 2016 MAR-2016 SEP-2016 FY 2016 FY 2017 REVENUES Interest-Investments $ 68 $ - $ 38 $ 38 $ 76 $ - Special Assmnts-Tax Collector 1,308,564 1,308,564 1,291,408 17,156 1,308,564 1,308,564 Special Assmnts-Discounts (47,609) (52343) (48,029) - (48,029) (52,343) TOTAL REVENUES 1,261,023 1,256,221 1,243,417 17,194 1,260,611 1,256,221 I EXPENDITURES Administrative ProfServ-Arbitrage Rebate - 600 - 600 600 600 ProfServ-Property Appraiser 19,628 19,628 - 19,628 19,628 19,628 ProfServ-Trustee Fees - 6,815 - 6,815 6,815 6,815 Misc-Assessmnt Collection Cost 15,427 26,171 24,844 343 25,187 26,171 Total Administrative 35,055 53,214 24,844 27,386 52,230 53,214 Debt Service Principal Debt Retirement 270,000 545,000 - 545,000 545,000 565,000 Interest Expense 476,311 654,360 327,180 327,180 654,360 633,650 Total Debt Service 746,311 1,199,360 327,180 872,180 1,199,360 1,198,650 TOTAL EXPENDITURES 781,366 1,252,574 352,024 899,566 1,251,590 1,251,864 Excess(deficiency)of revenues Over(under)expenditures 479,657 3,647 891,393 (882,372) 9,021 4,357 OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance - 3,647 - - - 4,357 I TOTAL OTHER SOURCES(USES) - 3,647 - - - 4,357 Net change in fund balance 479,657 3,647 891,393 (882,372) 9,021 4,357 FUND BALANCE,BEGINNING 604,350 1,084,007 1,084,007 - 1,084,007 1,093,028 FUND BALANCE,ENDING $ 1,084,007 $ 1,087,654 $ 1,975,400 $ (882,372) $ 1,093,028 $ 1,097,385 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 9 1 b 1 1 Al HERITAGE BAY Community Development District Amortization Schedule 2014 Refunding of Series 2005 Special Assessment Refunding Bonds Principal Year Principal special calls Interest Balance FY Total DS 11/1/2016 $ - $ 316,825.00 $ 16,675,000.00 5/1/2017 $ 565,000.00 $ - $ 316,825.00 $ 16,110,000.00 $ 1,198,650.00 11/1/2017 $ - $ 306,090.00 $ 16,110,000.00 5/1/2018 $ 585,000.00 $ - $ 306,090.00 $ 15,525,000.00 $ 1,197,180.00 11/1/2018 $ - $ 294,975.00 $ 15,525,000.00 5/1/2019 S 610,000.00 $ - $ 294,975.00 $ 14,915,000.00 $ 1,199,950.00 11/1/2019 $ - $ 283,385.00 $ 14,915,000.00 5/1/2020 $ 635,000.00 $ - $ 283,385.00 $ 14,280,000.00 $ 1,201,770.00 11/1/2020 $ - $ 271,320.00 $ 14,280,000.00 5/1/2021 $ 660,000.00 $ - $ 271,320.00 $ 13,620,000.00 $ 1,202,640.00 11/1/2021 $ - $ 258,780.00 $ 13,620,000.00 5/1/2022 $ 680,000.00 $ - $ 258,780.00 $ 12,940,000.00 $ 1,197,560.00 11/1/2022 $ - $ 245,860.00 $ 12,940,000.00 5/1/2023 $ 710,000.00 $ - $ 245,860.00 $ 12,230,000.00 $ 1,201,720.00 11/1/2023 5 - $ 232,370.00 $ 12,230,000.00 5/1/2024 $ 740,000.00 $ $ 232,370.00 $ 11,490,000.00 $ 1,204,740.00 11/1/2024 $ - $ 218,310.00 $ 11,490,000.00 5/1/2025 $ 770,000.00 $ - $ 218,310.00 $ 10,720,000.00 $ 1,206,620.00 11/1/2025 $ - $ 203,680.00 $ 10,720,000.00 5/1/2026 $ 800,000.00 $ - $ 203,680.00 $ 9,920,000.00 $ 1,207,360.00 11/1/2026 $ - $ 188,480.00 $ 9,920,000.00 5/1/2027 $ 830,000.00 $ - $ 188,480.00 $ 9,090,000.00 $ 1,206,960.00 11/1/2027 $ - $ 172,710.00 $ 9,090,000.00 5/1/2028 $ 865,000.00 $ - $ 172,710.00 $ 8,225,000.00 1,210,420.00 11/1/2028 $ - $ 156,275.00 $ 8,225,000.00 5/1/2029 $ 8,225,000.00 $ - $ 156,275.00 $ - $ 8,537,550.00 11/1/2029 $ - $ - $ - Totals $ 16,675,000.00 $ - $ 6,298,120.00 $ 22,973,120.00 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 10 6 1 1 --- A HERITAGE BAY Community Development District Debt Service Fund Budget Narrative Fiscal Year 2017 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their trust accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative Professional Services—Arbitrage Rebate The District contracted with an independent professional firm to annually calculate the District's Arbitrage Rebate Liability on its bonds. Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service.The property appraiser cost is based upon 1.5%of the anticipated Non-Ad Valorem assessment collections. Professional Services-Trustee The District pays US Bank an annual fee for trustee services on the Series 2014 Special Assessment Bond. The budgeted amount for the fiscal year is based on standard fees charged plus any out-of-pocket expenses. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include,but not be limited to,those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2%on the amount of special assessments collected and remitted,whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Debt Service Principal Debt Retirement The District pays regular principal payments annually in order to pay down/retire the debt. Interest Expense The District pays interest expense on the debt twice during the year. Annual Operating and Debt Service Budget Fiscal Year 2017 Page 11 1611 . Al Heritage Bay Community Development District Supporting Budget Schedules Fiscal Year 2017 1 6 1 1 A l HERITAGE BAY Community Development DistrictAll Funds Comparison of Assessment Rates Fiscal Year 2017 vs. Fiscal Year 2016 General Fund iDebt Service Total Assessments per Unit Units FY 2017 FY 2016 Percent ., FY 2017 FY 2016 Percent . FY 2017 FY 2016 Percent i Product Change Change Change c Executives $275.00 $275.00 0% ti $1,494.25 $1,494.25 0% $1,769.25 $1,769.25 0°J° 139 Classics 1 $275.00 $275.00 0% A $2,362.85 $2,362.85 0% i $2,637.85 $2,637.85 0% 95 Classics II i $275.00 $275.00 0% i., $2,552.25 $2,552.25 0% $2,827.25 $2,827 25 0% 18 Coach 1 $275.00 $275.00 0% ' $1,054.76 $1,054.76 0% $1,329.76 $1,329.76 0% 184 2 Story $275.00 $275.00 0% $878.97 $878.97 0% $1,153.97 $1,153.97 0% 364 4 Story l $275.00 $275.00 0% $703.18 $703.18 0% $978.18 $978.18 0% 450 1250 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 12 1611 RESOLUTION 2016-4 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2017 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS,the District Manager has heretofore prepared and submitted to the Board a proposed operating and/or debt service budget for Fiscal Year 2017; a copy of which is attached hereto,and WHEREAS,the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT; 1. The budget proposed by the District Manager for Fiscal Year 2017 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date,hour and place: Date: August 4,2016 Hour: 9:00 a.m. Place: Heritage Bay Clubhouse 10154 Heritage Bay Boulevard Naples,Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 5th day of May,2016. Edwin B. Hubbard Chairman Calvin Teague Secretary 1611A1 A 1. HERITAGE BAY Community Development District Annual Operating and Debt Service Budget Fiscal Year 2017 Version 5-Approved Budget (May 5,2016 meeting) Prepared by: SEVERN ``. .TRENT SERVICES 16 1 1 Al HERITAGE BAY Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues.Expenditures and Changes in Fund Balances 1-2 Amortization Schedule 3-4 Budget Narrative 5-7 Exhibit A-Allocation of Fund Balances 8 DEBT SERVICE BUDGETS Series 2014 Summary of Revenues,Expenditures and Changes in Fund Balances 9 Amortization Schedule 10 Budget Narrative 11 SUPPORTING BUDGET SCHEDULES 2016-2017 Non-Ad Valorem Assessment Summary 12 1611 Al Heritage Bay Community Development District Operating Budget Fiscal Year 2017 1611 Al HERITAGE BAY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2017 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU APRIL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2015 FY 2016 MAR-2016 SEP-2016 FY 2016 FY 2017 REVENUES Interest-Investments $ 606 $ 500 $ 189 $ 252 $ 441 $ 500 Special Assmnts-Tax Collector 250,000 250,000 248,036 1,964 250,000 250,000 Special Assmnts-Wall Project - 62,500 62,500 - 62,500 62,500 Special Assmnts-Reserves - 31,250 31,250 - 31,250 31,250 SpecialAssmnts-Discounts (9,096) (13,750) (12,767) - (12,767) (13,750) Other Miscellaneous Revenue - - 11,000 - 11,000 - I TOTAL REVENUES 241,510 330,500 340,208 2,216 342,424 330,500 EXPENDITURES Administrative PIR-Board of Supervisors 7,200 8,000 5,000 2,000 7,000 8,000 FICA Taxes 551 612 383 153 536 612 ProfServ-Arbitrage Rebate 1,200 - - - - - ProfServ-Dissemination Agent 1,000 - - - - - ProfServ-Engineering 14,161 14,000 1,613 6,900 8,513 14,000 ProfServ-Legal Services 16,965 5,000 2,763 2,237 5,000 5,000 ProfServ-Mgmt Consulting Sery 38,246 39,394 19,697 19,698 39,395 40,576 ProfServ-Property Appraiser 3,750 5,156 - 3,750 3,750 5,156 ProfServ-Special Assessment 5,000 5,150 5,150 - 5,150 5,305 ProfServ-Trustee Fees 5,334 - - - - - ProfServ-Web Site Maintenance 483 750 281 198 479 750 Auditing Services 3,600 3,600 - 3,600 3,600 3,600 Postage and Freight 2,662 1,300 501 2,199 2,700 2,700 Insurance-General Liability 12,754 13,000 14,348 - 14,348 15,783 Printing and Binding 1,293 1,000 560 700 1,260 1,300 Legal Advertising 2,195 1,200 2,041 1,500 3,541 3,700 Misc-Bank Charges 651 750 83 - 83 750 Misc-Assessmnt Collection Cost 2,947 6,876 6,604 39 6,643 6,875 Office Supplies 330 550 33 276 309 550 Annual District Filing Fee 200 175 175 - 175 175 Total Administrative 120,522 106,513 59,232 43,250 102,482 114,832 Field ProfServ-Field Management 12,000 12,360 6,180 6,180 12,360 12,731 Contracts-Lake and Wetland 57,944 - - - - - R&M-Aquascaping 12,415 - - - - - R&M-Lake Erosion 43,313 - - - - - R&M-Contingency 5,900 2,000 - 1,000 1,000 1,000 Wall Improvements 41,199 218,500 93,623 188,365 281,988 - Total Field 172,771 232,860 99,803 195,645 296,348 13,731 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 1 1611 iA .� Al HERITAGE BAY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2017 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU APRIL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2016 FY 2016 MAR-2016 SEP-2016 FY 2016 FY 2017 Lakes and Ponds Contracts-Lake and Wetland - 60,744 30,372 30,372 60,744 66,000 Contracts-Water Quality Monitoring 5,642 5,642 20,000 R&M-Aquascaping - 5,000 - 2,600 2,600 5,000 R&M-Lake Erosion - 35,000 369 30,000 30,369 10,000 R&M-Contingency - 5,000 - - - 5,000 Impr-Miscellaneous - 2,000 - - - 2,000 Reserve-Lakes - 31,250 - - - 31,250 Total Lakes and Ponds - 138,994 30,741 68,614 99,355 139,250 Debt Service Operating Loan Repayment - 33,333 - 33,333 33,333 50,000 Interest Expense-Note - 6,670 68 2,822 2,890 7,750 Cost of Issuance - - 3,538 - 3,538 - Reserve-Loan variance - - - - - 4,937 Total Debt Service - 40,003 3,606 36,155 39,761 62,687 TOTAL EXPENDITURES 293,293 518,370 193,382 343,564 536,946 330,500 Excess(deficiency)of revenues Over(under)expenditures (51,783) (187,870) 146,826 (341,348) (194,522) (0) OTHER FINANCING SOURCES(USES) Loan/Note Proceeds - - 3,538 246,462 250,000 - Contribution to(Use of)Fund Balance - (187,870) - - - (0) I TOTAL OTHER SOURCES(USES) - (187,870) 3,538 246,462 250,000 (0) Net change in fund balance (51,783) (187,870) 150,364 (94,886) 55,478 (0) FUND BALANCE,BEGINNING 147,053 95,270 95,270 - 95,270 150,748 FUND BALANCE,ENDING $ 95,270 $ (92,600) $ 245,634 $ (94,886) $ 150,748 $ 150,748 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 2 1611 Al . HERITAGE BAY Community Development District $250,000 Loan, 5 years, 4.0% Amortization Schedule I Principal Date Payment I Principal Interest Balance $250,000.00 2/1/2016 $5,000.00 $4,166.67 $833.33 $245,833.33 3/1/2016 4,986.11 4,166.67 819.44 $241,666.66 4/1/2016 4,972.23 4,166.67 805.56 $237,499.99 5/1/2016 4,958.34 4,166.67 791.67 $233,333.32 6/1/2016 4,944.45 4,166.67 777.78 $229,166.65 7/1/2016 4,930.56 4,166.67 763.89 $224,999.98 8/1/2016 4,916.67 4,166.67 750.00 $220,833.31 9/1/2016 4,902.78 4,166.67 736.11 $216,666.64 10/1/2016 4,888.89 4,166.67 722.22 $212,499.97 11/1/2016 4,875.00 4,166.67 708.33 $208,333.30 12/1/2016 4,861.11 4,166.67 694.44 $204,166.63 1/1/2017 4,847.23 4,166.67 680.56 $199,999.96 2/1/2017 4,833.34 4,166.67 666.67 $195,833.29 3/1/2017 4,819.45 4,166.67 652.78 $191,666.62 4/1/2017 4,805.56 4,166.67 638.89 $187,499.95 5/1/2017 4,791.67 4,166.67 625.00 $183,333.28 6/1/2017 4,777.78 4,166.67 611.11 $179,166.61 7/1/2017 4,763.89 4,166.67 597.22 $174,999.94 8/1/2017 4,750.00 4,166.67 583.33 $170,833.27 9/1/2017 4,736.11 4,166.67 569.44 $166,666.60 10/1/2017 4,722.23 4,166.67 555.56 $162,499.93 11/1/2017 4,708.34 4,166.67 ' 541.67 $158,333.26 12/1/2017 4,694.45 4,166.67 527.78 $154,166.59 1/1/2018 4,680.56 4,166.67 513.89 $149,999.92 2/1/2018 4,666.67 4,166.67 500.00 I $145,833.25 3/1/2018 4,652.78 4,166.67 486.11 I $141,666.58 4/1/2018 4,638.89 4,166.67 472.22 $137,499.91 5/1/2018 4,625.00 4,166.67 458.33 i $133,333.24 6/1/2018 4,611.11 4,166.67 444.44 $129,166.57 7/1/2018 4,597.23 4,166 67 430.56 $124,999.90 8/1/2018 4,583.34 4,166 67 416.67 $120,833.23 9/1/2018 4,569.45 4,166.67 402.78 $116,666.56 10/1/2018 4,555.56 4,166.67 388.89 $112,499.89 11/1/2018 4,541.67 4,166.67 375.00 $108,333.22 12/1/2018 4,527.78 4,166.67 361.11 $104,166.55 1/1/2019 4,513.89 4,166.67 347.22 $99,999.88 2/1/2019 4,500.00 4,166.67 333.33 $95,833.21 3/1/2019 4,486.11 4,166.67 319.44 $91,666.54 4/1/2019 4,472.23 4,166.67 305.56 $87,499.87 5/1/2019 4,458.34 4,166.67 291.67 $83,333.20 6/1/2019 4,444.45 4,166.67 277.78__ $79,166.53 7/1/2019 4,430.56 4,166.67 263.89 $74,999.86 8/1/2019 4,416.67 I4,166.67 250 00 $70,833.19 9/1/2019 4,402.78 4,166.67 236.11 $66,666.52 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 3 1611 Al HERITAGE BAY Community Development District $250,000 Loan, 5 years, 4.0% Amortization Schedule Principal Date Payment Principal Interest Balance 10/1/2019 4,388.89 4,166.67 222.22 $62,499.85 11/1/2019 4,375.00 4,166.67 208.33 $58,333.18 12/1/2019 4,361.11 4,166.67 194.44 $54,166.51 1/1/2020 4,347.23 4,166.67 180.56 $49,999.84 2/1/2020 4,333.34 4,166.67 166.67 $45,833.17 3/1/2020; 4,319.45 4,166.67 152.78 $41,666.50 4/1/2020: 4,305.56 4,166.67 138.89 $37,499.83 5/1/2020 4,291.67 4,166.67 125.00 $33,333.16 6/1/2020 4,277.78 4,166.67 111.11 $29,166.49 7/1/2020 4,263.89 4,166.67 97.22 $24,999.82 8/1/2020 4,250.00 _ 4,166.67 83.33 _ $20,833.15 9/1/2020 4,236.11 4,166.67 1 69.44 $16,666.48 10/1/2020 4,222.22 4,166.67 ! 55.55 $12,499.81 11/1/2020 4,208.34 4,166.671 41.67 $8,333.14 12/1/2020 4,194.45 4,166.67 27.78 $4,166.47 1/1/2021 4,180.36 4,166.47 13.89 ($0.00) $275,416.65 $250,000.00 $25,416.65 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 4 1 6 1 1 Al HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2017 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their operating and money market accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Wall Repair Project The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the repair of the wall embankment and any impending debt associated with making repairs. Assessment will be $50 per parcel and it will be levied until the loan being used to make the repairs is repaid which is expected to be in 2021. Special Assessments-Reserves The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order reestablish reserves which were depleted due to the District having to address numerous lake bank erosion issues. The assessment will be $25 per parcel and dedicated specifically to reserves until the reserves are reestablished at an appropriate level. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative PIR-Board of Supervisors Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated$200 per meeting at which they are in attendance. The amount for the Fiscal Year is based upon all supervisors attending all of the meetings. Professional Services-Engineering The District's engineer provides general engineering services to the District, i.e. attendance and preparation for board meetings when requested,review of invoices, and other specifically requested assignments. Professional Services-Legal Services The District's attorney provides general legal services to the District,i.e.,attendance and preparation for Board meetings, review of contracts, review of agreements and resolutions, and other research as directed or requested by the Board of Supervisors and the District Manager. Professional Services-Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. Severn Trent manages all of the District's financial activities such as accounts payable,financial statements,auditing and budgeting in accordance with the management contract in effect. An increase of 3%is projected for the next fiscal year to cover operating expenses. Annual Operating and Debt Service Budget Fiscal Year 2017 Page 5 1611A1 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2017 EXPENDITURES Administrative(continued) Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service which is based upon 1.5% of the anticipated Non-Ad Valorem assessment collections. Professional Services-Special Assessment This is the Administrative fees to prepare the District's special assessment roll with a projected increase of 3%budgeted. Professional Services-Web Site Maintenance The cost of web hosting and regular maintenance of the Districts website by Severn Trent Services. Auditing Services The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The budgeted amount for the fiscal year is based on contracted fees from an existing engagement letter. Postage and Freight Actual postage used for District mailings including agenda packages,vendor checks and other correspondence. Insurance-General Liability The Districts General Liability&Public Officials Liability Insurance policy is with Public Risk Insurance Agency, Inc. They specialize in providing governmental insurance coverage.The budgeted amount projects a 10%increase in the premium. Printing and Binding Copies used in the preparation of agenda packages,required mailings,and other special projects. Legal Advertising The District is required to advertise various notices for Board meetings and other public hearings in a newspaper of general circulation. Miscellaneous-Bank Charges This includes monthly bank charges for the maintenance of the operating accounts. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes,administrative costs shall include,but not be limited to,those costs associated with personnel,forms,supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Department of Economic Opportunity Division of Community Development. Annual Operating and Debt Service Budget Fiscal Year 2017 Page 6 16 1 1 Al HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2017 EXPENDITURES Field Professional Services-Field Management Services Field Management Services for the District is performed by Severn Trent Services. This includes the regular inspection of all District assets and contractor performance monitoring. Items include but are not limited to: irrigation systems, ponds, wetlands, preserves, roads, street signs, sidewalks and drainage systems. A monthly report is provided for the Board's review to allow for their consideration of issues and action to consider. A projected 3%increase is budgeted. R&M-Contingency All other field expenses that do not fall into the category described above will be expensed to contingency. Lakes&Ponds Contracts-Lake&Wetland A contract was negotiated with Lake &Wetland Management for monthly lake maintenance of the District's 31 lakes and littoral shelf maintenance which includes approximately 14.52 acres. Floridone Treatment was added May 2015. Contracts—Water Quality Monitoring A contract was negotiated with CPH for testing of the lakes and water quality monitoring. R&M-Aquascaping This is for any repair and maintenance expenses pertaining to the District's lakes that are not covered in the contract. R&M-Lake Erosion This is for any repair and maintenance expenses pertaining to erosion control that are not covered in the contract. R&M-Contingency All other lake expenses that do not fall into the categories described above will be expensed to contingency. Impr-Misc This expense has been designated specifically for lake improvements. Reserve—Lakes This is for lake improvement expenses that are projected to occur in the future. Debt Service Operating Loan Repayment During FY2015,the District obtained a 5 year loan in the amount of$250,000 with an APR of 4.00%. Beginning FY16, the District anticipates making monthly principal payments towards the outstanding loan balance. Interest Expense-Note The District will make monthly interest payments on the loan balance. Annual Operating and Debt Service Budget Fiscal Year 2017 Page 7 1611 Al HERITAGE BAY Community Development District Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2017 $ 150,748 Net Change in Fund Balance-Fiscal Year 2017 - Reserves-Fiscal Year 2017 Additions 36,187 Total Funds Available(Estimated)-9/30/2017 186,935 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 73,578 (1) Reserves-Erosion Control 14,687 Reserves-Lakes(FY16) 31,250 Reserves-Lakes(FY17) 31,250 62,500 Reserves-Debt Service(FY17) 4,937 Subtotal 155,702 Total Allocation of Available Funds 155,702 Total Unassigned(undesignated)Cash $ 31,233 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget Fiscal Year 2017 Page 8 1 6 1 1 Al Heritage Bay Community Development District Debt Service Budget Fiscal Year 2017 1611 Al HERITAGE BAY Community Development District Series 2014 Debt Service Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2017 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU APRIL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2015 FY 2016 MAR-2016 SEP-2016 FY 2016 FY 2017 REVENUES Interest-Investments $ 68 $ - $ 38 $ 38 $ 76 $ - Special Assmnts-Tax Collector 1,308,564 1,308,564 1291,408 17,156 1,308,564 1,308,564 Special Assmnts-Discounts (47,609) (52,343) (48,029) - (48,029) (52,343) TOTAL REVENUES 1,261,023 1,256,221 1,243,417 17,194 1,260,611 1,256,221 EXPENDITURES Administrative ProfServ-Arbitrage Rebate - 800 - 600 600 600 ProfServ-Property Appraiser 19,628 19,628 - 19,628 19,628 19,628 ProfServ-Trustee Fees 6,815 - 6,815 6,815 6,815 Misc-Assessmnt Collection Cost 15,427 26,171 24,844 343 25,187 26,171 Total Administrative 35,055 53,214 24,844 27,386 52,230 53,214 Debt Service Principal Debt Retirement 270,000 545,000 - 545,000 545,000 565,000 Interest Expense 476,311 654,360 327,180 327,180 654,360 633,650 Total Debt Service 746,311 1,199,360 327,180 872,180 1,199,360 1,198,660 TOTAL EXPENDITURES 781,366 1,252,574 352,024 899,566 1,251,590 1,251,864 Excess(deficiency)of revenues Over(under)expenditures 479,657 3,647 891,393 (882,372) 9,021 4,357 OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance - 3,647 - - - 4,357 TOTAL OTHER SOURCES(USES) - 3,647 - - - 4,357 Net change in fund balance 479,657 3,647 891,393 (882,372) 9,021 4,357 FUND BALANCE,BEGINNING 604,350 1,084,007 1,084,007 - 1,084,007 1,093,028 FUND BALANCE,ENDING $ 1,084,007 $ 1,087,654 $ 1,975,400 $ (882,372) $ 1,093,028 $ 1,097,385 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 9 1611 Al HERITAGE BAY Community Development District Amortization Schedule 2014 Refunding of Series 2005 Special Assessment Refunding Bonds Principal Year Principal special calls Interest Balance FY Total DS 11/1/2016 $ - $ 316,825.00 $ 16,675,000.00 5/1/2017 $ 565,000.00 $ - $ 316,825.00 $ 16,110,000.00 $ 1,198,650.00 11/1/2017 $ - $ 306,090.00 $ 16,110,000.00 5/1/2018 $ 585,000.0.0 $ - $ 306,090.00 $ 15,525,000.00 $ 1,197,180.00 11/1/2018 $ - $ 294,975.00 $ 15,525,000.00 5/1/2019 $ 610,000.00 $ - $ 294,975.00 $ 14,915,000.00 $ 1,199,950.00 11/1/2019 $ - $ 283,385.00 $ 14,915,000.00 5/1/2020 $ 635,000.00 $ - $ 283,385.00 $ 14,280,000.00 $ 1,201,770.00 11/1/2020 $ - $ 271,320.00 $ 14,280,000.00 5/1/2021 $ 660,000.00 $ - $ 271,320.00 $ 13,620,000.00 $ 1,202,640.00 11/1/2021 $ - $ 258,780.00 $ 13,620,000.00 5/1/2022 $ 680,000.00 $ - $ 258,780.00 $ 12,940,000.00 $ 1,197,560.00 11/1/2022 $ - $ 245,860.00 $ 12,940,000.00 5/1/2023 _ $ 710,000.00 $ - _ $ 245,860.00 $ 12,230,000.00 $ 1,201,720.00 11/1/2023 $ - $ 232,370.00 $ 12,230,000.00 5/1/2024 $ 740,000.00 $ - $ 232,370.00 $ 11,490,000.00 $ 1,204,740.00 11/1/2024 $ - $ 218,310.00 $ 11,490,000.00 5/1/2025 $ 770,000.00 $ - $ 218,310.00 $ 10,720,000.00 $ 1,206,620.00 11/1/2025 _$ - $ 203,680.00 $ 10,720,000.00 5/1/2026 $ 800,000.00 $ - $ 203,680.00 $ 9,920,000.00 $ 1,207,360.00 11/1/2026 $ - $ 188,480.00 $ 9,920,000.00 5/1/2027 $ 830,000.00 $ $ 188,480.00 $ 9,090,000.00 $ 1,206,960.00 11/1/2027 $ - $ 172,710.00 $ 9,090,000.00 5/1/2028 $ 865,000.00 $ - $ 172,710.00 $ 8,225,000.00 $ 1,210,420.00 11/1/2028 $ - $ 156,275.00 $ 8,225,000.00 5/1/2029 $ 8,225,000.00 $ - $ 156,275.00 $ - $ 8,537,550.00 11/1/2029 $ - $ - $ - Totals $ 16,675,000.00 $ - $ 6,298,120.00 $ 22,973,120.00 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 10 1611 Al HERITAGE BAY Community Development District Debt Service Fund Budget Narrative Fiscal Year 2017 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their trust accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative Professional Services—Arbitrage Rebate The District contracted with an independent professional firm to annually calculate the District's Arbitrage Rebate Liability on its bonds. Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service.The property appraiser cost is based upon 1.5%of the anticipated Non-Ad Valorem assessment collections. Professional Services-Trustee The District pays US Bank an annual fee for trustee services on the Series 2014 Special Assessment Bond. The budgeted amount for the fiscal year is based on standard fees charged plus any out-of-pocket expenses. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Debt Service Principal Debt Retirement The District pays regular principal payments annually in order to pay down/retire the debt. Interest Expense The District pays interest expense on the debt twice during the year. Annual Operating and Debt Service Budget Fiscal Year 2017 Page 11 1611 Al Heritage Bay Community Development District Supporting Budget Schedules Fiscal Year 2017 1611 Al HERITAGE BAY Community Development District All Funds Comparison of Assessment Rates Fiscal Year 2017 vs.Fiscal Year 2016 General Fund Debt Service Total Assessments per Unit Units FY 2017 FY 2016 Percent ; FY 2017 FY 2016 Percent FY 2017 FY 2016 Percent Product Change ,j Change Change Executive $275.00 $275.00 0% '? $1,494.25 $1,494.25 0% $1,769.25 $1,769.25 0% 139 Classics $275.00 $275.00 0% $2,362.85 $2,362.85 0% $2,637.85 $2,637.85 0% 95 Classics II $275.00 $275.00 0% $2,552.25 $2,552.25 0% $2,827.25 $2,827.25 0% 18 Coach $275.00 $275.00 0% $1,054.76 $1,054.76 0% $1,329.76 $1,329.76 0% 184 2 Story $275.00 $275.00 0% $878.97 $878.97 0% $1,153.97 $1,153.97 0% 364 4 Story $275.00 $275.00 0% $703.18 $703.18 0% $978.18 $978.18 0% 450 1250 Annual Operating and Debt Service Budget Fiscal Year 2017 Page 12 1 6 1 1 Al lirir . --- JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS April 19, 2016 Heritage Bay CDD Mr. Kenneth Cassel Severn -Trent Services 210 N. Univeristy Drive Suite 702 Coral Springs, FL 33071 Dear Mr. Cassel In compliance with Chapter 190.06 Florida Statutes,this notice is to inform that the official records of the Collier County Supervisor of Elections indicate 585 registered voters residing in the Heritage Bay CDD as of April 15, 2016. Should you have questions regarding election services for this district, please feel free to contact our office. Si erely, ( /..,00.) t.e.__t_.___c:c_._•---:1-- David B Carpenter Qualifying Officer Collier County Supervisor of Elections (239) 252-8501 DaveCarpenter@colliergov.net RECEIVED CORAL SPRINGS,FL APR 2 0 2016 SEVERN Ti HEN] ENVIRONMENTAL F'F"2VICES,INC. .FFo ,P mem ak��0 Rev Dr Martin Luther King Jr Building•Collier Government Complex•3295 Tamiami TrI E re Naples FL 34112-5758 477: • Telephone:239/252-8450•Fax: 239/774-9468 ' 1611A1 Heritage Bay CDD Severn Trent Services Field Management Report Site Inspection - 3/31/16 & 4/21/16 1. Lake Management:The water level has dropped in the various lakes and the outfalls were not flowing as of 4/21/16.Overall the lakes look very healthy and the littorals are being managed well. Many of the immature lake bank palms have been cut down as requested, however, much of the thalia remains. Additional lake maintenance information is found below,all lake issues are low density unless otherwise noted. f.. A;•,,Itif*Pt.''''''''''' ' 2.";,.`:::' 'V.'''''''''-' Irf7,51,947T ^,"A,..� r ,4 '-'174:'•;7:2'.1,a ^m oa is`. „+�' 'J ..s. a yam T, ^w�.' .yam z,� rGe ti!a w '- r ' :` .i . } -171f:4',,,%.; a. Algae on Lakes: 4, 10, 19, & 23. b. Littorals:The littorals are continuing to thrive in the various lakes and grow more abundant even with the extended high water season. (Lakes 13 &22 pictured). • R -,a ti yyJw I y�+nV'�'^�$.iN"Y,pf�µ�(�; ` -'.4. "`d I 1611 ')\ l c. Rocks:The weeds in the rocks on the southwest side and south bank of lake 30A should be sprayed out. ,,,,t,14.-,d'4..:. -. ii`..-431.14*7-7,E'„:-,`:.-''''''''''44:1;°--,.,- _,....0404''.,W.,.:‘04,*4it--'----.,,,-7 "..-;:lte' 4 l S "R p 4* Wil' ^ ,y ' 4*1' ?..:.4 EST' r-_rJ, .�p. .jr .,' -'• •' ....tt L " µ7'"•h E rrr'..4'`.1'`x:,:w° d. Weeds: i. Alligator Weed in Lakes: No issues observed. ii. Brazilian Pepper: No issues observed. iii. Cattails in Lakes: 4. iv. Climbing Hemp Vine in Lakes: No issues observed. v. Dollar Weed in Lakes: No issues observed. vi. Hydrilla in Lakes: 10. vii. Illinois Pond Weed in Lakes:5,6, 12, 19, 20,26,27,30A,&30B. • viii. Red Ludwigia in lakes: 1, 2,4, 10, &15. ix. Spatterdock in lakes:Two small patches were noticed on 30A, but as of 4/21/16 they had been removed. 3/31/16 4/21/16 ' ..w- Y,N' f'" =� v., - --=a ' sres w x. Torpedo Grass in Lakes: 3, 5, 10, 15, 23, &26. e. Fish/Aquatic Life: No issues observed. f. Trash in Lakes: Minimal trash observed, no need for a clean-up. 2 1611 'Al g. Bulkheads: No issues observed. h. Clippings in Lakes: No issues observed. 2. Dissolved Oxygen(D.O.)Tests: The next test will be scheduled for May 2016. 3. Lake Bank Erosion: a. The bridge wall repair project is coming to a close.All quadrants have been regraded and the stones put in place. Irrigation lines were being repaired and additional rock fill was being added as of 4/21/16. tsk ksr*, �,.:: b. Two erosion areas have been observed on the northwest side of lake 10. No repair is necessary at this time,but it is something that will need to be watched and likely repaired in the future. ..c ,..--:,1, q4 %, ��' , '", .,.,.' us + x ., eF At x 3 � .a� ;st jAy.�e r- 4. �. , -,[.;!2?--474-44 "'12:; ,.,"' .'ti r y ' '• , e ' d r •Y., , —, • ' 4 ,c• "r t ,70,,, rc,,,,em. ,, ..rr Y r �1 , r{ {y'- � A4 tR � 4 4. -603 t. . , ,',4*.1 • hr ` ,' k §,:.,. };N$ Y,�4V' pr 44SO4:' iii ""i, ''x'? ,, 5 a K..-POr'' z ,*1-,-''''i":-4rt �a.Y`ry�,,�d�, .'fq , ;r_ t.v � ;tea '.. '" !xz z;i `.r . .'" # ,,. c. An area of erosion is forming from runoff from a drain west of the practice area on the north bank of lake 19 just behind the clubhouse. Estimated costs to repair this issue are$150.00-..$1,,0004,..7;.0.,,,,,,:./..: '/ ,tom , --,g ,,4+ a� ,'3 x ,..,,,..7„,-4,rvx,,'CT w fig '4*'.. 2 k e,.€44,'-1-,,,,,-')'-4U'' ''' .;1:,4 ' ' a..,tfa;.'4. - l'::,?1. 1''''. "' v'�+',4 i �.{ d. There are a few areas of concern on the north bank of lake 19 in front of the practice areas.There is step erosion in this area that is greater than 3 1611 Al 9" and will need to be addressed at some point.There are also two areas where the bank is being eroded that should be addressed. Estimated costs to repair these issues are$3,500.00 $10,000.00. ♦ F � ce / ' r ), 4 O • � q+4gK� a w 11 .z e. Wave action has continued to batter the north and north west bank of lake 20.The step erosion is much greater than 9" in most areas.This is a large area that will need proper planning to repair along with suggestions from the Engineer. t''f4t �} r y it t `5 Bn'., .t `fir 4 1611 ' A1 f. Now that the water is beginning to recede it is recommended that the washouts underneath the culverts on lake 22 be filled.These areas were likely created by fish during the high water period. Estimated costs to repair these areas are$500.00—$750.00. ,ta } y9 R r ki," c ry .,•-• ( -,'•_•' v4-... ..,•'-'1•4'' !,..'0•&.zril• , • ,,.{ Fj�yw�,,-.44,..,-T.'44--L: -4't.:1°-1,4:;,-.`--:.,�{i X 1 j� �` .`�'�C-L w",•'1{' -Cyaj•; 1. , d 4 -4*, l t% g. With the lower water levels the amount of step erosion on the north bank of lake 30A where there is no rip rap is highly visible and varies 8"— 14"+ in some areas.This is a large area that will need proper planning to repair along with suggestions from the Engineer. a toff. � , s -� L, ., - ',14 y'' WAN' tY A 'S� �. , 4k,..,„*''.... -- ' ° �`? J i, ' • a • . £ c-,r ..,--,4, a �#'` 5 ;":1k*".' s 4. Storm Drainage System: a. Control Structures: I. Basin 1:Control Structure L3L10 was not flowing.Control Structure L5L6 was not flowing . ii. Basin 2:Control Structure L12L20 was not flowing. iii. Basin 3:Control Structure L251-3°was not flowing. Control Structure L27L30 was not flowing. 5 161141 iv. Basins 4&5:Control Structure L28L30 was not flowing as designed, but water appeared to be flowing around the weir.This issue has been sent to the Engineer for comment and to see if any action is necessary.Settling was observed on the southwest corner which was opposite of the side where water was flowing. Control Structure L29L30 was not flowing. .44$1w 4 #r �' at b. Lity;ms. , ,[$carr :^ . "� • 110 •i r ; `4 °i " ter tYci � y �� r ��tis�a. V. Basin 6:Control Structure L30000O2 was not flowing. Control Structure L30000O3 was not flowing. ite.'. Vi opilopp. >t 40:10-41,41 ,„ mea t �..,f f ,'✓y .. fYFr. op- le N.. � S 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. 5. Fish/Wildlife Observations: ❑ Bass ❑Bream ❑Catfish ❑Gambusia ® Egrets ®Herons ❑Coots [ Gallinules ®Anhinga ❑Cormorant n Osprey ❑ Ibis ❑Woodstork n Otter ®Alligators ®Snakes ®Turtles _Other Species: Ducks,Tilapia 6 161, 1 Al 6. Residential Complaints/Concerns: No issues observed. 7. Non-CDD Issues: a. SFWMD has recently cut the boundary between their land and Heritage Bay as requested. 12/16/15 4/21/16 ...'-;1 :',.., t, k�,. X47 _ .r • 'f8 Ayr ;,,,,:4';*•-44411t ''''t '*,.*:.'"4.•,,,„,,, ''' aKi; ..' tNWS F 11 b Ste. t�;,�,y��. ,p 7'��i f Y 41 ' SEA` 4' b. The Quarry CDD has removed the Brazilian pepper trees on the southwest corner of lake 306 as requested. 10/21/15 3/31/16 )' nt. .v �� *k ';a. f s. r %," ., :'0, '1`.1.. .. d, „., *; '.0. • - ,','I''''.--i•;&,t44, ,,i'w-rot,,,,,,,,,,,,„ .;;;.,.-, ...;, - . , e 7 161141 8. Follow up items: Heritage Bay CDD Follow Up Tasks Summary Follow Up Task .Reported On Assigned Action Completed Erosion on lakes 1,2,4,5,6,10,12,14,17,19,20,22,23,24,27,30A,30B 11/25/2014 + Monitoring Floating Pipes lakes 2,5,7,8,9,10,11,13,14,1.7,18,19,21,24,26 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 GolfCourse Completed Remove trash on the bank of lake 2 7/15/2015 i Golf Course Completed Remove silt fence in tract Ii 7/15/2015 LaMorada Vendor Completed Field Manager Tasks Inspect video of interconnect recordings 9/25/2014 Completed Write letter to The Quarry requesting removal of Brizillian Pepper .Quarry Community 10/17/2014 Completed Trees Associaiton 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 Remove palms on the lake banks and thalia in the lakes 1/7/2016 Lake&Wetlands In Progress Treat algae on lake 28 2/17/2016 Lake&Wetlands Completed 8 1 6 1 1 Al Copeland Southern Enterprises,Inc. DATE: 05;1/2016 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faireloth(d.stserviccs.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland coneland sei(dlaol.com OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME:Control Structure L28L30 Seal RepairNot-T$ WORK DESCRIPTION:Clean all 4 side of the inside of structure L28L30 within ScheduleulExceed eFffect at Fee baseduponthe Rate in effect at the time service is rendered: the structure scam and Install I lydralastic 836 Rubber Seal to fill gap and install $ an 6" X 4 ft Aluminum Plate over the top seal on all 4 side of the control structure Lump Sum Fixed Fee: $ 675.00 REMARKS: 1)All Resident and Guest will need to be notified to stay clear of the work area during the project for everyone's safety. Total Fees: $ 675.00 Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the L28L30 repairs to Structure joint within the box for the above-referenced project: SCOPE OF SERVICES(Limited to the following): I. CSEI will set up MOT around work areas to insure the safety of the residents and guests during the project. 2. CSEI will Pressure Clean inside Seam on Control Structure L28L30 to remove Dirt and Debris before Appling H-836. 3. Once Box joint has dried crews will apply Hydralastic 836 to fill inside Joint where water has been intruding. 4. After the Hydralastic 836 has cured a 6 inch wide Aluminum plate will be placed over seam and anchored to the box. 5. Crews will back fill sink hole on west side of Control Structure L28L30 and re-place Sod. 6. MOT will be removed after project has been completed and work areas have been policed. Note: Any additional work and services requested, and is not found in this Proposal can be done, but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information, Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: 1 6 1 1 AT l wr_�TSI Disaster Recovery, LLC i S Sic` ti�a ? ESTIMATE t_; 1311 Indiana Aveune Recovery _O Saint Cloud,FL 34769 Date Estimate# 5/2/2016 EST217-3 Name I Address Heritage Bay,CDD. Severn Trent Mgmt.Services 5911 County Lakes Drive Ft. Myers,FL 33905 Description Total Repair gap between concrete sections in Control structure L28L30 at Heritage Bay. 550.00 Working from inside the structure,we propose to scrap off any loose material and clean away any substances from the surfaces of the concrete gap that will come in contact with the repair mortar. We will then hand-pack appropriate concrete repair mortar into the gap encircling the control structure.The material will be built up in small layers,to ensure a complete repair,until it is flush with the inside edge of the control structure wall.The mortar will then be troweled smoothed and allowed to cure. Next,the sod around the southwest corner of the structure will be cut up and set aside.We will use appropriate soil to fill and compact into the depression.We will then reinstall the sod,blending it into the adjacent sod. Total $550.00 Phone X07-891-8005 Fax# 407-891-9005 info@tsidisaster.com 16 I 1 ^ __- _ I., 2 rE fl pi le- MINUTES OF MEETING By '-_ �� HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Bay Community Development District was held on Thursday, May 5, 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 John May Assistant Treasurer Dennis Gagne Assistant Secretary Richard Brodeur Assistant Secretary Also present were: Calvin Teague District Manager Josh Lockhart District Engineer Gonzalo Ayers Lake&Wetlands Management Ralph Verrastro Bridging Solutions,LLC Resident The following is a summary of the actions taken at the May 5, 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 March 3,2016 Regular Meeting Mr. Teague stated each Board member received a copy of the minutes of the March 3,2016 regular meeting and requested any additions,corrections or deletions. There not being any, 16 1 1 Al May 5, 2016 Heritage Bay CDD On MOTION by Mr. May seconded by Mr. Gagne with all in favor the March 3, 2016 regular meeting minutes were approved. FIFTH ORDER OF BUSINESS New Business C. Lakes &Water Monitoring Program • Mr. Lockhart from CPH presented a revised proposal for water quality analysis for all lakes except 30A and 30B. • Discussion ensued and the Board noted they are still considering the project. It was requested Mr.Lockhart present the cost per acre for the work being proposed. The record will reflect Mr. Lockhart left the meeting. FOURTH ORDER OF BUSINESS Old Business B. Umbrella Association Sub-Committee Meeting Update • Mr. May and Mr. Hubbard reported on the Umbrella Association Sub-Committee meeting. • Discussion ensued with regard to sharing responsibilities and it was agreed all items identified in the minutes as being agreed upon were acceptable to the HBCDD; but those areas of dispute will have to be issues for further discussions. Mr.Hubbard will communicate this position to the Sub-Committee. A. Wall Repair Update • Mr. Ralph Verrastro from Bridging Solutions reported the work is complete and the final documents have been submitted to Justin. The project had few problems and was within the contract budget. The record will reflect Mr. Verrastro left the meeting. D. Lake&Wetland Contract Discussion • Mr. Gonzalo Ayers from Lake& Wetlands Management presented a proposal for an increase in the monthly fees to include the control of Illinois Pond Weed in Lakes 30A and 30B. • Discussion ensued with regard to the proposal. The BOS agreed that the contract will be increased to $4,449.55 per month for all HBCDD lakes except Lakes 30A and 30B. Lake & Wetlands will control the Illinois Pond Weed in Lake 30A, 2 1611 ri I May 5, 2016 Heritage Bay CDD along the east banks of Lake 30B and spray for weeds within all rip rap areas on the shore line of Lake 30A and along the north and east bank of Lake 30B. In addition they will maintain the littoral areas on both Lake 30A and 30B for an additional $1,000 per month. The total monthly fee will increase to$5,495.55 per month effective May 1,2016. On MOTION by Mr. May seconded by Mr. Brodeur with all in favor to accept the proposal from Lake & Wetland Management for lake management services broken into two sections; one is to perform lake maintenance service for $4,449.55 per month(approximately$53,400 per year); and second to perform lake management service on Lake 30A and 30B as described in the document for$1,000 per month ($12,000 per year) effective as of May 1, 2016 was approved. C. Discussion on Perimeter Berms • Mr. Hubbard reported on the issue of residents removing plants from the preserve area behind their homes in addition to planting new native plants. • Mr. Hubbard discussed the issue with the HOA President. A Memorandum of Understanding between the CDD and the HOA and follow up emails were discussed;copies of which are attached for the record. • There was no opposition from the BOS with the plan proposed by the Chairman that existing plantings will be "grandfathered in" and any new plantings will be restricted. • Any further action or comments from the HOA will be brought back to the Board for discussion. FIFTH ORDER OF BUSINESS New Business A. Interlocal Agreement • Mr. Teague reported that the Interlocal Agreement to identify responsibilities for Lake 30B as presented was approved by the Quarry CDD. 3 1 6 1 1 . x. .1 May 5, 2016 Heritage Bay CDD On MOTION by Mr. Gagne seconded by Mr. May with all in favor the Chairman was authorized to execute the Interlocal Agreement with the Quarry CDD Relating to SFWMD Permit Requirements. B. Lake 12 Repair Proposals • Proposals to repair washouts and connect downspouts to drainage tubes were discussed. On MOTION by Mr. Brodeur seconded by Mr. Gagne with all in favor the proposal from Copeland Southern Enterprises, Inc. in the amount of$2,975 was approved. C. Lakes&Water Monitoring Program • This item was previously discussed. D. TSI Rip Rap Proposals • Discussion ensued with regard to erosion issues on Lake 30A and proposals from TSI were presented. This project will need to be included in a capital plan for future work. 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 March 31,2016 were reviewed. On MOTION by Mr. Hubbard seconded by Mr. Brodeur with all in favor the March 31, 2016 financials were accepted. B. Acceptance of FY 2015 Audit • The FY 2015 audit was distributed and due to time constraints the BOS authorized the Chairman to sign the Annual Financial Report (AFR); the audit will be discussed at the next meeting. 4 1 6 1 1 A May 5, 2016 Heritage Bay CDD On MOTION by Mr. May seconded by Mr. Gagne with all in favor the Chairman was authorized to sign the Annual Financial Report(AFR). C. Distribution of Proposed Fiscal Year 2017 Budget and Consideration of Resolution 2016-4 Approving the Budget and Setting the Public Hearing • The fiscal year 2017 proposed budget was discussed. • There are no increase in assessments. On MOTION by Mr. May seconded by Mr. Brodeur with all in favor Resolution 2016-4 approving the proposed budget for fiscal year 2017 and setting a public hearing on August 4, 2016 at 9:00 a.m. in the Heritage Bay Clubhouse was adopted. D. Report on the Number of Registered Voters(585) • A report from the Collier County Supervisor of Elections indicates there were 585 registered voters within the District as of April 15,2016. E. Field Manager's Report • The Field Management Report for site inspections conducted on March 31, 2016 and April 21,2016 was reviewed; a copy of which is attached for the record. • Proposals from Copeland Southern Enterprises and TSI to repair L28L30 identified in the report were presented for review. • Mr. Hubbard recommended Copeland Southern Enterprises proposal be accepted with a new quote to include repair to Lake 22 as well. On MOTION by Mr. May seconded by Mr. Gagne with all in favor the proposal from Copeland Southern Enterprises for control structure L28L30 seal repair and also Lake 22 repair in an amount not to exceed$1,500 was approved. E. Follow Up • Items as previously discussed. 5 16111A1 May 5, 2016 Heritage Bay CDD SEVENTH ORDER OF BUSINESS Attorney's Report There being no report,the next item followed. EIGHTH ORDER OF BUSINESS Engineer's Report There being no report,the next item followed. NINTH ORDER OF BUSINESS Supervisors' Requests and Audience Comment • Mr. Hubbard noted the HOA made repayment for the completed Golf Course work. • He commented on a gutter project within the Coach Homes where the cutters being installed are being run to the street. On MOTION by Mr. Hubbard seconded by Mr. Gagne with all in favor to accept the proposal to install gutters and downspouts in the rear and front of the buildings was approved. TENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Hubbard seconded by Mr. Brodeur with all in favor the meeting was adjourned at 11:07 a.m. Calvin Tea:' / Edwin Hubbard Secretary Chairman 6 -67 Heritage Greens Community Development D Arid Board of Supervisors District fa f George Coombs, Chairman Calvin Teague, District Manager Jim Marshall, Vice Chairman Greg Urbancic, District Counsel Marsha Coghlan,Assistant Secretary James Carr, PE, District Engineer Henry Michaelson,Assistant Secretary John Jordan,Assistant Secretary Meeting Agenda May 23, 2016— 6:00 p.m. 1. Roll Call 2. Approval of the Minutes A. April 18,2016 Board Meeting 3. Audience Comments 4. Old Business A. Gate Discussions 5. New Business 6. Manager's Report A. Distribution of the Proposed Budget for Fiscal Year 2017 B. Consideration of Resolution 2016-02 Approving the Budget and Setting the Public Hearing C. Financial Statements D. Report on the Number of Registered Voters -668 E. Follow-Up Items 7. Attorney's Report 8. Engineer's Report 9. Supervisors' Requests and/or Comments 10. Audience Comments 11. Adjournment NEXT MEETING IS SCHEDULED FOR JUNE 20,2016 District Office: Meeting Location: 210 N.University Drive, Suite 702 Heritage Greens Community Center Coral Springs, Florida 2215 Heritage Greens Drive 954-753-5841 Naples,Florida www.heritagegreensedd.org 1 6 11 A2 ' f3 t a o v 0 o OD. . 'm 'm 'm 3 0 2 0 N N tll N a+ N O 01 C. m N N J2 Ln 3 0 1 C Y in • d C C N GJ 4C a y/} N tn. D W N W m O 0 IN N co Ln co N __ 1' ..1 13 V CO a h N W m r W u m Z ^ o oom 0 of omt O LC S N N O a a V CC V1 i H C_ L d L" O E 2 .i U (7 L u E F Y 4 m U m la 01 L d+ v. a) A C W co a „° 0 , Nu 7 U V V o d nco Q 3• W Lo o c z ~ O c 08 +- o E ` O. L. o. LL 0 Y, E `v - U F 4 v v E .. Z a i O c U 16 A2 �� 11360 Metro Pkwy 275 Airport Rd N Ft Myers,FL 33966 Naples,FL34104 UTOAT/C Phone:239-768-3667 Phone:239-643-3667 Customer Proposal !V 'r OOR GATE Fax:239-768-3740 Fax:239-643-4467 www.ActionDoor.com Proposal Date 800-375-3667 05/20/16 Customer: Reference: #80198 HERITAGE GREENS COD HERITAGE GREENS COD 5911 COUNTRY LAKES DR 2215 HERITAGE GREENS DR FORT MYERS FL 33905 NAPLES FL 34119 JUSTIN FAIRCLOTH Sales Consultant: Frank Castejon, f.castejon@ActionDoor.com 239-940-4823 REMOVE EXISTING SWING GATES AND POSTS ALONG WITH THE SWING GATE OPERATORS AND THE TWO BARRIER GATE OPERATORS. INSTALL FOUR LIFTMASTER MEGA-TOWER BARRIER GATES WITH DOT APPROVED 15' ARMS AND NEW LOOP DETECTORS AND REUSING THE LOOPS AND OTHER ACCESSORIES. NEW SURGE AND GROUND PROTECTION ARE ALSO INCLUDED. THE POSTS WILL BE CUT AT GROUND LEVEL AND FILLED. NEW CONCRETE MOUNTING PADS WILL BE PROVIDED FOR THE NEW BARRIER GATE OPERATORS. ALL PRICES ARE INSTALLED AND INCLUDE LABOR. EACH 4 GATE MEGA ARM TOWER $ 2811 .00 $11 ,244.00 4 GATE ARM 15' ALUM DOT RED/WHITE $ 274.00 $ 1 ,096.00 4 GATEARMCOUNTERWEIGHT INCLUDED WITH ARM 4 SURGE PROTECT DITEK DTK-120HW INCLUDED WITH OPER 4 GROUND ROD AND CLAMP INCLUDED WITH OPER 3 LOOP DETECTOR NP224V NORTHSTAR $ 128.00 $ 384.00 3 LOOP DETECTOR HARNESS 11 PIN $ 15.00 $ 45.00 3 REUSE LOOPS INCLUDED 3 JUNCTION BOX 8 X 8 X 6 $ 42.00 $ 126.00 REUSE ACCESSORIES INCLUDED 4 REMOVE GATES CUT & FILL POSTS $ 100.00 $ 400.00 4 REMOVE DK6100 OPERATOR $ 150.00 $ 600.00 TOTAL: $13,895.00 ALTHOUGH LISTED SEPARATELY OVERALL PRICE IS BASED ON COMPLETING THE WHOLE JOB AT ONE TIME. WORK DONE AT A LATER TIME MAY INCUR ADDITIONAL COSTS. *** 50% DEPOSIT REQUIRED TO ORDER CRC Thank you for your business! Behind our work Is more than just our great name—there's me,George Ebel,If at any time you feel you did not receive a fair value call me at 1-800-376-3667, -F11,10510E CiI"RGE(.F 1,. .+!11 Co 0.1000102 Hai +Ill n 30 da;s(Al411li•.L FERCE:15000 RATE OF I0'4iP reasena.le collection fee 01515.00 13100 all c-oflecli r,sts and.01;r(0,tees 0011;,c 1.00 1PooL i>Cruo:llrt or not.A SEE.:I CE CHARGE OF 53 COwill 00 adds010 all aoleunl•:legs than 32000011not paid etitnln 110010;0 AFdIAftCE CHARGE CF 1 a.Jb., aFttlito too ,wrt,5210 000=:.ole;fnof r.,i ,.,55 n 200,,o i%Jdf1U?l F0RCEI•ii4GE RATE GF 13%,Hrea5ona le COlienlion fee.of 010 00 plus all court costs and reaso0ahle altornc fees will ne polo orcreritnr. THE TERMS AND CONDITIONS PRINTED ON 1 HE BACK HERE 01 ARE.HER0BY E SPRESSIVLY MADE A PART OF THIS CONTRACT. ACCEPTED BY SELLER: ACCEPTED BY BUYER: BY; BY: DATE ACCEPTED: 1611A2 pui elm SIMMONS SECURITY AND SOUND PLLC SIMMONS SECURITY p C.J. Box J'97 • tV r;)h.:i. Florida 3/111i i Tc'I 2a9,263 c'J29 • Fax "e",.39 261 bc7 3 • S.rrirnors5,ecurit net SYSTEMS nrirdi 1 ie FIX X f 15 3 - ifICT ESTIMATE Date: Customer: Severn Trent Services Address: 5911 County Lakes Dr Ft Myers FL 33905 Address: Email: justin.fairclothPstservices.com Email: Telephone: 239-245-7118 X306 Telephone: We propose to funish and install the following: Qty Description Total 4 Mega Arm Barrier Gate With Full Cabinet Includes $ 11,960.00 Batteries,Surge And Relay 4 15'LED Arm Install Kit $ 2,816.00 4 LED Strip And Wire Harness $ 640.00 4 Reflective Photocell $ 632.00 1 DoorKing 1835 Phone System With 3000 Memory $ 3,676.00 1 Prox Reader For 1835 Phone System $ 178.00 1 DoorKing Microplus Weigland Receiver $ 160.00 100 DoorKing Microplus'Transmitter $ 3,000.00 1 Wire $ 200.00 64 Labor $ 4,800.00 Labor and Material Total $ 28,062.00 *** Price includes removal of existing gate equipment All material is guaranteed to be as specified unless unavailable at the time installation is to be completed.Any substitutes to be approved in advance by the customer.The installation work to be performed in accordance with the written description, drawings and specifications submitted and completed in a substantial workman like manner. Payment terms are 50%due upon acceptance,50%due upon completion. Price above includes labor to install and one year material and labor warranty Customer Acceptance: Signature Print Name Date 161 . -_: A2 f jj 1y SIMMONS SECURITY AND SOUND PLLC !SIMMONS fNS SE EY! pij tiny 1 . N+rte s. Anna : It �� lI3G9 ' t"t'tC y..�:3-G t5��bC F� rr..} �hti:� I.'.I7.Y q MQy f- -ba_!u, -i:: . t kW)) • t-ktriaiii tie i I. *H 1 s 1 S=P ESTIMATE Date: Customer: Severn Trent Services Address: 5911 County Lakes Dr Ft Myers FL 33905 Address: Email: justin.faircoth@stservices.com Email: Telephone: 239-245-7118 X306 Telephone: We propose to littlish and install the following. Qty Description Price Total 4 Mega Arm Barrier Gate With Full Cabinet Includes $ 11,960.00 Batteries, Surge And Relay $ - 4 15'LED Arm Install Kit $ 2,816.00 4 LED Strip And Wire Harness $ 640.00 4 Reflective Photocell $ 632.00 1 DoorKing 1835 Phone System With 3000 Memory $ 3,676.00 1 Prox Reader For 1835 Phone System $ 178.00 l Bai Dual Beam Barcode Reader $ 10,148.00 1 100 Ct Black And White Bar Code Decals $ 450.00 1 Wire $ 200.00 72 Labor $ 5,400.00 Labor and Material Total $ 36,100.00 ***Price includes remval of existing gate equipment All material is guaranteed to be as specified unless unavailable at the time installation is to be completed.Any substitutes to be approved in advance by the customer.The installation work to be performed in accordance with the written description, drawings and specifications submitted and completed in a substantial workman like manner. Payment terms are 50% due upon acceptance,50%due upon completion. Price above includes labor to install and one year material and labor warranty Customer Acceptance: Signature Print Name Date 16 1 1 A2 TEM Systems,Inc. PROPOSAL EG-13000211 25150 Bemwood DR.#6,Bonita Springs,FL 34135 Phone:(239)390-0615 Email:tguzzo@temsystems.com Fax:(239)495-3006 May 23,2016 Budgetary Proposal Prepared For: Heritage Greens CDD Justin Faircloth 2215 Heritage Greens Drive Naples,FL 34119 Project Name:Gate Operators replacement and removal of existing equipment. TEM Systems,Inc.has been providing customized solutions according to our client's needs in Florida since 1957. We are a family owned and operated company and in 2016 we celebrate our 59th Year, the only"Gate"company in Florida with that record.TEM supports a diversified market including homeowners,homeowner associations,property management and owner associations,private companies,large corporations,hospitals,hotels,schools,universities and airports,as well as various governmental institutions.TEM provides professional support and quality service in the following areas: • Parking Systems(gated communities,commercial/residential) • Access Control/Gated Access • CCTV/Surveillance • GateHouse®Visitor and Residential Access Management Software Our installation base consists of simple stand-alone applications to complete network solutions.Our Systems Consultants will help you design and implement the solution that will best meet not only your needs,but your budget!TEM Systems has 5 sales and service offices located in Sunrise(Ft. Lauderdale),Orlando,Tampa,Naples and Jacksonville as well as affiliates in North and South Carolina.We are ready NOW to provide you with the best possible solution to your needs and our support team is qualified,trained,licensed and insured! System Overview: Replace existing gate operators with one(1)HP Viking Operators. Provide and Install concrete pads for all four(4)operators. Provide and Install photo-sensors. Provide and Install emergency fire Evac. Provide and install loop detectors and loop detector harnesses. TEM Consultant: Client: Date: TEM Systems.Inc.4747 Nob Hill Road Suite 5.Sunrise.FL 33351 Heritage Greens CDD/Page I of 4/5/2312016 EG-13000211 1 1611A 2 • Page 2 TEM Systems,hie. May 23,2016 PROPOSAL Breakdown of System Components: Qty Model Description 4 VIKOP Viking 1 HP Gate Operators 2 NIR Photo Sensors with posts 2 LDH Loop detector harness 4 LD Loop Detectors 4 CP Concrete Pads 1 REM Removal of existing equipment Labor and Materials to Install Freight and Handling $7,446.65 Entrance Lanes $7,225.20 Exit Lanes $ 579.73 Removal and Discarding of Equipment TERMS: 50%Deposit with proposal,balance due upon completion and/or beneficial use.Final walk thru to be scheduled no later than 15 days from completion and/or beneficial use. Please Initial Warranty:Parts One Year,Labor One Year Delivery: Begin 4 to 6 weeks after receipt of order and permit approval(if applies) Note:Price effective for 90 days I,as the authorized purchaser,have read this proposal and understand what is being purchased. I agree that there are no verbal commitments,promises,etc.,for additional products and/or services,and the only products and/or services being provided are listed on this proposal. I am aware that during the sales process,many products and/or services are discussed and only those listed in this proposal,are actually being purchased. I am also aware of the payment terms listed herein. Please Initial TEM Systems has offered the Preferred Client Agreement(PCA)as an extended warranty protection program. Accept(Please Initial Declined(Please Initial) Customer's Responsibility • All high voltage conduit and wire • All low voltage conduit and wire • All permits and associated fees • Removal of all waste and debris after installation • Phone line • High speed intemet connection and modem • Removal of landscape prior to installation,landscape replacement after installation Disclaimers: • TEM will reuse existing wire and other existing items without prior inspection assuming they are in good and useable condition.Items found to be unusable will need to be replaced and additional cost may be incurred. • TEM Systems is not responsible for any damage or changes regarding irrigation,landscaping,and drainage. • TEM Systems cannot guarantee the final look of any pavers if they had to be removed and/or reinstalled. Pavers may settle and the coloring may be different due to placement,weathering,etc. TEM Consultant: Client: Date: TEM Systems,Inc.4747 Nob Hill Road Suite 5,Sunrise,FL 33351 Heritage Greens CDD/Page 2 of4 I 523/2016 0G-13000211 16 II dA2 • Page 3 TF.M Systems,Inc. May 23,2016 PROPOSAL The above price includes design / engineering of system, supply/ mounting of hardware specified above,control wire connections,as well as supervision of complete installation which includes system walk-thru and instruction. The above price does not include the following unless it is specified in writing in this proposal: Concrete,electrical labor and/or materials,additional insured and/or performance bonds,any responsibility for pavers,permits,phone lines or DSL,programming of customer data information into software,if required. Electrical Considerations(if applicable):The electrical requirements exclude any existing code violations which an inspector may identify/flag and/or require repaired in order to sign off on TEM permit. Additionally,all existing conduit raceways being reused must be in reasonable condition and reusable. TEM will need to be reasonably assured that these conduits and wires are in satisfactory condition,before proceeding with installation. Engineering Fees(if applicable): All though the current scope of work does not include/require • engineering services and/or sealed drawings. TEM is capable of providing system engineering CAD drawings,as-built,at an additional cost. Progress Payments(if applicable):If the above project is delayed by the customer for any reason by more than 30 days from agreed upon delivery date. TEM may elect to invoice the customer for an additional 25%deposit. Payment is expected to be remitted within 15 days of billing. Failure to comply may result in delays in the installation. NOTE: TEM reserves the right to substitute any equipment that has been discontinued with models of equal or superior performance.Terms are 50%deposit with order.The net amount due on receipt of invoice unless otherwise stated in this document. Account will be charges 1 1/2%per month after 30 days. Canceled orders for stock products are subject to a 25%restocking fee. Special or custom orders are non-cancelable. If customer delays installation is by more than 45 days after scheduled installation date,equipment balance will be due and payable upon receipt of invoice. The aforesaid property is sold and delivered with the condition affixed that the title thereto shall remain in the seller until the purchase price thereof shall have been paid in full. If default shall be made in the payment of any of the aforesaid payments,notes or checks,given in purchase of • said property,and shall continue for thirty days. All of said payments,notes or checks shall become due immediately and seller or its assigns shall have the tight to retake said property,with or without process of law. The seller may resell said property,so retaken,at public or private sale,and upon such terms and in such manner as it may determine from the proceeds of any such sale,the seller shall deduct all expenses for retaking,repairing and reselling said property,including reasonable attomey's fee: and the balance shall be credited to the amount due on the aforesaid purchase money payment,notes or checks,any surplus shall be paid over the purchaser,and any deficiency shall be paid by him. There shall be no abatement in the purchase price because of damage or destruction of property by fire or otherwise. No representations have been made by the sales representative that are not included herein. The purchaser agrees to pay the cost of collection and a reasonable attomey's fees on any part of said purchase price that may be collected by suit or by attorney after the same is past due. It is further understood and agreed that all covenants and agreements of this purchase shall be binding upon and applied to the heirs,executors,agents,legal representatives and assigns of the purchase. The above conditions of purchase and payment are hereby accepted. This order is not in effect until signed by TEM Management. Thank you once again for your confidence in TEM systems and myself. • If you have any questions or I can be of further assistance please do not hesitate to contact me. Agreed To And Accepted By: Agreed To And Accepted By: Client: Consultant:Tom Guzzo Client Title: Title:Sales Consultant Client Signature: Signature: TEM Consultant: Client: Date: TEM Systems,Inc.4747 Nob Hill Road Suite 5,Sunrise,CL 33351 Heritage Greens CDD/Page 3 of4/5/232016 EG-13000211 16111 'A2 i Page 4 TEM Systems,Inc. May 23,2016 PROPOSAL TEM Management Acceptance: Date: • • TEM Consultant: Client: Date: TEM Systems,Inc.4747 Nob Hill Road Suite 5,Sunrise,FL 33351 Heritage Greens CDD/Page 4 of 4I5!23/2016 EG-13000211 1611A2 ..,•-• -... New 1Q,LLC c Estimate ,,..„:,',4 28210 Old US 41 4 . . i Suite 305 �; s Date Estimate# Bonita Springs, Fl. 34135 `` 239 919-5654 5/13/2016 2721 Name/Address Heritage Greens Master C/O:Resort Management 2685 Horseshoe Drive,S. Suite 215 Naples,Fl. 34104 Terms P.O.# Good for 30 Days Description Qty Cost Total Customer Request: Please provide an estimate to replace the failing Barrier Arm Gate Operators on the entry and install New Barrier Arm Gate Operators on the exit at Heritage Greens.We would also like to remove the existing swing gates and operators on the entrance and exit lanes. Scope of Work: For the entrance,we will replace(2)LiftMaster Barrier Arm Operators,(1)for the Residents lane and(I)for the Visitors lane.We will furnish and install a new"safety/close"loop on the resident lane and the visitor lane. For the exit,we will furnish and install(2)LiftMaster Barrier Arm Operators on new concrete pads.We will install new master/slave cabling for the exit operators so they will open and close together.We will also furnish and install(I)new"safety/close"loop and(1)"free exit"loop.We will configure all of the new equipment,set limits and test thoroughly. We will remove and discard all(4)of the swing gates and all(4)of the swing gate operators.We will cut the posts as low as we can and bury the excess. Please Note: We will assume to use the existing 120Vac electric for the equipment. If not,additional expenses will apply. We will assume to use the existing cabling for the equipment.If not,additional expenses may apply. 120Vac electrical services will be required for the new Gate Operators. New IQ can work with customers electrician or contract one for you. Additional expenses will apply. We will assume to reuse existing conduit that runs under roadway for new cabling. If not,New IQ can work with your vendor or contract one for you. Additional expenses may apply. Warranty Information: LiftMaster Mega-Arm Carries a 2 Year Commercial Manufacturers Limited Warranty. All other parts,labor and installation,are warranted by New IQ for a period of 1 Year from installation date. ***Entrance*** Mega Arm Tower High Performance Barrier Gate Operator,w/850LM Receiver 2 1,875.00 3,750.00T 15'(3"-OD)Round Barrier Arm w/3"Red&Silver Reflective Tape-Requires Counter Weight MA1 17 2 220.00 440.00T Counter Weight for 15'Barrier Arms 2 75.00 150.00T Loop Detector,Single Channel,Dual Relay, l2/24Vdc,or 24Vac 2 135.00 270.00T Reno 11 Pin Relay Base 2 20.00 40.00T 6'x 10',Preformed Loop,Including Installation 2 400.00 800.00T Subtotal Sales Tax (6.0%) Customer Signature Tota Page 1 1611 A2 New IQ,LLCNEW Estimate 28210 Old US 41 IttriI Suite 305 Date Estimate# ' Bonita Springs,Fl. 34135 239 919-5654 5/13/2016 2721 Name/Address Heritage Greens Master CIO:Resort Management 2685 Horseshoe Drive,S. Suite 215 Naples,Fl. 34104 Terms P.O.# Good for 30 Days Description Qty Cost Total Installation and Implementation Labor 1 800.00 800.00T Total:$6250.00 Plus Tax ***Exit*** Mega Arm Tower High Performance Barrier Gate Operator,w/850LM Receiver 2 1,875.00 3,750.00T 15'(3"-OD)Round Barrier Arm w/3"Red&Silver Reflective Tape-Requires Counter Weight MAI 17 2 220.00 440,00T Counter Weight for 15'Barrier Arms 2 75.00 150.00T Loop Detector,Single Channel,Dual Relay, 12/24Vdc,or 24Vac 2 135.00 270.00T Reno II Pin Relay Base 2 20.00 40.00T 6'x 10',Preformed Loop,Including Installation 2 400.00 800.00T 22-6C"Burial",(1 PR&4C),PVC,OAS,Cable Run I 195.00 195.00T Concrete Operator Pad,24"x24"x 18",Trenched and Framed 2 350.00 700.00T Conduit,Couplers,Sweeps, -Boxes and Pull Boxes 2 75.00 150.00T Installation Services-Install,Setup,and Configure all above items I 800.00 800.00T Total:$7295.00 Plus Tax ***Removal-Swing Gates and Operators*** Installation Services-Install,Setup,and Configure all above items 1 600.00 600.00T Excluded; Any electrical outlets or extensions needed(not specified above) Non-standard cable nuts,i.e.Runs requiring concrete boring(not specified above) Any required conduit,raceways,or underground locations(not specified above) Any Directional Boring or ening under roadway(if needed or required) Paver removal and reinstallation will be done by others Any equipment,devices,accessories,wiring,etc.not listed above Permits(if required) Please sign,date,and return this copy. Subtotal $14,145.00 50%of total is required to begin job. 25%additional when all equipment delivered or powder coat complete. Final 25%when Job is completed. Sales Tax (6.0%) $848.70 Tota $14,993. 0 Customer Signature Page 2 1611 A2 HERITAGE GREENS CDD Annual Financial Analysis Security Services: Cambridge Security Services will provide on-site unarmed security officer's for the access control needs of Heritage Greens CDD. 56 hours per week of service (7pin-3am,7 days) Uniformed unarmed Security Officers-$17.45 per hour Annual Investment: $51,652.00 Sales Tax: $3,099.12 Total Annual Investment: $54,751.12 Officer will conduct access control duties as detailed in post orders and other tasks assigned by the District Management team. Bill Rate Includes: • Scheduled and randrnil road lxitrol supervisor and ntana,getnent site visits and inspections • Federal Unemployment Tax Act(1:1-1.A) • State ['nemplOV mem I ax Act.+ 't CA) I • Federal Insurance Contributions Act (FICA) I • Federally mandated National health Care Reform Act 1 • Worker.• Compensation&Liability Insurance • Pre employment staff screening,background checks&drug testing • 'Uniforms(Shirts,Trousers.Belts,Badges.Photo Ill and Shoes) • Site specific training and refresher training 1 • 2-1/7/365 National Command Center t a I 1 1 1 1 a 52- I r 1 1 t i 1b11 A2 RESOLUTION 2016-02 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2017 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating and/or debt service budget for Fiscal Year 2017: a copy of which is attached hereto,and WHEREAS,the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT; 1. The budget proposed by the District Manager for Fiscal Year 2017 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date,hour and place: Date: August 15,2016 Hour: 6:00 p.m. Place: Heritage Greens Community Center 2215 Heritage Greens Drive Naples,Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 23rd day of May,2016. ► c Cfr1 1 --- rgeCoombs Chairman Calvin Teagu Secretary 1 6 1 1 A2 HERITAGE GREENS Community Development District Annual Operating Budget Fiscal Year 2017 Version 3-Proposed Budget (Printed on 05/10/16 7:30pm) Prepared by: SEVERN TRENT SERVICES 1. 6 1 1 A2 HERITAGE GREENS Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues,Expenditures and Changes in Fund Balances 1 -2 Budget Narrative 3-7 Exhibit A-Allocation of Fund Balances 8 SUPPORTING BUDGET SCHEDULE Comparison of Assessment Rates 9 1 6 1 1 A 2 HERITAGE GREENS Community Development District Operating Budget Fiscal Year 2017 1611A2 ' HERITAGE GREENS Community Development District General Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2017 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU MAY- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2014 FY 2015 FY 2016 APR-16 SEP-16 FY 2016 FY 2017 REVENUES Interest-Investments $ 498 $ 491 $ 500 $ 453 $ 340 $ 793 $ 500 Interest-Tax Collector - 7 - 7 - 7 - Special Assmnts-Tax Collector 217,904 242,905 242,903 237,028 5,875 242,903 242,904 Special Assmnts-Discounts (7,919) (8,762) (9,716) (8,889) - (8,889) (9,716) Other Miscellaneous Revenues 15 400 - 1,040 - 1,040 - Gate Bar Code/Remotes 1,270 1,250 1,100 995 500 1,495 1,100 TOTAL REVENUES 211,768 236,291 234,787 230,634 6,715 237,349 234,788 EXPENDITURES Administrative P/R-Board of Supervisors 5,400 6,200 7,200 3,600 3,000 6,600 7,200 FICA Taxes 413 474 551 275 230 505 551 ProfServ-Engineering - 1,099 1,000 225 500 725 1,000 ProfServ-Legal Services 4,016 4,721 4,000 634 2,000 2,634 4,000 ProfSery-Mgmt Consulting Sery 36,973 38,081 39,223 22,880 16,343 39,223 40,401 ProfServ-Property Appraiser 3,209 3,644 3,644 3,644 - 3,644 3,644 ProfServ-Special Assessment 5,463 5,463 5,463 5,463 - 5,463 5,628 ProfServ-Web Site Development 500 814 650 404 208 612 650 Auditing Services 3,200 3,200 3,200 2,800 100 2,900 3,000 Postage and Freight 1,590 580 1,500 231 250 481 1,500 Insurance-General Liability 7,477 7,557 8,691 7,865 - 7,865 8,652 Printing and Binding 887 1,082 1,000 427 575 1,002 1,000 Legal Advertising 2,635 1,302 1,500 453 1,025 1,478 1,500 Misc-Bank Charges 596 696 800 422 350 772 800 Misc-Assessmnt Collection Cost 2,643 2,864 4,855 4,563 118 4,681 4,855 Office Supplies 79 162 175 - 150 150 175 Annual District Filing Fee 175 175 175 175 - 175 175 Total Administrative 75,316 78,114 83,627 54,061 24,848 78,909 84,731 Public Safety Contracts-MgmtServices - - - 600 500 1,100 1,200 Contracts-Security Services 46,751 49,117 47,000 27,193 19,868 47,061 47,000 Contracts-Cleaning Services - - 1,920 1,219 1,218 2,437 3,016 Contracts-HVAC - 189 350 - 350 350 350 Contracts-Sheriff 2,295 7,013 - - - - - Communication-Telephone 1,383 1,731 1,750 1,024 729 1,753 1,750 Electricity-Entrance 1,795 1,937 2,200 1,077 900 1,977 2,200 Utility-Water&Sewer 665 712 100 428 300 728 700 Lease-Carts 1,500 1,500 1,500 - 1,500 1,500 1,500 R&M-Gate 2,542 138 3,000 587 1,700 2,287 12,000 R&M-Gatehouse 1,432 1,020 2,130 1,919 750 2,669 2,130 Op Supplies-Transmitters 1,030 794 1,200 439 500 939 1,200 Op Supplies-Gatehouse 2,431 613 900 786 250 1,036 900 Cap Outlay-Equipment - - 3,800 - 3,800 3,800 3,000 Total Public Safety 61,824 64,764 66,450 35,272 32,365 67,637 76,946 Annual Operating Budget Fiscal Year 2017 1 1 6 11 A21 HERITAGE GREENS Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2017 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU MAY- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2014 FY 2015 FY 2016 APR-18 SEP-16 FY 2016 FY 2017 Landscape Contracts-Landscape 16,111 21,276 18,000 9,664 6,903 16,567 18,000 Contracts-Preserve Management - 1,760 2,000 880 880 1,760 1,760 Electricity-Irrigation 1,970 2,046 2,200 1,128 875 2,003 2,200 R&M-Renewal and Replacement - - 1,000 225 650 875 900 R&M-Canals - 1,840 2,600 1,188 2,000 3,188 2,000 R&M-Fountain 2,300 1,894 2,700 679 1,737 2,416 2,516 R&M-Grounds - 1,763 3,000 125 2,500 2,625 3,000 R&M-Irrigation - 828 1,500 200 250 450 1,500 R&M-Preserves 880 - 100 - 42 42 100 Misc-Special Projects 13,339 1415 7,000 4,600 2,400 7,000 7,000 Total Landscape 34,600 32,822 40,100 18,689 18,236 36,925 38,976 Road and Street Facilities Electricity-Streetlighting 10,243 10,446 11,000 6,044 4,325 10,369 10,500 R&M-Drainage 12,473 - 1,500 - 1,500 1,500 1,500 R&M-Roads&Alleyways 7,345 800 2,000 - 2,000 2,000 2,000 R&M-Sidewalks 3,000 - 4,000 - 3,000 3,000 3,485 Traffic Signage Rehabilitation 440 - 1,260 1,380 - 1,380 1,400 Reserve-Roadways 8,550 9,400 24,850 - - - 15,250 Total Road and Street Facilities 42,051 20,646 44,610 7,424 10,825 18,249 34,135 TOTAL EXPENDITURES 213,791 196,346 234,787 115,446 86,275 201,721 234,788 Excess(deficiency)of revenues Over(under)expenditures (2,023) 39,945 115,188 (79,560) 35,628 - Net change in fund balance (2,023) 39,945 - 115,188 (79,560) 35,628 - FUND BALANCE,BEGINNING 158,603 156,580 196,525 196,525 - 196,525 232,153 FUND BALANCE,ENDING $ 156,580 $ 196,525 $ 196,525 $ 311,713 $ (79,560) $ 232,153 $ 232,153 Annual Operating Budget Fiscal Year 2017 2 1611 A2 HERITAGE GREENS Community Development District General Fund Budget Narrative Fiscal Year 2017 REVENUES Interest Income(Investments) The District earns interest on the monthly average collected balance for their operating account and money market account. Special Assessment-On Roll The District will levy a Non-Ad Valorem assessment on all the assessable property within the District in order to pay for the operating expenditures for the Fiscal Year. Special Assessment—Discount Per Section 197.162, Florida Statutes, discounts are allowed for early payment of assessments. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. Gate Bar Code/Remotes The District receives amounts for gate remotes that operate the gates of the District. EXPENDITURES Administrative P!R—Board of Supervisors Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated $200 per meeting at which they are in attendance.The amount for the Fiscal Year is based upon all supervisors attending all of the meetings. Professional Services-Engineering The District's engineer provides general engineering services to the District, i.e. attendance and preparation for monthly board meetings when requested,review invoices and other specifically requested assignments. Professional Services-Legal Services The District's legal counsel provides general legal services to the District, i.e. attendance and preparation for monthly meetings,review operating and maintenance contracts,etc. Professional Services-Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc.Also included are costs for Information Technology charges to process all of the District's financial activities, i.e. accounts payable, financial statements, budgets, etc., on a main frame computer owned by Severn Trent in accordance with the management contract and the charge for rentals. The budgeted amount for the fiscal year is based on the contracted fees outlined in Exhibit "A" of the Management Agreement,with a 3%proposed increase. Annual Operating Budget Fiscal Year 2017 3 1611A2 HERITAGE GREENS Community Development District General Fund Budget Narrative Fiscal Year 2017 Expenditures—Administrative (Continued) Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, postage, and programming. The budget for property appraiser costs was based on 1.5% of gross assessments. Professional Services-Special Assessment The District's Collection Agent will be providing financials services which include the collection of prepaid assessments, maintenance of District's assessment roll and levying the annual operating and maintenance assessments. Professional Services-Web Site Development The District incurs fees as they relate to the development and ongoing maintenance of its own website. Auditing Services The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The budgeted amount for the fiscal year is based on contracted fees from an existing engagement letter. Postage and Freight Mailing of agenda packages,overnight deliveries,correspondence,etc. Insurance—General Liability The District's General Liability & Public Officials Liability Insurance policy is with Public Risk Insurance Agency, Inc. They specialize in providing insurance coverage to governmental agencies. The budgeted amount allows for a projected 10%increase in the premium. Printing and Binding Printing and Binding agenda packages for board meetings,printing of checks,stationary, envelopes,etc. Legal Advertising The District is required to advertise various notices for monthly Board meetings, public hearings, etc in a newspaper of general circulation. Miscellaneous—Bank Charges Bank charges that incurred during the year. Miscellaneous—Assessment Collection Cost The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The budget for collection costs was based on a maximum of 2%of the anticipated assessment collections. Annual Operating Budget Fiscal Year 2017 4 16 1 1 A2 ' HERITAGE GREENS Community Development District General Fund Budget Narrative Fiscal Year 2017 Expenditures—Administrative(Continued) Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects Annual District Filing Fee The District is required to pay a$175 annual fee to the Department of Community Affairs. Expenditures-Public Safety Contracts—Management Services The District has contracted with Severn Trent Environmental Services, Inc.to take over the data call box service. Contracts—Security Services The District has contracted with Kent Security to have a security officer on duty at the front gate for a set period of time to check guests coming into the community and to tour the property to check for any problems that may need to be addressed. Contracts—Cleaning Services This includes guardhouse cleaning services. Contracts—HVAC To service the air conditioning unit at the guardhouse. Communication—Telephone This includes any telephone or fax usage for the guardhouse to allow the security officer to be able to communicate with management and residents. This also allows the gate system to be operable when there is no security officer present. Electricity—Entrance Electricity usage for the guardhouse. Costs are based on historical expenses incurred with Florida Power & Light (FPL). Utilities—Water&Sewer Any cost associated with the water and sewer used at the guardhouse. Lease—Carts The District leases a golf cart for $750 every six months. The guard-on-duty uses it to do community patrol and to lock and unlock the community center. R&M—Gates This represents any repairs or maintenance that may need to be done to the gates. R&M—Gatehouse Cost associated with any normal repairs and maintenance of the guardhouse along with the cost incurred with Collier County Utilities to run the tele-entry system. Annual Operating Budget Fiscal Year 2017 5 l6IlA2 HERITAGE GREENS Community Development District General Fund Budget Narrative Fiscal Year 2017 Expenditures- Public Safety(Continued) Op Supplies—Transmitters Cost associated with supplying transmitters to residents for operation of the gate. Op Supplies—Gatehouse This is for costs associated with any supplies purchased for use within the guardhouse. Capital Outlay—Equipment This is for any capital items needed to improve security within the District. Expenditures-Landscape Contracts—Landscape The District is responsible for cutting all CDD property which are common areas which includes the entry way and guardhouse. Contracts—Preserve Maintenance The District has contracted with Aquatic Weed Control, Inc for the maintenance of the preserves.Currently treatments are on a semi-annual basis. Electricity—Irrigation Any electricity cost incurred to run the irrigation system as well as the fountain that is owned by the District R&M—Renewal and Replacement This line item includes costs associated with renewing or replacing plant material on CDD property. Additionally, various repair and maintenance costs incurred as needed. R&M—Canals The District is responsible for maintaining the canal banks of high weeds and must cut them several times per year or be subject to property maintenance code violations. R&M—Fountains This is to include any repairs or maintenance that need to be addressed to make sure that the fountains the District is responsible are in proper working order.The amount budgeted for FY16 reflects last year's expenditures. R&M—Grounds This is for the maintenance of mulch and pesticides to all CDD property identified as common areas. R&M—Irrigation Cost associated with the maintenance of the irrigation system throughout the District. R&M—Preserves The District is responsible for having the preserves treated for invasive plants on an annual basis. Annual Operating Budget Fiscal Year 2017 6 16 11 A2 HERITAGE GREENS Community Development District General Fund Budget Narrative Fiscal Year 2017 Expenditures—Landscape (Continued) Miscellaneous—Special Projects This is a contingency in case the District is to incur costs relating to any special projects that are felt to be needed and identified by the Board of Supervisors. Expenditures- Road and Street Facilities Electricity—Streetlightinq This is for street lighting usage for District facilities and assets. Costs are based on historical expenses occurred incurred with Florida Power&Light(FPL). R&M—Drainage The District is responsible for making any repairs to the storm drainage infrastructure. R&M—Roads&Alleyways This represents miscellaneous repairs of the roads and alleyways of the District. R&M—Sidewalks This includes all costs associated with sidewalks within the District. Traffic Signage Rehabilitation This is for any costs that are associated with any roadway signage the District may incur. Reserves—Roadways This is for the reserve for the road improvements. Annual Operating Budget Fiscal Year 2017 7 1 611 I'1 HERITAGE GREENS Community Development District General Fund Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2017 232,153 Net Change in Fund Balance-Fiscal Year 2017 - Reserves-Fiscal Year 2017 Additions 15,250 Total Funds Available(Estimated)-9130117 247,403 I ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-Operating Capital 58,697 tin Reserves-Drainage 6,000 Reserves-Fountains 5,500 Reserves-Irrigation System 7,500 Reserves-Roads and Sidewalks-Previous years 35,251 Reserves-Roads and Sidewalks-FY16 24,850 Reserves-Roads and Sidewalks-FY17 15,250 75,351 Reserves-Signage 1,000 Reserves-Wall Painting 6,000 Reserves-Wall Replacement 12,786 Total Allocation of Available Funds 172,834 I Total Unassigned(undesignated)Cash $ 74,569 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating Budget Fiscal Year 2017 8 loll - A2 HERITAGE GREENS Community Development District Supporting Budget Schedule Fiscal Year 2017 16 11 A2 . HERITAGE GREENS Community Development District Comparison of Assessment Rates Fiscal Year 2017 vs Fiscal Year 2016 FY 2017 FY2016 Gross Assessments 242,904 242,903 Assessable Units 527 527 Gross Assessments Per Unit $ 460.92 $ 460.92 Annual Operating Budget Fiscal Year 2017 9 1 611 A2 HERITAGE GREENS Community Development District Financial Report April 30, 2016 Prepared by SEVERN TRENT SFRVICES 1611 , A2 HERITAGE GREENS Community Development District FINANCIAL STATEMENTS Balance Sheet Page 1 Statement of Revenues,Expenditures and Changes in Fund Balances General Fund Page 2-3 SUPPORTING SCHEDULES Non-Ad Valorem Special Assessments Page 4 Cash and Investment Report Page 5 Bank Reconciliation Page 6 Check Register Page 7 16 1 1 A2 HERITAGE GREENS Community Development District Financial Statements (Unaudited) April 30, 2016 1 6 11 A2 HERITAGE GREENS Community Development District General Fund Balance Sheet April 30,2016 ACCOUNT DESCRIPTION TOTAL ASSETS Current Assets Cash-Checking Account $ 72,571 Investments: Money Market Account 247,215 SBA Account 633 Prepaid Items 149 TOTAL ASSETS $ 320,568 LIABILITIES Current Liabilities Accounts Payable $ 8,137 Accrued Expenses 718 Total Current Liabilities 8,855 TOTAL LIABILITIES 8,855 FUND BALANCES Nonspendable: Prepaid Items 149 Assigned to: Operating Reserves 58,697 Reserves-Drainage 6,000 Reserves-Fountains 5,500 Reserves-Irrigation System 7,500 Reserves-Roads and Sidewalks 35,251 Reserves-Signage 1,000 Reserves-Wall Painting 6,000 Reserves-Wall Replacement 12,786 Unassigned: 178,830 TOTAL FUND BALANCES $ 311,713 [TOTAL LIABILITIES&FUND BALANCES $ 320,568 Report Date:5/10/2016 Page 1 loll A2 HERITAGE GREENS Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending April 30,2016 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) AS A%OF ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD REVENUES Interest-Investments $ 500 $ 292 $ 453 $ 161 90.60% Interest-Tax Collector - - 7 7 0.00% Special Assmnts-Tax Collector 242,903 242,903 237,028 (5,875) 97.58% Special Assmnts-Discounts (9,716) (9,716) (8,889) 827 91.49% Other Miscellaneous Revenues - - 1,040 1,040 0.00% Gate Bar Code/Remotes 1,100 644 995 351 90.45% TOTAL REVENUES 234,787 234,123 230,634 (3,489) 98.23%I Administration P/R-Board of Supervisors 7,200 4,200 3,600 600 50.00% FICA Taxes 551 322 275 47 49.91% ProfServ-Engineering 1,000 581 225 356 22.50% ProfServ-Legal Services 4,000 2,331 634 1,697 15.85% ProfServ-Mgmt Consulting Sery 39,223 22,883 22,880 3 58.33% ProfServ-Property Appraiser 3,644 3,644 3,644 - 100.00% ProfServ-Special Assessment 5,463 5,463 5,463 - 100.00% ProfServ-Web Site Development 650 292 404 (112) 62.15% Auditing Services 3,200 3,200 2,800 400 87.50% Postage and Freight 1,500 875 231 644 15.40% Insurance-General Liability 8,691 8,691 7,865 826 90.50% Printing and Binding 1,000 581 427 154 42.70% Legal Advertising 1,500 875 453 422 30.20% Misc-Bank Charges 800 469 422 47 52.75% Misc-Assessmnt Collection Cost 4,855 4,855 4,563 292 93.99% Office Supplies 175 105 - 105 0.00% Annual District Filing Fee 175 175 175 - 100.00% Total Administration 83,627 59,542 54,061 5,481 64.65% Public Safety Contracts-Mgmt Services - - 600 (600) 0.00% Contracts-Security Services 47,000 27,419 27,193 226 57.86% Contracts-Cleaning Services 1,920 1,120 1,219 (99) 63.49% Contracts-HVAC 350 203 - 203 0.00% Communication-Telephone 1,750 1,022 1,024 (2) 58.51% Electricity-Entrance 2,200 1,283 1,077 206 48.95% Utility-Water&Sewer 700 406 428 (22) 81.14% Lease-Carts 1,500 750 - 750 0.00% R&M-Gate 3,000 1,750 587 1,163 19.57% Report Date:5/11/2016 Page 2 1611 A2 HERITAGE GREENS Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending April 30,2016 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) AS A%OF ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ADOPTED BUD R&M-Gatehouse 2,130 1,596 1,919 (323) 90.09% Op Supplies-Transmitters 1,200 700 439 261 36.58% Op Supplies-Gatehouse 900 525 786 (261) 87.33% Cap Outlay-Equipment 3,800 2,219 - 2,219 0.00% Total Public Safety 66,450 38,993 35,272 3,721 53.08% Landscape Services Contracts-Landscape 18,000 10,500 9,664 836 53.69% Contracts-Preserve Management 2,000 1,000 880 120 44.00% Electricity-Irrigation 2,200 1,281 1,128 153 51.27% R&M-Renewal and Replacement 1,000 581 225 356 22.50% R&M-Canals 2,600 1,300 1,188 112 45.69% R&M-Fountain 2,700 1,575 679 896 25.15% R&M-Grounds 3,000 1,750 125 1,625 4.17% R&M-Irrigation 1,500 875 200 675 13.33% R&M-Preserves 100 32 - 32 0.00% Misc-Special Projects 7,000 4,081 4,600 (519) 65.71% Total Landscape Services 40,100 22,975 18,689 4,286 46.61% Road and Street Facilities Electricity-Streetlighting . 11,000 6,417 6,044 373 54.95% R&M-Drainage 1,500 875 - 875 0.00% R&M-Roads&Alleyways 2,000 1,169 - 1,169 0.00% R&M-Sidewalks 4,000 2,331 - 2,331 0.00% Traffic Signage Rehabilitation 1,260 735 1,380 (645) 109.52% Reserve-Roadways 24,850 - - - 0.00% Total Road and Street Facilities 44,610 11,527 7,424 4,103 16.64% (TOTAL EXPENDITURES 234,787 133,037 115,446 17,591 49.17%I Excess(deficiency)of revenues Over(under)expenditures - 101,086 115,188 14,102 0.00% Net change in fund balance $ - $ 101,086 $ 115,188 $ 14,102 0.00% FUND BALANCE,BEGINNING(OCT 1,2015) 196,525 196,525 196,525 FUND BALANCE,ENDING $ 196,525. $ 297,611 $ 311,713 Report Date:5/11/2016 Page 3 16I1 A2 HERITAGE GREENS Community Development District Supporting Schedules April 30, 2016 1611 A2 HERITAGE GREENS Community Development District Non-Ad Valorem Special Assessments-Collier County Tax Collector Monthly Collection Distributions For the Fiscal Year ending September 30,2016 Discount I Gross Date Net Amount (Penalties) Collection Amount Received Received Amount Costs Received Assessments Levied FY 2016 $ 242,905 Allocation% 100% 10/26/15 2,140 121 44 2,305 11/13/15 28,620 1,217 584 30,421 11/30/15 121,642 5,163 2,483 129,288 12/14/15 46,645 1,952 952 49,549 12/31/15 6,015 199 123 6,338 01/29/16 6,941 176 142 7,259 03/11/16 3,568 46 73 3,687 03/31/16 8,004 14 163 8,181 TOTAL 223,576 8,889 4,563 237,028 %Collected 97.58% TOTAL OUTSTANDING $ 5,877 Report Date:5/10/2016 Page 4 16 1 1 A2 HERITAGE GREENS Community Development District Cash and Investment Balances April 30,2016 ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE GENERAL FUND Operating Account-Checking SunTrust n/a 0.10% $72,571 Money Market Account BankUnited n/a 0.45% $247,215 (1) State Board Account SBA n/a 0.48% $633 Total $320,419 $1,170 NOTES: (1) Invested in Money Market Account at Bank United-rate increased from.35%to.449%in August 2015. Report Date:5/10/2016 Page 5 1611 .. A2 Heritage Greens CDD Bank Reconciliation Bank Account No. 9920 SunTrust Bank-GF Statement No. 04-16 Statement Date 4/30/2016 G/L Balance(LCY) 72,570.87 Statement Balance 73,158.39 GIL Balance 72,570.87 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 73,158.39 Subtotal 72,570.87 Outstanding Checks 587.52 Negative Adjustments 0.00 Differences 0.00 Ending GIL Balance 72,570.87 Ending Balance 72,570 87 • Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 4/19/2016 Payment 003259 JAMES A.MARSHALL 184.70 0.00 184.70 4/19/2016 Payment 003261 JOHN L JORDAN 184.70 0.00 184.70 4/22/2016 Payment 003264 RESORT PEST CONTROL 160.00 0.00 160.00 4/22/2016 Payment ACH016.TXT Payment of Invoice 001695 58.12 0.00 58.12 Total Outstanding Checks 587.52 587.52 Page 6 1611 ' A • 2 tC 8 8 8 8p N a(0 ��4 n (0 O O O 8 8 0 0 U0) N N O O 0 y 0 O y O O (Vp((�� 0 N- N- 8 0 % Vi A to EIR2O t`') 69 fA fR fA 19 M Y eA N a!A o U) a a L U K V it c a 0 88881N8888888888 8ggg8888885� 888 Y oN N N 0 N N N N ) N) N m m v- N N N N N N m N V N Q N U) U) N U I V) U7 o U)N U)U)to U) U) U)N U) N U) N U) () U) o w o J n] n n N (I) (O O) '- US N N O g. 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QQQQ E W o T m= 000000000000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M Page 7 1611 A2 --- JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS April 19, 2016 Heritage Greens CDD Mr. Kenneth Cassel Severn-Trent Services 210 N. Univeristy Drive Suite 702 Coral Springs, FL 33071 Dear Mr.Cassel In compliance with Chapter 190.06 Florida Statutes,this notice is to Inform that the official records of the Collier County Supervisor of Elections indicate 668 registered voters residing in the Heritage Greens CDD as of April 15, 2016. Should you have questions regarding election services for this district,please feel free to contact our office. c.Sin erely, 1,J 6 -7 David B Carpenter Qualifying Officer Collier County Supervisor of Elections (239)252-8501 RECEIVED DaveCarpenter@colliergov.net CORAL SPRINGS,FL APR 2 0 'MS SEVERN TRENT ENVIRONMENTAL SERVICES,INC. OF F404, , cock itxt 07 Rev Dr Martin Luther King Jr Building•Collier Government Complex•3295 Tamiami Trl Ed et Naples FL 34112-5758 ' "a' Telephone:239/252-8450•Fax:239/774-9468 4' �' 1611 A2 Faircloth,Justin From: Faircloth,Justin Sent: Wednesday,April 20,2016 10:44 AM To: George Coombs (gcoombs@heritagegreenscdd.com); Henry Michaelson (hmichaelson@heritagegreenscdd.com);Jim Marshall (jmarshall@heritagegreenscdd.com);John Jordan; Marsha Coghlan (mcoghlan @ heritagegreenscdd.com) Cc: Cal Teague(Cal.Teague@STServices.com) Subject: Heritage Greens CDD-Website Statistics Dear Members of the Board, In response to the Board's inquiry regarding the number of hits the CDD website receives please see the information below: • Year to date the website has received 3,678 visits. Last year you received 11,306. • The site receives 31 visits a day on average. • The busiest day was 2/1/16 with 97 visits. • The busiest month was 1/2016 with 1,104 visits. Every visit to the site is counted so maintenance of the site may account for a sizeable portion of this amount(anywhere from 15-40 hits per month to verify changes have been made as required/requested). Please let me know if you have any further questions. 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.severntrentservlces.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. • 1 • 1611 A2 May 23, 2016 Mr. George Coombs Chairman Heritage Greens Community Development District Dear George: It is with regret that I herewith submit my resignation from the IIGCDD Board of Supervisors effective July 18 ,2016. I certainly have enjoyed my past association with the Board but advancing age and upcoming operations on my knees will preclude me from playing a meaningful role in the future. I want to wish all of you the very best in the Boards future operations. Sincerely yours James Marshall 16 , Ecco ; ul By erY1(Z MINUTES OF MEETING HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held on Monday, May 23, 2016 at the Heritage Greens Community Center, 2215 Heritage Greens Drive,Naples,Florida. Present and constituting a quorum were: George Coombs Chairman Jim Marshall Vice Chairman Marsha Coghlan Assistant Secretary Henry Michaelson Assistant Secretary John Jordan Assistant Secretary Also present were: Calvin Teague District Manager Don Hunter Cambridge Security The following is a summary of the minutes and actions taken at the May 23, 2016 Heritage Greens CDD Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Coombs called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes A. April 28,2016 Regular Board Meeting There being no comments, On MOTION by Mr. Coombs seconded by Ms. Coghlan with all in favor the minutes of the April 18, 2016 meeting were approved. THIRD ORDER OF BUSINESS Audience Comments There not being any,the next item followed. FOURTH ORDER OF BUSINESS Old Business A. Gate Discussions o The Board had asked about removing the swing gate and replacing with a lift arm system. o Proposals were received from Action Automatic, TEM Systems, New IQ and Simmons Security. The Board will review each one. A decision on this issue will be delayed. 1 161142 . May 23,2016 I leritage Greens C.D.D. FIFTH ORDER OF BUSINESS New Business o Mr. Coombs noted Sheriff Don Hunter of Cambridge Security will make a presentation on security systems. o Mr. Marshall noted the guard, Dottie, is leaving. Wednesday is her last day. She knows everyone in the community and is well liked. Now, more people will probably have to obtain clickers. o The Board has a right to interview and select their next guard will be. Unless a new security firm is hired,on June 12,2016 a new guard from Kent Security will start. o Mr. Hunter introduced himself noting he was the Sheriff in Collier County for 20 years. o He gave detailed background on his work history and an overview of Cambridge Security noting their National Command Center is in Newark, New Jersey and headquartered in Fort Lauderdale. They have offices in New York City,Las Vegas and Philadelphia. o Cambridge Security provides every type of security service from personal protection, dignitary protection,close protection,residential,commercial,schools. o Nationwide the most significant crimes are: murder, rape, robbery, burglary, larceny, motor vehicle thief and aggravated assault. Eighty percent of all crime in the nation is property theft. Many thefts occur on property on the golf course. o He discussed Track Tick, a new device which communicates with a Smart Phone. The Track Tick is very uncomplicated,but sophisticated. It is GPS enabled. o Cambridge would be happy to refine their proposal with a little more information. o The Board thanked Mr. Hunter for his presentation. Let the record reflect, Mr. Hunter left the meeting. SIXTH ORDER OF BUSINESS Manager's Report A. Distribution of the Proposed Budget for Fiscal Year 2017 o Mr.Teague reviewed the budget included in the agenda package. o Assessments remain the same at$460.92. o Fund Balance going into the new fiscal year with$232,153. o The Board requested the line item,Lease-Carts,be decreased from$1,500 to 0. B. Consideration of Resolution 2016-02 Approving the Budget and Setting the Public Hearing 2 1611 A2 May 23,2016 Heritage Greens C.U.D. On MOTION by Mr. Coombs seconded by Mr. Jordan with all in favor Resolution 2016-02 approving the proposed budget for Fiscal Year 2017 and setting a public hearing pursuant to Florida Law,was adopted. C. Financial Statements There being no questions or comments, On MOTION by Mr. Coombs seconded by Ms. Coghlan with all in favor the financial statements were accepted. D. Report on the Number of Registered Voters-668 o Per Chapter 190, it is required to report that the Collier County Supervisor of Elections office reported there are 668 registered voters residing within the District. E. Follow-Up Items o Mr.Faircloth sent out a summary of visits to the website. o The busiest months for visits to the website was January 2016 with 1,104 visits. o Minutes,the audit and meeting time change were posted to the website. o Mr.Coombs letter regarding drains was posted. o Mr. Coombs' letter to the Commissioner was mailed on May 18,2016. o The list of codes from the call box was sent to Kent Security on May 2,2016. o An email was sent to Mr. James Mason of the Golf Course regarding clearing debris from under the crossing plates was sent. o Mr.Faircloth requested PJM trim the shrubs around the call box. SEVENTH ORDER OF BUSINESS Attorney's Report There being no report,the next item followed. EIGHTH ORDER OF BUSINESS Engineer's Report There being no report,the next item followed. NINTH ORDER OF BUSINESS Supervisors' Requests and/or Comments o Ms. Coghlan commented on removal of a shrub wall and replanting. o Mr. Teague will get a quote from PJM to present to the Board at the next meeting. o The June 20,2016 meeting was cancelled. 3 1611 A2 May 23,2016 Heritage Greens C.D.D. o Mr. Marshall announced he is resigning effective July 18, 2016. He performed several tasks that will now have to be handled by others: the clickers, the gate and security camera repair. o The Board thanked Mr.Marshall for all his work and dedication. o Mr. Coombs commented as noted earlier he sent the letter to Collier County Commissioner, Tom Henning, reminding him of the traffic and the school. He suggested Mr. Henning visit the District. On MOTION by Ms. Coghlan seconded by Mr. Jordan with all in favor Mr. Marshall's resignation effective July 18,2016 was accepted. TENTH ORDER OF BUSINESS Audience Comments o Mr. Woody Blackwell commented on poor visibility at the wall and the landscape material. Staff will follow up with a solution to present it at the next meeting. ELEVENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Marshall seconded by Mr.Jordan with all in favor the meeting adjourned at 7:32 p.m. �.,L: Calvin Teagu Gc lrgc oombs Secretary Chairman 4 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HE) - 8 1.4, A Public Meeting Notice- 5/9/ 6 To: Clerk to the Board: Please place the following as a: CCWWA X Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) ********************************************************************************************************** Originating Dept/Div: GMD/Operations&Regulatory Management Person: Ashley Lang Date: April 26,2016 Petition No. (If none,give brief description): Petitioner: (Name&Address): Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) Hearing before: BCC BZA X Other Collier County Water and Wastewater Authority Requested Hearing date: (Based on advertisement appearing 10 days before hearing) May 9,2016 Newspaper(s)to be used: (Complete only if important): X Naples Daily News Other Legally Required Proposed Text: (Include legal description&common location&Size): NOTICE OF PUBLIC MEETING AND FINAL ORDER NO.2016-02 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY 2800 NORTH HORSESHOE DRIVE NAPLES,FL 34104 CONFERENCE ROOM 609/610 MONDAY,MAY 9,2016 2:00 P.M. A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY,PURSUANT TO SECTION 1-6, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE ADOPTION OF THE 2016 PRICE INDEX FACTOR SET ANNUALLY BY THE FLORIDA PUBLIC SERVICE COMMISSION, FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS FOR NONEXEMPT WATER AND/OR WASTEWATER UTILITIES PROVIDING SERVICE IN UNINCORPORATED COLLIER COUNTY AND THE CITY OF MARCO ISLAND,FLORIDA. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY PATRICIA SHERRY,CHAIRMAN APRIL 26,2016 Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? ❑Yes ❑ No If Yes,what account should be charged for advertising costs: P.O.#4500162984 Reviewed by: etrSZ@ti Date Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USEO� c� Date Received: Date of Public hearing: Date Advertised: '�p 1611131 Teresa L. Cannon From: Lang, Ashley Sent: Monday, May 02, 2016 4:52 PM To: Minutes and Records Subject: Legal Advertisement for CCWWA Meeting on 05/09/16 Attachments: Request for Legal Advertising of Public Hearings for Final Order 2016-02.docx Good Afternoon, I need to have this ad run for our May 9, 2016 Collier County Water and Wastewater Authority meeting. I need to have it run ASAP. Once the final order is approved, I will forward the signed off order. Let me know if I need to provide you with anything else. Kindest Regards, Ashley Ashley Lang, Senior Budget Analyst Collier County Growth Management Department Operations & Regulatory Management Division 2800 Horseshoe Drive North Naples, FL 34104 Phone: (239) 252-2302 Fax: (239) 252-3047 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 1611131 Teresa L. Cannon From: Teresa L. Cannon on behalf of Minutes and Records Sent: Monday, May 02, 2016 4:57 PM To: Lang, Ashley Subject: RE: Legal Advertisement for CCWWA Meeting on 05/09/16 I will send it to NDN tomorrow morning. It can run Friday the 6th at the earliest since we missed Thursday deadline. Please verify Friday is ok to run! Thanks From: Lang, Ashley Sent: Monday, May 02, 2016 4:52 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Subject: Legal Advertisement for CCWWA Meeting on 05/09/16 Good Afternoon, I need to have this ad run for our May 9, 2016 Collier County Water and Wastewater Authority meeting. I need to have it run ASAP. Once the final order is approved, I will forward the signed off order. Let me know if I need to provide you with anything else. Kindest Regards, Ashley Ashley Lang, Senior Budget Analyst Collier County Growth Management Department Operations & Regulatory Management Division 2800 Horseshoe Drive North Naples, FL 34104 Phone: (239) 252-2302 Fax: (239) 252-3047 Under Florida Law,e-mail addresses are public records If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 • 161181 • Teresa L. Cannon From: Lang, Ashley Sent: Monday, May 02, 2016 4:59 PM To: Minutes and Records Subject: RE: Legal Advertisement for CCWWA Meeting on 05/09/16 That works, thank you so much! Have a great night. O From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] On Behalf Of Minutes and Records Sent: Monday, May 02, 2016 4:57 PM To: LangAshley<AshleyLang@colliergov.net> Subject: RE: Legal Advertisement for CCWWA Meeting on 05/09/16 I will send it to NDN tomorrow morning. It can run Friday the 6th at the earliest since we missed Thursday deadline. Please verify Friday is ok to run! Thanks From: Lang, Ashley Sent: Monday, May 02, 2016 4:52 PM To: Minutes and Records<MinutesandRecords@collierclerk.corn> Subject: Legal Advertisement for CCWWA Meeting on 05/09/16 Good Afternoon, I need to have this ad run for our May 9, 2016 Collier County Water and Wastewater Authority meeting. I need to have it run ASAP. Once the final order is approved, I will forward the signed off order. Let me know if I need to provide you with anything else. Kindest Regards, Ashley Ashley Lang, Senior Budget Analyst Collier County Growth Management Department Operations & Regulatory Management Division 2800 Horseshoe Drive North Naples, FL 34104 Phone: (239) 252-2302 Fax: (239) 252-3047 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 1 b 1 1 B1 Acct #068784 May 3, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Notice of Public Meeting for Collier County Water and Wastewater Authority Dear Legals: Please advertise the above referenced notice on Friday, May 6, 2016 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500162984 161181 NOTICE OF PUBLIC MEETING AND FINAL ORDER NO.2016-02 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY 2800 NORTH HORSESHOE DRIVE NAPLES,FL 34104 CONFERENCE ROOM 609/610 MONDAY,MAY 9,2016 2:00 P.M. A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-6,COLLIER COUNTY ORDINANCE NO.96-6,AS AMENDED,PROVIDING FOR THE ADOPTION OF THE 2016 PRICE INDEX FACTOR SET ANNUALLY BY THE FLORIDA PUBLIC SERVICE COMMISSION,FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS FOR NONEXEMPT WATER AND/OR WASTEWATER UTILITIES PROVIDING SERVICE IN UNINCORPORATED COLLIER COUNTY AND THE CITY OF MARCO ISLAND,FLORIDA. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY PATRICIA SHERRY,CHAIRMAN APRIL 26,2016 16 1 1 Bi Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, May 03, 2016 8:09 AM To: Naples Daily News Legals; Gori,Ivonne (ivonne.gori@naplesnews.com) Subject: Public Meeting Notice Attachments: Public Notice for Water&Wastewater Authority Meeting.doc; Public Meeting for Water &Wastewater Authority.docx Legals, Please advertise the attached Legal Ad on Friday, May 6, 2016.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 1 6 1 1 1 - Teresa L. Cannon From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Tuesday, May 03, 2016 9:02 AM To: Teresa L. Cannon Subject: RE: Public Meeting Notice Confirmed receipt. Ivonne Gori Legal Advertising Specialist NapIrspailt;:Sews I •Vi Jow°A� Office: 239.213.6061 Ivonne.gori@naplesnews.corn NaplesNews.com From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent:Tuesday, May 03, 2016 8:09 AM To: Legals NDN <legals@naplesnews.com>; Gori, Ivonne <ivonne.gori@naplesnews.com> Subject: Public Meeting Notice Legals, Please advertise the attached Legal Ad on Friday, May 6, 2016.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helpdesk@ collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 161181 Teresa L. Cannon From: ivonne.gori@naplesnews.com Sent: Tuesday, May 03, 2016 11:24 AM To: Teresa L. Cannon Cc: Ivonne Gori Subject: Ad: 1074755, NOTICE OF PUBLIC MEETING AND FINAL 0 Attachments: BCC BU DG ETO-28-1074755-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 > Ad Proof a ? apLr&i Battu rwE Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Date:05/03/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:504175(N068784) Please confirm placement prior to deadline by contacting your account rep at(239)262-3161 . Company Name:BCC BUDGET OFFICE Ad Id: 1074755 P.O.No.: Total Cost:$130.11 Contact Name: Email: Tag Line:NOTICE OF PUBLIC MEETING AND FINAL 0 Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:05/06/16 Stop Date:05/06/16 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC MEETING AND FINAL ORDER NO.2016-02 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY 2800 NORTH HORSESHOE DRIVE NAPLES,FL 34104 CONFERENCE ROOM 609/610 MONDAY,MAY 9,2016 2:00 P.M. A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY,PURSUANT TO SECTION 1-6,COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE ADOPTION OF THE 2016 PRICE INDEX FACTOR SET ANNUALLY BY THE FLORIDA PUBLIC SERVICE COMMISSION,FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS FOR NONEXEMPT WATER AND/OR WASTEWATER UTILITIES PROVIDING SERVICE IN UNINCORPORATED COLLIER COUNTY AND THE CITY OF MARCO ISLAND,FLORIDA. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY PATRICIA SHERRY,CHAIRMAN APRIL 26,2016 May 6,2016 No.1074755 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. X611 131 Teresa L. Cannon To: Lang, Ashley Subject: FW: 1074755, NOTICE OF PUBLIC MEETING AND FINAL 0 Attachments: BCCBU DG ETO-28-1074755-1.pdf Please review and verify Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Tuesday, May 03, 2016 11:24 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject:Ad: 1074755, NOTICE OF PUBLIC MEETING AND FINAL 0 Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Teresa L. Cannon l6116 From: Lang, Ashley Sent: Tuesday, May 03, 2016 11:29 AM To: Teresa L. Cannon Subject: RE: 1074755, NOTICE OF PUBLIC MEETING AND FINAL 0 Approved! Thanks Teresa. Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent:Tuesday, May 03, 2016 11:25 AM To: LangAshley<AshleyLang@colliergov.net> Subject: FW: 1074755, NOTICE OF PUBLIC MEETING AND FINAL 0 Please review and verify Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent:Tuesday, May 03, 2016 11:24 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject:Ad: 1074755, NOTICE OF PUBLIC MEETING AND FINAL 0 Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Teresa L. Cannon 1 b I 1 44 B 1 To: ivonne.gori@naplesnews.com Subject: RE: 1074755, NOTICE OF PUBLIC MEETING AND FINAL 0 Ad looks good, ok to run! Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent:Tuesday, May 03, 2016 11:24 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Cc: Ivonne Gori<ivonne.gori@naplesnews.com> Subject: Ad: 1074755, NOTICE OF PUBLIC MEETING AND FINAL 0 Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 1611 B1 ?iaplrEl aiLjj ciWj!i NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- ty, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC BUDGET OFFICE 1074755 NOTICE OF PUBLIC MEE Pub Dates May 6,2016 (Sign ure of affiant) 26-'"' Sworn to and subscribed before me 4tr►t;:,,, IVONNE GOBI This May 11, 16 4 , Notary Public-State of Florida 0 ' • ,g Commission 4,S FF 900570 11 ' My Comm.Expires Jul 16,2019 '. . ' , n•,••`' Bonded through National Notary Assn. ,'ice OIPINIPTIPPIRIPROPWRirilirgrourwroli (Signatur of affiant) ' Z • ...... Bit LLNAPLES DAILY NEWS u Friday,May 6,2016 Se 190 NoticeMIMIIMP Notice TO Creditors Notice To Creditors ReDUeSt for Bids RegUeSt for Bids Zd t public sale to the tel BE FOREVER BARRED. Facsimile:(239)263-1144 INVITATION TO BID < 5401 Beaumont Center and tea bidder,for gash.at NOTWITHSTANDING /n Boulevard -D F.••' •BB • R ANY OTHER APPLICABLE TIME Person Giving Notice The School Board of Collier County.Florida,will accept Sealed V Apartmentleoerd361 N1rPH�R•PLtl1bPb1 PERIOD, ANY CLAIM FILED NANCY C.JARRETT Request.for Information(RFI)in the Office of the Director of Tampa.FL 13634 ' I:IW.*)IBSLTTILL,W:LII TWO Ill YEARS OR MORE 5/0 AERIC ANDERSON,P.A. purchasing until 2:00 p.m.on the date noted below for, Z and VAIN1/191f11S•11BL9LI9Pe AFTER THE DECEDENT'S DATE 350 Fifth Avenue South,Suite a) _ 3100 Southeast Salerno Road • Y 9 WPM o OF DEATH IS BARRED. 100 Blp p TITLE¢ �p[� 0) Stuart,Florida 14997 MAY 163016. Naples,Florida 34103 8 Legisla Ivo 5 rvices Mayi%16 Qg i'- d A ny person claiming The date of first publication April 19 and Mayy 6, 1016 Scope of work and requirements ® ntlO:!(www. 6615 Woods Island Circle interest in the surplus from of this Notice is April 19,3016. No.1067344 UJ Apartment 306 the sale.If any,other than the de weeen0comlauBlpapI i d2Wg1 y i3.371 fist. O LU Port 5t.Lucie,FL 34951 plop¢iii oeddene mus[filo a Ngtticeey for Person Giving df0?1=searchbL=BBdlml=10303 or ca11179111-DOR. U E CASE NO.:2915.15622 claim within 60 days after the A.ERIC ANDERSON QReat Estate The School Board of Collier County,Florida sale. Attorney for petitioner By:/s/Dr.Kamela Patton > ♦� LICENSE NO.:RN 121111167 and seal thisonthis l5 day o/ AI.ERIC ANDERSONorida Bar No. ,P.A. There'S Loi place llke...11ere 865 Authorized by:t of Schools VThe Department of Health April,2016. 150 Fifth Avenue South,Suite Nancy Sirko.Director of Purchasing C J has filed an Administrative 200 C1Lft@LZS ,Y May681,7016 No.1077559 MM Com0laint against you,a copy DWIGHT E.BROCK Naples,Florida 3410E lOC O W f which may be obtained CLERK OF CIRCUIT COURT Telephone,(2391 262-7748 PubIiC Notices Public Notiee5 = by contacting,Jenna Partin, By:/s/Kathleen Murray E Assistant General Counsel, Deputy Clerk NOTICE OF PUBLIC MEETING AND FINAL ORDER NO.2019-02 E a Prosecution Services Unit, ND[iCC NOtiCC COLLIER COUNTY WATER AND WASTEWATER AUTHORITY.34104 4051 Bald Cypress War',Bio D You are•prneed,ROY 2800 NORTH HORSESHOE DRIVE NAPLES,FL I11g4 O gC65. Tallahassee i nritl ...bill, ria •••NOTICE'•' CONFERENCE ROOM 609/610 tj. 32399-3265.(MO)745-4444, dation M order la MONDAY,MAY 9,2016 participate In this proceeding, 2;90 P.M. t, O 11 no contact has been made you are enpNled,at m cost Dr.Michael Glolh has Mb the medical practice efthe Canter of by you concerning the above You to the Protsiase critn Health Living at Moorings Park effrU ea April 14th 7016. All A FINAL ORDER OF THE COLLIER COUNTY WATER AND ty t1.i by June 17.1016 the matter of ...Mace. Please contact of Or.Clothes fatients will have the if 1100 l n„,,,,djjs retained WASTEWATER AUTHORITY,PURSUANT TO SECTION 1.6,COLLIER E the Administrative Complaint the Administrative Services at the Center for Health Livinp.Dr.Adrian Torre en0 Ms.Sara COUNTY ORDINANCE NO.96-6,AS AMENDED,RSETA ING < U will be presented at a I eat d r hose /lice el Wanner.ARNP will assume care for Dr.Glolh's patients. If COUNTY PMINANCE 96-6,AS AMENDED, REVIDING FORR O • e s Ing mee\Ing of the Beard looted t 3301 Eat Tamiami naCey er[ed enpwrttinge iflhe Center far Health llving�hysicians TBYTNE RORIOApUBMC SERVICECOMMI5510N.FOR UTILI2AT10N of Nursing m an informal Trail. Building n, Naples, ayril 3l,19 antl May 698 11.1016 No.0052541 IN PRICE INDEX RATE APPLN:ATIONS FOR NONEXEMPT WATER O Q ' • O proceeding. lejephene4 number d is w11239) AND/OR WASTEWATER UTILITIES PROVIDING SERVICE IN COUNINCOIn accordance with the 257.8800,within two working ISLAND LOBATED COLLIER COUNTY AND THE CRY OF MARCO Z CI Z Americans with Disabilities days of s• receipt of this PUblic Notices Public Notices ISLAND.FLORIDA. Act, y needing a Notice of Nearing;iff you are COLLIER COUNTY WATER AND WASTEWATER AUTHORITY special persons accommodation to hearing or voice impaired,call NOME OF PUBLIC NEARING PATRICIA SHERRY,CHAIRMAN participate in this proceeding ]I1. APRLLZ6,3116 should contact the Individual Basil 1.Bain,Esq. Notice is hereby given that a public hearing will be held by May6,2016 No.1074755 agency sending this notke She Bain law Firm P.L. the Collier Cwnty URIC,Hewn,Examiner(HEX)at,NOD A.M.,on not later than e^ days 5057 Tamiami Trail East Thursday,May 26,2916,in the Hearing Examiner's Meeting E prior to the proceeding at the Naples,Fl 34113 Room,at 3800 North Horseshoe Drive,Room 609/610,NaVlesPublic Notices Public Notices Odrms given on the notice. (139)434.2194 3L01,to consider: O Telephone: (050) 145-4444, bib@balnlawfirm.com PUBLIC NOTICE C 1.800-955-8771(TOM or 1-800- Attorney for Plaintiff PETITION NO.Zetino o)-PL70160000588-2600 Immokalee,LLC by 955-8110(V),via Florida Relay April 79 and May 6,o.0 requests affirmation of a zoning verification letter issued by STATE OF FLORIDA 0 Service. No.1047900 the Planning and Zoning staff pursuant to LDC Section DEPARTMENT DR ENVIRONMENTAL PROTECTION May 6,13,30,87],7016 10.02.06,in which County talc determined that the proposed CONSOLIDATED NOTICE OF INTENT TO ISSUE PERMIT Nuse of Dialysis Center(SIC 8097)Is comparable In nature to other I NOME OF ACTION Notice To Creditors permitted principal uses in the Commercial Area under Section eNO AUTHORIZATION TO VSE SOVEREIGN SUBMERGED LANDS 15.1[101-CP O.l()of the Immokalee Aped Center PUD,Ordinance Na.91-16. The Department of Environmental Protection gives notice of Its NOTICE UNDER FICTITIOUS IN THE CIRCUIT COURT FOR samended.The subject property is located an the south side 0f _ COtc NAME STATUTE TO WHOM COLLIER COUNTY,FLORIDA Immokalee in ee Road.0,proximately,T00 660 feet east of Airport•Pullinp In^denggtraot espublo easement[o usre suverleipn submerged lenldi IT MAY CONCEPNL Nnlice PROBATE DIVISION Road,in Section I5,TOwnthip OB South,Range 35 East.Collier to th tenter County Beard of County Commissioners,3101 (v it O is hereby given that the probate File No.15.1801-CP County,Florida,consisting of 9.618 acres, East Tamiami Trail,Naples.Florida 34111,to rehabilitate a small 0 rsigned pursuant to the rock pro ,construct a rock spur off the existing south jetty at yn 1 "Fictitious Name Statute". IN RE:ESTATE OF JACQUELYN Doctors iPa56 and construct a rock pmin with a detached rock O•• Chapter tlll register Florida B.CLAUSONTHUE,Deceased. l interested parties are invited to pear and be heard.All and breakwater. t' 0 0 L Statutes,will with materials used In presentation before the Hearing Examiner will The project site r.located south of Doctors Pass,between Ill C _ E) the Division of Corporations, NOTICE TO CREDITORS become a permanent part of the record Department Reference Monuments R-57 and 5-5tl.Section Department I State.Stale (Summary Administration) • O 0 N of Florida p receipt of Copies of tall report are ova]able one eek prior 10[he 28,Township 49 South,Range 15 East,Collier County.Gulf o1 '0 (v O Drool of then publication TO ALL PERSONS HAVING hearing.The file can be reviewed t the Collier County Growth Mexico,Class III Waters. are < < (Zs 0 of this notice.the fictitious CLAIMS OR DEMANDS Management Department.Zoning Division,Zoning Services A Parson hose bstanllal interests aflec[ad by the VI to-wit; Shagbark AGAINST THE ABOVE ESTATE: Section,7800 North Horseshoe Drive,Naples,FL. Qepcartment'saction may petition for an administrative hearing enar•ms under which I dance with sections 120.569 antl 170.57,Florida Statutes gaged business at 8625 You c hereey The Hearin Examiner's decls0 becomes final on the date (i.5.).The petition must contain the information set]Orth below Julia M. Naples,FL 34111. otified that an Order 1 r ndered.Il apersondecjdestoappealany declsien made by and must&¢ijlatl(fec¢w¢d by the clerk)in the Office of General That the partinterested in Summary Administration has the Collier CointyRxrIng Examiner with respect to any matter Copnst [the Dep tmen1at39U0020 0nwealih Boulevard, said bus n ss enterprise is as been entered in the estate of considered at such meeting hearing,he will need a record of 'BA all Ssetion 35e Tallahassee.FlofiOa 31199-3000. C follows:business LLC.,Arvin JACQUELYN B.CLAUSONTHUE, that proceeding,and for such purpose he may need to ensureB the administrative hearing prpce55 Is designed[a .- Danielson MGR,8625 Julia Ln, deceased, File Number that a verbatim record of the proceedings is made,which recIrtl r tleleomine]foal agency lion on the ap0licauonr she lilnna Naples,FL MI14. 15-IBOI-CP, is pending in includes the testimony antl evidence upon which the appeal is of petition for administrative hearing y I1 I\ May 6.2016 No.1076362 the Circuit Court for Collier to be based, modification of the permit or even a denial of\tic Th cation. County, Florida, Probate Under rule 61.110.106(1),Florida Administrative Code(F.A.C.), P. ® per hoc substantial reforests ere aneion d by the t\ is 3315,the address of which it Yo Mer top participate in pitywhdlneedsIuanyareentitled, accommodation,MnOepartmen\'s ac\ion may also reque 1 an extension of time to 3315 Tamiappl Trail FL 4112. in rderyyto participate in this pro on of pit tee You are entitled,et no file a petition for an administrative hearing. The Department N. 14-0897-CA Suite IN THE CIRCUIT COURT OF 5324:that deycedent's4date the\to Collier io the Countarni lylyr Facilities Managements DivisionPlease locatedact almay,for g d se how grant the request( td sion with N CIRCUITTHE 4IN AND FORENTIETH UDICIAL of death was COLLIER. the total value May l th1e estate is (339)25218380,atl astttwolte days3prior tolthe meeting 0112-5356. of theife of Gees for neral Counsel^otltime the Departresseust be lat 3900 FLORIDA f5,650.00,and that the names Commonwealth Boulevard,Mall Station 35,Tallahassee,Florida Itl N CIVIL DIVISION and addresses of those to 33399-3000,before the ell roll deadline. A timely request CASE NO.:14-0897-CA whom it has been assigned by Mark Strain, for extension of time shall toll the running of the time period IX) X such order are: Chief Hearing Examiner for filing a petition until the request is acted upon.If a request Collier County,Florida is filed late,the Department may still grant it upon a motion by n Trustee of the_ WILLIAM D. PRINCE. as s Creditors: May R 2016 No.1067430 the requesting party showing that the failure to fila a request 0 Agnes A. Shakespeare Revocable Trust NONE for an extension et lime before the deadline was the result o/ l's Q Q dated 17/08/89,as amended, excusable neglecl. U Plaintiff. Beneficiaries: In the event[ha[atimely and sufficient petition for an vs NANCY C.IARRETT ,REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES administrative hearing is filed,other persons whose substantial Interests will be affected by the outcome of the administrative t- Z C'V Z ROBERT L. SHAKESPEARE. DONNA KOTULAK FOR THE BIG CYPRESS STEWARDSHIP DISTRICT process have the right to petition to intervene in the proceeding. individual. FREDERICK CAROL J.ARMSTRONG COWER COUNTY,FLORIDA Any Intervention will be only at the discretion of the presiding C. KRAMER. ESQ, an DIANE C.HUNTLEY judge upon the filing of a motion in compliance with rule ndlvidual, and KRAMER BRUCE D.IARRETT RFD for Engineering Services 28.106.205,F.A.C. HUY P.O., formerly known CAMERON L.IARRETT In accordance with rules 38.106.111(21 and 62410.10601 Q) THE KRAMER LAW FIRM PAUL COLUCCI The Big Cypress Stewardship District("District.), (t(s),Eke,petitions for an administrative hearing by the G.A.,a Florida professional LISA LOERZEI pursuant to Section 187.055,Florida Statutes,an o cesp Leant must be filed within 14 days of receipt of this written E association, JERRY KEARIEY REYKOTULAN KERRY that professional engineering ewes will be required on notice.Petitionsriled by any y o other than the applicant. Defendants. o booing basis for the District's public improvements d other than[hose entitled written notice under section CHRISTOPHER KOTULAK including the preparation of water control plans,reports and 120600).F.S.,must be filed within Id days of publication of .OT CEO JAMES ARMSTRONG other documents,authorized by Chapter 004.421.Laws of the notice or within 14 days of receipt ofthewritten notice, • z FOREL• if 4LIF JENNY ARMSTRONG Florida. The engineering firm selected will act In the general whichever occurs first Under section 11060(3),F.S.,however, TENANC - tF List ES CHARLES ARMSTRONG paDacity of District Englneef and provide District engineering nyyperson who has asked the Department for notice n/agency .� >h , • •_ CATHERINE HUNTLEY serviceLEYs.as required. actionmay file a petition within 14 days of receipt of such notice, C o " CATHERINE J RRETT,T regardless of the date of publication. C O F-- PLEASE TAKE NANCY 51CANERSTRUSTEE Any firm or Individual("A plidesiring to provide The petitioner shall mall a copy of the petition to the NOTICE that, pursuant to /o',ERIC ANDERSON,P.A. professional services to the District must:1)hold applicable eplic t t the address Indicated above et the time of Ming. 't the Partial Final Summary 350 Fifth Avenue South,Suite ederal,state and local licenses:2)be authorized to do business he ILWre of any person to file a Petition for an administrative Z Co N 0 Judgement of Lien Foreclosure 200 Florida In accordance with Florida law:and 11 furnish a hearing within the appropriate time period shall constitute dated April I1, 3016. d Naples.Florida 14103 st element("Quafiflcatlnn 5tatemefiri of its qualjlicl.i nswaiver f that person's right to request an adm Mis[rative -0 Co N O enter.by the Court n the d past experience on U.S.General Service Administration's Aeermination(heating)under sections 120.569 and 130.57,F.5. Q 0 hove-sty etl case,I,Dwight ALL INTERESTED PERSONS and Qualifications,Standard Form No.330.i.with p petition that disputes the malarial facts on which E.Brock,Clerk nt the Circuit ARE NOTIFIED THAT pertinent supporting data.Amon leer things,Applicants must the Department's action is based must contain the following Court,will sell all Defendant submit Information relating to:a)the abiljly d adequacy of the information:(a)The name and address of each agency affected Robert L. SIWe pe s All creditors of the Aplicant's profmSienal p rsennet b1 whether the 40.0 and each agency's file or identification umber,a known;(b) SedIed,intudl•,boli.•t estate of the decedent d is r Hietl mmrity,,,,nv as c erprise; ) he pbce ht's I,e name,addrsss,and telephone number a1 tri¢eO:Iio er's Nmlled ea pr IIF¢1 persons having lei es r illinpneM to ret time antl budget requirements;d)the int name,atltlress,and telephone number of[he petitinneYs in the real property legally demands against the estate ApPlitant's pas[experience and performance,including but not representative,II any,whlcF shalI be[he addras for service described as of the decedent other than Iimltedto past experience as a District Engineer for any intendant ourGo es duringthe course afthe proceeding,.an explanation those for whom provision pecialdletrlcts and past experience with collier county:el the f oesv he petitioners substantial 1 s are o ill be Lot 4,Block 0,PINE RIDGE for full payment s made yeacpuicip atj n of the AO]pant's heady eters and offices; affectedtby the agency detailed n oni(c)A statement Of when SECOND EXTENSION,together aIOh In the Order of summary Ti the rent and projected workloads f the Applicant: d how the petitioner received notice of the agency decision; with n undivided ILZTIh Administration must file their Pi the volume of work previously awarded to the Applicant by (p)A statement of all disputed,issues of material tact.If there Interest In Warbler lakes claims with this court WITHIN the District.Further,each Applicant must identity the specific a on the petition must so Indicate:(e)A concise statement according to the plat thereof THE TIME PERIODS SET FORTH individual affiliated with the Applicant who would be handling al the ultimate facts nee piped,Including Lha specific facts that corded in hat Beek 10,Pace IN SECTION 133702 OF THE District meetings,construction services,and other engineering the petitioner contends arrant reversal ormodification specific of Bb of the public record f FLORIDA PROBATE CODE• tasks. the agency's proposed action:(fl A statement of the specific Collier County,Meria. ALL CLAIMS AND rules or statutes that the petitioner contends require reversal DEMANDS NOT SO FILED WILL The District will review all Applicants and will comply or modification of the agency's mopesetl action.petIFeng an with Florida law, atuding the Consultant's Comp tithe explanation of haw the alleged facts relate to the secific rules NepoCentss Act.Chapter 787,Florida Statutes("CCNA'). All or statutes:and(g)A statement of the relief sought by the applicants interested must submit eight(8)copies of Standard tpetitioner,stating precisely the action that the petitioner wishes FormH 130 0d pooh cation onaof pent by 1]00 Pm o the agency lntake w t res,ct 0000 1001 dispute the uteri l cts Friday.May 10 3016 to the attention of Hank F shk rid,Fishkind02H11 q petition on that does not tl sputa the ]enol faces 8 Associates Inc 12051 Corporate Blvd.Orlando Flor da 32811 n rich the Departments action is based shall state that no „y'.1 a ("D ser ct Manager's Offices). h facts are M dispute and otherwise shall contain the same The Board shall select and rank the Ap I cants us information as sea forth above required by rule 1tl-IpeOltlo, E<•y p g FqC Under sections 130.569(3)tt d(d) F.S., )tion • the raulrements s t forth In the CCNA d t e ev lust[ 1 administrative hearingu must be dismissed by the ent), iIOM criteria on file with the District menage,and the highest ranked f thepetition does of bstanrlaII comply with the above rd • APPlimnl will be requested to enter Ino contract negotiations. requirements or is untimelysr led. �Mwg 7 If an agreement cannot be reached Into the Dsrct and This Intent tp issueconstitutes. oder or the • the hi est ranked Applicant,neggt ethos will cease and begin Department The applicant has te right to seekjud<al review with thnext unsuccessful, hest ranked Applicant and if these negotiations of the order under section 120.68 fs,by the filing of a notice are 111 continue to the third highest ranked 1 appeal under rule 9.110 at the Florida Rhes Of Appellate Procedure w rh the Clerk of the Department the Office of ,^ � Applicant. General Counsel,3900 Commonwealth Boulevard Mail Station moi/ �/ Th District se the right to reject ane antl all 35,Tallahassee Florida 33399 3000;and by i l n copy of the 4- � . a/g ✓ Qualification Statement,. Additionally,there p press or lice of appeal accompanied b the applicable filing tees with Q Sfo{ile pled obligation for the District t0 reimburse Applicants for Me appropriate district court of appeal. The notice of appeal e: "'7fi NBIV` "`tea the Qualification Staltements in ith riesponse preparation and request. is of must be filed awithinClerk 30 day epa thedate when the final order G� Is filed with the Clerk of the Depart ment. •Manageyour subscription Any protest regarding the terms of this Notice.or TheapplicationNand COMIT AND ED NOTICE OF g P g INTENT TO ISSUEOINTUBMER AUTHORIZATIONIPERMITAND tfaNclli• J�yy the evaluation criteria on file with the District(72) Manager,must CO USE SOVEREIGN SUBMERGED LANDS"and the"DRAFT 1 W •Find a newsstand to buye paper be filed in afewriting.within seventy-two(No hours he formagg CONSOLIDATED JOINT COASTALSAPERMIT AND INTENT TO GRANT 448444444 4::: •Place an obituary,Classified ad Or press release pr kends)anal he publication o/this Notice. The ethanal SOVEREIGN SUBMERGED LANDS AUTHORIZATION" can be { hitest setting forthwith based shop UT the/acts and law upon viewed at the Department's InternetNP-PR Web site 4 ® CO •Submit news which the protest is based shall be filed within seven.(71 ytm/ftpd [e 1.ps/Uy/ENV-PRMT/C0111¢r/ 0itS calendar eats Her the initial notice of protest w+ ied. g d1 o/03 6fi,'�aH-6oclitrt%30•ass0610eroapn0020contro19620 •Submit a letter to the editor aiure o timely file a notice of protest or failure to timely file a 'f u fe¢/0.J�Jlmew ei ` formal written protest shall constitute a waiver of any right to day 6.0016 No.1o1R511 •Report a problem object or protest with respect to aforesaid Notice or evaluation criteria provisions.Any p n who files a notice of protest shall (� www.naplesnews.com/customerservice provide to the District.simultaneous with the filing ofthe notice, protest bond with a responsible surety to be approved by the i 0 Additional District and in the amount requirements a eats re Dollars protests are There's no place like here. ',Naples Battu?kills Additionald in the am and f Ten Thousand d Dollars protests are set forth in the District's Rules of Procedure,which are available Naples Daily News Localfieds 1.4 from the District Manager. as +•.w+•cvrm�+��w•. May 6,1016 No.1074768 0.4988, CO 4.40 13 ...8 U- 1bIBh(flO to 0 COLLIER METROPOLITAN PLANNING ORGANIZATION BOARD MEETING Collier County Board of Commissioners (BCC) Chambers 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 9 A.M. June 13, 2014 1 1. Call to Order/Roll Call BY Chairman Saad called the meeting to order at approximately 9:08 a.m. 2. Roll Call Ms. Kristin Campos, MPO Administrative Secretary, called the roll and announced that a quorum was present. Those in attendance were as follows: Members Present Councilman Sam Saad, City of Naples, Chairman Commissioner Donna Fiala, Collier County BCC District 1 - Vice-Chairwoman Commissioner Georgia Hiller, Collier County BCC District 2 Commissioner Tim Nance, Collier County BCC District 5, Councilwoman Dee Sulick, City of Naples Mayor Sammy Hamilton, City of Everglades Member (s) Absent Commissioner Tom Henning, Collier County BCC District 3 Commissioner Fred Coyle, Collier County BCC District 4 Councilman Chuck Kiester, City of Marco Island FDOT Representatives Secretary Billy Hattaway, FDOT Carmen Monroy, Florida Department of Transportation (FDOT) MPO Staff Lucilla Ayer, MPO Executive Director Lorraine Lantz, MPO Principal Planner Sue Faulkner, MPO Principal Planner Kristin Campos, MPO Administrative Secretary Others Present Scott Teach, Deputy County Attorney, Collier County Government Nick Casalanguida, Growth Management Division (GMD) Administrator Reed Jarvi, Collier County GMD Transportation Planning Department Michelle Arnold, Collier County Alternative Transportation Modes (ATM) Department Trinity Scott, Collier County ATM Department r 4 att MPO Board M f Min to 1 b I 1 Aim 13, 20 2 Page.2..-:. Suzanne Lex, FDOT Zac Burch, FDOT Vitor Suguri, FDOT Jeffrey Papner, FDOT Debbie Tower, FDOT Jeff Perry, Stantec Consulting Richard Dreyer, Tindale-Oliver &Associates (TOA) Dayna Fendrick, Chairwoman, Pathways Advisory Committee (PAC) Gregg Strakaluse, City of Naples Streets and Stormwater Director Wayne Sherman, citizen 3. Pledge of Allegiance Chairman Saad led the pledge of allegiance. 4. Approval of the Agenda and Consent Items A. Approval of April 11, 2014 MPO Meeting Minutes B. Approval of Transportation Disadvantaged (TD) Planning Grant Application and Resolution C. Consistency of CAT's FTA Section 5307 & 5339 Program of Projects with MPO's Adopted Long-Range Transportation Plan (LRTP) &Transportation Improvement Program (TIP) D. Ratification of 2014 Community Transportation Coordinator (CTC) Local Coordinating Board (LCB) Review Report E. Approval of FY2012/13 - 2013/14 and FY2014/15 — 2015/16 Unified Planning Work Program (UPWP) Amendments F. Approval of a Resolution Authorizing the MPO Executive Director to Process Administrative TIP Amendments between July 1st and September 30th Commissioner Fiala: Motion to approve the Agenda and Consent Items. Councilwoman Sulick: I second the Motion. MOTION CARRIED UNANIMOUSLY 5. Open to the Public for Comment on Items not on the Agenda None. 6. Committee Chairman's Report A. Technical Advisory Committee (TAC) Ms. Michelle Arnold, TAC Chairwoman, reported that the Committee met on April 21st and on May 19th. A quorum was attained at both meetings. At the April 21st meeting, the Committee endorsed: MPO Board Meeting Minutes I w June,13, 2014 1 LJ Page 3 • The 2014 Highway and Bridge Related Projects; • The 2014 Transit Priorities, • The 2014 CMS/ITS Project Priorities; • The FTA Section 5307 & 5339 Program of Projects. The Committee received a presentation on the SR 29 Alternatives by FDOT. At the May 19th meeting, the Committee endorsed: • The FY2014/15 — 2018/19 TIP; • The FY2013/14 — 2017/18 TIP Amendment; • A Resolution Authorizing the MPO Executive Director to Process Administrative TIP Amendments between July 1st and September 30th; • The 2014 Pathways Project Priorities; • The Revised Joint TRIP Priorities for Lee and Collier MPOs; • The TD Planning Grant Application and Resolution; • The LRTP Update Phase II Scope of Services; and • The Transit Development Plan (TDP) Major Update Scope of Services The Committee received a presentation on the TDP Annual Update. The next TAC meeting will be held as a Joint TAC/CAC meeting on June 23, 2014 at 9:30 a.m. at the Collier County Growth Management Division, Conference Room 609/610, 2800 North Horseshoe Drive, Naples. B. Citizens Advisory Committee (CAC) Mr. Wayne Sherman, CAC Representative, reported that the Committee met on April 21st and on May 19th. A quorum was attained at both meetings. Mr. Sherman reported that the April meeting was held in Everglades City and the Committee endorsed the Priorities and the Program of Projects as the TAC did. The Committee also received a presentation on the SR 29 Alternatives by FDOT and had a discussion on the potential impacts of the alignments and the proposed roundabouts. At the May 19th meeting, the Committee endorsed the agenda items, as the TAC did. The Committee received a presentation on the TDP Annual Update and had a discussion regarding ridership and the route changes. The next CAC meeting will be held as a Joint TAC/CAC meeting on June 23, 2014 at 9:30 a.m. at the Collier County Growth Management Division, Conference Room 609/610, 2800 North Horseshoe Drive, Naples. C. Pathways Advisory Committee (PAC) Ms. Dayna Fendrick, PAC Chairwoman, reported that the Committee met on April 25th, 2014 and on May 23rd, 2014. A quorum was attained at both meetings. MPO Board Meeting Minutes June 13, 2014 16 11 B2 Page 4 Following project presentations and a detailed discussion, the Committee endorsed the 2014 Pathway Projects. Some of the project details that were discussed included the following: • The length and width of a project; • Whether the project connected to existing facilities; • The anticipated demand for the project; • Were there many employees/residents in the project area that would utilize the facility; and • What the estimated cost included. On May 23rd, the Committee endorsed: • The FY2014/15 — 2018/19 TIP; and • A Resolution the MPO Executive Director to Process Administrative TIP Amendments between July 1st and September 30th The Committee received a presentation on the TDP Annual Update. The Committee also began discussions on the update of the Collier Bicycle and Pedestrians Facilities Map. The next PAC meeting will be held on June 27, 2014 at 9:00 a.m. at the Collier County Growth Management Division, Planning & Regulation, Rooms 609/610, 2800 North Horseshoe Drive, Naples. D. Local Coordinating Board (LCB) for the Transportation Disadvantaged (TD) Commissioner Donna Fiala, LCB Chairwoman, reported that the LCB had a meeting on May 7th and a quorum was attained. The Board endorsed the following: • The Community Transportation Coordinator (CTC) LCB Review Report; • The TD Planning Grant Application and Draft Resolution; and • The Proposed Rate Model. The Board received a presentation from the CTC and received an update on the statewide Medicaid transition from the Agency for Healthcare Administration. The next meeting will be held on September 3rd at 2 p.m. at the Collier County Government Center, Building F, Information Technology Training Room, 5th Floor, 3299 Tamiami Trail East, Naples. E. Congestion Management System/Intelligent Transportation System (CMS/ITS) Ms. Sue Faulkner, Principal Planner, reported that the Committee cancelled the May 21St meeting. The next CMS/ITS meeting will be held on July 16, 2014 at 2:00 p.m. at the Collier County Growth Management Division, Main Conference Room, 2885 South Horseshoe Drive, Naples. MPO Board Meeting Minutes June 13, 2014 16 I 1 2 Page 5 Councilwoman Sulick stated that she was concerned about the benefits of various projects that were ranked in the CMS/ITS Project Priorities. 7. Regular Board Action Items (Roll Call Required) A. Approval of FY2013/14 — 2017/18 Transportation Improvement Program (TIP) Amendment Ms. Faulkner introduced the item and reported that through a competitive grant process administered by FDOT, Collier County was awarded funds to purchase four (4) 24-foot replacement buses. Ms. Faulkner noted that the replacement buses would include a camera, radio and an intelligent transportation system. She explained that the Paratransit system maintains a capital replacement schedule for vehicles recommended and scheduled for replacement by Collier County Fleet Management. Ms. Faulkner reported that the vehicles being replaced were purchased in 2007, meet Federal Transit Administration (FTA) vehicle end of useful life criteria, and are identified in the Vehicle Replacement Plan in the 2013 Transportation Disadvantaged Service Plan. Ms. Faulkner reported that the United Cerebral Palsy, Inc. also received the FTA Section 5310 funding allocation to purchase one commuter van which would provide services for the disabled population. Councilwoman Sulick questioned how Collier County applied for funding and then turned the capital expenditures over to a private organization. Ms. Monroy explained that United Cerebral Palsy applied for the funding through a competitive grant process administered by FDOT and the funding would be managed by FDOT. Commissioner Nance: Motion to approve the FY2013/14 — 2017/18 TIP Amendment. Commissioner Fiala: I second the Motion. MOTION CARRIED UNANIMOUSLY Chairman Saad asked Ms. Campos for a Roll Call Vote for the Approval of the FY2013/14 — FY2017/18 TIP Amendment. Ms. Campos called the roll. Mayor Hamilton: Yes. Commissioner Henning: Absent. Commissioner Coyle: Absent. Chairman Saad: Yes. Commissioner Fiala: Yes. MPO Board Meeting Minutes June 13, 2014 16 B2 Page 6 Commissioner Hiller: Yes. Councilman Kiester: Absent. Commissioner Nance: Yes. Councilwoman Sulick: Yes. MOTION CARRIED 6-0. B. Approval of FY2014/15 — 2018/19 TIP Ms. Faulkner introduced the item and gave a brief PowerPoint presentation on the FY2014/15 — 2018/19 TIP. Ms. Faulkner reported that that each year, the MPO is required to develop a financially-feasible TIP that includes highway, aviation, transit, Transportation Disadvantaged Program, transportation enhancement, and transportation planning projects that are to be funded with State and Federal dollars over the next five years. Ms. Ayer noted that all projects that are included in the TIP must be derived from the MPO's LRTP Minor Update, adopted March 8, 2013, and include specific project descriptions. Ms. Faulkner discussed the Types of Projects that were funded in the FY2014/15 — 2018/19 TIP which included: • 78 Highway Projects ($188 million) o 29 Pathway Projects; o 16 CMS/ITS Projects; and o 5 New/Maintenance Bridges • 14 Transit Projects ($42 million) • 12 Aviation Projects ($23 million) • 3 Miscellaneous (software) CMS/ITS ($2 million) Ms. Faulkner discussed the major projects that are funded in the FY2014/15 — 2018/19 TIP which include: o 1-75 • Construction of two additional lanes from north of Collier Boulevard to north of Golden Gate Parkway - $31 million • Construction of recreational/rest area at Mile Marker 63 - $17 million • Ultimate design for future capacity at Collier Boulevard (SR 951) - $10 million o SR 29 • From I-75 to Oil Well Road — PD&E Study - $19 million • From SR 82 to Hendry County Line — Design for construction of two additional lanes - $3 million o US 41 • From Mosquito Canal to SR 29 — Resurface - $11 million MPO Board Meeting Minutes June 13, 2014 16 I 1 E32 Page 7 o Golden Gate Bridges • At various locations — Design and construction of three new bridges - $10 million o Collier Boulevard (CR 951) • Green Boulevard to Golden Gate Boulevard - $2.5 million o Collier County Substructure Repair • At US 41 — Intersection Improvements - $2.5 million o Pine Ridge Road • At US 41 - $2 million Ms. Faulkner reported on the comments that were received during the public comment period of the Draft FY2014/15 — 2018/19 TIP which included: • The City of Naples o The City of Naples requested that the MPO work in conjunction with FDOT to delete the Gordon Drive sidewalk project (FPN #4331841) from the FDOT Work Program and TIP o The City of Naples was concerned with the 2014 CMS/ITS Priorities in next year's TIP and whether some of the projects could alleviate congestion cost-effectively o Participation from the City of Naples on future Bridge Priorities • FDOT o FPN# 4178784- SR 29 widening project from SR 82 to Hendry County Line has been advanced from FY2018/19 to FY2014/15 with modifications to funding Councilwoman Sulick questioned why sidewalk projects were not made subservient to true CMS/ITS projects on the CMS/ITS Priorities. Councilwoman Sulick explained that CMS/ITS funds are supposed to be utilized for allowing upgrades in technology and infrastructure. Ms. Ayer stated that the discussion regarding the approval of the CMS/ITS Priorities should be made under Item 8E (Approval of CMS/ITS Project Priorities). Commissioner Nance stated that it was important to recognize the hard work that the Committees put into the project priorities. Commissioner Nance noted that it is a difficult task to find Committee members that are familiar with the process of prioritizing the projects. Commissioner Nance encouraged all municipalities to seek out citizens in the community that would be willing to put the time and effort into the MPO process. Commissioner Fiala: Motion to approve the FY2014/15 — 2018/19 TIP. Commissioner Nance: I second the Motion. MOTION CARRIED UNANIMOUSLY Chairman Saad asked Ms. Campos for a Roll Call Vote for the Approval of the FY2014/15 — 2018/19 TIP. MPO Board Meeting Minutes June 13, 2014 1 b I 1 13 2 Page 8 Ms. Campos called the roll. Mayor Hamilton: Yes. Commissioner Henning: Absent. Commissioner Coyle: Absent. Chairman Saad: Yes. Commissioner Fiala: Yes. Commissioner Hiller: Yes. Councilman Kiester: Absent. Commissioner Nance: Yes. Councilwoman Sulick: Yes. MOTION CARRIED 6-0. 8. Regular Board Action Items (No Roll Can A. Approval of Performance Evaluation of MPO Executive Director Ms. Ayer introduced the item and expressed great appreciation for being the MPO Executive Director. Ms. Ayer expressed thanks to her staff for their hard work and dedication. Ms. Ayer thanked the MPO Board for their confidence in her and presented a PowerPoint presentation. Ms. Ayer read aloud the Overall Comments given in her Performance Evaluation which stated: • Through Ms. Ayer's effort, MPO staff plays a cooperative, yet independent role in planning of the transportation needs for the entire county. Her relationship with staff is one of mutual respect and a sense of accomplishment. • The community outreach of the MPO through the public involvement process is excellent, reflecting the priority of Ms. Ayer and her staff. The updated website gives information on the progress of the many improvement projects around the county as well as excellent public relations for the MPO. • Excellent in keeping Board member(s) apprised of issues, available for review of information and to answer any concerns that may arise. Her depth of MPO knowledge helped Collier County more actively participate in FDOT funding over the past year. Her leadership has moved the MPO forward on a strong, efficient path that will benefit Collier County for many years into the future. • Ms. Ayer continues to exhibit strong leadership and provides that MPO Board with excellent administration, great enthusiasm, professionalism and results. Exceeds standards across the board. MPO Board Meeting Minutes June 13, 2014 1 L ' 1B2 Page 9 V Ms. Ayer's performance evaluation contained six categories with the following scores: 1. Organizational Administration and Management— 2.75 • Continues to hear positive feedback from Committee members and participants. Great results due to a strong team. Delegation has encouraged involvement and broadened collaboration. 2. Operational and Productivity Improvement— 2.75 • Communication remains excellent. Public involvement has been good across our diverse county and on point with current topics of interests such as bike/ped, in addition to traditional focus. Synergy with FDOT is as good as can be remembered. Good preparation for the 2040 LRTP. Excellent. 3. Liaison Practices and Regional Cooperation — 2.75 • Our MPO staff is contributing effectively with our increasing focus on regional planning and economic development. Ms. Ayer is current and an excellent ambassador for Collier County. 4. Communications and Public Engagement— 2.75 • Ms. Ayer made our MPO agency approachable and understandable to interested citizens which is a difficult task. Her entire staff continues to excel in this area. 5. Fiscal Management— 2.81 • Ms. Ayer has excellent conservative fiscal management. We appreciate Ms. Ayer's efforts in this facet of her job, and her communication and discussion of her focus. 6. Personnel Management— 2.88 • The MPO is among the strongest staffs in our small administrative teams. Ms. Ayer's leadership has yielded big benefits. Very impressive. Overall Rating: 2.78 Ms. Ayer stated that the Executive Director's Agreement provides an opportunity to negotiate a performance based merit plan. Ms. Ayer requested a 3% merit increase for the coming year which facilitated the discussion. Councilwoman Sulick: Motion for approval of a 3% merit increase for Ms. Ayer and approve the Performance Evaluation of the MPO Executive Director. Commissioner Nance: I second the Motion. MOTION CARRIED UNANIMOUSLY B. Approval of Revised TRIP Priorities for Lee County and Collier MPOs Ms. Lantz presented the item and reported that Lee County and Collier MPO jointly updated the TRIP priorities in March. She explained that since that time, the Estero Boulevard from Crescent Street to Red Coconut RV Park reconstruction project in Lee County has been submitted for TRIP funding and is #2 behind the Logan Boulevard from Immokalee Road to Bonita Beach Road construction project. Ms. Lantz explained that the reconstruction of Estero Boulevard is part of an overall plan to rebuild the entire six-mile length along Fort Myers Beach. MPO Board Meeting Minutes June 13, 2014 1611 ,1E32 Page 10 Ms. Lantz reported that the LeeTran Beach Park & Ride Transfer Facility has been funded through Local funds and that LeeTran has signed their Joint Participation Agreement (JPA). Ms. Lantz stated that the Lee TAC and CAC endorsed the revision and the Lee MPO approved the revision to the TRIP Priorities on May 16th Chairman Saad requested clarification on the e-mail that was sent from the Lee County MPO Board Chairman. Ms. Ayer explained that the Joint Lee County/Collier MPO Board approved the Joint TRIP Priorities List in March. Ms. Ayer stated that subsequent to the Joint meeting, the Lee County MPO Board requested that Collier MPO consider the addition of a TRIP project to the Joint Lee County/Collier TRIP Priorities list. Commissioner Fiala: Motion to approve the Revised Joint TRIP Priorities for Lee County and Collier MPO. Commissioner Nance: I second the Motion. MOTION CARRIED UNANIMOUSLY C. Approval of 2014 Highway and Bridge Related Priorities Ms. Lantz introduced the item and stated that each year, the MPO Board adopts a list of highway and bridge projects for the Collier Metropolitan Planning Area. Ms. Lantz explained that the 2035 LRTP Minor Update Cost Feasible Plan, adopted by the Collier MPO on March 8, 2013 and amended on April 11, 2014, established the list of project priorities with corresponding funding sources and levels. Ms. Lantz stated that eligible highway projects for prioritization are those projects identified during the FY2016-2020 time frame and are not already in the FDOT Work Program. Ms. Lantz stated that the TAC and CAC endorsed the Highway and Bridge related project priorities as listed in the Attachments which include: 1. Attachment 1 — Strategic Intermodal System (SIS) Eligible Projects; 2. Attachment 2 — US 41 Downtown Circulation and Mobility Study and FDOT's letter responding to last year's MPO Priorities; 3. Eligible Projects from the 2035 LRTP Minor Update adopted on March 8, 2013 and Amended on April 11, 2014; and 4. Attachment 4 — LRTP Cost Feasible Plan for the Bridge Program. Ms. Lantz reported that Attachment 1 is the list of SIS Eligible Projects. She noted the projects with the star are all part of the SR 29 Project. She stated that the LRTP Amendment approved by the MPO Board on April 11th was for a portion of this project and that as the Project Development & Environmental (PD&E) Study for SR 29 from Oil Well Road to SR 82 progresses, it is vital that the Preliminary Engineering (PE) phase of this important segment be programmed in the next 5 years within the tentative Work Program to provide continuity. MPO Board Meeting Minutes June 13, 2014 1L I 1 B2 Page 11 V Ms. Lantz stated that Attachment 2 is the US 41 "Downtown" Circulation and Mobility Study for $350,000. She explained that this project was submitted for Transportation Management Area (TMA) funds originally set aside for the I-75/Everglades Boulevard Interchange. FDOT could not fund the project then but suggested that it be resubmitted this year. Ms. Lantz reported that Attachment 3 contains the eligible Highway Related Projects which the MPO anticipates will receive funding from the Other Arterial (OA) category based on Federal Surface Transportation Program and State funding. Ms. Lantz stated that Attachment 4 is the list of eligible bridge projects in the LRTP Cost Feasible Plan. She stated that the only eligible projects for funding prioritization would be those projects that are identified in the 2035 LRTP Minor Update Cost Feasible Plan that are not already programmed in the FDOT Work Program. Ms. Lantz stated that the TAC and CAC endorsed the Highway and Bridge related project priorities as listed in the Attachments which include: Commissioner Nance referenced Attachment 4, LRTP Cost Feasible Plan for the Bridge Program, and stated that the bridges listed were ranked and prioritized by Committee members that participated in the East of County Road 951 Bridge Study. Commissioner Nance explained that the bridges were prioritized and ranked based on the response time for emergency services and existing and future connectivity to the eastern part of Collier County. Councilwoman Sulick referenced Attachment 4, LRTP Cost Feasible Plan for the Bridge Program, and questioned if all TMA funding for bridges would be utilized for the bridges on the priority list. Ms. Lantz explained that the 2035 LRTP set aside 20% of the TMA funds to support the bridge program and to go towards the eligible bridge projects. Chairman Saad discussed Attachment 2, the US 41 Downtown Circulation and Mobility Study and FDOT's letter responding to last year's MPO Priorities, and stated that circulation study should be conducted on Goodlette-Frank Road from 5th Avenue South to 7th Avenue North. Chairman Saad reported that there is vacant land within the area on Central Avenue to support the maximum density of 260 additional housing units and there are additional buildings to be built in Bayfront that would have additional housing units and retail space. Chairman Saad stated that he is the Chairman of the City of Naples Community Redevelopment Agency (CRA) and he has met with many constituents and business owners that recognize that there will be an issue in the future as Collier County continues to develop. Chairman Saad explained that this study is a necessity for the City of Naples to enhance the accessibility and mobility to Downtown Naples and the vicinity. Commissioner Fiala stated that if the Gateway Triangle, Bayshore Road, Davis Boulevard and US 41 is developed as it is proposed, it would cripple the traffic to the City of Naples. Commissioner Nance: Motion to approve the 2014 Highway and Bridge Related Priorities as presented. Commissioner Fiala: I second the Motion. MPO Board Meeting Minutes June 13, 2014 161182 Page 12 MOTION CARRIED UNANIMOUSLY D. Approval of the 2014 Transit Priorities Ms. Lantz introduced the item and stated that the Collier County ATM Department had provided MPO staff their FY2014/15 Collier Area Transit Priorities which will form the basis of transit funding requests that will be made to FDOT during the development of its FY 2015/16 — 2019/20 Work Program. Ms. Lantz noted that MPO staff has reviewed the projects for consistency with the Transit Development Plan (TDP) Annual Report and the Long-Range Transportation Plan (LRTP). Commissioner Nance: Motion to approve the 2014 Transit Priorities as presented. Commissioner Fiala: I second the Motion. Ms. Scott discussed the 2014 Transit Priorities which included: 1. Enhance accessibility to bus stops to meet Americans with Disabilities Act (ADA) requirements. 2. Construction of bus shelters &amenities (bike rack, bench, trash can, etc.) 3. Required Environmental & Design Phases for future construction of a Park and Ride Facility on US 41 at the Lee County line. 4. Required Environmental & Design Phases for future construction of a Park and Ride Facility at the intersection of Collier Boulevard and Immokalee Road. 5. Extended Service Hours on existing routes - 1 additional run — 7 days a week. 6. Reduce headways to 45 minutes on routes 1B & 1C. 7. Lee/Collier Connection. Chairman Saad requested clarification for the #2 priority (Construction of bus shelters &amenities). Ms. Scott stated that ATM would be constructing bus shelters and amenities for the higher performing routes. Chairman Saad asked for a cost estimate for a single bus shelter. Ms. Scott reported that a bus shelter that contains all site improvements has a cost estimate of approximately $25,000. Chairman Saad stated that CAT needed to focus on maximizing the current system and consider working on the current system to make it more impressive. Chairman Saad asked for a status update on CAT's efforts to make the bus system more user friendly and how the system is meeting the demands of Collier County. Ms. Scott stated that CAT's efforts would be discussed during Item 9A (Presentation on 2014 Transit Development Plan (TDP) Annual Update). Ms. Scott stated that CAT is continuing to work with Google Transit for the development of an online trip planner. She noted that CAT continues to search for grant opportunities and new sources of funding. MPO Board Meeting Minutes B 2 June 13, 2014 16 11 Page 13 Councilwoman Sulick requested to review CAT's ridership during the winter months for 2013/14. Ms. Scott reported that that CAT's overall ridership has increased 13% over the last fiscal year and explained the increased ridership on each route. Commissioner Nance stated that he supported the Park and Ride proposals. Commissioner Nance explained that the location of the Park and Ride facilities are work force related infrastructure items that help riders being transported from eastern Collier County and Lee County into the urban coastal zone into high density areas of Collier County. Discussion ensued. Councilwoman Sulick stated that the transit funding should be spent reducing the trip time. Commissioner Nance questioned how many Park and Ride facilities existed in Collier County. Ms. Scott stated that FDOT operates a Commuter Services program that delineates a few of the local Park and Ride facilities; however the facilities are not well marketed so the residents are unaware of their existence. Ms. Scott noted that CAT worked with Commuter Services program to identify county owned properties that would allow the usage of parking spaces as Park and Ride facilities. Councilwoman Sulick recommended reversing priorities #3 (Required Environmental & Design Phases for future construction of a Park and Ride Facility on US 41 at the Lee County line) and #4 (Required Environmental & Design Phases for future construction of a Park and Ride Facility at the intersection of Collier Boulevard and Immokalee Road) for the reason that the Park and Ride facilities in the eastern part of Collier County would be better utilized. Commissioner Nance concurred with Councilwoman Sulick. Commissioner Fiala stated that she received correspondence from citizens in East Naples pertaining to the lack of shelters. Ms. Scott stated that CAT has set aside funding to resume the shelter re- design program to ensure that new shelters provide passengers with adequate protection from inclement weather and bicycle storage. Chairman Saad questioned if CAT had correspondence with Dr. William and Nancy Lascheid of the Neighborhood Health Clinic. Ms. Scott stated that Ms. Nancy Lascheid is a member of the Public Transit Advisory Committee. Chairman Saad stated that a transit stop is a necessity during the night time hours in the vicinity of the Neighborhood Clinic on Goodlette-Frank Road due to the influx of residents that visit their clinic. Ms. Scott reported that CAT staff has been reevaluating all of the lower performing routes to increase efficiency and to reallocate revenue hours to address various issues within the existing budget. She noted that beginning October 1, 2014, there would be additional route modifications to various routes and reallocation of existing revenue hours. Chairman Saad asked if Commissioner Nance would consider amending his Motion to accept Councilwoman Sulick's request and approve the 2014 Transit Priorities accordingly. Commissioner Nance: I amend the Motion to approve the 2014 Transit Priorities in the following order: 1. Enhance accessibility to bus stops to meet Americans with Disabilities Act (ADA) requirements. MPO Board Meeting Minutes June 13, 2014 bI �, B2 Page 14 2. Construction of bus shelters &amenities (bike rack, bench, trash can, etc.) 3. Required Environmental & Design Phases for future construction of a Park and Ride Facility at the intersection of Collier Boulevard and Immokalee Road. 4. Required Environmental & Design Phases for future construction of a Park and Ride Facility on US 41 at the Lee County line. 5. Extended Service Hours on existing routes - 1 additional run — 7 days a week. 6. Reduce headways to 45 minutes on routes 1B & 1C. 7. Lee/Collier Connection. Commissioner Fiala: I second the Motion. Commissioner Nance questioned if the cost estimates for the Park and Ride facilities include right- of-way costs. Ms. Scott stated that the cost estimate shown on the Transit Priorities is the cost estimate for the PD&E phase. She stated that there is no right-of-way cost included in the cost estimate so the project cost would be substantially higher. E. Approval of 2014 CMS/ITS Project Priorities Ms. Faulkner introduced the item and stated that Congestion Management System projects are to alleviate congestion and intended to be implemented quickly and inexpensively to avoid the addition of general purpose lanes of roadway in short term. Ms. Faulkner introduced the item and stated that Congestion Management System projects are to alleviate congestion and intended to be implemented quickly and inexpensively to avoid the addition of general purpose lanes of roadway in short term. Ms. Faulkner stated that the CMS/ITS Committee ranked the projects in the following order: 1. Install a sidewalk on US 41 from 91st Avenue North to 111th Avenue North/Immokalee Road — Collier County ATM 2. Traffic Count Stations for Collier County arterials and feeders — Collier County Traffic Operations. 3. Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard — Collier County ATM 4. Signal Timing Optimization on County Arterial US 41 — Collier County Traffic Operations. 5. Intersection Traffic Control Improvements — City of Naples 6. Mast Arm Support and Fiber Link— City of Naples 7. Upgrade 29 of the 57 bus stops with identified ADA amenities needs — Collier County ATM 8. Advanced Traffic Monitoring Devices Real Time Assessments — Collier County Traffic Operations 9. Vanderbilt Beach Road Roadway Improvements — Collier County Traffic Operations 10. Install and construct 10 bus shelters with bike racks, benches and waste containers — Collier County ATM 11. Adaptive Roadway Lighting Upgrade with 400-watt High Pressure Sodium Luminaries to LED with integrated Wireless Control — Collier County Traffic Operations 12. Intersection Pre-emption Program — City of Naples 13.Traffic Operation Center Improvements and Agency Connectivity — City of Naples 14. Cameras and Video Software Replacement Program — City of Naples MPO Board Meeting Minutes 1 b l 1 2 June 13, 2014 Page 15 Commissioner Fiala requested clarification on priority #12 (Intersection Pre-emption Program). Ms. Faulkner stated that the City of Naples proposes to equip intersections for pre-emption capabilities. She stated that pre-emption devices would improve safety for motorists and emergency vehicles to transport patients to the City's downtown hospital campus. Ms. Campos announced that the first registered speaker was Mr. Gregg Strakaluse, Director of Streets and Stormwater Department, City of Naples. Mr. Strakaluse thanked Ms. Ayer and MPO staff for developing and implementing the Draft FY2014/15 — 2018/19 TIP. He also thanked the citizens that served on the Committees that ranked and prioritized projects that go into the Draft FY2014/15 — 2018/19 TIP. Mr. Strakaluse stated that Mr. George Archibald is a member of the TAC, CMS/ITS and PAC and has participated consistently on these Committees. He noted that Mr. Archibald has voiced his concerns over the prioritization on the CMS/ITS project rankings. Mr. Strakaluse stated that the City of Naples submitted comments on the FY2014/15 — 2018/19 TIP during the public comment portion of the TIP and thanked Ms. Ayer for responding back to his letter. Mr. Strakaluse explained the Executive Summary in the MPO Board Agenda states that the purpose of Congestion Management System (CMS) projects are to alleviate congestion and are also intended to be implemented quickly and inexpensively to avoid the addition of general purpose lanes of roadway in the short term. He reported that the purposes of ITS projects are to improve the safety, efficiency, dependability and cost effectiveness of our transportation system with technology. Mr. Strakaluse reported that priority #9 (Vanderbilt Beach Road Roadway Improvements) would convert Vanderbilt Beach Road from four to six lanes within the project limits. Mr. Strakaluse discussed his concerns over the 2014 CMS/ITS Project Priority lists and stated that approximately 62% of the funding that is being requested, $7 million, are for non-traditional CMS/ITS projects. Mr. Strakaluse stated that in 2001, FDOT partnered with Collier County and the City of Naples to create an Intelligent Transportation System (ITS) that would reduce congestion and delay on the roads, as well as reduce fuel consumption and auto emissions. He reported that the partnership resulted in the construction of two Traffic Operations Centers, the conversion of traffic signal supports to mast arms, and the installation of fiber optic communication lines along with extensive signal electronics and software. Mr. Strakaluse stated that within the City of Naples, that investment exceeded over $30 million. Mr. Strakaluse stated that since 2001, the hardware and software has changed considerably, yet the City of Naples components remain essentially the same. He noted that in the past 10 years, the TIP has allocated over $9 million to the County-managed ITS system, allowing upgrades in technology and infrastructure. Mr. Strakaluse explained that the City of Naples receives approximately $30,000 annually to maintain its ITS system. Mr. Strakaluse reported that $30,000 has allowed the City of Naples to pay the power bill, replace traffic lights and make minor repairs to existing electronics. Mr. Strakaluse stated that ITS applications for traffic signals, including communication systems, adaptive control systems, traffic responsive, real-time data collection and analysis and maintenance management systems enable signal control systems to operate with greater efficiency. He stated MPO Board Meeting Minutes June 13, 2014 L Page 166 V 1 B2 that updated traffic signal control equipment could be utilized in conjunction with signal timing optimization to reduce congestion. Mr. Strakaluse stated that coordinated signal systems could improve operational efficiency and adaptive signal systems improve the responsiveness of signal timing in rapidly changing traffic conditions. He explained that the payback in terms of capacity is significant and is the one investment that should be made to Collier County to be able to make a difference. Mr. Strakaluse referenced the Proposed 2014 CMS/ITS TIP Ranking in Accordance with Cost Benefit and Program Qualifications, and stated that projects such as Signal Timing Optimization ranks as one of the most cost-effective urban transportation improvement actions increasing mobility, reducing fuel consumption and improving environmental quality. Mr. Strakaluse recommended that the Board review the quantified benefit of each project and utilize that in terms of setting the priorities. Councilwoman Sulick requested that Mr. Strakaluse provide the Board an overview on how the City of Naples would prioritize the CMS/ITS Project Priorities. Mr. Strakaluse stated that he would revise the priorities in the following order: 1. Traffic Count Stations for Collier County arterials and feeders — Collier County Traffic Operations. 2. Intersection Traffic Control Improvements — City of Naples 3. Mast Arm Support and Fiber Link— City of Naples 4. Advance Traffic Monitoring Devices Real Time Assessments — Collier County Traffic Operations. 5. Cameras and Video Software Replacement Program — City of Naples 6. Intersection Pre-emption Program — City of Naples 7. Traffic Operation Center Improvements and Agency Connectivity— City of Naples 8. Signal Timing Optimization on County Arterial US 41 — Collier County Traffic Operations. 9. Install a sidewalk on US 41 from 91st Avenue North to 111th Avenue North/Immokalee Road — Collier County ATM 10. Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard — Collier County ATM 11. Upgrade 29 of the 57 bus stops with identified ADA amenities needs — Collier County ATM 12. Install and construct 10 bus shelters with bike racks, benches and waste containers — Collier County ATM 13. Vanderbilt Beach Road Roadway Improvements — Collier County Traffic Operations 14.Adaptive Roadway Lighting Upgrade with 400-watt High Pressure Sodium Luminaries to LED with integrated Wireless Control — Collier County Traffic Operations Mr. Strakaluse explained that the City of Naples adjusted the CMS/ITS Project Priority list by placing the traditional CMS/ITS projects at the top of the priority list in terms of cost benefit, fuel savings, reduced delay and emissions and reduction. Ms. Campos announced that the second registered speaker was Ms. Michelle Arnold, Director of Collier County ATM Department. Ms. Arnold stated that the CMS/ITS Committee spent a great amount of time reviewing and analyzing the prioritized projects. She stated that she supports the transit projects and pathways projects that were submitted and the priorities meet the criterion set forth by the current Congestion Management Process (CMP). She stated that ITS techniques and MPO Board Meeting Minutes 'June 13, 2014 1 132 Page 171. 6 methods are for relieving congestion, improving road and transit safety. Ms. Arnold reported that Priority #1 (Install a sidewalk on US 41 from 91St Avenue North to 111th Avenue North/Immokalee Road) and Priority #3 (Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard) would provide a safe pathway for transit passengers and furthers the multimodal network that ATM is attempting to develop within the community. Councilwoman Sulick stated that the PAC concentrates their efforts on making priority recommendations and programming implementations. Councilwoman Sulick questioned why ATM did not approach the PAC to assist with funding for their sidewalk projects. Ms. Arnold stated that the sidewalk projects would enhance congestion management. She explained that the projects met the criteria for CMS funding. Councilwoman Sulick referenced Priority #11 (Install and construct 10 bus shelters with bike racks, benches and waste containers), and questioned how installing and constructing bus shelters would enhance congestion management. Councilwoman Sulick stated that the construction of bus shelters was approved in the 2014 Transit Priorities. Ms. Arnold stated that Priority #11 would increase safety and reduce injury and fatalities. Councilwoman Sulick stated that the portion of the TMA funding that the CMS/ITS Committee is allotted should be utilized on signal technologies and traffic control systems, not on bus shelters. Ms. Arnold explained that ATM has provided and implemented technology at the bus shelters for the passengers. Councilwoman Sulick explained that part of the issue may be the structure of the CMS/ITS Committee. She noted that the City of Naples currently has one representative on the Committee therefore the City of Naples projects plummet to the bottom of the priority list. Councilwoman Sulick reported that in her opinion, the CMS/ITS Project Priorities are not ranked in arranged in the correct order. Ms. Faulkner referenced the CMP 2008 Update, and stated that the current CMS/ITS Mission is to: • Reduce congestion on our transportation network by using methods other than adding highway lane miles such as: adjusting traffic signal timing, improving intersections (adding/lengthening turn lanes, etc.), modifying medians and investing in transit and pathways for bicyclists and pedestrians. Councilwoman Sulick stated that she is concerned for the reason that a large amount of funding has been allocated to projects that are not true ITS projects. She reported that a portion of the funding should be allocated towards technological advancements for the City of Naples. Mr. Casalanguida stated that it is difficult to come here at the last minute to request that the MPO Board rearrange the priorities when these projects have been approved and ranked by Committee members. Mr. Casalanguida recommended that the Board request the MPO Executive Director to work with the CMS/ITS Committee if the Board would like to reprioritize the projects. Mr. Casalanguida suggested that Collier County Traffic Operations Center and the City of Naples Traffic Management Center should integrate their operations into the Collier County Traffic Operations Center and share technology and upgrades to the system. Mr. Casalanguida stated that a significant amount of money would be saved by combining the Traffic Operations Centers. MPO Board Meeting Minutes / June 13, 2014 0 Page 18 32 11 Chairman Saad stated that he would talk with the City of Naples Council regarding the combination of the Traffic Operations Centers. Chairman Saad referenced the Proposed 2014 CMS/ITS TIP Ranking in Accordance with Cost Benefit and Program Qualifications proposed by the City of Naples, the Suggested Revised Ranking, and questioned the reasoning for prioritizing the Traffic Count Stations for Collier County arterials and feeders as priority #1. Mr. Strakaluse stated that the Traffic Count Stations for Collier County arterials and feeders was ranked as Priority #2 by the CMS/ITS Committee and City of Naples staff did not want to push it further down on the list. He explained that City of Naples staff wanted to approach the CMS/ITS Committee with the perspective of the quantified cost savings of each project and preserving the investment that the City of Naples and FDOT made into the system. Chairman Saad questioned if Mr. Strakaluse was familiar with Collier County's Traffic Operation Center technology and if it was relative to the City of Naples Traffic Management Centers technology. Mr. Strakaluse stated that he is familiar with Collier County's Traffic Operations Center technology. Chairman Saad questioned if it would be beneficial for Mr. Strakaluse and his staff to combine into a joint Traffic Operations Center or if it would be more valuable to allocate funding to upgrade the City of Naples Traffic Management Center. Mr. Strakaluse stated that he would like to consider the pros and cons of both situations. Chairman Saad stated that Priority #12 (Intersection Pre-emption Program) should be ranked higher on the priority list for the reason that pre-emption would improve safety for motorists and emergency vehicles. Mr. Strakaluse concurred and stated that the Intersection Pre-emption Program was absolutely critical for the City of Naples however; it could not be implemented without having other various technological upgrades first. Discussion ensued. Ms. Ayer stated that approximately out of the $10 million of projects, only $2 million would be funded for CMS/ITS projects. Chairman Saad stated that he could not support the list as originally proposed due to approving the 2014 Transit Priorities with bus shelters being approved for $500,000. Ms. Faulkner explained that Priority #1 (Install a sidewalk on US 41 from 91"Avenue North to 111th Avenue North/Immokalee Road) and Priority #3 (Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard) were project re-submittals from 2013 and were only funded for the design phase, not the construction phase. Ms. Faulkner stated that a reason for these projects being resubmitted in 2014 is for the additional funding to complete the construction phase of the projects. Chairman Saad questioned why ATM did not seek Pathways funding for the sidewalks on US 41 if they are so significant and are already through the design phase. Chairman Saad questioned why ATM requested CMS/ITS funding for sidewalks when CMS/ITS funding is intended to be utilized for implementing technological advances for traffic operations. Ms. Scott stated that MPO Board approved the 2013 CMS/ITS Project Priorities with the sidewalk project on US 41 from 91' Avenue North to 111th Avenue North/Immokalee Road and the sidewalk project on the east side of US 41 MPO Board Meeting Minutes June 13, 2014 16 I 1 (/„ Page 19 from Pine Ridge Road to south of Pelican Bay Boulevard. She noted that the Design phase was funded for both sidewalk projects in the FDOT FY2014/15 — 2018/19 Work Program. Councilwoman Sulick asked if Priority #1 (Install a sidewalk on US 41 from 91St Avenue North to 111th Avenue North/Immokalee Road) and Priority #3 (Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard) took precedence because the Design phase was already funded. Ms. Scott stated that the CMS/ITS Committee members ranked the projects individually and subsequent to the Committee members ranking, MPO staff compiled the rankings and announces the priorities in order. Commissioner Fiala stated that the question asked by the Chairman regarding why ATM requested CMS/ITS funding for sidewalk projects instead of Pathways funding was not answered by ATM staff. Ms. Scott reported that the PAC primarily makes priority recommendations for local and collector roadways. Ms. Scott stated that the PAC generally does not focus on constructing sidewalks on major arterials and US 41 is a major arterial roadway which is why ATM elected to request funding through the CMS/ITS. Discussion ensued. Ms. Ayer explained that CMS/ITS projects receive 40% of TMA funding, Pathways projects receive 40% and Support of the Bridge Program receives 20%. Commissioner Nance questioned if urban sidewalks, such as the sidewalks submitted by ATM on the CMS/ITS Project Priorities, would qualify for the TMA funding. Ms. Ayer explained that the sidewalk projects submitted by ATM could be considered for both Pathways funding and CMS/ITS project funding. Chairman Saad referenced Priority #3 (Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard) and stated that the sidewalk should not be constructed on US 41. He explained that the sidewalk should be constructed on Trail Boulevard, which is not heavily utilized by traffic. Chairman Saad reported that the Intersection Pre-emption Program would take precedence to improve signal response times for emergency responders, reduce associated emergency vehicle noise and safer transition for emergency vehicles. Commissioner Nance stated that he concurred with the Chairman because there are various projects listed on the CMS/ITS Project Priorities that are counterintuitive to the importance of true CMS/ITS projects, however; by reprioritizing the projects it would be disregarding the process that the Committee went through over the past year. Chairman Saad explained that the MPO Board receives recommendations from the Committees and the Board makes the final decision on the rankings of the project priorities. Chairman Saad stated that in respect to the CMS/ITS Committee process, the Board received their recommendations however; the MPO Board determines the rankings of the project priorities. Mr. Casalanguida stated that the MPO Board does not receive all the information regarding each project that is distributed to the Committee members. Mr. Casalanguida reported that each year, he reviews the percentage received and the percentage allocated to each project to be impartial to each jurisdiction. He explained that the Board should direct the MPO Executive Director to address the Committee on what can be considered an eligible CMS/ITS project. MPO Board Meeting Minutes 1 June 13, 2014 16 I A B2 Page 20 Chairman Saad referenced the CMS/ITS Committee Recommended Ranking and questioned why ATM was requesting funding from CMS/ITS on the following projects: • Priority #7 - Upgrade 29 of the 57 bus stops with identified ADA amenities needs - $377,000 • Priority #10 - 10 bus shelters with bike racks, benches and waste containers - $300,000 Chairman Saad stated that the Board approved the 2014 Transit Priorities that included the following projects: • Priority #1 - Enhance accessibility to bus stops to meet ADA requirements - $500,000 • Priority #2 - Construction of bus shelters and amenities - $500,000 Chairman Saad stated that the Board should be more strategic in the way that the funding is allocated towards projects. Ms. Arnold explained that the Transit Priorities are projects with no specific funding allocation assigned to them and are unfunded projects priorities. She reported that ATM continues to pursue grant opportunities and new sources of funding for the transit priorities for the reason that there are no specific grants identified. Ms. Arnold explained that ATM would have to apply for the particular grants and CMS/ITS happens to be a grant source that ATM applied for. Ms. Scott stated that ATM competes for discretionary dollars for the transit priorities and there is no funding identified for those particular projects. Chairman Saad requested clarification on the 40% of TMA funding that is allocated for CMS/ITS projects. Ms. Lex stated that the 2035 LRTP indicated that the portion of the TMA allocation of the CMS/ITS program is at 40%. Ms. Lex noted that when FDOT receives the MPO project priorities, FDOT evaluates the projects for constructability issues and attempts to maximize the usage of the funding. Councilwoman Sulick questioned if FDOT analyzed the project priorities regardless of the ranking in accordance of cost benefit analysis and how well the projects met certain criteria. Ms. Lex reported that FDOT does not evaluate the criteria. Ms. Lex explained that FDOT reviews to ensure that the project is constructible. Commissioner Nance questioned if there would be approximately $2 million to fund the CMS/ITS Project Priorities. Ms. Ayer stated that yes, that would be correct. Commissioner Nance questioned what project the City of Naples would like to take precedence on the CMS/ITS Project Priority list. Chairman Saad stated that the City of Naples would request to reprioritize Project #3 (Intersection Traffic Control Improvements). Chairman Saad requested that Mr. Strakaluse provide clarification on the Intersection Traffic Control Improvements. Mr. Strakaluse stated that the Intersection Traffic Control Improvement project would consist of replacing the existing traffic control cabinets located at each intersection with new cabinets that contain upgraded hardware. He explained that this project would also include the purchase of necessary traffic control software to be utilized at the City of Naples Traffic Operations Center for signal timing coordination. Mr. Strakaluse reported that each cabinet would come pre-wired with vital electronic hardware used to control traffic and pedestrian signal timing, process pre-emption signals from emergency responders, receive video feed and sense traffic MPO Board Meeting Minutes f June 13, 2014 6 8 2 Page 21 volumes. Mr. Strakaluse stated that after the Intersection Traffic Control Improvements are established, the Intersection Pre-emption Program could be implemented in the future. Chairman Saad requested that Mr. Strakaluse provide clarification on the Mast Arm Support and Fiber Link. Mr. Strakaluse stated that of the 45 signalized intersections the City of Naples operates, four are still supported with concrete poles and span wires. Mr. Strakaluse noted that the City of Naples is proposing to replace existing span wire intersections with mast arms to reduce the chance of losing signal operation after a severe storm, such as a hurricane, which would also bring the City of Naples up to date with the current FDOT standards. Chairman Saad questioned why Mr. Strakaluse ranked the Advanced Traffic Monitoring Devices Real Time Assessments as priority #4. Mr. Strakaluse stated that the CMS/ITS Committee ranked the Advanced Traffic Monitoring Devices Real Time Assessments as Priority #8; he was of the opinion that it was a true CMS/ITS project that would be cost beneficial. Chairman Saad stated that he recognizes the importance of Priority #1 (Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard), however; the City of Naples is making an effort to upgrade the technology through the funding source that was designed for technological improvements to enhance safety and emergency service personnel. Mayor Hamilton requested that Mr. Casalanguida explicate a resolution to the issue. Mr. Casalanguida recommended that a fair-share allocation split, which could be used to determine fair- share of costs are being met proportionally and that way the Board would feel contented that competing demands are being met proportionally. Councilwoman Sulick questioned if a more accurate interpretation of the ITS definition. Mr. Casalanguida stated that from a policy perspective, an accurate interpretation of ITS would be beneficial and he would like to see more projects on the ITS list regarding traffic technology and safety. Based on the Suggested Revised Rankings provided by the City of Naples, Chairman Saad recommended reprioritizing the projects in the following order: 1. Traffic Count Stations for Collier County arterials and feeders — Collier County Traffic Operations. 2. Intersection Traffic Control Improvements — City of Naples 3. Cameras and Video Software Replacement Program — City of Naples 4. Mast Arm Support and Fiber Link— City of Naples 5. Advanced Traffic Monitoring Devices Real Time Assessments — Collier County Traffic Operations 6. Intersection Pre-emption Program — City of Naples 7. Traffic Operations Center Improvements and Agency Connectivity — City of Naples 8. Signal Timing Optimization on County Arterial US 41 — Collier County Traffic Operations 9. Install a sidewalk on US 41 from 91st Avenue North to 111th Avenue North/Immokalee Road — Collier County ATM 10. Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard — Collier County ATM 11. Upgrade 29 of the 57 bus stops with identified ADA amenities needs — Collier County ATM MPO Board Meeting Minutes 1 June 13,,2014 Page 22 � 6 I 1 : B2 12. Install and construct 10 bus shelters with bike racks, benches and waste containers — Collier •••••• County ATM 13. Vanderbilt Beach Road Roadway Improvements — Collier County Traffic Operations 14. Adaptive Roadway Lighting Upgrade with 400-watt High Pressure Sodium Luminaries to LED with integrated Wireless Control — Collier County Traffic Operations Ms. Ayer referenced the CMS/ITS Committee Recommended Ranking and stated that based on her opinion, the Vanderbilt Beach Road Roadway Improvements was not described accurately. Ms. Ayer reported that the project should be described as an intersection improvement and that the project should be ranked higher based on capacity issues. Mr. Casalanguida referenced the Suggested Revised Rankings provided by the City of Naples, and reported that $2.5 million would be allocated towards City of Naples projects and approximately $600,000 allocated towards Collier County projects for the first five project priorities. Mr. Casalanguida recommended switching Priority #3 (Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard) and Priority #5 (Intersection Traffic Control Improvements). Commissioner Fiala: Motion to approve the CMS/ITS Project Priorities as presented with modifications in the following order: 1. Install a sidewalk on US 41 from 91st Avenue North to 111th Avenue North/Immokalee Road — Collier County ATM Department 2. Traffic Count Stations for Collier County arterials and feeders — Collier County Traffic Operations 3. Intersection Traffic Control Improvements—City of Naples 4. Signal Timing Optimization on County Arterial US 41 — Collier County Traffic Operations 5. Install a sidewalk on the east side of US 41 from Pine Ridge Road to south of Pelican Bay Boulevard — Collier County ATM Department 6. Mast Arm Support and Fiber Link— City of Naples 7. Upgrade 29 of the 57 bus stops with identified ADA amenities needs — Collier County ATM Department 8. Advance Traffic Monitoring Devices Real Time Assessments — Collier County Traffic Operations 9. Vanderbilt Beach Road Roadway Improvements — Collier County Traffic Operations 10. 10 bus shelters with bike racks, benches and waste containers — Collier County ATM Department 11. Adaptive Roadway Lighting Upgrade from 400-watt High pressure sodium Luminaries with integrated wireless control — Collier County Traffic Operations 12. Intersection Pre-emption Program — City of Naples 13.Traffic Operation Center Improvements and Agency Connectivity— City of Naples 14. Cameras and Video Replacement Program — City of Naples Councilwoman Sulick: I second the Motion. MPO Board Meeting Minutes June 13, 2014E3 1 6Page 23 Mr. Casalanguida suggested that MPO staff analyze the CMS/ITS Project Priorities from 5 years back and 5 years into the TIP and look for fair allocation of funding. Chairman Saad requested a Roll-Call Vote to approve the 2014 CMS/ITS Project Priorities. Ms. Campos called the roll. Mayor Hamilton: No. Commissioner Henning: Absent. Commissioner Coyle: Absent. Chairman Saad: Yes. Commissioner Fiala: Yes. Commissioner Hiller: Absent. Councilman Kiester: Absent. Commissioner Nance: No. Councilwoman Sulick: Yes. MOTION CARRIED 3-2. Mayor Hamilton and Commissioner Nance dissented. F. Approval of the 2014 Pathways Priorities Ms. Faulkner presented an overview of the 2014 Pathway Priorities noting that the purpose of the priorities is to construct new or to improve existing pathway facilities to encourage pedestrian and bicycle transportation. She explained that the priorities were sponsored by the jurisdictions and agencies that had submitted the required FDOT project application, and were evaluated and ranked by the PAC. Ms. Faulkner reported that the approved priorities will be submitted to FDOT for funding consideration and that projects not funded in FDOT's Draft Work Program would be eligible for funding in the next cycle. Commissioner Nance: Motion to approve the 2014 Pathways Priorities as presented. Councilwoman Sulick: I second the Motion. MOTION CARRIED UNANIMOUSLY G. Approval of 2040 Long Range Transportation Plan (LRTP) Phase II Scope of Services MPO Board Meeting Minutes June 13, 2014 16 I 1 G Page 24 Ms. Ayer presented the item and reported that the MPO has been working diligently on updating the 2040 LRTP with guidance from the Visioning Workshop held in February. She explained that the results of the LRTP process are intended to serve the overall mobility needs of the area, while also being cost-effective and consistent with national, state and local goals and objectives. Ms. Ayer stated that this scope would engage the consultant team for Phase 11, covering the services needed during the period of July 1, 2014 through June 30, 2015. Ms. Ayer introduced Mr. Jeff Perry with Stantec Consulting who presented a brief PowerPoint presentation regarding the project schedule of the 2040 LRTP Update. Mr. Perry discussed the Phases of the 2040 LRTP Update which includes: • Phase 1 (April — September 2014 o Goals & Objectives — The Goals and Objectives could be revised based on MPO Board direction and any recommended changes made by the MPO Board and would be incorporated into the final adopted Goals and Objectives. o Project Selection Criteria — The Project Selection Criteria could be revised based on MPO Board direction. o 2040 Land Use Forecast - The analysis will eventually identify a range of appropriate multimodal improvements and modifications for each corridor based on existing and anticipated conditions, using the guidelines and strategies identified for that corridor type, including roadway design, roadway management and operations, pedestrian and bicycle treatments, transit operations, freight operations, and adjacent land use/urban design, etc. • Phase II (July 2014 —June 2015) o System Wide Needs Assessment — Identify the appropriate level of needed improvements and modifications based on future conditions, the guidance provided in the Goals, Objectives and Project Selection and Prioritization Criteria o Finance Plan —The Finance Plan would include project of all revenues that could reasonably be anticipated from all federal, State and local sources. o Cost Feasible Plan Projects — Identify recommended transportation projects from the Needs Assessment into a recommended set of cost feasible candidate transportation project and strategies. • Phase III (July 2015— October 2015) o Plan Documentation — Document plan development, purpose, content and recommendations including how each cost feasible project could be funded and implemented. o Public Comment o Plan Adoption - Following the MPO Board's endorsement of the Draft Cost Feasible Plan will prepare a final recommended list of Cost Feasible 2040 LRTP projects based on input from the public, the advisory committees, and the MPO Board. Commissioner Nance: Motion to approve the LRTP Phase II Scopes of Services. Mayor Hamilton: I second the Motion. MOTION CARRIED UNANIMOUSLY H. Approval of CAT's Transit Development Plan (TDP) Scope of Service MPO Board Meeting Minutes 16 I 1 132 June 13, 2014 Page 25 Ms. Ayer presented the item and stated that in order for CAT to receive the State Block Grant Funds for transit system operations, each transit agency must develop a TDP Major Update every five years and an annual update/progress report for all other years. She reported that the deadline to submit the TDP Major Update to FDOT for approval is September 1, 2015. Ms. Ayer reported that Tindale Oliver & Associates (TOA) prepared a scope of service for this TDP Major Update which will result in a strategic transit plan for the community and ensure compliance with the current TDP Rules. Ms. Ayer introduced Mr. Richard Dreyer, consultant with TOA, who gave a brief PowerPoint presentation on the Development Process of the TDP. Mr. Dreyer stated that the Purpose of the TDP is: • A 10-year vision for transit; • A Plan that identifies funded and unfunded needs; • A collaborative process between the MPO, Collier County and the residents of Collier County and the passengers; • Assists CAT, Collier MPO and FDOT to set transit service/capital priorities; and • A plan that is updated every five years as a Major Update. Commissioner Nance: Motion to approve CAT's TDP Scope of Service. Commissioner Fiala: I second the Motion. MOTION CARRIED UNANIMOUSLY 9. Presentations (May Require Board Action') A. Presentation on the TDP Annual Update Ms. Scott introduced the item and presented a PowerPoint presentation regarding CAT's TDP 2014 Annual Progress Report. Ms. Scott reported that TDP's are required for grant program recipients. Ms. Scott stated that the Collier County TDP Annual Progress Report is a ten-year planning document that recommends implementation strategies to achieve goals and objectives. She explained that the document also evaluates where there were discrepancies in the implementations that differ with the TDP Major Update. Ms. Scott provided a brief summary on CAT's Service Overview and stated that CAT is managed by Collier County and operated by Keolis Transit America Inc. She reported that CAT currently has ten routes that run service from 6 a.m. to 7:30 p.m., Monday through Saturday, with limited Sunday service. Ms. Scott noted that most routes run on 90-minute headways. Ms. Scott stated that CAT's overall ridership has increased 13% over the last fiscal year and explained the increased ridership on each route. She also discussed the Route Improvements and stated the overall ridership on Route 1A, Route 16 and Route 1C that run predominantly on US 41 to Creekside Boulevard and then connect to the Lee in Collier (LinC) had increased approximately 17.32% over the last fiscal year. MPO Board Meeting Minutes ^ June 13,26 2014 i L 1 B 2 Page 26 0 Councilwoman Sulick asked what the current headways were for Routes 1A, 1B and 1C. Ms. Scott stated that currently, Route 1A, 1B and 1C were running at 90-minute headways. Ms. Scott stated that Route 2A and 2B has experienced an 8.4% increase in ridership over the last year and has remained consistent over the past five years. Chairman Saad questioned how many buses were servicing Routes 1A, 1B and 1C. Ms. Scott stated that one bus services each route. Chairman Saad questioned how full the buses were on Routes 1A, 1B and 1C. Ms. Scott stated that Routes 1A, 1B and 1C are running in excess of 18 passengers per revenue hour. Ms. Scott reported that Route 5 which currently services Immokalee has increased over 30% over the last fiscal year. Chairman Saad questioned if CAT staff had the ridership data from 2004 — 2005. Ms. Scott stated that CAT staff does have the data from 2004 — 2005. Chairman Saad requested that the ridership data from 2004 — 2005 be transmitted to him via email. Ms. Scott reported that Route 10, which services the Golden Gate Parkway and Goodlette-Frank Road corridors, has experienced a 31.03% increase in ridership. She explained that Route 10 began in 2010/2011, so there is no data available prior to those years. Ms. Scott reported that CAT currently has two passenger transfer stations and six passenger transfer points. She stated that the two passenger transfer stations are located at the Collier County Government Center and the Radio Road Operations Facility. Ms. Scott noted that grants were awarded for the design and construction of a permanent multimodal passenger transfer station at the Government Center, which was completed in 2013, and for the design and construction of a secondary transfer station at the Radio Road Operations Facility. Ms. Scott reported on the Accomplishments in FY13 which included: • In November 2012, all of the fixed-route buses were outfitted with electronic fareboxes. • Collier County received a new 35-foot bus that was leased to Lee County as a contribution for the LinC Regional Bus Route. • Seven Courthouse style bus shelters were installed within Collier County, three in the Immokalee area. • On July 7, 2013, the new Intermodal Transfer Station was open to the public. • On February 26, 2013, the Board of County Commissioners created the first Public Transit Ad Hoc Advisory Committee to serve as advisors for improvements for the transit system. • CAT completed its first COA to evaluate existing fixed-route services and identify short term recommendations for maximizing route efficiencies and service in Collier County. The COA was adopted on July 7, 2013. Ms. Scott stated that seven Goals and Objectives were identified in the 2010 Major TDP for completion over a ten-year planning period. She noted that the goals and objectives reflect the strategic focus of the TDP and are purposely designed to address the broad concepts of transit system operation that were identified during the goal updating process. She noted that these goals will help provide the framework from which CAT will continue to grow and develop. MPO Board Meeting Minutes 1611 B2 June 13, 2014 Page 27 Ms. Scott discussed CAT's upcoming endeavors: • Evaluate routes for inefficiencies; • To complete ADA Bus Shelter Assessment; • Re-evaluate existing bus shelter design; • Preserve the existing transit infrastructure; • Continue searching for grant opportunities and new sources of funding; • Develop a bus stop inventory and improvement plan. Ms. Scott discussed CAT's upcoming Operating Improvements which included: • Operating improvements to be implemented within the TDP horizon o Improve frequency to Route 1 (estimated to begin in 2016) o Improve frequency to Route 10, Route 2 and Route 8 (estimated to begin in 2021) Ms. Scott reported that CAT's Financial Plan varies greatly from the 2010 adopted TDP and during the preparation of the 2035 LRTP, FDOT released state and federal revenue estimates for the 20- year period. Ms. Scott stated that budget shortfalls have been identified pertaining to the public transportation costs and revenue between FY2015 and FY2024. Ms. Scott stated that it is not unusual for planning level documents such as the TDP to include projects for which funding has not yet been identified. Ms. Scott explained that CAT would be pursuing alternative funding sources to address future funding deficits in order to ensure the continued fiscal health of the transit system and that the recommendations of the TDP can be achieved. Ms. Scott reported on Efficiency projects for Paratransit which includes: • ATM/CAT developed and implemented a No-Show Policy; • ATM/CAT developed and implemented a No-Pay Policy; • ATM/CAT is going to implement zones for grouping trips; • To review the fleet needs of Paratransit; and • Develop a Travel Training Program which will benefit people of all ages with a range of needs and abilities who need extra help on how to learn to use the transit system. Ms. Scott discussed the Efficiency projects for the Fixed-Route system which includes: • On June 1, 2014, CAT began implementing the recommendations of the COA. The first initiative was changing the route names and numbers, update route time points and modify new Route 20 (existing route 6) to add service to Clam Pass Beach. • Phase II of ITS which includes web-based trip planning and automatic interactive response telephone system. • There are additional route modifications that are to be implemented on October 1, 2014. • The CAT Bus Schedule was recently re-designed into individual route maps. • The buses recently went through a bus-wrap re-design. • The Fleet Needs are currently being reviewed to put smaller vehicles on certain routes. • CAT is working with FDOT to obtain technical assistance to perform a Cost Benefit Analysis. MPO Board Meeting Minutes June 13, 20146 I B2 Page 28 Ms. Scott discussed the route modifications that were implemented on June 1, 2014. She stated that in an effort to efficiently utilize revenue hours, this route will become a peak service route. The route, as it currently runs, carries approximately 2% of the overall system ridership. Staff analyzed the passenger boarding and alighting patterns to determine the peak runs. The remaining revenue hours will be applied to the new Route 26 which will start at Parkway Plaza (Kmart shopping plaza) on Coronado Parkway, go west on Coronado Parkway to Santa Barbara Boulevard, north on Santa Barbara Boulevard to Pine Ridge Road, and west on Pine Ridge Road to Goodlette-Frank Road connecting with Route 10 at the Sweet Bay Plaza; then continue to Clam Pass via Pine Ridge Road/Seagate Drive. This route will travel back in the reverse order with the exception that it will not go to Napa Blvd on the return trip. The frequency will continue to be ninety minutes. Ms. Scott requested that the MPO Board endorse the TDP to ensure consistency with the LRTP. Commissioner Nance: Motion to endorse the TDP to ensure consistency with the LRTP. Councilwoman Sulick: I second the Motion. MOTION CARRIED UNANIMOUSLY B. Presentation of Draft Intergovernmental Coordination and Review — Public Transportation Coordination Joint Participation Agreement (ICAR) and Amended and Restated Interlocal Agreement for Creation of the Collier MPO (Interlocal) Documents Ms. Lantz presented the item and reported that the ICAR is an agreement between the MPO, the Southwest Florida Regional Planning Council, the City of Naples Airport Authority, the Collier County Airport Authority and CAT (both operated under the Board of County Commissioners). Ms. Lantz explained the agreement was entered into in 2006 and is now being updated. The ICAR establishes that the parties would cooperatively coordinate their efforts related to the transportation planning process and assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development. She noted that as a method to achieve this, the parties are provided membership on the MPO's Technical Advisory Committee (TAC). Ms. Lantz explained that the Amended and Restated Interlocal Agreement for Creation of the Collier MPO is an agreement between the Florida Department of Transportation (FDOT), Collier County, the City of Marco Island, the City of Naples and Everglades City. Ms. Lantz reported that the agreement was originally entered into in June 1999 and has been amended and restated as recently as 2005. She explained that the Interlocal Agreement creates the Collier MPO, its responsibilities and reaffirms the membership of the MPO Board. Chairman Saad questioned if MPO staff required a Motion from the Board to approve the ICAR and Amended and Restated Interlocal Agreement. Ms. Ayer stated that the MPO Board would approve the agreements subsequent to MPO staff acquiring all the signatures from the various jurisdictions. 10. Reports A. FDOT Update MPO Board Meeting Minutes w June 13, 2014 1 6 I 18 'G, Page 29 Ms. Lex, FDOT District One Community Liaison, reported that FDOT received an inquiry from Ms. Marlene Sherman, which was copied to Governor Rick Scott and the County Commissioners, regarding the progress of projects on Davis Boulevard from Santa Barbara Boulevard to County Barn Road. She explained that FDOT responded to Ms. Sherman and reported that Davis Boulevard from Santa Barbara Boulevard to County Barn Road remains funded in the FDOT 5-Year Work Program and the project would include adding curb and gutter to the median and outside of the road, resurfacing the roadway and adding lighting, sidewalk and bicycle lanes on both sides of the road. Ms. Lex noted that construction crews would also install a new traffic signal at the County Barn Road intersection and add pedestrian crosswalks. Ms. Lex explained that the contractor, hired by FDOT to install street lights on Davis Boulevard, has encountered unexpected field conditions which require crews to utilize a different base for the lights. She noted that the work is expected to resume soon and FDOT would complete the project as planned. Chairman Saad stated that he appreciated Ms. Lex being responsive to Ms. Sherman's letter. Councilwoman Sulick questioned if there were stormwater issues in the vicinity of Davis Boulevard. Commissioner Fiala stated that the Lely Area Stormwater Improvement Project (LASIP) would be installed on the east side of the road, consisting of ditch improvements, box culverts and reinforced concrete pipes. Secretary Hattaway requested to speak at the October MPO Board meeting regarding the Statewide Bicycle/Pedestrian initiative and to provide an update on FDOT's Complete Streets Policy. Secretary Hattaway reported that FDOT would be adopting a Complete Streets Policy in July that would also require an Implementation Plan. He stated that FDOT would also like to speak about the increased usage of modern roundabouts on the state road system. Commissioner Nance thanked Secretary Hattaway for coming to Immokalee to assess the segments of downtown SR 29 and attempt to make it more walkable. B. MPO Executive Director's Update Ms. Ayer reported that the upcoming MPOAC meeting would take place on Thursday, July 24, 2014 at Sanibel Harbour Marriot Resort. Ms. Ayer explained that the Staff Director's Committee would meet from noon until 3:00 p.m. and the Governing Board would meet from 3:30 to 6:00 p.m. 11. Members Comments Mayor Hamilton explained that Everglades City would like to request a sign on US 41 and SR 29 and read a letter aloud into the record which stated "The sign was at one time on the corner of US 41 and SR 29, and it was a V-shaped sign so that people could read it from all directions. The sign was installed quite a few years back but it came down during Hurricane Donna. Then it was put back. For some reason, it came down again and it needs to be back up because it draws attention to our City and it helps our economy. It originally said Everglades National Park Board Tours. Earlier, FDOT staff said that it is possible to have the sign installed by this winter if we can make the request now. This would be great for both Everglades City's and Collier County's economy." MPO Board Meeting Minutes J June 13, 2014 1 6 I 1 G Page 30 Ms. Lex reported that FDOT would coordinate with Everglades City to be able to assist the City to submit the sign permit. Commissioner Fiala requested more information on the design of the bus shelters. Ms. Scott stated that the new shelters would be similar to the existing shelters with the exception that the new shelters would have a back and sides of perforated metal which will be painted white. Councilwoman Sulick stated that the City of Naples is impacted by Collier County therefore the issue of funding for CMS/ITS projects should be analyzed. Mr. Casalanguida recommended that both Traffic Management Centers with the City of Naples and Collier County collaborate to strive to synergize the traffic system. Mr. Casalanguida suggested that the MPO Board reviews the Mission, Vision and Guiding Principles on funding requests and funding allocations so that there would be no debate at the Committee level. He further suggested that MPO staff analyze the CMS/ITS Project Priorities from 5 years back and 5 years into the TIP and look for fair allocation of funding. Ms. Ayer stated that MPO staff would be updating the Congestion Management Process in the near future and suggested that a cost benefit ratio analysis be included. Ms. Ayer reported that the CMS/ITS Project Selection Process would be better defined in the upcoming year. 12. Distribution Items A. MPOAC Summary of Final State Legislation Session 13. Next Meeting Date The next meeting of the Collier MPO Board will be held on September 12, 2014 at 9 a.m. at the Collier County Board of County Commissioners Chambers, P Floor, 3299 E. Tamiami Trail, Naples, Florida 34112. 14. Adjournment Having no further business, the MPO Board meeting was adjourned at approximately 12:17 p.m. 1 B 2 c ,,E . ,c , a dbE o ma0Z = o ;c m w 5E t' 2 v oogh" h put, E° er= uO $ 0Q$ ` ^ 4Z a Sca d ID o VI >£. 'S v o0 ? r p °cwdU 0 E of go u V Ea 0'y ° E um c.o s— �aQ£ 1, ko py gs� i>.. 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Ems] [ 7EE22r )k \f/'a bU`e%�0 j e�*$ \kk 24.92E\\ )k} \\f 6/\\/&\) % , , , . ■ L I 6 I ,, Aur..'r ,t), 2016 Notice of Official Interpretation Naples Infinity — Pine Air Lakes PUD July 19, 2016 Collier County Planning Advertising Requirements Please publish the following Advertisement and Map on August 1, 2016, and furnish proof of publication to the attention of Mike Bosi, Director in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches Ionq in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500149x' k;10 229 Account Number: 068779 V`1' 9 I Authorized Designee signature for NDN Advertising 1611331 Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Division 10.02.02.F.3 of the Collier County Land Development Code (LDC), 04-41, as amended, public notice is hereby given of an official interpretation. RE: INTP-2016-PL-1291, NAPLES INFINITI (PINE AIR LAKES PUD), OFFICIAL INTERPRETATION REQUEST The Planning and Zoning Director has been requested to render an official interpretation of the approved Pine Air Lakes Planned Unit Development (PUD), Ordinance No. 07-32, for Naples Infiniti, PL20160001291. The official interpretation request centers on Section 3.04.D of the PUD. The section states, "Adjacent parcels, whether owned by the same or different entities, shall be permitted to be developed under a Unified Development Plan as a single shopping center or single office complex with common and shared parking areas, access drives, utilities, entries, common areas and other facilities typically contained within a shopping center or office complex. Internal tract boundaries in such unified development plans shall not be required to have lot line setbacks or buffers. Additionally, buildings within the Unified Development Plan (UPD) shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjunct buildings" The applicant is requesting an Official Interpretation of the above section, as to whether a new car dealership complex is comparable in nature to the section referenced, "single shopping center or single office complex", and therefore qualify to utilize the Unified Development Plan. Within the request, the applicant states, "In reading the PUD, we believe that Sec. 3.04.D leaves room for interpretation, in that the shopping center and office complex uses are examples meant to be descriptive not exclusive or limiting. Codes and PUDs cannot anticipate every possibility and as such we must look at the intent behind a given regulation. We believe that the proposed car dealership complex is comparable in nature to the identified examples and should therefore be afforded the opportunity to go through the UDP or CSP process." Further the applicant points out that, "Section 3.04.D states that "...unified development plans shall not be required to have lot line setbacks or buffers." The two dealerships will be built as a unified development with interconnection throughout, shared parking, shared car wash facilities, common design, shared security and fencing, same uses, and flow from one dealership to the next for efficiency. In the future, when our Client chooses to subdivide the parent parcel to create 1 6 1 1 B3 separate parcels for each dealership, the lot line will be located between the two buildings and the required setbacks will be provided but the design will remain as a unified development". Essential to the question of this interpretation is the range of uses contained within the regional commercial section of the PUD, which permits up to a million square feet of commercial development. As noted, shopping centers is a use that is provided for within the section, but a wide range of other commercial uses is also provided. Examples of these uses are: Financial Institutions, Colleges/Universities, Hospitals, Theaters, Light Manufacturing or Processing, Marinas, Medical Offices and Clinics, Radio & Television Stations and finally Auto Sales and service departments. As noted, this is not a comprehensive list of the uses permitted within the regional Commercial section of the PUD, but is provided to show the range and level of intensities this PUD provides for currently. Within the application the argument is provided that Section 3.04.D, "leaves room for interpretation, in that the shopping center and office complex uses are examples meant to be descriptive not exclusive or limiting. Codes and PUDs cannot anticipate every possibility and as such we must look at the intent behind a given regulation. We believe that the proposed car dealership complex is comparable in nature to the identified examples and should therefore be afforded the opportunity to go through the UDP or CSP process." I agree with that interpretation, the utilization of the UDP was intended to allow for flexibility and promote a more efficient use of property when the same type of retail activity was spanning multiple parcels and developed under a common plan. The project as proposed, seeks for two automotive dealerships to be developed as a unified plan, and therefore eliminate the buffering and setback requirements from the common parcel boundary. The utilization of the UDP process will allow, "Internal tract boundaries in such unified development plans shall not be required to have lot line setbacks or buffers. Additionally, buildings within the Unified Development Plan shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjacent buildings". This office sees no benefit in not providing the regulatory flexibility described within section 3.04.D of the PUD, with the recognition that the project will be required to maintain the required external buffers and setbacks. As noted within your application, based upon changes to the Land Development Code (LDC), the UDP process described in section 3.04.D. of the PUD is now cited as a Conceptual Site Plan (CSP) and therefore the Infiniti and Volvo dealerships, as determined by this OI, can move forward utilizing CSP process. It should be noted that all applicable PUD and LDC requirements are still required to be satisfied by the SDP and in particular, all requirements for interconnectivity must be satisfied. The conceptual site plan provided does not represent the final arrangement of infrastructure and interconnectivity, but rather how the common parcel boundary would be provided. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). An affected property owner is defined as an owner of property within 300 feet of the property 1 6 1 1 B3 lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information related to this interpretation are kept on file and may be reviewed at the Growth Management Division, Planning and Regulation building at 2800 North Horseshoe Drive, Naples, FL 34104. Please contact the staff member below at (239) 252-6819 to set up an appointment if you wish to review the file. Mike Bosi, AICP, Director, Planning and Zoning Department 1 6 1 1 B3 Goodlette Fr__ank N (D 0 xi if 0 Q c. LQ O Cm! fD Z Airport Pulling RD Livingston RD 16 1 1 B3 Acct. #068779 July 19, 2016 Attn: Legals Naples News Media 1100 Immokalee Rd. Naples, Florida 34110 Re: Notice of Official Interpretation — INTP-PL20160001291, Naples Infinity Dear Legals: Please advertise the above referenced notice on Monday, August 1, 2016, and send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Martha Vergara, Deputy Clerk P.O. #4500168029 16 1 1 133 July 19, 2016 Collier County Planning Advertising Requirements Please publish the following Advertisement and Map on August 1, 2016, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be two columns wide x 10 inches lonq in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 Authorized Designee signature for NDN Advertising 1 6 1 1 B3 Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Division 10.02.02.F.3 of the Collier County Land Development Code (LDC), 04-41, as amended, public notice is hereby given of an official interpretation. RE: INTP-2016-PL-1291, NAPLES INFINITI (PINE AIR LAKES PUD), OFFICIAL INTERPRETATION REQUEST The Planning and Zoning Director has been requested to render an official interpretation of the approved Pine Air Lakes Planned Unit Development (PUD), Ordinance No. 07-32, for Naples Infiniti, PL20160001291. The official interpretation request centers on Section 3.04.D of the PUD. The section states, "Adjacent parcels, whether owned by the same or different entities, shall be permitted to be developed under a Unified Development Plan as a single shopping center or single office complex with common and shared parking areas, access drives, utilities, entries, common areas and other facilities typically contained within a shopping center or office complex. Internal tract boundaries in such unified development plans shall not be required to have lot line setbacks or buffers. Additionally, buildings within the Unified Development Plan (UPD) shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjunct buildings" The applicant is requesting an Official Interpretation of the above section, as to whether a new car dealership complex is comparable in nature to the section referenced, "single shopping center or single office complex", and therefore qualify to utilize the Unified Development Plan. Within the request, the applicant states, "In reading the PUD, we believe that Sec. 3.04.D leaves room for interpretation, in that the shopping center and office complex uses are examples meant to be descriptive not exclusive or limiting. Codes and PUDs cannot anticipate every possibility and as such we must look at the intent behind a given regulation. We believe that the proposed car dealership complex is comparable in nature to the identified examples and should therefore be afforded the opportunity to go through the UDP or CSP process." Further the applicant points out that, "Section 3.04.D states that "...unified development plans shall not be required to have lot line setbacks or buffers." The two dealerships will be built as a unified development with interconnection throughout, shared parking, shared car wash facilities, common design, shared security and fencing, same uses, and flow from one dealership to the next for efficiency. In the future, when our Client chooses to subdivide the parent parcel to create separate parcels for each dealership, the lot line will be located between the two buildings and the required setbacks will be provided but the design will remain as a unified development". 1611 B3 Essential to the question of this interpretation is the range of uses contained within the regional commercial section of the PUD, which permits up to a million square feet of commercial development. As noted, shopping centers is a use that is provided for within the section, but a wide range of other commercial uses is also provided. Examples of these uses are: Financial Institutions, Colleges/Universities, Hospitals, Theaters, Light Manufacturing or Processing, Marinas, Medical Offices and Clinics, Radio & Television Stations and finally Auto Sales and service departments. As noted, this is not a comprehensive list of the uses permitted within the regional Commercial section of the PUD, but is provided to show the range and level of intensities this PUD provides for currently. Within the application the argument is provided that Section 3.04.D, "leaves room for interpretation, in that the shopping center and office complex uses are examples meant to be descriptive not exclusive or limiting. Codes and PUDs cannot anticipate every possibility and as such we must look at the intent behind a given regulation. We believe that the proposed car dealership complex is comparable in nature to the identified examples and should therefore be afforded the opportunity to go through the UDP or CSP process." I agree with that interpretation, the utilization of the UDP was intended to allow for flexibility and promote a more efficient use of property when the same type of retail activity was spanning multiple parcels and developed under a common plan. The project as proposed, seeks for two automotive dealerships to be developed as a unified plan, and therefore eliminate the buffering and setback requirements from the common parcel boundary. The utilization of the UDP process will allow, "Internal tract boundaries in such unified development plans shall not be required to have lot line setbacks or buffers. Additionally, buildings within the Unified Development Plan shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjacent buildings". This office sees no benefit in not providing the regulatory flexibility described within section 3.04.D of the PUD, with the recognition that the project will be required to maintain the required external buffers and setbacks. As noted within your application, based upon changes to the Land Development Code (LDC), the UDP process described in section 3.04.D. of the PUD is now cited as a Conceptual Site Plan (CSP) and therefore the Infiniti and Volvo dealerships, as determined by this OI, can move forward utilizing CSP process. It should be noted that all applicable PUD and LDC requirements are still required to be satisfied by the SDP and in particular, all requirements for interconnectivity must be satisfied. The conceptual site plan provided does not represent the final arrangement of infrastructure and interconnectivity, but rather how the common parcel boundary would be provided. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). An affected property owner is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land 16 1 1 B3 Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information related to this interpretation are kept on file and may be reviewed at the Growth Management Division, Planning and Regulation building at 2800 North Horseshoe Drive, Naples, FL 34104. Please contact the staff member below at (239) 252-6819 to set up an appointment if you wish to review the file. Mike Bosi, AICP, Director, Planning and Zoning Department 1611 B3 Goodlette-______________Frank RD N (D Q O` (n p n CD Z 'l CD Airport Pulling RD — �, Livmg Ston RD 161163 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday,July 19, 2016 3:34 PM To: Naples Daily News Legals Subject: Notice of Official Interpretation, Naples Infinity - Pine Air Lakes PUD Attachments: INTP-PL20160001291 Naples Infinity Pine Air Lakes PUD (8-1-16).doc; INTP- PL20160001291 Naples Infinity Pine Air Lakes PUD.doc;INTP-PL20160001291 Naples Infiniti Pine Air Lakes PUD (MAP).pdf Hello, Please advertise the following attached ad Monday, August 1, 2016 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 1 6 1 1 133 Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Wednesday, July 20, 2016 11:10 AM To: Martha S. Vergara Subject: RE: Notice of Official Interpretation, Naples Infinity - Pine Air Lakes PUD Confirmed receipt. From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Tuesday,July 19, 2016 3:34 PM To: NDN-Legals<legals@naplesnews.com> Subject: Notice of Official Interpretation, Naples Infinity- Pine Air Lakes PUD Hello, Please advertise the following attached ad Monday, August 1, 2016 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk©collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 1611 B3 Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Monday, July 25, 2016 12:53 PM To: Martha S. Vergara Subject: FW: 1189437 fonts from 1077182....THANKS! FW: Notice of Official Interpretation, Naples Infinity - Pine Air Lakes PUD Attachments: ND-1189437.pdf Revised proof 1 1611 13 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Division 10.02.02.F.3 of the Collier County Land Development Code(LDC),04-41,as amended,public notice Is hereby given of an official interpretation. RE:INTP-2016-PL-1251,NAPLES INFINITI(PINE AIR LAKES PUD),OFFICIAL INTERPRETATION REQUEST The Planning and Zorvng Director has been requested to render en official interpretation of the approved Pine Alf Lakes Planned Unit Development(PVD), Ordinance No.07-32,for Naples Infiniti,P120160001291.The official interpretation request centers on Section 3.04.D of the PUD. The section states,"Adjacent parcels,whether owned by the same or different entities,shall be permitted to be developed under a Unified Development Plan as a single shopping center or single office complex with common and shared parking areas,access drives,utilities,entries,common areas and other fecilities typically contained within a shopping center or office complex.Internal tract boundanes in such unified development plans shall not be required to have lot One setbacks or buffers.Additionally,buildings within the Unified Development Plan(UPD)shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjunct buildings' The applicant u requesting an ficial Interpretation of the above section.as to whether a new car dealership complex is comparable in nature to the section referenced.°single shopping center or single office complex",end therefore qualify to utilize the Unified Development Plan. Within the request.the appecant states,"In reading the PUD.we believe that Sec.3,04,0 leaves room for Interpretation.in that the shopping center and office complex uses are examples meant to be descriptive not exclusive or limiting.Codes end PODS cannot anticipate every possibility and as such we must look at the Intent behind a given regulation.We believe that the proposed car dealership complex is comparable in nature to the identified examples end should therefore be afforded the opportunity to go through the UDP or CSP process." Further the applicant points out that,"Section 3.04.0 states that"...unified development plans shall not be required to have lot line setbacks or buffers."The two dealerships W IM be built as a unified development with interconnection throughout.shared parking,shared car wash facilities,common design,shared security and fencing,same uses.and flow from one dealership to the next for efficiency.In the future,when our Client chooses to subdivide the parent parcel to create separate parcels for each dealership.the lot line will be located between the two buildings and the required setbacks will De provided but the design will remain as a unified development". r LL LL • LOCATION Y O J StI • • 1L Pine Ridge RD a) • N PROJECT O W- 1: SFFFFVVVVVVff S Essential to the question of this interpretation is the range of uses contained within the regional commercial section of the PUD,which permits up to a million square feet of commercial development.As noted shopping center.is a use that is provided for within the section.but a wide range of other commercial uses is also provided,Examples of these uses are:Financial Institutions,Colleges Universities.Hospital,Theaters,Light Manufacturing or Processing,Marinas, Medical Offices and Clinics,Radia&Television Stations and finally Auto Sales and service departments.As notedthis is not a comprehensive list of the uses permitted within the regional Commercial section of the PUD,but is provided to show the range and level of intensities this POD provides for currently. Within the application the argument is provided that Section 3.04.0,"leaves room for interpretation,In that the shopping center and office complex uses are examples meant to be descriptive not exclusive or limiting.Codes and PUDs cannot anticipate every possibility and as such we must look at the intent behind a given regulation.We believe that the proposed car dealership complex is comparable in nature to the identified examples and should therefore be afforded the opportunity to go through the UDP or CSP probes.." I agree with that interpretation.the utilization of the UDP was intended to allow for flexibility and promote a more efficient use of property when the same type of retail activity was spanning multiple parcels and developed under a common plan.The project as proposed,seeks for two automotive dealerships to be developed as a unified plan,and therefore eliminate the buffering and setback requirements from the common parcel boundary.The utilization of the UDP process will allow,"Internal tract boundaries in such unified development plane shall not be required to have lot line setbacks or buffers.Additionally, bullrings within the Unified Development Plan shell be permitted to abut one another as long as atl appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjacent buildings".This office seas no benefit in not providing the regulatory flexibility described within section 3.04.D of the PUD.with the recognition that the project will be required to maintain the required external buffers and setbacks. As noted within your application,based upon changes la the Land Development Code(LDC).the UDP process deeMbed In section 3.04.D.of the PUD is now cited ase Conceptual Site Plan(COP)end therefore the Infiniti and Volvo dealerships.as determined by this DI,can move forward utilizing CSP process. It should be noted that all applicable PUD and LOC requirements are still required to be satisfied by the SDP end in particular,ell requirements for interconnectivity must be satisfied. The conceptual site plan provided does not represent the final arrangement of infrastructure end Interconnectivity,but rather how the common parcel boundary would be provided. Within 30 days of publication of he public notice,any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals(BZA).An affected property owner Is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation Is effective.An aggrieved or adversely affected party is defined as any person or group of persons which veil suffer an adverse effect to an Interest protected or furthered by the Colter County Growth Management Plan or Land Development Code.A request lw appeal must be filed in writing end must stale the basis for the appeal and include any pertinent information,exhibits.or other back-up information in support of the appeal.The appeal must be accompanied by a$1,000.00 application and processing fee.(II payment is in the form of a check.it should be made out to the Collier County Board of Commissioners.)An appeal can be hand delivered or marled to my attention at the address provided.Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information related to this interpretation are kept on file and may be reviewed at the Growth Management Division, Planning and Regulation building at 2800 North Horseshoe Drive,Naples.FL 34104.Please contact the staff member below at(239)252-6819 to set up an appointment it you wish to review the file. Mike Bosi,AICP,Director, Planning and Zoning Department No-Herb August 1,2016 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC_ZONING DEPARTMENT PROOF CREATED AT:7/21/20161,10AM SALES PERSON: Ivonne God PROOF DUE:- NEXT RUN DATE OR/01/16 PUBLICATION:ND-DAILY SIZE:4 col X 13.5 in ND-1189437.INDD Martha S. Vergara 1611 B3 From: Martha S. Vergara Sent: Monday, July 25, 2016 1:10 PM To: Bosi, Michael (MichaelBosi@colliergov.net) Subject: Ad proof- Notice of Official Interpretation - Naples Infinity Attachments: ND-1189437.pdf Hi Mike, Attached is the ad proof for your review. Please let me know of any changes that are needed. Thanks, Martha 1 t6 'Il B3 Martha S. Vergara From: Bosi, Michael Sent: Monday, July 25, 2016 1:38 PM To: Martha S. Vergara Subject: RE: Ad proof- Notice of Official Interpretation - Naples Infinity Thank you Martha!! Happy Monday. From: Martha S. Vergara [mailto:Martha.Vergara©collierclerk.com] Sent: Monday, July 25, 2016 1:10 PM To: BosiMichael Subject: Ad proof- Notice of Official Interpretation - Naples Infinity Hi Mike, Attached is the ad proof for your review. Please let me know of any changes that are needed. Thanks, Martha Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 1 b 11 ,B3 NapLr& Battu Unto NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1189437 NOTICE OF INTEPRETAT Pub Dates August 1,2016 1 mv-ep �,,,o f/ (Sign ure of affiant) Sworn to and subscribed before me 1 .r".'►;'•., IVONNE GOBI 0 This August 0 2016 1 • .1 �- Notary Public-State of Florida 0 �, •I Commission #r FF 900870 • ,,.`ds?c' My Comm.Expires Jul 16,2019 �. . • ( $��t9endeQ through National Nasary Atm, 1 \1' (Signatur of affiant) ' 16 1 1 83 Naples Daily News Monday,August 1,2016 9A Plan to reshape Tampa still lacks a name Z JUSTINE GRIFFIN [nation related to the project is scattered. after the neighboring Channel District. While many news reports have re- 4.• 0Aname brings it all together,"said Ste- And Channelside's Bay Plaza,which Vi- ferred to the downtown Tampa develop- TAMPA RAY TIMES develop- phanie Darden,president at Prismatic in nik also owns,will probably get a new West as the Vinik project,"Vinik-Ville" d 1e TAMPA,Fla.-Next month,$35 million Orlando,a branding and marketing firm name,too. in style back in 2014,but was quickly �E. Q worth of infrastructure and roadway that specializes in real estate develop- "We'll come up with a name for it,"Vi- snubbed because Vinik didn't like it. .k construction will begin on the project went."A name is hypercritical to every- nik said in an interview with the Tampa More recently it has been called the"Vi- L 1— that will transform downtown Tampa. thing and anything that's going to happen Bay Times thisweek."We've already had nik-Cascade project," noting the two W Roads will be extended,sidewalks wid- next." discussion with naming the district,and major owners involved. But officials RCe ened and more on-street parking added. Officials with Strategic Property it'll happen at the appropriate time. with Cascade have never spoken public- 0. But the$2 billion real estate develop- Partners offered little insight into when We've been slow on that,but let's get the ly about the project,and their offices are CD O. went,which was launched by Tampa Bay they will announce a name. experts'feel for the district before we at the opposite end of the country in Seat- O LU Lightning owner Jeff Vinik and has been "SPP believes that the project—what jump in." tie. in the planning stages for five-plus it is,the experiences that happen here, The thirst for a name for the project is After five years of talking about Vi- a) Z years,still lacks an essential ingredient. the community it creates—should dic- nothing new.In January 2015,the Tampa nik's big plans,it's no wonder residents C _ A name. tate the brand, not the other way Bay Times polled readers for sugges- are eager to know more. Without that,people and news reports around,"said Ali Glisson,vice president tions an what to name Vinik's project. "There's a net-tam level of ancomfort- C LL have resorted to calling it the"Jeff Vinik of marketing and communications at Among the suggestions were Waterside ableness we have as consumers.We're 0 project."That has led to complaints that SPP. and SoDo(for South of Downtown). ready for more details and a name now. his name alone doesn't reflect the part- She said that the name will come along "They're being very generic with how But it's a very complex project that goes UJ nership behind the project:Vinik and Mi- as the rest of the project does and that they refer to the project now,which way beyond what the typical consumer In — V crosoft founder Bill Gates'Cascade In- SPP"wants to be thoughtful about the means the media is driving the local ver- can understand," said Nancy Walker CD a vestment firm,which have formed the brand and identity of the project." nacular for what it's called,"Darden with Tempa-basedWalkerBrands,amar- Q. t I— project's developer Strategic Property Vinik has referred to the project as said keting agency that has developed brand R O) O Partners. the"Waterfront District"in the past. . That has caused some confusion.SPP strategies for companies such as Disney But branding experts say a name for Renderings and early blueprints from oversees the development of the entire and Lennar.`The goal is to have some Z Z < Z the project would solve that problem and December 2014 called the 40-acre site 40 acres of Tampa's urban core.But stickiness to it.It's more memorable if give ita greater sense of identity. 'The Waterfront."But neither name has there area number of affiliate LLCs and the developer can show how this name "How do you Google it?Without a ever been used to describe the project in holding corporations under the SPP um- relates back to the whole vision of the name it means every and any bit ofinfor- aformal way.It probably won't be named brella. project." CO CI) PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE N - Notice of Official Interpretation d • 4 of C L.: a ° = _ Collier County Land Development Code Ordinance • >, c n :� sG 0 C tO 0 "i$ H Pursuant to o.lon 10.02.02.F3 n1 the Collier Li County d De' as c.a.(LOCI at oa- .as amended,pun c nonce.hereby glat en an official • 0 0 (f) sea. -0 D) d d • RE NTP 20IGPL t2a1,NAPLES INFINm(PINE NR Loses Punt.OFFICIAL INTERPRETATION REQUEST Q < co ci .ERN ssaeoon,AP Planning Zoning Director 1m been requested to.nodi an°Mcma el interp,. cn of the eppea ovPine Air Lakes Panned Usk Darebpment lent. th Coeeectkut is taking steps to better Inform e public aboutordinance .0T-32.M Naples Ink.,PL2016o001281.me official inte,e,o.osn request centers as Seddon 3.04.o of me Put. nesting sites so people on avoid contact with swans. The section states,...cent paws,whether owned by Mese orMIlcnt.Pari,.0 Pe pe,voe.Oo be....under a tonged....ant Plan as e ogle shopping cm,.o-aai,orse comp.x won,common ane snared pardng area.access*Near 0005es.alma.common.teas and oleos roams rypwasy comalea wart,a.oppmg center or deco complex.trauma/fr.....as m such uneted devawpm.Mplas she,not a.,awt,ed No hen lot eta Conn. turns to set..s or adepaabeenne le houlan0ea,snneea,nutadw,Sw,,oPa,MEOgomla.o.00eedforoufa.a,mn,a atoaosswe eO.ut aq erreaynrinmaf.E.dry pmentP.WPcommapf.arN tore.uttoe an... The wPI'r.at Is requesting an Orcial interpretation of the above section...whetwhethera new car dealership complex is In nature to ire section .05,000,,rale Mowdg Menta w segh ore comp..,and therefore qualify tot..as edw UnmDalan opment P . social media wminmeneques,,.aeapplmatstates..InreadingthePUD,webelievetheSec.3.a. esroom MrImermetrtia.Inthe the shopping center and office ,� eacnpt.not excl..w Knifing.codes and Puna can.ant.pate wry pasial,and as such we must wok • mem behind.examples regulation.we believe that the propos.car dealership complex is comparable m nature to the Iaaml.0 examples as should 11) after swan killed Raremreheaprd.t pp n,to�mf3g4.D..tha3Ppfead �r; the lwntbewtsaaaunit. aoantwit,m. alma.ugh,.tasaredm,pfaer.cato,sSleawmd rbashe. Ne """ p oma r a shared p.rkw h n our Mar wash facilites, design,pre.she. e�n'I�;��e�M�'g.a.��,`and unit...opulent�n.dealership tom Mnn.enad��Nrw.mm.fata,.,who pa,DllatMhdd„a,w pndmd.m.Iaremparcel Cl K SUSAN HAIGH to create will remain esaseparate terppaef.s for eac�dealership.the Pt rine will..Pealed betweenmatav buildings end the required..tacks veilate provided but the dpgn Nr ASSOCIATED PRESS a.wlopm t.. Ch Q 0 QHARTFORD,Conn.-Months after environmental officials killed a swan they determined to be aggres- Z NI. Z sive,Connecticut is taking steps to better inform the l(l]�/ public about nesting sites so people can avoid coming in LL CC contact with the birds. e i The Department of Energy and Environmental Pro- O) C d rection will use social media to make the public aware PROJECT C 0 .0 of such locations,especially during springtime,when Z LOCATION = a"' these mute swans—named because they are less vocal (/) C than regular swans—typically defend their nests.New 0) i. protocols also spell out the agency's policy for killing 0 a C d Z d the birds when they're ill,lame or considered a public CC Q Q threat,as well as"addling"their eggs—essentially -t •5 E C T causing a fertilized egg to stop developing. . 0 J_ 0 H These new operating procedures,which establish C 0- Z • s_ criteria for determining when a mute swan poses a riskMI Z d d 0 to the public,were partly prompted by the controversy 1. •L N surrounding the April 20 killing of a male swan in Kill- a Q Q 0 ingly.The bird and its mate were known for years by t — residents who live near Five Mile Pond,in a rural partPine Ridge RD of northeastern Connecticut. After the swan's death,residents started an online to petition,supported by state Rep.Christine Rosati Ran- (3) dell,a Killingly Democrat.The petition demanded that -3 DEEP Commissioner Rob Klee"investigate this horri- bleact,release employees involved,review necessity of euthanizing,"reintroduce swans to the pond,and re- 0 N I quire postings where swans and other waterfowl nest UI "DEEP's actions upset many people who considered s the swan a longtime resident of Five Mile Pond and who have had fond memories growing up with the swan," Essen...question of Rosati Randall said deereapment A naeme.anorping Malars 0.usemassppmv..%commercial.ese,but a wide PUD, permits mcomm In line, While the agency clarified its"response guidelines" .n.Enda stu..aatwm aMe are:Fl...... a.,...Paantni..,aai.....M..,.E.et.,EMe....I.'.dr.Prooma,a,c mem for addressing mute swans—similar to those for ban- ,,ye.,, mina wk. o Television nay Ara saes one service eaanta std , re is n .cam ma adv. Medical Ogees the IWO.rgffaal section of taw PUD,b.is pnavkied to show me Marge one level of Intensities rola PUD provides ser current. e dling bears and moose—Rick Jacobson,thedecr of the per group's wildlife division,contended that decision ton ma pw.a5 the waant.s 'E...mat s.na.n 3.a.D,'ay.mar.ren I.E...I.E.......'trpre ..'In mat SE..ePRI.,carr and aro.aampl.e ac,are euthunize the swan was sound. examples . meant to ..ave not limiting. .. Codes PUN ..aMdpateevery possibility ais d as such we must wmbehind look at e Intent gNen on.web.levemnm.proposed car dealership complex Is comparable m nature to the lammed emnples I.should therefor.be affo.d CC)j.� He said the bird was reported to the agency by a cou- me opportunity toxo through Oa UDP r est-process." pie kayaking on the pond as acting aggressively,com- dal,CIM prrpte a more grclat gag o1 ora le— ing toward them,flapping its wings and hissing.The Hesot�.a,a.to w'aats,e.p,,mnbimpe o.R.mela.,,,,,amptae gnetc.wpm ode sero wn.n me a.m. rcouplewan.The common parka for n a reane0.....leans. C also reported how the swan that dayapproac cap- developed as a unified pia.and m,Oaua f.,0 the a oe'a end w mMa oa.tw i,from Ed common parcel dada The 000 of me 0 two younger people in a canoe,which ultimately h aarw p,' r,'e//pnnraduso le,rid'unrm.°wv.wpne'",t building, pt':f°g'fe ro rove.,,"=°,,.:"'"'"'"'0mm'wly. /kms sized,spilling the canoeists. logy lino wmacxp.o pr"' 'aa as al apfpmre analove assn are.to wlmouf U ♦ s Same piing the cane fishermen on shore also said the bird was g common pms,Oi,sm•Ith S OMMndbuilding, This office cos no baba m not pro mag the regulatory 1exi.il,de.ahoad.thin section 3.04.D of the PUD,with the recogn.on Matt.promo.be rewired tome..the required ectad buffers and wmecka. acting aggressively,Jacobson said.There were no re- n coed within your aplicabon bawd upon charges to me Land oev.opaaat code(MCI,me UDP ported injuries. o.eked as a Conceptual site Pan(es..am men.ore air ct,0 and servo dealerships,as deem..pacess F can mo,.anion 3.an.S process.Puo common enote Mary cant-0,50 Loc requirements ae.ul required...Mist' ay in para..aOO,i3Oentsforg00,1is O be noted that ed,ae SOP inure and the must be The conceptual Ede plan provided aloes nm reprna the final arrangement m IMreshmaare dna inerconnvdnvM,but remer how me Z Plantation Shutters wkhInsodand publication ou 'mace,any.aestdpf �a� of Zoning pay ower or pgewed or aders.y effpted parry may wpN me interpretation tam. Z SI (/) Bove Appeals(s.9 An affected property is dunned..en owner ofsoperty within 300.ohne allons which f suffer an Ola It...noe,0 /YF/s = �� Mona erect saoaool.CounyGrved or owthsary Manage ent P.rLau,s0500any nt coda 'sosOsiwealaNwra.MrweMctto an Interest .e edit NMrebbymech.any pert Growth Management ehAla or LRM Development coda A requed°.Ple eau . befit.ap.mMwgand ompaid f O o.namm theeppeal and M m.and pdeeaamnem infamm nt is in hmm,diemar ed,.tt nmf be mad a.pe.comepe..The eam f ommow nen.ni.a ,ast.ggo.go processing mtes.mpayf.nt Lamm.tdfmm.dm.Mk.nammoum be m.deo,htmtla cones county seam of commts.oma.l An this ^_■aeaa�8tIaF�. appeal can be .attention at he address provided.PNee do not hesitate.contact me should you have any tower questions eter i,711 Z = Cal Wires The Interpret.. other pertinent Infamaten Mated to rola Interpretation are kept on file aM may be reviewed at the Growth Management Division, PoplarPeg..building at 2800 Nor.aosenee aMe,Naples,FL 34104.Please contact the.eH member below (2381252-681 B to set up an • mem 4you wish to mew me file. LSI es Q Bennett's Interior Shutters Pike Boal MDPDirear Tar >11 ¢455 5672 eaaaeaa,aZoalag�°'�� A t aarmaar August 1,2016 73 2 �oES7F40 1611 w 4 Ll hJ �i9 .. .._......_. 1400 Colonial Blvd.,Suite 1 Fort Myers,FL 33907 „ P:239.938.1813 I F:239.938.1817 www.swfrpc.org m u e a- ,.„_.O �, V N u-Cq 'yC PLAN Nc,-tier RiE@ ,Ellw JSufs•REPS S0�'J 7 August 2, 2016 ,i, -2 !/ 2OI(� By Collier County Clerk of the Circuit Court—Finance 3299 Tamiami Trail E.,Ste.403 Naples, FL 34112-5746 RE: SWFRPC's FY16-17 Work Plan& Budget Dear Sir or Madam: At its June 16, 2016 meeting,the Southwest Florida Regional Planning Council(Council)adopted its FY16-17 Work Plan and Budget, in accordance with the Council's Rule 291-1.007 Budget and Finances: The Council shall cause to be prepared and shall adopt on or before August 15 of each year a budget for the development and implementation of the planning and development programs by such means and through such agencies as the Council shall determine and shall certify a copy thereof to the Clerk of the governing body of each local government that is a member. Upon approval thereof by the governing body each member local government shall include in its annual budget and cause the levy of a millage sufficient to produce the amount necessary to fund its proportionate share of the Council's total budget for the District,which, beyond minimums for individual membership established by the Council, ii bears the same ratio to the total budget as the population of each member unit bears to 1i the total population of the District, all as determined annually by official population forecasts by the state of Florida for the year preceding each budget determination. Enclosed is a certified copy of the Council's FY16-17 Work Plan and Budget for your records. Please feel free to contact me if I can be of further assistance. Sincerely, OUTHWEST FLORIDA REGIONAL PLANNING COUNCIL Margar; uerst e, P Execut - ►,irector /nlg Enclosure �NIESTFto 161184 1400 Colonial Blvd.,Suite 1 Fort Myers,FL 33907 P:239.938.1813 I F:239.938.1817 www.swfrpc.org m c 2 4,1 oa it, Ci PL4N0N6 .o :`FS.NEAT So`1 FOR A CERTIFIED COPY: STATE OF FLORIDA COUNTY OF LEE On this 16 day of June, 2016, I attest that the attached document is a true, exact, complete, and unaltered photocopy made by me, Southwest Florida Regional Planning Council, Records Management Liaison Officer, of the"Southwest Florida Regional Planning Council Annual Budget for Fiscal Year 2017 Budget,"as adopted by the Southwest Florida Regional Planning Council on June16, 2016. This document is a public record, and the Southwest Florida Regional Planning Council is its official source. ichole Gwi -tt Southwest Florida Regional Planning Council Records Management Liaison Officer Pl. 34 1_ 6 ADOPTED BUDGET OCTOBER 1 , 2016 - SEPTEMBER 30, 2016 "$1 f ADOPTED: JUNE 16, 2016 ky AMENDED: JULY 14, 2016 1 ms ft x i `e6,4 EST p(0 y0J A/9 SOUTHWEST FLORIDA m cyy `J9 r" REGIONAL PLANNING COUNCIL c'J p.LANN-N, ��) ,,fs'REAL65��J 1611 84 . FY 17 PROPOSED BUDGET OCTOBER 1, 2016 TO SEPTEMBER 30, 2017 Table of Contents FY17 Proposed Budget Page 1 Revenue Sources(Charts) Page 2 Revenue Sources(Detail) Page 3 5 Year Budget Comparison Page 4 Salary Expenses-(A) Page 5 Health Insurance-(B) Page 6 Consultant Fees—(C) Page 7 Contractual-(D) Page 8 Equipment Rental—(E) Page 9 Insurance-(F) Page 10 Computer Related-(G) Page 11 Dues&Memberships-(H) Page 12 16 1 1 P4 FY 17 PROPOSED BUDGET OCTOBER 1. 2Q16 TO SEPTEMBER 30. 2017 Revenues SWFRPC General SWFRPC Special 2017 Budget Totals Fund Revenue Assessments $ 485,948 $ $ 485,948 Secured Federal/State Grants 96,934 96,934 'Program Development(Unsecured Grants/Contracts) 150,000 150,000 Secured Contractual 3,900 3,900 DRIs/NOPCs/Other Reviews 35,000 35,000 Interest/Mist 6,000 6,000 **Fund Balance from Audit YE 9/30/15(FY14/15) 588,437 588,437 Total Income(Revenue) $ 1,080,385 $ 285,834 $ 1,366,219 Expenditures(Expenses) Direct: Salaries (A) $ 218,569 $ 207,472 $ 426,041 FICA 32,592 - 32,592 Unemployment - - Workers Compensation 3,687 - 3,687 Retirement 47,769 - 47,769 Health Insurance (B) 63,090 - 63,090 Total Personnel Expenses $ 365,707 $ 207,472_ $ 573,179 Expenses Consultants (C) $ 33,100 $ $ 33,100 Grant/Consulting-Contractual (D) - Audit Fees 25,000 25,000 Travel 6,000 9,680 15,680 Telephone 5,100 5,100 Postage 1,500 125 1,625 Equipment Rental(E) 7,190 7,190 Insurance (F) 10,566 - 10,566 Repair/Maint.(Grounds/Bldg/Equip) 500500 Printing/Reproduction 2,581 100 2,681 Utilities(Elec/Internet) 13,200 - 13,200 Advertising 600 1,150 1,750 Other Miscellaneous 200200 Bank Service Charges - - Office Supplies 4,000 - 4,000 Computer Related Expenses (G) 21,671 - 21,671 Dues and Memberships (H) 25,310 - 25,310 Publications 100 - 100 Professional Development 1,000 - 1,000 Meetings/Events 1,250 - 1,250 Capital Outlay-Operations 5,000 - 5,000 Capital Outlay-Building 1,000 - 1,000 Lease Long Term 42,000 - 42,000 **Fund Balance from Audit YE 9/30/15(FY14/15) 588,437 - 588,437 Operational Expense $ 795,305 $ 11,055 $ 806,360 FrInge/Indirect Allocation $ (67,307) $ 67,307 $ - Utilized Reserve S (13,320L (13,320) Total Operational Expenses $ 714,678 $ 78,362_$ 793,040 Total Cash Outlays _ $ 1,080,385_ $ 285,834 $ 1,366,219 Net Income/Loss $ 0 $ - $ 0 *This amount was determined based on three previous years budgets which brought in at least$100,000 in additional revenue after the budget was adopted "Fund Balance from Audit YE 9/30/15(FY14/15)-included In this fund is the investments,operating funds and net of all assets and liabilities as of 9/30/15. 1 6 1 1 6 . REVENUE SOURCES BUDGET REVENUES AMOUNT County/City Assessments $ 485,948 Secured Federal/State Grants 96,934 Program Development(Unsecured Grants/Contracts) 150,000 Secured Contractual 3,900 DRIs/NOPCs/Other Reviews 35,000 Interest/M isc 6,000 Total Revenue $ 777,782 BUDGET REVENUES ■County/City Assessments 35,000 3,900 6,000 N Secured Federal/State Grants Program Development (Unsecured Grants/Contracts) Secured Contractual DRIs/NOPCs/Other Reviews Interest/Misc CASH,CASH EQUIVALENTS,INVESTMENTS(as of May 30, 2016): AMOUNT FineMark Bank-MM $ 534,576 Local Government Surplus-Fund A 135,912 Petty Cash 200 FineMark-Operating 88,556 Total Cash,Cash Equivalents,Investments $ 759,244 CASH,CASH EQUIVALENTS,INVESTMENTS 200 FineMark Bank-MM Local Government Surplus- Fund A Petty Cash FineMark-Operating 161184'84 FY 17 REVENUE SOURCES OCTOBER 1, 2016 TO SEPTEMBER 30, 2017 GENERAL REVENUES SPECIAL REVENUES Interest/Misc. $ 6,000 Federal/State Grants $ 96,934 Assessments $ 485,948 Contractual $ 188,900 $ 491,948 $ 285,834 Total Revenues $ 777,782 FY15 Fund Balance $ 588,437 Total Budget $ 1,366,219 MEMBER POPULATION 2015 (BEBR Estimates) ASSESSMENT Charlotte County 167,141 $ 50,142 Collier County 343,802 103,141 Glades County 12,853 3,856 Hendry County 38,096 11,429 Lee County(Unicorporated) 367,608 110,282 City of Cape Coral 166,508 49,952 City of Fort Myers 72,395 21,719 Town of Fort Myers Beach 6,264 1,879 City of Bonita Springs 46,568 13,970 City of Sanibel 6,502 1,951 Sarasota County 392,090 117,627 Total Assessments 1,619,827 $ 485,948 Additional Revenue TOTAL Interest/Misc. $ - $ 6,000 ABM Sponsorship - - Total General Revenues $ 491,948 SPECIAL REVENUES FEDERAL/STATE GRANTS CONTRACTUAL TOTAL DEM-Title III $ 44,250 $ - $ 44,250 FL CID-Glades/Hendry TD 28,880 - 28,880 Collier Hazard Analysis 8,054 - 8,054 Economic Development 15,750 - 15,750 SQG-Glades 3,900 3,900 DRI/NOPC Fees 35,000 35,000 Program Development(Unsecured 150,000 150,000 Grants/Contracts) Total RPC Special Revenues $ 96,934 _ $ 188,900 $ 285,834 Assessments based upon official Bureau of Business and Economic Research population estimates. Assessments are estimated at 30 cents/capita as provided for in the Council's Interlocal Agreement,adopted November 8,1973. t6IlB4 B4 . SWFRPC 5 YEAR BUDGET COMPARISON Fiscal Year 2012-Fiscal Year 2016 Budget Actual Actual Actual ( A€ru,,i F Y Y 2016 FY 2012 FY 2013 FY 2014 I 70 i', q FFY 2016 Amendment Revenues Assessments $ 459,517 $ 462,218 $ 469,411 $ 472,879 $ 477,787 Federal/State/Local Funds/Contract. 1,890,422 1,839,113 1,581,167 399,968 557,025 Contractual 190,067 90,600 DRIB/NOPCs/Monitoring 93,546 42,625 41,265 88,523 35,000 Interest/Mist 9,565 24,732 39,057 4,347 6,372 Rental Income 28,750 15,000 1,250 Fund Balance 542,977 708,484 748,896 588,437 588,437 Total Income $ 2,996,027 $ 3,105,922 $ 2,894,796 $ 1,745,471 _$ 1,755,221 Expenditures Direct: Salaries-Total $ 1,165,861 $ 1,006,838 $ 982,363 $ 609,843 $ 519,301 FICA/Workers Camp/Unemployment 101,321 83,783 76,524 49,691 43,414 Retirement 60,395 63,019 101,994 63,714 60,084 Health Insurance 127,272 118,764 136,255 98,290 79,799 Total Personnel Services $ 1,454,849 $ 1,272,403 $ 1,297,136 $ 821,538 $ 702,598 Legal fees Consultant Fees 59,430 87,014 35,525 57,588 54,843 Grant/Consulting Expense 63,533 92,384 NEP Contractual 275,454 326,993 356,951 NEP-Other MPO Contractual 89,523 Audit Fees 44,430 43,543 41,000 36,820 30,000 Travel 32,500 42,369 48,185 27,273 40,000 Telephone 6,754 8,224 6,554 5,749 5,100 Postage 30,524 19.925 1,655 3,173 4,975 Equipment Rental 21,961 7 016 6,799 7,964 7,335 Insurance 21,559 25,091 20,683 22,970 17,207 Repair/Maint.(Grounds/Bldg/Equip) 15,668 17,497 19,499 10,311 5,000 Printing/Reproduction 53,373 73,954 5,539 6,431 8,571 Utilities(Elec,water,garb) 22,572 22,226 23,470 20,889 12,500 Advertising 10,018 3,218 2,827 7,766 2,750 Other Miscellaneous 9,897 3,979 4,923 5,162 1,000 Uncollectable Receivables 19,000 Bank Service Charges 1,133 2,745 2,200 Office Supplies 13,695 13,870 9,853 4,494 5,000 Computer Related Expenses 39,155 40,011 41.876 27,326 24,319 Publications 1,496 226 1,338 211 200 Bad debt 19,736 Dues and Memberships 32,659 35,484 14,037 25,510 Professional Development 37,486 3,225 3,000 Meetings/Events 22,333 20,580 3,065 26,771 20,000 Mov,nr, 42,500 Cap tal Outlay-Operations 15,056 27,792 15.375 6,000 Capital Outlay-Building 4,324 8,185 1.000 Long Term Debt(Building Loan) 127,751 127.751 127,751 127,751 21,292 Lease Long Term 31,500 Events 1,436 Reserve for Operations Expense 542,977 708,484 748,896 588,437 588,437 Total Cash Outlays $ 7,972,919_ $ 2,940,415_$ 2,854,384 $ 1,905,930 $ 1,755,221 Net lncome/(Loss) $ 23,109 $ 165,507 $ 40,412 $ (160,459) $ - 161184 SALARY EXPENSES TABLE (A) POSITION TITLE CLASSIFICATION 10/1/2015 HOURLY ANNUAL CLASSIFICATION LEVEL SALARY RANGE RATE SALARY Executive Director Exempt As determined by Council $ 57.13 $ 118,830 Regional Counsel Exempt 15,450 Planner IV (Environmental) Exempt 27.53 - 39.89 33.64 69,971 Planner II Exempt 20.07 - 31.74 26.29 54,683 Planner I Exempt 18.90 - 27.31 27.79 57,803 Planner I Exempt 18.90 - 27.31 19.57 40,706 GIS Manager Exempt 20.26 - 32.99 32.98 68,598 Total $ 426,041 4 1 6 1 1 P HEALTH INSURANCE TABLE (B) INSURANCE TYPE COVERAGE AMOUNT Health Employee Only $ 53,103 Dental Employee Only 2,609 Lincoln:Life and Disability(Short&Long Terms) Employee Only 6,778 FSA Employee Only 600 Total $ 63,090 HEALTH INSURANCE CHART(B) $70,000 $60,000 _. $53,103 $50,000 $40,000 $30,000 $20,000 $10,000 6,778 2,609 MMI PIMP 600 Health Dental Lincoln:Life and FSA Disability(Short&Long Terms) 16 1 1 184 CONSULTANT FEES TABLE (C) CONSULTANT DESCRIPTION AMOUNT Hughes Snell &Co. CPA Firm-Review of Financials,Budget and Audit assistance $ 7,650 Trescott Planning Solutions,LLC Planning Services 12,000 WGCU Public Media Annual Report 4,800 Foster&Foster Annual preparation of OPEB obligation(Audit requirement) 3,150 Genesis IT support/consulting 3,500 Clerk of Courts IT-support/consulting 2,000 Total $ 33,100 CONSULTANT FEES CHART(C) $14,000 12,000 $12,000 — 1 $10,000 $8,000 - $7,650 $6,000 4,800 $4,000 3450 3,500 2,000 $2,000 $ N I t, U ao � , ._._.. u I on «E I w N- C 70 Ou O O N C C O N \ N 7 C Q RI }= 2 2 5 ¢ o. c.> 00 cc ca c H EH 1O 0 LL 1, C no 0 m Q 0 u Hughes Snell & Trescott WGCU Public Foster&Foster Genesis Clerk of Courts Co. Planning Media Solutions,LLC 16 1 1 1B4 CONTRACTUAL TABLE (D) GRANT DESCRIPTION AMOUNT HMEP-Contract not received as of 6/2016 Total $ CONTRACTUAL CHART (D) $1 $1 $1 $1 sa _ So $- HMEP-Contract not received as of 6/2016 161184 EQUIPMENT RENTAL TABLE (E) DESCRIPTION IKON Rioch copier $ 5,038 Mail Finance Postage Machine $ 1,852 Culligan Water Water Cooler $ 300 Total $ 7,190 EQUIPMENT RENTAL CHART(E) $6,000 $5,038 $5,000 $4,000 $3,000 $2,000 $1,852 $1,000 $300 $_ Rioch copier Postage Machine I Water Cooler IKON Mail Finance Culligan Water 1611 B4 INSURANCE TABLE (F) POLICY DESCRIPTION PREMIUM Business Owners General Liability -$2,000,000 $ 3,434 Director's&Officers Liability $1,000,000 each occurrence 4,550 Auto Property Damage/Uninsured Motorist 2,152 Crime Employee dishonesty-$100,000 430 Total $ 10,566 INSURANCE CHART (F) $5,000 -4;550- $4,500 _.__ 4yam$4,500 _ $4,000 $3.434 $3,500 $3,000 $2,500 2A-52 $2,000 - $1,500 $1,000 430 $500 $ General Liability - $1,000,000 each Property Damage/ Employee dishonesty- $2,000,000 occurrence Uninsured Motorist $100,000 Business Owners Director's&Officers Auto Crime Liability 1611 B4 COMPUTER RELATED TABLE (G) LICENSES AMOUNT Sage Peachtree(Accounting Software) $ 2,217 REMI (Modeling Software) 4,500 ArcView(GIS) 8,650 VM 1,000 Bill Quick 1,750 Total Licenses $ 18,117 OTHER AMOUNT Hardware&Misc. $ 2,527 Internet Connection-Clerk of Courts (Firewall) 1,027 Total Expenses $ 21,671 COMPUTER RELATED CHART(G) $20,000 $18,117 $18,000 - _-- $16,000 $14,000 - $12,000 $10,000 $8,000 $6,000 ■ _ $4,000 $2,5E/ $2,000 - ... 1A?7 Total Licenses Hardware&Misc. Internet Connection- Clerk of Courts(Firewall) ioU B4 • DUES& MEMBERSHIPS TABLE (H) ORGANIZATION DESCRIPTION AMOUNT FRCA Florida Regional Council Association $ 20,500 ULI Urban Land Institute 215 Florida Heartland Regional Economic Development FHREDI Initiative 2,500 Misc. Misc. 500 Total $ 23,715 GRANT RELATED DESCRIPTION AMOUNT SUBSCRIPTIONS FEDC Florida Economic Development Council 300 IEDC IEDC 1,295 Total Grant Related $ 1,595 Total $ 25,310 DUES & MEMBERSHIPS CHART(H) $25,000 $20,500 $20,000 $15,000 $10,000 $5,000 2;503 j 215 500 300 1,295 - $ Florida Regional Urban Land Florida Misc. Florida IEDC Council Institute Heartland Economic Association Regional Development Economic Council Development Initiative FRCA ULI FHREDI Misc. FEDC IEDC