Agenda 04/17/2019 KEY
Community Development District
Board of Supervisors
Regular Meeting
Wednesday, April 17, 2019
8:30 a.m.
505 Whiskey Creek Drive
Marco Island, FL 34145
AGENDA
Note: Requests to address the Board on all subjects,which are not on today's agenda,will be accommodated under
"Public Comments". Public comments are limited to a maximum of three(3)minutes per attendee in order to facilitate
orderly and efficient District business.
Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining there to and
may need to ensure that a verbatim record of these proceedings is made at their expense.
Any person requiring special accommodations at this meeting because of a disability of physical impairment should
contact the District Office at 239-394-4346 at least five days prior to the meeting.
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Audience Questions and Comments on Agenda Items
5. Approval of Previous Meeting Minutes
a. March 20,2019
6. Specific Items of Old Business
a. Street Light Project
i. Plausibility, costs,time frame of illuminating specific areas with Key Marco previously
discussed in the March 20, 2019 CDD Meeting
b. Landscape Maintenance Contract
i. WARRANTY- "Landscape Florida will not be responsible for any turf, ornamentals or
trees that die if Landscape Florida is not in exclusive control of the irrigation system."
ii. CONTRACTOR'S PERSONNEL- "Staffing levels,frequencies, seasonal adjustments and
scheduling is at the sole discretion of Landscape Florida and will fluctuate throughout
the year... Contract is not based on assigned crew sizes and staffing levels and
scheduling of services are provided at the sole discretion of Landscape Florida".
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iii. STANDARDS-"The parties agree that Landscape Florida will have complete discretion as
to all horticultural decisions."
iv. PRUNING AND SHEARING -no hand pruning is guaranteed (Gatehouse?)
v. no mention of removing litter along the roadways
vi. term:one year versus two years
c. Gatehouse
i. Securitas Post Orders
ii. Condition of Plants in Pots (C-3 Maintenance) and Blue Planters
iii. Gatehouse Status
1. Rust Removal from Arms&Control Boxes
7. Specific Items of New Business
a. Speeding and Temporary Speed Bumps
8. District Counsel—Greg Urbancic, Coleman,Yovanovich &Koester, P.A.
a. Easement Agreement between CDD and HOA—Tract U
b. Incident on March 16, 2019
c. CDD Agreement with Landscape Florida
d. Special Event Policy
9. District Finance
a. Financial Statement Month Ending February 2019
b. Future Capital Improvement Projects
i. Hoover Recapturing System $40,000
ii. Roads (Engineering Estimates 2017)
1. Drainage Improvements$228,990.44
2. Repave Whiskey Creek Drive$608,863.16
3. Repave Blue Hill Creek Drive$601,644.93
4. Street Lights (Estimates range from $300,000 to$1,000,000)
c. Proposed Draft Budget
d. All Expenses Listed Since Last Meeting
e. Spreadsheet FY2018-2019 R&M Contracts
f. Spreadsheet of KM CDD& HOA Split Expenses
g. Hoover Proposal to Convert R2 to Flowguard 3
10.District Manager
a. FEMA Update&Deposits
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11.Supervisors Request and Comments
a. Three Way Stop Sign at Blue Hill &Whiskey Creek
b. Adoption of Gopher Tortoise Day—Corrie Grado
c. Gatehouse Fascia, Corbels and Ceilings—Dawn Aitkenhead
d. Dissolution of the CDD—Luanne Kerins
e. Insurance Policy Renewals- Maureen McFarland
f. Gatehouse LPR Cameras Installation—Maureen McFarland
g. District Manager Position—Maureen McFarland
i. Duties&Time Requirement
ii. HOA—CDD Agreement
12.Audience Questions and Comments
13.Schedule Next Meeting Date and Time
a. June 19,2019 at 8:30 a.m.
14. Adjournment
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KEY MARCO COMMUNITY DEVELOPMENT DISTRICT • I Formatted:No Spacing,Centered,Tab stops:Not at 1.06"
REGULAR BOARD MEETING • m._ _..
Formatted:No Spacing,Centered,Tab
stops:Not at 1.31"
March 20,2019
• („Formatted:No Spacing
The Board of Supervisors of the Key Marco Community Development District met at 8:30 a.m.
on March 20h,2019,at the Key Marco Community Center,Marco Island,Florida.
APPEARANCES: Maureen McFarland,Supervisor,Chairman
Mary Beth Schewitz,Supervisor
Corrie Grado,Supervisor
Dawn Aitkenhead,Supervisor " W'HC WAS ARSENT?
Luanne Kerins,Supervisor
ALSO PRESENT Katie Ma line,District Manager/Secretary
Greg Urbancic,District Counsel
Jane Johnston urd licuten;inlandLieutenant s'"'`-Dodd Bt.i r Florida Fish
and Wildlife Commission
CALL TO ORDER/ROLL CALL
The regular meeting was called to order with four supervisors in attendance.
APPROVAL OF AGENDA
The Agenda was unanimously approved on a MOTION by Mrs.Schewitz and a second by Mrs.
Mrs.Aitkeniiead.
AUDIENCE QUESTIONS AND COMMENTS ON AGENDA ITEMS
No comments or questions were received from the public.
APPROVAL OF PREVIOUS MEETING MINUTES
At the top of page 4,the paragraph at the top should be deleted,as a better way to handle the
public records request was determined.
Going forward Mrs.Maline will redline all areas where new comments are added.
On a MOTION by Mrs.Schewitz and a second by Mrs.Aitken head,the minutes as amended
were unanimously approved by the Board.
FLORIDA FISH AND WILDLIFE PRESENTATION
Jane Johnston from the Florida Fish and Wildlife Commission,accompanied by Lt. ='-Dodd
B3tiI,ger made a presentation to the Board on the Key Marco wildlife. Daily they speak with
people about the conflicts they are having with wildlife_; The biggest predators are the bobcats
and coyotes,as well as raccoons,possums and armadillos.Key Marco is full of these wild
animals,and it is important that they do not have human related food sources,so trash must be
locked up in a secured area. Pets should never be fed outside,and if they have to be,the bowls
should be brought in after use. Bird feeders can also draw wild animals into the neighborhood.
Pets can look like a food source by some of the larger predators,such as coyotes and bobcats.
Feeding wildlife in the State of Florida is a misdemeanor and you can be fined up to$500 and
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jail time of up to a year. Feeding them is considered to be more of a threat to than speeding
vehicles.
Wave,yell and stop to scare away these bigger predators,as they are not afraid of cars or
people.Additionally,when humans feed wildlife,they are able to reproduce at a higher rate.
Problems between neighbors related to feeding wildlife can be handled through the individual
Rules and Regulations of any community.
It was not recommended that rats be poisoned,but a hosted area far from one's home where
the rats,snakes and so on can find food is a good alternative to having them come to your
home. A nesting box for owls can be prepared and they help keep the rat population down.
Snakes will help keep the rodent population under control as well.
If poisoning is necessary,it was recommended that the directions are followed exactly. The
food chain is an issue,and it is important to be careful of inadvertently poisoning another
animal by mistake.
Iguanas have been prevalent,and they are an exotic animal,not native to the area,and they do
damage to other animals and plants,and it is best to humanely kill them as they are prolific
breeders.
Lieutenant* Ault ar added that Key Marco will occasionally get a panther ora bear,and bears
are the biggest problem as they are attracted to trash and bird feeders. If a python is seen the
wildlife office should be called immediately for removal. Dispatch will answer calls 24/7.
Mrs.McFarland indicated that the bobcats are very unafraid on Key Marco,and the Lieutenant
indicated that he will send the verbiage to Key Marco as it relates to wildlife feeding,and
officers will come out and issue a citation if people do not follow the State law. There are
wildlife trappers in the area that will come and trap animals as a last resort.
The members of the Fish and Wildlife Commission were thanked for their attendance.
SPECIFIC ITEMS OF OLD BUSINESS
C. Gatehouse
1. Mrs.McFarland noted that they pay$45 a week for C3 to come and maintain the blue pots
at the gatehouse. Mrs.Grado felt that too much money was being spent and the planters do
not look good,and their color does not go with the theme of the gatehouse. The Board agreed.
Mrs.Maline will prepare information on alternatives to C3 as it relates to the planters at the
gatehouse and bring it to the Board at the next meeting.
2. Mrs.Maline spoke to Erin who advised that she would reach out to some of her colleagues
and get back to Mrs.Maline about the Master Gardeners.
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3. Two delivery dates from the tile company for the gatehouse roof were ignored,but they
have indicated that they will be at Key Marco today.The ridgelines were installed,and the dry
In permit inspection from the City has been done.
4. The gate arms and control boxes are rusted,and Mrs.Malines suggested that they replace
the moving mechanism with stainless steel.Cypress Access will be providing a proposal for this.
It was suggested that CRC be sprayed on it,and that will be looked into as well,
A. Street Light Project
Mr.DiPrato did not feel that he had sufficient information to make a presentation to the Board
at this point.Two quotes have been received. One was nonresponsive and too expensive,and
the other did not provide any statement of work.
The electric company is forcing compliance with the street light situation,and their electric
costs have been reduced by 80 percent at this point as the CDD is no longer leasing unnecessary
equipment. At least one and maybe two of the metered boxes must be replaced. An RFQ will
probably not be needed,as the cost will be under the threshold.
Mrs.McFarland agreed that it was important to determine what the community as a whole
would be comfortable with regarding lighting.
Mr.Urbancic will provide his legal opinion in writing about the street lighting,and indicated
that the question in an accident lawsuit would be whether the District breached a duty,in this
case to provide sufficient lighting,and was that breach the proximate cause of the accident. As
a CDD,Key Marco enjoys the benefits of Sovereign Immunity,so exposure in an accident would
be$200,000 per incident and$300,000 per individual. The District's insurance company also
covers this type of event.The difficulty is that some people could find negligence in any
situation.
Mr.Kerins noted that there is nothing in the state laws that he could find requiring street lights,
nor is there any for the City of Marco.
After discussion,it was agreed that the lights would remain on at the bridge,the gatehouse and
the"T". The community will be advised of the Board's decision,and Mr.Urbancic will provide
his written opinion to the Board.
Reflective paint can be put on the roadways as well,and a light will be put on the Key Marco
sign at the front.
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B. Landscape Maintenance
Landscape Florida,the company that Mrs.Maline and Mrs.Kerins are leaning towards,does
everything but liquid fertilizing,but they do biological fertilizing. This covers everything except
fire ants and whitefly.They have a five person-five-person crew,and come in every other week.
Duvall was
too expensive,and Crawford was too expensive as well.
The area of San Marco as noted on the Landscape Florida bid will be checked to see who has
responsibility for that section,and after discussion it was agreed that two separate contracts
can be written for the CDD and the HOA's properties,and this will be presented at the April
meeting.
Mrs.Grado suggested that they relook at dissolving the CDD,and a member of the public
indicated that there are no public funds that are often referred to,as all the funds are the
same. Mrs.McFarland suggested that a document could be prepared to be signed by Mrs.
Maline as the District Manager that no public funds are being spent on private entities.
Mr.Urbancic noted that an agreement could also be put in place between the HOA and the
CDD where the HOA agrees to maintain everything,as they have fewer restrictions on their
funds.
The reverse cannot be done. This suggestion will be discussed further.
Mrs.McFarland reminded those present that there should be no more issues that anyone has
approval to seek the opinion of Board counsel regarding the CDD other than supervisors.Mr.
Urbancic was not aware of any other issues.
D. New Construction CDD/ARC Requirements
It has been suggested that a policy should be set that nothing should be put on the 30 feet
belonging to the CDD in front of homes,but rather items such as building material and-porta-
potties should be kept on the homeowner's property.
Mr.Urbancic suggested that they coordinate this with the ARC and ask them to put in a line
item to this effect in their rules. It was agreed that this would be done,and on a MOTION by
Mrs.McFarland and a second by'^",Mrs.Aitken head the Board agreed that they would
contact the ARC and ask that this item be put on the ARC list of rules.
Mrs.McFarland reminded the residents that any small signs,such as address signs,be kept off
the CDD property as well.
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E.and F.Ground Lease Agreement Termination/New Agreement
Mr.Urbancic and Mrs.McFarland went through the new agreement the previous day. Mr.
Urbancic summarized it,giving the background on this agreement and that the CDD the option
of an easement over a portion of the HOA property to get to their pond and pumping
equipment,as well as an easement with respect to the use of the Community Center facility.
Mr.Urbancic felt that it was a workable agreement,with a few clarifications as to what the
easement area would be. It will also have to be determined whether this new agreement
would be perpetual or for a term of years.
(Mr.Krutisch's comments were not able to be heard.)
The CDD will do the maintenance landscaping at the Center building. Mulching is not included.
The different tracts were shown on the map,and the areas that the CDD would maintain were
delineated as far as mowing only,and the areas that will be planted. (Overtalk)
Mr.Urbancic felt that there waswere no legal issues with this decision,but suggested that the
definition of terms on the property be cleaned up,and he will make the agreement effective as
of March 313:.
The document will be provided to all the Board members,who will review it. At the same time
Mr.Urbancic will make the minor changes and those will be provided to the Board members as
well.
SPECIFIC ITEMS OF NEW BUSINESS
A. Temporary Speed Bumps
This item was deferred to April.
B. Photography for Interior of Gatehouse
Mrs. Maline ordered some large,canvas copies of student photographers'pictures,and they
will be installed within a short period of time. The cost was$609.00.
C. Gatehouse Post Orders
Mrs.Maline asked that the Board members go through the post orders and suggest any
changes4e-hersoit-an be.4^^' e to be rev,ewed at the April meeting.
DISTRICT COUNSEL
A. Lease Employees
Mrs.Maline presently does not fall under any of the District's insurance policies,as per the
District's insurance agent. Mrs.Ma line is covered under the HOA policy for$50,000 per
occurrence._Mrs.McFarland suggested that they split the two bank accounts into$500,000
each,but Mrs.Maline would still not be covered.
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Mr.Urbancic suggested that they challenge the insurance company,as Mr.Maline is a member
of the Board as secretary. (Overtalk) Otherwise,the HOA will have to increase their coverage
for her. Conversely,Mrs.Maline could be removed as a signatory and after discussion,it was
agreed that this would be done.
Mrs.McFarland briefly described the process by which invoices are paid by Inframark after it
has been approved by their account manager,Mrs.Maline and Mrs.McFarland.
The signatories on the two accounts will be changed to Mrs.McFarland on both,and Mrs.
Aitkenhead on one and Mrs.Schewitz on the other.
JANUARY FINANCIAL STATEMENT
The"Other Miscellaneous Revenue"line item has not yet been removed,and in February it
will be noted under Electric as a credit.
Mrs.Maline expressed concern about the irrigation costs,and agreed with Mr.Krutisch that
another well is needed.
Mrs.McFarland noted that the total expenditures line item,year-to-date actual,through
January 31 was$250,000,and the year-to-date budget is$236,000,so they are over budget by
$14.000. $10,000 of that is water usage.
B. Annual Financial Audit
Two comments were noted by the auditor;one being approving expenses without proof of
payment,and a credit card will be Issued to Mrs.Maline for CDD purchases only,such as office
supplies.
Mrs.Maline will take care of getting an American Express corporate card for this use.
-Secondly,a system needs to be put in place for Inframark to confirm reimbursements paid for
the CDD. All invoices will go through Inframark for the CDD,and those that are split should be
sent to Mr.McFarland with proof of payment for the last 12 months. This will be implemented
going forward.
On a MOTION by Corrie Grado and a second by Luanne Kerins,the Annual r Inancial Audit for
the 2017-2018 Fiscal Year was unanimously accepted by the Board.
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C. Square Update
This item will be addressed at the April meeting.
DISTRICT MANAGER REPORT
A. FEMA Update
All eight projects have been obligated,and a figure of S176,707.32 is expected in grant money.
Some funding has already been received for a total of$116,680.00 as of February. There was a
discrepancy in the financials as to what has been received,and Mrs.Maline will check on that.
B.Statewide Mutual Aid Agreement
This agreement has been executed and is on file.
SUPERVISORS REQUESTS AND COMMENTS
A. Three Way Stop Sign at Whiskey Creek
This was a recommendation by Pierre Narath who has seen a possible danger at this
intersection,and this way people will have to come to a stop. After discussion,it was agreed
that Mrs.Maline will bring a suggestion for a sign to the Board at the April meeting. Any
suggestions were asked to be sent to Mrs.Maline.
B. Ratify Special Events
Mrs.Maline received requests for the following two events,and made the decision to allow
them to take place. They were the Tour de Marco on February 24,and the Marco Half
Marathon on March 17. Both of them took place before today's meeting.
C. Special Events Policy
It was agreed that a policy needed to be put in place to deal with these event requests. It was
suggested that two events a year be allowed,and on a MOTION by Mrs.Schewitz and a second
by Corrie Grado,the two event two-event limit per year was unanimously approved by the
Board. Mr.Urbancic will bring a Resolution to the Board at the April meeting for signature to
modify
Resolution 2013-1 on this issue.
Mrs.Maline added for the Board that there were no complaints at the first event in February,
and they left the area spotless. The second event the previous week had a complaint from one
person with many different items,and they have already been addressed with the organizer,
one of them being the loudspeakers at the gate early in the morning. A letter of provisional
acceptance will be sent to them next year.
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On a MOTION by Mrs.Schewitz and a second by***Cor rie Grade,the Board unanimously
approved the release of the deposits on both of these events.
D.$9,000 Mulching Bill
Only supervisors are allowed to spend money on Key Marco,but Mrs.Maline has the ability to
approve by Resolution anything under$5,000. Mrs.Maline clarified that this item was
approved in the budget,and asked if it still had to be brought back to the Board for approval
again. Mrs.McFarland noted that a budget is a system to determine the annual assessment,
but does not give approval for spending money.
All three parts of the Resolution on this issue must be met,and in this case,it would have to be
a line item in the budget for$5,000 or less that Mrs.Maline could approve.
On a MOTION by Mrs.McFarland and a second by Mrs.***the Board unanimously approved
the payment of the$9,000. It was reiterated that the Resolution will be followed in the future.
AUDIENCE QUESTIONS AND COMMENTS
In response to Mr.Krutisch's question about some work needed on the streets,at the April
meeting four infrastructure items and costs will be discussed.
Mr.Urbancic advised that the preliminary budget needed to be adopted by June first. The
budget hearing for adoption will be in July,so the preliminary budget will be prepared for the
April meeting and a resolution accepting it will be passed at that time.
FOLLOW UP LIST
This item will become a part of the minutes going forward.
1 Mrs.Maline and Mrs.Grado will work together to find alternatives to C3 for the container
plantings at the gatehouse and will present their findings at the April meeting.
2 Master Gardener follow up.
3.Gatehouse Roof Status
4. Gatehouse arms and control boxes
5. Update on street lighting.
6. Separate Landscaping Contracts for CDD and HOA
7. Voting on new Lease Agreement with HOA
8. Suggestions for Street sign at Whiskey Creek.
9. Resolution prepared by Mr.Urbancic regarding twice a year limit on events at Key Marco.
ADJOURNMENT
With the agreement that the next meeting would be held on April 17th at 8:30 a.m.,the
meeting was adjourned at 10:50 a.m.On a MOTION by Mrs.***and a second by Mrs.
McFarland.
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•
Simmonds Electrical of Naples, Inc.
8981 Quality Rd Unit 1 Ph: (239)643-2770
Bonita Springs,FL 34135-7278 STREET LIGHTING•UTILITIES•GENERATORS Fax:(239)643-6873
INDUSTRIAL AND COMMERCIAL
Estimate and Contract
Key Marco Community Development District March 25,2019
505 Whiskey Creek Drive Quote#: 1815538R
Marco Island,FL 34145
Ph: (239)394-4346
Attn: Ms.Katie Maline
We hereby submit specifications and estimates for: Key Marco Street Light Electrical for existing Poles.
Service 1: Furnish&Install electrical as outlined in E-1,E2 and E3 of REDI drawings. $79,907.00
Service 2:Upgrade Existing electrical service per REDI drawings. $5,550.00
Service 3: Furnish&Install electrical as outlined in E-1,E2 and E3 of REDI drawings. $86,191.00
Service 4: Furnish&Install electrical as outlined in E-1,E2 and E3 of REDI drawings. $84,502.00
Service 5: Furnish&Install electrical as outlined in E-1,E2 and E3 of REDI drawings. $84,502.00
Service 6: Furnish&Install electrical as outlined in E-1,E2 and E3 of RED!drawings. $52,742.00
Total Material and Labor $393,394.00
Landscape restoration not included.
We hereby propose to furnish the above complete in accordance with the above specifications for the sum of
Three hundred ninety three thousand three hundred ninety four and no/100'Dollars.
Payment to be made as follows: In Full Upon Request
It is the responsibility of the purchaser/owner to provide adequate access to the job site. If during the course of the
job it becomes necessary to traverse sidewalks,driveways,grass or sod,flowerbeds,sprinklers,etc. Every effort will
be made to avoid any damage. Should breaks occur as a direct result of our machinery,repairs may be made at
additional cost to the owner.
All material used in this contract is guaranteed to be as specified,and the entire job is to be done in a neat and
substantial manner.Any alteration or deviation from the specifications herein agreed upon involving extra cost of
labor and material will be executed upon either a written or verbal order for same,and will become an extra charge
over the sum mentioned in this contract. Purchaser agrees to pay interest charges of 1 1/2%per month which is an
annual rate of 18%.In the event payment is not made,purchaser agrees to pay all costs and expenses of collection
including interest and attorney's fees. Estimate valid for 30 days.
Signed by
ACCEPTANCE OF ESTIMATE
The foregoing terms,specifications and conditions are satisfactory,and the same are hereby accepted and agreed
to,and hereby authorize you to execute the same.
Date Signed by
I AN I)SC:APF
I Low LANDSCAPE FLORIDA
GROUNDS MAINTENANCE AGREEMENT
#1190025
This agreement as dated is between Paid monthly to Landscape Florida:
"Landscape Florida"and"Key Marco CDD" $8,428.25 Per Month
Thereafter referred to as"Client." CDD-Whiskey Creek&Blue Hill Drive
This agreement shall be for the The billing address is as follows:
Key Marco CDD Key Marco CDD
Whiskey Creek Drive CIO Katie Maline
Marco Island,FL 34145 505 Whiskey Creek Drive
Marco Island,FL 34145
Contact:Eric Evans Contact Person:Katie Maline
Phone#:(239)643-6124 Phone 4:(239)394-4346
Fax#:(239)643-6413 Mobile#:(239)784-5110
Email: Friel:a Land scaocl'lorida.com Email:kat ie ii;mannuerke marcohoa.or2
ClienlRcquest,'a Land wane l'Ion da.c(An
"Phis Agreement shall run for a period of l -exa{} rs,❑two(2)veers!- -ttthea. This Agreement shall commence on Mav 1,2019 and shall
expire on April 30,2021 in accordance with the terms and conditions of this Agreement and any written addenda.
PERFORMANCE DESCRIPTIONS&CONTRACT SERVICES PROVIDED BY LANDSCAPE FLORIDA:
PLANT MATERIAL CARE: All plant material will be maintained in accordance with Landscape Florida's standards set forth below. Any
deviation from Landscape Florida standards for trimming,pruning,and the cutting or treatment of turf must be agreed in writing between the Client
and Landscape Florida. Services are not provided to internal courtyards, lanais or for potted plant materials unless specifically included in the
agreement.
MOWING: Landscape Florida will mow turf to maintain a proper height of 3 '/2 to 4 %] inches, dependent on seasonal conditions. During the
summer, growing season of April thru September, the turf will generally be cut every week. During the spring and fall months of October and
March,the turf will be cut generally three(3)times per month. During the winter months of November thru February,the turf will be cut twice a
month. The above listed frequencies serve as a general guideline.Mowing activities are performed"as needed"and as horticulturally appropriate.
Landscape Florida will use a sharpened mower blade at all times to insure a clean and even cut,with turf height maintained at a height between 3 ''A
to 4/2 inches at all times.
EDGING&BLOWING(Sidewalks,roadways,etc.):Landscape Florida will perform edging at every visit,using conventional edging equipment.
Soft edging(tree wells,shrubbery beds,etc.)will be performed with every other mowing using mechanical edgers. Hard surfaces will be blown off
at each visit and following pruning activities.
PRUNING&SHEARING:Landscape Florida will use its best efforts to maintain uniform plant appearances,use proper horticultural practices for
all ornamental shrubs,and maintain existing ground covers.Flowering ornamentals such as Ixora,Plumbago,Hibiscus will be pruned as needed in
effort to allow the plant material to flower properly. Ornamental plantings such as Ficus,Coco plum,Podocarpus and Eugenia will be mechanically
sheared. Landscape Florida will trim the various types of ornamental plantings throughout the year at the time that best promotes correct
horticultural growth and helps maintain a neat and natural appearance while promoting a healthy plant.
TREE CARE:Landscape Florida will lift trees(up to 14 feet)on an"as needed"basis throughout the year,with regular monitoring between heights
of 7 feet to 14 feet for dead limbs and sucker growth. Tree care will conform to applicable county codes. "Structural pruning"as performed a by
Certified Arborist is not included in this proposal but can be provided upon request.Citrus tree varieties are not covered under this provision.Annual
native cleaning not included but available for additional fee.
PALM TRIMMING: Landscape Florida will remove dead and dying fronds and seedpods up to reachable heights(14 feet)from the ground with
pole trimmer. Palm trimming will conform to applicable county codes. Landscape Florida will provide a palm trimming proposal above 14 feet as
an extra service.
WEED CONTROL BEDS & HARDSCAPES: Landscape Florida will perform weed control regularly throughout the term of this Agreement,
using its best efforts to maintain the beds substantially weed-free at all times,provided there is a sufficient amount of ground cover base(mulch,pine
straw,etc.)at a depth of 1 Y2 to 2 inches.Substantially weed-free beds are not guaranteed if parties other than Landscape Florida install ground cover.
The four methods of weed control landscape Florida will use in planting beds are proper mulching, the application of pre and post emergent
herbicide,and manual removal.
WEED CONTROL LAWN:Landscape Florida will use its best efforts to maintain lawns substantially weed-free at all times. It is understood
M2-10-10-09
and agreed that certain weedy grasses such as crabgrass,Bermuda grass and carpet grass are not 100%chemically controllable. Landscape Florida
agrees to treat such grasses chemically to the extent allowed by environmental laws but does not guarantee the elimination of these weeds. It is also
agreed that certain infestations of undesirable grasses may require replacement of sod to repair the affected area(s) as an additional service.
Landscape Florida will not be responsible for excessive weed growth if the irrigation system is managed,maintained,adjusted,or tampered with by
others.
IRRIGATION:Landscape Florida will perform a monthly inspection of the entire irrigation system to ensure that proper coverage is being supplied
by the system. Landscape Florida will perform all routine maintenance, including cleaning of screens/heads, adjustments, etc. Any damages
resulting from maintenance operations by Landscape Florida will be repaired at no additional cost. Repairs to valves,filters,spray heads,rotors or
other components(line breaks and wire tracking not included)completed at the time of the monthly inspection,will be billed only for parts and not
for additional labor. Repairs other than those made during routine scheduled irrigation system maintenance visits will be billed at($55)per man-
hour plus parts and any required components. After Hours Emergency Calls Billed at($82.50)per hour with a 3-hour minimum. Our irrigation
services do not include the inspection or maintenance of the water supply,well or pump station.Should Landscape Florida have to wait more than 48
hours for approval of irrigation system repairs,Landscape Florida will not be responsible for the replacement of any turf or plant materials. If the
irrigation system is operated by others,Landscape Florida is not responsible for losses to landscape materials.landscape Florida is not responsible
for utility bills associated with irrigation system failures and repairs.
FERTILIZING:Landscape Florida will utilize different types of complete fertilizer through its researched special formulas. Turf will be fertilized
four(4)times annually with ornamentals(unless specified otherwise in this Agreement),trees and palms fertilized three(3)times annually(unless
specified otherwise in this Agreement). Landscape Florida reserves the right to change any formula of fertilizer due to weather,soil conditions,or
specific plant requirements.In a county or municipality with an adopted fertilizer ordinance,the local ordinance shall prevail and serve as a guide to
nutrient selection,applications and timing or frequency.
INSECT CONTROL: Landscape Florida will perform insect control services on an"as needed"basis to reduce insect infestations in ornamental
plantings and turf areas. Landscape Florida will not provide a blanket spray program;rather it will treat affected turf and shrubs to keep insects to a
manageable state,which can help reduce the harm to turf and ornamentals. Landscape Florida cannot guarantee the control of all harmful insects due
to the possible existence of chemically resistant strains and environmental restrictions governing the use of pesticides. If additional spraying or
changes in treatment are required to control any infestation,the Client will be notified and charged per application.Preventative treatments for pests
such as spiraling or liens whitefly are provided for an additional fee.
SEASONAL SERVICES:Annual Bedding plants,bed solarization,mulch,and tree trimming above 14 feet&arbor care are additional services and
are available from Landscape Florida at an additional cost. However, Landscape Florida will maintain bedding plants furnished and installed by
Landscape Florida.
INSPECTIONS: Landscape Florida staff will conduct regular visits to review the health and tidiness of the landscape. A walk-through between
Landscape Florida and a designated contact with the contracted client can be arranged upon request.The designated contact(s)are:Katie Maline of
Key Marco CDD and Landscape Florida's Contact will be Eric Evans and Landscape Florida's Client Request System.
SITE CONDITIONS:This Agreement is valid solely for plant material and irrigation systems existing at the time of this Agreement. If additional
plant material or irrigation systems are added to those in existence at the time of Execution of this Agreement,Landscape Florida reserves the right to
amend this agreement and increase the monthly billing amount to reflect the additional cost of services performed. Landscape Florida docs not
provide services to private lanai or screened in locations. Landscape Florida does not provide reimbursements for expenditures made without our
approval.Any damages to property(lighting,screen cages,etc)must be reported for review and any reimbursements must expressly pre-approved by
Landscape Florida.
FUEL SURCHARGE: In the event Landscape Florida's price for mid-octane gasoline shall exceed$4.00 gallon,a fuel surcharge of one percent
(1%)will be added to the monthly service and will remain in place until the price of mid-octane gasoline falls below$4.00 per gallon.
STORM DAMAGE: In the event of storm or hurricane damage,Landscape Florida will provide landscape clean-up and horticulture correctional
services as an additional service.
WARRANTY:Landscape Florida will replace,at no additional cost,any plant material or turf grass that succumbs due to negligence on Landscape
Florida's part during the term of this Agreement. Plants that succumb from old age or causes other than Landscape Florida's negligence are not
covered under Landscape Florida's Warranty. Landscape Florida will not be responsible for any turf,ornamentals or trees that die if Landscape
Florida is not in exclusive control of the irrigation system. Landscape Florida is not responsible for any power surges that may affect,in part or in
total,the irrigation system. Landscape Florida is not responsible for damages done by other individuals,owners,employees or any contractor hired
by the client,etc. Landscape Florida is not responsible for damages or delays due to Acts of God such as hurricane,wind,storm,lightening,rain,
frost,freeze,etc.(precautions to prevent frost damage such as the covering of annuals can be done by Landscape Florida as an additional service).
Landscape Florida neither makes nor implies any warranty as to the performance of any of the products to be used on lawn areas,shrubs or trees.
Should Landscape Florida's monthly landscape management contract be terminated all warranties on materials provided and installed by Landscape
Florida are considered null and void.
2
218261.4 10/21/20059
CONTRACTOR'S PERSONNEL: All Landscape Florida personnel shall be considered to be at all times the sole employees of the Landscape
Florida,under our sole control and direction and not an employee of the Client.Landscape Florida shall provide competent personnel trained in the
care and maintenance of horticultural materials.Landscape Florida shall provide an Account Manager to oversee and direct our on-site foremen and
their crew and activities. Staffing levels, frequencies,seasonal adjustments and scheduling is at the sole discretion of Landscape Florida and will
fluctuate throughout the year.All Landscape Florida personnel will be uniformed,clearly identifying them as a member of our staff and will be as
clean and neat as working conditions permit.All employees of Landscape Florida will be compliant,at all times,with all applicable State and Federal
laws and Landscape Florida hereby holds Client harmless against any claim resulting from any non-compliance or violation.Contract is not based on
assigned crew sizes and staffing levels and scheduling of services are provided at the sole discretion of Landscape Florida and may fluctuate
seasonally and based on activities performed. Service interruptions caused by conditions outside of Landscape Florida's control (rain, lightening,
property access,etc)may impact scheduled visits and missed time is not guaranteed to be replaced.
INDEMNIFICATION:Landscape Florida will only indemnify Client for any damages,claims,or causes of action arising from gross negligence or
willful misconduct on the part of Landscape Florida,its employees,sub-contractors or agents.
STANDARDS: The parties agree that Landscape Florida will have complete discretion as to all horticultural decisions.Maintenance standards vary
by plant material,season,climate zone&application.Landscape Florida's Standards are based on the services,management activities,products and
frequencies indicated in this contract form and the attached Schedule of Services.
PAYMENT TERMS: Monthly invoices will be rendered on the first of each month and arc due within 30 days of the invoice date. A finance
charge,to the maximum extent allowed by Florida law,will be applied to invoices not paid within 15 days of the due date. If payments are not made
within 15 days of the invoice due date,Landscape Florida reserves the right to terminate this Agreement,without notice,and it is agreed that any
agreement for services or product and associated limited guarantees for such,will be null and void. Any agreed upon waiver of a time limit in the
payment terms on any invoice shall not equate to a waiver of payment terms for any other current or future invoice.
INSURANCE: Landscape Florida will maintain throughout the term of this Agreement general liability insurance,broad form contractual liability
insurance, and Workers Compensation insurance to meet statutory requirements. Landscape Florida shall provide no less than $1,000,000.00
combined limit insurance coverage. At the Client's request, Landscape Florida will furnish a Certificate of Insurance describing all insurance
coverage in effect.
TERMINATION: This Agreement may be terminated for cause(reasonable documented dissatisfaction with performance)with a 60-day written
notice,delivered registered mail return receipt by either party. If the Agreement is terminated before the full contract term,any invoices owed to
Landscape Florida at the time of termination will become immediately due and payable(Late Fees and Finance Charges may apply.) Both parties
agree to meet 60 days prior to this agreement's natural expiration to negotiate renewal and possible increases in contract value.
DISPUTES: Any controversy or claim arising out of or relating to this Agreement,or breach thereof,shall be adjudicated in Collier County,Florida
courts and in accordance with Florida law. The prevailing party shall be entitled to recovery of their entire amount of attorney's fees and costs.
GENERAL: This Agreement is based only on the execution of services as defined in this Agreement. Services other than those defined in this
document are additional services not included in this Agreement. Additional services are to be ordered and agreed to separately. Additional services
will be billed in addition to the monthly contracted amount. Care of specialty plant materials (citrus, edible plants, orchids,roses, etc) are not
included.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties,and no representation or other commitment,
whether oral or in writing,not included herein shall constitute a part of this Agreement.
AMENDMENT: This Agreement may be amended only by an agreement in writing executed by both parties.
SEVERABILITY:In the event that any provision of this Agreement should be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not affect the validity or enforceability of any other provision hereof.
•
This proposal,#1190025 created 4/1/19 may be withdrawn if not accepted with 30 days.
Authorized Signature Date Landscape Florida Date
Print Name/Title Print Name/Title
3
M2-10-10-09
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LANDSCAPE MAINTENANCE AGREEMENT
THIS LANDSCAPE MAINTENANCE AGREEMENT(this"Agreement")is made and entered
into this day of , 2019, by and between KEY MARCO COMMUNITY
DEVELOPMENT DISTRICT,a local unit of special purpose government established pursuant to Chapter
190,Florida Statutes,being situated in the Collier County,Florida(the"District")and
,a (the"Contractor").
WITNESSETH:
WHEREAS,the District was established by ordinance of the Board of County Commissioners of
Collier County,Florida,for the purpose of planning,financing,constructing,operating and/or maintaining
certain public infrastructure improvements, including surface water management systems, roadways,
landscaping,and other infrastructure within the Key Marco community;and
WHEREAS,included within the maintenance responsibilities of the District is the responsibility
to maintain landscaping and an irrigation systems within its boundaries;and
WHEREAS,the District desires to employ the Contractor to provide landscape and irrigation
maintenance services for lands within the District;and
WHEREAS,the Contractor,through its proposal and has represented that it can provide such
services as required by the District;and
WHEREAS,the District desires to employ the Contractor as an independent contractor to provide
the services described herein for the compensation and upon the terms, conditions and provisions
hereinafter set forth.
NOW,THEREFORE,the parties agree as follows:
1. RECITALS. That the above recitals are true and correct and are incorporated herein.
2. DESCRIPTION OF WORK AND SERVICES.
A. The District desires that the Contractor provide professional landscape and
irrigation maintenance services of the very highest quality. Following the execution of this Agreement by
both parties,the Contractor shall provide the District with the specific services identified in this Agreement
commencing as of ,2019("Commencement Date").
B. While providing the services identified in this Agreement, the Contractor shall
assign such staff as may be required,and such staff shall be responsible for coordinating,expediting,and
controlling all aspects to assure completion of the services. All work to be performed within the scope of
these specifications contained herein shall be strictly managed,executed,and performed by the Contractor
using experienced personnel.
C. The Contractor shall provide the specific professional services as shown in
Paragraph 3 of this Agreement.
3. SCOPE OF LANDSCAPE MAINTENANCE SERVICES. The++ecl:h and monthl+
duties, obligations, and responsibilities of the Contractor are those described in the Scope of Services
attached hereto as Exhibit"A" attached hereto and made a part hereof(the"Work")and those other
1
obligations set forth herein. Contractor shall solely be responsible for the means,manner and methods by
which its duties,obligations and responsibilities under this Agreement are met to the satisfaction of the
District.
4. MANNER OF CONTRACTOR'S PERFORMANCE. The Contractor agrees,as an
independent contractor,to undertake the Work and/or perform such services as specified in this Agreement
(including any addendum or amendment subsequently executed by the parties or in any authorized written
work order from the District issued in connection with this Agreement and accepted by the Contractor).
All Work shall be performed in a neat and professional manner reasonably acceptable to the District and
shall be in accordance with industry standards in Collier County,Florida. The performance of all services
by the Contractor under this Agreement and related to this Agreement shall conform to any written
instructions issued by the District.
A. Should any work and/or services be required which are not specified in this
Agreement or any addenda,but which are nevertheless necessary or reasonably inferred for the proper
provision of the Work to the District,such work or services shall be fully performed by the Contractor as
if described and delineated in this Agreement.
B. The Contractor agrees that the District shall not be liable for the payment of any
other work or services unless the District,through an authorized representative of the District,authorizes
the Contractor,in writing,to perform such work.
C. The District shall designate in writing a person to act as the District's
representative with respect to the services to be performed under this Agreement. The District's
representative shall have complete authority to transmit instructions,receive information,interpret and
define the District's policies and decisions with respect to materials,equipment,elements,and systems
pertinent to the Contractor's services.
t,I i _The District hereby designates the District Manager,or a representative of the
District Manager,to act as its representative.
3) t he Contracts r agrees to mxt \lith tit D ;trivi rcpres;ntati\e no Ics:.
than 1 )tuntcts)per monthand at the-r::que'a or the i)istric4-lo
mall: the property to discus; eondition; schedule. and items of concern Icr4udint tin:
Agrcouuent. Al that time-the-District‘+-ill-co atiiL a list of landscape maintenance related--nen
that should be pet tot ned helixe the n..st pzriodic m all: through. ,Note ii standinY. llw
+s.alhthrou he with lite-6..i4txisu-swibctnplat.d 1 this h ectiun.Contractor rcmoins reslxsn4hle
for snaking appropriate nseekln inspections oldie entire-p,operts-.-uhieet to the W`oFJ<
D. The Contractor shall use all due care to protect the property of the District,its
residents,and landowners from damage. The Contractor agrees to repair any damage resulting from the
Contractor's activities and work within twenty-four(24)hours of the damage occurring or receiving written
notice,whichever is earlier.
E. If requested, a representative of the Contractor shall attend meetings of the
District's Board of Supervisors to report on landscaping matters.
F. The Contractor shall replace,at the Contractor's expense,all plant material that,in
the opinion of the District fails to maintain a healthy,vigorous condition because of the Contractor's failure
to properly perform the Work specified herein. It is the responsibility of the Contractor to make a
reasonable effort to notify the District of any conditions beyond the reasonable control of the Contractor or
2
the scope of Work that may result in the damage and/or loss of plant material. This responsibility includes,
but is not limited to vandalism and/or other abuse of property.
5. COMPENSATION;TERM.
A. The term of this Agreement shall be from the Commencement Date through
September 30,2019(the"Tenn"),unless terminated prior to that time pursuant to the provisions set forth
herein. Thereafter, this Agreement will be automatically extended for additional one(1)year periods
pursuant to the terms hereof(hereinafter,"Annual Renewal Tenn")unless otherwise terminated or either
party provides written notice ofnon-renewal to the other no later than ninety(90)days prior to the expiration
of the Term or Annual Renewal Term,as applicable. Each Annual Renewal Term shall be on the same
terms and conditions as the immediately preceding Team or Annual Renewal Term,as applicable,unless
agreed upon in writing by the parties. (Commented Mtn]:I recommend tying to the fiscal year for
l budget purposes.
As compensation for the Work described in this Agreement, the District agrees to pay
Contractor as follows:
LANGUAGE OPTION 1
Contractor shall be paid by the District in monthly installments for services under this
Agreement For the initial Term of this Agreement(the period beginning on the Commencement Date and
ending on September 30,2019),Contractor shall be paid in monthly installments of
and No/100 Dollars($ .00). For the first Annual Renewal Term(the
period beginning of October 1,2019 and ending September 30,2020),Contractor shall be paid by the
District in monthly installment payments of and No/100 Dollars($
.00). Subsequent Annual Renewal Terms will be at the same monthly rate as the first
Annual Renewal Term unless otherwise agreed in writing by the parties.
LANGUAGE OPTION 2(MODIFY TO ADDRESS BID AS NECESSARY)
(1) Work Area No.2(Whiskey Creek Drive). For the portion of the Work performed by
Contractor in Work Area No.2(as defined in the Scope of Services),Contractor shall be paid
Dollars(5 .00) per annum, payable by the District in monthly
installments of Dollars($ .00).
(2) Work Area No.3(Blue Hill Creek Drive). For the portion of the Work performed by
Contractor in Work Area No.3(as defined in the Scope of Services),Contractor shall be paid
Dollars($- .00)per annum,payable by the District in
monthly installments of Dollars($ .00) Commented MO we will need to tailor to the proposal and
payment structure.
B. If the District should desire additional work or services,or to add additional lands
to he maintained, the Contractor agrees to negotiate in good faith to undertake such additional work or
services. Upon successful negotiations,the parties shall agree in writing to an amendment,addendum,
addenda,or change order(s)to this Agreement. The Contractor shall be compensated for such agreed
additional work or services based upon a payment amount acceptable to the parties and agreed to in writing.
Notwithstanding the foregoing or anything contained herein to the contrary,die lblioii in :crvirr r(MOM'
nines ai of debris alune and t\ithin al!landscaped and irrisated ureas shall be within the scope of Work and
are included in the Contractor's compensation set forth chore: cif prampt cicnnup GI dc'hds within and
trdtaeent-ie the tmidsctiped-and-nt:gnled area? atter':-ssi- des Fx sir..l i' -i+rsh+dine. isi!ho it limitation.
major Imimndc rms. tut tiadoes. or hurricanes_and (ii1 routilx, removal of debris ❑lour and within all
landr;capest and irrig4ned.+rea,.
3
Additional services such as mulching,+cr+gat-ir*t-sod laying,remedial landscape,em-the
planting of annuals(beyond those already defined as part of the Work),and cleanup of debris ca thin and
acjacenl to the landscaped and irrigated areas after major kind ceeits or storms. ineludin2. without
limitation.major thunderstorms.tornadoes,or hurricanes.can be provided by the Contractor. However,no
additional services shall be provided by the Contractor unless done at the direction of the District. Fees for
such additional services shall be as provided for in the Scope of Services or,if not identified,as negotiated
between the District and the Contractor.
C. The District may require,as a condition precedent to making any payment to the
Contractor,that all subcontractors,materialmen,suppliers or laborers be paid and require evidence,in the
form of Lien Releases or partial Waivers of Lien,to be submitted to the District by those subcontractors,
material men,suppliers or laborers,and further require that the Contractor provide an affidavit relating to
the payment of said indebtedness. Further, the District shall have the right to require, as a condition
precedent to making any payment,evidence from the Contractor,in a form satisfactory to the District,that
any indebtedness of the Contractor,as to services to the District,has been paid and that the Contractor has
met all of the obligations with regard to the withholding and payment of taxes,Social Security payments,
Workers'Compensation,Unemployment compensation contributions,and similar payroll deductions from
the wages of employees.
D. The Contractor shall maintain records conforming to usual accounting practices.
Further,the Contractor agrees to render monthly invoices to the District,in writing,which shall be delivered
or mailed to the District by the fifth(5th)day of the next succeeding month. These monthly invoices are
due and payable within fort} fis e+4?thjrty(30)days of receipt by the District. Each monthly invoice will
include such supporting information as the District may reasonably require the Contractor to provide.
6. WARRANTIES. The Contractor warrants that Work performed and all goods delivered
under this Agreement,shall be free from any defects in workmanship and material,and shall conform
strictly to these specifications. The Contractor further warrants that all the Work shall he performed using
Contractor's best efforts and shall be in conformance with industry standards for workmanship. By
executing this Agreement,the Contractor represents that it has examined carefully all of the contract
documents, acquainted itself with the site, and all conditions relevant to the Work, and has made all
evaluations and investigations necessary to a full understanding of any difficulties which may be
encountered in performing the Work pursuant to the Agreement. The Contractor acknowledges that the
Agreement documents are sufficient for the proper and complete execution of the Work.
7. SAFETY: The Contractor shall maintain an adequate safety program to ensure the safety
of employees and any other individuals working under this Agreement. The Contractor shall comply with
all applicable standards, rules, or regulations of the Occupational Safety and Health Administration
(hereinafter"OSHA")and all applicable laws,statutes,rules,regulations and orders. The Contractor shall
take precautions at all times to protect any persons and property affected by the Contractor's work under
this Agreement,utilizing safety equipment such as bright vests,traffic cones,etc.
8. INSURANCE.
A. The Contractor or any subcontractor performing the work described in this
Agreement shall maintain throughout the term of this Agreement the following insurance:
(I) Workers' Compensation coverage, in full compliance with Florida
statutory requirements,for all employees of the Contractor who are to provide a service under
this Contract,as required under applicable Florida Statutes AND Employer's Liability with
4
II
limits of not less than $1,000,000.00 per employee per accident, $500,000.00 disease
aggregate,and$100,000.00 per employee per disease.
(2) Commercial General Liability "occurrence" coverage in the minimum
amount of $1,000,000 combined single limit bodily injury and property damage each
occurrence and$2,000,000 aggregate,including personal injury,broad form property damage,
products/completed operations, broad form blanket contractual and $100,000 fire legal
liability.
(3) Automobile Liability Insurance for bodily injuries in limits of not less than
$1,000,000 combined single limit bodily injury and for property damage,providing coverage
for any accident arising out of or resulting from the operation,maintenance,or use by the
Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment
required to be licensed. Said insurance shall also to include insured/underinsured motorists'
coverage in the minimum amount of$100,000 when there are owned vehicles.
B. The District,its staff,consultants,agents and supervisors shall be named as an
additional insured on all policies required(excluding worker's compensation). The Contractor shall furnish
the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate
shall be acceptable to the District unless it provides that any change or termination within the policy periods
of the insurance coverage,as certified,shall not be effective within thirty(30)days of prior written notice
to the District. Insurance coverage shall be from a reputable insurance carrier acceptable to the District,
who licensed to conduct business in the State of Florida,and such carrier shall have a Best's Insurance
Reports rating of at least A-VII.
C. If the Contractor fails to have secured and maintained the required insurance,the
District has the right(without any obligation to do so,however),to secure such required insurance in which
event,the Contractor shall pay the cost for that required insurance and shall famish,upon demand,all
information that may be required in connection with the District's obtaining the required insurance.
9. INDEMNIFICATION/HOLD HARMLESS. The Contractor assumes liability for and
shall indemnify, defend and save harmless the District as well as its supervisors,members,employees,
officers, managers, agents, successors and assigns from any and all expenses, costs, claims, actions,
damages,losses and liabilities of every kind(including,but not limited to,reasonable attorneys'fees of
their attorneys)irrespective of the theory upon which based(including,but not limited to,negligence and
strict liability)arising out of the Contractor's presence within Key Marco for any purpose(including,but
not limited to,performing work under this Agreement)and arising out of the Work area and the condition,
operation ownership, selection, transportation, loading, unloading, security, leasing or return of any
equipment or individuals with respect to the above services regardless of where,how and by whom used or
operated and including,without limitation,injury to property or person(including death). This Agreement
also obligates the Contractor to indemnify and save harmless the District for any and all expenses,costs,
claims,actions,damages,losses,and liabilities of every kind arising out of any of the Contractor's or their
subcontractors at the site. The Contractor understands and agrees that it is obligated and shall indenmify
the District for damages and injury to persons and property caused in whole or in part by any act,omission,
negligence or fault of the Contractor and its subcontractor,agents,employees,officers,directors,successors
and assigns. The Contractor's obligation to indemnify and defend the District is absolute, including
instances where the District are found potentially liable,responsible or at fault and in those instances where
the District's own negligence or actions caused said damage or injury in part. Notwithstanding the above,
the Contractor shall not be required to indemnify and defend the District for damages found by a Court to
have been caused solely by the District gross negligence or the willful,wanton or intentional misconduct
of the District or their employees,officers,directors,successors and assigns.
5
The Contractor hereby acknowledges that the first$100.00,paid under this contract as sufficient
and valuable consideration from the District to the Contractor as specific consideration for this
indemnification. It is understood and agreed that this Agreement is not a construction contract as that term
is referenced in Section 725.06,Florida Statutes(and as later amended)and that said statutory provision
does not govern,restrict or control this Agreement.
10. COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall
keep,observe,and perform all requirements of applicable local,State,and Federal laws,rules,regulations,
or ordinances. If the Contractor fails to notify the District in writing within five(5)days of the receipt of
any notice,order,required to comply notice,or a report of a violation or an alleged violation,made by any
local,State,or Federal governmental body or agency or subdivision thereof with respect to the services
being rendered under this Agreement or any action of the Contractor or any of its agents, servants,
employees, or materialmen, or with respect to terms,wages, hours, conditions of employment,safety
appliances, or any other requirements applicable to provision of services,or fails to comply with any
requirement of such agency within five(5)days after receipt of any such notice,order,request to comply
notice,or report of a violation or an alleged violation,the District may terminate this Agreement,such
termination to be effective upon the giving of notice of termination.
11. LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor
employed,materials purchased,and equipment hired by it to perform under this Agreement.The Contractor
shall keep the District's property free from any construction,materialmen's or mechanic's liens and claims
or notices in respect to such liens and claims,which arise by reason of the Contractor's performance under
this Agreement,and the Contractor shall immediately discharge any such claim or lien. In the event that
the Contractor does not pay or satisfy such claim or lien within three(3)business days after the filing of
notice thereof,the District,in addition to any and all other remedies available under this Agreement,may
terminate this Agreement to be effective immediately upon the giving of notice of termination.
12. DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A
default by either Party under this Agreement shall entitle the other to all remedies available at law or in
equity,which may include,but not be limited to,the right of damages,injunctive relief,and/or specific
performance. The District shall be solely responsible for enforcing its rights under this Agreement against
any interfering third party. Nothing contained in this Agreement shall limit or impair the District's right to
protect its rights from interference by a third party to this Agreement.
13. CUSTOM AND USAGE. It is hereby agreed,any law,custom,or usage to the contrary
notwithstanding,that the District shall have the right at all times to enforce the conditions and agreements
contained in this Agreement in strict accordance with the terms of this Agreement,notwithstanding any
conduct or custom on the part of the District in refraining from so doing;and further,that the failure of the
District at any time or times to strictly enforce its rights under this Agreement shall not be construed as
having created a custom Many way or manner contrary to the specific conditions and agreements of this
Agreement,or as having in any way modified or waived the same.
14. SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the
heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as
expressly limited in this Agreement.
15. TERMINATION. The District agrees that the Contractor may terminate this Agreement
with or without cause by providing ninety(90)days written notice of termination to the District;provided,
however, that the District shall be provided a reasonable opportunity to cure any breach under this
Agreement by the District. District may,in its sole and absolute discretion,whether or not reasonable,on
6
thirty(30)days'written notice to Contractor,terminate this Agreement at its convenience,with or without
cause,and without prejudice to any other remedy it may have. Upon any termination of this Agreement,
the Contractor shall be entitled to payment for all work and/or services rendered up until the effective
termination of this Agreement,subject to whatever claims or off-sets the District may have against the
Contractor.
16. PERMITS AND LICENSES. All permits or licenses necessary for the Contractor to
perform under this Agreement shall be obtained and paid for by the Contractor.
17. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement
without the prior written approval of the other.
18. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement,
the Contractor shall be acting as an independent contractor. This Agreement does not create an
employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an
independent contractor under this Agreement and not the District's employee for all purposes,including
but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State
unemployment insurance law. The Contractor shall retain sole and absolute discretion in the judgment of
the manner and means of carrying out the Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this Agreement shall be those
of the Contractor,which policies of the Contractor shall not conflict with the District,or other government
policies, rules or regulations relating to the use of the Contractor's funds provided for herein. The
Contractor agrees that it is a separate and independent enterprise from the District, that it has full
opportunity to find other business,that it has made its own investment in its business,and that it will utilize
a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the Contractor and the District and the District will not be liable for
any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums. The Contractor shall not incur expenses on behalf of the District, enter into any
contract on behalf of the District,either written or oral,or in any other way attempt to obligate or bind the
District except upon the express prior written approval of the District.
19. PUBLIC RECORDS. CONTRACTOR understands and agrees that all documents of any
kind provided to the DISTRICT in connection with this Agreement may be public records,and,accordingly,
CONTRACTOR agrees to comply with all applicable provisions of Florida law in handling
such records, including hut not limited to Section 119.0701, Florida Statutes. CONTRACTOR
acknowledges that the designated public records custodian for the DISTRICT is Katie Maline("Public
Records Custodian"). Among other requirements and to the extent applicable by law, the
CONTRACTOR shall 1)keep and maintain public records required by the DISTRICT to perform the
Services;2)upon request by the Public Records Custodian,provide the DISTRICT with the requested
public records or allow the records to be inspected or copied within a reasonable time period at a cost that
does not exceed the cost provided in Chapter 119,Florida Statutes;3)ensure that public records which are
exempt or confidential,and exempt from public records disclosure requirements,are not disclosed except
as authorized by law for the duration of the Agreement term and following the Agreement term if the
CONTRACTOR does not transfer the records to the Public Records Custodian of the DISTRICT;and 4)
upon completion of the Agreement, transfer to the DISTRICT, at no cost, all public records in
CONTRACTOR'S possession or,alternatively,keep,maintain and meet all applicable requirements for
retaining public records pursuant to Florida laws. When such public records are transferred by the
CONTRACTOR, the CONTRACTOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored electronically
7
must be provided to the DISTRICT in a format that is compatible with Microsoft Word or Adobe PDF
formats. Failure of CONTRACTOR to comply with Section 119.0701, Florida Statutes may subject
CONTRACTOR to penalties under Section 119.10,Florida Statutes. Further,in the event CONTRACTOR
fails to comply with this Section or Section 119.0701,Florida Statutes,DISTRICT shall be entitled to any
and all remedies at law or in equity. The following statement is required to be included in this Agreement
pursuant to Section 119.0701(2),Florida Statutes:
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119,FLORIDA STATUTES TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT KATIE
MALINE C/O KEY MARCO COMMUNITY DEVELOPMENT
DISTRICT, TELEPHONE: (239) 394-4336, EMAIL:
KATIE@MANAGERKEYMARCOHOA.COM, AND MAILING
ADDRESS: 505 WHISKEY CREEK DRIVE, MARCO ISLAND,
FL 34145.
20. SEVERABILITY. In the event any term or provision of this Agreement be determined
by appropriate judicial authority to be illegal or otherwise invalid,such provision shall be given the nearest
legal meaning or be construed as deleted as such authority determines,and the remainder of this Agreement
shall be construed to be in full force and effect.
21. EXHIBITS. All of the exhibits attached to this Agreement,if any, are incorporated in,
and made a part of,this Agreement.
22. COMPLETE AGREEMENT. This Agreement(and any exhibits or proposals expressly
incorporated herein) constitutes the entire and complete agreement between the parties hereto and
supersedes all prior correspondence,discussions,agreements and understandings between the parties hereto
relating to the matters herein contained.
23. MODIFICATIONS. This Agreement may not be amended or modified in any manner
other than by an Agreement in writing signed by all of the parties hereto.
24. WAIVER. No waiver of any of the terms of this Agreement shall be valid,unless such is
in writing and signed by the party against whom such waiver is asserted. In any event,no waiver shall
operate or be constructed as a waiver of any future required action or of any subsequent breach.
25. CONSTRUCTION OF THIS AGREEMENT.
A. TITLES. The titles of paragraphs and sub-paragraphs are for reference purposes
only,and shall not in any way limit the contents,application or effect thereof.
B. ORDER OF PARAGRAPI IS. This Agreement shall be construed as a whole with
no importance being placed upon the order of the paragraphs as they appear herein.
C. PRONOUNS. Pronouns used herein shall refer to every other and all genders and
any word used herein shall refer to the singular or plural as required or appropriate to the context.
8
D. FLORIDA LAWS. This Agreement shall be construed,governed and interpreted
in accordance with the laws of the State of Florida.
E. NEGOTIATION OF AGREEMENT. The parties hereto have participated fully in
the negotiation and preparation hereof and accordingly,this Agreement shall not be more strictly construed
against one or the other.
F. INTERPRET TO BIND AND TO DO JUSTICE. This Agreement shall be
interpreted in a manner to uphold and enforce the binding effect of all provisions hcrcof and,at the same
time,to do justice to all parties in the event of doubt or ambiguity as to any term,expression or meaning.
G. THIRD PARTY BENEFICIARIES.This Agreement is solely for the benefit of the
District and the Contractor and no right or cause of action shall accrue upon or by reason,to or for the
benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or
implied is intended or shall be construed to confer upon any person or company other than the District and
the Contractor any right,remedy,or claim under or by reason of this Agreement or any of the provisions or
conditions of this Agreement; and all of the provisions, representations, covenants, and conditions
contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the
Contractor and their respective representatives,successors,and assigns.
26. NOTICES. All notices,demands,requests or other communications made pursuant to,
under or by virtue of this Agreement must be in writing and either hand-delivered, delivered by next
business day commercial courier(such as FedEx or UPS), or mailed through the Unites States Postal
Service,to the party to which the notice,demand,request or communication is made,as follows:
IF TO DISTRICT:
Key Marco Community Development District
c/o Katie Maline,District Manager
505 Whiskey Creek Drive
Marco Island,Florida 34145
IF TO CONTRACTOR:
do
Such addresses may be changed by written notice given to the address noted above. Any notice,demand,
request or other communication shall be deemed to be given upon actual receipt in the case of hand-delivery
or delivery by overnight courier,or two(2)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.
27. COUNTERPARTS. This Agreement may be executed simultaneously in two(2)or more
counterparts,each of which shall deemed to be original,but all or which together shall constitute one and
the same instrument.
9
28. VENUE,PREVAILING PARTY ATTORNEY'S FEES ANI)COSTS.In the event of
litigation arising out of either party's obligations under this Agreement,venue shall lie in Collier County,
Florida and the prevailing party shall be entitled to recover its attorney's fees and costs from the non-
prevailing party,including but not limited to trial level fccs,bankruptcy fees and appellate fees.
(Remainder of page intentionally left blank. Signatures appear on next page.)
10
IN WITNESS WHEREOF,the parties have executed this Agreement as of the as of the date
first written above.
DISTRICT:
KEY MARCO COMMUNITY
Attest: DEVELOPMENT DISTRICT
By:
Katie Maline,Secretary Maureen McFarland,Chair
Dated:
CONTRACTOR:
a
By:
Name:
Title:
Dated:
II
EXHIBIT"A"
SCOPE OF SERVICES
12
II
•
-1-
SECURITAS
Post Orders Post Duties
**1.0 Post Duties
Post Duties
Key Marco
Shift: 12 hrs Monday— Friday: 0630—1830 Firs(6:30 AM—6:30 PM)
Shift: 10 hrs Saturday—Sunday: 0630—1630 hrs(6;30 AM—4:30 PM)
Time Duties
Note this is a CDD
Remember we cannot deny access to any one obut we can gather
information before giving access,(le Photo ID)
At Shift Start 1. Review Log Book, Power up system. Sign in on register sheet.
2. Review any ncident reports and Daily Activity Reports from prior
shift.
1. The security officer is expected to be on their post at all times.
2. You will greet using the following: Good Morning or Good
Afternoon,Welcome to Key Morco How may I help you.
3. Any one using the guest gate must show photo ID to gain entry.
Onceverified in Cypress Access, Print pass and grant them entry.
Tell them to have a nice day.
4. If a resident does not have a bar code they must also show ID to
enter. Instruct them as to how they can obtain a bar code. If you
know they are a resident then grant them access.
5. Only the Collier County Sheriff's office, Florida Power and Light,
United States Postal Service, UPS, Federal Express or any other
commonly known package delivery service shall be granted
access with no pass required.
6. Security Officer will provide all residents and visitors with Access
and Passes
7. The officer on duty at this post shall comply with any other
reasonable request from the client
8. Each officer on duty will be responsible for keeping the guard
house neat,clean and presentable at all times.
9. Each officer assigned to this post shall, at all times,conduct
themselves in a courteous and professional manner. Officers will
not engage in lengthy conversations with the residents or their
guests.
-2-
SECURITAS
Post Orders Post Duties
10. Be Professional. Remember that a major part of the job here is
to exercise good judgement. Our goal is to make the
environment pleasant for residents and their guests. Our job is
to elicit cooperation, not demand compliance.
11. Officers must park in the assigned spaces.
12. Update the Daily Activity Report each hour—Please record all
activity during the hour. DO NOT write "all secure" or"all
normal activity"
13. Check the exterior of the gate house and gates to ensure the
entry ways are free of trash and debris.
14. Obtain ID from all bicycles and instruct to ride single file.
Instruct all bicycles and instruct to ride single file.
15. Instruct all historical visitors to remain on the main road and to
remain in their cars at all times.
16.Always issue a "do not park in the grass flyer"
17.We will attempt to alert the resident of FED/EX, UPS or Laser
Ship is going to the resident
18. If Bikers arrive after 730 we kindly explain they cannot enter Key
Marco because the guard house shuts down and safety becomes
a concern when it gets dark.
End of shift/ 1. Ensure office is clean and remove personal items
securing post 2. Update pass down log if needed
3. Lock gate house if at the end of the shift.
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PREPARED BY AND RETURN TO:
Jonathan Steszewski,Esq.
Goede,Adamczyk,DeBoest&Cross,PLLC
6609 Willow Park Drive,Second Floor
Naples,Florida 34109
NON EXCLUSIVE EASEMENT AND OPERATING AGREEMENT
THIS NON EXCLUSIVE EASEMENT AND OPERATING AGREEMENT(this"Agreement")
is made as of this day of _, 2019, by and between KEY MARCO COMMUNITY
ASSOCIATION, INC., a Florida not-for-profit corporation (the "Association") and KEY MARCO
COMMUNITY DEVELOPMENT DISTRICT,a community development district established and existing
pursuant to Chapter 190, Florida Statutes(the"District"). The Association and the District as sometimes
individually referred to herein as"party"and collectively as the"parties."
RECITALS
A. WHEREAS,the Association is a community association incorporated under Chapters 617
and 720,Florida Statutes as an organization which owns and operates certain community infrastructure and
amenity facilities located within the Key Marco community. The membership of the Association are
comprised solely of property owners within the District and all of the Key Marco property owners are
members of the Association pursuant to the Declaration of Protective Covenants, Restrictions and
Easements for Key Marco,recorded in Official Records Book 1570, Page 1747,of the Public Records of
Collier County,Florida,as amended and supplemented from time to time;and
B. WHEREAS,the District is a community development district formed pursuant to Chapter
190, Florida Statutes that has the authority to exercise powers to finance, fund, plan, establish, acquire,
construct or reconstruct, enlarge or extend,equip, operate, and maintain systems and facilities for roads,
water management, water supply, sewer, and street lights, among other powers, including all powers
necessary, convenient, incidental or proper in connection with any of the powers, duties, or purposes
authorized by Chapter 190,Florida Statutes;and
C. WHEREAS,the Association is the lawful owner in fee simple and is in possession of that
certain real property lying and situated in the Collier County, Florida, as more particularly described in
Exhibit"A"which is attached hereto and hereby incorporated herein(the"Property");and
D. WHEREAS, the District has constructed, established, and continues to maintain certain
utility improvements located within.underneath and on the Property(the"Improvements")and is the lawful
owner of the Improvements,and desires to continue to maintain,repair,and replace the Improvements as
the District may deem necessary from time to time,and the Association desires to authorize the District to
do the foregoing,pursuant to the terms of this Agreement;and
E. WHEREAS, the Association granted a license to the District pursuant to that certain
unrecorded License Agreement dated on or about October 20, 2011 entered into by and between the
Association and the District(the"License Agreement")for the purpose of granting the District the right to
utilize certain real and personal property owned by the Association. \\Inch License Agreement was
pre\iousk terminated;and
F. WHEREAS, the Association has granted aan unrecorded ground lease to the District
pursuant to that certain Ground Lease dated on or about December 28,2015 entered into by and between
the Association and the District(the"Ground Lease");and
G. WHEREAS,the Association and the District desire to terminateconfirm the termination of
the License Agreement and terminate the Ground Lease;and
H. WHEREAS,the Association has agreed to grant the District a non-exclusive easement to
have access the Improvements, as well as the other rights authorized pursuant to the terms of this
Agreement.
NOW,THEREFORE,in consideration of Ten and No/100 Dollars($10.00),the mutual covenants
and agreements hereinafter set forth,and other good and valuable considerations,the receipt and sufficiency
of which are hereby acknowledged,the parties intending to be legally bound hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are adopted by the parties and are
incorporated as part of this Agreement as if restated in full.
2. Termination of the License Agreement and the Ground Lease. The parties hereby confirm
the prior termination of the license Agreement and agree to terminate the License Agreement and the
Ground Lease,and such instruments>instrument shall be deemed null and void as of the Effective Date. The
parties shall have no further obligations under the License Agreement and/or the Ground Lease.
3. Easement from Association to District. The Association hereby grants to the District a
non-exclusive perpetual easement upon the Property in favor of the District for:
(a) At the District's sole cost and expense, (i) the installation, use, operation,
maintenance,repair,replacement,relocation,and removal of the Improvements in appropriate areas of the
Property in compliance with all applicable federal, state, county or municipal governmental and quasi-
governmental laws, ordinances, and codes, and (ii) the installation use, operation, maintenance, repair,
replacement, relocation, and removal of drainage systems and facilities, irrigation systems and facilities,
wells, pumps, wellfield systems, water distribution facilities and water lines. The District shall comply
with all applicable federal, state, county or municipal governmental and quasi-governmental laws,
ordinances,and codes applicable to the Property and the construction,operation, maintenance,repair and
use of the Property;and
(b) The non-exclusive right and privilege to use that certain Community Center
located of the Property, subject to the Association's sole discretion of availability, located on Tract 1
Horr's island r. _
19. of the Public Records of Collier County. Florida (the "Community Center"), such use to be for the
purpose of holding meetings of the District's Board of Supervisors and/or committees. Because the
Community Center will have multiple users in addition to the District and the District's use of the
Community Center is limited, the Association shall have overall maintenance responsibility for the
Community Center. Notwithstanding same,the District shall keep the Community Center in good,clean
condition following any use by the District;and
(c) —Al the District's sole cost and expense. to perform. or cause to be performed. the
replacement-which shall remain the sole responsibility of the Association. The District shall comp!)
2
ith- -
eode-s-appllea Meto-suchlandscape maintenance.
(c) Performing. its obligations pursuant to Section 17, below.
4. Reservation of Rights for Utility Service. The Association expressly reserves the right to
grant non-exclusive easements over the Property to any other third-party at the Association's sole
discretion,: provided none material linterfere with the District's use and operation of the Improvements.
5. Obligation of District. The District shall have the obligation to operate,maintain,repair,
replace, relocate, and remove the Improvements in appropriate areas of the Property as necessary and
6. Further Division of Association propertvProperty. Nothing herein shall prevent
Association,its heirs,assigns,designees,and/or successors in title,from conveying portions of the Property
from time to time and entering into easement and operating agreements with respect to those conveyed
portions of the Property and any portions of the Property retained by Association, its heirs, assigns,
designees,and/or successors in title.
7. Improvements and Approval of Plans. The Any modification to the existing
Improvements- or any future Improvements. and nnplans and specifications for the installation.
construction. maintenance. repair and/or repiaacemcn4 of any and all facilities for water, sewer. electric,
••- 4 '• • shall always be in compliance with
the requirements of appropriate governmental or quasi-governmental authorities and,to the extent that same
may tie into or otherwise have an effect on any facilities located within or servicing the Property,said plans
and specifications shall be subject to the prior written approval of the Association,which approval shall not
be unreasonably withheld or delayed. Nothing contained herein shall be deemed to in any way make the
Association responsible or liable for the adequacy or inadequacy of the existing Improvements,any future
Improvements, and/or any such plans and specifications. The District, by execution of this Agreement,
does hereby indemnify,release,relieve,and hold the Association,their agents and representatives harmless
from and against any and all liability in connection with the adequacy or inadequacy of the existing
Improvements,any future Improvements,and/or any such plans and/or specifications.
8. Alterations. The District shall not make any alterations nor construct or install any
improvements to the Community Center without the prior written consent of the Association,which consent
may be withheld in the Association's sole and exclusive discretion. If the District desires to make any
improvements, the District shall submit proposed plans to the Association prior to commencement of I
construction or installation. If the Association gives its consent to the construction or installation of
improvements by the District,all such work shall be done in accordance with such requirements and upon
such conditions as the Association,in its sole discretion,may impose. All such alternations,improvements,
additions,and changes to the Community Center shall be subject to the foregoing and the following:
(a) No change or alteration shall be undertaken until the District shall have procured
at its sole cost and expense all necessary and required governmental permits and authorizations of the
controlling governmental authorities.
(b) All work done in connection with any change or alteration shall be performed in a
workmanlike manner by licensed and bonded contractors and in compliance with all controlling laws,
ordinances, orders, rules, regulations, statutes and other requirements of all controlling governmental
agencies.
3
(c) The Property and/or the Community Center shall not be subject to any lien arising
out of any work,labor,services and materials supplied or claimed to have been supplied to the District,and
the District hereby indemnifies and holds the Association harmless in connection with same.
(d) To the fullest extent permitted by law,the District's contractor(the"Contractor")
shall indemnify and hold harmless the Association from and against claims,damages,losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from performance of any work,
including but not limited to, any subcontractors hired by the Contractor("Subcontractor"), provided that
such claim,damage, loss or expense is attributable to bodily injury,sickness,disease or death,or to injury
to or destruction of tangible property (other than the work itself), including loss of use resulting from
therefrom, cause in whole or in part by negligent acts or omissions of the Contractor,the Subcontractor,
anyone directly or indirectly employed by them or anyone whose acts they may be liable, regardless of
whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. In
claims against any person or entity indemnified under this Section by an employee of the Contractor, the
Subcontractor and any Sub-subcontractors("Sub-Subcontractors"),anyone directly or indirectly employed
by them or anyone for whose acts they may be liable, the indemnification obligation under this Section
shall not be limited by a limitation on amount or type of damages,compensation,or benefits payable by or
for the Contractor or the Subcontractors or Sub-contractors under Workers' or Workmen's Compensation
Acts or other employee benefit acts.
(e) Prior to the commencement of any work, the District shall provide to the
Association the Contractor's(and Subcontractors and Sub-subcontractors, as applicable)Public Liability
Insurance with a combined single limit of not less than One Million and No/100 Dollars($1,000,000.00)
for injuries and damages to persons and property covering the Association, the Association's agent and
such other parties as the Association shall designate, as additional insureds and loss payee, on a primary
and non-contributory basis,in a company approved by the Association,which policies shall be maintained
at all times during the progress of the construction and until completion thereof,and shall provide that no
termination, cancellation or modification of such policy shall be effective unless thirty (30) days prior
written notice has been given to the Association.
9. Ownership of the Improvements. It is expressly understood and agreed that any
Improvements of whatsoever nature at any time constructed,placed,or maintained by the District upon any
part of the Property shall be and remain property of the District; provided, however, that any
Impro ement.improvements in connection with the Community Center shall remain the property of the
Association.
10. Utilities/Taxes. Throughout the term of this Agreement,the District shall pay directly to
the appropriate utility company or public authority all service charges for water,electricity and sewer usage
and for telephone, cable and other communication services and all other utility services use, rendered or
supplied to the Property.in connection with the operation ()Nile Improvements. The District shall also be
required to satisfy any lien that attaches to the Property which results from the District's failure to pay any
such utilities,taxes,assessments or costs. The District shall also be responsible,at the District's sole cost
and expense, for the installation and construction on the Property of all utility lines necessary, in the
District's sole and absolute discretion, to provide services 4-01or the Propertylmprovements. The
Association shall reasonably cooperate with the District in connection with the District's efforts to obtain
any utility services reasonably necessary for the District's use of the Propertylmprovements. The
Association shall be liable for the payment of all real estate taxes,special assessments,and any other taxes,
levies,or impositions charged by an appropriate taxing authority with respect to the Property,if any.
11. Condemnation. In the event all or any part of the Property shall be taken or condemned
for any public or quasi-public use or purpose,the Association may,at its option,terminate this Agreement
4
from the time title to or right to possession of the Property(or portion thereof)shall vest in or be taken for
such public or quasi-public use or purpose. The District shall not be entitled to receive any portion of any
award made or paid to the Association representing the property or interest of the Association taken or
damaged and the District hereby expressly waives and relinquishes any right or claim to any portion of any
such award regardless of whether any such award includes any value attributable to the District's interest
in the Property pursuant to the terms of this Agreement. However,the District shall have the right to claim
and recover from the condemning authority, but not from the Association, such special and separate
damages as may be recoverable by the District independent of and without diminution of the Association's
recovery.
12. Default by the District. The following events shall be deemed to be events of default by
the District under this Agreement:
(a) The District's failure to comply with any term, provision or covenant of this
Agreement which failure is not cured within thirty(30) days after written notice thereof to the District;
provided,however,that if the failure is of such a nature that it cannot reasonably be cured within said thirty
(30)days period,the District shall not be deemed in default so long as the District commences curing such
default within said thirty(30)day period and continues to diligently prosecute same to completion;or
(b) The Property or any part thereof are taken upon execution or by other process of
law directed against the District, or are taken upon or subjected to any attachment by any creditor of the
District or claimant against the District,and such attachment is not discharged or bonded off within ninety
(90)days after its levy;or
(c) The District shall file a voluntary petition in bankruptcy or a voluntary petition
seeking reorganization, or to effect a plan or an arrangement with or for the benefit of the District's
creditors;or
(d) The District shall apply for a consent to the appointment of a receiver,trustee or
conservator for any portion of the District's property, or such appointment shall be made without the
District's consent,and shall not be removed within ninety(90)days.
13. The Association's Remedies for the District's Default. Upon the occurrence of an event
of default by the District which is not cured within the applicable cure period,the Association shall have
the following remedies:
(a) Terminate this Agreement by delivery of notice in writing to the District, which
termination shall be effective immediately upon the District's receipt of said notice, in accordance to the
terms of this Agreement and applicable law.
(b) Bring an action against the District in a court of competent jurisdiction to(i)collect
compensatory damages arising from such default, (ii)enjoin said violation of this Agreement or sue for
specific performance of the covenant breached,and/or(iii)collect such other damages a Court may deem
appropriate;or
(e) Pursue other remedies available to the Association at law or in equity or pursue
any other remedy set forth in this Agreement.
14. The District's Remedies for the Association's Default. In the even the District believes
that the Association is in default of any its obligations under this Agreement, the District shall provide
written notice to the Association detailing the alleged defaults. The Association shall have thirty(30)days
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form receipt of said written notice to cure said default; provided, however,that if the failure is of such a
nature that it cannot reasonably be cured within said thirty(30)days period, the Association shall not be
deemed in default so long as the Association commences curing such default within said thirty(30) day
period and continues to diligently prosecute same to completion. In the event the Association fails to cure
any alleged default under this Agreement,the District's sole and exclusive remedy shall be to obtain an
order of specific performance compelling the Association to comply with the terms and conditions of this
Agreement.
15. Removal at Termination. At the termination of this Agreement,all equipment,supplies or
other property of the District shall be removed by the District from the Property,at its sole cost and expense,
and the Property and 4ke-community Center shall be returned to the Association in good condition and
repair,ordinary wear and tear excepted.
16. Prohibition of Improvements on Easement Areas. The Association will not build or
maintain,or permit to be built or maintained,any structure on the Property unless such structure does not
materially interfere with the rights herein granted. These restrictions shall not apply to light towers,
appurtenant electrical equipment,signs relating to business conducted on the Property,traffic or directional
signs, fences, gates or other similar structures which, at the time of the erection thereof, are usual in
connection with the operation of parking lots or driveways,or any other similar uses,nor shall they prohibit
the Association from commercially developing the Property provided that such developments do not impair
the rights herein created.
17. Landscaping. Thein exchange for the easement rights set forth in Section 3 herein, the
District, at its sole cost and expense, hereby- agrees to maintain the landscaping on the Property in a
commercially reasonable manner in accordance with the terms of this Agreement and any and all federal,
state,county or municipal governmental and quasi-governmental laws,ordinances,and codes applicable to
the Property-: provided. however. that such landscaping shall not include an\ capital replacement which
shall remain the sole responsibility of the Association.
18. Limitations. Nothing contained herein shall be deemed to be a dedication,conveyance or
grant to the public in general, nor to any persons or entities except as expressly set forth herein. The
Association shall have no obligation in connection with the installation,use,operation,maintenance,repair,
replacement,relocation,and removal of the Improvements,except as expressly set forth herein.
19. Assignment. The District shall not assign,convey, sublet or transfer all or any portion of
the District's interest in this Agreement or the Property created hereby without the prior written consent of
the Association, which consent may be withheld in the Association's sole and absolute discretion. The
Association may assign, sell, or otherwise transfer all or any portion of the Property in the Association's
sole and absolute discretion. In such event,any and all obligations and liabilities of the Association under
this Agreement accruing after the assignment,transfer or sale shall be the sole responsibility of the third-
party purchaser. In the event the Association shall assign, sell, convey or otherwise dispose of all or any
portion of the Property, the Association shall be released from all liability and obligation under this
Agreement,and such liabilities and obligations shall be binding solely on the third-party purchaser of the
Property.In the event of such sale or transfer,the District agrees to attorn unto the new owner.
20. Mortgage by the Association;Non-Disturbance Agreement;Attornment. This Agreement
and the District's rights hereunder, are hereby made expressly subject and subordinate to any and all
security agreements, mortgages, ground or underlying leases, or like instruments resulting from any
financing or refinancing affecting the Property(or any portion thereof)which are currently in existence or
which may hereafter be created by the Association, or its successors or assigns, including any and all
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extensions and renewals, substitutions, modifications, and amendments and restatements thereof, and to
any and all advances made or to be made under same,and this provision shall be self-operative without the
execution of any further instruments. The District shall,within ten(10)days of request by the Association,
execute any instrument or instruments which the Association may deem necessary or desirable to further
evidence the foregoing subordination and/or superiority of this Agreement to any such mortgages, trust
deeds, or ground leases. In the event of any foreclosure of any mortgage encumbering the Property, or
deed-in-lieu thereof,or sale of the Property, the Association shall be released from all liability hereunder
and the District shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser
as the successor to the Association under this Agreement.
21. Mechanics Liens. The District shall keep the Property and/or the Community Center and
all parts thereof at all times free of mechanic's liens and any other lien for labor, services, supplies,
equipment or material purchased or procured, directly or indirectly, by or for the District. The District
further agrees that the District will promptly pay and satisfy all liens of contractors, subcontractors,
mechanics, laborers, material men and other items of like character, and will indemnify the Association
against all expenses, costs and charges, including bond premiums for release of liens and attorneys' fees
and costs reasonably incurred in and about the defense of any suit in discharging the Property and/or the
Community Center,from any liens,judgments,or encumbrances caused or suffered by the District. In the
event any such lien shall be made or filed,the District shall bond against or discharge the same within ten
(10)days after the same has been made or filed. The District shall not have any authority to create any
liens for labor or material on the Association's interest in the Property and/or the Community Center and
all persons contracting with the District for the construction or removal of any facilities or other
improvements on or about the Property and/or the Community Center, and all material men, contractors,
mechanics and laborers are hereby charged with notice that they must look only to the District to secure the
payment of any bill for work done or material furnished at the request or instruction of the District. In
accordance with 713.10 Fla. Stat.,the Association shall have the right to post on the Property and to file
and/or record in the Public Records or court registry,as applicable,notices of non-responsibility and such
other notices as the Association may reasonably deem proper for the protection of the Association's interest
in the Property and/or the Community Center. The District shall,before the commencement of any work
which might result in any lien on the Property and/or the Community Center, give the Association
reasonable written notice under the circumstances of its intention to commence said work.
22. Insurance. From and after the Effective Date,the District shall carry or cause to be carried
the following insurance policies(which may,at the District's option,be carried under a blanket policy):(i)
commercial general liability insurance covering bodily injury, property damage and personal injury
occurring on the Property,which policy shall insure against claims for bodily injury,property damage and
personal injury occasioned by occurrences after the Effective Date relating to the Property, and (ii)
Workers' Compensation Insurance to the extent required by the laws of the State of Florida. The District
shall from time to time,and upon the request of the Association,furnish to the Association a certificate of
insurance evidencing the District's compliance with the insurance coverage requirements of this Section.
Each policy of insurance shall be with insurance companies authorized to do business in Florida and
reasonably satisfactory to the Association. Each policy of insurance shall name the Association as an
"Additional Insured" on a primary and non-contributory basis. Evidence of the District's insurance in
accordance with this Section that is effective as of the Effective Date is attached hereto as Exhibit"B." In
the event the District does not comply with the terms of this Section, same shall be deemed a material
default under the terms of this Agreement.
23. Severability. If any provision of this Agreement shall be invalid or shall be determined to
be void by any court of competent jurisdiction,then such provision or determination shall not affect any
other provisions of this Agreement,all of which other provisions shall remain in full force and effect. It is
the intention of the parties that if any provisions or this Agreement is capable of two constructions,one of
7
which would render the provision void and the other which would render the provision valid, then the
provisions shall have the meaning which renders it valid.
24. Attorneys'Fees. If any default occurs under this Agreement,the prevailing party shall be
entitled to the recovery of all reasonable attorneys' fees and costs incurred in connection therewith. The
term"attorneys' fees"as used in this Agreement shall include,but is not limited to,reasonable attorneys'
fees(including legal assistants and paralegal)incurred in any and all judicial,bankruptcy, reorganization,
administrative or other proceedings, including appellate proceedings, whether such proceedings arise
before or after entry of a final judgment as it relates to a default under this Agreement.
25. Remedies. Enforcement hereof shall be by action at law or in equity against any persons
or entities violating or attempting to violate any covenants set forth herein,including but not limited to an
action to restrain the violation or an action to recover damages.
26. Headings. The headings set forth herein are merely for convenience and shall not be
deemed to in any way expand or limit the interpretation of the provisions of this Agreement.
27. 1 erm. I his Agreement shah continue to be in-h.+1-1-1fwcc and effect until such time as the
241.22%; Covenants of Further Assurances. From time to time,at the request of either of the parties,
the other party shall, without further consideration, agree to execute and deliver any and all other
instruments which may be required to effectuate the terms and conditions of this Agreement.
2t).28. Covenants Running with the Land. The easements hereby granted,the restrictions hereby
imposed, and the agreements herein contained shall be easements,restrictions and covenants running with
the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective
heirs, successors and/or assigns, including, but without limitation, all subsequent owners of the Property
and all persons claiming under them.
3-0.29. Release of Easements. The easements hereby granted shall not he released without the
prior written approval of the parties.
.14-.30. Notice. All notices,demands,requests or other communications made pursuant to,under
or by virtue of this Agreement must be in writing and either hand-delivered,delivered by overnight courier
or express mail,or mailed via U.S. Mail,certified mail,return receipt requested,to the party to which the
notice,demand,request or communication is made,as follows:
If to the Association: Key Marco Community Association,Inc.
Attn:
If to the District: Key Marco Community Development District
Attn:
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Any notice,demand,request or other communication shall deemed to be given upon actual receipt or refusal
of delivery. The above addresses may be changed by written notice given to the address noted above;
provided,however,that such change of address shall not be effective until such notice is actually received.
1. Time. Time is expressly declared to be of the essence with respect to the performance of
all terms, covenants,provisions,and obligations of this Agreement,except that the expiration of any time
period measured in days that expires on a Saturday,Sunday,or legal holiday automatically will be extended
to the next business day at 5:00 p.m.
Governing Law; Jurisdiction; Venue. This Agreement shall be construed, interpreted,
enforced and governed by and in accordance with the laws of the State of Florida,excluding conflict of law
principles. In the event any of the parties initiates litigation arising out of or relating to this Agreement,
each of the parties agrees that:(a)any such litigation shall only be filed in a Court of competent jurisdiction
located in Collier County, Florida, (b) venue of any such litigation shall exclusively lie only in Collier
County,Florida,(c)the parties subject themselves to the jurisdiction of a Court of competent jurisdiction
located in Collier County,Florida for any such litigation,and(d)the parties waive any objection to personal
jurisdiction over them by a Court of competent jurisdiction located in Collier County,Florida.
74.5.? Interpretation. The parties hereto have participated fully in the negotiation and preparation
hereof,and accordingly,this Agreement shall not be more strictly construed against either party.
.:>. Counterparts. This Agreement may be executed in one or more counterparts,each of which
shall be deemed an original and all of which shall be deemed but one agreement. This Agreement may be
executed and delivered via facsimile, PDF, or other electronic transmission, and any facsimile, PDF or
electronic signature shall have the same force and effect as an original.
2-6.35. Effective Date. For purposes of this Agreement,the "Effective Date" shall be deemed to
be the date when the last one of the Association and the District has signed and delivered this Agreement
to the other party, such date being inserted under the signatures of the parties. Such latter date shall be
inserted in this preamble on page 1 of this Agreement.
:17:36. No Waiver. Either parties failure to take advantage of any default or breach of covenant
on the part of the other party shall not be construed as a waiver thereof,nor shall any custom or practice
which may grow between the parties in the course of administering this Agreement be construed or to waive
or to lessen the right of either party to insist upon the strict performance by the other party of any term,
covenant or condition hereof,or to exercise any rights of a party on account of any such default. A waiver
of a particular breach or default shall not be deemed to be a waiver of the same or any other subsequent
breach or default.
-:;7. Entire Agreement. This Agreement sets forth the entire agreement between the parties with
respect to the subject matter of this Agreement. No prior agreement or understanding pertaining to any
such matter shall be effective. This Agreement cannot be modified,except by a written instrument signed
by the parties against whom enforcement of the modification is sought.
20.),-:;8, WAIVER OF JURY TRIAL. THE ASSOCIATION AND THE DISTRICT
HEREBY MUTUALLY, KNOWINGLY, WILLINGLY, INTENTIONALLY AND
VOLUNTARILY WAIVE THEIR RIGHT TO TRIAL BY JURY AND NO PARTY NOR ANY
ASSIGNEE, SUCCESSOR,HEIR,OR LEGAL REPRESENTATIVE OF THE PARTIES SHALL
SEEK A JURY TRIAL IN ANY LAWSUIT,PROCEEDING,COUNTERCLAIM OR ANY OTHER
LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THIS AGREEMENT OR
9
ANY RELATED AGREEMENT OR INSTRUMENT OR ANY COURSE OF ACTION,COURSE
OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS
RELATING TO THIS AGREEMENT.
I 0.3_ Force Majeure. For the purposes hereof,an"Event of Force Majeure"shall be defined as
the occurrence of any of the following(to the extent the same is unforeseeable):Act of God,war,terrorism,
civil commotion, Casualty, extreme weather conditions, labor difficulties, general shortages of labor,
materials or equipment, government regulations or other causes beyond the reasonable control of such
party,its agents,employees,contractors or subcontractors(other than causes related to such party's financial
condition). To qualify as an Event of Force Majeure,the delayed party must have: (i)provided notice to
the other party hereto of such Event of Force Majeure within a reasonable time after the occurrence of same;
(ii)thereafter periodically kept the other party hereto fully advised by notice of such delays;and(iii)used
commercially reasonable efforts and all due diligence to effect the required performance.
11,4(1. Estoppel Certificate. Within ten (10) days after request therefor by the Association,the
District shall deliver to the Association,in a form satisfactory to the Association,a certificate certifying:(i)
the good standing and absence of default under this Agreement; provided,however,that if there are any
defaults, specifying the nature thereof; (ii) whether this Agreement has been assigned, modified, or
amended in any way (and if it has, then state the nature thereof); and (iii) such other matters as the
Association shall request.
42,41. No Partnership, Joint Venture or Principal-Agent Relationship. Neither this Agreement
nor any acts of the parties hereunder shall be construed or deemed by the parties,or by any third person,to
create the relationship of principal and agent, or of partnership,or of joint venture, or of any association
between the parties.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date first above
written.
Signed,sealed and delivered in the presence of
KEY MARCO COMMUNITY ASSOCIATION,
INC.,a Florida not-for-profit corporation
Print Name: By:
Print Name:
Title:
Print Name:
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this day of ,2019 by
, as of KEY MARCO COMMUNITY
ASSOCIATION,INC.,a Florida not-for-profit corporation who [ ] is personally known to me or who[ ]
has produced as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission No.:
Commission Expires:
[REMAINDER OF PAGE INTENTIONALLY BLANK)
11
KEY MARCO COMMUNITY
DEVELOPMENT DISTRICT, a community
development district established and existing
pursuant to Chapter 190,Florida Statutes
Print Name:
By:
Print Name:
Title:
Print Name:
STATE OF FLORIDA )
)SS
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this day of , 2019 by
, as of KEY MARCO COMMUNITY
DEVELOPMENT DISTRICT, a community development district established and existing pursuant to
Chapter 190, Florida Statutes who [ ] is personally known to me or who [ ] has produced
as identification.
NOTARY PUBLIC, State of Florida
Print Name:
Commission No.:
Commission Expires:
it
EXHIBIT"A"
Tract U as recorded on the Plat of Horr's Island A.K.A.Key Marco,Plat Book 21,Pages 5 through
19, lying in Section 15,Township 52 South,Range 26 East,Collier County,Florida
13
EXHIBIT"B"
THE DISTRICT'S CERTIFICATES OF INSURANCE
14
RESOLUTION NO.2019-
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE KEY MARCO COMMUNITY DEVELOPMENT
DISTRICT ESTABLISHING POLICIES AND PROCEDURES
FOR APPROVING SPECIAL EVENT APPLICATIONS;
REPEALING AND REPLACING RESOLUTION 2013-
;AUTHORIZING THE DISTRICT MANAGER TO
EXECUTE DOCUMENTS RELATING TO APPROVED
SPECIAL EVENT APPLICATIONS; PROVIDING FOR
PRESENTATION OF APPROVED SPECIAL EVENT
APPLICATIONS FOR INFORMATIONAL PURPOSES TO
THE BOARD OF SUPERVISORS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Key Marco Community Development District (the "District") is organized
for purposes which include ownership and operation of certain infrastructure within or benefiting
the residential development known generally as Key Marco;and
WHEREAS, throughout the year, the District receives various requests by individuals,
groups,or organizations to hold special events on certain District property;and
WHEREAS,the Board of Supervisors desires that special event applications be presented
to the Board for review and consideration;and
WHEREAS,the Board of Supervisors desires to approve updated policies and procedures
for the review and approval(if applicable)of special event applications. And,further,with respect
to any special event applications approved by the Board, the District Manager shall have the
authority to execute necessary documentation in connection with the approval of such special event
application.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT:
Section 1. The foregoing recitals are true and correct and incorporated herein as if
written into the body of this Resolution.
Section 2. Resolution 2013- ,which was previously adopted by the Board relating
to this subject matter is hereby repealed and replaced in its entirety by this Resolution.
Section 3. The Special Event Policies and Procedures attached hereto and made a part
of this Resolution as Exhibit"A"are hereby approved for use by the District.
Section 4. The form of Agreement Regarding Use of District Facilities attached hereto
and made a part of this Resolution as Exhibit "B" is hereby approved for use by the District in
substantially the form attached.
1
Section 5. The District Manager is hereby designated by the District and authorized by
the District to carry out the policies and procedures set forth herein and to execute such documents
as necessary to accomplish the same.
Section 6. The policies and procedures attached to this Resolution as Exhibit"A"and
the form of Agreement attached to this Resolution as Exhibit"B"shall stay in full force and effect
until such time as the Board of Supervisors may amend or rescind said policies, procedures or
agreement form(s).
Section 7. A copy of any executed Agreement pursuant to this policy shall be made
available to the Board of Supervisors for informational purposes only at its next regularly
scheduled meeting following full execution of the Agreement by the District Manager; provided,
however,that any failure to present said application shall not affect the validity or implementation
of this Resolution.
Section 8. Should any sentence,section,clause,part or provision of this Resolution be
declared by a court of competent jurisdiction to be invalid,the same shall not affect the validity of
this Resolution as a whole,or any part thereof,other than the part declared invalid.
Section 9. All Sections or parts of Sections of any Resolutions or actions of the Board
in conflict are hereby repealed to the extent of such conflict.
Section 10. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17`h day of April,2019.
KEY MARCO COMMUNITY
Attest: DEVELOPMENT DISTRICT
Katie Maline, Secretary Maureen McFarland,Chair
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Exhibit"A"
Special Event Policies and Procedure
A. Generally
1. A "Special Event" shall mean any event held, in whole or in part, on property
owned by the District that includes a group of people gathering to participate in an activity
involving more than normal, everyday use of the District property. Examples of special events
include,without limitation,walk-a-thons,bicycle races,running races,or other athletic events.
2. The District Manager shall develop and establish an application form to facilitate
the intake of requests for use of the District's facilities for Special Events. Any individual,
organization or group desiring to conduct a Special Event may obtain from the District Manager a
Special Event application to conduct a Special Event.
3. There shall be a limit of two(2)Special Events per calendar year.
4. The District reserves the right,to be exercised by the Board of Supervisors,to deny
any Special Event application based on safety,site capacity,scheduling considerations,time of the
proposed function or expected duration, potential for community disturbance, consistency with
atmosphere of operations within the District,other issues impacting the community or as may be
in the best interests of the District.
5. Any individual,organization or group that has a Special Event application approved
must enter into an agreement with the District with regard to the Special Event,which agreement
will specify the terms of use and wherein the Special Event holder will acknowledge that it has
read and agrees to abide by the policies and procedures of the District. The form Agreement
Regarding Use of District Facilities attached as Exhibit"B" to these Special Event Policies and
Procedures is hereby approved for use as a form by the District as appropriate. Further, as it is
recognized that circumstances may arise where one party or another may request certain
modifications to the form agreement, the District Manager shall be permitted, after consultation
and approval by District Counsel, to make modifications to the form agreement as may be
requested by a party, provided such modifications do not materially and unreasonably alter the
intent, purpose and protection provided to the District by the form agreement. The District
Manager is hereby designated by the District and authorized by the District to execute, when
appropriate, the Agreement Regarding Use of District Facilities in connection with applicable
approved Special Events.
5. Proof of insurance(if required)and applicable deposit must be received at least ten
(10)business days prior to the scheduled Special Event.
B. Insurance and Other Requirements.
1. The District reserves the right,to be exercised by the District Manager,to require
the Special Event applicant to supply insurance, security, portable bathroom facilities, trash
3
receptacles, garbage disposal and such other requirements as may necessary for the protection of
the public health,safety and welfare and District property on an event-by-event basis.
2. Insurance for Special Events shall be provided by the applicant(at the applicant's
sole cost and expense) at the discretion of the District Manager based upon the nature and extent
of the activity to occur on the District's property. Except as otherwise designated or modified by
the District Manager, the applicant shall, at its sole expense, obtain and maintain comprehensive
bodily,personal injury,property damage and liability insurance on a per-occurrence basis with a
minimum limits for liability in an amount of One Million Dollars ($1,000,000)per Incident and
Two Million Dollars ($2,000,000)Aggregate, which shall include a loss payable clause in favor
of the District,naming the District as an Additional Insured under the policy,and shall provide the
District evidence of such insurance prior to the Special Event. Such insurance shall be cancelable
only upon forty-five(45)days prior written notice to the District.
C. Schedule of Deposits.
1. A deposit in an amount determined by the District Manager based upon the type of
event, number of participants and other such factors deemed relevant by the District Manager is
required at the time the Special Event application is approved. To receive a full refund of the
deposit the following must be completed:
• Ensure that all garbage and litter is collected and disposed of in approved
receptacles or otherwise removed.
• Remove all displays,tables,chairs or other assembly or event items or remnants.
• Ensure that no damage has occurred to the District's facilities or other District
property.
• All attendees at the assembly or event are required to adhere to all District policies,
rules and/or regulations.
• All applicable City of Marco Island and/or Collier County ordinances, rules or
regulations must be complied with by the applicant and its attendees.
Failure to comply with the policies and procedures of the District may result in the forfeiture of all
or a portion of the deposit. The District shall have the right, in its sole discretion, to apply the
deposit to pay for the cost of cleaning,repair,restoration or any other applicable corrective action.
The District Manager shall determine the amount of the deposit to return,if any. If the cost of any
cleaning,repair,restoration or other applicable corrective action exceeds the amount of the deposit,
the individual or organization that submitted the Special Event application will be liable for any
such further expenses incurred by the District and said funds shall be paid to the District upon
demand.
D. Indemnification.
Each individual, organization or group submitting a Special Event application for use of
District property agrees to indemnify and hold harmless the District and its supervisors, officers,
agents and employees from any and all liability,claims,actions, suits or demands by any person,
corporation or other entity,for injuries,death,property damage of any nature,arising out of,or in
4
connection with,the use of the District's property or facilities,including litigation or any appellate
proceedings with respect thereto. Each individual,organization or group shall be required to sign
an agreement in a form provided by the District providing for such release and indemnification of
the District. Nothing therein shall constitute or be construed as a waiver of the District's sovereign
immunity granted pursuant to Section 768.28,Florida Statutes.
5
EXHIBIT"B"
AGREEMENT REGARDING USE OF DISTRICT FACILITIES
THIS AGREEMENT REGARDING USE OF DISTRICT FACILITIES(this"Agreement")is
made and entered into on this day of ,201 , between KEY
MARCO COMMUNITY DEVELOPMENT DISTRICT,a community development district established
and existing pursuant to Chapter 190,Florida Statutes,whose address is c/o District Manager,4672 Strand
Court,Suite#l,Naples,Florida 34110("KMCDD");and
,a Florida ,whose address is
("User").
RECITALS
A. KMCDD is the owner of a roadway and other facilities within the Key Marco community in Collier
County,Florida.
B. User has requested to use the following facility(the"Facility"):
to host the following event at the Facility("Event"):
;and
C. KMCDD desires to permit User to conduct the Event under certain terms and conditions described
in this Agreement;and
D. KMCDD does not warrant that the Facility is suitable or fit for purposes requested by User but
User does believe it to be fit and suitable and User does acknowledges that KMCDD provides no
warranties whatsoever;and
E. KMCDD and User desire to contract and memorialize their understandings and covenants
regarding this matter.
AGREEMENT
NOW,THEREFORE, in consideration of the mutual covenants and agreements expressed herein the
parties agree as follows:
1. Recitals, The Recitals set forth above are true and correct and are incorporated herein as a
material part of this Agreement.
2. Use of KMCDD Facility. KMCDD agrees User may utilize the Facility listed on the
following date(s)and time(s)for the sole purpose of conducting the Event:
Facility Date Times
A. Preparation. User shall be solely responsible for making all preparations relative
to the Event to be held using the Facility. KMCDD and User agree that all food,beverages,entertainment,
security, parking, traffic control, crowd control, capacity determinations and personnel necessary for the
6
Event shall be the sole responsibility of User and shall be undertaken by User pursuant to all applicable
federal,state,and local laws,ordinances,rules and regulations and shall be subject to the prior review and
approval of their use by KMCDD.
B. No Use of Other Property. User agrees on behalf of itself and its workers,
attendees and guests at the Event that the use hereunder shall be limited to the Facility and it shall not utilize
or enter any other property of KMCDD(including,without limitation,other easement areas or stormwater
management areas)without the express written consent of KMCDD.
C. Additional Facilities. KMCDD maintains no permanent restrooms or trash
receptacles. Consequently, User shall make its own accommodations to meet the needs of the User's
attendees. If necessary,User agrees and covenants that the User will make arrangements at its sole cost
and expense for the provision of adequate portable restrooms and trash receptacles for the Event,including
provision for the delivery,operations and prompt removal.
3. Damage/Deposit Required. User agrees to make every reasonable effort to ensure the
Facility is not damaged and assumes full responsibility for the use of the Facility by its employees,agents,
representatives,invitees and attendees during the preparation for,the conducting of,and the cleaning after
the Event.
A. Repair. User agrees to maintain, restore, and repair, or cause to be maintained,
restored or repaired, the Facility or any KMCDD property which is injured, damaged, destroyed, or
otherwise impaired by User's employees,agents,representatives,invitees or attendees during,or as a result
of,the preparation for the Event,the conduct of the Event,or the post-Event cleaning.
B. Cleaning/Deposit. User agrees to clean the Facility and otherwise return or restore
the Facility to the condition the Facility was in immediately preceding the Event. Upon execution of this
Agreement,User shall post,or cause to be posted,a clean-up,damage and corrective action security deposit
in the amount of$ .00("Deposit").
C. KMCDD Evaluation. KMCDD shall evaluate the Facility after the Event and shall
notify User of any cleaning,repair,restoration or other corrective action that KMCDD deems necessary as
a result of any failure by User to comply with the provisions of this Agreement. If User fails, after the
notification,to timely perform such cleaning,repair,restoration or other corrective action to the satisfaction
of KMCDD, KMCDD may cause such cleaning, repair, restoration or other corrective action to be made
and deduct such cost from the Deposit. Any costs for cleaning,repair,restoration or other corrective action
incurred by KMCDD in excess of the Deposit shall be reimbursed by User upon demand by KMCDD. Any
remaining balance of the Deposit shall be returned to User.
4. Compliance. User agrees that use of the Facility by User shall be subject to all rules,
policies, procedures and fees of KMCDD as set forth in KMCDD's policies,rules, or resolutions, as the
same may be amended from time to time. Failure by User to abide by all rules,policies and procedures of
KMCDD may result in forfeiture of the right to utilize the Facility.
5. Insurance. User, at its sole expense, shall obtain and maintain comprehensive bodily,
personal injury,property damage and liability insurance on a per-occurrence basis with a minimum limits
for liability in an amount of One Million Dollars ($1,000,000) per Incident and Two Million Dollars
($2,000,000)Aggregate,which shall include a loss payable clause in favor of KMCDD,naming KMCDD
as Additional Insured under the policy,and shall provide KMCDD evidence of such insurance prior to the
Event. Such insurance shall be cancelable only upon forty-five(45)days prior written notice to KMCDD.
7
6. Release, Hold Harmless and Indemnification. User, shall release, indemnify and hold
harmless KMCDD, its agents,supervisors,officers,directors, employees and staff("Indemnitees")from
and against any liability or damages that Indemnitees may suffer as a result of claims, suits, demands,
damages,losses,fines,penalties,interest,expenses,costs or judgments against them arising out of to User's
Event. This indemnification includes claims, suits, demands, damages, losses, fines, penalties, interest,
expenses,costs or judgments arising out of personal injury,property damage,environmental contamination,
and any other event in any way related to User's Event,no matter how remote,and shall include damages
of any nature,whether compensatory,consequential,punitive or otherwise,all costs incurred in the defense
of every claim, demand, cost or judgment, whether attorney fees or otherwise, and all costs incurred by
Indemnitees in the enforcement of this Agreement. Nothing in this Agreement shall be deemed as a waiver
of sovereign immunity or a waiver of any limitation of liability of KMCDD beyond any statutory limited
waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section
768.28, Florida Statutes or other statute, and nothing in this Agreement shall inure to the benefit of any
third-party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of
Sovereign Immunity or by operation of law. Should it become necessary for Indemnitees or anyone else
on their behalf,to incur any costs and/or expenses,whether directly or indirectly,including,but not by way
of limitation,attorney's fees,investigator's fees,collection fees or court costs in connection with any claim
or demand for which indemnification is provided by this Agreement,or in connection with any attempt to
recover losses incurred on such claims or demands,or in connection with the enforcement of this Agreement
or any portion of it,User shall pay Indemnitees such reasonable costs and/or expenses for which expenditure
is made or liability is incurred by Indemnitees.
7. Recovery of Costs and Fees. In the event that either party to this Agreement is required to
enforce this Agreement by court proceedings or otherwise,the prevailing party shall be entitled to recover
from the other party all costs incurred, including reasonable attorneys' fees whether in litigation, at
arbitration,appeal or otherwise.
8. Assignment. User may not assign this Agreement without the prior written consent of
KMCDD,which may be withheld in its sole and exclusive discretion.
9. Integration. Amendment, Governing Law. This Agreement embodies the entire
understanding of the parties with respect to the subject matter herein,and the terms hereof control over and
supersede all prior understandings. This Agreement may not be modified or amended in any respect other
than by written instrument signed by the applicable parties hereto. This Agreement shall be construed under
the laws of the State of Florida(exclusive of choice of law rules). Venue for any action arising hereunder
shall lie exclusively in Collier County,Florida.
(Remainder of Page Intentionally Left Blank- Signatures Begin on Next Page)
8
IN WITNESS WHEREOF,each of the parties has executed this Agreement as of the dates set forth
below.
USER:
a Florida
By:
Name:
Title:
Date:
KMCDD:
KEY MARCO COMMUNITY
DEVELOPMENT DISTRICT
By:
Name:
Title:
Date:
9
District Counsel-Incident March 16,2019
To;
The Key Marco Homeowners Association Board of Directors
The Key Marco Community Development District Board Members
This email is sent to address ongoing concerns I have as a Key Marco resident. An incident occurred
recently at our marina on a Saturday evening. Our property manager's husband and his invitees were
observed drinking alcohol at the docks after tying up a boat for a next morning fishing outing. As I was
leaving, I saw them in the marina parking lot standing together by a red car. I informed Katie's husband
John that he has no privilege here and he needs to move the boat. I then left.
On Monday I was contacted by our manager Katie and she asked if I was the person that spoke to her
husband John,I said yes. Her tone with me was quite rude and she terminated the call abruptly.About an
hour later I received a threating email from our HOA Board President. Herb never called me to ask what
had happened; instead he took the side of our employee and proceeded to admonish me as resident. I
resent the threatening email sent by our HOA President and feel that Herb consistently abuses his official
conduct without sanction or Board agreement. I ask that the Board hold him accountable for his actions
before we have another law suit.
My specific concerns to the HOA and CDD Boards are as follows;
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KEY !MARCO
Community Development District
Annual Operating Budget
Fiscal Year 2020
Version 2 - Proposed Budget
(Printed 04/03/19)
Prepared by:
I NTF�RRA�M�A R�K
KEY WROD
Community Development District
Table of Contents
Page#
OPERATING BUDGET
General Fund
Summary of Revenues, Expenditures and Changes in Fund Balances 1 -2
Budget Narrative 3-4
Exhibit A-Allocation of Fund Balances 5
SUPPORTING BUDGET SCHEDULES
2019-2020 Non-Ad Valorem Assessment Summary 6
Key NLamo
Community Development District
Operating Budget
Fscal Year 2020
KEY MARCO
Community Development District General Fund
Summary of Revenues,Expenditures and Changes in Fund Balances
Fiscal Year 2020 Proposed Budget
ADOPTED ACTUAL PROJECTED TOTAL ANNUAL
ACTUAL ACTUAL ACTUAL BUDGET THRU MAR PROJECTED BUDGET
ACCOUNT DESCRIPTION FY 2016 FY 2017 2018 FY 2019 FEB-2019 SEP-2019 FY 2019 FY 2020
REVENUES
Interest-Investments Income $ 3,244 $ 8,336 $ 14,896 $ 8,000 $ 7,152 $ 10,013 $ 17,165 $ 15,000
Hurricane Irma FEMA Refund - - - - 20,834 - 20,834 -
Interest-Tax Collector Investments - - 40 - 226 45 271 200
Non-Ad Valorem Assessments 623,464 586,260 629,800 629,800 540,500 89,300 629,800 629,800
Non-Ad Valorem Assessments Discounts - - (18,377) (25,192) (20,727) - (20,727) (25,192)
Revenue Carry Forward - - 466 - - - -Hurricane Irma Insurance Claim Payout - - - - - - -
Insurance Reimbursements - 70,024 - - - - -
User Facility Revenue - - - - 2,038 2,853 4,891 4,000
Miscellaneous Revenues 5,129 288 - - - - -
TOTAL REVENUES 631,838 594,884 696,849 612,608 550,023 102,211 652,234 623,808
EXPENDITURES
Administrative
Board of Supervisor Fees 5,015 4,800 7,200 9,600 2,400 7,200 9,600 4,800
FICA Taxes 31 - 414 734 184 551 735 367
ProfServ-Mgmt Consulting Service 54,080 31,283 78.750 72,000 31,000 41,000 72.000 72,000
Field Mgmnt Svcs I Contractual Svcs 44,887 57,398 - - - - - -
Transcript Cost 1,180 1,710 1.735 2,400 635 889 1,524 2,400
Auditing Services 4,850 4,875 4.925 5,000 - 5,000 5,000 5,000
Accounting Services 15,000 10,450 13.163 14,150 5,896 8,254 14,150 14,150
ProfServ-Special Assessment 1,000 1,000 1,000 1,000 1,000 - 1,000 1,000
ProfServ-Property Appraiser 9,648 9,648 9,045 9,447 567 8,880 9,447 9,447
ProfServ-Tax Collector 12,469 11,725 7,249 12,596 10,395 2,201 12,596 12,596
ProfServ-Legal Services 18,420 40,754 29,023 25,000 12,631 17,683 30,314 25,000
ProfServ-Engineering - 12,500 7,500 5,000 - 5,000 5,000 5,000
Postage 289 433 287 150 72 101 173 175
Rentals&Leases(Robert Flinn) - 876 300 300 226 316 542 300
Computer Support 811 1,149 993 600 250 350 600 600
Printing&Binding 627 - - - - - - -
Insurance-General Liability 33,272 27,230 27,845 29,926 26,788 - 26,788 29,926
Legal Advertising 2,584 4,421 2,958 4,000 1,743 2,257 4,000 4,000
Office Supplies 519 490 476 500 110 154 264 300
Dues,Licenses,Subscriptions 200 175 265 275 175 100 275 275
Miscellaneous Expense!Bank Charges 799 660 949 750 311 435 746 700
Total Administrative 205,682 221,377 192,077 193,428 94,383 100,372 194,755 188,036
Maintenance and Landscaping
Contractual Services 131,903 139,105 142.898 140,000 58,988 82,583 141,571 140,808
Insurance Workers Comp - 150 - - - - - -
Electric Services - 877 - - - - -
Chemicais - 2,372 - - - - - -
R&M-Trees and Trimming 47,320 7,680 32,330 15,000 2,258 3,161 5,419 7,500
R&M-Pressure Washing - - - - 3,165 4,431 7,596 7,500
Plant Replacement Program 8,667 10,899 26,078 10,000 8,966 1,034 10000 10,000
Exotic Maintenance 599116 13,000 12,232 768 13,000 13,000
Flower Program - 2,817 1,863 5,000 2,415 2,585 5,000 5,000
Mulch Program 11,032 1,260 11,848 9,000 9,484 0 9,484 9,000
Misc-FEMA Expense - - 150,911 - 5,000 - 5,000 -
Total Maintenance and Landscaping 199,520 165,159 366,044 192,000 102,508 94,562 197,070 192,808
Irrigation Services
Contractual Services - 9,770 1,934 6,100 624 874 1,498 1,498
Utility-Water 14,959 18,263 22,921 15,000 18,131 25,383 43,514 40,000
Land Lease 28,083 30,636 30,636 31,000 12,765 17,871 30,636 -
Utilities-Electric 5,470 4,377 6,219 5,000 2,990 4,186 7,176 7,000
Repairs&Maintenance 14,841 12,349 25,811 20,000 10,339 14,475 24,814 25,000
Total Irrigation Services 63,353 75,395 87,521 77,100 44,849 62,789 107,638 73,498
Annual Operating Budget Page 1
Fiscal Year 2020
KEY MARCO
Community Development District General Fund
Summary of Revenues,Expenditures and Changes in Fund Balances
Fiscal Year 2020 Proposed Budget
ADOPTED ACTUAL PROJECTED TOTAL ANNUAL
ACTUAL ACTUAL ACTUAL BUDGET THRU MAR PROJECTED BUDGET
ACCOUNT DESCRIPTION FY 2016 FY 2017 2018 FY 2019 FEB-2019 SEP-2019 FY 2019 FY 2020
Capital Expenditures&Projects
Street Light Project - - 5,000 - - - - -
Bridge Repair - - 15,124 - - - - -
Cap Outlay-Roads - 1,865 28,950 50,000 5,375 - 5,375 46,946
Total Capital Expenditures&Projects - 1,865 49,074 50,000 5,375 - 5,375 46,946
Lighting
Capital outlay/LED Lighting - 14,060 - - - - - -
Utilities-Electric 15,252 17,562 24,187 24,000 2,478 3,469 5,947 7,500
R&M General 19,881 4,596 6,547 6,000 3,649 5,109 8,758 6,000
Misc-Holiday Lighting 4,485 1,345 3,588 3,000 250 2,750 3,000 3,000
Total Lighting 39,618 37,563 34,322 33,000 6,377 11,328 17,705 16,500
Access Control
Contractual Services 77,624 83,448 83,057 86,520 35,837 50,683 86,520 86,520
Utilities-Electric 4,414 6,117 8,360 10,000 2,637 3,892 6,329 7,500
R&M Gate 4,456 6,809 6,785 3,580 2,448 3,427 5,875 5,000
R&M Gatehouse 20,438 10,350 13,722 5,000 1,210 3,790 5,000 5,000
OpSupplies-General - 129 796 250 1,134 1,588 2,722 2,000
Capital Outlay - - 10,000 _ - - - -
Total Access Control 106,931 106,853 122,720 105,350 43,266 63,180 106,446 106,020
Maintenance:Landscape/Hardscape
Capital Outlay - - 46,300 - - - - -
Total Maintenance:Landscape/Hardscape - - 46,300 - - - - -
Roadway Services
Repairs&Maintenance - - 4,812 - - - - -
Total Roadway Services - - 4,812 - - - - -
TOTAL EXPENDITURES 615,105 608,212 902,870 650,878 296,758 332,230 628,988 623,808
Hurricane Irma Expenses
Misc-FEMA Expenses - 41,052 - - - - - -
Total Hurricane Irma Expenses - 41,052 - - - - - -
I TOTAL EXPENDITURES 615,105 649,264 902,870 650,878 296,758 332,230 628,988 623,808
Excess(deficiency)of revenues
Over(under)expenditures 16,733 (54,380) (206,021) (38,270) 253,265 (230,019) 23,246 0
Nel change in fund balance 16,733 (50,530) (206,021) (38,270) 253,265 (230,019) 23,246 0
FUND BALANCE,BEGINNING 844,120 860,853 810,321 604,300 604 300 - 604,300 627,546
FUND BALANCE,ENDING $ 860,853 $ 810,321 $ 604,300 $ 566,030 $ 857,565 $ (230,019) $ 627,646 $ 627,546
Annual Operating Budget Page 2
Fiscal Year 2020
Key Marco
Community Development District General Fund
Budget Narrative
Fiscal Year 2020
Revenue
Interest-Investments
The District earns interest on the monthly average collected balance on their Operating Account.
Special Assessment-Tax Collector
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 during the Fiscal Year.
Special Assessment-Discounts
Per Section 197.162, Florida Statutes, discounts are allowed for early payment of CDD assessments. The budgeted amount for the fiscal
year is calculated at 4%of the anticipated Non-Ad Valorem assessments.
Expenditures
Expenditures-Administrative
PIR Board of Supervisors
Chapter 190 of the Florida Statutes allows for a member of the Board of Supervisors to be compensated for a meeting attendance and to
receive $200 per meeting plus payroll taxes. The amount for the Fiscal Year is based upon all supervisors attending each of the six
scheduled meetings.
FICA Taxes
Payroll taxes for supervisor salaries are calculated as 7.65%of payroll.
Professional Services-Management Consulting Service
The District receives monthly Management services from the Key Marco Community Association at$6,000 monthly.
Transcript Cost
The District receives Transcription services from Pam Arsenault for meeting and landowner minutes.
Auditing Services
The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm,currently,
Grau&Associates.
Accounting Services
The District receives accounting and vendor services from Inframark Infrastructure Management Services.
Professional Services-Special Assessment
Administrative costs for preparation of the District's assessment roll are prepared by AJC Associates,Inc.The annual fee for fiscal year 2018
-2019 was$1,000.
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,computer equipment,postage,and programming.
Annual Operating Budget
Fiscal Year 2020 Page 3
Key Marco
Community Development District General Fund
Budget Narrative
Fiscal Year 2020
Expenditures-Administrative(continued)
Professional Services-Legal Services
The District's legal counsel Coleman,Yovanovich&Koester,P.A. will be providing general legal services to the District,i.e.review operating
and maintenance contracts,email correspondences etc.Fees are based on prior year legal expenses.
Professional Services-Engineering
The District's engineer Fishking &Associates will be providing general engineering services to the District, i.e. road consulting and other
related services.
Innsurance-General Liability
The District's General Liability, Commercial Propery&Public Officials Liability Insurance policy is with Public Risk Insurance Agency.The
Public Risk Insurance Agency provides insurance coverage to governmental agencies.
Office Supplies
Miscellaneous office supplies required to prepare agenda packages.
Annual District Filing Fee
The District is required to pay a$175 annual fee to the Department of Economic Opportunity Division of Community Development.
Expenditures-Maintenance and Landscaping
Contractual Services
Crawford Landscaping is the District's vendor for monthly landscaping services currently at$11,734 monthly.
R&M-Trees&Trimming
Crawford Landscaping is the District's vendor for Tree removal,pruning etc.
R&M-Pressure Watching
OZ Pressure Cleaning is the District's vendor for pressure cleaning of the Guard House,pavers,sidewalks etc.
Expenditures-Irrigation Services J
Contractual Services
Aquagenix is the District's vendor for monthly Aquatics Service currently at$125 monthly.
R&M-General
This expense represents miscellaneous expenses that may arise during the year relating to the normal operations and maintenance of the
District. Examples include any repairs or expenses related to the irrigation system, perimeter wall, landscaping on CDD property and other
unforeseen maintenance needs.
Access Control
Contractual Services
Securitas Security Services USA, Inc is the district's vendor for Guard Services and their current fee is$6,822 monthly.Also included are
year-end bonuses.
Annual Operating Budget
Fiscal Year 2020 Page 4
KEY MARCO
Community Development District General Fund
Exhibit"A"
Allocation of Fund Balances
AVAILABLE FUNDS
Amount
Beginning Fund Balance-Fiscal Year 2020 $ 627,546
Net Change in Fund Balance-Fiscal Year 2020 0
Reserves-Fiscal Year 2020 Additions -
Total Funds Available(Estimated)-9/30/2020 627,546
ALLOCATION OF AVAILABLE FUNDS
Assigned Fund Balance
Operating Reserve-First Quarter Operating Capital 155,952
Subtotal 155,952
Total Allocation of Available Funds 155,952
Total Unassigned(undesignated)Cash $ 471,594
Annual Operating Budget Page 5
Fiscal Year 2020
Key Marco
Community Development District
Supporting Budget Schedules
Fiscal Year 2020
KEY MARCO
Community Development District All Funds
Comparison of Assessment Rates
Fiscal Year 2020 vs. Fiscal Year 2019
General Fund 001 Total
FY 2020 FY 2019 Percent Units
Change
$4,700.00 $4,700.00 0.0% 134
Annual Operating Budget
Fiscal Year 2020
Page 6
Key Marco Community improvement District
Expenditure Report-General Fund
Fa the Pergd(s)hum 00 01,201810 Mol 31,2019
(sail 05 oepanmen)
Pastes Trans.
M. Aee6mL1 0400n01440 TI. WWIda2UM OB,C11141o11 0005004
540004 42.19
Rc50191 M0m9 .R0M.Tr_nd TlhmInq
/008 540000589116000 20956 VENOM C9428FO49/904205C8/9a20 LLC ROW 020 REN0VM
1007,'16 5111099.811560 238198 DOR CRAWFORD LANDSCAPING LLC PCRNONO 1000000
VENDOR CRAWFORO LANDSCAPING LLC ANISR0CHS FOR CATE MDSE 7¢200
mama Nb99.64941.6.00 JEC6016 RC 0940190 4NeYA (0.14.001
0102/19 S4800,900415010 3.611 VENDOR CRAWFORD LANDSCAPING LLC TREE REIGVM
012,120 51.608011506 24009 VENDOR CRMMFORDLANMCAPNC LIG TREE PRUNINSME REAOVM 1957.50
YTOTOW 1.2000
272906921 515.00000
47,00e710602•10.0A 00.002042601 0727416
%48012001 MI%
Pe unl Mane R&M•Rreawre 14,01481
1031/14 516171.01928.5000 00060 JE 02 010.026CN0 49-Curd Mum 99090
122100 D81780911.9000 3000016 10 02 012046(e 41¢8170•P040M8.8179414R45 2.700.00
704100 41810029210000 20000107 !E 07 0e99w 110.0472,PA*,41101991 27500
10TH. 3.109E11
Mnu61111 . 90110
Armuntltewmino p Ipate 0&0001 _.1
%4e1Re1 n4
*060,40 Name R6101,9 8 810111101181100
10/1010 9.9410 4094941 VENDOR 43490EN4 R6CCATF AERATK1680X
1112219 0x210015 e7
12,,10 Nal% 289081 VENDOR LUANII F KERNS GARDEN HOSENERPLIZER 10810
t -5.16660 ORD LMOSCMNG LLC ANTHLVIRR NBPECTNNDEPNRS 1.81600
204n6 518156.51N5-5000 110111 `,x11800 HERB NRUTCSCH HERB KRUTISCH RENNIRSEMEM 32.91
112418 548156.51655090 210006 VENDOR CRA'WFORD LANOSCMNC LLL CULVERT TO DRAINS 420.80
0/10/18
518166.5616.506 ACCRUALS l2. Aar6 Gambol Inv.200011 .1310.00
2/0126 Arra G./Wino 20627 94.210 001
12/0016 410150.93913.9070 24007 VENDOR 4.894240/89,400c0p4H LLC IRR REPAIRS
12127118 94615532915-50130 122/10 /xROOR KATIE AMINE DIGITAL SOIL METER IRR 39.73
1212120 51615458915500 2403 VENWR CRA'WFORD LANUS:MNG LLC GATE HOUSE RR REPAIR 210103
124112 516156519165000 1E000194 JE Moe 0444 S0AN16e.-RaimU9219A 129.60
01417. S0016692919.60Y0 0562369. ViN91R PROUTS PLUM9WG.NC IA2:KFLOW ADAPTERS 2,151.50 51609953911 0000021 Mame:RE66tt05 and Tr116R11q
33000201 l2. RC A10410$eMAMR DEC 18 TO 546198 FR 504102 9.16900 546156.43015 Account Name: Repairs L Maintenance
04212809 041900.8.190.0000 24102a 21282 04015b8b15606 Vf PARD 11,516.50 Cu9Aad Laldlcopng
0095/10 510156620155090 $17157 VE 1193$4412:70 '.}-',r, ?%11y'.'x�t.4�1( 1591400E WELL]A PIMP W0121
V1O Tose 14,594.39
4.(94404
AmovnrmYNn9 10044&01 omega) 8940x65
Ra
%401021 72.7%
Account Nems RBN.Gmerel
102624 0000100031004 610 VENWR CA41pUNDE ELECTRIC STREET LGM REPAIR
122800 946004-5982 99000 0031 VENDOR 000041640 ELECTRIC 110171010REPAIRSs _ ZI1140
101128 516001530015000 2(000190 31 NC CasayoNN E4c0ICLgM repay n 9009810 0460 607440 "` 4 00
Casa3laMe EIOtlTN
01/04/19 01900196285000 6157 VENDOR CASACFANDE ELECERC REPAIR TO VARIOUS LIGHTS922591066p{L
mm
Y21�..: 5159!6
2174111124991 56.000.00
AMIIIIR6ml10011BMO.0042621 30352.0
%0eab. LI"
Account Nam,0610.0210
10/01. 5463453951.50¢ 1116 VENDOR CYPRESS ACCESS SYSTEMS,NC. OCIUOENSERBEE 12,011RACT 29015 I
10.05n9 511031.51917.0040 7322 VENDOR CYPRESS ACCEASYST EMS D.C. SWING GATE CONTROL 0120 0084
1 uolne 06031-99992 9800 7402 vFNOAR C PRESS ACCESS SV06819.INC. NLIVEIARFR SERVICES 291.85 1.
1412/14 5400140812.9000 MN SS
VENDOR C PRE55 ACCESYSTEMS.F.C. CATE COMPUTER REPAIR 4110.00 I
11414/18 540024.09529007 0 DEA SU
VENDOR OATOIOLCE/MAUDE PPLNC 1
12462/16 63053952506 1145.0VE9m0 CYPRESS ACCESS SYSTE1S.INC. DECE6MEK 0(744200 29092 1,
01182119 11630.036525000 3814 VENDOR CYPRESS ACCESS SYSTENS.MIC. 11040X70019 SERVICES 29085 I
02/0419 548034,13909030 7093 000004 cypRESS ACCESS SVSTEMS.IN.. FEBRUARY 4019 SERVICES 29015 •
03/05/19 06074.0972560 063 VENDOR CYPRESS ACCESS SYSTEMS... .MARCH 20195ERVRFS 200.95
YTD Tout 6778.21
40114e1944000 93.56.00
Amami Rem...7AMN0. 004229
01 49..25.2 79016
Account Name:19I1A-02600098
10/01/10 144135,93059.9030 90110 VENDOR IFN.re RENS0ALL5 SIGNS 1206
VENDOR 02KPRESSURE CLEAN9W INC PRESSURE CLEAN WAND HOUSE 1600
12115119 21.]553952.900 6 F
12110/10 51.0]03952 0000 3099 010007 CA00004NOE ELECTRIC STREET LGM REPAIR fir,`-, ' '
10/19'18 516355162560 5381A VENDOR CASAGRANDEELE4TRC ORD H11/407MERREPLACED Y1:.406a 44:193oe'
11/1128 .35.51952.560 1113107 000000 MARIA AIDA LORA V 27000
11/11/18 50019.91911.90011 111310 VENDOR MARIA AIM LORA 6130604 WASTE SRV E 22000
11119118 54900-93052•5000 99 VENDOR OI PRESSURE CLEANNG LIC CLEANEDPAVER551DEWALKSROCKS
.780 le
11/25/18 340039519995000 DOR 02 PRLSSE arm.° C PAVERS CLEANED 2
LMNM.
12/17/10 54803891912 9000 10/NI GOR MMW AIDA90RA RV GATE 22000
1017/18 5463553952.5000 111116 VENWR 14220AIDA LORA 11/15.12/40 REFUSE SIDIS DATE 71000
21635.53652.5000 1E000198 JE RICCougar.x211171 L4110020e It 54605 to 00001 (907401
12211/10 0109019/09 S9He61K,•RImN92 sipm (129.67
1201110 ..39386m0 Jr orgn95 JE 02 45.11420444.0,9
116.00)
1831/10 540075.57992.5000 JE00003 JE OE _ •
1011/I8 21635.539525400 1E000197 JE Or0elwe0e. .60a.s2CIIII. ROCK (01266)
01/26419 5163553950.500. 6000027 VENDOR 61CHAEL R MORIARTY LOCK REPAIR. yRITYIR Oma "5001
5x4015157 66: 500
TI6TM.
Art1040911991 6.0210 1.
AmdxltRBMMOJMMMr2aw169J 55721.6
SO/BMW 46.2%
Account 140010 Op 5w01195.Ca6ra1
10026116 5526153952560 102619 VeNDOR KA'TIEMMNE OtTIOESUPPL ES'MMNE eas 27
11181/10 557001.17952.9090 110419 VENDOR KATIE MMNE CiA I tHUNL05500/MAINE SUFPLIES 11263
11/11910 95/00242952.5000 A11160057 VE11000 MOFFICE SUPPLY.FURNITURE ANOPRNTNG roc 00105 SUMAS 5882
101410 07001.5092-5000 120918 VENDOR KATIE MANE GATEHOUSE I Nth RE SUPPLIES
0080119 2506152931506 030119 9E9000 KATIE MUNE CLEANING SUPW.EB 1.POsiACE 20.10
YTOTaM 1.13300
411444 Budget 016.0
A,,.nlv..102:n9/XOR.weeps.)
994864-1 .60.
I AM615 C000100(21/0000 To. 590A0E54I
1 TOTAL 7/0804T1RES A OTHER FINANCING USES. 5810,40..61
03001 4 1
Key Marco Community Improvement District
Expenditure Report-General Fund
Fix the Periods)from Mar 01,2018 to Mar 31,2019
(Sorted by Department)
Posting Trane
Date Account Al Document# Type Vendor Name Description Amount
DEPARTMENT NAME: IRRIGATION SERVICES
Account Name: Utilities-Electric
03101/18 543041-53915.5000 ACCRUALS JE To accrue Electrify LCEC for Jan&Feb (636.00)
03105/18 543041-53915-5000 VOID VENDOR VOID NEED VOIDED CHECK FOR BANK 001 '
03/06/18 543041 53916.5000 CR030618 VENDOR VOID to clearvoided check (007)
0309112 543041.53915.5000 ACCRUALS JE To accrue Electrify LCEC for Jan-Mer 860.00
03/29/18 543041-53915-5000 ACCRUALS JE To accrue Electricity LCEC for Jan.Mar 186000)
0301/10 543041-53915-5000 ACCRUALS JE To accrue EleCtriityLCEC for Jan-Mar 86000
04/01/18 543041-53915-5000 ACCRUALS JE To accrue Electricity LCEC for Jan-Mar
(860.00)
0400/18 593041-53915-5000 IE000093 JE R/C Org l3nf fr 53921 to 53915.MalerM3826863#Mdl#0-Joni 20.51
04/30/18 543041-53915-5000 J0000094 JE WC Org Unk fr 53971 io 53015-Meler#9427356#41944-Jan'1 70.51
04/30/18 543041-53915.5000 JE000095 JE WC Org Una fr 53921 10 53915-Meler/95089011#####-rani 179.19
04/30/18 543041-53915-5000 J00001199 JE WC Org Unf 6 53921 to 53915-Meler#380048800#4e#•Jan'l 20.51
04/30/18 543041-53915-5000 J0000100 JE WC Org Unit fr 53952 to 53915-Merer138268634/1401-Feb'1 2051
0400/10 543041.53916 5000 JE000101 IE
WC Org Un8 it 53952 to 53915-Meler#9427:555/0/0444•Fen'7 20,51
04/30)18 043041.53915-5000 J0900102 JE WC Org Unit fr 53952 to 53915-Meter#9500901I#4e##-reb'1 20.51
04/30/18 543041-53915-5000 .1E000103 10 WC Org Unit fr 53952 to 53915-Meter#3809488#####/-Feb.1 20.51 '
04/30/18 543041-539155000 JE005104 JE R/C Org Unit fr 53952 t0 53915-Meler#3815001#####-Feb'1 20.51
04/30/18 543041-539155000 .1E000195 JE 0/C Org Una fr 53921 to 53915-Melee#3828803###ael-Mail 20.51
0400/18 540041-53915-5000 JE000106 JE R/C Org Unit fr 53921 to 53915 Merer#9609901###4##-Marl 20.51
04130/18 543041-53915-5000 J0000110 JE RM.Org Ikrit fr 53971 to 53915•Meter#380948g##0N#•Mar'l 20.61
04/30/18 543041-53915-5000 JE000111 JE R/C Ore Unit fr 53921 to 53915-Meter#3826863/0#3#4-Apr'1 20.51
04/30/18 543041-53915.5000 JE000172 JE WC Org Unit fr 53921 to 53915-M ler#9427356N###1•Apr'1 20.51
04/30/18 543041-53915-5000 JE000113 JE R/C Org Unit fr 53921 to 53915-Meter#9508901N###4-Apr'7 20.51
04/30/18 543041-539155000 JE000117 IE R/C Org Una fr 53921 to 53915-Mefer#3809488/lN#1-Aprl 20.51
05131/18 541041-53915-5000 JE000118 JE WC Org Unf fr 53921 to 53915 Meterl3820863044#MI 20.51
05/31/18 543041-539155000 J0000119 JO WC Org Una fr 53921 to 53915 Mater#9508901#/0144 20.51
05/31118 543041-53915-5000 JE000120 JE WC Org Unf fr 53921 to 53915 Meler#38094680AM### 20.51
00515/18 540041-53915-5000 061518-7121 ACH VENDOR LCEC-ACH ELEC 5117-8/15/1819961337121 102.55
07118/18 543041-53915-5000 071818.7121 ACH VENDOR LCEC-ACH ELEC 6776-7/15/1919961337121 20.51
07/18/18 543041-53915-5000 071818.7121 ACH VENDOR LCEC ACH El FC M16-7/150819961337121 24.95
07/18/18 543041-53915-5000 071818-7121 ACH VENDOR LCEC-ACH ELEC 6/16.7/15/18/9961337121 20.51
07/18118 543041-53915-5000 0/1818-/121 ACH VENDOR LCEC-ACH [ICC 6/16.7/15/18#9961337121 6.31
07/18/18 543041.53915.5000 0718187121 ACI-1 VENDOR LCEC-ACH ELEC 6/16-7/150819961.337121 20.51
07/18/18 543041-53915-5000 071818-7121 ACH VENDOR LCEC..ACH ELEC 8/16-7/15/18 09961337721 20.51
07118/18 54304153915-5000 0718187121 ACH VENDOR LCEC-ACH ELEC 6/76-7/1508 39961337121 20.51
08/31/18 543041-53915.5000 .E000137 JE WC LCEC Electric for July to Org.53952 (24.95)
08/31/18 543041-53915-5000 JE000138 JE R/C LCEC Electric for July lo Org.53952 (6.31)
09/31/18 543041-53915-5000 JE000140 JE R/C LCEC Elec for Aug to Org.53915 Meler/3826063#/### 20.51
08/31/10 543041-53915.5000 .1E000141 JE WC LCEC Elec for Aug to Org.53915 Maler#9427356N##0 20.51
08/31/18 543041-53915-5000 .1E000142 JE WC LCEC Elec for Aug to Org.53915 Meter#9508901#N#A# 20,51
08/31/18 543041-53915-5000 JEO(1o147 JE R/C LCEC Elec for Aug to Ory.53915 Meeerl3809488###/#4 20.51
0813118 543041-539155000 JE000149 JE R/C LCEC Eke for Aug to Org.53915 Malar03815801#4400-5 20.51
09/12/18 54309753915-5000 091218.2121 ACI I VENDOR LCEC-ACH ELEC 8/13-9109/1849981337121 21151
0911208 543041.53915-5000 0912187121 ACH VENDOR LCFC.-ACH ELEC 0/13-9/09/18/9961337121 24.13
09/12/18 543041-53915-5000 091218-/121 ACH VENDOR LCEC-ACH CLEC 0/13.9/09/18#9961337121 20.51
09/12/18 543041-53915.5000 091218-7121 ACH VENDOR LCEC-ACJ I ELEC 8/13-9/0911819961337121 20.51
09/12118 543041 53915 5000 091218-7121 ACH VENDOR LCEC-ACH ELEC 8/13-9/79118/9961337127 2051
09/1708 543041-53915.5000 0912187121 ACH VENDOR LCEC-ACH ELEC 8/13-9/09/18 49951332121 20.51
09/31118 543041-53915-5000 JE000165 JE As of January 2010-WC from Diff Org# R/C LCEC FEES•DEC 18#19664 62704//#4/01#/FR 53952 TO 539' 510.45
09/30/18 543041.53915-5000 JE000166 JE As of February 2018-R/C from Dif Org# R/C LCEC FEES-JAN 18#1956462104/#toe####FR 53952 TO 5391 591.64
09/30/18 543041-539155000 JE000167 JE As of March 2018-WC tram D01 Urgl R/C LCEC FEES-FEB 18#1 9564 62 704##/####A#FR 53952 TO 5391 58727
09/30118 543091.53915-5000 JE000168 JE As of Apr 2016-WC from DB Org* R/C LCEC FEES-APR 18#19564627041##01/0000 FR 53952 TO 539' 664.49
09/30/18 543041-53915.5000 /0000160 JE As of May 2018-WC from 0i00rg# R/C LCEC FEES-MAY 18 41956462704########FR 53952 TO 539' 538.29
09/30/18 543041-53915-5000 JE000170 JE As of July 2018-RIC from 040 Nit R/C LCEC FEES-JUL 18 41956 462704 41####8/l FR 53952 TO 5391 000.07
09/30/10 543041.530156000 .1E000171 JE As of June 2018-WC frown DA Ory/ WC LCEC FEES-JUN 18#1056462704##/######FR 53962 TO 5381 615.11
09/30/10 543041-53915.5000 J0000172 JE As or August 2018-WC from Diff Org# R/C LCEC FEES-ADC 16#1956462704##N#N#FR 53952 TO 539 517.79
ownsep94,.. ,;.3}Y. 1.a.>.yN1, 1' .. ':�x. .`i.;-4 :W07.0 ..* W,. L :: � r ....,'..�.r N. 1, .4#01
09/30/19 543041.53915-5000 JE000181 JE CI Income Statement (6,210.97)
`"N ktgi$#ii`b FAMOkka1.s?.°(t. , `sc t.AN.. .,.W,k N?kp .Co iik*i,/yAssue.2ernbVU*iii t `C ifML 0,: ..,Nriva ✓,> .'fv we F- xt:11':
10/26/18 543041 53915 5000 JE000195 IF R/C LCEC Credit for A/CO 6 2 51 4 30000 10 Revenue 89.71
1110010 54304153915.5000 101218.0000ACH VENDOR LCEC-ACH-As of September 2018 9/9-10/9/18 ELEC ACH 559.98
12/03/18 543041-53915-5000 1112180000 ACH VENDOR LCEC-ACH-As of October 2019 10/8.11/8/18 ELEC ACH 69451
p..
1T/' t$a,��.st3l>�4t?.53{t��, N-:5r'd .,..x��-�'- IIK,; a!?Jkfb'l�ttykaroi0..1! ,�:'kTe1' ,�`•�. -x rr.OIS.rfaMK4.,':1, 330iNiiM2If*
12/31/18 543041-53915-5000 1212180000 ACH VENDOR LCEC-ACH•As of November 2018 11/812/9/18 ELEC ACH 656.23
12/31/18 543041-53915-6001/ JEuuII91 JE To Correct November Electric lar LCEC 102.55
4;(10( a * -k34:0,00.O ;r.tJC 000L„b; ;t.. N Ci#iii*if9fj"nee Rfillt?p .?'.. 1 '.gl >.-' flk'hl4 t6..'r :.,",.C,,,P5 V :,`r„m."+c.t(1Gbh5
01/16/19 543041-539155000 011819.0000 ACM VENDOR LCEC.ACH As of December 2018 12/9.1/1308 ELEC ACH 628.80
03/1809 54304153915-5000 021519-0000 ACH VENDOR LCEC-ACH-As Of January 2019 1/13-2/12 ELEC ACH#625143000 548.84
YTD Total 1,399.65
Annual Budget 05000.00
Amount Remaining/(Budgatoverage) 93.600.35
%o/Bucger 28.0%
IIrrigation Servkes Department Total: $1,398.65
DEPARTMENT NAME: LIGHTING,
Account Name: Utilities-Electric
03/20/18 543041 53921.5000 032018-37121 VENDOR LCEC•ACH ELEC I RIC SERVICES 2/12-3/14/18 0,430.19
34/19118 543041.53921.5000 37121-041918 ACH VENDOR LCEC-ACH ELECTRIC SERVICES 3/15-404/10 1214.04
04/19/18 543041-53921-5000 CR 37121.041918 ACH VENDOR LCEC•ACH LATE FEE CREDIT (95.25)
04/30/18 543041-53921-5000 JE000093 JE R/C Org Lint Ir 53921 to 53915-Meler#3828863#e####-Jan'7 (20.51)
04/30/18 543041.53971.5000 JE000094 JE WC Org IAA 9 53921 to 53915-Merer#9427355##1###•Joni (20.51)
04/30/18 543041-53921.5000 J0000595 it R/C Org llnt 6 53021 to 53915 Meler495089014M###0-Jeri 1 (179.19)
Page 1 of 4
Key Marco Community Improvement District
Expenditure Report-General Fund
For the Period(s)from Mar 01,2018 to Mar 31,2019
(Sorted try Department)
Posting Trans. •
Date Account+# Document M Type Vendor Name Description Amount
04/30/18 543041-53921-5000 JE000096 JE WC Org UM fr 53921 0 53952-Meter#95/20594#8#####-Jan (6.311
04130/18 543041-63921-5000 3E000091 JE WC thy Unit 0 53921 1e 53952•Meter#94769514#04#0-3001 (20.51)
04/30/18 543041-53921.5000 JE000098 JE WC Org Unit fr 53921 r0 63952-Meter#94744939#####-Jan 1 (35.83)
04/30/18 543041 53921 6000 6(000090 JE WC Org Unit fr 53921.53915-Meter#3809488,00/0*-Jac1 (20.51)
04130/18 541041-51971.0000 JE000105 JE R/C Org Unh fr 53921 to 53915.Meter#3828863######-Marl (20.51)
04/30/18 543041-53921-5000 3E000106 JE WC Org Unit fr 53921 10 53915-Meter#050/901######-Marl (20.51)
04/30/10 543041-53921.5000 30000103 JE WC Org Unit Ir 53921 to 539552-Mntor#9.5720694##B##e#-Mar (85.251
04/30/18 543041-53921-5000 .IF.010108 JE R/C Ong Unt fr 53921 10 53952-Meter#9476951##4M#-Marl (2051)
04/.10/18 543041-53921-5000 JE000109 JE R/C Org Unit fr 53921 to 53952-Meter/0474493###M##-Marl (34.55)
04/30/10 543041-53921-5000 JE000110 JE WC Org Unit fr 53921 6153915-Meter83809488#####M.Marl (20.51)
04/30118 543041-53921-5000 JE000111 JF
04/30/18 543041-53921-5000 36000112 JE R/C Org Unit//539211053915-M01o1894273560Vl##M-Apr1 (20.51)
WC Org Unit fr 53821 l0 53915-Meterp9427350#B#Btl#-gpYi (20.51)
04/30/18 543041-53921-5000 JE000113 JC WC Org Untfr 5392110 63916 Meter095089010##### Aprl (20.51)
04/30/18 543041-53921-5000 35000111 JE RIC Org Unitfr 53921 10 53952-Meter#9572069490#/048-Apr (8543) I
04130/18 543041-53921-5000 3E000115 10 WC Org Unt fr 53921 to 53952-Meter#9478951##B##M-Ap'1 (20.51)
04)30/18 543041-53921-5000 JE000116 JE R/C Org Unitfr 53921.53952-Meter#947449370/1044-April (39.27)
04/30/18 543041-53021-5000 3E000110 JE WC Org Unit fr 53921 to.53915-Maar#3859488/4##4#-Apr'1 (20.51)
05/21118 643041-53921-5000 052118.37121 VENDOR I CFO-ACH ELEC 4115-5116/18#9961337121 2,581.42
05131118 543041-53921-5000 JE000118 JE WC Org Unitfr 53921.53915 Meter#3026063V904M# (2051)
05131/18 543041-53921-5000 JE000119 JE WC Org Unitfr 53921.53915 Meler09508901149/1*B (20.61)
05/31/19 543041-53921.5000 JE000120 IF WC Org Unit fr53921,053915 Meler03809488#0#01 (20.51)
06/15/18 543041-63921-5000 061518-7121 ACH VENDOR LCEC-ACH ELEC 5/17-8/15/18#9981337121 40.19
0615)18 54304153921-5000 0 61 51 8-71 21 ACH VENDOR LCEC-ACH ELEC 6/17-6/15/1809961337121 2,279.18
07)18/18 543041-53921-5000 071818 7121 ACH VENDOR LCEC-ACH FI.FC 6/16-7/15/18#9961337121 2,770.30
07)18/18 543041-53921.5000 071818.7121 ACH VENOUS LCEC-ACH ELEC 6/16-7/15/18#9961337121 39.92
08/12/18 543041-53921.5000 081218.7121 ACH VENDOR LCEC-ACH ELEC 7/16612/18 89961337121
0801)16 543041.53921-5000 JE000140 JE WC LCEC Elec for 2.520.55
08/31/18 543041-53921-5000 JE000141 JEAug to Org.53915 Meter#9421306#V#### (20.51)
RIC LCEC Elm for Aug to Org.53915 Meterf9427356###M## (20,571
0631/18 543041-53921-5000 JE000142 JE WC LCEC Elm for Aug to Org.53915 Metor#95009011914## (20.51)
08/31/18 543041.53921-5000 JE000143 JE WC LCEC Elm for Aug to Org.53952 Meter#95720694#M#40#E (92.77)
08)31/18 543041-53921.5000 4E000144 IF WC LCEC Elec for Aug to Org.53952 Meler#366076275###B#e#8# (6.31)
0631/18 543041.53921-5000 JE000145 JE WC LCEC Elec for Aug to Org.53952 Meter/79476951MMMM#M (20.51)
0631/18 543041.53921-:000 JE000146 JE WC LCEC Elec for Aug to Org.53952 Merar#947449380##0# (34.011
0631/18 543041-539215000 J00011147 IE WC LCEC Elec for Aug to Org.53915 Meef13809488###8## 120.51)
0631/18 543041-53921.5000 JE000148 JE RIC LCEC Elec for Aug to Org.53952 Meter#3748489#8#### 124.50)
0631/18 543041-53921-5000 JE009148 JE WC LCEC Elec for Aug to Org.53915#01393815801#M##M (20.51)
09/12/18 543041-63921-5000 091218 7121 ACH VENDOR LCEC-ACH Fl FC 8/13-51/09/18#9961337121 2.319.02
09/30/18 543041-53921.5000 1E000011 JE Close Income Statement (24,185.66)
1(X31)10 543041-53921-5000 ACCRUALS JE To accrue ElectreityLCEC for Oct#1371402529####B#### 645.58
11/01118 543041-53921-5000 ACCRUALS JE To accrue Eledrkly LCEC for Oct#1371402529#RIX#Y### (645.58)
11/3618 543041-53921-5000 JE000184 JE To record LCEC Street lighting for Oct'18 92/.08
11730/18 543041-53921-5000 4E0(0184 JE to record LCEC Street lighting for Nov'143 1,011.81
11130118 543041-53921.5000 ACCRUALS JE To accrue Elecuicity LCEC for November 83.41
12/01/18 543041-53921.5000 ACCRUALS 1F To accrue Eleclricty LCEC fof November (83,41)
12473/18 543041-53921-5000 111218-0100 ACH VENDOR LCEC-ACH-Aso(October 2010 1019-11/618 ELEC ACH 83.41 WC this to 53915?
12/27/18 543041-53921-5000 DEP00026 ANK ACCOUF Wilkins-Electric-REIMS OF MARINA PK LIGHTS (90.95)
12/31/18 543041-63921-6000 1212160000 ACH VENDOR LCEC-ACH-As of November 2010 11/8-12/9/18 ELEC ACH 83.41 WC this to 53915?
17/31/18 543041-53921-5000 JE000191 JE To Correct November Electric for LCEC 2,322.33
01/1619 543041-53921-5000 0116190000 ACH VENDOR LCEC•ACH-As of Decernber 2018 12/9-1113/19 ELEC ACH 84.19 WC this to 53915?
01/3119 543041-53921-5000 JE000202 JE Move LCEC credits 10 543041 1/369900 (2,02840)
03/1619 543041-53921-6000 021519.0107 ACH VENDOR I.CEC-ACH 1113-292 ELEC ACH#605143000 93.98
YTD Total (7.096.40)
Annual Budget 815,000.00
Amount Remaining/(Budget overage) $22096.40
%of Budget -473%
LigMhtg Department Total U7.005.061
DEPARTMENT NAME; ACCESS CONTROL
Account Name: Utilities-Electric
03/02/18 543041-53952-:000 030218-4146 ACH VENDOR COMCAST-ACH 3/15.4/14/18 INTERNET ACH 91.85
03/04/18 643041.53952-5000 032710-9939ACH VENDOR CENTURYLNK-ACH UTILITY CENTURYLNK#311469839 310.41
03/09/18 543041-53952-5000 CR021110-31121 VENDOR LCEC-ACH Payment rejected huts verOur (1,196.95)
03/1618 54304653952.5000 031918-30000 VENDOR LCEC•ACH ELECTRIC SERVICES 2112-3/14/18 587.27
03/26/18 543041-53952-5000 03201867300 VENDOR COLLIER COUNTY PUBLIC UTILITIES DEPT. SERVICES 7/70.3120/18 144.04
03/30118 543041-53957-9ltI5) 03301829611 VENDOR CITY OF MARCO ISLAND-ACH GUARD GATE 429611 98.25
04/02/18 543041-53952-5000 040218-24146 VENDOR COMCAST-ACH 4)15.06/1498 INTERNET ACH 110.85
04/04/18 543041.63962-5000 040418-69839 VENDOR CENTURVLNK-ACH UTILITY CENTURVLNK#311469839 30999
04/30/18 543041-53952-55000 043018-29811 VENDOR CITY OF MARCO ISLAND-ACH GUARD GATE 029611 93.5/
04/30/18 543041-53952.5000 .1E000095 JE WC Org Unit fr 53921 to 53952-Meter#95720694####4/8#•Jen 6.31
04/30/18 543041-53952-5000 JE000097 JE WC Org link fr 53921 In 53952-Mete09478951M####B.Jeri 1 20.51
04/30/18 543041-53952-5000 JE010098 JE 6/C OrgUnitif 53921 to 53952-Meter#9474493/01#40-309e1 35.83
0413618 543041-53952-5000 1E000109 JE WC Org Unit Ir 53952 to 53915-Melee/382686344444#-Feb'1 (20.51)
04130/18 543041-53952.5000 JE000101 JE WC Org Unit fr 53952 to53915-Meter#9427356####M#-Feb'1 (20.61)
04139/18 643041.53952.5000 JE00D102 IF WC Org Unit fr 53952 to 53915-MelerV9508901#B####-heb'1 (20.51)
04/30/18 543041-53952-5000 .1E000103 JE WC Ory Unit fr 53952 10 53915-Meter/3809488*#S7M#-Feb'l (20.51)
04/30/18 543041.53952-5000 JE009104 JO WC Org Unitfr 53952 to 53915 Motor#3815801######-Feb'1 (20.51)
04/30/18 643041-63952-6000 3E000107 JE WC Org Unh fr 53921(053952-Meter#95720694#######-Mar 80.75
04/30/18 543041539525000 JE000108 JE WC Org Unl fr 53921053952-Meler#9478951#M#eI#-num 20.51
0430)18 543041.53952.5000 3E000103 JE WC Org Unitfr 53921.53952-Meter#0474493#ff WM-Marl 34.55
04/30118 543041-53952.5000 JE000114 JE WC Org Link Fr 51921 to 53952-Meler195720194######0-Apr 85.43
04/30/18 543041.53952-5000 1E000115 JE WC Org UM fr 53921 0 53952-Met3#6415851 Mt#8#9-9761 20.51
04/30/18 543041-53952-5000 JE000116 JE WC Org Unitfr 53921 to 53952-Meter8047/403#M####-Apr1 39.27
05/02/18 543041-53952-5000 050218-24146AC11 VENDOR COMCAST-ACH 5/16.0614/19 INTERNET 110.85
05/04/18 543041.53952-5000 05041869839 ACH VENDOR CENTURYI NK.ACH UTILITY CENTURYLNK#311469639 310.48
0621/18 543041-53952-5000 052118-30000 VENDOR LCEC-ACH SERVICES 4/15-59610 604.49
- Page 2of4
•
Key Marco Community Improvement District
Expendture Report-General Fund
For the Period(s)from Mar 01.2018 to Mar 31.2019
(Sorted by Department)
Posting Trans.
Date Account 4 Document 8 Type Vendor Name Description mount
05/24/10 543041-53952-:000 05241667300 VENDOR COLLIER COUNTY PUDIC UTILITIES DEPT. SERVICES 4/19-05/18118 147.03
05131118 543011-53952-5000 2518 VENDOR CITU OF MARCO ISLAND-ACH GUARD GATE 829611 93.57
05731/19 543041-53952.5000 DLP00009 ANK ACCOUP Ulltles-Electric (29.76)
06102/18 543041-53952-1000 06021824146 VENDOR COMCAST-ACH 6/15.07/14/18 INTERNET 110.85
06/04/18 543041 53952 5000 060418 9839 ACH VENDOR CENTURY LINK ACH 6/4-7/3/18 SERVICES 310.48
06/07/18 543041-53952-6000 052118-30000 ACH VENDOR LCEC-ACH ACH PAYMEN I 695.32
06/13/18 543041-53952-5000 CR 052418-67300 VENDOR COLLIERCOUNTY PUBLIC UTILITIES DEPT. ACH AMT INCORRECT (144.04)
06/15/16 543041-53952-5000 061618.7121 ACH VENDOR LCEC-ACH ELEC 5/17.6/15/18 49961337121 170.77
06/29118 543041.53952-5000 06291829611 VENDOR CITY OF MARCO ISLAND.ACH GUARD GATE 429611 93.57
06/29/18 543041-53952-5000 0629189611 ACH VENDOR CITY OF MARCO ISLAND-ACH GUARD GATE 029611 93.57
7104/18 543041-53952-5000 070418.9039 VENDOR CENTURYLNK-ACl/ 7/4-8/3118 SERVICES 314.54
7112/18 543041-53952.5000 0620180000 ACH VENDOR LCEC-ACH SERVICES 5/17.6115/18 538.29
7/19/18 543041-53952-5000 0718181121 ACH VENDOR LCEC-ACH ELEC 6/167115/1089961337121 95.22
7/16/19 543041-53952-5000 071810.7121 ACH VENDOR LCEC-ACH ELEC 6/167/16/1089961337121 33.28
7/18/18 643041-53952-5000 0718187121 ACH VENDOR LCEC•ACH ELEC 6/167/1511849961337121 20.51
7126118 543041-53957-5000 0702184146 ACH VENDOR COMCAST-ACH //15-08/14/19 INTERNET 11085
7/31/18 543041.53952-5000 073118.29611 ACH VENDOR CITY Of MARCO ISLAND•ACH GUARD GATE 429611 93.57
08/01/18 543041-53952.5000 0731169611 ACH VENDOR CITY OF MARCO ISLAND•ACH GUARD GATE 429611 93.57
08814/18 643041-539525090 0804189839 ACH VENDOR CENTURY LINK ACH 8/4-9/3/18 SERVICES 4311469839 32240
88/15/18 543141-53952-50W 081518-WOOACHVENDOR LCEC-ACH 7/16.8/12/18ELEC ACH 600.0/
08/15/18 54304153952.5000 0718180000 ACH VENDOR LCEC-ACH 6116-7/15/18ELEC ACH 615.11
08/24/18 543041-53952.5000 CR 062918-9611 ACH VENDOR CITY OF MARCO ISLAND•ACH DIIPI 0/ATF PAYMENT (93.57)
08124/10 543041-53952.5000 CR 073118.29611 ACH VENDOR CI I YOF MARCO ISLAND-ACH DUPLICATE PAYMENT 193.571
08/27/18 543041.53952-5000 080218-4146 ACH VENDOR COMCAST-ACH 0/15-09/14/18 INTERNET 11085
08131/18 643041-63952.5000 083118-ACH VENDOR CITYOF MARCO ISLAND-ACH SW GUARD GATE AUG 93.57
08/31/18 543041-539525000 083118-9611 ACH VENDOR CITY OF MARCO ISLAND ACH GUARD GATE 829511 93.57
08131/18 543041-53952-5000 1E000137 JE WC LCEC Electric for Judy to Org.53952 24.95
08/31/18 543041-53352.5000 JE000136 JE WC LCEC Electric for July to Org.53952 6.31
98/31/19 543041-53962-5000 .1E000143 JE WC LCEC EIec for Aug ID Org.53952 McIer49572069484##848 92.77
08/31/18 543041-539524000 JE000144 JE WC LCEC Elm for Aug to Org.53952 Meler4368076275444448484 6.31
08/31/10 543041.53952-5000 JE000145 JE WC LCEC Cleo for Aug to Org.53952 NAIer89476351444844 20.51
06/31/19 543041-539525000 JE000146 JF R/C 1 CFC Flee for Aug to Org.53957 511e1et49474493444884 34.01
0831/16 543041-53952-508 JEU0140 JE WC LCEC Elec for Aug to Org.53952 Metet43748489844844 24.50
09/02/18 54304153952-5000 0902184140 ACH VENDOR COMCAST-ACH 9/15.10/14/18 INTERNET ACH 110.85
09/04/18 54304153952-5000 0904189839 ACH VENDOR CENTURYLINK-ACH9/4.10/3/10239.394.0982ACH 322.80
09112/18 543041-53952-5000 091218.7121 ACH VENDOR LCEC-ACH ELEC 9/13.9/09/1849961337121 6.31
09.112/18 543041.53952-5000 0912197121 ACH VENDOR LCEC-ACH ELEC 0/13.9/09/1049961337121 34.01
09/12/18 543041-53952-5000 001218.7121 ACH VENDOR LCEC-ACH ELEC 8/13.9/09/1849961337121 20.51
09/17/19 043041.53957.5000 001718.7121 ACH VENDOR ICFC-ACH ELEC 8/13.9109/1819961337121 8500
09112/18 543041-53952-5000 091218.0000 ACH VENDOR LCEC-ACH 8/13-9/09/18 EL EC ACH 512.29
09/28/18 543041.53952.5000 002818 ACH VENDOR CITY OF MARCO ISLAND-ACH SW GUARD GATE SEPTEMBER 93.57
09/30/18 543041.53952-5000 1E000185 JE WC LCEC FEES-DEC 1841956462704444###444 FR 53957 TO 539' (510.45)
09/3016 543541.53952-5000 1E000166 JE WC LCEC FEES-JAN 18 41958452704448444484 FR 53952 TO 5391 (591.64)
09/30/18 543041-539525000 JE000167 JE WC LCEC FEES-FEB 18 41956462704484488484 FR 53952 TO 5391 (587.27)
09/30/18 643041-53952-5000 .1E000168 .IE WC LCEC FEES-APR 18 41956462704448444844 FR 53952 TO 539 (664.49)
09/30/18 543041-539525000 JE000169 JE WC LC EC FEES-MAY 1841956462701#8848444#FR 53952 TO 539 (538.29)
0930/18 543041-53952-5000 .5E000170 JE WC LCEC FEES-JUL 10 41956462704488484848 FR 53952 TO 5391 (600.07)
09/30/18 543041-53952-5000 JE000171 JE R/C LCEC FEES-JUN 18819564627044844848##FR 53952 TO 5391 (615.111
09/30/18 543041-53952.5000 JE000172 JE WC LCEC FEES-AUG 1841956462704884848488 FR 53952 TO 539 (512.79)
09130/18 543041.53952.5000 JE000181 JE Close Income Statement (8,249.20) li
00130/18 543041-53952-1000 JE000181 JE Close Income Statement (110.65)
5012/18 543041.53952.5000 100218.4146 VENDOR COMCAST-ACH 10/1511114/18 INTERNET ACH 110.86
0/04/18 543041-53952-5000 100418-9839 VENDOR CENTURYLINK-ACH10/4-11/3/18 SERVICE ACH 323.71
0/31/10 543041.53952.5000 2454 ACII VENDOR CITY OF MARCO ISLAND-ACl/ OCTOBER SW GUARD GATE 9357
0/31/18 543041.539525000 ACCRUALS JE To accrue Electricity LCEC for Oct 4137140252988##84444 178.95
1101/18 543041-53952-50W ACCRUALS JE To accrue El8c9tay LCEC for Oct 41371402529484848484 (1/8.951
1/02/18 543041-53952.5000 110218.4146 ACH VENDOR COMCAST-ACH 11/1512/14/19 INTERNET ACH 110.85
1/02/18 643041-53952.5000 101218-7121 A VENDOR LCEC-ACH 919/18.10/9/18 ELEC ACH 2.603.831,
1104/18 543041-53952.5000 110418.9839 ACH VENDOR CENTURY LINK-ACH 11/4-12/3/18 SERVICE ACH 324.70
1730/18 543041-53952.5000 113018.29611 ACH VENDOR CITY OF MARCO ISLAND-ACH WATER FOR GUARD GATE 92.67
1/30/18 543041639525000 ACCRUALS JE To accrue Eledreiy LCEC for November 92.67
•
2101/18 543041-53952,5000 ACCRUALS .1F In accrue Electricity LCEC tur November (92.67)
2102/18 543041-53952-5000 120218-4146 ACH VENDOR COMCAST-ACH 12/15-1/14/18 INTERNET ACH 110.85
2/25/18 543041-53352-5000 2450 ACH VENDOR CITY OF MARCO ISLAND•ACH NOVEMBER GUARD HOUSE SRV 92.67
2/27/18 543041.53952-5000 1204189839 ACH VENDOR CENTURYLNK-ACH 12/4-113/19 SERVICE ACH 324.70
231/18 543041.53952.5000 JE000191 JE Tu 001,861 November Electric for LCEC (2.424.88)
1102/19 543041-53952-5000 2447 ACH VENDOR CRY OF MARCO ISLAND-ACH DECEMBER SW GRD GATE ELECTRIC 92.67
1/02/19 543041-53952-5000 CM 2447 ACH VENDOR CITY OF MARCO ISLAND-ACH DUPLICATE PAYMENT (92.67)
1/04/19 543041.53952-5000 010419.9839 VENDOR CEN IURYLNK-ACH 1/4.2/3/19 SERVICE ACH 321.62
1/28/19 543041-53952-5000 010219.24146ACH VENDOR COMCAST-6CH 1115-2/14/19 SERV ACH 40224146 112.97
1/31/19 543041 53952 5000 CR 083118-ACH VENDOR CITY OF MARCO ISLAND ACH DUPLICATE ACH (93.671
1/31/19 543041-53952-5000 013119.9611 VENDOR CITY OF MARCO ISLAND•ACH JANUARY SW GRU GAIE ELEC RIC 92.67
2/02/19 543041-53952-5000 920219.4146ACH VENDOR COMCAST-ACH 2/15-3/14/19 INTERNET ACH 113.14
2104/19 543041.539525000 3204199839 ACH VENDOR CENTURY LINK-ACH 2/4-33119 NTERNET ACH 326.56
3/05/19 543041.53952.500(4 022919-9811 ACH VENDOR CRY OF MARCO ISLAND•ACH FEBRUARY SW ORD GATE ELECTRIC 92.67
YTD Total (2.484.96)
Annual Budget 110,000.00
Amount Remaining//Budget overage) 812,484.96
%01 Budget -24.8%
Access Control Department Total: (62,484.96)1
TOTAL EXPENDITURES&OTHER FINANCING USES: f (8,181.71)1
Page 3 of4
Key Marco Community Improvement District
Expenditure Report-General Fund
For the Period(s)from Mar 01,2018 to Mar 31,2019
(Sorted by Department)
Posting Trans.
Date Account# Document# Type Vendor Name Description Amount
11/2712018 549028.53921 zF ., . 4.mtIVk
12126/2017 '�r =v , ..................................
(1,Sk1p09}�.
for Quality Enlerynses
Page 4 of 4
Key Marco Community Improvement District
Expenditure Report-General Fund
For the Period(s)from Mar 20,2019 to Apr 08,2019
(Sorted by Department)
Posting Trans.
Date Account# Document# Type Vendor Name Description Amount
DEPARTMENT NAME: LEGISLATIVE
Account Name: PIR-Board of Supervisors
03/21/19 511001-51101-6000 PAYRO00008 PAYROLL Summary of March 21,2019 Payroll Posting 800.00
YTD Total 800.00
Annual Budget $9,600.00
Amount Remaining/(Budget overage) $8,800.00
%of Budget 8.3%
Account Name: FICA Taxes
03/21/19 521001-51101-6000 PAYRO00008 PAYROLL Summary of March 21,2019 Payroll POSti g 61.20
YTD Total 61.20
Annual Budget $734.00
Amount Remaining/(Budget overage) $672.80
%of Budget 8.3%
Legislative Department Total: $861.20
DEPARTMENT NAME: FINANCIAL AND ADMINISTRATIVE
Account Name: ProfServ-Tax Collector
YTD Total
Annual Budget 612,596.00
Amount Remaining/(Budget overage) $12,596.00
%of Budget 0.0%
Account Name: Accounting Services
YTD Total -
Annual Budget 514.15000
Amount Remaining/(Budget overage) $14,150.00
%of Budget 0.0%
Account Name: Postage
YTD Total -
Annual Budget 6150.00
Amount Remaining/(Budget overage) $150.00
%of Budget 0.0%
Account Name: Rentals&Leases
YTD Total -
Annual Budget $300.00
Amount Remaining/(Budget overage) $300.00
%of Budget 0.0%
Account Name: Legal Advertising
YTD Total -
Annual Budget $4,000.00
Amount Remaining/(Budget overage) $4,000.00
%of Budget 0.0%
Account Name: Miscellaneous Services
YTD Total -
Annual Budget $750.00
Amount Remaining/(Budget overage) $750.00
%of Budget 0.0%
Account Name: Misc-Contingency
03/20/19 549900-51301-5000 CREDIT CARD JE CREDIT CARD FEES 0.70
03/21/19 549900-51301-5000 CREDIT CARD JE CREDIT CARD FEES 0.28
03/24/19 549900-51301-5000 CREDIT CARD JE CREDIT CARD FEES 4.19
03/25/19 549900-51301-5000 CREDIT CARD JE CREDIT CARD FEES 0.14
03/26/19 549900-51301-5000 CREDIT CARD JO CREDIT CARD FEES 0.56
03/27/19 549900-51301-5000 CREDIT CARD JE CREDIT CARD FEES 0.98
03/28/19 549900-51301-5000 CREDIT CARD JE CREDIT CARD FEES 1.26
03/31119 549900-51301-5000 CREDIT CARD JE CREDIT CARD FEES 3.21
Page 1 of 3
Key Marco Community Improvement District
Expenditure Report-General Fund
For the Period(s)from Mar 20,2019 to Apr 08,2019
(Sorted by Department)
Posting Trans.
Date Account# Document# Type Vendor Name Description Amount
YTD Total 11.32
Annual Budget $0.00
Amount Remaining/(Budget overage) jS7 s._2)
%of Budget n/a
Account Name: Transcript Cost
YTD Total -
Annual Budget 32,400.00
Amount Remaining/(Budget overage) $2.400.00
%of Budget 0.0%
Account Name: Computer Support
YTD Total -
Annual Budget $600.00
Amount Remaining/(Budget overage) $600.00
%of Budget 0.0%
Account Name: Office Supplies
YTD Total -
Annual Budget $500.00
Amount Remaining/(Budget overage) $500.00
%of Budget 0.0%
Financial And Administrative Department Total: $11.32
DEPARTMENT NAME: IRRIGATION SERVICES
Account Name: Contractual Services
YTD Total -
Annual Budget $6,100.00
Amount Remaining/(Budget overage) $6,100.00
%of Budget 0.0%
Account Name: Utility-Water
YTD Total -
Annual Budget $15.000.00
Amount Remaining/(Budget overage) $15,000.00
%of Budget 0.0%
Account Name: Utilities-Electric
03/29/19 543041-53915-5000 DEP00031 ANK ACCOUt Utilities-Electric (118.22)
YTD Total (116.22)
Annual Budget $5,000.00
Amount Remaining/(Budget overage) $5,118.22
%of Budget -2.4%
Account Name: Repairs&Maintenance
YTD Total
Annual Budget 320,000.00
Amount Remaining/(Budget overage) $20,000.00
%of Budget 0.0%
Account Name: Land Lease
YTD Total
Annual Budget 831,000.00
Amount Remaining/(Budget overage) $31,000.00
%of Budget 0.0%
Irrigation Services Depanment Total: ($110.27)
DEPARTMENT NAME: LIGHTING
Account Name: Utilities-Electric
Page 2 of 3
Key Marco Community Improvement District
Expenditure Report-General Fund
For the Period(s)from Mar 20,2019 to Apr 08,2019
(Sorted by Department)
Posting Trans.
Date Account# Document# Type Vendor Name Description Amount
03/31/19 543041-53921-5000 JE000204 JE LC EC Credit for Jan&Feb Streetlights#19564627046######## (213.26)
YTD Total (213.26)
Annual Budget $24.000.00
Amount Remaining/(Budget overage) $24,273.26
%of Budget -0.9%
Account Name: R&M-General
YTD Total
Annual Budget 86,000.00
Amount Remaining/(Budget overage) $6,000.00
%of Budget 0.0%
Lighting Department Total: (1213.26)
DEPARTMENT NAME: ACCESS CONTROL
Account Name: Contractual Services
YTD Total -
Annual Budget 886,520.00
Amount Remaining/(Budget overage) $85,52000
%of Budget 0.0%
Account Name: Utilities-Electric
YTD Total -
Annual Budget $10,000.00
Amount Remaining/(Budget overage) $10,000.00
%of Budget 0.0%
Account Name: R&M-Gate
04/01/19 546034-53952-5000 9136 VENDOR CYPRESS ACCESS SYSTEMS,INC. APRIL SERVICE 290.85
YTD Total 290.85
Annual Budget 83,580.00
Amount Remaining/(Budget overage) $3,289.15
%of Budget 8.1%
Account Name: R&M-Gatehouse
YTD Total
Annual Budget $5,000.00
Amount Remaining/(Budget overage) $5,000.00
%of Budget 0.0%
Account Name: Op Supplies-General
YTD Total
Annual Budget 8250.00
Amount Remaining/(Budget overage) $250.00
%of Budget 0.0%
Access Control Department Tetak $290.85
TOTAL EXPENDITURES&OTHER FINANCING USES: S 831.89
Page 3 of 3
KEY MARCO CDD
FEMA Reimbursements Received
Deposit Check
Date Amount
11/30/2018 $ 6,776
12/14/2018 $ 3,184
12/27/2018 $ 2,008
12/27/2018 $ 8,865
3/7/2019 $ 3,447
3/7/2019 $ 6,285
3/7/2019 $ 27,574
3/7/2019 $ 37,708
Total $ 95,846
RESOLUTION 2019- 0$
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
KEY MARCO COMMUNITY DEVELOPMENT DISTRICT
APPROVING A PROPOSED BUDGET FOR FISCAL YEAR
2019-2020 AND SETTING A PUBLIC HEARING THEREON
PURSUANT TO FLORIDA LAW; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICT AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the District Manager has heretofore prepared and submitted to the Board of
Supervisors (the "Board") of Key Marco Community Development District (the "District") a
proposed budget for Fiscal Year 2019-2020 prior to June 15, 2019, a copy of which is attached
hereto and made a part hereof as Exhibit"A",and
WHEREAS,the Board 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
KEY MARCO COMMUNITY DEVELOPMENT DISTRICT:
Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein
as if written into this Section.
Section 2. Proposed Budget. The proposed Budget submitted by the District Manager
for Fiscal Year 2019-2020 and attached hereto as Exhibit"A" is hereby approved as the basis for
conducting a public hearing to adopt said budget.
Section 3. Public Hearing. A public hearing on said approved budget is hereby declared
and set for the following date, hour and location:
DATE: July 17, 2019
HOUR: 8:30 a.m.
LOCATION: Key Marco Community Center
505 Whiskey Creek Drive
Marco Island, Florida 34145
Section 4. Submittal to Local Governing Authorities. The District Manager is hereby
directed to submit a copy of the proposed budget to the City of Marco Island and Collier County
at least sixty(60)days prior to the hearing date set forth above.
Section 5. Notice. Notice of this public hearing on the budget shall be published in a
newspaper of general circulation in the area of the district once a week for two (2) consecutive
weeks,except that the first publication shall not be fewer than fifteen(15)days prior to the date of
the public hearing. The notice shall further contain a designation of the day,time,and place of the
public hearing. At the time and place designated in the notice, the Board shall hear all objections
1
to the budget as proposed and may make such changes as the board deems necessary. Further, in
accordance with Section 189.016, Florida Statutes the proposed budget will be posted on the
District's website at least two(2)days prior to budget public hearing.
Section 6. Severability. Should any sentence, section, clause, part or provision of this
Resolution be declared by a court of competent jurisdiction to be invalid,the same shall not affect
the validity of this Resolution as a whole,or any part thereof,other than the part declared invalid.
Section 7. Conflicts.All Sections or parts of Sections of any Resolutions or actions of the
Board in conflict are hereby repealed to the extent of such conflict.
Section 8. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17th day of April, 2019, by the Board of Supervisors of
Key Marco Community Development District,Collier County,Florida.
KEY MARCO COMMUNITY
Attest: DEVELOPMENT DISTRICT
ly
, 2/7/Z/7-0CA7--1--4— ,:;0-
Secre •y ' sis a t Secretary Maureen McFarland,Chair
2
RESOLUTION NO.2019-07
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KEY MARCO
COMMUNITY DEVELOPMENT DISTRICT ESTABLISHING POLICIES AND
PROCEDURES FOR APPROVING SPECIAL EVENT APPLICATIONS; REPEALING
AND REPLACING RESOLUTION 2013-01 AUTHORIZING THE DISTRICT
MANAGER TO EXECUTE DOCUMENTS RELATING TO APPROVED SPECIAL
EVENT APPLICATIONS; PROVIDING FOR PRESENTATION OF APPROVED
SPECIAL EVENT APPLICATIONS FOR INFORMATIONAL PURPOSES TO THE
BOARD OF SUPERVISORS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Key Marco Community Development District (the "District") is organized
for purposes which include ownership and operation of certain infrastructure within or benefiting
the residential development known generally as Key Marco; and
WHEREAS, throughout the year, the District receives various requests by individuals,
groups, or organizations to hold special events on certain District property; and
WHEREAS,the Board of Supervisors desires that special event applications be presented
to the Board for review and consideration; and
WHEREAS,the Board of Supervisors desires to approve updated policies and procedures
for the review and approval(if applicable)of special event applications. And,further,with respect
to any special event applications approved by the Board, the District Manager shall have the
authority to execute necessary documentation in connection with the approval of such special event
application.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT:
Section 1. The foregoing recitals arc true and correct and incorporated herein as if
written into the body of this Resolution.
Section 2. Resolution 2013- ,which was previously adopted by the Board relating
to this subject matter is hereby repealed and replaced in its entirety by this Resolution.
Section 3. The Special Event Policies and Procedures attached hereto and made a part
of this Resolution as Exhibit"A"are hereby approved for use by the District.
Section 4. The form of Agreement Regarding Use of District Facilities attached hereto
and made a part of this Resolution as Exhibit "B" is hereby approved for use by the District in
substantially the form attached.
Section 5. The District Manager is hereby designated by the District and authorized by
the District to carry out the policies and procedures set forth herein and to execute such documents
as necessary to accomplish the same.
1
Section 6. The policies and procedures attached to this Resolution as Exhibit"A"and
the form of Agreement attached to this Resolution as Exhibit"B"shall stay in full force and effect
until such time as the Board of Supervisors may amend or rescind said policies, procedures or
agreement form(s).
Section 7. A copy of any executed Agreement pursuant to this policy shall be made
available to the Board of Supervisors for informational purposes only at its next regularly
scheduled meeting following full execution of the Agreement by the District Manager; provided,
however,that any failure to present said application shall not affect the validity or implementation
of this Resolution.
Section 8. Should any sentence,section, clause,part or provision of this Resolution be
declared by a court of competent jurisdiction to be invalid,the same shall not affect the validity of
this Resolution as a whole,or any part thereof,other than the part declared invalid.
Section 9. All Sections or parts of Sections of any Resolutions or actions of the Board
in conflict are hereby repealed to the extent of such conflict.
Section 10. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17`1'day of April,2019.
KEY MARCO COMMUNITY
Attest: DEVELOPMENT DISTRICT
C-')
/ .'(. .--6:V7 6,,,
Secretary/Assistant Secretary Maureen McFarland, Chair
2
Exhibit "A"
Special Event Policies and Procedure
A. Generally
1. A "Special Event" shall mean any event held, in whole or in part, on property
owned by the District that includes a group of people gathering to participate in an activity
involving more than normal, everyday use of the District property. Examples of special events
include,without limitation,walk-a-thons,bicycle races,running races,or other athletic events.
2. The District Manager shall develop and establish an application form to facilitate
the intake of requests for use of the District's facilities for Special Events. Any individual,
organization or group desiring to conduct a Special Event may obtain from the District Manager a
Special Event application to conduct a Special Event.
3. There shall be a limit of two(2) Special Events per calendar year.
4. The District reserves the right,to be exercised by the Board of Supervisors,to deny
any Special Event application based on safety,site capacity,scheduling considerations,time of the
proposed function or expected duration, potential for community disturbance, consistency with
atmosphere of operations within the District, other issues impacting the community or as may be
in the best interests of the District.
5. Any individual,organization or group that has a Special Event application approved
must enter into an agreement with the District with regard to the Special Event,which agreement
will specify the terms of use and wherein the Special Event holder will acknowledge that it has
read and agrees to abide by the policies and procedures of the District. The form Agreement
Regarding Use of District Facilities attached as Exhibit "B" to these Special Event Policies and
Procedures is hereby approved for use as a form by the District as appropriate. Further, as it is
recognized that circumstances may arise where one party or another may request certain
modifications to the form agreement, the District Manager shall be permitted, after consultation
and approval by District Counsel, to make modifications to the form agreement as may be
requested by a party, provided such modifications do not materially and unreasonably alter the
intent, purpose and protection provided to the District by the form agreement. The District
Manager is hereby designated by the District and authorized by the District to execute, when
appropriate, the Agreement Regarding Use of District Facilities in connection with applicable
approved Special Events.
5. Proof of insurance(if required)and applicable deposit must be received at least ten
(10)business days prior to the scheduled Special Event.
B. Insurance and Other Requirements.
1. The District reserves the right, to be exercised by the District Manager, to require
the Special Event applicant to supply insurance, security, portable bathroom facilities, trash
3
receptacles, garbage disposal and such other requirements as may necessary for the protection of
the public health, safety and welfare and District property on an event-by-event basis.
2. Insurance for Special Events shall be provided by the applicant(at the applicant's
sole cost and expense) at the discretion of the District Manager based upon the nature and extent
of the activity to occur on the District's property. Except as otherwise designated or modified by
the District Manager, the applicant shall, at its sole expense, obtain and maintain comprehensive
bodily,personal injury, property damage and liability insurance on a per-occurrence basis with a
minimum limits for liability in an amount of One Million Dollars ($1,000,000)per Incident and
Two Million Dollars ($2,000,000) Aggregate, which shall include a loss payable clause in favor
of the District,naming the District as an Additional Insured under the policy,and shall provide the
District evidence of such insurance prior to the Special Event. Such insurance shall be cancelable
only upon forty-five(45)days prior written notice to the District.
C. Schedule of Deposits.
1. A deposit in an amount determined by the District Manager based upon the type of
event, number of participants and other such factors deemed relevant by the District Manager is
required at the time the Special Event application is approved. To receive a full refund of the
deposit the following must be completed:
• Ensure that all garbage and litter is collected and disposed of in approved
receptacles or otherwise removed.
• Remove all displays,tables, chairs or other assembly or event items or remnants.
• Ensure that no damage has occurred to the District's facilities or other District
property.
• All attendees at the assembly or event are required to adhere to all District policies,
rules and/or regulations.
• All applicable City of Marco Island and/or Collier County ordinances, rules or
regulations must be complied with by the applicant and its attendees.
Failure to comply with the policies and procedures of the District may result in the forfeiture of all
or a portion of the deposit. The District shall have the right, in its sole discretion, to apply the
deposit to pay for the cost of cleaning,repair,restoration or any other applicable corrective action.
The District Manager shall determine the amount of the deposit to return,if any. If the cost of any
cleaning,repair,restoration or other applicable corrective action exceeds the amount of the deposit,
the individual or organization that submitted the Special Event application will be liable for any
such further expenses incurred by the District and said funds shall be paid to the District upon
demand.
D. Indemnification.
Each individual, organization or group submitting a Special Event application for use of
District property agrees to indemnify and hold harmless the District and its supervisors, officers,
agents and employees from any and all liability, claims, actions, suits or demands by any person,
corporation or other entity, for injuries, death,property damage of any nature,arising out of, or in
4
connection with,the use of the District's property or facilities,including litigation or any appellate
proceedings with respect thereto. Each individual, organization or group shall be required to sign
an agreement in a form provided by the District providing for such release and indemnification of
the District. Nothing therein shall constitute or be construed as a waiver of the District's sovereign
immunity granted pursuant to Section 768.28,Florida Statutes.
5
EXHIBIT"B"
AGREEMENT REGARDING USE OF DISTRICT FACILITIES
THIS AGREEMENT REGARDING USE OF DISTRICT FACILITIES(this"Agreement")is
made and entered into on this day of , 201 , between KEY
MARCO COMMUNITY DEVELOPMENT DISTRICT,a community development district established
and existing pursuant to Chapter 190,Florida Statutes,whose address is c/o District Manager,4672 Strand
Court, Suite#1,Naples,Florida 34110("KMCDD");and
,a Florida ,whose address is
("User").
RECITALS
A. KMCDD is the owner of a roadway and other facilities within the Key Marco community in Collier
County,Florida.
B. User has requested to use the following facility(the"Facility"):
to host the following event at the Facility("Event"):
;and
C. KMCDD desires to permit User to conduct the Event under certain terms and conditions described
in this Agreement;and
D. KMCDD does not warrant that the Facility is suitable or fit for purposes requested by User but
User does believe it to be fit and suitable and User does acknowledges that KMCDD provides no
warranties whatsoever;and
E. KMCDD and User desire to contract and memorialize their understandings and covenants
regarding this matter.
AGREEMENT
NOW,THEREFORE, in consideration of the mutual covenants and agreements expressed herein the
parties agree as follows:
1. Recitals. The Recitals set forth above are true and correct and are incorporated herein as a
material part of this Agreement.
2. Use of KMCDD Facility. KMCDD agrees User may utilize the Facility listed on the
following date(s)and time(s)for the sole purpose of conducting the Event:
Facility Date Times
A. Preparation. User shall be solely responsible for making all preparations relative
to the Event to be held using the Facility. KMCDD and User agree that all food,beverages,entertainment,
security, parking, traffic control, crowd control, capacity determinations and personnel necessary for the
6
Event shall he the sole responsibility of User and shall he undertaken by User pursuant to all applicable
federal,state,and local laws,ordinances,rules and regulations and shall be subject to the prior review and
approval of their use by KMCDD.
B. No Use of Other Property. User agrees on behalf of itself and its workers,
attendees and guests at the Event that the use hereunder shall be limited to the Facility and it shall not utilize
or enter any other property of KMCDD(including,without limitation,other easement areas or stormwater
management areas)without the express written consent of KMCDD.
C. Additional Facilities. KMCDD maintains no permanent restrooms or trash
receptacles. Consequently, User shall make its own accommodations to meet the needs of the User's
attendees. If necessary, User agrees and covenants that the User will make arrangements at its sole cost
and expense for the provision of adequate portable restrooms and trash receptacles for the Event,including
provision for the delivery,operations and prompt removal.
3. Damage/Deposit Required. User agrees to make every reasonable effort to ensure the
Facility is not damaged and assumes full responsibility for the use of the Facility by its employees,agents,
representatives,invitees and attendees during the preparation for,the conducting of,and the cleaning after
the Event.
A. Repair. User agrees to maintain, restore, and repair, or cause to be maintained,
restored or repaired, the Facility or any KMCDD property which is injured, damaged, destroyed, or
otherwise impaired by User's employees,agents,representatives,invitees or attendees during,or as a result
of,the preparation for the Event,the conduct of the Event,or the post-Event cleaning.
B. Cleaning/Deposit. User agrees to clean the Facility and otherwise return or restore
the Facility to the condition the Facility was in immediately preceding the Event. Upon execution of this
Agreement,User shall post,or cause to be posted,a clean-up,damage and corrective action security deposit
in the amount of$ .00("Deposit").
C. KMCDD Evaluation. KMCDD shall evaluate the Facility after the Event and shall
notify User of any cleaning,repair,restoration or other corrective action that KMCDD deems necessary as
a result of any failure by User to comply with the provisions of this Agreement. If User fails, after the
notification,to timely perform such cleaning,repair,restoration or other corrective action to the satisfaction
of KMCDD,KMCDD may cause such cleaning, repair, restoration or other corrective action to be made
and deduct such cost from the Deposit. Any costs for cleaning,repair,restoration or other corrective action
incurred by KMCDD in excess of the Deposit shall be reimbursed by User upon demand by KMCDD. Any
remaining balance of the Deposit shall be returned to User.
4. Compliance. User agrees that use of the Facility by User shall be subject to all rules,
policies, procedures and fees of KMCDD as set forth in KMCDD's policies, rules, or resolutions, as the
same may be amended from time to time. Failure by User to abide by all rules,policies and procedures of
KMCDD may result in forfeiture of the right to utilize the Facility.
5. Insurance. User, at its sole expense, shall obtain and maintain comprehensive bodily,
personal injury,property damage and liability insurance on a per-occurrence basis with a minimum limits
for liability in an amount of One Million Dollars ($1,000,000) per Incident and Two Million Dollars
($2,000,000)Aggregate,which shall include a loss payable clause in favor of KMCDD,naming KMCDD
as Additional Insured under the policy,and shall provide KMCDD evidence of such insurance prior to the
Event. Such insurance shall be cancelable only upon forty-five(45)days prior written notice to KMCDD.
7
6, Release, Hold Harmless and Indemnification. User, shall release, indemnify and hold
harmless KMCDD, its agents,supervisors, officers, directors, employees and staff("Indemnitees")from
and against any liability or damages that Indemnitees may suffer as a result of claims, suits, demands,
damages,losses,fines,penalties,interest,expenses,costs or judgments against them arising out of to User's
Event. This indemnification includes claims, suits, demands, damages, losses, fines, penalties, interest,
expenses,costs or judgments arising out of personal injury,property damage,environmental contamination,
and any other event in any way related to User's Event,no matter how remote,and shall include damages
of any nature,whether compensatory,consequential,punitive or otherwise,all costs incurred in the defense
of every claim, demand, cost or judgment, whether attorney fees or otherwise, and all costs incurred by
Indemnitees in the enforcement of this Agreement. Nothing in this Agreement shall be deemed as a waiver
of sovereign immunity or a waiver of any limitation of liability of KMCDD beyond any statutory limited
waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section
768.28, Florida Statutes or other statute, and nothing in this Agreement shall inure to the benefit of any
third-party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of
Sovereign Immunity or by operation of law. Should it become necessary for Indemnitees or anyone else
on their behalf,to incur any costs and/or expenses,whether directly or indirectly,including,but not by way
of limitation,attorney's fees,investigator's fees,collection fees or court costs in connection with any claim
or demand for which indemnification is provided by this Agreement,or in connection with any attempt to
recover losses incurred on such claims or demands,or in connection with the enforcement of this Agreement
or any portion of it,User shall pay Indemnitees such reasonable costs and/or expenses for which expenditure
is made or liability is incurred by Indemnitees.
7. Recovery of Costs and Fees. In the event that either party to this Agreement is required to
enforce this Agreement by court proceedings or otherwise,the prevailing party shall he entitled to recover
from the other party all costs incurred, including reasonable attorneys' fees whether in litigation, at
arbitration,appeal or otherwise.
8. Assignment. User may not assign this Agreement without the prior written consent of
KMCDD,which may be withheld in its sole and exclusive discretion.
9. Integration, Amendment, Governing Law. This Agreement embodies the entire
understanding of the parties with respect to the subject matter herein,and the terms hereof control over and
supersede all prior understandings. This Agreement may not be modified or amended in any respect other
than by written instrument signed by the applicable parties hereto. This Agreement shall be construed under
the laws of the State of Florida(exclusive of choice of law rules). Venue for any action arising hereunder
shall lie exclusively in Collier County,Florida.
(Remainder of Page Intentionally Left Blank—Signatures Begin on Next Page)
8
IN WITNESS WHEREOF,each of the parties has executed this Agreement as of the dates set forth
below.
USER:
a Florida
By:
Namc:
Title:
Date:
KMCDD:
KEY MARCO COMMUNITY
DEVELOPMENT DISTRICT
By:
Name:
Title:
Date:
9