The URL can be used to link to this page

Heritage Bay Agenda 01/07/2021 Heritage Bay Community Development District Board of Supervisors Edwin Hubbard,Chairman Dennis Gagne,Vice Chairman ❑Justin Faircloth,District Manager F.Jack Arcuric,Assistant Secretary ❑Gregory Urbancic,District Counsel Donna Hunter,Assistant Secretary ❑Jeffrey Satficld,District Engineer Allen Soucic,Assistant Secretary Regular Meeting Agenda January 7, 2021 —9:00 a.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Organizational Matters A. Oath of Office—Elected Supervisors (Seat 1, E. Hubbard; Seat 2, J. Arcurie; Seat 3, D. Hunter) B. Resolution 2021-2, Designating Officers 5. Engineer's Report A. CPH Study of Control Structures, Lake Interconnects and Lake Bank Assessments and Documentation i. Actions Taken Since Issuance of Reports B. Clubhouse Dry Retention Modification Update C. Terrace VI Drain Line Repairs and CPH Oversight D. Veranda 8 Request for Gutter and Downspout Installation and Related Water Discharge Issues E. Proposal to Analyze and Document that Rip Rap on South Lake Bank of 30A Meets SFWMD Standards F. CPH October Water Quality Testing Report 6. Attorney's Report 7. Lake & Wetland Management Monthly Inspections and Service Reports A. Review of Proposals to Control the Illinois Pond Weed in Aqua Range Lake 19 B. Littoral Planting Update 8. Old Business 9. New Business A. Recommended Summer 2021 Work on Lake Banks District Office: Meeting Location: 210 N.University Drive,Suite 702 Heritage Bay Clubhouse Coral Springs,FL 33071 10154 Heritage Bay Blvd. 954-603-0033 Naples,Florida January 7,2021 Agenda Heritage Bay CDD B. Review of Proposals to Trim Cypress Trees Throughout the Community Which Border CDD Lakes C. Quarry CDD Request to Install Survey Markers 10. Manager's Report A. Approval of the Minutes of the November 5,2020 Meeting B. Acceptance of Financials C. Field Manager's Reports i. December 8, 2020 ii. December 29,2020 D. Follow Up Items i. FEMA 11. Supervisors' Reports, Requests, and Comments 12. Chairman's Comments 13. Audience Comments 14. Adjournment The next meeting is scheduled for February 11, 2021 District Office: Meeting Location: 210 N.University Drive,Suite 702 Heritage Bay Clubhouse. Coral Springs,FL 33071 10154 Heritage Bay Blvd. 954-603-0033 Naples,Florida 4 1 RIE PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 HERITAGE BAY COMMUNI TY 210 N UNIVERSITY DR#702 NOTICE OF MEETING SCHEDULE CORAL SPRINGS, FL 33071-7320 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Heritage Bay Community Devel- Affidavit of Publication opment District will hold their meetings for Fiscal Year 2020/2021 in the Heritage Bay Clubhouse, 10154 Heritage Bay STATE OF WISCONSIN Boulevard,Naples Florida,at 9:00 a.m.as follows: COUNTY OF BROWN October 1,2020 November 5,2020 Before the undersigned they serve as the authority, December 3,2020 January 7,2021 personally appeared said legal clerk who on oath says that February 11,2021 he/she serves as Legal Clerk of the Naples Daily News, a March 4,2021 April 1,202121 daily newspaper published at Naples, in Collier County, May 6,2021 Florida; distributed in Collier and Lee counties of Florida; June 3,2021 July 1,2021 that the attached copy of the advertising was published in August 5,2021 said newspaper on dates listed. Affiant further says that the September 2,2021 said Naples Daily News is a newspaper published at The meetings are open to the public and will be conducted in Naples, in said Collier County, Florida, and that the said accordance with the provision of Florida Law for Community Development Districts. newspaper has heretofore been continuously published in Said Please note that due to the ongoing nature of the COVID-19 public health emergency, it may be necessary to hold the above Collier County, Florida; distributed in Collier and Lee referenced meetings utilizing communications media technolo- counties of Florida, each day and has been entered as gy in order to protect the health and safety of the public or held at an alternative physical location other than the location second class mail matter at the post office in Naples, in indicated above. To that end, anyone wishing to participate in such meetings should contact the District Manager's Office prior Said Collier County, Florida, for a period of one year next to each meeting to confirm the applicable meeting access preceding the first publication of the attached copy of and/or location information. Additionally, interested parties advertisement; and affiant further says that he has neither may refer to the District's website for the latest information: https://www.heritagebaycdd.com. paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing There may be occasions when one or more Supervisors will par- ticipate by telephone. The meetings may be continued to a this advertisement for publication in the said newspaper. date,time, and place to be specified on the record at the meet- ing. Published:09/16/2020 Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Manager's Office at least forty-eight (48)hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955- 8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the Subscribed and sworn to before on September 16,2020: District Manager's Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the pro- ceedings and that accordingly, the person may need to ensure urn that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be Notary,State of WI,County of Brown based. Justin Faircloth TARA MONDLOCH District Manager Notary Public September 16,2020 #4368432 State of Wisconsin My commission expires August 6,2021 Publication Cost:$427.00 Ad No:0004368432 Customer No: 1305454 • PO#: #of Affidavits1 This is not an invoice RESOLUTION 2021-2 A RESOLUTION DESIGNATING OFFICERS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of Heritage Bay Community Development District at a regular business meeting held on January 7, 2021 desires to appoint the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons were appointed to the offices shown, to wit: T w•j b&. 4,1411-/' Chairman • 'Ij4. Vice Chairman Justin Faircloth Secretary Alan Baldwin Treasurer Stephen Bloom Assistant Treasurer Assistant Secretary aA//L-r.L vn- ,- _i Assistant Secretary 141„ Assistant Secretary PASSED AND ADOPTED THIS, 7th DAY OF JANUARY 2021. Chairman ecretary (1.:Y 0 hi? 2216 Altamont Avenue Fort Myers,Florida 33901 January 4, 2021 Phone:239.332.5499 Fax:239.332.2955 www.cphcorp.coin Inframark Heritage Bay Community Development District Collier County, Florida Re: Heritage Bay CDD Lake 30A Southern Bank Existing Elevations Survey Proposal Mr. Faircloth: CPH, Inc. is pleased to provide this proposal to perform Lake 30A Southern Bank Existing Elevations Survey at the Heritage Bay Community Development District. Topographic Survey: Perform a Topographic Survey of a portion of Lake 30A(2,395±feet)as per Rule Chapter 5J-17 of the Florida Administrative Code in compliance with the Standards of Practice of Surveying and Mapping of the State of Florida(see area depicted in red on the attached "Survey Site Exhibit"). • Collect topographic elevations along the southern berm of Lake 30A every 50'for 2,395± feet at the top of berm and top of water as delineated on the provided site plan. • Topographic data will be provided on coordinate correct aerial. • Signed and sealed Topographic Survey. Note: A$1,080.00 mobilization fee will be required for each additional site visit. State Plane: The project coordinate system will be based horizontally on the North American Datum 83(2011)(NAD 83(2011)). The project will be referenced to state plane coordinates by field locating published control points. The National Geodetic Survey control points will be researched and verified in the field. This base of reference will be used to establish the coordinate system for the project. Benchmarks and Control: The project will be based on the National American Vertical Datum of 1988 (NAVD 88). The project will be referenced to these published elevations by field locating published benchmarks. Topographic Survey Fee: $5,150.00 - 1 - SURVEY SITE EXHIBIT CI— Dij - " �$ - t 1. 12 r :.4 ,M, I$, g# x. n'°SIONIOr I aaesssarxRaex* .. IOW CPH shall be reimbursed directly for project specific expenditures such as, but not limited to, travel, printing and reprographics, meals, hotel stays, rental cars, postage, and telephone usage. Reimbursable expenses will be billed at their actual cost, without increase. It is understood that you may terminate this contract with written notice to CPH, Inc., and CPH will bill only for services rendered up to the date written termination of the contract, in conformance with the general agreement. Thank you again for this opportunity. Please do not hesitate to contact us if you have any questions or require additional information. The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted. CPH is authorized to do the work as specified and payment will be made as outlined above. By signing this agreement, I acknowledge that I have the legal authority to enter into this agreement and agree to be bound by the terms contained herein. If you are in agreement with the above Scope of Services and fees, please sign and return one (1) copy of this letter to our office for our records, and as our Notice to Proceed. - 2 - CPH, INC. HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT Albert Lopez Inframark Office Manager Date Date Agenda Page#9 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA OCTOBER 2020 WATER QUALITY MONITORING REPORT NOVEMBER 2020 Engineers 4rehiteetS Planners O Surveyors Landscape Architects Traffic Transportation Environmental Scientists Con.atructian Management CPH,Inc. 2216 Altamont Ave. Fort Myers,FL 33901 (239)332-5499 Agenda Page#10 INTRODUCTION The Heritage Bay Community Development District (CDD) maintains a stormwater management system which serves the community as well as the golf course. The system consists of inlet structures, conveyance pipes, control structures and 29 man-made lakes (Figures 1A & 1 B, Appendix A). DATA COLLECTION The field measurements and sample collection were conducted on October 20 & 21, 2020. All samples were collected and analyzed per Florida Department of Environmental Protection (FDEP) Standard Operating Procedures (SOP). Samples were collected as grab samples at 1-2 feet from the surface as per FDEP aqueous sampling SOP. The locations of sampling points in each lake are depicted in Figure 2, Appendix A. The sampling locations within Lakes 14 and 16 were moved for this event in an effort to determine if low dissolved oxygen (DO) levels in those lakes was related to the sampling location. Grab samples were taken from shore. Disturbing sediments in the immediate area of sample collection was avoided. Samples were collected from the photic zone, the surface layer where sunlight can influence growth of plants and algae. The water chemistry parameters sampled are intended to assist with the characterization of conditions in the lakes to evaluate the water quality and its effect on the type of plants that grow in the lakes, the rate of growth, and the suitability of the lakes for fish and other wildlife. RESULTS The October 2020 field measurements and sample collection were conducted on October 20&21, 2020. The results of the field measurements and laboratory testing are presented in Table 3-1. Photographs of the sample sites are provided in Appendix B. During the October 2020 sampling event, lake clarity was moderate. Lake levels appeared normal for the season. The results herein provide a comparison of the results from the sampling events in July 2017, October 2017, February 2018, October 2018, April 2019, October 2019, April 2020 and October 2020. The results of earlier sampling events in July 2016, January 2017 and April 2017 are available in previous reports. 1 o v N `a o a 0 cc a c 3 .o, .c_ •co o, a 3 3 °O a c c •o J n w o 'i o no a �- 2 C w w ' 0, - S Ili0 c n c 0 U• 0 a a av rn ° a °c o a ° o Ili o o IL, a a w to o uo o m it 0 `o 0 0 0 0 ti o o e ; a c .o : w E o o m m °° 0 C a :. rn o O O E tT O, m @ O U .3 C O E W p V H 2 d ° O W '°, 0 ° C E m E O G ° jar, E 1.. .c C • °., ..0 0 `• d _' o o 0 3 0 3 0 t 0 0 O 0 ' d W J 0 0 '°i % O w , 0 -to - a 0 ° o°, a m "O ep0 '� �, v°, C 0 a W O. �', R a O �°, W N ° d R ^ c C C o a o v.a - o a o a a n a o a a a a In tel LA aO > N a o 0 o NN O Ccn VdC ,N ° NCN1' 61 ° ClN ° 01O>. = ClO ° = O CO O• N • N OONOr00 rpO . OOD OOO Q C N W �, p C°i co N 0 j 0O tp a OT a `y p W O O O �' O tT ,4 N a°i O N i i t1 W 2 v, W W O = 4 v, tl y Z W a H w W W to W h C f0 000 CO 0 0 0 CO N N al N N to v1 O 0 0 ++ p 0p 01 0 0, .-1 cc c0 0, 00 0, 01 co Ol N 0 M i- = E• O .-i O .--i O O O O O O O 0 .-i cc cc Z " 7 _ • O — 0 - N Q to o O O ? o o O 7 O O C L " O 0 O 0 a z el J -< v, c M .-1 c0 .-1 00 01 0, 01 0, ci M 0\0 N N N N 0 N N 0 0 N 0 c-1 ..-1O .-1 cc O 0 .-I cc N 0 0 0 O 0 0 Z1+ Y E" o O O 0 0 0 0 0 0 0 0 0 0 0 0 0 Z 0 Z L - to 0, 00 M o cc 0 N to v, V M o 0 0 to o\o m m co m CO 00 CO CO m cc co ci N 0 M v E 0 0 0 0 0 0 0 0 0 0 0 0 cc .-i .-i Y C 0 to 0 a E o o ,n o to O o o ,,., 0, o cn 0 O cr, (0 `O m ."1 .-I v, rri N .�-I .-1 .-1 e-I �, N N LA Ql CT o E — u U m N L >_ E a 1.3 u m to M to to M - N cc CO 01 0 CO to o a) 3 \ M cc cc to c0 N N M N . to 00 CO CO N. .0 13 t/SN to to to to v to v, to v, v, v, to cc v c " '0 o C u C0 C a M M M M N N N N M M rn M N N N C N 0 O O O O O O O o 0 o O O O 0 C O U 0 a) (n cc M l0 0o M cc N c V, N M 0 o to 0 47 ' +- Q G CO LO to cc N c M 00 to to N 0, CO 0 M 0 D ......a c N .-1 to to to v, h N tD 00 N tO v1 O V V . Cl) 0 0 a) _ N W N-p a... a N M c N LA N 00 N� 01 N 0, o, N N. N 00 E d E y tD Le. 0o xi 00 n W 00 00 00 00 00 n Lei 1 a•0 F N N N N N N N N N N N N N N N 0 V O f6 = to cc vl to v, to N v, ci ci v. LA LA to cc (0 L = a tO tO tD tO tG tO tt7 tO tO cc tO tC cc tO tO — O L L + CD v (C O. 0 to O O 0 O to 0 tr. O O v1 O v, v, O 0 E O V1 N M v, 0 M 00 0 N cc V1 .i c 0•"1 N M M c V, ci N Vl to to rq COtry .4 .-1 .-I .-I e-I .i .-1 .-1 .-1 .-1 .-I cc e-I cc N N O _0 Y N O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "Cr) U) fV N N N N N N N N N N N N N N N L a N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \q 0 0 0 O O 0 0 0 0 0 0 0 0 0 cc 0 W E N N N N N N N N N N N N N N N 0 co 0 \ \ \ \ \ \ \ \ \ \ \ \ \ •\ \ CO v,, 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 > (0 O .y .-1 .i .-1 .-1 .-N .c ,i .-I .-t .-1 .-1 .-1 .-1 .-1 -6 0 a aL. 0 'C (I) 0 O 0 E 0= c-I N i. c-I .N �-1 1•i .-1 N .Ni 1-1 .-t .-1 .-1 .-1 (D la N "CI 2. • N U1 O L W M o Z F- II 0 Z II .-N N M c to tD N co O, o cc N M ut II M Y .i .-I .-I rl rN t i j (0 . vv� I- d E o0 o o a v o a `- c m a a o $ �- a sa sa ro 0. o o 0., .h G m 'Z. hd O a 0_ 2 c QI vt ` c o Io v= o o* oOt m � a . ao o o ° - a 01 o f c o oy c Q E a o E o o, o Y of Eoo ° °: o o , >, E _c o ro okco ° w o w a s ° 0- Y W Q o c o w0 aCL O D. d4 ° hO_ R .-N 0 Q vj e, C ti, Zi, c `^ C > C a n a as o U Viii a a a uuu U v v u v h i v v h a =to oE a `o ' •E a -5 -5 ' E _ E ' k c -°c to r '' sE -c ° ° c • c O ° .c o o 3 0 0 3 0 0 0 o v o ° o 'a, a 3 % a ao ao z z -, ao = a ' ao n ° z z z v z ao z ,o, _o ° a '¢ ro c _ jp by, O O O O N O O O O O N M lD 0 E " M M N N 01 M O Ni N .ti al CO N ul Fy ti E . .-i ci .--I O .- .--I .-i .--I - O O O O Z N o _ — — — c m D o > > > > o 0 0 > > o > > c E 0 0 00 0 L — a Z O1 ' J N cn N 2 W no o o O D O D D D DDD D O E o 0 0 Z — z z t \ 0 0 0 o 0 O 0, 0 O 0 N M lO o CO 00 M MN c-I CO M O N N .-I 01 CO N ul E '-I .--I .--I c-I co .-I N .--i N c O O O Ci O To — — Y C O Co @ n� C p. E 0 ul V1 0 0 0 0 CO 0 0 M 0 O o N Oy 0\0 ,__,N: ci 01 C O� c~-I 0.1 0 00 00 O1 cM-1 ON N: c-I Cr o E — -C CO V _ O M > 2 > 0. .o E co O ul N M N .--I co M co <D N 01 0 C H 01 N u1 ‘.0 lD I- M 0 N u 1 l ND In 01 01 L -a N N N N N N N M N N N a N - c 1 -o .a o — c CDu a 7 0) ', EL N N N N N N N N N N N c-I .-I C '� a o O O O O O O O O O O O O O O O in U 0 m m•a`) y N Vl N Ol I� O M V .--I u'1 .-I CO V W+ 0 O. W l0 LT- ll1 LD l0 M ci CO M LD l0 M LD - U y a 0 0 o r� 0 rri ri M ni v 0 N co r` 0 w d — L Et N N .F+ a lD 00 O lD to N N CO VD M U1 N M 'i E•UI U)) E• ° Nn In N IN N r N N oo N N N N N N N N NNNNNN O 0 > N Oa. •al I N ul In Ul In Ln ill in ul u'1 Nn N V1 (6 O 3 0a . N 0 0 kO La 0 0 N N a N L i N C > ✓ G! CO p. W o u1 In O O O O O O ul N on u1 0 0 E O .-I '� M ll1 M N N on .--I N ll1 .--I N 0 E ro it Ol O O O .--I N N N M M M C V O In _ N CIo O o 0 0 0 0 0 o O 0 0 O 0 .N 0_ (V N N N N N N N N N N N N N N N L a Lam+ .\-I ,f .\i .\-I CA .\-I .\-I .\-I CI c\i .\-I rH .\-I . 7 6) E o N N N N N N N N N N N N N N 0 \ N. \ N. N. N.. \ N. \ \ \ \ \ \ 75 .0 to > 0 •--1 .--I .-I ci .-I c-I .-I ci . ,--I ci c I .- -1 .-I .-I 0 U a) N-0 d U -C CD 0 a y m o C w .--I .--I ci .--1 N .--I N •--I N .--i N .--I N .--I N a C • U O In L M o Z W 11 11 Q) OO N 10 n CO 0 .-I N CO V. 01 CO N CO 01 (C`')Q u Y ~ .-I ~ 0 N N N N N N N N N N 0 :^..v Lco RI I— Agenda Page#13 Temperature The temperatures in October 2020 ranged from 26.2 - 28.1°C, which is normal for the time of year. Temperature is used in analysis of dissolved oxygen values. The temperature measurements in all lakes during the last eight monitoring events are shown in Figure 3, Appendix A. pH pH is an expression of the amount of hydrogen ions (H+) in the water. Distilled water has a pH of 7, which has equal amounts of hydrogen (H+) and hydroxide (OH-) ions. In southwest Florida lakes, pH can range between 4.44 and 10.04 with a median value of 7.29 (Romie, 2000). The pH found in the CDD lakes was within the normal range for Florida lakes in this region. The October 2020 pH values are similar to the values from previous monitoring events, ranging from 6.5 to 7.0. The pH of all lakes during the last eight monitoring events is shown in Figure 4, Appendix A. Dissolved Oxygen The amount of oxygen that can be dissolved in water depends on several factors, including water temperature, salinity, and atmospheric pressure. On a relative scale, the amount of oxygen dissolved in saturated water will be greater in cooler waters than in warmer ones. Oxygen enters waterbodies primarily by transfer from the atmosphere across the air- water interface and to a lesser extent by the action of photosynthetic organisms. DO levels typically follow a diurnal cycle — higher at the end of the day and lower at dawn. Fish typically require DO concentrations of approximately 5 parts per million (ppm)for optimum health. Exposure to DO levels below 2 ppm for 1 —4 days will kill many aquatic organisms (Wilson, 2014). 4 Agenda Page#14 During the monitoring event in October 2020, DO levels in the lakes ranged from 0.30 — 8.38 parts per million (ppm). The observed DO concentrations were normal and sufficient to sustain fish and other aquatic organisms in all lakes except Lakes 2, 3, 15-19 and 21- 24 which had DO levels below 4 ppm. The dissolved oxygen level in all lakes during the last eight monitoring events is shown in Figure 5, Appendix A. The DO levels in October 2020 were generally lower than levels observed in April 2020. Phosphorus Phosphorus is usually not available in the environment. Although natural phosphorus levels in surface water bodies are very low, human sources or activities such as fertilizer application, sewage spills and soil erosion can overload lakes with available phosphorus. Excess phosphorus (even in very small amounts) introduced to a lake provides food for plants and algae and can increase the vegetation growth within a lake and have a negative impact on water quality. The October 2020 sampling results show undetectable levels of phosphorus in all of the CDD lakes. The phosphorus levels in all lakes have been consistently low or undetectable during all monitoring events since January 2017. The phosphorus level in all lakes during the last eight monitoring events is shown in Figure 6, Appendix A. Nitrogen Nitrogen is necessary for many natural biological processes. Excess nitrogen in the lakes can fuel the growth of excess algae or other undesirable plants. The nitrogen levels observed in October 2020 were in the normal to moderately high range for Florida lakes. Lakes 1-3, 5-12, 14, 20 and 26-29 were in the normal range with nitrogen levels ranging from 0.50 — 1.0 mg/L. Lakes 4, 13, 15-19 and 21-25 were in the moderately high range of 1.1 — 1.3 mg/L. The total nitrogen level in all lakes during the last eight monitoring events is shown in Figure 7, Appendix A. 5 Agenda Page#15 Chlorophyll a Chlorophyll a is an indicator of the abundance of planktonic algae found in the water column. Elevated chlorophyll a levels are directly correlated with reduced water clarity, odor and the potential for algae blooms. Chlorophyll a values can be expected to rise during the warmer months. During the October 2020 sampling, the chlorophyll a values observed in all lakes were typical for Florida lakes. Chlorophyll a in Lakes 9, 10, 17 and 23 were in the low range of 1.5 — 6.9 mg/m3. Lakes 11 and 14 were in the high range of 23.1 — 55 mg/m3. The remainder of the lakes were in the moderate range of 7.1 — 23 mg/m3. The chlorophyll a measurements in all lakes during the last eight monitoring events is shown in Figure 8, Appendix A. Salinity The salt concentration is usually expressed in parts per thousand (ppt) or parts per million (ppm). Water salinity based on dissolved salts classifies a water body into three categories: • Fresh water < 0.5 ppt • Brackish water 0.5-30 ppt • Saline water 30-50 ppt The salinity found in the CDD lakes is within the normal range for man-made freshwater ponds in this region of Florida. In October 2020, salinity was low (0.1 - 0.3 ppt) as expected and similar in all 29 lakes. The salinity measurements recorded in all lakes during the last eight monitoring events is shown in Figure 9, Appendix A. Conductivity Conductivity measures the capacity of water to conduct an electric current and indirectly measures the concentration of ionized substances in water. Approximately 80% of Florida lakes have conductivity between 90 and 1000 pS/cm (Hand, 2004). 6 Agenda Page#16 Conductivity values during the October 2020 monitoring event ranged from 190 — 580 pS/cm. These values are in the normal range for man-made lakes in this region of Florida. The conductivity measurements recorded in all lakes during the last eight monitoring events are shown in Figure 10, Appendix A. Summary In summary, the October 2020 water quality monitoring event shows: • Lake temperatures were normal for the time of year. • pH values were very similar to the values from previous monitoring events, within the normal range for Florida lakes in this region. The pH range for the CDD lakes ranged from 6.5 to 7.0. • The observed DO concentrations were normal and sufficient to sustain fish and other aquatic organisms in all lakes except Lakes 2, 3, 15-19 and 21-24 which had DO levels below 4 ppm. These lakes have had low measured DO levels on several occasions since monitoring began in July 2016. At the request of the CDD, the sampling locations for Lakes 14 and 16 were moved for this monitoring event to see if the sampling location may contribute to the low DO measurements. For this monitoring event, the DO in Lake 14 was normal while Lake 16 had a very low level of 0.82 ppm. Due to natural cycles of plant respiration and photosynthesis, DO levels typically follow a diurnal pattern, with higher levels at the end of the day and lower levels in the morning. For most sampling events, DO has been measured in Lakes 15 — 18 in the first few hours of the morning. Lakes 2, 3 are usually measured in late morning. In order to gather more information regarding DO fluctuations, the DO in Lake 15 was measured a second time on October 16. The measurements were taken in the same location using the same instrument. The first measurement was 7 Agenda Page#17 at 8:20 am when the water temperature was 25.8° C and the DO was 0.82 ppm. The second measurement was at 2:05 pm at which time the water temperature was 27.1° C and the DO was 2.47 ppm. This suggests that there may routinely be a significant change in the DO level through the day. During both days of the October 2020 monitoring event, overcast conditions could have contributed to lower than normal DO levels. In addition, there was no visible evidence that low oxygen was affecting aquatic life. • Phosphorus was not detected in any of the CDD lakes. • Nitrogen levels were similar to the previous monitoring events with normal to moderately high levels detected in all lakes. Nitrogen levels continue to appear stable in the CDD lakes. • Chlorophyll a concentrations in most lakes was low to moderate. Low chlorophyll a indicates a low level of algae growth. Lakes 11 and 14 had relatively high levels of Chlorophyll a, measuring 23.1 and 55 mg/m3, respectively. • Salinity and conductivity in all lakes were normal for freshwater lakes in Florida and similar to the previous monitoring events. Salinity values were similar in all lakes with a value of 0.1 - 0.3 ppt. • Based on visual observation, the lakes appear healthy with normal water levels and clarity. Nuisance vegetation management appears effective in the 29 CDD lakes monitored. 8 Agenda Page#18 CITATIONS Romie, Kenneth, Water Chemistry of Lakes in the Southwest Florida Water Management District, Resource Management Department, Southwest Florida Water Management District, February 2000. Wilson, P. Chris, Water Quality Notes: Dissolved Oxygen, document SL313, Soil and Water Science Department, UF/IFAS Extension. Original publication date December 2009. Revised August 2014. Hand, Joe, Typical Values for Water Quality Parameters for Florida's Lakes, Streams and Estuaries, Watershed Assessment Section, Bureau of Watershed Management Florida Department of Environmental Protection. October 2004. 9 Agenda Page#19 © APPENDIX Figures Heritage Bay CDD October 2020 Water Quality Monitoring Report Collier County, Florida Agenda#gaga.#20 Mill 4CRITAGE OAT i/ CDD B©U*'DAFY nal . ct I CONTROL STRUCTURE , W '#021.36 W .• ,ems ' I 1 DOUBLE 48" RCP � �f, —LA KE #22 WETLAND I— It II J W2 v_-1 c Li 6'Icr BOif I\ a 4Z' RCP CULVERT - - 101 I , Al LAKE 23 OrI 38" RCP .,4 , P 0 i RCP 36'1 RCP \• <</ �'"` "` 38" RCP— — RCP #_ as Mr RCP I ! II _ j. . 4 T — Iin.. _ t _ j `.- / 39. RCP R,UBHrJU"E r , 4 f: -; ,► ;-- RA ifi:: '\ ..illfrAl ... 4t RC A E 24' RCP Q t' or RCP E h Scale NA CDD STORM WATER LAKE SYSTEM MAP Date.5/25/2017 HERITAGE BAY CDD FIGURE @p Photo Date:NA Z SECTIONS 13&24,TOWNSHIP 48 SOUTH, RANGE 26 EAST Project No.H13603 SECTIONS 18&19,TOWNSHIP 48 SOUTH, RANGE 27 EAST 1A Biologist.AED GIS:RCO COLLIER COUNTY,FLORIDA Agenda Page#21 IIIII jj I 7 E BAY Xr RCP CONTROL STRUCTURE �rBOUNDDARY LA .1' RCP il* uNE 0t41ect r? _ fy 1- aa' '' *'O. 1 f♦ �.. t yr' '2 a. {I+ '-n'`�14 1 1 S �` 70'RCP Ze RCP Jar RCPt' C �. ' 35- RCP , ,, , . ,..., I ; _ n..- � or Imp p___,...____\,,etee ' -,k,2„) ,,4. —CONTROL :v:• , _...t 24" Rep 36. RCP it_31.1C Z#' RCP E E N Scale:NA CDD STORM WATER LAKE SYSTEM MAP Date 5/25/2017 HERITAGE BAY CDD FIGURE i gipTh Photo Date:NA Z� SECTIONS 13&24,TOWNSHIP 48 SOUTH. RANGE 26 EAST 1B Project No.H13603 SECTIONS 18&19,TOWNSHIP 48 SOUTH. RANGE 27 EAST a - Biologist'AED GIS RCO COLLIER COUNTY,FLORIDA A.enda page#22 :' • SAMPLING LOCATION 0 LAKE ID J t, 4 .1 x.s \ p 9 10 5 rf 12 6 , c 14 : , 13 - e. APPROXIMATE ' ,, t. PROPERTY BOUNDARY It 5 Q i 20 217 18 m o64 ( t 21 m 0 6 CZ, Ievil Bay Dr 24 M 22 23' 2526' ,. ` 27 ----- i 41/ % ; 30 (�il�'rZD�I G7 '" -' „ ._ 28 29 I 8zi o I ..... .___ N . ,..,. .,. ..-. . ,i Scale:1"=1,500' A LAKE SAMPLING LOCATIONS MAP gp f �'_'� Date.10/13/2020( j) J Photo Date:2018 HERITAGE BAY CDD FIGURE = ijJJ 1(Ji SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST Project No.13610.2 N SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST 2 Biologist:AED GIS:MGO COLLIER COUNTY, FLORIDA w N CO CO Cl C1 O 0 = N. .-. .-4 .. r. .-r ry ry M O UT O ¢ O 1 0 — a) our ■ • s r elco co N 0 er o, rst cn asCd I. to -0 a N C LLB U tof o C] I 'iliiiimoH K a. o I ytoO co < 06 St W .-CIN 'MEM= O Z co O O W cr.) OO mIL or- 2 CC 4 o co lam- °J ch z - co 0 E i ina Iti a O 1 0_ Nw * � O ammume W cc CO ri Q a r 06 ,-.$-.$ N 06 CO U al rn n L. t At- (I) Cii s�mr " " ¢ - N M� O Z U3 J N in p z -6' n -6 -'-rt�-A•+en+.am+M+ra+e'NLn ',uA�^Qtnd2.r..,. d 0 Q, N U RI O. O p a O. CO V • 9 I:2u M o 0 0 0 vl p d N ., ) S N 0 S 4 R ff LW r. CO 0o 01 rn CD0 v Lt. u ¢ O < O J b . O ■ ■ ■ ■ ■ P u_ v N 0_ as co r .. N a)Q 011111111.11111111111111111 (/)—� IH !— N Z oloommosome W ry w N II a, N Ili) U D to 0,.............. Q >. L Y oN 111 m t0 Z l0 3 , LJ E2 w t m 2 E. Q O as r. J C ~ D O c C..0 11 AI A • ® A . a, 2 tea. d NO 4, 1.3 N , ci 0 n O Z J N e[ JI a 2 # N n ,., O 0 o p a Q. CO w m N ,./ ...... ...I 12 nk .v o Cl ‘D a N 0 V. T. _ X a z `a n co co rn a+ o a UJ „- e-1 —. .-, N N N D to O __ O < O ¢ O la ■ 0 ram. N AEI O N co m N N C U./ N m 0 Q N z AIM ,c, i N O Zco ca a i UJ a. ct — y N L = II W co fr j AIM N 0 m cn ,e laai i G AEI CO Q 'y j _ tij 0 0 2 a) U p5 F 0 n r Q ULL X m D `. O w to W ca '' w � a I 1cn U O a3 el L C'1 All 0o 0 i I i No a i1=AZ ' Ln "IIMMIMINIMPIMI* C., a z , N S • y S 0 2 -0 ti • u O 9 N O.4 N © CL Q In K go E2 V O O O p oC a e h G taJ n 00 00 CO ON O 0 r-/ IN N u a u a u `o u O ua. O nary LL c (V Yk m N m CO a_ CO C N m In C Z CQ W ca) 2 LIJ I a) E W a O O U) U J } L Q (� LU CO 2 p w w co 2 x O IZ O 11 W N J L � r O > ) L a) s. 12. .a S a) C.) a ca O Q.) O d O Z n u N al O O O w ;.7 0 a a m O J r�r c til N 03 oo Cr, o+ 0 o uJ , ti e-4 N N D O u. O 4 0 0 0 0 us at n 1 N N a) N m 6 Q 0_ ;, IA "O _Iwwa. H N c CoW d m E N N c cV cr = .� 'Cr. w U) n 4 �+ z co ,T IU E v w a. cD LL1 z in >, ry N D 0 c U) m Q ry LUill et} x 'aiiiiiiimiliiiiiiiii N z a za cor, p W a 0.J o O r Jw m "'w O II w n z Qwo 1 op J m W _... .. (5 a 0 za C r Y W r ap _.,.. D c Q a co n U Z a D v a no r' rnn o C.) 0 M co z a (J W cry a U C) 0 O z � J N I 0 Z y 2 ; - ! ippn� f5 R O p" iU C O 01 p 0, a. in tel z W N 00 CO 00 (71 C) 0 0 U. 0 4 0 < 0 0 • • • • • • ill CZ oo c\i I I-- cm co IN CV CO , III -C1 C (.9 (1) I, Z CD 4,I < 1 . . ± CI . 4 E 7 Zi E u) cn 1- co! Tr 0 Z a. 01 a """""4"="miiirr- .• 74 ILI i ,., ----,--- 0.) ,..... I .,, = , I I ..,co al )-- > a) n a) 2 U) C7I ,.- I 7,5 Z 0 o I < 0 z 0 =i CD 1 _J -IL H E 0 0 • .-. _J >- o •- >- g L L i E (1 0 z ' • aa c 0 < <(-) 1 i 2 < X "LE cO 1 ----,., ,,,i"..............,........„ 0 U-1 N D. 1 ' ....j L.LI_1 (.0 0 I .... 0 ° CC ILI x.> ,..7 >••• i................ . 0 I— 0 cn CO a . - m _v. D .1- a. 2 =o , D cra 0 z— ).-- (V ! fl 4 .-4 r) ‘-- co-. z 0 T-:- 454 2 C.) a) co .....areQ --"•• illli''' cc ci (I) „," o '-- .,_ 0, • ,M.4 i , Z -;-.- •g. * ttj 8 ..-4,-.......10 1 o ED a. a. co -.1 IL! I a-. 14111‘6' . 2 2 ,.... 0 L- E o ----.. -c P ; ,.., ... , ,. I-. 00 00 O) Q> O 0 N a 8 LL O i O 4 OCn ■ ■ • r • w .. 0 t rn u I 0+ 0) N ,_ 0 l 00 CO (Ncv ry a iiMiiiiiiimiimilians- W O) h 0 Q INZ Y a N In I o IN ° I co II 1 I N . 'n d �� - I--- 7 Z rzo N 1 N W 0 z m 1 INW o N Vnl 0 Z 1 -- N W p O o o 0- N y �" y- w F-- cn Z i Z O o,00 I --J a w_ , W I I �•�•w��• - V) S w J h W Ch O I ■ c 4-1 C I Y D co r 3 U a 'swam= • 0 en . I .Ni 00 F> to O La i r- v I 1 �n I 1 co 1 Ih I Sr 0 ) N '0) J Q Z r OM' t0 - U oo mo .c o 0 w -�>��. n © a a co 3. 0t2 v ui of _ i a _ d d > 0 C a 'r13 Cl N , W N. 00 o- t0,1- N0 N0 CC z. 0 “ O 4 O ¢ O (' .„ ■ ■ ® • • r lL 0 M � N F- oas a @ N O) 4 N Q ...�., t to N 1111111M•1111•111111111111111 r N D L in 0 INF N ++nn 00 VJ CO t ry Z d • 0 I , N co 1 LLI .. Et o .e y W m 4 ry p 11 I �.�� G ❑ 2 K a) r ❑ O O F— >. r- LL OS ampossommaromew > c. > m . I . fI__ wCD Z 00 U a� �- wN I ��MI�� W N Sc, O O = �o E * i �.�r.r�. (.) z O E 7- I �- Ua 4 x 4.+ o I j Z F— a v D ,a J a. O GI M 1 I I U O I ., V am. n 0 7 :. rr .K,.p.. m H v j - N - 06 ..a N' - 0 Z 0 • as w V) 1 N W , I a 6 I -- a U I • ry M C.,O1 I I O Z P• IJ G. MOM. N m x ' ,. ... N Q 1 Q4 Z ,- •C U A Q z '. to O a. a.ina , ? O O O O O O O O 0 O O [J1::::2 y ean u7 vs 4 N C 8 z. yr c x p a U F- 4 O Agenda Page#31 @oTh OD APPENDIX B Photographs of Sampling Locations Heritage Bay CDD October 2020 Water Quality Monitoring Report Collier County, Florida Agenda Page#32 • 7 +i :' ' Lake 1 :h.. >4 -.r r' '"" . • Q' *4' , .:ac y'tiaw 'yt 11` Lake 2apt„ 41 • • • • Lake 3 • Lake 4 1. Scare NA PHOTOGRAPHS Date 11/11/2020 Photo Date:4/2020 HERITAGE BAY CDD EXHIBIT gpThSECTIONS 13 8 24,TOWNSHIP 48 SOUTH,RANGE 26 EAST& Project No.H13610.2 N SECTIONS 18 8 19.TOWNSHIP 48 SOUTH,RANGE 27 EAST B 1 Biologist:DAL GIS:DM COUNTY FLORIDA Agenda Page#33 r k y - . ^, 4# { = --:.� • Lake 5 i �¢ � •h.r �-' .. ■ ti� ',as II L.. f °_.s ....r. AN,. a-- ..E• 1 Lake 6 I -> _ Lake 7 •r •.. f'... '-,'-,..c2.;.;'.-!,:ii----431UFM4P -..- -1".S- ... '...:-.--r.-.L•Ar-r -... •4.14114H‘ Lake 8 Scate.NA PHOTOGRAPHS @p Date-11/11n020 EXHIBIT Photo Date.412020 SECTIONS 13&24,TOWNSHIP 48 SOUTH, RANGE 26 EAST& Protect No Ht 3610 2 N SECTIONS 18&19.TOVNSHIP 48 SOUTH.RANGE 27 EAST B-2 Biologist:DAL GIS.DM COLLIER COUNTY FLORIDA Agenda Page#34 Lake 9 • "." +1rNl1w+li +• . Lake 10 ,q ,« Y 4. `' Lake 11 i t `1„ - s 1 a• ; Lake 12 • ror scaleN,A PHOTOGRAPHS f�� Dale•itri12020 ( (,�, Photo Date.4I2020 p Project No H13610 2HERITAGE BAY CDD EXHIBIT t.;,lN SECTIONS 13&24,TOWNSHIP 48 SOUTH, RANGE 26 EAST& SECTIONS 18&19. B-3 TOWNSHIP 48 SOUTH.RANGE 27 EAST Biologist:DAL GIS DM COUNTY,FLORIDA Agenda Page#35 immilimmisoom Lake 13 Lake 14 m 1 , +Y, Lake 15 Lake 16 NA PHOTOGRAPHS @pilD Date:1 Vt 20 Photo Date:e:4/412020 HERITAGE BAY CDD EXHIBIT SECTIONS 13&24,TOWNSHIP 48 SOUTH, RANGE 26 EAST& Protect No H13610.2 N SECTIONS 18&19.TOWNSHIP 48 SOUTH.RANGE 27 EAST B 4 Bio'ag,sf:DAL G1S:DM COUNTY FLORIDA Agenda Page#36 " 2,''''.• . ilikit,ilitope..r.2." ,i:- • ,..• ,. .• :1, : r r.. '' ' '',. ',' '.'''' '.''•'" '*"'" Lake 17 . 4..':: ' ' :•• . ........_ ... ..- . .... , .... .... .- . f•...774.44. .• -v .; P .-'' - _ .. •St f ' . * , \' .4V( - - iir , • . '- - , ----',,•-• , . ' ;'.'t'' .-' . ,.. .. . .. Lake 18 •l . , . ., .t ; \‘ ., .., .........., ... .. . , . . ...„ Lake 19 - ... , Lake 20 . , , . •• .: . , . :... Scale.NA PHOTOGRAPHS . , gp Date'11111/2020 / HERITAGE BAY COD Photo Date.4/2020 . \ SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST& EXHIBIT B-5 Project No H13610_2 N SECTIONS 18&19.TOWNSHIP 48 SOUTH.RANGE 27 EAST Sfolog;st:DAL GIS:DM COUNTY FLORIDA Agenda Page#37 — . , 6 Lake 21 • • ---..---- ' jot it, Lake 22 -• /• - •• • Pik * 444. '7— • * *t^i"—* ' 18: - Nzt •-1 . . .8 1*1. — '77 Lake 23 r • -7'7 - - Lake 24 • #7, 1,* ...et, • • Scale:NA PHOTOGRAPHS pTh Date 11/11/2020 Photo Date.4/2020 Project No H13610.2 HERITAGE BAY CDD EXHIBIT N SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST& SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST B-6 Bletogist.DAL GS.DM COUNTY FLORIDA Agenda Page#38 ; Lake 25 ,1,11 ; it- • e f • ' L. , , . • , Lake 26 Vrt- ... Ire Lake 27 Lake 28 t7,•• • Lake 29 Scale:NA PHOTOGRAPHS @pa) Date-11/11/2020 Photo Date:4/2020 Pretect No H13610 2 / HERITAGE BAY CDD SECTIONS 13&24.TOVVNSHIP 48 SOUTH,RANGE 26 EAST& SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST EXHIBIT B-7 Biologist:DAL GIS:DM COUNTY FLORIDA Agenda Page#40 V/ Lake &Wetland MANAGEMENT HERITAGE BAY CDD LAKES INSPECTION REPORT November 25, 2020 Mr. Justin Faircioth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircioth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Below are my observations noted on Friday, November 25th: Lake 1 - Algae at shelf, this lake had grass clippings on it last inspection. '$ •" ,♦ dam"' -• ;hYN ,x f !r. 4 R'% SIN"' !'.. Lake 2 - No issues Lake 3 - Spatterdock was treated 3 times this month, tech just used something new to try to nuke it, 30 days for optimal results .4a A. ' r y Agenda Page#41 Lake 4 - Various submerged observed, will advise tech Lake 5 - Grass clippings observed, great condition overall Lake 6 - No issues Lake 7 - Chara observed, will advise tech Lake 8 - Minimal algae at littorals Lake 9 - Pondweed observed and treated Lake 10 - Pondweed observed and treated Lake 11 - No issues. Lake 12 - No issues. Lake 13 - No issues. Some of the plantings did make it, pickerelweed mainly. 144 ' 0 Agenda Page#42 Lake 14 - Less algae than summer months, minimal at shelf. Lake 15 - No issues. Lake 16 - No issues. Lake 17 - No issues. Lake 18 - Minima algae at littoral. Lake 19 - Pondweed effectively treated, dying now. Lake 20 - South side: dead pondweed, less than last month, chara observed, will advise tech. North side: dead pondweed. iesid Lake 21 - No issues. Lake 22 - No issues. Lake 23 - Clean, no issues. Lake 24 - No issues, very healthy littorals. Lake 25 - No issues, healthy spike rush buffer. Lake 26 - No issues. Lake 27 - Spatterdock observed, will advise tech. Agenda Page#43 p/ • r ma's tt r, Lake 28 - No issues. Lake 29 - Minimal algae at shelf. Lake 30A / 30B - Some pondweed observed on 30B side and boat launch, will treat next boat visit. �R til fix, w l� T kx Conclusions: The weather is changing, spike rush is turning yellow, algae will be less present. The canal behind 30A is almost back to normal, most invasives have been completely cleared. Agenda Page#44 Lake Management-Wetland&Preserve Maintenance Lake &Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting c..... 410 MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE& INSPECTION REPORT Customer: / 37-00194o►— Account#:_ f 4 LJ _ Date: / 20 Technician: " 41 Lt: /r�j Territory: /(,/ e Weather Conditions: S 7 0 LAKE MANAGEMENT picLGAE CONTROL Lake(s)#: ASSES&EMERGENTS Lake(s)#: 24; 104 $08, SUBMERSED AQUATICS Lake(s)#: 9,, _ ❑fMNATING PLANTS Lake(s)#: INSPECTION Lake(s)#: 44-4.-- t4isf • DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen _______ _ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE Water Clarity _ 0 GOOD 0 FAIR 0 POOR Water Level ,_ 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES ❑INSPECTION O UPLAND/WETLAND PRESERVE PRESERVE(S)#:� 0 INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES ❑MANUAL REMOVAL ❑VINES ❑INSPECTION O MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:__ ❑INSECTICIDE TREATMENT —�_ 0 INSPECTION Comments: �'� _ � � ou >7{ � z$T C9-��99 /*,sang C�SrL�� Gr � /fGoowo - — /r /J /F.02 oar /ergae,"; FISH&WILDLIFE O ERVATIONS FISH: O s ° ream °Catfish 0 Vass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: F,, ptor Duck O ood Stork ( Shorebird Odding bird 0 S ngbird 0 Vulture REPTILES: ('Alligator °Snake CdTurtle 0 Tortoise (!+'Lizard WAMPHIBIANS 0 INSECTS INVASIVE!EXOTIC PLANTS NOTED ©Brazilian pepper OMelaleuca O ennywort OBischofia 0Earleaf Acacia °Australian pine OShoebutton °Sedge °Climbing Fern Sr/potato Torpedograss OAzolla OSalvinia °Downy rose myrtle QJavaplum °Floating Hearts °Lantana drilla OHygrophilia OWater Lettuce OWater hyacinth°Cattail ()Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O}N x Myrtle OFL Pine °Red Maple Vateriily °Mangrove °Pond Apple 0Oak OCocoplum I , ulrush ()Blue flag iris °Strangler fig .whead OPickerelweed 0�,p�'c�alia 0 Palms °Golden Canna Spikerush OButtonbush 0Eelgrass C .rdgrass OF kahatcheegrass SpSpatterdock 0 Ferns °Baby tears 0 Naiad OChara °Duckweed C :ladderwort C1Pondweed °SlenderspikerushOBacopa Other species noted/comments: www.lakeandwetland.com Rev 07/23/14 form#3980 Agenda Page#45 Lake Management-Wetland&Preserve Maintenance *Lake & W e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting is MANAGEMENT Water Testing&Analysis-Fountains&Aerators 4.......;,w SERVICE &INSPECTION REPORT Customer: II - 4 ' 177 Account#: Date: f as[ --Z Technician: .__ ,- Territory: .4,,c ,.( Weather Conditions: _ S., LAKE MANAGEMENT ❑ A AE CONTROL Lake(s)#: — GRASSES&EMERGENTS Lake(s)#: A-(C /ri j _. ❑ SUBMERSED AQUATICS Lake(s)#: ❑ F OATING PLANTS Lake(s)#: INSPECTION Lake(s) #: , DEBRIS Lake(s)#: Water Test Results (Combined Average) - Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD 0 FAIR 0 POOR Water Level _ 0 HIGH ElAVERAGE 0 LOW . LITTORAL SHELF S• L ES#: *RELINE GRASSES&EMERGENTS • •:ICIDE TREATMENT ❑ DEBRIS REMOVAL r . OATING PLANTS �40) ANUAL REMOVAL rg INVASIVE/EXOTIC SPECIES �i INSPECTION Q UPLAND/WETLAND PRESERVE PRESERVE(S)#: ___ ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES ❑MANUAL REMOVAL :WINES ❑INSPECTION O MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT 0 INSPECTION Comments:___ f—etc.F IC"- 5 Co 0.-- ,y-c rr ___ C. r i. c-tuA-4 P...-- p,yrI___€.___ __4_s_.t. _ _ _ FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBrea 0 Cat 0 Grass carp O Tila i 0 Mosquitofish 0 Shad BIRDS: 0 Raptor ODu O od Stork 0 Shorebird O ding bird 0 Songbird O V re REPTILES: °Alligator OS ke Turtle °Tortoise Lizard °AMPHIBIANS SECTS INVASIVE/EXOTIC PLANTS NO °Brazilian pepper OMelaleuca P nywort OBischofia OEarleaf Acacia ()Australian pine OShoebutton °Sedge °Climbing Fern QAir potato orpe•.grass OAzolIa OSalvinia °Downy rose myrtle°lava plum °Floating He its °Lantana 0Hydrilla °Hy. ophilia OWater Lettuce OWaterhy inth OCatt ' ()Primrose OAlligat eed NATIVE PLANTS NOTED °Cypress O Wax Myrtle 0 L Pine O Red Maple O W rlily O angrove OPo Apple ak OCocoplum 0 Bulrush 0 Blue flag iris °Strangler fig 0 rowhead Pickerelweed ° alia Palms °GoldenCannaOSpikerush OButtonbush 0 Eelgrass ordgrass OFakahatcheegrass Spatterdock 0 Ferns o Baby tears 0 Naiad OChara 0 Duckweed Bladderwort 0 Pondweed 0 Slender spikerush 0 Bacopa Other species noted/comments: www.lakeandwetland.com Rev07123/14 Form8348D Agenda Page#46 Lake Management-Wetland&Preserve Maintenance Lake & Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control *1/4,.....4calria)) Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE & INSPECTION REPORT Customer: .44 -7)no* e9y Account#: / ' ' m Zo ___.. ------ ----- Date: f Technician. ' 1-6c4 - 41 Territory: Nyp.-cj Weather Coc Milli StoAey QLAKE MANAGEMENT D LGAE CONTROL Lake(s)#: BASSES&EMERGENTS Lake(s)#: 3,0-4 rig SUBMERSED AQUATICS Lake(s)#:__ 2zx ❑ FLOATING PLANTS Lake(s)#:.� ❑ INSPECTION Lake(s)#:. ❑ DEBRIS Lake(s)#:Water Test Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen _-_ ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD 0 FAIR 0 POOR Water Level ❑HIGH 0 AVERAGE 0 LOW Q LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS ❑MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION Q UPLAND/WETLAND PRESERVE PRESERVE(S)#: 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT D DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL ❑VINES ❑INSPECTION Q MOSQUITO 1 MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT 0 INSPECTION Comments:__ .' _.__ lrQ_ Q/L4f�.YJ a' �Mc�t°6c % LID — W`'71- ,, tas._.-- 7 - /_S 4 9yJ / 2 e PT , (FlLiLT5 GO/49u/ COA 1t4,/T- r2 ,'-tics' .in.77D If/6 5' 1vrtJ45 Dr/F4 2 r'h! FISH&WILDLIFE OBSERVATIONS FISH: O ss O_�7r am 0 Catfish 0 crass carp O Tiia is O M quitofish 0 Shad BIRDS: �ptor C+7Duck g ood Stork orebird O ding bird Q ngbird 0 Vulture REPTILES: Alligator ()Snake Turtle 0 Tortoise Lizard AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED ()Brazilian pepper OMelaleuca Onnywort OBischofia ()Earleaf Acacia ()Australian pine OShoebutton ()Sedge ��jj-- ()Climbing Fern ()Air potato orpedograss OAzolla OSalvinia ()Downy rose myrtle()lava plum ()Floating Hearts OLantana OHydrilla OHygrophilia OWater Lettuce ()Water hyacinth()Cattail ()Primrose OAlligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine O Red Maple O/7aterlily ()Mangrove OPo d Apple ()Oak OCocoplum 0X(rush ()Blue flag iris ()Strangler fig aff rrowhead OPickerelweed O alia ()Palms O Golden Canna 40Spikerush OButtonbush 0 Eelgrass Cordgrass OFakahatcheegrass Spatterdock ()Ferns °Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed 0 Slender spikerush 0 Bacopa Other species noted/comments: www.lakeandwetland.com Rev 07/23'14 rare#398D Agenda Page#47 Lake Management-Wetland&Preserve Maintenance *44/L a k e & Wet l a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting �� MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE&INSPECTION REPORT Customer: #rreirirgE ,9 /l p �p Account#: Date: Technician:,_! p _ Territory: A/ tf Weather Conditions: Ce-D 0 LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s) #: ____ ❑ GRASSES&EMERGENTS Lake(s)#:_ _ ❑ SUBMERSED AQUATICS Lake(s)#:_ —` __ ❑ FLOATING PLANTS Lake(s)#: ____ __ __ ❑ INSPECTION Lake(s) #: DEBRIS Lake(s)#: _ _ ._____ Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen _ _ _ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE Water Clarity - ❑GOOD ❑ FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW i 0 LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES ❑ INSPECTION O UPLAND/WETLAND PRESERVE PRESERVE(S)#: ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: INSECTICIDE TREATMENT 0 INSPECTION — ❑Comments: R6-M1,`b- 6a c- d S - 3i 9 f OyAv4 9pr,• 44 __. > /9 . FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor ODuck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle 0 Tortoise 0 Lizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper 0 Melaleuca OPennywort OBischofia 0EarleatAcacia °Australian pine OShoebutton °Sedge °Climbing Fern °Air potato OTorpedograss OAzolla OSalvinia °Down rosem rtle Java lum Y Y ° p OFtoating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce °Water hyacinth°Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine O Red Maple 0 Waterlily °Mangrove °Pond Apple °Oak OCocopium 0 Bulrush °Blue flag iris °Strangler fig °Arrowhead OPickerelweed °Thalia 0 Palms °Golden Canna°Spikerush OButtonbush OEelgrass 0 Cordgrass OFakahatcheegrass0Spatterdock 0 Ferns O Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0Pondweed 0 Slender spikerushO Bacopa Other species noted!comments: www.lakeandwetland.com Rev07/23114 Form#3980 Agenda Page#48 Lake Management-Wetland&Preserve Maintenance *Lake & VV e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting 0 � MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE& INSPECTION REPORT Customer: 0 02.}V(1 , -- — — Account#: 15 25 Date:_II /1 / 2 D Technician:3 fQ,t � Y Territor : V J tSt (Dust Weather Conditions: C,�QI,�(i(,ti /w 1 nc�J MAKE MANAGEMENT ,J 7 ❑ ALGAE CONTROL Lake(s)#:_. ____ ❑ GRASSES&EMERGENTS Lake(s)#: ❑ SUBMERSED AQUATICS Lake(s) #: ❑ FLOATING PLANTS Lake(s)#: -_ _ ❑ II�ISPECTION Lake(s)#: .__-_ ___ iNVDEBRIS Lake(s)#: 50 Pi r QondiQeed Pi coup -_-- Water Test Results(Combined Average) Temperature °F 0 HIGH ❑AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL ❑ BASE Water Clarity ❑GOOD 0 FAIR 0 POOR Water Level ❑HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES& EMERGENTS 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: __ ❑INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT 0 DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL [PINES 0 INSPECTION O MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: 0 INSECTICIDE TREATMENT 0 INSPECTION Comments:_ t' t01.I CO_(12tVA, I 5itt 'Q2YlaIGLdQI.I_l _ colt tot.__aft ei it m ((�1.CC.0_ _ _.C.t- p ___of. 1 FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass ()Bream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor ODuck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle 0 Tortoise 0 Lizard 0 AMPHIBIANS 0 INSECTS INVASIVE I EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia °Earleaf Acacia °Australian pine OShoebutton °Sedge °Climbing Fern °Air potato OTorpedograss OAzolla OSalvinia °Downy rose myrtleOJava plum °Floating Hearts °Lantana OHydrilla OHygrophilia °Water Lettuce °Water hyacinth°Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine °Red Maple O Waterlily °Mangrove °Pond Apple °Oak OCocoplum O Bulrush OBIue flag iris °Strangler fig O Arrowhead OPickerelweed OThalia O Paims °Golden Canna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrass OSpatterdock 0 Ferns °Baby tears °Naiad OChara ODuckweed 0 Bladderwort 0 Pondweed 0 Slender spikerush°Bacopa Other species noted/comments: www.lakeandwetland.com Rev01?23J74 form B 3980 Agenda Page#49 Lake Management-Wetland&Preserve Maintenance Lake & Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting *1/4„.„...... .....) MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE& INSPECTION REPORT Customer: t '�i , Account#: Date: /r-1/-2 Technician: On -ilel+:" 1\,1 cc)c-, Territory: NI IE 5 Weather Conditions: 5L;n ti y / .,-,dy (LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: • GRASSES&EMERGENTS Lake(s)#:___ _ ❑ SUBMERSED AQUATICS Lake(s) #: __ En/FLOATING PLANTS Lake(s)#: 3 ' ❑ INSPECTION Lake(s)#:^ -- 0 Lake(s)#: Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading _ 0 ACID 0 NEUTRAL 0 BASE Water Clarity __ 0 GOOD 0 FAIR ❑ POOR Water Level _ 0 HIGH 0 AVERAGE 0 LOW Q LITTORAL SHELF SHELVES#: __ _ ❑ SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES ❑INSPECTION O MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT ❑INSPECTION Comments: FC\I(e 3 4(Zcoked -for i),,.Nkc'_(;lot IA ?16.k. 4 RI,-,-/ FISH&WILDLIFE OBSERVATIONS ,�� FISH: 0 Bass °Bream 0 Catfish 0 Grass carp M Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor °Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird O Vulture REPTILES: 0 Alligator °Snake 0 Turtle &Tortoise 0 Lizard ('}AMPHIBIANS ®'1I SECTS INVASIVE I EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia OEarleaf Acacia °Australian pine OShoebutton °Sedge °Climbing Fern °Air potato OTorpedograss OAzolIa OSalvinia °Lantana QH drilia ODownyrosemyrtleOJava plum ()Floating Hearts Y OHygrophilia OWater Lettuce OWater hyacinth()Cattail °Primrose 0Alligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine °Red Maple 0 Waterlily °Mangrove °Pond Apple °Oak OCocoplurn QQ��rush °Blue flag iris OStrangler fig ()Arrowhead OPickerelweed ()Thalia 0 Palms °GoldenCannac Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns °Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed °Slender spikerushO Bacopa Other species noted/comments: www.lakeandwetland.com Rev 07I)3/14 Form#3980 Agenda Page#50 Lake Management-Wetland&Preserve Maintenance Lake & Erosion Restoration-Mosquito&Midge Larvae Control frofWetland ��- Algae&Aquatic Weed Control -Native Planting t,r MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE& INSPECTION REPORT • -yam Customer: _ -Ic_i: �f-e �y Account#: 1625 Date: �r t/ ��/�`� Technician: tn ,ti 5}4 Territory:__ Weather Conditions: BAKE MANAGEMENT its� ❑ ALGAE CONTROL Lake(s)#: ..j V ❑ GRASSES& EMERGENTS Lake(s)#: __ L UBMERSED AQUATICS Lake(s)#: MtL% fl1CQ1 VAN t t - Ptva t* eia SOS ❑ FLOATING PLANTS Lake(s)#: ❑ INSPECTION Lake(s)#: ❑ DEBRIS Lake(s)#: _�_.----_---__- Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD ❑ FAIR 0 POOR Water Level 0 HIGH ❑ AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: _ _ ❑ SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION O UPLAND/WETLAND PRESERVE PRESERVE(S) #: ❑INVASIVE I EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑GRASSES ❑MANUAL REMOVAL ❑VINES 0 INSPECTION a MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: _ ___ ❑INSECTICIDE TREATMENT t INSPECTION — Comments:_ ( .t.' __- and weed w fk Frimp r FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor °Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator °Snake 0 Turtle 0 Tortoise 0 Lizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia OEarleaf Acacia °Australian pine OShoebutton °Sedge °Climbing Fern °Air potato OTorpedograss °Azolla OSalvinia y y ° plum °Floating Hearts QDown rose myrtle Java OLantana OHydrilla OHygrophilia °Water Lettuce °Water hyacinth°Cattail OPrimrose OAlligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine °Red Maple 0 Waterlily °Mangrove OPond Apple °Oak OCocoplum 0 Bulrush OBlue flag iris °Strangler fig 0 Arrowhead OPickerelweed OThalia 0 Palms OGoldenCanna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFp(ahatcheegrassOSpatterdock 0 Ferns O Baby tears 0 Naiad OChara °Duckweed OBladderwort atfondweed °SlenderspikerushOBacopa Other species noted/comments: www.lakeandwetiand.com Rev0723/14 Form 8398D Agenda Page#51 Lake Management-Wetland&Preserve Maintenance Lake & W e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators 4/:‘,.......41141/4 .000) SERVICE& INSPECTION REPORT Customer: //�� Account#: "i Date: /2// Technician:___'! -1"' Territory: tvi Weather Conditions: C'442 .S t- 0 LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)# ❑ MASSES&EMERGENTS Lake(s)#: • SUBMERSED AQUATICS Lake(s)#: ❑ FLOATING PLANTS Lake(s) #: ❑ INSPECTION Lake(s) #: ❑ DEBRIS Lake(s)#:__ ____ ___ _ Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen __-_-_ppm 0 HIGH 0 AVERAGE 0 LOW pH reading __. ❑ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD 0 FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: __._.________________._..._ ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS ❑MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES ❑INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S) #: ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES 0 INSPECTION O MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:__ 0 INSECTICIDE TREATMENT 0 INSPECTION Comments:__.. L ' 7-1?- r 2 Pa m - C4' t $ UO 2 *NM ' 22.5 gallons a Aquathol 1. used FISH&WILDLIFE OBSERVATIONS FISH: O Bass Orm O Catfish O Grass carp Tilapia O Mosquitofish O Shad BIRDS: O ptor uck O Wood Stork 0 Shorebird O Wading bird O So ird O Vulture REPTILES: Alligator °Snake Q.Thrtle 0 Tortoise c9'Lizard MPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia °Earleaf Acacia °Australian pine OShoebutton OSedge °Climbing Fern °Air potato OTorpedograss OAzolla OSalvinia °Downy rose myrtle°Java plum °Floating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce OWater hyacinth°Cattail °Primrose 0Alligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine O Red Maple 0 Waterlily °Mangrove OPond Apple °Oak OCocoplum 0 Bulrush °Blue flag iris °Strangler fig °Arrowhead °Pic relweed °Thalia °Palms OGoldenCanna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OF ahatcheegrassOSpatterdock 0 Ferns O Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort ondweed 0 Slender spikerushO Bacopa Other species noted/comments:___�_Y www.lakeandwetland.com Rev07/23/14 Formit398D Lake & Wetland MANAGEMENT SPECIAALL SERVICE AGREEMENT This Agreement is made between Lake and Wetland Management-West Coast, Inc., and: January 7, 2021 Mr. Justin Faircloth Heritage Bay Community Development District cio Inframark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Both Heritage Bay CDD (CUSTOMER) and Lake and Wetland Management (LWM) agree to these terms and conditions for Special Service Agreement: Description of Service Fish Stocking: Lake 19 Quantity Fish Spec. Unit Price Total 165 Grass Carp 8" $10.00 $1,650.00 Delivery & Installation Fee: $150.00 Fish Barrier Installation & Permit Acquirement: $700.00 Total: $2,500.00 *Fish are guaranteed to be alive and in good condition at the time of delivery. Please note that because fish are coming from hatchery certain factors affect delivery. We cannot be held responsible for this situation. Please contact our office with any questions. Conditions: 1. Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above mentioned services is allowed. In the event of dispute of ownership, CUSTOMER agrees to hold harmless LWM for the consequences of such services. Lake and Wetland Management- West Coast, Inc. (239) 313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Special Service Agreement page 2 2. LWM shall not be responsible for acts beyond its reasonable control, including adverse soil and / or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named incidences. 3. Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. This proposal shall be valid for 30 days. 6. If LWM is required to enroll in any third-party compliance programs, invoicing or payment plans that assess fees in order to perform work for CUSTOMER, those charges will be invoiced back to CUSTOMER as invoiced to LWM. 7. LWM will maintain insurance coverage, which includes but is not limited to; General Liability Property Damage, Automobile Liability, and Workman's Compensation at its own expense. 8. No alterations or modifications, oral or written, of the terms contained above shall be valid unless made in writing, and wholly accepted by authorized representatives of both LWM and the CUSTOMER. Customer acceptance - The above prices, specifications and conditions are hereby accepted. (iGAf/ (C l4 Gonzalo Ayres Authorized signature Date Lake and Wetland Management - Heritage Bay CDD West Coast, Inc. Lake and Wetland Management- West Coast, Inc. (239) 313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com • . Lake & Wetland ( `,_ _ MANAGEMENT SPECCIAALL SERVICE AGREEMENT This Agreement is made between Lake and Wetland Management-West Coast, Inc., and: January 7, 2021 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Both Heritage Bay CDD (CUSTOMER) and Lake and Wetland Management (LWM) agree to these terms and conditions for Special Service Agreement: Description of Service Floating Barrier Installation: Lake 19 LWM will purchase and install approx. 85' of floating barrier along the bridge on lake 19. This barrier will be anchored at the high-water mark on the lake banks adjacent to the bridge and will prevent floating golf balls from entering the NW cove. The barrier will be observed during normal lake maintenance visits to ensure proper positioning is maintained. Total Investment: $ 2,300.00 Conditions: 1. Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above mentioned services is allowed. In the event of dispute of ownership, CUSTOMER agrees to hold harmless LWM for the consequences of such services. 2. LWM shall not be responsible for acts beyond its reasonable control, including adverse soil and / or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named incidences. 3. Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. Lake and Wetland Management - West Coast, Inc. (239) 313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Special Service Agreement page 2 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. This proposal shall be valid for 30 days. 6. If LWM is required to enroll in any third-party compliance programs, invoicing or payment plans that assess fees in order to perform work for CUSTOMER, those charges will be invoiced back to CUSTOMER as invoiced to LWM. 7. LWM will maintain insurance coverage, which includes but is not limited to; General Liability Property Damage, Automobile Liability, and Workman's Compensation at its own expense. 8. No alterations or modifications, oral or written, of the terms contained above shall be valid unless made in writing, and wholly accepted by authorized representatives of both LWM and the CUSTOMER. Customer acceptance - The above prices, specifications and conditions are hereby accepted. Gonzalo Ayres Authorized signature Date Lake and Wetland Management - Heritage Bay CDD West Coast, Inc. Lake and Wetland Management- West Coast, Inc. (239) 313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Agenda Page#54 Lake & Wetland Y MANAGEMENT SPECIAL SERVICE AGREEMENT This Agreement is made between Lake and Wetland Management-West Coast, Inc., and: November 20, 2020 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Both Heritage Bay CDD (CUSTOMER) and Lake and Wetland Management (LWM) agree to these terms and conditions for Special Service Agreement: Description of Service One-time Tree Trimming LWM ground crew will trim all cypress trees located in the lake bank areas throughout the community. Estimate 4 days to complete. All trimmed debris will be hauled offsite for disposal. Total Investment: $6,500.00 Conditions: 1. Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above mentioned services is allowed. In the event of dispute of ownership, CUSTOMER agrees to hold harmless LWM for the consequences of such services. 2. LWM shall not be responsible for acts beyond its reasonable control, including adverse soil and / or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named incidences. 3. Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. Lake and Wetland Management - West Coast, Inc. (239) 313-6947 Office • (239) 313-6950 fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Agenda Page#55 Special Service Agreement page 2 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. This proposal shall be valid for 30 days. 6. If LWM is required to enroll in any third-party compliance programs, invoicing or payment plans that assess fees in order to perform work for CUSTOMER, those charges will be invoiced back to CUSTOMER as invoiced to LWM. 7. LWM will maintain insurance coverage, which includes but is not limited to; General Liability Property Damage, Automobile Liability, and Workman's Compensation at its own expense. 8. No alterations or modifications, oral or written, of the terms contained above shall be valid unless made in writing, and wholly accepted by authorized representatives of both LWM and the CUSTOMER. Customer acceptance - The above prices, specifications and conditions are hereby accepted. (it'll L" /`�l//"L:i Gonzalo/ Ayres Authorized signature Date Lake and Wetland Management - Heritage Bay CDD West Coast, Inc. Lake and Wetland Management- West Coast, Inc. (239) 313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Agenda Page#56 l:�y ` DOWN TO ITIEARTH LANDSLAPL E tYPIGATIDN December 28, 2020 Littoral Tree Trimming Estimate Client Ship to Inframark Heritage Bay CDD Ic/o Justin Faircloth 10154 Heritage Bay Blvd 5911 Country Lakes Drive Naples, FL 34120 Fort Myers, FL 33905 Service Estimate Date Tree trimming 12/28/2020 Item Qty Rate Amount 1. Trim trees around lakes— 223 $25.00 $5,575.00 limb up to 6' includes disposal 2. Mark each tree prior to 223 $ 3.00 $ 669.00 trimming Estimate Total $ 6,244.00 I Signature Date HQ—2701 Maitland Center Parkway,#200, Maitland, FL 32751 • 321-263-2700 Naples—1296 Keri Island Rd, Naples, FL 34120 • 239-561-9184 Fort Myers—16911 Gator Rd, Unit B, Fort Myers, FL 33913 • 239-561-9184 @ollD 2216 Altamont Avenue Fort Myers,Florida 33901 Phone:239.332.5499 November 17, 2020 Fax:239.332.2955 wow.cplicorp.corn The Quarry Community Development District CIO Inframark 5911 Country Lakes Drive, Fort Myers, Florida 33905 Re: Limited Survey Proposal Bob: CPH, Inc. is pleased to provide this proposal for survey location of three plastic pole markers and two (2) sets of coordinates for future buoy installation (by others). Quarry CDD Naples -Scope of Services Perform Surveying Services as per Rule Chapter 5J-17 of the Florida Administrative Code in compliance with the standards of practice of surveying and mapping of the State of Florida. • Establish the south and east lines of Tract V, Quarry Phase 1 as recorded in Plat Book 42, Pages 57 through 67,the west line of Tract L-31, Heritage Bay as recorded in Plat Book 43, Pages 15 through 45, also being the east line of Tract L-30, Quarry Phase 1A as recorded in Plat Book 42, Pages 31-35, all of the Public Records Collier County, Florida as depicted on the attached "Survey Site Exhibit. • Establish State Plane Coordinates on said lines. • Field set three (3) provided stakes, signs or monuments. • Exhibit will be provided with State Plane Coordinates on Markers and Tract V • A signed and sealed survey will not be provided as part of this scope. State Plane: The project coordinate system will be based horizontally on the North American Datum 83(2011)(NAD 83(2011)). The project will be referenced to state plane coordinates by field locating published control points. The National Geodetic Survey control points will be researched and verified in the field. This base of reference will be used to establish the coordinate system for the project. - I - Location of Markers to be set ;. b. 0 t t.: 1- '* �` ._ J e ii- Mr AtY }� "�"" �' reT''�'4 .,:? z'{"V'M '). _ ^N Soria 8a�6' ," ' 1010* ; ` `""Quarry Phase 1 - Quarry Phase 1 A - � 1 f ' 4 TractV - PB42-57 rA . �,:.4 ; Tract L-30 - PB r 42-31 t Atli - . -, Heritage Bay - 07 ,. } = Tract L-31 t . PB 43-15 1%, y 14. CPH agrees to perform this work on a lump sum fee of$2,200.00 including reimbursable expenses. CPH shall be reimbursed directly for project specific expenditures such as, but not limited to,travel, printing and reprographics, meals, hotel stays, rental cars, postage, and telephone usage. Reimbursable expenses will be billed at their actual cost, without increase. Payment for services rendered will be due within forty-five (45) days of invoicing. Should The Quarry CDD (CLIENT)choose to not complete the project at any phase of the project, CPH will be due any fees for services up to the time the CLIENT informs CPH in writing to stop work. Payment for services up to the time of the CLIENT'S notice will be due within thirty (30) days of the final invoice. Invoice payments must be kept current for services to continue. CPH reserves the right to terminate or suspend work when invoices become ninety(90) days past due. In the event that the work is suspended or terminated as a result of non-payment, CLIENT agrees that CPH will not be responsible for CLIENT's failure to meet project deadlines imposed by governments, lenders, or other third parties. Neither is CPH responsible for other adverse consequences as a result of termination or suspension of work for non-payment of the invoices. This proposal is void if not executed and returned to CPH within 30 days of CPH's execution of the proposal. The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted. CPH is authorized to do the work as specified and payment will be made as outlined above. By signing this agreement, I acknowledge that I have the legal authority to enter into this agreement and agree to be bound by the terms contained herein. - 2 - If you are in agreement with the above Scope of Services and fees, please sign and return one (1) copy of this letter to our office for our records, and as our Notice to Proceed. CPH, INC. By: Albert Lopez Signature Office Manager Title: November 17, 2020 Date Date -3 - If you are in agreement with the above Scope of Services and fees, please sign and return one (1) copy of this letter to our office for our records, and as our Notice oceed. CPH, INC. By: Albert Lopez Signature Office Manager Title: ci+44e),(, 4.) November 17, 2020 )1 12-0 Date Date * Work authorized as a work order under Heritage Bay CDD's current Contract with CPH for a not to exceed amount of$1,100.00 as approved by the Board at their 1/7/21 meeting. 2/4/21 approval for an additional $55.00 for a total not to exceed amount of $1,155.00 per Resolution 2020-02 for the markers as noted in a 2/4/21 email to CPH/QCDD Chairman. - 3 - Agenda Page#69 HERITAGE BAY Community Development District Financial Report November 30, 2020 (Unaudited) Prepared by INFRAMARK HERITAGE BAY Agenda Page#70 Community Development District Table of Contents FINANCIAL STATEMENTS Pages Balance Sheet-All Funds 1 Statement of Revenues, Expenditures and Changes in Fund Balance General Fund 2-3 Debt Service Fund 4 SUPPORTING SCHEDULES Trend Report 5-6 Non-Ad Valorem Special Assessments 7 Cash and Investment Report 8 Bank Reconciliation 9 Check Register 10 Agenda Page#71 HERITAGE BAY Community Development District Financial Statements (Unaudited) November 30, 2020 HERITAGE BAY Agenda Page#72 Community Development District Governmental Funds Balance Sheet November 30, 2020 SERIES 2018 DEBT GENERAL SERVICE ACCOUNT DESCRIPTION FUND FUND TOTAL ASSETS Cash-Checking Account $ 1,224,908 $ - $ 1,224,908 Due From Other Funds - 738,349 738,349 Investments: Money Market Account 352,275 - 352,275 Reserve Fund - 390,396 390,396 Revenue Fund - 225,456 225,456 TOTAL ASSETS $ 1,577,183 $ 1,354,201 $ 2,931,384 LIABILITIES Accounts Payable $ 9,656 $ - $ 9,656 Due To Other Funds 738,349 - 738,349 TOTAL LIABILITIES 748,005 - 748,005 FUND BALANCES Restricted for: Debt Service - 1,354,201 1,354,201 Assigned to: Operating Reserves 95,441 - 95,441 Reserves-Erosion Control 14,687 - 14,687 Reserves-Lakes 156,250 - 156,250 Reserves-Stormwater System 21,765 - 21,765 Unassigned: 541,035 - 541,035 TOTAL FUND BALANCES $ 829,178 $ 1,354,201 $ 2,183,379 TOTAL LIABILITIES&FUND BALANCES $ 1,577,183 $ 1,354,201 $ 2,931,384 Page 1 HERITAGE BAY Agenda Page#73 Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending November 30, 2020 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 2,000 $ 333 $ 360 $ 27 Special Assmnts-Tax Collector 355,190 258,710 163,544 (95,166) Specials Assmnts-Lakes 30A&30B 60,923 44,374 28,051 (16,323) Special Assmnts-Reserves 31,250 22,762 14,389 (8,373) Special Assmnts-Discounts (17,894) (13,035) (8,288) 4,747 TOTAL REVENUES 431,469 313,144 198,056 (115,088) EXPENDITURES Administration P/R-Board of Supervisors 9,000 1,500 1,600 (100) FICA Taxes 689 115 122 (7) ProfServ-Arbitrage Rebate 600 600 - 600 ProfServ-Dissemination Agent 1,500 250 250 - ProfServ-Engineering 14,000 2,333 3,258 (925) ProfServ-Legal Services 13,000 2,167 608 1,559 ProfServ-Mgmt Consulting Sery 47,658 7,943 7,943 - ProfServ-Property Appraiser 6,710 6,710 210 6,500 ProfServ-Special Assessment 6,798 6,798 - 6,798 ProfServ-Trustee Fees 5,157 5,157 6,235 (1,078) ProfServ-Web Site Maintenance 1,133 189 189 - Auditing Services 5,900 - - - Website Compliance 1,553 1,553 - 1,553 Postage and Freight 2,500 417 104 313 Insurance-General Liability 8,524 8,524 7,749 775 Printing and Binding 711 119 - 119 Legal Advertising 3,000 500 399 101 Misc-Bank Charges 100 100 - 100 Misc-Assessmnt Collection Cost 8,947 6,517 3,954 2,563 Misc-Web Hosting 2,000 333 418 (85) Office Supplies 100 100 - 100 Annual District Filing Fee 175 175 175 - Total Administration 139,755 52,100 33,214 18,886 Page 2 HERITAGE BAY Agenda Page#74 Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending November 30,2020 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Field ProfServ-Field Management 13,215 2,203 2,203 - R&M-Contingency 42 42 - 42 Total Field 13,257 2,245 2,203 42 Lakes and Ponds Contracts-Lake and Wetland 71,200 11,867 11,200 667 Contracts-Water Analysis 9,861 1,644 - 1,644 Contracts-Water Quality 27,700 4,617 - 4,617 Contracts-Lakes 30A&30B 24,000 4,000 4,000 - Contract-Sediment Testing 6,675 6,675 - 6,675 R&M-Aquascaping 3,500 583 - 583 R&M-Stormwater System 4,000 667 - 667 R&M-Lake Erosion 76,024 12,671 - 12,671 R&M-Contingency 5,792 965 - 965 Reserve-Lakes 31,250 31,250 - 31,250 Reserve-Stormwater System 18,455 18,455 - 18,455 Total Lakes and Ponds 278,457 93,394 15,200 78,194 TOTAL EXPENDITURES 431,469 147,739 50,617 97,122 Excess(deficiency)of revenues Over(under)expenditures - 165,405 147,439 (17,966) Net change in fund balance $ - $ 165,405 $ 147,439 $ (17,966) FUND BALANCE,BEGINNING(OCT 1,2020) 681,739 681,739 681,739 FUND BALANCE,ENDING $ 681,739 $ 847,144 $ 829,178 Page 3 HERITAGE BAY Agenda Page#75 Community Development District Series 2018 Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending November 30, 2020 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 3,000 $ 500 $ 9 $ (491) Special Assmnts-Tax Collector 1,689,155 1,230,329 777,757 (452,572) Special Assmnts-Discounts (67,566) (49,213) (31,293) 17,920 TOTAL REVENUES 1,624,589 1,181,616 746,473 (435,143) EXPENDITURES Administration ProfServ-Property Appraiser 25,337 25,337 598 24,739 Misc-Assessmnt Collection Cost 33,784 21,742 14,929 6,813 Total Administration 59,121 47,079 15,527 31,552 Debt Service Principal Debt Retirement 1,030,000 - - - Principal Prepayments - - 5,000 (5,000) Interest Expense 535,031 267,516 267,441 75 Total Debt Service 1,565,031 267,516 272,441 (4,925) TOTAL EXPENDITURES 1,624,152 314,595 287,968 26,627 Excess(deficiency)of revenues Over(under)expenditures 437 867,021 458,505 (408,516) OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance 437 - - - TOTAL FINANCING SOURCES(USES) 437 - - - Net change in fund balance $ 437 $ 867,021 $ 458,505 $ (408,516) FUND BALANCE,BEGINNING(OCT 1,2020) 895,696 895,696 895,696 FUND BALANCE,ENDING $ 896,133 $ 1,762,717 $ 1,354,201 Page 4 Agenda Page#76 HERITAGE BAY Community Development District Supporting Schedules November 30, 2020 e e e e G O rnn o p 0 o CO 0 a O e 000000CO 0C O < a n nr oo p CO1 o o COm 0 0 OI 0 Of 0 0 0 0 CO 0 CO N. +C)) 0 CO 0 0 0 0 CO o r) rn raO'D CO cn LO LO0 � � 0e- cnop � LO 6 0 N O !� O) e-a CO m CO 0 .- LO e- N m N a m co CO 0) QU i Q 03 m y a m CL \ a O r . O m . C. L0 CO O O , r O) <h O . a Ln O CI) sr N O V CFI O O, O N Q N N co O m o o O) m (6 J N - O m o .- N 0, Cr <0 N e- O N CO coN Q O e- i0 UI Ni <O Oi m e- V e- Is <O e- LO N m N r- i 1- N -- M Q I 0 O 1r r LL w �p Q "t L O O 0) CO [D CV CC O r N <m0_COO 1 1 , T Opi ' CO ' cn 0 CO 0 ' 0 0 ' ' CO C)Ct CD .-co <c m y oe r o 0 CO, N a % w O V 10") O f0 CO T O CV N ' O CO 0 m r O ' LC, cn CO . ' . sr o e- N ' CO 1 sr CO co ' e- N ~ <.f c0 O c0 r b CO r M Q V) r r0 LO CV 0 C ^ 0, O CVO. a rn a0 0 ? r CV 0 co o CO LO LO NI _ CO Q v r f0 m CO t.s L r N CO CV CO C o r _ _ CO CO r 3 -Er e- LL co O w ._ N re, , , , , r, O r , 0 N. <n N . . . . , N NC) c a r LC, CO M sr N N co CD O ' mo C CO) cn R T cu CC up -oC m C CD W CO > 0 r r v m n H Z N R r N f� 0CV 0 O Os cn cn o Lo CO COLO LC, N0 CO 3 O CO w N N r CO O O) CO N 0 LO N ,...7, Q CO �( O W N r c, O) o Ln r <. i i . R . . 0) 0 • CO r O coIs- m O N N <0 m N- CO 0 W co m pp r O O) N N m c .---, CO W > O N O r0 00 0) N m m r , co O p p b LL CO r 0 i0 N- Lc) O O CO CO LO LO .- 0 N OCOCC' CO m N ,I CO O `9 Y ND CO m CO N , CO • . . . m , 0) 0 • r N.- (O r O 0 i0 CO r CO CO CO N- O 0 N MCV G) O o) v N .- e- 0 a CO t0 co o N �lC co O .- CO I j Cr CO CO U) - OD 0, 0 0 0 1� 0) O T CO M M Cr; >O Z = O N 01 Q 4.9 LO Cr O m 17i o v • C) Ur • • v) 0) • O. O • LO c0 0 m N co CO CV CO r CO O CO "" v CO co r- -.--. N a .` «s N 0 ++ O c0 co CO _ CV c COo d c C ci NO c E CO S w N Q d A 2 a 1 . ¢ &' % m e CV d a o y CO LL LLC m I LK o CI_ g a n c3 74 d v .e - o o iii (27 2W Q 11 g s�i i�! m a g .g o, g. o aU) 1-4 m .2 ' LL (? m I A w I Sz v Q .�. Q v N `E) H y ar -- 0 fa y ¢` o w` _1 2 0_ <i) I` 3 d c a, V 0 = a y m O < w d S o <r3 Z 2 Z Z Z Z f Z ' c., m m 5 Q g d 3 o < 7 w < < u> 2 1 m ¢ o 0 0 0 0 0 0 0 o a a 4 <� c 1 m ¢ 3 . 1 r m m m a" a") — c •E r c) $ 4 4 Cl E d a a a a a a d d a ¢' a a` O ¢ C7 C > n n n n .1O• 6 Q W C K FCY O 2 U U O o CO CO 0 O O O N CO CO N M m Cr O0 O O 0 0 0 0 0 0 ,- N r 0 O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 0 0 N. 0 0 0 0) 0 0 Q Z O O O CO O L 0 0 h 0 0 N 0 N 0 0 VOi 0 0 CC CC 0 L CC CC LO LO eee eee � eeeeeoe e a. o000 co0c000 , , o 0 0 a CO CO CO o. a ei .- rn N N to r-i v m CO. cd ao N k o RI y ro , a ro •c m co o I. a ,,, w d = • rn O Sr 0 CD Sr d MI /a)^ N To N t1�"i O O N M M aO N M _LO a _ • Q N O e— « A O N N M t0 O V b N1 F LL 1- N el v '_ t0 t0 a ^O CO ^ Q 9 t VI O • N O O ' O• co LO N o A �_ a V < w a 1. g co00 CC W Or .- .-- ul a0 N O N N U t CO « <O bCD W ` N _ _ aa w .0= z y O • • O 0 . kft NNO N OS.0 G m CD ON R C N O e--. e- N < V N to e- e- 0 CO Q w w N O O . • A A A CO R V O V O O 0 CO N O CO M f N _ N N y y N N O N N N A m N w a) V 0 co v Sr v Sr O - coCO N M O CO N N N R .- a, N t0 N N te C CO61 Q01 « �./� W w co N O r • N O < R ect co 1�0 C ' "O 1 = O CO N N N O M Q co N N to CO ^ t0 tD N N N U. CO C C)._ N c rnNm0 r m C 0 v v' O 15 a) N O C N CO N N t0 1. N N N 151 0. m C M w CZ 1 CO CI 0, . Sr Mr Sr CO N <V U 0C Cl' O « O N N t t0 0 1� [D tG C N m C w . O t7 N O O • A • rn A A V CPI y Z N Oco O Q .Q N N t0 ^ ra v N 01 C CO C « N N tOn 0 CO sr M M W ? .- to O N N t0 ^ NCOt - 0 CO W a) co N N O . . . co co • , • a m mUI « co coO 0 l N co N -p •- - N N tD - N - C _c Li, m w « G CO 0 CO 00 i i • i • CO CO 0, CAI T O O N ' CO O .- u0 0 N N tD A N LL 9 01 IH CO O w r C ' G m 00 m r r • m m O co M _ co « co CO CO M A . E O N N tp n n - - t0 t0 p a — N to to th to m 1 w 4.CC 0 A A 0 C. N 1 V �/ CO 0 � 0 O tO0 VI _ co Lci Z Q « O h O O O O N U a •` w h Q .+ 0 C G) N co N O E -o mmtTa aEi '� ' m m N } d n `� !� to 0 E w ao �i O . ,4'oa w cn .-' a o N N c c a -o m m 'g §-m o m d o m m to o o .= '= .�.• 'n .o ii92 R ,h L• L' Sys �n o �°2 Lu to m .4 '2 al ai m w 0 Q m U `� `� `A' ¢in U e y c A A o ~ c c c c M M M M m to ~ $ p c LL 'L IY Q °l n. K Y 0 0 0 0 0 d' d' d' m K d' 7 L" W ° N 9CL IX IL J q }r W O O- V 2 li o_ CL U u o m m m V V O O - cc, m Q Z CO^ v to v v v v CO e a 1 li 4 ( a) co o) Q a cod r o N LO V CO I` o T m LO 6) N COCOCI)Ill CO N- co LO N V I,. V M OC O criLU � O) N- I, ) o 'p co CO N N- CR 69 69 40 69 Z lv N LO o CO CO CO CO CO CO CD > = N N N CO O M Cr CO la. CD CO CD 0 E co Z W Q Q — 69 4.9 69 Qo O N CO CO 0 U CO NN CO CO CO In CO N- CO O CT CO CI) CO) CO O V CO ` 0 a) M O co' N Y Ca CO-1 ea N CO V Q J QO co K _ O) I- CCOO F- coam coO V. (O CO a) N N CO CO CA V CD TN 1- 'p CIO C) M I- O M N 0 c coco N- N- CD CT C - Cv LL O• N M 0 ✓ c o _a F» v> 69 69 m OO O O CO N CO CO 6)) CO a CO h- a- (..) d LO O CO N- Cr) CO I,- V N. CD `- O) CT Cfl N- M N •N fn N 7 > M V V Cr a- C p E `O o d N 1EA C) Luc 0 Q w N — CD O N V ID __) R9 4.9 69 Q >'} <0 t TON N COO COD CO CI = 0 C CO CO O CO u O an o C C CP C)D In- a) y CO 0 E r o v a) U o 0 LL U) WT C9 Co O O CO a CO CO rn CO Q — N O N CD O Ir) c c Cv c `- 0O D) °) o m .- 3 M Z 0 (0u c E m Cu Q 6 a ER 69 LO LO CO n V V CIS CO N- Ccci N CC') CO A- N A— N— M N C U 7 .0 'C O > V V CT 0 to Q u Z a) x a CV te) Z ' Z > a a) `Io ~JN EA fH O wI"Q N C U r9 O r 0 'O a O O O O Q N Q cl) CD > U cv 0 CD (�' CC Q Q o ~ m a 'c — o 1- = r a W 0rY = 0 HERITAGE BAY Agenda Page#80 Community Development District Cash and Investment Balances November 30, 2020 ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE GENERAL FUND Operating Checking Valley National Bank N/A 0.25% $ 1,224,908 Money Market Account BankUnited N/A 0.30% 352,275 Subtotal General Fund 1,577,184 DEBT SERVICE FUND Series 2018 Reserve Fund US Bank N/A 0.2% 390,396 Series 2018 Revenue Fund US Bank N/A 0.2% 225,456 Subtotal Debt Service 615,852 (i) Total $ 2,193,035 Note (1) Invested in First American Obligation Fund Report Date: 12/22/2020 Page 8 Heritage Bay CDD Agenda Page#81 Bank Reconciliation Bank Account No. 9727 Valley National Bank GF Statement No. 11/20 Statement Date 11/30/2020 G/L Balance(LCY) 1,224,908.30 Statement Balance 1,225,168.30 G/L Balance 1,224,908.30 Outstanding Deposits 0.00 Positive Adjustments 0.00 - - Subtotal 1,225,168.30 Subtotal 1,224,908.30 Outstanding Checks 260.00 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 1,224,908.30 Ending Balance 1,224,908.30 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 7/2/2020 Payment 3625 COLEMAN,YOVANOVICH&KOESTER,P.A. 260.00 0.00 260.00 Total Outstanding Checks 260.00 260.00 Page 9 O Q) •- CO 0 0 0 0 0 O O 0 N- CO a- 0 0 N- N N N N- CO CO .o O r` ai co 0 0 a V V 7 V 7 'Q N a (0 co 0 0 co co co co co an 0, # 4 (0 (069 69 Fn (n w w N N 0) _ co co m d co # a .0 C C A a) 0 r` a Q u (0 O 0 0 0 0 Y 4 u In 00) In N 0) at cu C J N u) (0 (i) (0 F 0 IN O 0 0 0) 0 0 V Cr a 0, "4" V C N O CO CO V CO CO 0 0 0 0 0 0 0 0 U. L 2 y CO C • a) 0 N N a) 2 N y LL a a > O. a Q d C 0) a O "0 J C l0 0 _ a a N Y Y O O O 0 0 y N a LL = J J U Q -0 N N > 0) N > a) 2V C =To- (n (n o C O O N O O Hre ¢ a 0_ 2 0 o N C a) VI 0 0) LL LL 0) 0) O) O) 01 I- C • co, N m D D C-.i C-. Z C O a U W N a o x x 2 (ol oN a a0 a a0 a0 'V N W W (/) N ON 0 O 0 0 0 0 0 L}i a s >, >> >> m m m > > O O ❑ N Q Q V o_Z Z a a a a M C a) 2 2 - . , ON N ON N ON D e- E LL LL LL ` C C ON 0 0 0 ON W g 0 2 E C 0 0 f0 vs- LL = N N d N (D ,D (O (D p L1 N O o 'N W 0 o Q o c•' c" % .� a) a) a) a a) a a a a O a N y .� Lz EEEEE N C) a 0 0 ❑ Y a) > > > > > woo I- a1 -- .0 (/) F- F- Q J J Z Z Z Z Z a U Z o o 0Z 0 0 0 J J J J J C T 0 N oN No (0 0 0 0 0 0 G d N ' N- CD 0 o > > T > > 0 a co 0 0 0) co N d d a d a ✓ c Q u_ Z Z m F- F- W a a Q 0 0 I- 1- 0) al al w w Z I I F- F- W Z Z I 0 Z Z T 1- W W a 0 0 w w d H H < < O CC K Z Z a a 2 M — ❑ w 0 • J J J O W m Z O 0 0 Z W W O• S < 2 LL O zi, J O W W (n oO as w Z Y Q H J J Z W W Z W Q Z ID_ J J Y Y Z J Z O 0 0 Z Q Q WO Q ❑0 0 0 r 0 o 0 0 0 0 0 0 0 0 0 0 O N N N N N N N N N N N V. (0 N N N a) m (D (p (D 0) 0) O CI . Z C U Z ILN (0 V O(0 O O O (0 O O 0 0 0 o 0 2 A co (O (O co co co (O a a a a t 0 4 co co co co (n co co a a a a 0 Q ce W a c o 0 0 0 0 0 0 0 0 0 0 0 = z W co0 co0 co coo 0 0 0 co MANAGEMENT SERVICES MASTER AGREEMENT This Management Services Master Agreement(the"Agreement")is made as of this 1st of October,2020 ("Commencement Date"),between: 1) HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT, a community development district with its principal place of business at 210 North University Drive,Suite 702,Coral Springs, Florida 33071 (hereinafter the "District");and 2) INFRAMARK, LLC, a Texas limited liability company registered in Florida, with its principal place of business at 2002 West Grand Parkway North, Suite 100, Katy, Texas 77449(hereinafter the"Service Company"). BACKGROUND completes the cure within ninety(90)days. The District desires to procure management services required 1.3 This Agreement may be terminated upon the for the District as set forth in Schedule A attached to this dissolution or court-declared invalidity of the District. Agreement ("Services") and the Service Company desires to provide said operations and maintenance services to the 1.4 This Agreement may be terminated by either party District. This Agreement supersedes and replaces as of the without cause at any time during the Term or any Annual Commencement Date that certain Agreement Between Heritage Renewal Term by giving the other party at least sixty(60)days' Bay Community Development District and Severn Trent prior written notice of termination. Environmental Services,Inc.for Management Services between the District and Severn Trent Environmental Services, Inc., as 1.5 Upon termination,the Service Company shall be paid modified by the"Service Agreement Plan 10 3 2016"approved in full for all services rendered and reimbursed for all by the Board Of Supervisors of the District (the "Board") on reasonable costs and/or expenses incurred on behalf of the October 6,2016(all as assigned to,and assumed by,the Service District through the date of termination. Company). 1.6 The Service Company may, at its discretion, suspend In consideration of the mutual promises in this Agreement, the service immediately should the District fail to make payments parties agree as follows: in a timely manner, until such time as the account is made current. 1) TERM AND TERMINATION 2) SERVICE COMPANY'S SERVICES 1.1 The term of this Agreement shall be as of the Commencement Date and shall continue through September 30, 2.1. The Service Company shall provide the services as set 2021 ("Initial Term"), unless terminated pursuant to the forth in Schedule A attached to this Agreement(the"Services"). provisions of this Section 1. Thereafter, this Agreement shall automatically be extended for additional one (1) year periods 2.2. The District is an established and previously operating pursuant to the terms hereof(an "Annual Renewal Term") entity on the date of this Agreement and the parties acknowledge unless otherwise terminated pursuant to the provisions of this that the District previously made available to the Service Section 1 or either party provides written notice of non-renewal Company the following records: to the other party no later than sixty (60) days prior to the expiration of the Term or Annual Renewal Term,as applicable. 2.2.1. All financial books and records of the District; 2.2.2. All bank statements of all accounts of the District; 1.2 The failure of either party to comply with the terms of 2.2.3. Copies of all contracts and agreements to which this Agreement shall constitute a default. Upon default by one District is a party; party,the other party shall send written Notice of Termination. 2.2.4. Copies of all minutes, resolutions and other official Such notice shall clearly specify the nature of the default and actions of the District;and provide the defaulting party forty-five (45) days to cure the 2.2.5. Copies of recorded Covenants and Restrictions, default. If the default is capable of being cured within forty- Articles of Incorporation,by-laws,any amendments thereto,and five(45)days, but is not cured,the Agreement shall terminate plats(to include addresses). at midnight of the forty-fifth(45th)day following receipt of the Notice. In the case of default that cannot be cured within forty- It is agreed between the District and the Service Company that five(45)days,this Agreement shall not terminate so long as the the Service Company shall have no liability for any errors defaulting party has given written notice of the need for the contained in the above-referenced documents except to the extension to the other party and the defaulting party has extent any of said document was created by Service Company commenced and is diligently pursuing a cure, and thereafter and except to the extent resulting from the negligence or willful Page 1 misconduct of the Service Company in the use of said documents. 3.1.2. Obtain and maintain all state, federal, and local permits and licenses required; 2.3. The Service Company may offer and/or the District may request, that additional services be provided under this 3.13. Comply with applicable law relating to the Agreement. If the Service Company and the District agree upon management of the District to the extent that the responsibility a change in the scope of services to be provided under this of complying with those laws is not specifically assumed by the Agreement, such agreement as well as the change in Service Company under this Agreement(the Service Company compensation, if any, shall be agreed to in writing by both shall not be responsible for the District's failure to comply with parties and will be invoiced in accordance with this Agreement. any provision of applicable law that is not otherwise specifically assumed by the Service Company hereunder);and 2.4. In performing the services,the Service Company may rely on information supplied by the District and third-parties to 3.2 The Service Company shall have no liability for the extent practical, and shall not be required to independently vendor late charges if the late charges are not the result of the verify the accuracy and completeness of such information; Service Company's fault or negligence. provided, however, if the Service Company is aware of inaccuracies in the information, the Service Company shall 3.3 The District represents and warrants that: advise the District in writing. In addition,when in the course of its duties the Service Company participates in the accumulation 3.3.1 It is duly incorporated, validly existing, and in good of information developed by others necessary for use in standing under the laws of its state; documents required by the District, the Service Company will be responsible for taking reasonable steps to verify the accuracy 3.3.2. It has all requisite power, financial capacity, and of such information, provided, however that the Service authority to execute, deliver,and perform its obligations under Company shall not be responsible for independently verifying this Agreement; the accuracy of any information requiring professional certifications or licenses. 3.3.3. The execution, delivery, and performance of this Agreement has been duly and validly authorized by it by all 2.5. Nothing in this Agreement shall prohibit the Service necessary action, and this Agreement constitutes the legal, Company from (a) performing water and wastewater utility valid,and binding agreement of it and is enforceable against it management, customer services, utility billing, and operation in accordance with its terms; and maintenance services for the District under a separate agreement;and(b)providing for the benefit of any other district 3.3.4. It shall comply in all material respects with all services like the services provided to District. District hereby applicable federal, state, local, or other laws and regulations waives any and all conflicts of interest or potential conflicts of applicable to the performance by it of its obligations under this interest, it being specifically agreed to and understood that Agreement and shall obtain all applicable permits and licenses Service Company's provision of such services to the District or required of it in connection with its obligations under this to any other district shall not constitute a conflict of interest Agreement; under this Agreement. 3.3.5. As of the Commencement Date of this Agreement, 2.6. Even though Service Company's employees may there is no outstanding litigation,arbitration or other dispute to include licensed attorneys and engineers, the District which the District is a party which,if decided unfavorably to it, acknowledges that the Service Company is not performing in the would reasonably be expected to have a potential or actual capacity of a law firm or an engineering firm when providing material adverse effect on its ability to fulfill its obligations services under this Agreement. The Service Company may offer under this Agreement;and general interpretation of documents, but legal opinions are obtainable only from the District's legal counsel. 3.4 The District shall operate as a body, dictated by the District legal documents and applicable laws. Authority lies in 2.7. The Service Company shall provide the Services in a a majority vote of the Board(except as otherwise provided by professional and workmanlike manner, and in accordance with law),and no Director shall act independently unless authorized generally accepted industry practices. THE SERVICE by a Board Resolution or other action of the Board that COMPANY EXPRESSLY DISCLAIMS ALL OTHER empowers him/her to make specific decisions independently or EXPRESS AND IMPLIED WARRANTIES UNDER LAW. spend funds within a specified dollar range. All Board decisions, except as otherwise permitted by law, will continue 2.8. INTENTIONALLY DELETED. to be made through formal Board meetings attended by the Service Company and documented in the specific Board 3) DISTRICT OBLIGATIONS meeting minutes. If no liaison is named for communications with the Service Company on a partial matter, it shall be 3.1. The District shall: deemed to be the Chairman. Notwithstanding anything in this Agreement to the contrary, each party is not liable for any 3.1.1. Perform all duties and discharge all responsibilities liabilities, losses, damages, expenses, fines, or penalties and obligations not expressly assumed by the Service Company incurred by the other party or any third party as a result of a data pursuant to the terms of this Agreement; security breach or other cyber security breach to computer Page 2 systems, operating systems, and all other technological or reference, or with the written consent of the District, in and information systems related to the Services provided hereunder, directly attributable to its fulfilling its duties under this except to the extent such liability, loss,damage,expense, fine, Agreement, including, but not limited to, postage costs, or penalty is the direct result of the party's negligence or willful supplies costs and costs to reproduce documents. Such costs misconduct. and expenses are payable by the District to the Service Company. 4) FEES AND PAYMENT 4.6. The Service Company reserves the right to suggest The District shall pay the Service Company the Total Annual modification, upon thirty (30) days' written notice to the Base Fee as set out in Schedule B.,Section I. The Total Annual District,of any of the applicable fees listed in the"Miscellaneous Base Fee for the first year of the Agreement is defined in Schedule of Charges",attached to the Agreement,to bring them Schedule B and will be valid through September 30,2021. For in line with the Service Company's determination of current the sake of clarity, however, because the Initial Term is less industry practice. The Board shall consider such increases upon than a full fiscal year,the Total Annual Base Fee for the Initial notice and documentation of the reason for the increase. Should Term shall be prorated over the remaining months of the Initial the Board reject an increase,the Service Company shall have the Term and paid pursuant to Section 4.1. Changes to the Total option to terminate the Agreement upon sixty(60)days'written Annual Base Fee, as well as all fees identified in Schedule B, notice to the District. or the additional of any other fees can only be made by mutual written agreement of both parties or in the final budget 4.7. For each fiscal year of the District,the Total Annual approved by the Board pursuant to Section 4.7. Base Fee payable to the Service Company under the terms and conditions of this Agreement shall be in an amount approved 4.1. The District shall pay the Total Annual Base Fee in by the District in its final fiscal year budget. Each fiscal year equal monthly installments. The Total Annual Base Fee shall the District will consider price adjustments to compensate for be due, in advance, on the first of the month during which the market conditions and the anticipated type and amount of work Services will be rendered. to be performed by the Service Company during the upcoming fiscal year of the District. In no event shall the compensation 4.2. The District shall pay the Service Company any payable to the Service Company be reduced from the prior related permitted expenses incurred by the Service Provider as fiscal year, unless agreed to by the District and Service set forth in Schedule B's Miscellaneous Schedule of Charges, Company,in writing. Section II. Such payments shall be due and payable within thirty(30)days after the receipt of an invoice for such expenses. 4.8. If the fiscal year budget is not finally approved prior to the first day of the fiscal year, the Service Company's 4.3. Additional services not described on Schedule A that compensation under this Agreement will continue at the rate are rendered by the Service Company for or on behalf of the currently in effect at the time of the renewal. The subsequent District and with the District's prior written consent, including, approval of the budget will result in a retroactive fee but not limited to,preparation of special schedules in assisting adjustment, if applicable, which will be invoiced in the first auditors,preparation for lawsuits or court appearances, and/or month following final approval of the budget. the coordination of insurance claims, major construction projects, or emergency repairs due to acts of God, when 4.9. Upon receipt of a ten(10)day written notice of a late requested by the District,will be billed based upon a scope of payment(which late payment on behalf of the District is not the services to be approved by the Board and at an hourly rate of result of any action or inaction of the Service Company), any $100.00 per hour for work performed pursuant to the approved and all late payments due to either party from the other shall scope of services. All FEMA related work will be billed at an accrue interest at a rate of one percent(1%)per month from the hourly rate of$150.00 per hour and there will be a flat fee of original due date and until payment is received, unless waived $750 for the development and submission of the initial filing of by agreement. any FEMA application to initiate a claim. 5) INDEMNIFICATION AND LIMITATION 4.4. In the event of the need for emergency repairs, the Service Company is authorized to dispatch the appropriate 5.1. DISTRICT AGREES TO THE EXTENT vendor, without liability to the Service Company, to take PERMITTED BY LAW AND SUBJECT TO ANY OTHER whatever corrective action is necessary to make the emergency LIMITATIONS OF LIABILITY DESCRIBED HEREIN, IF repairs; provided all action of the Service Company shall be ANY, TO INDEMNIFY, DEFEND AND HOLD THE consistent with Resolution 2020-02 of the Board and/or such SERVICE COMPANY AND ITS DIRECTORS, OFFICERS, subsequent Resolution of the Board that modifies or replaces MANAGERS, AGENTS AND EMPLOYEES HARMLESS such Resolution. The District Chairman or Vice Chairman,to FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, the extent practical,will be notified immediately of the need for SUITS OR DEMANDS BY ANY THIRD PARTY FOR emergency action. INJURIES OR DAMAGE OF ANY NATURE, INCLUDING LITIGATION OR ANY APPELLATE PROCEEDINGS 4.5. The District shall reimburse the Service Company for WITH RESPECT THERETO, TO THE EXTENT SUCH all reasonable costs or expenses incurred by the Service LIABILITY, CLAIMS, ACTIONS, SUITS OR DEMANDS Company as provided for in the "Miscellaneous Schedule of RESULTED FROM THE DISTRICT'S INTENTIONAL OR Charges"attached to the Agreement and incorporated herein by GROSS NEGLIGENT ACTS OR OMISSIONS RELATING Page 3 TO THE DISTRICT'S OBLIGATIONS HEREUNDER. BECAUSE OF THE EXECUTION OR IMPLEMENTATION NOTHING HEREIN SHALL CONSTITUTE OR BE OF SPECIFIC INSTRUCTION OR DIRECTIONS CONSTRUED AS A WAIVER OF THE PROTECTIONS, PROVIDED BY THE DISTRICT OR ANY OF ITS DULY IMMUNITIES, AND LIMITATIONS OF LIABILITY DESIGNATED AGENTS OR REPRESENTATIVES. AFFORDED THE DISTRICT PURSUANT TO SECTION 768.28,FLORIDA STATUTES AS PROVIDED IN SECTION 5.6. Service Company further agrees that nothing herein 5.6. will constitute or be construed as a waiver of the Districts limitations on liability contained in Section 768.28, Florida 5.2. SERVICE COMPANY AGREES, SUBJECT TO Statutes,or other statute or law. Obligations under this section ANY LIMITATION OF LIABILITY DESCRIBED HEREIN, will include the payment of all settlements, judgments, IF ANY, TO INDEMNIFY, DEFEND AND HOLD THE damages, liquidated damages, penalties, forfeitures, back pay DISTRICT AND ITS SUPERVISORS, OFFICERS, awards, court costs, arbitration and/or mediation costs, MANAGERS, AGENTS AND EMPLOYEES HARMLESS litigation expenses, attorney fees, and paralegal fees (incurred FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, in court,out of court,on appeal,or in bankruptcy proceedings) SUITS OR DEMANDS BY ANY THIRD PARTY FOR as ordered. INJURIES OR DAMAGE OF ANY NATURE, INCLUDING LITIGATION OR ANY APPELLATE PROCEEDINGS 5.7. INTENTIONALLY DELETED WITH RESPECT THERETO, TO THE EXTENT SUCH LIABILITY, CLAIMS, ACTIONS, SUITS OR DEMANDS 5.8. INTENTIONALLY DELETED. RESULTED FROM THE SERVICE COMPANY'S INTENTIONAL OR GROSS NEGLIGENT ACTS OR 5.9. Although the Service Company shall be liable to the OMISSIONS RELATING TO SERVICE COMPANY'S District for the actions of its subcontractors, the District shall OBLIGATOINS HEREUNDER. not hold the Service Company liable for any losses or damages arising out of or attributable to the acts or omissions of third 5.3. (a) In the event a cause of action or claim by District parties that the Service Company does not have a contractual against Service Company arising out of this Agreement is relationship with to perform services for the District or in covered by Service Company's insurance policies required fulfillment of the services provided to the District, unless the hereunder, Service Company shall not be responsible for any Service Company failed to exercise reasonable care to select loss, damage or liability beyond the limits of the applicable third parties competent to provide services. insurance policy carried by Service Company pursuant to the requirements of this Agreement. Notwithstanding anything to 5.10. The District shall not hold the Service Company liable the contrary hereunder, the foregoing limitations of liability for any loss of records to the extent arising out of or attributable shall not apply and there shall be no limit of Service Company's to unforeseeable occurrences caused through no fault of the liability as to the following: (i) Service Company's Service Company; provided, however, that the Service indemnification obligation under Section 5.2; (ii) causes of Company shall have an affirmative obligation to take action or claims alleging fraud, gross negligence or willful reasonable steps to protect and preserve District documents and misconduct of Service Company relating to its duties and files including the use of electronic storage, backups and obligations under this Agreement or (iii) causes of actions or reasonable security measures and systems. claims not covered by insurance because of Service's Company's failure to maintain the applicable insurance policies 5.11. In the event that a party receives notice of or required hereunder. undertakes the defense or prosecution of any action,claim,suit, administrative or arbitration proceeding or investigation (b) With respect to any other cause of action consistent with its indemnity obligations hereunder,such party and/or claim arising under this Agreement not covered by shall give the other party prompt notice of such proceedings and paragraph (a) of this Section 5.3, the Service Company's shall inform the other party in advance of all hearings regarding liability shall in no event exceed an amount equal twice the such action,claim,suit,proceeding or investigation. amount of the Total Annual Base Fee paid to the Service Company during the Agreement year in which such cause of 5.12. This indemnification shall not be construed as a action and/or claim arose. waiver of the District's sovereign immunity under state law and is subject to the limitations set forth under state law. 5.4. NEITHER PARTY SHALL BE LIABLE, EITHER DIRECTLY OR AS AN INDEMNITOR,FOR THE OTHER'S 6) INSURANCE SPECIAL, PUNITIVE, INDIRECT AND/OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO 6.1. The Service Company shall provide and maintain the LOSS OF USE, LOSS OF INCOME OR LOSS OF PROFIT, following levels of insurance coverage: EVEN IF THE OTHER PARTY HAS BEEN FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGES. 6.1.1. Commercial Crime/Fidelity Insurance with a per loss limit of one million dollars($1,000,000.00); 5.5. UNDER NO CIRCUMSTANCES SHALL SERVICE COMPANY BE RESPONSIBLE FOR ANY DAMAGES, 6.1.2. Professional Liability insurance with an aggregate limit LOSSES, SETTLEMENT, PAYMENT DEFICIENCIES, of two million dollars($2,000,000); LIABILITIES, COSTS AND EXPENSES ARISING Page 4 6.1.3. General Liability insurance with a per occurrence limit party shall be entitled to recover from the non-prevailing party of one million dollars($1,000,000);and reasonable attorney's fees and all costs and expenses expended or incurred by the prevailing party in connection therewith 6.1.4. Workers compensation coverage as provided by and in including, without limitation, at all trial levels and appellate the amounts specified by state law. levels and in post-judgment proceedings. The District shall be named as an additional insured on all 8) FORCE MAJEURE policies required. The Service Provider shall furnish the Board with a Certificate of Insurance evidencing compliance with these A party's performance of any obligation under this Agreement requirements. No certificate shall be acceptable to the District (except for payment obligations)shall be excused if,and to the unless it provides that any change or termination within the extent that,the party is unable to perform because of any event policy periods of the insurance coverage, as certified, shall not of Force Majeure.The party unable to perform shall be required be effective until thirty (30) days after written notice to the to resume performance of its obligations under this Agreement DISTRICT. Insurance coverage shall be from a reputable as soon as reasonably practicable following the termination off insurance carrier,who licensed to conduct business in the State the event or because that excused performance hereunder.Force of Florida and such carrier shall have a Best's Insurance Reports Majeure is defined as any act,event or condition to the extent rating of at least A-VII. that it adversely impacts the cost of performance of, or adversely affects the ability of, or either party to perform any 6.2. The District shall maintain in force a directors' and obligation under this Agreement (except for payment officers'liability policy in an amount of not less than one million obligations) if such act, event or condition, in light of any dollars($1,000,000)in aggregate coverage and such policy shall circumstances that should have been known or reasonably name the Service Company as an additional insured. believed to have existed at the time, is beyond the reasonable Additionally, the District may maintain property and general control and is not a result of the willful or negligent act,error, liability insurance with appropriate coverage as deemed omission or failure to exercise reasonable diligence on the part necessary or appropriate by the Board. of the party relying thereon. 7) DISPUTES 9) PUBLIC RECORDS 7.1 In the event of any disputes, the parties shall first 9.1 The Service Company will be the public records attempt to resolve the situation by good faith discussions which custodian for the District. In connection with its services to shall take place in a timely manner. If the dispute cannot be District,the Service Company agrees to fully comply with the resolved within twenty(20)days,the parties shall mediate their provisions of Section 119.0701, Florida Statutes pertaining to dispute before a mediator who is an attorney licensed to practice Florida's Public Records Law. Said compliance will include law in Florida, certified as a Circuit Court Mediator by the the Service Company taking appropriate and necessary steps to Supreme Court of Florida and otherwise acceptable to both comply with the provisions of Section 119.0701(2)(b),Florida parties. The parties shall have fifteen(15)days to agree upon a Statutes including,without limitation,the following: mediator and the mediation shall be held within thirty(30)days after selection of a mediator. Mediation shall be held in Collier 9.1.1. The Service Company shall keep and maintain public County, Florida. If the parties cannot agree upon a mediator records required by the District to perform the services within such fifteen (15) day period, they shall ask the 20th hereunder. Judicial Circuit Mediation Program to nominate a mediator, which nomination shall be deemed acceptable to both parties. 9.1.2.Upon a request for public records received by the District, The parties shall bear their own costs of the mediation but the the Service Company shall provide the District with a copy of parties shall share equally the costs of the mediator and the the requested records or allow the records to be inspected or mediation facilities. copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes or otherwise 7.2 If the parties are unable to resolve any disputes provided by law. following the procedures set forth in Section 7.1, either party may pursue its claim in a law or equity. Sole and exclusive 9.1.3 The Service Company shall ensure that public records that venue for all legal action necessary to enforce the Agreement are exempt or confidential and exempt from public records shall be in Collier County,Florida. disclosure requirements are not disclosed except as authorized by law for the duration of the agreement term and following 7.3 ALL CLAIMS MUST BE BROUGHT WITHIN ONE completion of this Agreement if the Service Company does not (1)YEAR OF THE DATE THE CLAIMING PARTY KNEW transfer the records to the District. OR SHOULD HAVE REASONABLY KNOWN OF SAID CLAIM. THE INSTITUTION OF THE DISPUTE 9.1.4 Upon completion of this Agreement, the Service RESOLUTION PROCEDURES BY A PARTY UNDER Company shall transfer, at no cost, to the District all public SECTION 7.1 SHALL TOLL THE TIME FOR FILLING A records in possession of the Service Company consistent with CLAIM IN APPLIACBLE COURT HEREUNDER. Florida law. All records stored electronically by the Service Company must be provided to the District,upon request from 7.4. In any action brought forth by either party for the the Board,in a format that is compatible and consistent with the enforcement of the obligations of the other party,the prevailing Page 5 manner in which community development district records and remedy shall be cumulative and shall be in addition to every customarily held and stored in the industry. other remedy now or hereafter existing at law or in equity or by statute or otherwise,including injunctive relief. 9.1.5 The District shall make all determinations as to what constitutes confidential or exempt public records. 10.4. If any provision of this Agreement or application thereof to anyone or under any circumstances is adjudicated to 9.1.6 Service Company shall follow the requirements of the be invalid or unenforceable in any jurisdiction,such invalidity Florida Records Retention Act and destroy all records in or unenforceability shall not affect any other provision or accordance with the requirements of the law. application of this Agreement which can be given effect without the invalid or unenforceable provision or application 9.1.7 Failure of the Service Company to comply with Section and shall not invalidate or render unenforceable such provision 119.0701,Florida Statutes may subject the Service Company to or application in any other jurisdiction. penalties under Section 119.10,Florida Statutes. Further,in the event the Service Company fails to comply with this Section or 10.5. This Agreement shall be construed without regard to Section 119.0701,Florida Statutes,the District shall be entitled the party that drafted it. Any ambiguity shall not be interpreted to all remedies at law or in equity. The following statement is against either party and shall,instead,be resolved in accordance required to be included in this Agreement pursuant to Section with other applicable rules concerning the interpretation of 119.0701(2),Florida Statutes: contracts. IF THE SERVICE COMPANY HAS 10.6. This Agreement contains the entire agreement between QUESTIONS REGARDING THE District and Service Company and supersedes all prior or contemporaneous communications, representations, APPLICATION CHAPTER 119, understandings or agreements that are not consistent with any FLORIDA STATUTES, TO THE material provision of this Agreement. SERVICE COMPANY'S DUTY TO 10.7. The parties may only modify this Agreement by a PROVIDE PUBLIC RECORDS written amendment signed by both parties. RELATING TO THIS AGREEMENT, 10.8. The failure on the part of either party to enforce its CONTACT THE CUSTODIAN OF rights as to any provision of this Agreement shall not be PUBLIC RECORDS AT SANDRA construed as a waiver of its rights to enforce such provisions in the future. DEMARCO C/O INFRAMARK, LLC, TELEPHONE: (954) 603-0033, EMAIL: 10.9. In the event of termination of this Agreement or failure SANDRA.DEMARCO(a�INFRAMARK.0 to renew this Agreement by the District, District agrees, for a period of twelve(12)months from the date of termination,not OM, AND MAILING ADDRESS: 210 N. to engage or attempt to engage the services of anyone who is UNIVERSITY DRIVE, SUITE 702, employed by Service Company (or was employed by Service Company at any time within one (1) year prior to the date of CORAL SPRINGS, FL 33071. termination or non-renewal)for the performance of identical or similar services. 10) MISCELLANEOUS 10.10. This Agreement shall be binding upon the successors 10.1. Where agreement, approval, acceptance, consent or and assigns of each of the parties. This Agreement shall not be similar action by either party hereto is required by any provision assigned by either party without the prior written consent of the of this Agreement, such action shall not be unreasonably other party,which consent shall not be unreasonably withheld. delayed or withheld. Each party will cooperate with the other by, among other things, making available, as reasonably 10.11. This Agreement shall be construed under and in requested by the other, management or board decisions, accordance with the laws of the State of Florida, and all information,approvals,and acceptances in order that each party obligations of the parties created hereunder are enforceable in may properly accomplish its obligations and responsibilities the federal or state court having appropriate jurisdiction thereof. hereunder. Should a party withhold such cooperation as detailed in this Section, the other party shall not be liable for 10.12. Pursuant to Section 287.135,Florida Statutes, Service late fees,fines,or other damages or delay as a result. Company represents that in entering into this Agreement, the Service has not been designated as a "scrutinized company" 10.2. The headings and titles to the sections of this under the statute and,in the event that the Service Company is Agreement are inserted for convenience only and shall not be designated as a"scrutinized company", the Service Company deemed a part hereof or affect the construction or interpretation will immediately notify the District whereupon this Agreement of any provision. may be terminated by the District. 10.3. No remedy herein conferred upon any party is 10.13. Section 287.133, Florida Statutes, provides that a intended to be exclusive of any other remedy and each such person or affiliate, as defined in that Section, who has been Page 6 placed on the convicted vendor list following a conviction for a ATTN:Legal Department public entity crime may not submit a bid on a contract to Email: Michael.alpago@inframark.com provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or To District: repair of a public building or a public work, may not submit Heritage Bay Community Development District bids on leases of real property to a public entity, may not be Attn:Chairman awarded or perform work as a contractor, supplier, 210 N.University Drive,Suite 702, subcontractor, or consultant under a contract with any public Coral Springs,FL 33071 entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for With copy to: CATEGORY TWO($25,000) for a period of 36 months from the date of being placed on the convicted vendor list.Any such Notices to the District shall be sent to the Chairman of the person or affiliate convicted of a public entity crime shall District at his/her local address (currently Edwin Hubbard, provide written notice of such conviction to the District within 10263 Gator Bay Ct., Naples, FL 34120, 30 days after the date of such conviction. Service Company ehubbard@heritagebaycdd.com),or at such other address as the warrants that it follows these terms as well as any subcontractor CDD shall specify hereinafter in written notice to the Service hired to perform under this Agreement. Company. 10.14. All notices will be in writing and shall he deemed given With a copy to: when mailed by first class mail, delivered in person, commercial courier(such as FedEx or UPS, or email. Notices Gregory L. Urbancic required to be given to the parties by each other will be Coleman, Yovanovich & Koester, P.A. addressed to: The Northern Trust Building 4001 Tamiami Trail North, Suite 300 To Service Company: Naples, Florida 34103 Email: gurbancic@cyklawfirm.com Inframark,LLC 2002 West Grand Parkway North,Suite 100 10.15. All records compiled by Service Company with Katy,Texas 77449 information and material gathered when performing this ATTN:Chris Tarase,Vice President Agreement are the property of District. Email:chris.tarase@ inframark.com 10.16. This Agreement may be executed in more than one With a copy to: counterpart, each of which shall be deemed an original. Inframark,LLC 220 Gibraltar Road,Suite 200 Horsham,PA 19044 IN WITNESS WHEREOF,the parties have duly executed this Agreement effective as of the date at the top of this Agreement. INFRAMARK,LLC HERITAGE BAY COMMUNITY DEVELOP STRICT r—DocuSigned by: aUfiS Dana- By:Chris Tarase `-41808812D02B415... By: Edwin Hubbard Title:Vice President 11/13/2020 Title:Chairman Date: Date: ll/ 5/'24 2-0 Page 7 Schedule A Scope of Services The Service Company shall provide the following services to,for,and on behalf of the District:If additional or expanded services are requested beyond the levels currently being provided as identified in this Agreement, the Service Company may bring the matter to the attention of the District. The District and Service Company shall then work together to develop a scope of services for the new and/or expanded services including the project description, anticipated timing and project deliverables, with an hourly rate of$100.00 an hour for these service. The Service Company will not be responsible for any such additional or expanded services until approved by the District and memorialized in amendment to this Agreement. A- FINANCIAL ACCOUNTING SERVICES 1- Prepare the District's budget at the District's direction. 2- Implement the District's budget directives. 3- Preparation of monthly financial reports for the regular District meetings and providing a revenue and expense statement to the Board for those months the Board does not meet. 4- Submit preliminary budget to the District as required under applicable law or District policy. 5- Modify preliminary budget for consideration by the District prior to the District's advertised Public Hearing. 6- Coordinate budget preparation with District's Board, Engineer, and Attorney. 7- Prepare budget resolution approving the District's budget and authorization to set public hearing. 8- Prepare budget and assessment resolutions as required by applicable law. 9- Prepare annual financial report for units of local government. 10- Preparation of Public Depositor's Report and distribution to State Treasurer. 11- Provide all required annual disclosure information to the local government in the County in which the District resides 12- Coordinate and distribute Annual Public Facilities Report and distribute to appropriate agencies. 13- Preparation of all required schedules for year-end audit. 14- Oversee capital and general fund accounts. 15- Prepare required investment policies and procedures at the District's direction. 16- Administer purchase order system,periodic payment of invoices. Page 8 17- Coordinate tax collection and miscellaneous receivables. 18- Establish Government Fund Accounting System in accordance with the Uniform Accounting System prescribed by Department of Banking and Finance for Government Accounting, Generally Accepted Accounting Principles (GAAP) and Government Accounting Standards Board(GASB). 19- Prepare and coordinate applications for federal ID numbers and tax exemption certificates. B- MANAGEMENT AND RECORDING SERVICES 1- Attend up to seven meetings of the Board and provide meaningful dialogue and relevant materials relating to the agenda items and issues before the Board for action. 2- Record all meetings of the District. 3- Organize, conduct, and provide minutes for all meetings of the District. This includes,but is not limited to, scheduling meetings, providing agenda packages and meeting materials in the form requested by the Board, and publishing Board meeting,public hearing notices, and landowner election notices as directed by the District; for avoidance of doubt, the Service Company does not provide any legal advice and does not make any recommendations as to how to apply with applicable laws. 4- Consult with the Board and its designated representatives, and when necessary, organize such meetings, discussions, project site visits, workshops, and hearings as may pertain to the administration and accomplishment of the various projects and services provided by the District. 5- Identify significant policies, including analysis of policy implementation with administrative and financial impact statement and effect on the District. 6- Provide Oath of Office and Notary Public for all newly elected members of the Board. 7- Prepare agenda for budget hearings. 8- Preparation of all the Board agendas and coordination of receipt of enough appropriate materials for the Board to make informed policy decisions. 9- Prepare and advertise all notices of meetings as required. 10- Maintain the District's seal. 11- Act as the primary point of contact for District-related matters 12- Ensure all required procedures directly related to the Service Company's Services for the District are properly followed and executed, including provision of required compliance and disclosure information to local governments; Service Company shall work with the District as need be to ensure all required procedures are properly followed and executed. Page 9 13- Solicit bids for the District's contract services for the District's approval and serve as a liaison between the District and contractors to observe the monthly performance of the work of companies supplying the services related to the operation and maintenance of the District's public infrastructure; provided however that the Services Company shall not be responsible for oversight on any professional services or services that require professional certifications or licenses. 14- Make recommendations and assist in matters relating to solicitation, approval, rejection, amendment, renewal, and cancellation of contracts for services to the District. In advance of expiration of contracts, the Service Company shall advise the District as to need for renewal or additional procurement activities and implement same. The Service Company shall work with the District's attorney and engineer in fulfilling these requirements. The Service Company's project management (the onsite management of specific large maintenance and/or capital projects) may require an additional project management fee. The Board must approve any project management projects to be undertaken by the Service Company prior to the work beginning. The Service Company will present any and all such projects to the Board for their approval(prior to the commencement of any such work)and provide an estimated number of anticipated hours the project will involve. The Service Company will keep the Board informed of the progress on any such projects and will provide monthly updates at each Board meeting and/or by email absent specific meetings. If the number of hours required to complete any such projects is to exceed the estimated number of hours approved by the Board, the Service Company will present this information,with an updated estimated on the number of project hours required at the next available Board meeting for approval by the Board.All hourly project management billings will be billed on a monthly basis as part of the monthly Service Company invoice. 15- Coordinate and provide contract administration for any services provided to the District by outside vendors. Contract administration will not require any"project management" (i.e. oversight of construction and/or engineering work that may require professional certifications or other expertise that the Service Company's personnel may not possess). 16- Preparation of Specifications and coordination for insurance and independent auditor services. 17- Provide a monthly field inspection of the community and provide the report to the Board on a monthly basis. 18- Respond to any community complaints or requests for service from residents and advise the Board of such complaints or requests and actions taken related thereto. 19- Provide documents as reasonably requested by District's website service provider. The Service Company will be responsible for providing all required documents to the District's website provider(for posting on the website)and the website provider will be responsible for ensuring that all posted documents meet all Federal ADA compliance requirements for posting of documents on a District website. C- SPECIAL ASSESSMENT SERVICES Page 10 1- Prepare assessment resolution levying the assessments on the property in the District and prepare assessment rolls. 2- Prepare and maintain a property database by using information obtained by local Property Appraiser's secured roll. 3- Review and compare information received from the Property Appraiser to prior years' rolls, to ensure that the District rolls comply with the law and that the Service Company has obtained all the pertinent information to prepare accurate assessments. 4- Periodically update the database for all activity such as transfer of title,payment of annual assessment,prepayment of principal. 5- Act as the primary contact to answer property owner questions regarding special assessments,tax bills,etc. and provide pay off information upon request to property owner. 6- Upon adoption of the budget and assessments, coordinate with the office of the Property Appraiser and Tax Collector to ensure correct application of assessments and receipt of District funds. 7- Act as primary contact to answer property owners' questions regarding the Capital Assessment. D- FIELD MANAGEMENT SERVICES 1. Service Company shall provide the following field management services with a professional assigned with exceptional communication skills and job knowledge to manage and maintain all District owned assets.The services will include monthly inspections and be on site to monitor contractor performance which includes but is not limited to: storm water systems, ponds, wetlands, preserves, and similar District assets. The services provided under this Section D will not be of a professional nature and will not require any professional licenses or certifications. 2. In addition,Service Company's responsibilities will include identification of any problems or concerns that will need to be addressed if within the budget or be presented to the District if it isn't a budgeted item;the services provided hereunder will not be of a professional nature and will not require any professional licenses or certifications. 3. Included in the scope of additional management services being proposed will be the following: a. On-site services to ensure all responsibilities are being addressed in a timely manner and reported monthly to the District b. Monthly inspections with results included in the monthly report submitted to the District; c. Attend any meetings up to seven (7) meetings in a fiscal year, which includes Board meetings,; any additional meeting will be billed in accordance with the rates set forth in Schedule B; d. Oversee/coordinate any complaint response to concerns from residents or community leaders; Page 11 e. Check for invasive plants along lake banks and other designated areas; f. Visually inspect ponds on a monthly basis; g. Visually inspect storm water drainage structures; such inspections will be not be of a professional nature and will not require any professional licenses or certifications; h. Perform contract management/monitoring for contractors conducting work for the District; i. Assist in the preparation of bid packages for required work in the District; j. Follow up on District identified concerns such as wildlife issues and exotic plant intrusion; provided that the services provided hereunder will not require be of a professional nature and will not require any professional licenses or certifications; k. Customer relations, working with staff will respond to any community complaints or requests for service from residents and Supervisors; I. On-site inspections and vendor meetings as needed; m. Preconstruction meetings with contractors when required; n. After monthly inspections a report is given to the Board , and issues identified will be addressed immediately; o. All bid invitations will be sent out by the Service Company to pre-qualified contractors, and quotes will be compared, reviewed and awarded by the Board; p. Other needs not specifically mentioned in field services will be addressed as identified; q. Service Company to coordinate and attend quarterly onsite meeting with the District's lakes management contractor and the Chairman,or his designee,to assess adherence to the lake management contract and identify any recurring or new issues. Page 12 Schedule B Rate Schedule I. TOTAL ANNUAL BASE FEE District Management Fee $47,658 Dissemination Agent Fee $ 1,500 Special Assessment Services $ 6,798 Website Services $ 1,133 Field Management Services $13,215 Total Annual Base Fee (2020-2021 FISCAL YEAR) $ 70,304 II. MISCELLANEOUS SCHEDULE OF CHARGES Special Meetings-Beyond seven(7)annual meetings as defined in $750 dollars for additional Schedule A to this Agreement meetings beyond the 7 meetings. Special projects such as project management services,court appearances, Project and fee as approved special projects,expanded services and other similar projects and service pursuant to Section 4.3 requirements. Mail Distribution General Distribution-Includes label,folding, insertion of up to two $0.35 per piece items and delivery to the post office General Distribution-Additional inserts over two $0.03 per additional page Labels $0.07 each Certified Mail Current rate charged by postmaster plus handling charge of$5.00 Postage Current rate charged by postmaster(no add on) Copies Black and white,single sided $0.18 per copy,up to 100 copies $0.10 per copy thereafter Color(single sided} $0.50 per copy Black and white,duplex(two-sided) $0.21 per duplex copy Special Services-incudes court appearances,performance of tasks other Project and fee as approved than contract schedule(s),requested attendance for special committee pursuant to Section 4.3 functions and research for special projects File Storage-Records preceding those included in base fee(current $15.00 per box per month year records plus two years previous)(Any boxes may be transferred to the District upon the request of the District) Notary service Included Page 13 Estoppel letters for Sellers of Property-the Service Company will charge Included the seller directly at market rates Website services for compliance with Florida Statutes Chapter 189 are Chapter 189 Included included,but not ADA compliance services. ADA compliance services can be provided at an additional cost. For the initial filing of any FEMA application to initiate a claim,there $750.00 for the development will be a fee of$750.00 for the development and filing of any such and filing of an initial FEMA application. Subsequent to the initial filing,there will be a fee of application and$150.00 per hour $150.00 per hour for all work required once the FEMA application has for all FEMA related work been filed;this includes,but is not limited to, all follow-up activities thereafter. associated with completion of the FEMA process,regardless of how much funding is received by the District or when such funding is received. Page 14 Agenda Page#84 INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 12/8/20 — Field Management Report ,-,..t ,,., ,:\ ,•,:s;*„....i.,,,_,..,..,.., ,,,,. it. , 7'414.k.i . -:-,,,-`'. , ''•'.4'-/'''..-; :'44*<.• , saoI 4 r b n r l • , ,,,7:,,,i,;P' • jy T} ' ,� X L F y r w �\'. a�4 "�•K �� 1• 4 i ;e tia .r \ '1 .1.�, .� �� •rr '^ -' -cr •� .V._ f '.t. -- , T HERITAGE BAY _ �" ;+' f x "° GOLF& COUN`TRY CLUB �� f r : C l'itiL •Jo .. r ... www.inframarkims.com Agenda Page#85 1. Lake Management The lake levels remain elevated. Lakes were relatively clean with the high water, however, Illinois pondweed growth appears to be on the rise. The western buoy remains tilted and should be up righted. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. ). � f a. Algae on Lakes: 1. b. Littorals: i. Healthy littorals were observed on many of the lakes. Many of the plants appear to be doing well in spite of the high water levels,although some are showing signs of impact such as various areas of spike rush. Lake 18 shown. ii. Alligator Flag in Lakes: No issues observed. C. Rocks: No issues observed. d. Weeds: i. Alligator Weed in Lakes: No issues observed. ii. Bitter Melon/Balsam Apple: No issues observed. iii. Brazilian Pepper: No issues observed. iv. Cattails in Lakes: No issues observed. v. Climbing Hemp Vine in Lakes: No issues observed. vi. Dollar Weed in Lakes: No issues observed. vii. Hydrilla in Lakes. 28&29. Inframark Monthly Management Report 1 Agenda Page#86 viii. Illinois Pond Weed in Lakes: 1, 3,4, 5, 18, 22, 30A&30B. Medium density in lakes 30A& 30B. Lakes 12, 19, 30A& 30B shown. Cutting and additional treatment for lake 30B was requested, but due to weather the vendor's attempts to cut was hindered until later in the month. ix. Palms on Lake Banks: 3(SE corner), 5(multiples W bank), & 18(E bank). It appears as the Club may be trimming the palms on the lake banks as needed and if the Club assumes maintenance of the palms, the Board may wish to allow additional palms to grow. N • <A • CM a �y x. Red Ludwigia in Lakes: No issues observed. xi. Sedges in Lakes: No issues observed. xii. Spatterdock/Lily Pads in Lakes 3, &4. Lake 3 plants have been burnt again, but the growth appears to be spreading in the lake. .. ` • ' z f• xiii. Torpedo Grass in Lakes: No issues observed. xiv. Various Lake Bank Weeds: No issues observed. Inframark Monthly Management Report 2 Agenda Page#87 xv. Various Submerged weeds in Lakes: No issues observed. xvi. Trash in Lakes: 5. ter- . C, ti � .Nk•, k w. y^K P e. Bulkheads No issues observed. f. Clippings in Lakes: No issues observed. 2. Lake Bank Erosion a. Lake 1:Two areas on the north bank where drains are located are recommended to be included in the Spring erosion restoration project. Drains should likely be enlarged or curbing increased.The broken cart path can be repaired at the same time. T1111°TIP `ram*"n 'MR4.wrt7 , sit • b. Lake 5: An area on the west bank just north of the#16 green has washed out numerous times and large depression is now visible currently in the grass as the area appears to have been filled previously with plugs.This area is recommended to be included in the Spring erosion restoration project and proper drainage installed and the lake bank compacted with base rock. Inframark Monthly Management Report 3 Agenda Page#88 Ii 141. 16, ^t. C. Lake 1. ' The Board may wish to address the southwest corner of lake 18 during the Spring erosion restoration project, but further research regarding irrigation drainage may be needed before this issue it taken on by the District as it may be a Club issue. 3. Storm Drainage System a. Boundary Berm:The Quarry preserve was flooded, but not flowing into the stormwater system through control structure W2L30. b. Control Structures: n 1• Control Structure L3/L10 was flowing.Control Structure L5/L6 was flowing. • ►►J „,,. ►ri►r�►rs�''r�►rwrierip till Alp rrrw kwipaitivedwititer il► 1►t r ii. Basin 2 Control Structure L6/L20 was flowing.Control Structure L12/L20 was flowing. iii. Basin 3: Control Structure L25L30 was flowing. iv. Basin 4 &5: Control Structure L28/L30 was flowing.Structure L29/L30 was flowing. v. Basin 6: Control Structure W2L30 was not flowing. Control Structure L27/L30 was flowing. Control Structure L30/C00O3 was flowing. Control Structure L30/C00O2 was flowing. C. Drains: 1. Noted previously under lake bank erosion. d. Roadway Catch Basins: No issues observed. e. Catch Basins: No new issues observed. f. Inter-Connect/Drain Pipes: No issues observed. g. Illicit Discharges: No issues observed. 4. Lake Drainage Pipes: No issues observed. Inframark Monthly Management Report 4 Agenda Page#89 5. Parcels No issues observed. 6. Fish/Wildlife Observations: n Bass ® Bream n Catfish n Gambusia n Egrets ® Herons n Coots n Gallinules ®Anhinga n Cormorant ❑ Osprey ® Ibis n Wood stork ❑ Otter Fl Alligators n Snakes n Turtles n Other: r ,T 1.4/*ik i 7. Residential Complaints/Concerns: No issues reported. 8. Non-CDD Issues: a. The erosion issue on the SE corner of lake 22/hole 20 is believed to be caused by an irrigation issue. The spray head is fixed right in the bush and the spray appears to be hindered with all of the water being directed downward resulting in erosion around the plants and on the lake bank. A suggested fix may be to trim the bushes lower or raise/lower the spray head. IC"Or.$ r , • .. - 4-1-r' r Ya. 1r a. r Alt Inframark Monthly Management Report 5 Agenda Page#91 6 INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 12/29/20 — Field Management Report a : tx .gs f •uy• Rc ...... 0 ........;;;,-4.41"n;"!„.;,,44."..3. , 7,i;, ir %•i't . 'r � ` iti `y K, '4F �p • �7 �4` Siut "° e r l�sy 1 + • f c 4 y . I ., j x f ... ,• • • • i5+tr .010 w f 15-Y w �4 Nr't ,`� 4 ` ! i�.,. &1 r h,, tray �` , Y •.1 + a V 'i • r. f. • r HERITAGE BAY .,ti- %+In. f�. �' GOLF & COUNTRY CLUB �3 ' •� _ ,'=—.'' ±•_ •t' .. ,. .4vrc,',anon.!�•.s•...: ..........a._.... ' �.. i www.inframarkims.com Agenda Page#92 1, Lake Management The lake levels have remained elevated. Water clarity is very good in the lakes. Minimal issues with nuisance plants visible on the surface. Illinois Pondweed is healthy and growing in a number of the lakes, but not yet topping out. Heavy treatment will likely be necessary once lake levels diminish. Some floating debris found in various lakes due to the higher water elevation. The western boundary buoy has not been moved or up righted. The vendor stated the buoy is defective and will need to be replaced. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. • , ► wwp a. Algae on Lakes: 15 & 19. b. Littonlc I. New spike rush growth noted among the rocks of lake 22 after last Spring's lake bank restoration project. 0 Inframark Monthly Management Report 1 Agenda Page#93 The northern littoral shelf on lake 30B continues to look better, however,there is still a small area of tall grass that should be sprayed out.The southern littoral shelf remains flooded, but still needs heavy treatment to rid the area of the tall grass. socomosimosimmelossolialleolloommaill ". P ► - - -t 4 iii. Alligator Flag in Lakes: No issues observed. C. Rocks: 20.All rock areas for the roadway drainage pipes leading to the lake on the east bank need to be treated. n .3 d. Weeds: I. Alligator Weed in Lakes: No issues observed. ii. Bitter Melon/Balsam Apple: No issues observed. iii. Brazilian Pepper, No issues observed. iv. Cattails in Laker: 13. .1, v. Climbing Hemp Vine in Lakes: 7. Inframark Monthly Management Report 2 Agenda Page#94 1 ;g 'u Ly s\_._ i'yOr,4tItSt''t, ‘---N-:.7-`7.1 r o r f <..1_r' , p- . i -.: mow vi. Dollar Weed in Lakes: No issues observed. vii. Hydrilla in Lakes: 28&29. High density observed in both lakes. Ifelt A viii. Illinois Pondweed in Lakes:4,5, 15, 18, 19, 20, 25, 27, 30A&30B. Medium density in lakes 30A&30B. Improvement was observed in lake 30B. Lakes 19, 25, &30A shown. Y • rz rrctn�� & r- „ 1q,: ' ,y . Inframark Monthly Management Report 3 Agenda Page#95 ix. P Ims,-)n Lake Banks: 3(SE corner), 18 (E bank), 23 (NW bank), 30B (N &S littoral shelves). The palm of lake 23 was observed to have been trimmed, and this is the second month maintenance has been observed. Merely spraying the palms will not hinder their yyy growth. They must be pulled out or topped to prevent growth. rt. 9 iLfi 6 L .rimer :,z t 77 • e 410 • -41 ' • rp. r..c X. Red Ludwigia in Lakes: 15. Observed in other lakes, but only starting to top out in lake 15. Inframark Monthly Management Report 4 Agenda Page#96 xi. Sedges in Lakes: 8&9. Lake 9 shown. xii. Spatterdock/Lily Pads in Lakes: 3,4, &27. r it xiii. Torpedo Grass in Lakes: 30B. Lake 30B issue remains as pointed out in the 10/23/20 report. Inframark Monthly Management Report 5 Agenda Page#97 kb '4 ' ': 7 k ! 1 b xiv. Various Lake Bank Weeds: No issues observed. xv. Various Submerged weeds in Lakes: No issues observed. xvi. Trash in Lakes: 25, 28,29,30A(palms fronds are required to be removed), &30B. • ; it '1 � i Y , mac.,_-n: �._ }. ' x ;' "wi`""` "' .n ti 4. • ", . t /4/4 i e. Bulkheads No issues observed. Inframark Monthly Management Report 6 Agenda Page#98 f. Clippings in Lakes: No issues observed. 2. Lake Bank Erosion A hole was observed in the cove on lake 30A adjacent to the roundabout on Heritage Bay Boulevard likely caused by an irrigation issue. There is another depression in the grass just SW of the visible hold that may be revealing another issue that needs to be checked. 4 ik, 1 , t � ..f y• t � N. q i to t fI. v, ,. 4 /� r}N/~ y ,(mo 3. Storm Drainage System a. Boundary Berm: No new issues observed. b. Control Structures: i. Basin 1: Control Structure L3/L10 was flowing. Control Structure L5/L6 was flowing. 1§4 111 I ►► ►�i�lf lk, , ` �1' M.EQ :.G1114W A&VtP' V .."tea Si Ili 40/41.14111 0 1)•11V*A. 4 .."s ,4 do 4,1,0%) iikliraillirdairAillripi)* git11117:4*1*:,:4- 7.'..'f,,4.7t.411..trAN,11 illiagriZer-wIrr-Itr-AgA, Att A% Al l'IlTiv,filt:t) .-.' TA" rirgrActilrigWAZZX:igi '! .. ' Z� arse: • .-;�ra�c: f \,......:‘,10,A1,,,,AIN. -- .,.. ---`"0",...4 ;— -ter„_ 1 rii:it\ 'Asir) Control Structure L6/L20 was flowing. Control Structure L12/L20 was flowing. 4a• ar %71 ait '-..♦ ".�. VP kilt01'Z.tiii:or 4 y .- ,,► "�► 4 ♦ a ,�• ► 4r 41.11, ♦' e♦ .\ 4. tea. < ♦ • .fib' 1► . ♦l ♦ �► .A j��"i�'' es� .tip♦.a. ► ��, 4 . 'IC:. ! . . 4 1 4110" •►p 4 vie®$ ' • :,'•6� '` ►,fig*-y -4.� vri,I. �': ' Inframark Monthly Management Report 7 Agenda Page#99 Control Structure L25L30 was flowing. 'nor %►�ii,,or". V11i ii►'��i�►. ��' 6-4 �0 010.44"416,111*- 01 Control Structure L28/L30 was flowing.Structure L29/L30 was flowing. I e fot.,s14 ‘i . , ' Iliatilj Vk :• .. % V. Basin 6 Control Structure W2L30 was not flowing. Control Structure L27/L30 was flowing. Control Structure L30/C00O3 was flowing. Control Structure L30/C00O2 was flowing. .,. .ems/ X . ♦ ♦xi . ♦, .'.'4i,.',a ,♦i,ie,nkv P,fi'r,*r�OA . 460019,4 fretrAft4.411V4 A' 010111.111101111110101101111111 a.01011111111111"""" 'fir 611.111.11111111111.1. �,r, �'�mop- lk -sumilsoesilliii ! _. ...._.� • -, !~`':q,_ C. DialtnS. No new issues observed. Inframark Monthly Management Report 8 Agenda Page#100 d. Roadway Catch Basins, No issues observed. Water was elevated in all basins checked as expected due to the high lake levels. e. Catch Basins= A reminder about keeping drains clear of grass may need to be sent out.The picture below was taken south of lake 17 behind the homes along Lions Bay Court. • r � "�` 01, f. Inter-Connect/Drain Pipes No issues observed. Most if not all pipes were underwater. g. Illicit Discharges: Fertilizer was observed on the cart path adjacent to lake 5 heading towards Cypress#17 green.The Club was contracted about this issue while on site to prevent runoff into the stormwater system. h. Lake Drainage Pipes 9. Broken and floating pipe observed. Inframark Monthly Management Report 9 Agenda Page#101 4. Parcels One car stop may need to be replaced in the future.The rebar is exposed, but no trip or puncture hazard is apparent at this time. 5. Fish/Wildlife Observations: n Bass N Bream n Catfish ❑ Gambusia N Egrets ® Herons n Coots n Gallinules NAnhinga [1 Cormorant Osprey N Ibis n Wood stork Ej Otter N Alligators n Snakes Turtles M Other: Deer 4 t• 6. Residential Complaints/Concerns: No issues reported. Inframark Monthly Management Report 10 Agenda Page#102 7. Non-CDD Issues: a. The irrigation issues between lakes 28 & 30A have been fixed. The issue on the northeast corner of lake 30A has also been resolved. vwpy ` '-_ • A(.1:41- ar b.n s T w . a b. Buttonwood technician observed spraying on the lake banks during the inspection. No issues observed,just informative for any future follow-up on lake bank maintenance. ui Inframark Monthly Management Report 11 U.S.DepartmenAgEitliadtrigsdts(Writ.t 500 C Street,SW Washington,DC 20472 pf.Pj.RAF November 30, 2020 ti J �t FEMA Jared Moskowitz Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re: Second Appeal—Heritage Bay Community Development District, PA ID: 021-UAQL3- 00, FEMA-4337-DR-FL, Project Worksheet 3780—Public Interest Dear Mr. Moskowitz: This is in response to a letter from your office dated September 8, 2020,which transmitted the referenced second appeal on behalf of Heritage Bay Community Development District, Inc. (Applicant). The Applicant is appealing the U.S. Department of Homeland Security's Federal Emergency Management Agency's (FEMA) denial of Public Assistance funding for repairs to the Applicant's stormwater retention ponds. As explained in the enclosed analysis, I have determined that the Applicant has not established that the stormwater retention ponds are open to and provide a service to the general public. Therefore, this appeal is denied. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206,Appeals. Sincerely, Tod Wells Deputy Director, Policy and Strategy Public Assistance Division cc: Gracia B. Szczech Acting Regional Administrator FEMA Region IV Agenda Page#105 SECOND APPEAL ANALYSIS Heritage Bay Community Development District, PA ID 021-UAQL3-00 FEMA-4337-DR-FL,Project Worksheet 3780 Public Interest Background From September 4 to October 18, 2017, strong winds,heavy rains, and storm surge from Hurricane Irma caused damage throughout Florida. Heritage Bay Community Development District (Applicant) is a planned unit development or a community development district(CDD) in Collier County, Florida,that was established for the purpose of constructing, owning, and maintaining property or facilities.' Lakes 30A and 30B are two stormwater retention ponds (Ponds) that were constructed as part of the Applicant's stormwater management system and water control facilities 2 and permitted through the South Florida Water Management District (SFWMD).3 Hurricane Irma caused flooding and shoreline erosion that caused rip rap to wash away into the Ponds and damaged underlying geo-technical fabric. The Applicant requested Public Assistance (PA)through the Florida Division of Emergency Management(Grantee) for the cost of repairs, which consisted of the replacement of rip rap and the damaged geo-technical fabric. FEMA created Grants Manager Project 25524 and Project Worksheet(PW) 3780 to capture the requested repairs. On June 11, 2019, FEMA issued a Determination Memorandum, finding the Ponds were not open to or did not provide a service to the general public and,pursuant to FEMA policy,4 were not eligible. First Appeal On August 9, 2019, the Applicant appealed, asserting that the Ponds were both open to the general public, to the extent that access was available if desired or required, and the Ponds provided a service to the general public by providing stormwater management and flood control as part of a larger, regional stormwater management system. The Applicant requested that FEMA overturn the original determination and reimburse the Applicant for total costs of $1,670.069.05. The Grantee supported the appeal in a September 25, 2019 letter. In a letter dated May 26, 2020,the FEMA Region IV Regional Administrator denied the first appeal. FEMA determined that the Applicant had not provided documentation to support its assertions that the Ponds were eligible for assistance because they were either open to the general public or provided a service to the general public. Specifically, FEMA explained that access to Heritage Bay is through a gated guard house, and the gate system is enforced to provide access to Community members,not the general public. In addition, although the Ponds may have an indirect impact on a larger, regional stormwater system, they did not provide a service to the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Heritage Bay Golf& Country Club,at 2(May 10,2019). 2 Second Appeal letter from Applicant's legal rep.to Director,Florida Div.of Emergency Mgmt.,at Exhibit A, Surface Water Management Plan(July 24,2020). 3 First Appeal letter from Applicant's legal rep.to Director,Florida Div.of Emergency Mgmt.,at Exhibits I-N(Aug. 9,2019). a Public Assistance Program and Policy Guide, (PAPPG),FP-104-009-2,at 15(Apr.2018)[hereinafter PAPPG]. Second Appeal Analysis,FEMA-4337-DR-FL,PA ID 021-UAQL3-00 Page 1 of 3 Heritage Bay Community Development District,PW 3780 Agenda Page#106 general public. The Pond's connection to the larger stormwater management system was mandated by the initial development of the property, that otherwise would not have been necessary. FEMA found that a tenuous relationship between a facility and other emergency or critical facilities is not sufficient to find that facility eligible.5 Second Appeal The Applicant submitted a second appeal on July 24, 2020, asserting that FEMA exceeded its discretion in requiring that CDD facilities must be open to the general public or provide a public service for them to be eligible for assistance but, nevertheless, the Ponds provides a service to the general public. The Applicant explains that Heritage Bay is located within a rapidly growing area and asserts the Ponds are one of the most substantial stormwater control facilities in the area. The Applicant states that the Ponds perform a variety of public services such as processing, cleaning, and conveying stormwater from publicly owned wetlands and providing flood control. Further, the Applicant is a Development of Regional Impact, which means it has a substantial effect on the health, safety, or welfare of citizens of more than one county. The Grantee supported the appeal in a September 9, 2020 letter, adding that stormwater management is critical for Florida as groundwater supplies 90 percent of the State's drinking water, which is replenished by rain. Discussion Accessible to the General Public FEMA may provide PA funding to a local government for the repair of a public facility damaged by a major disaster.6 Local government includes special districts,such as a CDD.8 Eligible public facilities include any flood control, irrigation, reclamation, sewage treatment and collection,water supply and distribution, or watershed development.9 However,when a facility maintained by a CDD is not open to the general public and does not serve the general public,the facility is ineligible for assistance.10 Regarding the provision that a facility maintained by a CDD must be open to the general public, FEMA originally determined that the Ponds were located within a gated community with controlled access, so they were not open to the general public and therefore ineligible." The Applicant appealed, stating that the Ponds were open to the general public if access was desired 5 See FEMA Second Appeal Analysis,Hammock Dunes Owners'Association, Inc., FEMA-4283-DR-FL,at 6(May 15,2018)[hereinafter Hammock Dunes]. 6 Robert T. Stafford Disaster Relief and Emergency Assistance(Stafford)Act§406(a)(1)(A),42 U.S.C.5172 (a)(1)(A)(Supp.I 2013). 7 Stafford Act§ 102(8);PAPPG,at 161 (Apr. 1,2018). 8 PAPPG,at 10. 9 Stafford Act§ 102(10);Title 44,Code of Federal Regulations§206.221(h)(2016);PAPPG,at 15. 1°PAPPG,at 10 and 15(stating that to be eligible,a CDD must be legally responsible for ownership,maintenance, and operation of an eligible facility that is accessible to the general public). FEMA Eligibility Determination Memorandum,Heritage Bay Community Development District,FEMA-4337- DR-FL,at 3 (June 11,2019). Second Appeal Analysis,FEMA-4337-DR-FL,PA ID 021-UAQL3-00 Page 2 of 3 Heritage Bay Community Development District,PW 3780 Agenda Page#107 or required.12 However, access to Heritage Bay is through a gated guard house, and the gate system is enforced to provide access to Community members, not the general public.13 Therefore, the Ponds are not open to the general public. Under FEMA policy, when a facility maintained by a CDD is not open to the general public and does not serve the general public,14 the facility is ineligible for assistance. In this case,the Ponds do not satisfy the criterion of being open to the general public. Additionally,the Applicant asserts that the Ponds provide a variety of services to the general public because they accept and manage stormwater from adjacent properties,not just Heritage Bay, and are one of the most substantial stormwater control facilities in the area. The documentation shows the Ponds were required to be designed and connected to the SFWMD as a condition for approval of construction permits during the original development of Heritage Bay. The Applicant has not provided documentation to show the Ponds are flood control, irrigation, reclamation, sewage treatment and collection,water supply and distribution, or watershed development that provide a service to the general public. Rather, the Ponds only indirectly or tenuously impact the regional stormwater management and groundwater systems and instead manage stormwater as a service specific to the Heritage Bay Community. FEMA previously determined in FEMA Second Appeal Decision,Duxbury Beach, that while a facility may have an indirect impact on other critical facilities, that facility is not necessarily eligible for assistance.l5 A tenuous relationship between a facility and other emergency or critical facilities is not enough to find that facility eligible.16 Under FEMA policy, when a facility maintained by a CDD is not open to the general public and does not serve the general public,17 the facility is ineligible for assistance. In this case, the Ponds do not satisfy the criterion of serving the general public and are therefore ineligible. Conclusion The Applicant has not demonstrated that the Ponds provide a service to and are open to the general public, so they are therefore ineligible for assistance. As a result, this appeal is denied. 12 Letter from legal rep.,Heritage Bay Community Development District,to Director,Florida Div.of Emergency Mgmt.,at 5(Aug.9,2019). 13 FEMA First Appeal Analysis,Heritage Bay Community Development District,FEMA-4337-DR-FL,at 2(May 26,2020). See also FEMA Second Appeal Analyses, Village Center Community Development District,FEMA- 4337-DR-FL,at 4(Sep. 16,2020);Sumter Landing Community Development District,FEMA-4337-DR-FL,at 3 (Aug.28,2020);and Belmont Lakes Community Development District,FEMA-4337-DR-FL,at 4(June 8,2020). FEMA found that the applicants in those cases restricted access to the general public therefore their facilities were not open to the general public and ineligible for PA. 14 PAPPG,at 10 and 15. 15 Hammock Dunes,at 6. See also FEMA Second Appeal Analysis,Duxbury Beach Reservation, Inc.,FEMA-4110- DR-MA(May 15,2017). 16 Id. 17 PAPPG,at 10 and 15. Second Appeal Analysis,FEMA-4337-DR-FL,PA ID 021-UAQL3-00 Page 3 of 3 Heritage Bay Community Development District,PW 3780