12/12/2022 AgendaInframark Meeting Location
210 North University Drive, Suite 702 Quarry Golf Club
Coral Springs, Florida 33071 8950 Weathered Stone Drive
(954) 603-0033 Naples, Florida 34120
(239) 304-0561
Quarry Community Development District
Board of Supervisors District Staff
Timothy B. Cantwell, Chairman Justin Faircloth, District Manager
Dean Britt, Vice Chairman Wes Haber, District Counsel
William Patrick, Assistant Secretary Albert Lopez, District Engineer
Mel Stuckey, Assistant Secretary
Rick Fingeret, Assistant Secretary
Meeting Agenda
Monday December 12, 2022 at 1:00 p.m.
Quarry Golf Club
8950 Weathered Stone Drive, Naples, FL 34120
1. Call to Order
2. Pledge of Allegiance
3. Approval of Agenda
4. Public Comments on Agenda Items
5. Organizational Matters
A. Declaration of Vacant Seats 2 and 4
B. Appointment of Supervisors to Vacant Seats 2 and 4
C. Oaths of Office for Appointed Supervisors
D. Resolution 2023-01, Appointment of Officers
6. Engineer’s Report
A. Fieldstone Lane Update
B. Glase Golf Phase II B Construction Schedule
7. New Business
8. Old Business
9. District Manager’s Report
A. Approval of the November 14, 2022 Minutes
B. Acceptance of the Financial Report, and Approval of the Check Register and Invoices as of
November 2022
C. November 2022 Field Management Report
D. Follow-up Items
i. 8851 Nautical Landing Circle Discussion
ii. FY2023 Quarry CDD Calendar of Events
iii. CES Preserve Report
a. Preserve Three Carolina Willow Discussion
10. Attorney’s Report
A. Draft Agreement with QCA
B. Draft License Agreement
C. Draft Drainage Rules
D. Title Search Update
Agenda Page 2
Quarry CDD
December 12, 2022 Meeting Agenda
Page 2
Meeting Location:
The Quarry Golf Club
8950 Weathered Stone Drive
Naples, FL 34120
11. Supervisor Requests
12. Audience Comments
13. Adjournment
Next meeting: Monday January 9, 2023 at 1:00 p.m.
Agenda Page 3
RESOLUTION 2023-01
A RESOLUTION OF QUARRY COMMUNITY
DEVELOPMENT DISTRICT APPOINTING OFFICERS OF
THE BOARD OF SUPERVISORS
WHEREAS, the Board of Supervisors of Quarry Community Development District at a
regular business meeting, held on December 12, 2022, following the General Election, desires to
appoint the below recited persons to the offices specified.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF SUPERVISORS OF QUARRY COMMUNITY
DEVELOPMENT DISTRICT:
1. The following persons were appointed to the offices shown, to wit:
Chairman
Vice Chairman
Justin Faircloth Secretary
Stephen Bloom Treasurer
Assistant Treasurer
Assistant Secretary
Assistant Secretary
Assistant Secretary
PASSED AND ADOPTED THIS, 12th DAY OF DECEMBER, 2022.
_____________________________________
Chairman
_____________________________________
Justin Faircloth
Secretary
Agenda Page 6
Quarry
Community Development District
Financial Report
November 30, 2022
Agenda Page 16
QUARRY
Community Development District
FINANCIAL STATEMENTS
Balance Sheet - All Funds ………………………………………………….Page 1
Statement of Revenues, Expenditures and Changes in Fund Balance
General Fund ………………………………………………….Pages 2 - 3
Debt Service Fund ………………………………………………….Page 4
Capital Projects Fund ………………………………………………….Page 5
Trend Report - General Fund ………………………………………………….Pages 6 - 7
Notes to the Financial Statements ………………………………………………….Page 8
SUPPORTING SCHEDULES
Special Assessments - Collection Schedule(s)………………………………………………….Page 9
Cash and Investment Report ………………………………………………….Page 10
Bank Reconciliation ………………………………………………….Page 11
Series 2020 (FEMA Project)………………………………………………….Pages 12 - 13
Payment Register by Bank Account ………………………………………………….Page 14
Table of Contents
Agenda Page 17
Quarry
Community Development District
Financial Statements
(Unaudited)
November 30, 2022
Agenda Page 18
QUARRY
Community Development District
Balance Sheet
November 30, 2022
Governmental Funds
ACCOUNT DESCRIPTION
GENERAL
FUND
204 - SERIES
2020 DEBT
SERVICE
FUND
304 -SERIES
2020 CAPITAL
PROJECTS
FUND TOTAL
ASSETS
Cash - Checking Account 814,515$ -$ -$ 814,515$
Allow -Doubtful Accounts (8)(27)-(35)
Assessments Receivable 8 27 -35
Due From Other Funds - 384,751 - 384,751
Investments:
Money Market Account 408,351 -- 408,351
Construction Fund -- 2,574,398 2,574,398
Revenue Fund - 382,130 - 382,130
TOTAL ASSETS 1,222,866$ 766,881$ 2,574,398$ 4,564,145$
LIABILITIES
Accounts Payable -$ -$ -$ -$
Accrued Expenses 16,853 -- 16,853
Due To Other Funds 384,751 -- 384,751
TOTAL LIABILITIES 401,604 -- 401,604
FUND BALANCES
Restricted for:
Debt Service - 766,881 - 766,881
Capital Projects -- 2,574,398 2,574,398
Assigned to:
Operating Reserves 180,108 -- 180,108
Reserves - Other 100,000 -- 100,000
Unassigned:541,154 -- 541,154
TOTAL FUND BALANCES 821,262$ 766,881$ 2,574,398$ 4,162,541$
TOTAL LIABILITIES & FUND BALANCES 1,222,866$ 766,881$ 2,574,398$ 4,564,145$
Page 1
Agenda Page 19
QUARRY
Community Development District General Fund
ANNUAL YTD ACTUAL
ADOPTED YEAR TO DATE AS A % OF NOV-22
ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD ACTUAL
REVENUES
Interest - Investments 200$ 1,427$ 713.50%707$
Golf Course Revenue 114,918 28,730 25.00%-
Special Assmnts- Tax Collector 814,044 219,373 26.95% 215,904
Special Assmnts- Discounts (32,562)(8,818) 27.08% (8,636)
TOTAL REVENUES 896,600 240,712 26.85% 207,975
EXPENDITURES
Administration
P/R-Board of Supervisors 12,000 2,000 16.67%1,000
FICA Taxes 918 153 16.67%77
ProfServ-Arbitrage Rebate 600 -0.00%-
ProfServ-Engineering 45,000 -0.00%-
ProfServ-Legal Services 21,000 -0.00%2,329
ProfServ-Legal Litigation 25,000 1,688 6.75%1,688
ProfServ-Mgmt Consulting 60,471 10,079 16.67%5,039
ProfServ-Property Appraiser 34,294 5,369 15.66%-
ProfServ-Trustee Fees 4,041 -0.00%-
Auditing Services 4,900 -0.00%-
Website Compliance 1,553 388 24.98%-
Postage and Freight 600 91 15.17%47
Insurance - General Liability 6,246 6,682 106.98%-
Printing and Binding 499 176 35.27%83
Legal Advertising 4,000 -0.00%-
Miscellaneous Services 2,000 2 0.10%-
Misc-Bank Charges 500 177 35.40%78
Misc-Special Projects 20,286 -0.00%-
Misc-Assessment Collection Cost 16,281 4,211 25.86%4,145
Misc-Contingency 1,000 -0.00%-
Office Supplies 250 -0.00%-
Annual District Filing Fee 175 175 100.00%175
Total Administration 261,614 31,191 11.92% 14,661
Field
ProfServ-Field Management 5,150 425 8.25%425
Contracts-Preserve Maintenance 103,832 25,958 25.00% 25,958
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending November 30, 2022
Page 2
Agenda Page 20
QUARRY
Community Development District General Fund
ANNUAL YTD ACTUAL
ADOPTED YEAR TO DATE AS A % OF NOV-22
ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD ACTUAL
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending November 30, 2022
Contracts - Lake Maintenance 65,004 10,834 16.67%5,417
R&M-General 70,000 1,600 2.29%1,600
R&M-Lake 154,930 -0.00%-
R&M-Weed Harvesting 75,000 -0.00%-
Miscellaneous Maintenance 6,170 -0.00%-
Water Quality Testing 29,900 3,733 12.48%-
Capital Projects 75,000 -0.00%-
Total Field 584,986 42,550 7.27% 33,400
Reserves
Reserve - Other 50,000 -0.00%-
Total Reserves 50,000 -0.00%-
TOTAL EXPENDITURES & RESERVES 896,600 73,741 8.22% 48,061
Excess (deficiency) of revenues
Over (under) expenditures -166,971 0.00% 159,914
Net change in fund balance -$ 166,971$ 0.00% 159,914$
FUND BALANCE, BEGINNING (OCT 1, 2022) 654,291 654,291
FUND BALANCE, ENDING 654,291$ 821,262$
Page 3
Agenda Page 21
QUARRY
Community Development District 204 - Series 2020 Debt Service Fund
ANNUAL YTD ACTUAL
ADOPTED YEAR TO DATE AS A % OF NOV-22
ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD ACTUAL
REVENUES
Interest - Investments -$ 5$ 0.00%2$
Special Assmnts- Tax Collector 1,472,226 396,743 26.95% 390,470
Special Assmnts- Discounts (58,889)(15,948) 27.08% (15,619)
TOTAL REVENUES 1,413,337 380,800 26.94% 374,853
EXPENDITURES
Administration
Misc-Assessment Collection Cost 29,445 7,616 25.87%7,497
Total Administration 29,445 7,616 25.87%7,497
Debt Service
Principal Debt Retirement 1,086,000 -0.00%-
Interest Expense 285,316 142,658 50.00% 142,658
Total Debt Service 1,371,316 142,658 10.40% 142,658
TOTAL EXPENDITURES 1,400,761 150,274 10.73% 150,155
Excess (deficiency) of revenues
Over (under) expenditures 12,576 230,526 n/a 224,698
OTHER FINANCING SOURCES (USES)
Contribution to (Use of) Fund Balance 12,576 -0.00%-
TOTAL FINANCING SOURCES (USES)12,576 -0.00%-
Net change in fund balance 12,576$ 230,526$ n/a 224,698$
FUND BALANCE, BEGINNING (OCT 1, 2022) 536,355 536,355
FUND BALANCE, ENDING 548,931$ 766,881$
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending November 30, 2022
Page 4
Agenda Page 22
QUARRY
Community Development District 304 -Series 2020 Capital Projects Fund
ANNUAL YTD ACTUAL
ADOPTED YEAR TO DATE AS A % OF NOV-22
ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD ACTUAL
REVENUES
Interest - Investments -$ 23$ 0.00%11$
TOTAL REVENUES -23 0.00%11
EXPENDITURES
Construction In Progress
Construction in Progress -11,887 0.00%-
Total Construction In Progress -11,887 0.00%-
TOTAL EXPENDITURES -11,887 0.00%-
Excess (deficiency) of revenues
Over (under) expenditures -(11,864)0.00%11
Net change in fund balance -$ (11,864)$ 0.00%11$
FUND BALANCE, BEGINNING (OCT 1, 2022)- 2,586,262
FUND BALANCE, ENDING -$ 2,574,398$
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending November 30, 2022
Page 5
Agenda Page 23
QUARRY
Community Development District Trend Report - General Fund
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Actual Thru Projected FY2023 Adopted % of
Account Description Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected 11/30/2022 Next 10 Mths Total Budget Budget
Revenues
Interest - Investments 719$ 707$ 17$ 17$ 17$ 17$ 17$ 16$ 16$ 16$ 16$ 17$ 1,427$ 166$ 1,593$ 200$ 797%
Golf Course Revenue 28,730 - - 28,730 - - 28,730 - - 28,730 - - 28,730 86,189 114,919 114,918 100%
Special Assmnts- Tax Collector 3,469 215,904 135,674 135,674 135,674 135,674 51,975 - - - - - 219,373 594,671 814,044 814,044 100%
Special Assmnts- Discounts (182) (8,636) (5,427) (5,427) (5,427) (5,427) (2,036) - - - - - (8,818) (23,744) (32,562) (32,562) 100%
Total Revenues 32,736 207,975 130,264 158,994 130,264 130,264 78,686 16 16 28,746 16 17 240,712 657,282 897,994 896,600 100%
Expenditures
Administrative
P/R-Board of Supervisors 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 2,000 10,000 12,000 12,000 100%
FICA Taxes 77 77 77 77 77 77 76 76 76 76 76 76 153 764 917 918 100%
ProfServ-Arbitrage Rebate - - - - - - - - - - - 600 - 600 600 600 100%
ProfServ-Engineering - - - - - - - - - - - ---- 45,000 0%
ProfServ-Legal Services (2,329) 2,329 - - - - - - - - - ---- 21,000 0%
ProfServ-Legal Litigation - 1,688 - - - - - - - - - - 1,688 - 1,688 25,000 7%
ProfServ-Mgmt Consulting 5,039 5,039 5,039 5,039 5,039 5,039 5,039 5,039 5,039 5,039 5,039 5,039 10,079 50,392 60,471 60,471 100%
ProfServ-Property Appraiser 5,369 - - - - - - - - - - 34,294 5,369 34,294 39,663 34,294 116%
ProfServ-Trustee Fees - - - - - - - - - - - 4,041 - 4,041 4,041 4,041 100%
Auditing Services - - - - - - - 4,900 - - - -- 4,900 4,900 4,900 100%
Website Compliance 388 - - 388 - - 388 - - 389 - - 388 1,165 1,553 1,553 100%
Postage and Freight 44 47 - - - - - - - - - - 91 - 91 600 15%
Insurance - General Liability 6,682 - - - - - - - - - - - 6,682 - 6,682 6,246 107%
Printing and Binding 93 83 - - - - - - - - - - 176 - 176 499 35%
Legal Advertising - - - - - - - - - - - ---- 4,000 0%
Miscellaneous Services 2 - - - - - - - - - - -2 - 2 2,000 0%
Misc-Bank Charges 100 78 - - - - - - - - - - 177 - 177 500 35%
Misc-Special Projects - - - - - - - - - - - ---- 20,286 0%
Misc-Assessment Collection Cost 66 4,145 2,713 2,713 2,714 2,714 1,216 - - - - - 4,211 12,070 16,281 16,281 100%
Misc-Contingency - - - - - - - - - - - ---- 1,000 0%
Office Supplies - - - - - - - - - - - ---- 250 0%
Annual District Filing Fee - 175 - - - - - - - - - - 175 - 175 175 100%
Total Administrative 16,531 14,661 8,829 9,217 8,830 8,830 7,719 11,015 6,115 6,504 6,115 45,050 31,191 118,226 149,417 261,614 57%
Field
ProfServ-Field Management - 425 429 429 429 429 429 429 429 429 430 430 425 4,292 4,717 5,150 92%
Contracts-Preserve Maintenance - 25,958 - 25,958 - - 25,958 - - 25,958 - - 25,958 77,874 103,832 103,832 100%
Contracts - Lake Maintenance 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 5,417 10,834 54,170 65,004 65,004 100%
TOTAL
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending November 30, 2022
Report Date: 12/1/2022 Page 6
Agenda Page 24
QUARRY
Community Development District Trend Report - General Fund
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Actual Thru Projected FY2023 Adopted % of
Account Description Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected 11/30/2022 Next 10 Mths Total Budget Budget
TOTAL
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending November 30, 2022
R&M-General - 1,600 - - - - - - - - - - 1,600 - 1,600 70,000 2%
R&M-Lake - - - - - - - - - - - ---- 154,930 0%
R&M-Weed Harvesting - - - - - - - - - - - ---- 75,000 0%
Miscellaneous Maintenance - - - - - - - - - - - ---- 6,170 0%
Water Quality Testing 3,733 - - - - - - - - - - - 3,733 - 3,733 29,900 12%
Capital Projects - - - - - - - - - - - ---- 75,000 0%
Total Field 9,150 33,400 5,846 31,804 5,846 5,846 31,804 5,846 5,846 31,804 5,847 5,847 42,550 136,336 178,886 584,986 31%
Total Expenditures 25,681 48,061 14,675 41,021 14,676 14,676 39,523 16,861 11,961 38,308 11,962 50,897 73,741 254,562 328,303 846,600 39%
Reserves
Reserve - Other - - - - - - - - - - - ---- 50,000 0%
Total Reserves - - - - - - - - - - - ---- 50,000 0%
Total Expenditures & Reserves 25,681 48,061 14,675 41,021 14,676 14,676 39,523 16,861 11,961 38,308 11,962 50,897 73,741 254,562 328,303 896,600 37%
Excess (deficiency) of revenues
Over (under) expenditures 7,055 159,914 115,589 117,972 115,588 115,588 39,162 (16,845) (11,945) (9,563) (11,946) (50,880) 166,971 402,719 569,690 - 0%
Other Financing Sources (Uses)
Contribution to (Use of) Fund Balance - - 115,589 117,972 115,588 115,588 39,162 (16,845) (11,945) (9,563) (11,946) (50,880)- 402,719 402,719 - 0%
Total Financing Sources (Uses)- - 115,589 117,972 115,588 115,588 39,162 (16,845) (11,945) (9,563) (11,946) (50,880)- 402,719 402,719 - 0%
Net change in fund balance 7,055$ 159,914$ 115,589$ 117,972$ 115,588$ 115,588$ 39,162$ (16,845)$ (11,945)$ (9,563)$ (11,946)$ (50,880)$ 166,971$ 402,719$ 569,690$ -$ 0%
Fund Balance, Beginning (Oct 1, 2022)654,291 - 654,291 654,291
Fund Balance, Ending 821,262$ 402,719$ 1,223,981$ 654,291$
Report Date: 12/1/2022 Page 7
Agenda Page 25
QUARRY
Community Development District Statement of Revenue and Expenditures - All Funds
General Fund
►
Budget target 16.67%
Variance Analysis
Account Name
Annual
Budget
YTD
Actual
% of
Budget
Expenditures
Administration
ProfServ-Property Appraiser $34,294 $5,369 16%
Website Compliance $1,553 $388 25%
Insurance - General Liability $6,246 $6,682 107%EGIS Insurance FY 2023 paid in full
Printing and Binding $499 $176 35%IMS to-date
Misc-Bank Charges $500 $177 35%Bank analysis fees to-date
Field
ProfServ-Field Management $5,150 $425 8%No IMS Oct
Contracts-Preserve Maintenance $103,832 $25,958 25% Peninsula Improvement, quarterly maintenance
Explanation
Innersync Studio, quarterly web/compliance services
Collier County PA to-date
Notes to the Financial Statements
November 30, 2022
Assets
■ Allow - Doubtful Accounts - Collier County Tax Collector FY 2020 charge backs due to NSF checks
■ Assessments Receivable - Collier County Tax Collector FY 2020 charge backs due to NSF checks
Page 8
Agenda Page 26
November 30, 2022
Quarry
Community Development District
Supporting Schedules
Agenda Page 27
QUARRY
Community Development District All Funds
Discount /Gross Series 2020
Date Net Amount (Penalties) Collection Amount General Debt Service
Received Received Amount Cost Received Fund Fund
Assessments Levied 2,286,270$ 814,044$ 1,472,226$
Allocation %100.00% 35.61% 64.39%
Real Estate - Installment
10/27/22 9,046$ 511$ 185$ 9,742$ 3,469$ 6,273$
Real Estate - Current
11/09/22 34,381 1,462 702 36,544 13,012 23,533
11/14/22 144,366 6,138 2,946 153,450 54,637 98,813
11/21/22 391,730 16,655 7,994 416,379 148,255 268,124
TOTAL 579,522$ 24,766$ 11,827$ 616,116$ 219,373$ 396,743$
% COLLECTED 26.95% 26.95% 26.95%
TOTAL OUTSTANDING 1,670,154$ 594,671$ 1,075,483$
Non-Ad Valorem Special Assessments - Collier County Tax Collector
(Monthly Collection Distributions)
For the Fiscal Year Ending September 30, 2023
ALLOCATION BY FUND
Page 9
Agenda Page 28
QUARRY
Community Development District
ACCOUNT NAME BANK NAME YIELD BALANCE
OPERATING FUND
Operating - Checking Account Hancock Whitney 0.00%814,515$
Public Funds MMA Variance Account BankUnited 2.10%408,351
Subtotal 1,222,866
Series 2020 Revenue Fund U.S. Bank 0.01%382,130
Series 2020 Construction Fund U.S. Bank 0.01%2,574,398
Subtotal 2,956,527
Total 4,179,393$
Cash & Investment Report
November 30, 2022
Page 10
Agenda Page 29
Posting
Date
Document
Type
Document
No.Description Amount
Cleared
Amount Difference
Outstanding Checks
11/22/2022 Payment 8470 DISASTER LAW & CONSULTING, LLC 1,687.50 0.00 1,687.50
11/22/2022 Payment 8471 PENINSULA IMPROVEMENT CORP.31,374.50 0.00 31,374.50
11/22/2022 Payment 8472 FEDEX 40.43 0.00 40.43
11/22/2022 Payment 8473 THE QUARRY COMMUNITY ASSOCIATION 1,600.00 0.00 1,600.00
11/30/2022 Payment 8475 CPH 8,356.50 0.00 8,356.50
Total Outstanding Checks......................................................................................................................43,058.93 43,058.93
G/L Balance 814,514.71
Bank Account No.3489
Statement No.11-22 A
Statement Date 11/30/2022
Statement Balance 857,573.64G/L Balance (LCY)814,514.71
Difference 0.00
Ending G/L Balance 814,514.71
Subtotal 814,514.71
Outstanding Deposits 0.00
Negative Adjustments 0.00
Positive Adjustments 0.00
Subtotal 857,573.64
Outstanding Checks 43,058.93
Ending Balance 814,514.71
Differences 0.00
Hancock & Whitney Bank General Fund
Bank Reconciliation
Quarry CDD
Page 11
Agenda Page 30
QUARRY
Community Development District
SOURCES OF FUNDS TOTAL
10/1/2021 State of Florida 3,350,061.50$
10/26/2021 State of Florida 828,145.56
10/26/2021 State of Florida 46,008.09
11/17/2021 State of Florida 94,901.34
11/17/2021 State of Florida 91,213.19
12/21/2021 State of Florida 65,276.88
1/10/2022 State of Florida 18,585.00
1/10/2022 State of Florida 1,032.50
Total 4,495,224.06$
LESS:
11/1/2021 Debt Service - Principal Prepayment 1,351,000.00
DEPOSIT - Acquisition and Construction - General 3,144,224.06$
OTHER SOURCES
11/1/2021 Transfer from Revenue Acct 4004 938.50
Dividends FY 2022 145.89
Dividends thru 11/30/2022 22.49
TOTAL SOURCES OF FUNDS 1,106.88$
USE OF FUNDS:
DATE VENDOR REQUISITIONS REQ # PENDING TOTAL
4/27/2022 CPH 1 4,940.00
4/27/2022 Kutak Rock LLP 2 988.00
5/24/2022 Midwest Construction Products Corp 3 475.00
5/16/2022 Midwest Construction Products Corp 4 3,000.00
5/16/2022 Midwest Construction Products Corp 5 7,900.00
5/24/2022 Kutak Rock LLP 6 1,776.45
5/24/2022 CPH 7 11,615.40
6/9/2022 Kutak Rock LLP 8 1,378.00
6/9/2022 Midwest Construction Products Corp 9 1,900.00
6/9/2022 Midwest Construction Products Corp 10 4,800.00
6/9/2022 Midwest Construction Products Corp 11 1,425.00
6/9/2022 Crosscreek Environmental LLC 12 2,997.66
8/1/2022 CPH 13 27,155.66
8/1/2022 CPH 14 1,800.00
8/1/2022 CPH 15 33,809.58
8/22/2022 Crosscreek Environmental LLC 16 4,000.13
8/22/2022 Midwest Construction Products Corp 17 6,000.00
8/22/2022 Midwest Construction Products Corp 18 1,020.00
8/22/2022 MJS Golf Services LLC 19 7,615.15
8/22/2022 MJS Golf Services LLC 20 4,157.51
Series 2020 (FEMA Project)
Acquisition and Construction - General
FY 9/30/2023
Page 12
Agenda Page 31
QUARRY
Community Development District
SOURCES OF FUNDS TOTAL
Series 2020 (FEMA Project)
Acquisition and Construction - General
FY 9/30/2023
8/22/2022 MJS Golf Services LLC 21 12,849.68
8/22/2022 MJS Golf Services LLC 22 6,568.09
8/22/2022 MJS Golf Services LLC 23 5,058.60
8/22/2022 MJS Golf Services LLC 24 16,849.00
8/22/2022 MJS Golf Services LLC 25 49,004.13
8/22/2022 MJS Golf Services LLC 26 4,346.44
8/26/2022 CPH 27 7,745.15
9/14/2022 MJS Golf Services LLC 28 7,887.77
9/14/2022 GLASE GOLF, INC 29 319,983.78
10/20/2022 Crosscreek Environmental LLC 30 5,295.80
10/20/2022 CPH 31 6,513.38
10/20/2022 Kutak Rock LLP 32 78.00
Total Requisitions 570,933.36
TOTAL CONSTRUCTION ACCOUNT BALANCE @ 11/30/22 2,574,397.58$
Page 13
Agenda Page 32
Date Payee
Type Payee Invoice No.Payment Description Invoice / GL Description G/L Account #Amount
Paid
HANCOCK & WHITNEY BANK GENERAL FUND - (ACCT#XXXXX3489)
CHECK # 8462
11/03/22 Vendor INFRAMARK LLC 83096 SEPT 2022 MGMT FEES DOMAIN PROTECTION/SECURITY RENEWAL 001-549900-51301 $48.48
11/03/22 Vendor INFRAMARK LLC 83096 SEPT 2022 MGMT FEES ProfServ-Mgmt Consulting Serv 001-531027-51201 $4,892.50
11/03/22 Vendor INFRAMARK LLC 83096 SEPT 2022 MGMT FEES Printing and Binding 001-547001-51301 $12.24
11/03/22 Vendor INFRAMARK LLC 83096 SEPT 2022 MGMT FEES Postage and Freight 001-541006-51301 $10.26
Check Total $4,963.48
CHECK # 8463
11/03/22 Vendor NAPLES DAILY NEWS 0004975238 NOTICE OF MEETING 9/20/22 Legal Advertising 001-548002-51301 $287.00
Check Total $287.00
CHECK # 8464
11/03/22 Vendor PENINSULA IMPROVEMENT CORP.INV009070 LAKE AND LITTORAL MAINT Contracts - Lake Maintenance 001-534345-53901 $5,417.00
Check Total $5,417.00
CHECK # 8465
11/03/22 Vendor COLLIER COUNTY PROPERTY APPRAISER 100122 BILLING FOR 2022/2023 ProfServ-Property Appraiser 001-531035-51301 $5,369.22
Check Total $5,369.22
CHECK # 8466
11/03/22 Vendor FEDEX 7-917-66175 POSTAGE OCT 2022 Postage and Freight 001-541006-51301 $39.45
Check Total $39.45
CHECK # 8467
11/03/22 Vendor CROSSCREEK ENVIRONMENTAL INC 11818 PHASE 1 MATERIALS R&M-Lake 001-546042-53901 $676.80
Check Total $676.80
CHECK # 8468
11/03/22 Vendor MRI CONSTRUCTION INC 38 STORMWATER PIPE LINING R&M-General 001-546001-53901 $11,268.50
Check Total $11,268.50
CHECK # 8469
11/11/22 Vendor DEPT OF ECONOMIC OPPORTUNITY 86810 DISTRICT FILING FEE FY 2022/23 Annual District Filing Fee 001-554007-51301 $175.00
Check Total $175.00
CHECK # 8470
11/22/22 Vendor DISASTER LAW & CONSULTING, LLC 110222 LEGAL COUNSEL THRU OCT 2022 ProfServ-Other Legal Charges 001-531028-51401 $1,687.50
Check Total $1,687.50
CHECK # 8471
11/22/22 Vendor PENINSULA IMPROVEMENT CORP.INV009150 QTRLY MAINT - WETLAND PRESERVE OCT-DEC 2022 Contracts-Preserve Maintenance 001-534076-53901 $25,957.50
11/22/22 Vendor PENINSULA IMPROVEMENT CORP.INV009149 OCT 2022 LAKE/LITTORAL MAINT Contracts - Lake Maintenance 001-534345-53901 $5,417.00
Check Total $31,374.50
CHECK # 8472
11/22/22 Vendor FEDEX 7-947-19830 FEDEX AGENGA PKG Postage and Freight 001-541006-51301 $40.43
Check Total $40.43
CHECK # 8473
11/22/22 Vendor THE QUARRY COMMUNITY ASSOCIATION 10252022 FIELDSTONE LANE WALL DRAINAGE R&M-General 001-546001-53901 $1,600.00
Check Total $1,600.00
CHECK # 8474
11/22/22 Vendor KUTAK ROCK LLP 312688616823-1 GEN COUNSEL THRU SEPT 2022 ProfServ-Legal Services 001-531023-51401 $2,328.55
Check Total $2,328.55
CHECK # 8475
11/30/22 Vendor CPH 142938 ENGG SVCS THRU SEPT 2022 Water Quality Testing 001-549960-53901 $3,732.75
11/30/22 Vendor CPH 143348 ENGG SVCS THRU SEPT 2022 ProfServ-Engineering 001-531013-51501 $4,481.70
11/30/22 Vendor CPH 143349 REIMBURSABLES THRU SEPT 2022 ProfServ-Engineering 001-531013-51501 $142.05
Check Total $8,356.50
ACH #DD127
11/18/22 Employee TIMOTHY B. CANTWELL PAYROLL November 18, 2022 Payroll Posting $184.70
ACH Total $184.70
ACH #DD128
11/18/22 Employee DEAN A. BRITT PAYROLL November 18, 2022 Payroll Posting $184.70
ACH Total $184.70
ACH #DD129
11/18/22 Employee MARION M. STUCKEY PAYROLL November 18, 2022 Payroll Posting $184.70
ACH Total $184.70
ACH #DD131
11/18/22 Employee WILLIAM L. PATRICK PAYROLL November 18, 2022 Payroll Posting $184.70
ACH Total $184.70
Account Total $74,322.73
(Sorted by Check / ACH No.)
Payment Register by Bank Account
For the Period from 11/1/22 to 11/30/22
QUARRY COMMUNITY DEVELOPMENT DISTRICT
Page 14
Agenda Page 33
Quarry CDD FY2023 Calendar of Events
As of December 2022 – updated 12/5/22
December
• 12/12/22 CDD Meeting
• 12/14/22 Inframark Supervisor Training – RSVP- Jacob Whitlock
(Jacob.Whitlock@inframark.com)
• Inframark Q1 Inspection
January
• 1/9/23 CDD Meeting
February
• 2/13/23 CDD Meeting – Follow-Up Phase II B Pre-Construction Meeting
• Gatekeepers Preserve Fence Repairs (depending on water levels)
March
• 3/20/23 CDD Meeting
• Inframark Q2 Inspection
• FY2024 Draft Budget Provided
• QE USA, Inc. Warranty Repairs (Flint Court & Lake 30 depending on water levels)
April
• 4/17/23 CDD Meeting
• Phase II B Construction Golf Course Work Begins (end of April or early May depending
on water levels)
• CPH Water Quality Sampling Event & Report
May
• 5/15/23 CDD Meeting – Tentative Budget Approval
• FY2022 Audit Acceptance
June
• 6/19/23 CDD Meeting
• Inframark Q3 Inspection
August
• 8/14/23 CDD Meeting – Budget Public Hearing
September
• 9/18/23 CDD Meeting
• Inframark Q4 Inspection
Items needed to be added
• CES Illinois pondweed cuttings
• CES Annual Preserve Maintenance Events
• CPH Preserve Inspection – Three reports remaining – approved 6/21/21
• CPH Stormwater Management Lakes Assessment & Stormwater System Annual Report
– approved 6/20/22
• CPH FY2022 Shoreline Project Drone Survey – final survey TBD once construction work
is completed
• MRI inspection – once all existing drainage structures have been identified (Proposal not
yet approved)
Agenda Page 35
From: Jose Escobedo <JEscobedo@barroncollier.com>
Sent: Sunday, December 4, 2022 4:51 PM
To: Will Elliott <WElliott@barroncollier.com>
Subject:
DATE PRESERVE CREW
10/04/2022 # 3 7
10/05/2022 # 3 7
10/06/2022 # 1 6
10/24/2022 # 1 5
10/26/2022 # 2 5
10/27/2022 # 2 4
10/28/2022 # 1 4
10/29/2022 # 4 4
Preserve # 3
Species targeted
Brazilian pepper - torpedo grass - cesar weed -paragrass- vines
Preserve # 1
Species targeted
Brazilian pepper - torpedo grass - cesar weed- vines
Preserve # 4
Brazilian pepper - cesar weed - vines
Preserve # 2
Torpedo grass- paragrass - vines
Agenda Page 37
----- Forwarded Message -----
From: Robert Jozaitis <rjozaitis@verizon.net>
To: LARRY PATRICK <william_l_patrick@yahoo.com>
Sent: Friday, November 4, 2022 at 12:05:37 PM EDT
Subject: Invasive Carolina Willow Bushes
To: Members of The Quarry CDD
My name is Robert Jozaitis. I live with my wife, Mary, at 9351 Marble Stone
Dr. in The Quarry. We have been at this residence for 11 years.
There is a preserve behind our home and we are across from the 13th green
of the golf course. For the last 5 or 6 years we have seen the steady
creeping and the rapid growth of the willow bushes moving south across the
preserve. The bushes have grown to a height of 20-30 feet. In addition, they
present a fire hazard if struck by lightning or ignited by a cigarette or cigar.
We are asking the CDD to remove the willow trees and bushes or at least
mitigate the advance of this plant foe vegetation.
Thank you for your consideration and attention to this matter.
Robert Jozaitis
856 296 1326
Agenda Page 38
The Quarry CDD – Engineer’s Report
December 2022
2022 Shoreline Phase I and Phase II
CPH and Inframark continues to coordinate Phase I and II outstanding pay-apps and change
orders with Glase Golf.
Fieldstone Lane Drainage work order
Survey field work scheduled for December 27th, 2022
CPH’s Team Upcoming Inspections / Site visits
Stormwater assessment site inspection – Expected March 2023 pending water levels
Water quality monitoring event – Expected October 2023
Fieldstone Ln drainage topographic survey field work – Scheduled for December 27th, 2022.
Preserve maintenance inspection – These will be scheduled in coordination with ECS
2022 Shoreline repairs Phase 2-a – Scheduled to start by the end of April beginning of May
2023
November 2022 Action Items
Engineer – Work on plats, resolve plans for budgeting for title search and any required
survey work. Draft letter (with attorney) to send to Pulte requesting reimbursement for their
“sloppy” work that requires corrections. CPH is in the process to get all required
information to the attorney, however, CPH is waiting to received the topographic data
to confirm the existence of the swale on Fieldstone Ln.
2216 Altamont Avenue
Fort Myers, Florida 33901
Phone: 239.332.5499
Fax: 239.332.2955
www.cphcorp.com
Agenda Page 8
1
AGREEMENT BETWEEN QUARRY COMMUNITY DEVELOPMENT DISTRICT AND
QUARRY COMMUNITY ASSOCIATION, INC REGARDING THE DIVISION OF
RESPONSIBILITIES FOR SURFACE WATER DRAINAGE IMPROVEMENTS
THIS AGREEMENT (the “Agreement”) is made and entered into this ___ day of
_______________, 2022 by and between:
QUARRY COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose
government established pursuant to Chapter 190, Florida Statutes, being situated
in Collier County, Florida, with a mailing address of 210 North University Drive,
Suite 702, Coral Springs, Florida 33071 (the “District”); and
QUARRY COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation,
whose address is 8975 Kayak Drive, Naples, FL 34120 (the “Association,” and
together with the District, the “Parties”).
RECITALS
WHEREAS, the District is a local unit of special-purpose government established to
finance, fund, plan, establish, acquire, construct or reconstruct, enlarge and extend, equip,
operate and maintain systems, facilities and infrastructure in conjunction with the development
of the lands within its boundaries; and
WHEREAS, the District has constructed and/or acquired, certain stormwater management
facilities, including stormwater lakes, ponds (including seawall & rip-rap shoreline protection),
storm inlets, drains, pipes, water quality swales, weirs, and other water control structures, lake
interconnect piping, littoral plantings and natural wetlands (collectively the “Master Stormwater
System”); and
WHEREAS, the District is obligated to operate and maintain these assets for the purpose
of satisfying South Florida Water Management District (“SFWMD”) permitting requirements,
and satisfying obligations under the District’s bond indentures to reasonably maintain assets
funded with tax-exempt bond proceeds; and.
WHEREAS, runoff from normal rain events, tropical storms and hurricanes originating
from impervious surfaces such as roofs, gutters, and downspouts as well as drainage from other
sources such as pools and dry-wells may cause significant lake bank erosion and washouts
throughout the District and may otherwise affect the proper operation of the Master Stormwater
System; and
WHEREAS, the owners and residents of real property within the District play an integral
part in keeping the Master Stormwater System functioning properly and the failure of all or a
portion of the Master Stormwater System due to improper actions of third-parties could result in
significant damage or harm to real property, personal property and/or homes within the District;
and
Agenda Page 41
2
WHEREAS, the Association is a Florida not-for-profit corporation which sets standards
for improvements including, but not limited to, gutters, downspouts and drainage on properties
within the District through the Architectural Modifications Committee); and
WHEREAS, the District seeks to coordinate with the Association to ensure that gutters,
downspouts, and/or other forms of drainage on properties within the district (“Lot Outfall
Improvements”) are installed in a manner which meets all permitting requirements and also
meets both District and Association standards to help prevent erosion, washouts, or other damage
to the Master Stormwater System lake banks within the district; and
WHEREAS, the District and the Association desire to define their respective obligations
relative to this issue; and
NOW, THEREFORE, in consideration of the recitals, agreements and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
SECTION 1. RECITALS. The recitals so stated are true and correct and by this reference
are incorporated into and form a material part of this Agreement.
SECTION 2. DISTRICT OBLIGATIONS. The District shall identify properties within its
boundary (“Drainage Properties”) on which the installation of Lot Outfall Improvements are
necessary in order to significantly limit washouts and erosion to lake banks which may affect the
proper operation of the Master Stormwater System. The District shall pay for the materials and
installation for Lot Outfall Improvements on Drainage Properties.. The District shall enter into a
temporary license agreement with the owners of the Drainage Properties to allow for access to
the property in order to install the Lot Outfall Improvements. The District shall be responsible
for only the installation of the Lot Outfall Improvements and shall not be responsible for the
maintenance of the Lot Outfall Improvements after installation. Specifically, for Lot Outfall
Improvements which drain directly into the Master Stormwater System through a District
constructed connection point, owners of Drainage Properties shall be responsible for
maintenance of the Lot Improvement above the connection point.
The District shall additionally be responsible for ensuring that alterations to the drainage
patterns for Drainage Properties caused by the installation of Lot Outfall Improvements are
consistent with the approved South Florida Water Management District permit for the subject
property. In the event the drainage pattern, direction or outfall from a particular Drainage
Property is proposed to be altered by the District in a way which requires a SFWMD permit
modification, the District shall coordinate with the SFWMD to obtain the necessary permit
modifications.
SECTION 3. ASSOCIATION OBLIGATIONS.
A. Development of Gutter, Downspout, and Drainage Standards. The Association agrees to
work with the District in developing a set of standards, to be titled “Gutter, Downspout,
and Drainage Standards,” for Lot Outfall Improvements which meet both the aesthetic
needs of the Association as well as the functional needs required by the District to
Commented [A1]: Need to confirm the name of this committee
Agenda Page 42
3
significantly limit erosion and washout to lake banks which may affect the proper
operation of the Master Stormwater System. The Association agrees to adopt these
standards once developed and employ them through the Architectural Modifications
Committee.
B. Facilitation of Installation of Lot Outfall Improvements on Drainage Properties. The
Association agrees to use all due diligence and enforcement mechanisms at its disposal in
order to facilitate the District’s installation of the Lot Outfall Improvements on the
Drainage Properties.
C. Installation of Lot Outfall Improvements on Properties Not Identified as Necessary by the
District. For any lot that has not been identified as a Drainage Property where a property
owner desires to install Lot Outfall Improvements, the Association agrees to make all
reasonable efforts to require such property owners to install the Lot Outfall
Improvements in accordance with the standards developed by the District and the
Association. The property owner shall be responsible for the installation and maintenance
of improvements made in accordance with this subsection.
D. Maintenance of Lot Improvements. The Association agrees to use all due diligence and
enforcement mechanisms at its disposal to obligate property owners to maintain Lot
Outfall Improvements installed on their property, provided however, that the District
shall be responsible for the maintenance of improvements located below the connection
point to the Master Stormwater System.
SECTION 4. COMPENSATION. The District shall pay the Association the sum of Ten
Dollars ($10.00) per year for the provision of the services to be performed by the Association
pursuant to the terms of this Agreement.
SECTION 5. TERM. The term of this Agreement is for a period of twenty (20) years
commencing on the Effective Date (the “Initial Term”) and shall be automatically renewed for
additional ten (10) year periods, unless either party provides at least ninety (90) days written
notice of its intent not to renew. The District shall have the right to terminate this Agreement
effective immediately at any time due to the Association’s failure to perform in accordance with
the terms of this Agreement, or upon thirty (30) days written notice without a showing of cause.
The Association shall have the right, after the expiration of the Initial Term to terminate this
Agreement upon thirty (30) days written notice without a showing of cause provided such notice
shall be provided prior to May 1 of any calendar year after the expiration of the Initial Term.
SECTION 6. RECOVERY OF COSTS AND FEES. In the event that either party is required
to enforce this Agreement by court proceedings or otherwise, then the Parties agree that the
substantially prevailing party shall be entitled to recover from the other all fees and costs
incurred, including reasonable attorney’s fees, paralegal fees and expert witness fees and costs
for trial, alternative dispute resolution, or appellate proceedings.
SECTION 7. LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement
shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory
Commented [A2]: Confirm name
Agenda Page 43
4
limited waiver of immunity or limits of liability which may have been adopted by the Florida
Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement
shall inure to the benefit of any third party for the purpose of allowing any claim which would
otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.
SECTION 8. ASSIGNMENT. Neither the District nor the Association may assign this
Agreement without the prior written approval of the other.
SECTION 9. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this
Agreement are for convenience only and shall neither control nor affect the meaning or
construction of any of the provisions of this Agreement.
SECTION 10. AGREEMENT. This instrument shall constitute the final and complete
expression of this Agreement between the District and the Association relating to the subject
matter of this Agreement.
SECTION 11. AMENDMENTS. Amendments to and waivers of the provisions contained
in this Agreement may be made only by an instrument in writing which is executed by both the
District and the Association.
SECTION 12. AUTHORIZATION. The execution of this Agreement has been duly
authorized by the appropriate body or official of the District and the Association, both the
District and the Association have complied with all the requirements of law, and both the District
and the Association have full power and authority to comply with the terms and provisions of
this instrument.
SECTION 13. NOTICES. All notices, requests, consents and other communications under
this Agreement (“Notices”) shall be in writing and shall be delivered, mailed by First Class Mail,
postage prepaid, or overnight delivery service, to the parties, as follows:
A. If to the District: Quarry Community Development District
210 North University Drive
Suite 702
Coral Springs, Florida 33071
Attn: District Manager
With a copy to: Kutak Rock LLP
PO Box 10230
Tallahassee, Florida 32302
Attn: Wesley S. Haber
B. If to the Association: Quarry Community Association, Inc.
8975 Kayak Drive
Naples, FL 34120
Agenda Page 44
5
With a copy to: __________________
__________________
__________________
Attn: _____________
Except as otherwise provided in this Agreement, any Notice shall be deemed received
only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the
place of delivery) or on a non-business day, shall be deemed received on the next business day.
If any time for giving Notice contained in this Agreement would otherwise expire on a non-
business day, the Notice period shall be extended to the next succeeding business day.
Saturdays, Sundays, and legal holidays recognized by the United States government shall not be
regarded as business days. Counsel for the District and counsel for the Association may deliver
Notice on behalf of the District and the Association. Any party or other person to whom Notices
are to be sent or copied may notify the other parties and addressees of any change in name or
address to which Notices shall be sent by providing the same on five (5) days written notice to
the parties and addressees set forth herein.
SECTION 14. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the
benefit of the District and the Association and no right or cause of action shall accrue upon or by
reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in
this Agreement expressed or implied is intended or shall be construed to confer upon any person
or corporation other than the District and the Association any right, remedy, or claim under or by
reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the
provisions, representations, covenants, and conditions contained in this Agreement shall inure to
the sole benefit of and shall be binding upon the District and the Association and their respective
representatives, successors, and assigns.
SECTION 15. CONTROLLING LAW; VENUE. This Agreement and the provisions
contained in this Agreement shall be construed, interpreted, and controlled according to the laws
of the State of Florida. Venue shall be in Collier County, Florida.
SECTION 16. PUBLIC RECORDS. The Association understands and agrees that all
documents of any kind provided to the District in connection with this Agreement may be public
records and shall be treated as such in accordance with Florida law.
SECTION 17. SEVERABILITY. The invalidity or unenforceability of any one or more
provisions of this Agreement shall not affect the validity or enforceability of the remaining
portions of this Agreement, or any part of this Agreement not held to be invalid or
unenforceable.
SECTION 18. ARM’S LENGTH TRANSACTION. This Agreement has been negotiated
fully between the District and the Association as an arm’s length transaction. The District and
the Association participated fully in the preparation of this Agreement with the assistance of their
respective counsel. In the case of a dispute concerning the interpretation of any provision of this
Agenda Page 45
6
Agreement, the Parties are each deemed to have drafted, chosen, and selected the language, and
any doubtful language will not be interpreted or construed against any party.
SECTION 19. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, and all such counterparts shall
constitute one agreement. The delivery of counterpart signatures by e-mail or facsimile
transmission shall have the same force and effect as the delivery of a signed hard copy.
IN WITNESS WHEREOF, the Parties execute this Agreement the day and year first written
above.
ATTEST: QUARRY COMMUNITY
DEVELOPMENT DISTRICT
Secretary Chairman, Board of Supervisors
QUARRY COMMUNITY
ASSOCIATION, INC.
Name: By:
Its:
Agenda Page 46
4846-6106-9137.2
LICENSE FOR ACCESS
This LICENSE FOR ACCESS (the "License") is made as of the _____day
of_______, 202_, by and between _________________________ ("Licensor") and QUARRY
COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government
established pursuant to Chapter 190, Florida Statutes ("Licensee").
R E C I T A L S
WHEREAS, Licensor is the owner of certain real property located at (insert
address) and shown on Exhibit A attached hereto and by this reference made a part hereof (the
"Property"); and
WHEREAS, Licensee is undertaking a project to prevent erosion and other damage
to the stormwater ponds it owns located throughout the Quarry residential community from
surface water runoff from residential properties (the “Project”); and
WHEREAS, as the Project necessitates that the Licensee, in coordination with the
Quarry Community Association (“Association”), install drainage improvements including, but
not limited to, gutters, downspouts and drains (“Drainage Improvements”) in a manner which
meets QCA Architectural Modifications Committee and Licensee standards on certain
properties; and
WHEREAS, Licensee has identified the Property as one on which Drainage
Improvements are necessary in order to meet the goals of the Project; and
WHEREAS, the plans for the Drainage Improvements to be installed on the Property
are attached hereto as Exhibit B; and
WHEREAS, pursuant to Section 20.4 of that certain Third Amended and Restated
Declaration of Covenants, Conditions and Restriction for the Quarry, recorded in the Official
Records of Collier County, Florida at Book 6091, Page 3220 et, seq., Licensee has an easement
over the property for the purpose of “ingress and egress” and “repairing, relocation and
maintaining . . . lakes, ponds, wetlands, (and) drainage systems” provided Licensee’s exercise of
the easement “will not unreasonably interfere with the (Licensor’s) use of improvements” on the
Property (the “Easement”)
WHEREAS, notwithstanding the existence of the Easement and without intending to
impact Licensee’s rights under the Easement, Licensee has requested that Licensor grant
Licensee the right to temporarily access the portion of the Property identified on Exhibit A as the
“License Area” in connection with the completion of the Project; and
WHEREAS, in furtherance thereof, Licensee has also requested that Licensor allow
Licensee’s agents, contractors and consultants, access onto the License Area for purposes of
installing the Drainage Improvements in accordance with Exhibit B, and Licensor is willing to
grant such access; and
Agenda Page 48
4846-6106-9137.2
2
WHEREAS, subsequent to the installation of the Drainage Improvements, Licensor
agrees to be responsible for the maintenance of the Drainage Improvements located above the
connection point to Licensee’s master stormwater system.
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and
other valuable consideration, the receipt of which is hereby acknowledged by Licensor, Licensor
and Licensee hereby agree as follows:
1. Recitals. The above recitals are incorporated herein and made a part hereof.
2. Grant of Access. Licensor hereby grants to Licensee, for itself, its agents,
contractors and consultants, a license to enter onto the License Area for the purpose of Installing
the Drainage Improvements (“License Purpose”), subject to the further terms and provisions
hereof. Licensor represents and warrants to Licensee that it has full power and authority to grant
Licensee the rights described herein.
3. License. The rights granted herein to Licensee shall be deemed a license in
favor of Licensee for the purposes as set forth herein. Notwithstanding anything to the contrary
herein contained, this License shall automatically expire on the date upon which the Drainage
Improvements are fully installed or ______________, 202_, whichever occurs sooner.
4. No Disruption. Licensee agrees by acceptance hereof to undertake the License
Purpose in a commercially reasonable manner customary and typical of similar projects so as not
to unreasonably interfere with Licensor’s use of the Property.
5. Restoration. Licensee shall repair any damage resulting from the License
Purpose and restore the Property to the condition it was in prior to Licensee’s use of the License
Area.
6. Maintenance. Subsequent to the installation of the Drainage Improvements,
Licensor agrees to be responsible for the maintenance of the Drainage Improvements located
above the connection point to Licensee’s master stormwater system
7. Entire Agreement. This License contains the entire understanding between
the parties and shall not be amended or modified except in a writing signed by the party to be
charged.
8. Counterparts; Electronic Signatures. This License may be executed in
multiple counterparts, each of which shall be deemed an original and all of which collectively
shall constitute one instrument. Further, Licensor and Licensee agree that this License may be
executed and delivered by electronic signature and transmission.
[remainder of page intentionally left blank]
Agenda Page 49
4846-6106-9137.2
4
IN WITNESS WHEREOF, the parties have executed this License as of the day and year first
above written.
LICENSOR:
By: __________________________________
Name: ________________________________
Title: _________________________________
[signatures continue on the next page]
Agenda Page 51
4846-6106-9137.2
5
[signatures continued from previous page]
LICENSEE:
QUARRY COMMUNITY DEVELOPMENT
DISTRICT
By: _______________________________________
Name: ____________________________________
Title: _____________________________________
Agenda Page 52
4846-6106-9137.2
EXHIBIT A
Depiction of the Property and License Area
(See Attached)
Agenda Page 53
1
STORMWATER MANAGEMENT
RULES AND POLICIES
FOR
THE QUARRY COMMUNITY DEVELOPMENT DISTRICT
Section 1. Short Title, Authority and Applicability
a. This document shall be known and may be cited as the “Stormwater Management
Rules and Policies for The Quarry Community Development District”.
b. The Board of Supervisors (the “Board”) of The Quarry Community Development
District (the “District”) has the authority to adopt rules and policies pursuant to Chapter 190 of the
Florida Statutes, as amended.
c. These rules and policies shall be applicable to all those property owners,
community and condominium associations, persons or entities who are served by, or are utilizing,
the master stormwater management system operated by the District.
d. It is intended that these Rules will be administered in conjunction with the Gutter,
Downspout, and Drainage Standards (“Standards”) published and enforced by the Architectural
Modifications Committee of the Quarry Community Association, as may be amended from time
to time. The Standards have been developed jointly by the Quarry Community Association
(“Association”) and the District to meet both the aesthetic needs of the Association as well as the
functional needs required by the District to significantly limit erosion and washout to lake banks
which may affect the proper operation of the Master Stormwater System (defined herein). A copy
of the Standards may be obtained on the District’s website at quarrycdd.org.
Section 2. Background, Intent, Findings and Purpose
a. The District was created pursuant to the provisions of Chapter 190, Florida Statutes
and was established to provide for ownership, operation, maintenance, and provision of various
public improvements, facilities and services within its jurisdiction. The purpose of these rules and
policies (individually, each a “Rule” and collectively, the “Rules”) is to describe the various
policies of the District relating to stormwater management.
b. Definitions located within any section of the Rules shall be applicable within all
other sections, unless specifically stated to the contrary.
c. A Rule of the District shall be effective upon adoption by affirmative vote of the
Board. After a Rule becomes effective, it may be repealed or amended only through the rulemaking
procedures specified in these Rules. Notwithstanding, the District may immediately suspend the
application of a Rule if the District determines that the Rule conflicts with Florida law. In the event
that a Rule conflicts with Florida law and its application has not been suspended by the District,
such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also
Commented [HWS1]: Need to confirm the name of this
committee
Agenda Page 55
2
complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while
complying with Florida law, the Rule shall be automatically suspended.
d. The District is the operating entity responsible for the long-term operation and
maintenance of the master stormwater management system servicing the property located within
the boundaries of the District (the “Master Stormwater System”). The District owns certain real
property and other improvements which comprise the Master Stormwater System. Stormwater
lakes, ponds, control structures, lake interconnect piping, littoral plantings and natural wetlands
are all integral parts of the Master Stormwater System. The owners and residents of real property
within the District play an integral part in keeping the Master Stormwater System functioning
properly. The failure of all or a portion of the Master Stormwater System due to improper actions
of third-parties could result in significant damage or harm to real property, personal property
and/or homes with the District.
e. The Master Stormwater System is permitted through South Florida Water
Management District (“SFWMD”) and Collier County, and the regulations of such governmental
bodies control the design, operation and use of the Master Stormwater System. Notwithstanding the
same, consistent with the regulations of such entities there are certain practices and actions that can
be controlled to enhance the effectiveness of the Master Stormwater System and improve the overall
function and aesthetic value of the Master Stormwater System.
f. Runoff from normal rain events, tropical storms and hurricanes originating from
impervious surfaces such as roofs, gutters and downspouts, may cause significant lake bank erosion
and washouts throughout the District and may otherwise affect the proper operation of the Master
Stormwater System. Based upon the District’s prior experiences, undertaking corrective action for
such events may result in the District expending significant sums of money to restore the Master
Stormwater System (including lake banks) to maintain compliance with applicable permits and
ensure public safety. These Rules are intended to establish rules and policies relating to the
installation and use of gutters and downspouts and other forms of drainage on privately owned
property within the District (“Lot Outfall Improvements”) which are discharging via overland flow
or directly into the District’s lakes and wetlands. These Rules serve three goals: (1) reducing and/or
spreading out the volume of water flowing from an owner’s property toward the lakes and wetlands
within the District; (2) reducing the velocity of water flowing from an owner’s property toward the
lakes and wetlands; and (3) maintaining compliance with applicable SFWMD and Collier County
permits and regulations.
Section 3. Gutters and Downspouts
a. Installation or Modification of Gutters or Downspouts Generally.
i. Drainage patterns for each property within the District shall be consistent
with the approved SFWMD permit for the subject property. In the event the drainage pattern,
direction or outfall from a particular property is proposed to be altered or is currently inconsistent
with the approved SFWMD permit and all appurtenant permit modifications, then a modification to
the applicable SFWMD permit may be required. All permitted cross sections and grade elevations
shall be maintained per the SFWMD permit unless and until a modification is approved.
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ii. The installation or modification of Lot Outfall Improvements on a home,
condominium building or other structure (“Structure”) within the District shall be subject to the
rules set forth herein and also subject to the Standards. Gutters and downspouts may not be directly
connected to the water quality treatment lakes within the District without an approved modification
to the applicable SFWMD permit.
iii. In order to prevent erosion and washouts, all Lot Outfall Improvements on
property that is adjacent to a lake shall be designed such that all water runoff will be collected and
routed to pipes, collection boxes and other drainage improvements located on District Property
(“District Outfall Improvements,” and together with the Lot Outfall Improvements the “Outfall
Improvements”) by a method consistent with the Standards and applicable permitting. Attached
hereto and made a part hereof as “Exhibit A” are example concepts showing various methods
within the District of collecting stormwater runoff and illustrating the intrusion of the Outfall
Improvements into the adjacent lake to discharge the stormwater. As reflected in each of the
attached examples, all outfalls from the Outfall Improvements into the lake shall be installed below
the control elevation of the lake. All drainage design plans for Outfall Improvements are to be
consistent and compliant with existing permits, rules and regulations. As the District is the owner
of the adjacent lake property, no intrusion of Outfall Improvements into a lake shall be permitted
without the prior review and approval of the District. Further, each example of Outfall
Improvements has a defined connection point (the “Connection Point”) to delineate the separation
of maintenance responsibility of the District and the owner. The District will be responsible for
maintenance of improvements below the Connection Point and the owner will be responsible for
maintenance of improvements above the Connection Point.
iv. The District shall periodically identify properties within its boundary
(“Drainage Properties”) on which the installation and/or modification of Lot Outfall Improvements
or connections to District Outfall Improvements are determined to be necessary in order to
significantly limit washouts and erosion to lake banks which may affect the proper operation of
the Master Stormwater System. The Association has agreed to use all due diligence and
enforcement mechanisms at its disposal in order to facilitate the District’s installation and or
modification of Lot Outfall Improvements on the Drainage Properties. The District shall pay for
the costs to install and/or modify the Lot Outfall Improvements on the Drainage Properties,
however, the owners of the Drainage Properties will be responsible for maintenance of the Lot
Outfall Improvements above the Connection Point.
b. Homes and Buildings Identified as Drainage Properties.
i. Compliant Existing Lot Outfall Improvements. If a Structure on a Drainage Property
has existing Lot Outfall Improvements which meet the Standards and if District Outfall
Improvements have already been permitted and installed adjacent to the Drainage Property, the
District shall coordinate with the Association to ensure that the existing Lot Outfall Improvements
are connected to the District Outfall Improvements. The District will review whether any additional
permitting through SFWMD and/or Collier County is required to connect the existing Lot Outfall
Improvements to the District Outfall Improvements. If additional permitting is required, then the
District shall be responsible for the cost and expense of any additional planning, design, engineering
and permitting required for the connection. The District shall be responsible for all costs and
Commented [HWS2]: This statement was in the Heritage
Bay document. Albert – Is it accurate? Specifically, is the
distinction for “water quality treatment” lakes important or
can it just be all lakes, and is it accurate that permit
modification is necessary?
Agenda Page 57
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expenses relating to the connection to the existing Lot Outfall Improvements. The District shall
enter into a temporary license agreement in substantially the form attached hereto as Exhibit B (the
“License Agreement”) with the owners of the Drainage Properties to allow for access to the property
in order to connect the existing Lot Outfall Improvements to the District Outfall Improvements.
Once the connection is made, the District shall be responsible for maintenance of only
improvements below the Connection Point and the Property Owner (or the property owner’s
successor in title) will be responsible for maintenance of improvements above the Connection
Point. The Property Owner is advised that routine maintenance is necessary and required to prevent
clogging of the drain lines, which could potentially result in a back-up of water and damage to the
property or the Structure on the property. The District shall not be responsible for any damage
caused by any lack of maintenance including, without limitation, damage caused by back-ups or
clogs in such lines.
ii. No Compliant Lot Outfall Improvements or No Lot Outfall Improvements. If a
Structure on a Drainage Property has Lot Outfall Improvements that do not meet the Standards or if
there are no existing Lot Outfall Improvements on the property, the District shall coordinate with the
Association to install all necessary Lot Outfall Improvements (including District Outfall
Improvements draining directly into a lake) which meet the Standards. The District will review
whether any additional permitting through SFWMD and/or Collier County is required for the
installation of all improvements. If additional permitting is required, then the District shall be solely
responsible for the cost and expense of any additional planning, design, engineering and permitting
required for the installation of the improvements. The District shall be solely responsible for all costs
and expenses relating to the installation of any Outfall Improvements. All work shall be performed
and completed consistent with applicable permits and approvals. The District shall enter into a
License Agreement with the owners of the Drainage Property to allow for access to the property in
order to install the Lot Outfall Improvements. Once the installation of the Lot Outfall Improvements
is complete, the District shall be responsible for maintenance of only improvements below the
Connection Point and the Property Owner (or the Property Owner’s successor in title) will be
responsible for maintenance of improvements above the Connection Point. The Property Owner is
advised that routine maintenance is necessary and required to prevent clogging of the drain lines,
which could potentially result in a back-up of water and damage to the Property Owner’s property or
the Structure on the property. The District shall not be responsible for any damage caused by any lack
of maintenance including, without limitation, damage caused by back-ups or clogs in such lines.
c. Homes and Buildings Not Identified as Drainage Properties
i. Homes and Buildings Desiring Lot Outfall Improvements Not Identified as Drainage
Properties. The District shall not be responsible for the costs and expenses associated with any Lot
Outfall Improvements made on properties which have not been designated as Drainage Properties. If
a Property Owner is required by the Association to install any improvements necessary to bring the
Structure in compliance with the Standards, or if a Property Owner wishes to install said
improvements on their own accord, the Property Owner shall be responsible for any costs associated
with the improvements. This includes any cost and expense of any additional planning, design,
engineering and permitting required for the installation. If the Lot Outfall Improvements include a
direct connection to a previously installed District Outfall Improvement, the District will be
responsible for maintenance of only improvements below the Connection Point and the Property
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Owner (or the Property Owner’s successor in title) will be responsible for maintenance of
improvements above the Connection Point. The Property Owner is advised that routine maintenance
is necessary and required to prevent clogging of the drain lines, which could potentially result in a
back-up of water and damage to the Property Owner’s property or the Structure on the property. The
District shall not be responsible for any damage caused by any lack of maintenance including, without
limitation, damage caused by back-ups or clogs in such lines.
Section 4. Compliance with Laws
All property owners, community and condominium associations, persons or entities who
are served by, or are utilizing, the Master Stormwater System shall, in addition to these Rules, be
obligated to comply with all applicable federal, state, and local laws and regulations including,
without limitation, all permits issued by SFWMD for the operation and use of the Master
Stormwater System.
Section 5. Enforcement
The District shall have any and all rights available under the Act and Florida law to enforce
the provisions of these Rules. The District’s staff including, without limitation, the District Manager
shall have the authority to act on behalf of the District with respect to the enforcement of these Rules
including, without limitation, taking any actions necessary to the enforcement and/or prosecution of
violations of these Rules consistent with Florida law. In addition to, and not as a limitation on the
District, the District shall have the right to notify SFWMD, Collier County or any other appropriate
regulatory body of a violation of these Rules or any existing permits issued by any such regulatory
body.
Section 6. Effective Date
These Rules shall be effective upon their adoption.
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