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02/18/2013 AgendaHeritage Greens Community Development District Board of Supervisors Ronald Parrott, Chairman George Coombs, Vice Chairman Marsha Coghlan, Assistant Secretary Jim Marshall, Assistant Secretary Henry Michaelson, Assistant Secretary Calvin Teague, District Manager Greg Urbancic, District Counsel James Carr, PE, District Engineer Regular Meeting Agenda - Revised Monday, February 18, 2013 — 6:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Audience Comments 4. Approval of the Minutes of the January 21, 2013 Meeting 5. Old Business A. Gate Maintenance Proposals B. Security Camera and Gate Discussion C. Clicker Distribution Program 6. New Business A. Consideration of Having the HGCA Maintain Certain Assets for the CDD i. Sidewalks and Wall ii. Irrigation and Landscaping 7. Supervisor Committee Reports A. Landscaping and Beautification i. Front Entrance Landscape Proposals B. Drainage and Preserves 8. Manager's Report A. Follow -Up Items B. Approval of Financial Statements 9. Attorney's Report 10. Engineer's Report 11. Supervisors' Requests and/or Comments 12. Audience Comments 13. Adjournment Note: Next meeting is scheduled for Monday, March 18, 2013 at 6:00 p.m. District Office: 210 N. University Drive, Suite 702 Coral Springs, Florida 954- 753 -5841 www.heritagegreenscdd.org Meeting Location: Heritage Greens Community Center 2215 Heritage Greens Drive Naples, Florida O D a� U v C d m � rL^ E- E v •R E � � N ff�n •� V 2 t � C GfI O E LO tLo d N CD Cl) N} ( N E T l6 Z o c aD m c � ge6 c o V ¢ v c m Q CW10Ar EcrlRrT'Y 1505 Manor Rd Englewood, Florida 34223 Phone - 941- 475 -0460, Fax - 941 - 473 -7362 Submitted To: HERITAGE GREENS CDD 2396 HERITAGE GREENS DR. NAPLES, FL. 344119 Reference: BASIC SERVICE MAINTENANCE CONTRACT FOR ALL GATE EQUIPMENT Please find enclosed our proposal to provide our 'Basic Service Customer Protection Plan" for the specified equipment listed below. All materials and labor required to support this agreement are included together with preventative maintenance checks. Under our Agreement, you can safely budget for the normal maintenance of your system. We guarantee you the response and correction times required. Contained in this proposal is the following documentation: • Full Service Customer Protection Plan/Schedule of Services • List of Equipment Protected /Cost/Acceptance Page If this Agreement is acceptable, please have the documents executed by an authorized company official and returned to my attention with a check for the first month. Upon receipt, your coverage will be activated. Please contact me if you have any questions regarding our proposal. We look forward to serving you. Sincerely, Randy Ruberg ACTION SECURITY, INC. BASIC Service Customer Protection Plan Schedule of Services Availability: Monday to Friday, 8:00 a.m. to 5:00 p.m., included in this plan. Emergency night, weekend and holiday service is available for an additional cost. Response Time Range: Within 24 hours of a properly placed service call by authorized representative. Response Status: Priority response. The customer is placed at the beginning of the service request log ahead of all non - service contract customers. Preventative Maintenance: Quarterly, includes all labor for all service calls. Parts will be billed separately. ACTION SECURITY, INC. Service Investment Information Cost and Acceptance Equipment Location: HERITAGE GREENS . Equipment Covered: All Gate Access Control Equipment, Term Of Contract: ONE YEAR. Automatic Renewal annually unless notified in writing 45 days prior to expiration. Renewal date is one year from date customer signs original agreement. Annual Increases may occur but shall not exceed 5 %, unless additional equipment has been added to the agreement. (Note: Contract can be cancelled by either party with 30 days written notice). ADVANCED Door and Gate, Inc. 932 Hidden Terrace Rd. Naples, FL 34104 TEL: (239)289-4441 FAX: (239)963-1160 E: AdvancedDoorFlorida@Yahoo.Com 2013 MAINTENANCE & SERVICE AGREEMENT 01/26/13 Rev. SERVICE CUSTOMER Severn Trent Mgmt Services Heritage Greens 221; Heritage Greens Dr. Naples, FL The equipment covered by the terms of this contract consists of: Gates and Hardware Operating Systems Safety Controls Communication System BENEFITS: Contract customers shall receive the following benefits: Priority status over non contract customers for all repairs. Technicians service contract customers before servicing non - contract customers Four (4) maintenance calls per year (Quarterly), where we will perform the following. 1. Inspect, clean or replace electrical contacts, wires and terminals to insure proper electrical continuity. 2. Check and test safety controls (safety loops and photocells) to ensure immediate response to mechanical malfunctioning. 3. Check bearing and motors for visual wear, lubricate as required to minimize overheating. 4. Check hydraulic fluid lines; bleed hydraulic lines and replace fluid in operators. 5. Check belts and chains; adjust limits for proper gate closure (where applicable). 6. Check driveway sensors for correct sensitivity settings. 7. Check proper operation of telephone entry system. 8. Check proper operation of radio receiver and antenna connections. 9: Inspect gates and hardware, grease fittings, adjust hinges as needed. 10. All service performed during normal working hours (BAM to 5PM, Monday to Friday) REPAIRS: If, during the year, your equipment is not functioning properly, we will furnish a service representative to inspect the equipment and make any necessary repairs to ensure proper operation of the gates. Labor costs will be covered by the monthly fee, parts additional. Ali aspects of the gates, openers, and related controls are covered by this agreement. RATES: Contract customers shall be billed monthly at a cost of $1950.00 /month to cover all labor costs for that month. Quarterly preventive maintenance will be included in this cost. DISCLAIMER: Advanced Door and Gate will exercise its best efforts in performing the above services, and the Customer agrees that in connection therewith Advanced Door and Gate does not assume responsibility for delays of failure in furnishing parts thereunder caused by Acts of God, lightning strikes, power surges, failure of transportation, discontinuance of manufacture, ready availability of parts and causes beyond Advanced Door and Gates' control; for injury or damage to persons or property on the premises for any cause whatsoever or from interruption in the operation of the Customer's business or any other equipment on the premises, or for any consequential damages whatsoever. This contract covers all agreements in respect to the equipment described herein and no verbal agreements or understandings shall modify the terms of this agreement. This agreement in no way guarantees uninterrupted gate operation through the period of above timeline COST: The above maintenance and service agreement to cover (12) months all labor expenses at $1950.00 /month totaling $23,400.00 /annually. The prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature Date Contact: Name Cel I # Work# GATE PROPOSAL Remove all Swing Gates (4) and replace the two Exit Gates with Lift Arm's identical to the current input Lift Arms. Rational: This would reduce exit times We have not used the two entry Swing Gates for over a year. The Exit swing gates have had mechanical problems in the past with resulting repair costs. The Control Board in the west gate is an older model and probably has a limited life. The Control Board in the East Gate was replaced last month with a unit from the Guest entry gate as a result of an electrical failure. Cal reports that the inclusion of the swing gates in a maintenance contract would significantly increase the cost of that contract. The resulting four gates would all be identical and we could maintain a set of replacement parts which would be applicable to all of the gates. This would reduce down time when a failure occurs. This would also eliminate several relays which are necessary to isolate signals from the tandem entry gates Several Months ago we got estimates for installation of these gates and I think it was in the $2500 range each. Cal could confirm this one way or the other. One down side mentioned by some residents is that the metal swing gates gives us a more upscale appearance. Another issue is that the two swing gates do give us another level of security when they are all closed when the guards are not on site. However if someone wants to physically break into the development they can enter via the exit gates which can easily be pushed open resulting in significant damage to the gates. What Think Ye! 1! Jim Marshall Stealth Gam 066 F 03 -18 -2009 23:50 :26 Stealth Cam 060 F 03 -19 -2009 23:00:53 Stealth Cam 071 F 03 -19 -2009 11:52:05 ! � d ! wLiala .'�w ............... Page 1 cu 'mix , : <t..; 11 t" %- ►�' 1/21/2013 "INSCAPE , adding head after removing drip yet Name: MAINSCAPE, INC. 3080 Ravenna Ave. Naples, FL. 34120 Phone: Alt: Email - Yy�rf ✓r amµ,.:. #,. _ :F .�, .,"w� i "� s., _. :a. ,[;, Heritage Greens 11 Greg Goddard, CILIA, EPA Water Sense Partner Phone: (800) 481 -0096 Fax: (239) 597-4394 $ 275.00 irrigation , adding head after removing drip yet J S:s 19 $ 30.00 $ 570.00 move heads for correct placement 11 $ 25.00 $ 275.00 change nozzle to compensate low pressure Toro Precision 42 $ 7.00 $ 294.00 labor 15 $ 45.00 $ 675.00 $ 5 Notes: Currently there is drip tubing that run when the spray heads run. Problem with this is the drip puts down 1/3 the amount of water spray heads. Our proposal is to remove all drip tubing and reinstall spray heads. Because of the low pressure in the guard house island it is required that every head on this zone have nozzle changed to low flow to compensate for low pressure. Proposal includes irrigation improvments at both entrance sign beds and island around guard house. TOTAL: $1,814.00 Conditions: The above price is good for 30 days from date of propoW. Any additional trips to the site caused by the customer fur reasons uncontrolled by Mainscape, Inc. will result in a 565.00 .trip charge' per event No warranty on transplanted material. All material is guaranteed io be as specified. Transplanted plain material is not covered mda warranty. All work is Lobe completed in a workmanlike manner according to standard practices. All agreements are contingent upon strikes, accidents, or other delays beyond our control. The purchaser is to tarty fire, tornado, and other necessary insurance. Mainscape, Inc. is insured for workman's compensation, general liability, and automobile liability. Certificates ofinsurance are available upon request. Terms: Net due upon receipt, subject to a 2% per mondt late charge on past due accounts with costs incurred in collection of this contract, including reasonable attomey's fees, to be paid by the purchaser. Acceptance of Proposal. The above prices, specifications, method ofpayment, conditions and terms of payment are satisfactory and hereby accepted. Mainscape, Inc. is authorized to do the work as specified. Mainscape or Purchaser may cancel this contract at any tine upon giving a 30 -day notice or upon customer default of payment terns. Purchaser's Signature Proposed By Greg Goddard, CLIA Naples Irrigation Dept. 1/21/2013 Name Title Date Name Title Date Page 1 - 'v.,..1/21/2013f /I/IAINSCAPE Heritage Greens CDD Name: GI Teague MANSCAPE, INC. Phone: 239-245-7118 3080 Ravenna Ave. Alt: 239 - 223 -4437 Naples,FL 34120 Email: Heritage Greens Kenny Flage Phone: (800) 481 -0096 Fax: (239) 597 -4384 1521 - LANDSCAPE INSTALLATION Entry enhancement Sun bromeliads 3G 3 EA 95.00 Aechemea blanchetlana bromeliad 3G 3 EA 95.00 Mameycrotons 3G 21 EA 25.50 M15.50$ Ouranta Gold Mound 3G 24 EA 72.00 Flax lily 3G 1s EA 79.00 Foxtail fern 3G 1s EA $ 232.50 Helianthus (Beach dais) IG 20 EA $ 7.50 $ 150.00 Draceana Black Magi 7G 4 EA $ 52.50 $ 210.00 Boulders, 9 varying sizes 1 LS $ 750.00 $ 750.00 Plant removal and disposal in all three beds 1 LS $ 350.00 $ 350.00 Floratam sod 150 SF $ 0.75 $ 112.50 Red Mulch 2CF 220 EA $ 6.00 $ 1,320.00 Notes: ALTERNATE MULCH: GRADEA CYPRESS 150 bags, 3CF @ $9 /bag installed. TOTAL: $ 4,491.50 Conditions: The above price is good for 30 days from date of proposal. Any additional trips to the site caused by the customer for reasons uncontrolled by Mainscape, Inc. will result in a $65.00 'trip charge' per event. No warranty on transplanted material. All material is guaranteed to be as specified. Transplanted plant material is not covered under warranty. All work is to be completed in a workmanlike manner according to standard practices. All agrcemems are contingent upon stakes, accidents, or other delays beyond our control. The purchaser is to carry fire, tornado, and other necessary msuranw. Mainscape, Inc. is insured for workmen's compensation, general liability, and automobile liability. Certificates of insurance are available upon request. Terms: Net due upon teceipt, subject to a 2% per month late charge on past due accounts with costs incurred in collection of ibis contract, including reasonable attorney's fees, to be paid by the Purchaser. Acceptance of Noposal: The above prices, specifications, method of payment, cnnditiaos and terms of payment are satisfactory and hereby accepted. Mainscape, Inc. is authorized to do the work as specified. Mainscape or Purchaser may cancel this contract at any time upon giving a 30-day notice or upon customer default of payment terms. Purchaser's Signature Proposed By Nancy Clark Account Manager 1121/2013 Name Title Date Name Title Date Reference Service Representative Entrance (Phase 2) Christine Keller Qty i f /• Units Price Extended Heritage Greens Entrance: s t GREENSCAPES Left of right sign (outside gate): 14370 Collier Blvd., Naples, FL 34119 Phone: 239.643.4471 • Fax: 239.643.3025 Remove all material and sod except existing Arboricola. Install sod between E -mail: service a greenscapesfi,com Proposal TO: Heritage Greens CDD Proposal: 63239 CIO John Jordan Date: 01/28/13 1729 Morning Sun Lane 35.00 Naples, FL 34119 Each i Reference Service Representative Entrance (Phase 2) Christine Keller Qty i Units Price Extended Heritage Greens Entrance: t Left of right sign (outside gate): Remove all material and sod except existing Arboricola. Install sod between road and sidewalk, install Crotons in front ofArboricola on both sides of fence. 35.00 3 Gal Croton, Mammey Each i 14.30 $500.50 5.00 ' 4 3 Gal Arboricola, Goldfinger (Trinette) Each 13.00 $65.00 400.00 St. Augustine Sod- Sq. ft. SgFt j 0.50 i $200.00 i Back of guard house (inside gate): I Remove sod and shrubs, install Crotons and Flax Lily. 20.00 3 Gal Croton, Mammey i Each j 14.30 $286.00 6.00 3 Gal Flax Lily Each 16.88 $101.28 I Center Island (inside gate): yRemove crown of thorn,liriope, aged annuals and sod. Reshape bed line and install Croton and Flax lily. 40.00 I 3 Gal Croton, Mammey Each 14.30 $572.00 20.00 I 3 Gal Flax Lily Each ; 16.88 $337.60 I Left side (inside gate): 1 Remove purple queen, crown of thorns and misc. material. Install Arboricola i and Crotons. 18.00 1 3 Gal Croton, Mammey Each 14.30 $257.40 30.00 3 Gal Arboricola, Goldfinger (Trinette) Each 13.00 $390.00 Entire proposal: 4.00 Planting Mix -Yard Yard i 80.00 $320.00 1.00 ` Removal 250.00 $250.00 age I oft HERITAGE GREENS COMMUNITY SPECIAL DETAIL, REPORT Date: .? 8'- / 3 Time tour began: Q & 30 _ Time tour ended: _0 L-3a Name of the Deputy on duty: Cpj Shield #: 303 2 Car #: 9"12— At the end of the tour please email inner --office or fax the completed form to Edyth Bird Email. edydL blydWolllersheri, . org Inner - office: Edyk Bird/Fatrol HS or fax number: 239-232 -0025. In the event of a problem please contact: Mr. Calvin Teague T: 239 - 2457118 -Ext. 301 C: 239- 2234437 STOP ALL TRAFFIC VIOLATORS i ENFORCE 20 mile per hour speed zone and all stop sign violations NOTE THAT THERE IS A TRAFFIC CONTROL AGREEMENT DATED 9 -11 -2007 DOCUMENT BELOW ANY INCIDENTS AND TRAFFIC STOPS AND DESCRIBE ACTION 'TAKEN Told IZ69219 SH33NO 3nki1IdaH Wd iS. =ZT £S0Z- QT-83d Severn Trent Environmental Services, Inc. 4837 Swift Road, Suite 100 Sarasota, FL 34231 CONTRACT IN CONSIDERATION of the mutual covenants and promises contained herein, Severn Trent Environmental Services, Inc. (the "Company ") agrees to perform the following services for Heritage Green CDD cto Severn Trent Management Services (the "Client "): Location of Work: Heritage Green Start Date: Upon Acceptance Anticipated Completion Date: N/A I. DESCRIPTION OF SERVICES: • Emergency call out to inspect a sink hole between 2032 and 2036 Crestview Way • Furnish and install a 4 x 8 sheet of plywood over sinkhole and place caution tape around area. • Televise 24" pipe under water to determine location of breach in pipe. Provided a DVD copy of the inspection. • Used vactor truck and approximately 60' of 4" hose to remove dirt from top of pipe to identify if broken pipe was at a bell end. The inspection confirmed it was at the bell. • Excavated and located existing grate underground to provide an entry point for the repairs. ■ Sub total: $2,370.50 • Used diver to plug 24" line at each end of pipe. Dewatered, cleaned heavy debris and televised entire section of pipe. (DVD provided to client) ■ Sub total: $2,210.88 • Furnish and install 24" stainless steel liner. Restore area to its original form, including fill dirt and floratam sod. ■ Sub total: $6,672.18 U. CONTRACT PRICE: The Client agrees to pay the Company for the services provided under this agreement as follows: Item Description Unit Cost or Hourly Rate Total Cost Lump Sum N/A $11,253.56 Unless stated otherwise above, payments are due in accordance with the standard terms and conditions of this Contract. Agreed to: (please initial) Pg. 1 of 4 STANDARD TERMS AND CONDITIONS Definitions. As used herein, the following terms shall have the following meanings: • "Change of law" the occurrence of any ofthe events listed in (i) through (iv) below, which results or can reasonably be expected to result in a direct increase to the Company's cost of providing the Services: (i) there is passed or promulgated any federal, state, or other local law, statute, ordinance, rule or regulation different from those existing on the date of the Contract; or (ii) there is passed or promulgated any amendment to, or change in, any federal, state, or other local law, statute, ordinance, rule or regulation (including any applicable sales tax regulation) following the date of the Contract; or (iii) there comes into existence an order or judgment of any federal, state, or local court, administrative agency or other governmental body following the date of the Contract containing interpretations of law relating to the provision of the Services by the Company that is inconsistent with generally accepted interpretations in effect on the date of the Contract; or (iv) (a) the imposition of any condition different from those existing on the date of the Contract on the issuance or renewal of any official permit, license or necessary approval related to the provision of the Services by the Company, or (b) there shall be a suspension, termination, interruption, revocation, denial or failure of renewal of any official permit, license or necessary approval related to the provision of the Services by the Company, including without limitation such of the foregoing as are issued or approved by the USEPA, the Occupational Safety and Health Administration or any local Environmental and/or Building Department; • "Client" means the party or parties identified as such in this Contract. In addition, the term "Client" specifically includes the parry or parties to whom the Company provides Services and the party or parties responsible for paying the Company for Services provided pursuant to this Contract; • "Contract" means these terms and conditions, any additional terms and conditions attached hereto and/or expressly incorporated herein directly or by reference including, without limitation, the Company's proposal to perform the Services to the extent such proposal is referenced or attached herein; • "Contract price" means the compensation to be paid by the Client to the Company in accordance with the terms of this Contract; • "Company" means Severn Trent Environmental Services, hhc. and its permissible successors and/or assigns. Any reference to actions taken or not taken by the Company shall include those actions taken or not taken on Company's behalf; • "Services" means the evaluation, rehabilitation and restoration services to be provided by the Company to the Client as identified in this Contract; • "Uncontrollable Circumstances" means any act, event or condition to the extent that it materially and adversely impacts the cost of performance of or materially and adversely affects the ability of the Company to perform the Services in accordance with the terms of the Contract if such act, event or condition, in light of any circumstances that should have been known or reasonably believed to have existed at the time, is beyond the reasonable control and is not a result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the Company. Such acts, events or conditions may include, but shall not be limited to, the following: (a) an act of God, landslide, earthquake, fire, explosion, flood, sabotage, or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection riot or civil disturbance; or (b) a Change of Law; or (c) the failure of any appropriate governmental agency or private utility to provide and maintain utilities required by the Company in order to perform the Services, etc. Construction of Agreement Whenever the context requires, the gender of all words used in this Contract includes the masculine, feminine, and neuter. All references to Articles and Sections refer to articles and sections of this Contract, and all references to Exhibits are to Exhibits attached to this all purposes. Captions, headings, cover pages, tables of contents and footnote instructions contained in this Contract are inserted only to facilitate reference and for convenience and in no way define, limit or describe the scope, intent or meaning of any provisions of this Contract. Words and abbreviations that have well known technical or trade meanings are used in this Contract in accordance with such recognized meanings. Offer to Contract. Company's proposal and the accompanying documents referred to under the definition of the term "Contract" herein (including the terms and conditions set forth herein) constitute an offer to contract which may be accepted by the client within thirty (30) days from the date hereof (or within such shorter or longer period of time, if any is specified in the Company's proposal) and only on the exact terms hereof. If additional or different terms are proposed by Client, such proposal or request shall constitute a counter offer which Company may, at its option, accept by written notice to the Client signed by the Company. This Contract shall not be binding on the Company unless it is executed by the Client and a duly executed copy is delivered to the Company within the period of time specified above. Entire Agreement. The terms and conditions set out herein arc the entire terms and conditions of this Contract and any prior or contemporaneous understandings or agreements, oral or written, are merged herein. There are no representations or warranties, agreements, or covenants other than those expressly set forth in this Contract. This Contract may be amended or modified andlor any right or obligation arising under this Contract may be waived from time to time only by a written instrument executed by the Client and the Company. The failure of the Company at any time to enforce any of the provisions of this Contract shaU not constitute a waiver of such provision. Quality of Work and Materials. All Services to be provided hereunder shall be performed by qualified personnel in accordance with professional standards. Company acknowledges that the Client is relying on the Company to use the effort, skill, diligence and quality control/quality assurance measures expected of a qualified professional firm perforating services of a similar nature to the Services to be performed by the Company pursuant W this Contract. Any materials famished by the Company shall be current, of merchantable quality and in compliance with any technical standards or specifications incorporated into this Contract. When certain materials are specified by a reference standard, Company may select any suitable commercially acceptable material meeting the standard. Compliance with Law. All parties shall comply with all applicable laws in performing their respective obligations hereunder. Contract Schedule. The date of completion provided in this Contract, if any, is approximate and is based upon prompt receipt by Company of all necessary information and data required to be supplied by the Client, and is subject to weather, groundwater conditions and unforeseen site conditions. Company will use all reasonable efforts to meet the stipulated completion date and completion of the Services within a reasonable time shall constitute the Company's full compliance with this Contract. Additional Work. (a) All additional labor, materials, tools, bonds, insurance, equipment, licenses, taxes, transportation, surveys, engineering, other professional services and any additional item provided by or on behalf of the Company as a result of Uncontrollable Circumstances (including a Change of Law) shall constitute additional work extending beyond the scope of the Services to he provided by Company hereunder. Company shall be compensated for all such additional work commensurate with the appropriate unit prices and/or hourly rates indicated in this contract and if no such prices or rates are provided, Company shall be compensated for the fair and equitable value of such additional work in an amount reasonably agreeable to the parties; (b) The parties may add, delete, modify, alter, or accelerate the Services to be performed hereunder, including without limitation, order changes to the Services, or require the Company to perform additional services but only through a duly executed change or field order. All change and field orders shall be in writing and require Litt signature and acceptance by Company prior to becoming effective. Unless agreed to otherwise by the Company, all such change and field orders shall reflect the parties' agreement regarding price and proposed completion date. Employee Safety. Company shall be responsible for the safety, efficiency and adequacy of its employees and any vehicles and/or machinery, equipment or materials famished or utilized by the Company during the performance of Services. Company, however, shall not assume any obligation or incur any liability for personal injury or property damage caused by (i) unsafe site conditions not created by the Company or by any of its agents, employees and subcontractors, (ii) work being performed by other parties not related to the Company, (iii) the negligence of the Client, and/or (iv) the negligence of any third party not related to the Company. Agreed to: (please initial) Pg. 3 of 4 Uncontrollable Circumstances. Any delay, default or termination in or of the performance of the Services by the Company hereunder caused directly or indirectly by Uncontrollable Circumstances shall not be deemed a breach of this Contract The occurrence of such event shall suspend the obligations of the Company as long as performance is delayed or threatened thereby, and the fees due hereunder shall be equitably adjusted. Ownership of Documents and Inventions. (a) All tracing, specifications, computations, notes and other original documents as instruments of service shall, following the full payment of the Contract Price, become the property of the Client, provided however that the Company shall be entitled to keep copies of same; (b) All inventions, discoveries and copyright in work of authorship, including those in formative stages, made by the Company (either alone or jointly with the Client) shall from the time of conception or, in the case of works of authorship, from the time of creation be the property of Company. Approval of Work. Services performed by Company shall be deemed approved and accepted by Client within a reasonable period of time (but in no event longer than thirty (30) days) after the Client has had the opportunity to review and/or inspect such services unless Client objects within such period of time by written notice specifically stating the details in which Client believes such services arc incomplete or defective_ Under all circumstances, final payment of the Contract Price shall be deemed as conclusive evidence that the Client has accepted all Services provided. Payment Terms. Unless specifically stated otherwise, all payments are due Net 30 days from the date of invoice. Any payment delayed beyond thirty (30) days from the specified due date, unless occasioned by fault of the Company, shall be subject to one and one -half percent (1.5119) per month interest on the unpaid balance. Taxes. Prices do not include sales, use, excise, ad valorem, property or other taxes now or hereafter imposed directly or indirectly, by any governmental authority or agency with respect to this Contract. Client shall pay directly or reimburse Company for any such taxes that the Company may be required to pay. If the Client is a tax- exempt entity, the Client shall provide the Company with proof of such exemption. Default and Termination. This Contract may be terminated by either party upon a seven (T) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, Company shall be paid for all services rendered and materials supplied (including materials specifically manufactured/made for the Client that have yet to be supplied) through the date of termination. For purposes of this section, the failure of the Client to pay Company in accordance with the payment terns of this Contract shall be considered such a substantial failure. In the event of a substantial failure on the part of the Client, Company, in addition to the right to terminate set forth in this paragraph, may also elect to suspend work until the default in question has been cured No delay or omission on the part of Company in exercising any right or remedy hereunder shall constitute a waiver of any such right or remedy on any future occasion. Indemnification. (a) Company agrees to indemnify and save harmless the Client from and against any claim, demands, suits, liabilities, losses and expenses incurred by the Client as a result of Company's negligence, misconduct, or breach of this Contract; provided, however, that in the event that both Client and Company are determined by a finding of fact to be negligent and the negligence of both is a proximate cause of such claim for damage, then in such event, Client and Company shall each be responsible for the portion of the liability equal to its comparative share of the total negligence; (b) Client agrees to indemnify and save harmless the Company from and against any damages suffered by the Company as a result of (i) the Client's negligence, misconduct, or breach of this Contract; or (ii) changes in plans or specifications made by the Client or others; or (iii) work performed by the Client or other contractors hired by the Client. Disclosure of Information and Cooperation of the Parties. (a) The Client represents and warrants that it will furnish the Company with all items, if any, described in this Contract in a diligent and timely manner; (b) The Client further represents and warrants that it has disclosed, and it will continue to disclose, any and all information it now has, or may have in the future, to the extent that such information is relevant to the Company in performing its duties and obligations hereunder; (c) Each party hereto agrees that it will cooperate in good faith with the other and its agents, employees, representatives, officers, contractors and subcontractors to facilitate the performance of the mutual obligations set forth in this Contract. No Third Party Beneficiaries. This Contract is entered into solely between, and may be enforced only by the Company and Client; and this Contract shall not be deemed to create any rights in third parties, including clients, suppliers, or customers of a party, or to create any obligations of a party to any such third parties. Restriction on Use of Reports. Any reports rendered under this Contract by the Company are prepared for their intended purposes only. Use of the reports and data contained therein for other purposes is at the Client's sole risk and responsibility. Notices. Whenever under this Contract one party is required or permitted to give notice to the other party, such notice shall be in writing and shall be delivered personally, sent by facsimile transmission, sent by nationally recognized express courier or sent by certified, registered, first class mail, postage prepaid, but not by electronic mail. Any such notice shall be deemed given when actually received when delivered either personally, by facsimile transmission or by express courier, or if mailed, on the fifth day after its mailing, postage prepaid to the recipient party. Governing Law. This Contract and performance under it shall be governed by and construed in accordance with the laws of the state in which the client's principal office is located. Venue for any action under this Contract shall be in the state court in the county in which the client's principal office is located. Severability. Each and every provision of taw and government regulation required by law to be inserted in this Contract shall be deemed to be inserted and this Contract shall read and shall be enforced as though so included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, this Contract shall he deemed to be amended to make such insertion or correction. If this Contract contains any unlawful provision. the same shall be deemed of no effect and shall, upon the application of either party, be deemed stricken from this Contract without affecting the binding force of the remainder. Company's Liability. In the event that claim(s) raised against the Company on account of this Contract, or on account of the Services performed hereunder, is/are covered under the Company's insurance policies, the Company shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance policies. With respect to any other cause of action and/or claim arising under this Contract, or otherwise arising as a result o1; or on account of, the Services provided hereunder, Company's total liability shall not exceed the Contract Price. Insurance. Company shall procure and maintain through the period of this Contract, at Company's own cost and expense (a) general liability insurance in the amount of not less than one million dollars ($1,000,000) combined single limit for personal injury and property damage; (b) errors and omissions insurance in an amount of not less than one million dollars ($1,000,000); and (c) worker's compensation insurance in accordance with all statutory requirements. Successors and Assigns. Neither Client or Company shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Contract without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Agreed to: (please initial) Pg. 4 of 4 E , Heritage Greens Community Development District Financial Report January 31, 2013 Prepared by HERITAGE GREENS Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet ............................ ............................... Page 1 Statement of Revenues, Expenditures and Changes in Fund Balances GeneralFund .......................... . ... I........................... Page 2 - 3 SUPPORTING SCHEDULES Non -Ad Valorem Special Assessments ........................... ............................... Page 4 Cash & Investment Report ........................... ............................... Page 5 SunTrust Bank Reconciliation ...... . .......................... I........................ Page 6 - 7 Check Register ... ........................... I........................... Page 8 - 10 HERITAGE GREENS Community Development District Financial Statements (Unaudited) January 31, 2013 HERITAGE GREENS Governmental Fund Community Development District Balance Sheet January 31, 2013 LIABILITIES Accounts Payable $ 2,803 Accrued Expenses 943 TOTAL LIABILITIES 3,746 FUND BALANCES GENERAL ACCOUNT DESCRIPTION FUND ASSETS 6,000 Cash - Checking Account $ -92,208 Investments: 7,500 Money Market Account 175,639 SBA Account 278 SBA Account - Restricted 348 TOTAL ASSETS $ 266,473 LIABILITIES Accounts Payable $ 2,803 Accrued Expenses 943 TOTAL LIABILITIES 3,746 FUND BALANCES Operating Reserves 30,000 Reserves - Drainage 6,000 Reserves - Fountains 5,500 Reserves- Irrigation System 7,500 Reserves - Roads and Sidewalks 16,201 Reserves - Signage 1,000 Reserves - Wall Painting 6,000 Reserves - Wall Replacement 12,786 Unreserved /Undesignated 179,740 TOTAL FUND BALANCES $ 264,727 TOTAL LIABILITIES & FUND BALANCES $ 268,473 Report Date: 2/4/2013 Prepared by: Severn Trent Management Services Page 1 HERITAGE GREENS General Fund Community Development District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending January 31, 2013 Report Date: 2/7/2013 Prepared by: Severn Trent Management Services Page 2 ANNUAL ADOPTED YEAR TO DATEYEAR TO DATE VARIANCE ($) JANUARY -13 ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL REVENUES Interest - Investments $ 400 $ 133 $ 107 $ (26) $ 38 Special Assmnts- Tax Collector 217,904 198,889 204,717 5,828 14,827 Special Assmnts- Discounts (8,716) (7,955) (7,724) 231 (143) Gate Bar Code /Remotes - - 220 220 80 TOTAL REVENUES 209,588 191,067 197,320 6,253 14,802 EXPENDITURES Administrative P!R -Board of Supervisors - 400 (400) 400 FICA Taxes - - 31 (31) 31 ProfServ- Engineering 750 250 - 250 ProfSery -Legal Services 3,500 1,168 193 975 ProfSery -Mgmt Consulting Sery 35,895 11,965 11,965 - 2,991 ProfS erv- Property Appraiser 3,269 3,269 - 3,269 - ProfServ- Special Assessment 5,463 5,463 5,463 - ProfServ-Web Site Development 650 650 119 531 - Auditing Services 3,200 2,500 3,200 (700) 2,700 Communication - Telephone 50 16 - 16 - Postage and Freight 500 168 265 (97) 52 Insurance - General Liability 7,000 7,000 7,615 (615) - Printing and Binding 1,500 500 355 145 124 Legal Advertising 1,200 400 182 218 - Misc - Bank Charges 500 168 177 (9) 56 Misc - Assessmnt Collection Cost 4,358 3,978 3,738 240 92 Office Supplies 300 100 6 94 6 Annual District Filing Fee 175 175 175 - Total Administrative 68,310 37,770 33,884 3,886 6,452 Public Safety Contracts - Security Services 48,000 16,000 15,625 375 4,526 Contracts -HVAC 350 116 - 116 - Contracts - Sheriff 3,000 1,000 808 192 255 Communication - Telephone 1,500 500 410 90 102 Electricity - Entrance 2,200 733 709 24 179 Utility - Water & Sewer 900 300 234 66 38 Report Date: 2/7/2013 Prepared by: Severn Trent Management Services Page 2 HERITAGE GREENS General Fund Community Development District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending January 31, 2013 ACCOUNT DESCRIPTION Lease - Carts R &M -Gate R &M- Gatehouse Op Supplies - Transmitters Op Supplies - Gatehouse Cap Outlay - Equipment Total Public Safety Landscape Contracts- Landscape Contracts - Preserve Management Electricity - Irrigation R &M- Renewal and Replacement R &M- Canals R &M- Fountain R &M- Grounds R &M- Irrigation R &M- Preserves Misc - Special Projects Total Landscape Road and Street Facilities Electricity - Streetlighting R &M- Drainage R &M -Roads & Alleyways R &M- Sidewalks Traffic Signage Rehabilitation Reserve - Roadways Total Road & Street Facilities ANNUAL ADOPTED YEAR TO DATEYEAR TO DATE VARIANCE ($) JANUARY -13 BUDGET BUDGET ACTUAL FAV(UNFAV) ACTUAL 1,500 750 - 750 - 4,352 1,451 158 1,293 158 1,500 500 203 297 53 - - 198 (198) 198 250 84 248 (164) 167 6,726 2,241 - 2,241 (198) 70,278 23,675 18,593 5,082 5,478 18,000 6,000 5,975 25 1,560 2,000 1,000 880 120 - 2,000 668 735 (67) 193 1,500 500 - 500 - 2,600 - - 900 300 1,080 (780) 305 8,500 2,833 - 2,833 - 2,500 833 833 - 500 167 - 167 - 4,000 1,333 218. 1,115 - 42,500 13,634 8,888 4,746 2,058 11,000 3,667 2,926 741 803 2,500 833 - 833 - 2,000 668 360 308 - 1,750 584 - 584 - 1,250 417 417 10,000 10,000 10,000 - 28,500 16,169 3,286 12,883 803 TOTAL EXPENDITURES 209,588 91,248 64,651 26,597 14,791 Net change in fund balance $ - $ 99,819 $ 132,669 $ 32,850 $ 11 FUND BAL, BEGINNING (OCT 1, 2012) 132,058 132,058 132,058 FUND BALANCE, ENDING $ 132,058 $ 231,877 $ 264,727 Report Date: 2/7/2013 Prepared by: Severn Trent Management Services Page 3 HERITAGE GREENS Community Development District Supporting Schedules January 31, 2013 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Non -Ad Valorem Special Assessments Collier County Tax Collector - Monthly Collection Report For the Fiscal Year ending September 2013 Date Received Net Amount Received Discount / (Penalties) Amount Collection Costs Gross Amount Received Assessments Levied FY 2013 $ 217,904 Allocation % 100% 11/07/12 , $ 1,247.06 $ 71.30 $ 25.45 $ 1,343.81 11/14/12 $ 23,340.07 $ 992.40 $ 476.33 $ 24,808.80 11/29/12 $ 44,346.14 $ 1,885.56 $ 905.02 $ 47,136.72 12/13/12 $ 109,729.78 $ 4,632.20 $ 2,239.38 $ 116,601.36 01/04/13 $ 4,520.17 $ 142.60 $ 92.25 $ 4,755.02 01/31/13 $ 10,071.56 N/A N/A $ 10,071.56 TOTAL $ 193,255 $ 7,724 $ 3,738 $ 204,7171 % Collected 93.95% TOTAL OUTSTANDING $ 13,187 Report Date: 2/4/2013 Page 4 HERITAGE GREENS All Funds Community Development District Cash and Investment Report January 31, 20 ?3 General Fund Account Name Bank Name Investment Type Maturi Yield Balance Checking Account - Operating SunTrust Bank n/a n/a 0.10% $91,208 Checking Account - Operating Bank United n/a n/a 0.00% $1,000 Operating Acct SBA n/a n/a 0.22% $278 Operating Acct (Restricted) SBA n/a n/a 0.00% $348 Money Market Account Bank United Business MMA n/a 0.45% $175,639 Total $268,473 Report Date: 2/4/2013 Prepared By: Severn Trent Management Services Page 5 Heritage Greens CDD Bank Reconciliation Bank Account No. 9920 Statement No. 01 -13 Statement Date 01/31/13 G/L Balance ($) 91,207.56 Statement Balance 220,130.53 GIL Balance 91,207.56 Outstanding Deposits 0.00 Positive Adjustments 0.00 , Subtotal 220,130.53 Subtotal 91,207.56 Outstanding Checks 128,922.97 Negative Adjustments 0.00 Total Differences 0.00 Ending GIL Balance 91,207.56 Ending Balance 91,207.56 Difference 0.00 Posting Cleared Date Document Type Document No. Description Amount Amount Difference Checks 12/26/12 Payment 2560 COLLIER COUNTY UTILITY BILLING 63.20 63.20 O.CO 12/26/12 Payment 2561 FEDEX 7.55 7.55 0.00 12/26/12 Payment 2562 KENT OF NAPLES 892.00 892.00 0.00 12131/12 Payment 2563 COLLIER COUNTY SHERIFF'S OFFICE 127.50 127.50 0.00 12/31112 Payment 2564 FEDEX 7.55 7.55 0.00 12/31/12 Payment 2565 NAPIER ENTERPRISES INC 200.00 200.00 0.00 01/04/13 Payment 2566 ADVANCED POWER ELECTRICAL CONTRACTORS 150.00 150.00 0.00 01/04/13 Payment 2567 CENTURY LINK 102.66 102.66 0.00 01/04/13 Payment 2568 FPL 409.53 409.53 0.00 01/04/13 Payment 2569 KENT OF NAPLES 1,850.00 1,850.00 0.00 01/04/13 Payment 2570 PJM LAWN SERVICE 1,555.00 1,555.00 0.00 01/04/13 Payment 2571 RAYMENT POOLS LLC 75.00 75.00 0,00 01/04/13 Payment 2572 RON PARROTT - 80.69 60.69 0,00 01/04/13 - Payment 2573 SEVERN TRENT ENVIRONMENTAL SERVICES 8,951.15 8,951.15 0,00 01/14/13 Payment 2574 COLLIER COUNTY SHERIFF'S OFFICE 255.00 255.00 0.00 01114/13 Payment 2575 FPL 713.83 713.83 D.00 01114/13 Payment 2576 GRAU & ASSOCIATES 2,700.00 2,700.00 0.00 01/14/13 Payment 2577 KENT OF NAPLES 958.00 958.00 0.00 01/22/13 Payment 2578 ADVANCED POWER ELECTRICAL CONTRACTORS 230.00 230.00 0.00 01/22/13 Payment 2579 COLLIER COUNTY UTILITY BILLING 50.78 50.78 0.00 01/22/13 Payment 2580 KENT OF NAPLES 892.00 892.00 0.00 01/30113 Payment 2587 KENT OF NAPLES 1,784.00 1,784.00 0.00 Total Checks .. . ... ...... . . .. . . .. . .. . . . . . .... . .... . .... ... . ... .. ... 22,055.44 22,055.44 0.00 Deposits 01/04113 ACH CREDIT COLLIER CTY:ASSMNTS RCVD THRU 12127/12 4,520.17 4,520.17 O.OD 01/22/13 ACH DEBIT SUNTRUST MONTHLY ANALYSIS FEE -DEC 2012 -55.81 -55.87 0.00 01/25/13 DEP00047 CLICKER SALES 80.00 80.00 0.00 Page 6 Heritage Greens CDD Bank Reconciliation Posting Payment 2581 Date Document Type Document No. Description Deposits RONALD C. PARROTT 01/30113 Deposits 2583 CENTURY LINK 01/28/13 ACH DEBIT IRS USATAXPYMT -RON PARROTT 01/29/13 ACH DEBIT IRS USATAXPYMT -RON PARROTT 01/31/13 ACH CREDIT SUNTRUST INTEREST INCOME -JAN 2013 01/31/13 JE000339 Collier Cty ACH dep -no details available at this time Total Deposits . .. . Outstanding Checks 01/23/13 Payment 2581 RONALD C. PARROTT 01/28/13 Payment 2582 RONALD C. PARROTT 01/30113 Payment 2583 CENTURY LINK 01/30113 Payment 2584 FEDEX 01/30/13 Payment 2585 HERITAGE GREENS CDD 01/30/13 Payment 2586 JAMES MARSHALL 01/30113 Payment 2588 RON PARROTT 01/30113 Payment 2589 SEVERN TRENT ENVIRONMENTAL SERVICES Total Outstanding Checks 128,922.97 Page 7 Cleared Amount Amount Difference -80.60 -80.60 0.00 -80.60 -80.60 0.00 18.55 18.55 0.00 10,071.56 10,071.56. 0.00 14,473.27 14,473.27 0100 134.70 0.00 134.70 134.70 0.00 134.70 102.18 0.00 102.18 8.31 0.00 8.31 125,000.00 0.00 125,000.00 167.29 0.00 167.29 52.69 0.00 52.69 3,323.10 0.00 3,323.10 128,922.97 Page 7 U C E � Q Q► o V � � O 3 .` E d 0 = U Page 8 7; C '' a E mCL � C W ct0 d G IL E y Cl) 0 v` N a) m r a co of O O c0 [O O M O ty try 0 O O O p p 0 O 0 O 0 (O N N o Lo o o N <O W N 7 O ^ o O LO O C �i O n M p V) Of In U7 V1 r FA m FA O) V M m .-- (O y) n r F 7 S fA (fl fA 64 fA to N M Vi Vf Ea m cq M LL N EA cry Z Z Z Z Z Z LL z O w�! 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