Poinciana Community Development District

Agenda Package August 21, 2019

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Poinciana
Community Development District

135 W. Central Blvd., Suite 320, Orlando, Florida 32801
Phone: 407-841-5524- Fax: 407-839-1526

August 14, 2019

Board of Supervisors Poinciana Community Development District

Dear Board Members:

The Board of Supervisors of Poinciana Community Development District will meet Wednesday, August 21, 2019 at 11:00 AM at the Starlite Ballroom, 384 Village Drive, Poinciana, FL. Following is the advance agenda for the meeting:

Roll Call
Pledge of Allegiance
Public Comment Period on Agenda Items
Approval of Minutes of the June 19, 2019 Meeting
Consideration of Proposal from Clarke Environmental to Provide Additional Aquatic Midge Control Services
Ratification of Pond Repair Agreement with All Terrain Tractor Service, Inc.
Ratification of Erosion Repair Agreement with Lake & Wetland Management Orlando,
Inc.
Consideration	of	Resolution	2019-11	Adopting	Revised	Master	Assessment Methodology
Public Hearing
Consideration of Resolution 2019-12 Adopting the Fiscal Year 2020 Budget and Relating to the Annual Appropriations
Consideration	of	Resolution	2019-13  Imposing  Special	Assessments	and Certifying an Assessment Roll
Staff Reports
Attorney
Ratification of Motion for Substitution of Counsel
Engineer
District Manager
Approval of Check Register
Balance Sheet and Income Statement
Approval of Fiscal Year 2020 Meeting Schedule
Field Manager
Field Manager's Report
Customer Complaint Log
Supervisor's Requests
Other Business
General Audience Comments
Next Meeting Date - September 18, 2019
Adjournment

The second order of business is the reciting of the Pledge of Allegiance.

The third order of business is the Public Comment Period where  the public has an  opportunity to be heard on propositions coming before the Board as reflected on the agenda, and any other items.

The fourth order of business is the approval of minutes from the June 19, 2019 meeting. The minutes are enclosed for your review.

The fifth order of business is the discussion and consideration of proposal from Clarke Environmental to provide additional aquatic midge control services. The proposal is enclosed for your review.

The sixth order of business is the ratification of the pond repair agreement with All Terrain Tractor Service, Inc. A copy of the agreement is enclosed for your review.

The seventh order of business is the ratification of the erosion repair agreement with Lake &
Wetland Management Orlando, Inc. A copy of the agreement is enclosed for your review.

The eighth order of business is the consideration of Resolution 2019-11 adopting an amended assessment methodology. A copy of the Resolution and methodology will be provided under separate cover.

The ninth order of business opens the public hearing for the Fiscal Year 2020 budget and assessments. Section A is the consideration of Resolution 2019-12 adopting the Fiscal Year 2020 budget and relating to the annual appropriations. A copy of the  Resolution  and  proposed budget are enclosed for your review. Section B is the consideration of Resolution 2019-13 imposing special assessments and certifying an assessment roll. A copy of the Resolution is enclosed for your review and a copy of the assessment roll will be available at the meeting for review.

The tenth order of business is Staff Reports. Section A is the Attorney's Report. Sub-Section 1 includes a copy of the Motion for Substitution of Counsel for your review. Section C is the District Manager's Report. Sub-Section 1 includes the check register for approval and Sub­ Section 2 includes the balance sheet and income statement for your review. Sub-Section 3 is the approval of the Fiscal Year 2020 meeting schedule. A sample meeting notice is enclosed for your review. Section D is the Field Manager's Report. The report containing the monthly treatment reports is enclosed for your review. Sub-Section 2 includes the customer complaint log for review.

The balance of the agenda will be discussed at the meeting. In the meantime, if you have any questions, please contact me.

Sincerely,

George S. Flint District Manager

CC:	Jan A. Carpenter, District Counsel Kathleen Leo, District Engineer Clayton Smith, Field Manager Darrin Mossing, GMS

Enclosures

M INUTES

MINUTES OF MEETING POINCIANA
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Poinciana Community Development District was held on Wednesday, June 19, 2019 at 11:00 a.m. in the Starlight Ballroom, 384 Village Drive, Poinciana, Florida.

Present and constituting a quorum were:

Lita Epstein Michael Luddy Robert Zimbardi Tony Reed
Elizabeth Lambrides

Chairman
Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary

Also present were:

George Flint Jan Carpenter Kathy Leo Clayton Smith
Clarke Representative Residents

District Manager District Counsel District Engineer Field Manager

The following is a summary of the discussions and actions taken at the June 19, 2019 Poinciana Community Development District's Board of Supervisors Meeting.

FIRST ORDER OF BUSINESS	Roll Call
Ms. Epstein called the meeting to order and all Board Members identified themselves. A quorum was established.

SECOND ORDER OF BUSNESS
The Pledge of Allegiance was recited.

THIRD ORDER OF BUSINESS

Pledge of Allegiance

Public Comment Period on Agenda Items

Ms. Epstein asked for any public comments. There being no other comments, the public comment period was closed.

June 19,2019	Poinciana CDD

FOURTH ORDER OF BUSINESS	Approval of Minutes of the May 15, 2019
Ms. Epstein presented the minutes of the May 15, 2019 meeting and asked for any changes, comments, or deletions.
Ms. Carpenter advised on page two the word "plot" should be "plat" and gave a couple changes to Mr. Flint to incorporate into the final minutes.
Ms. Epstein clarified the sentence on page five, which should be, "I did not feel comfortable making a decision on a settlement of $35,000 without the full Board present."

On MOTION by Mr. Reed seconded by Mr. Zimbardi with all in favor, the minutes of the May 15, 2019 meeting were approved, as amended.

FIFTH ORDER OF BUSINESS	Review and Acceptance of Draft Fiscal
Year 2018 Audit Report
Mr. Flint discussed the draft Fiscal Year 2018 Audit Report. The report needs to be sent  to the State of Florida by June 30th of each year. There were no current year or prior  year  findings or recommendations. They have concluded that we have complied with all of the provisions of the Auditor General of the State of Florida. It is a clean audit.

On MOTION by Mr. Reed seconded by Mr. Luddy all in favor the Draft Fiscal Year 2018 Audit Report was accepted.

SIXTH ORDER OF BUSINESS

Consideration	of	Renewed	Offer	of Settlement of Motion to Tax Costs

Ms. Carpenter discussed the background information for the case. They have sent in a  new offer of $54,146.66 and they are looking at 70% under the interlocal agreement, which is
$38,178.81. It may be smart for the Board to wait until we get the discovery. You can turn this down and see what the actual invoices are first.

On MOTION by Mr. Lambrides seconded by Mr. Reed with all in favor, to turn down the renewed offer of settlement of Motion to Tax Costs, was approved.

On MOTION by Mr. Lambrides seconded  by Mr. Luddy with all  in favor, to not consider any settlement until discovery responses are received was approved.

June 19, 2019	Poinciana COD

SEVENTH ORDER OF BUSINESS	Consideration   of  Proposal   from Clarke
Environmental	to	Provide	Additional Aquatic Midge Control Services
Mr. Smith presented the proposal from Clarke Environmental to provide aquatic midge control services on pond 85 for a cost of $600 per month. He advised that there is currently no midge treatment on pond 85. A resident complained on the customer complaint log about the midges. Clarke Environmental came out and did two courtesy treatments about two weeks apart. No other complaints have been made since the treatments. Mr. Zimbardi believes the condition of the pond is the reason why the midges are there. Staff will first verify whether pond BS is a CDD pond or not and whether a quit claim deed was received for it or not. A representative from Clarke Environmental advised the pond is on the aquatic weed contract but not the midge contract. The representative and Tony will take a closer look at the midge problem with  this pond and this item will be brought back for discussion at the next Board meeting.

EIGHTH ORDER OF BUSINESS	Discussion of Proposed Fiscal Year 2020
Budget
The proposed Fiscal Year 2020 budget was discussed at the last meeting, but it was put back on the agenda in case anyone had additional questions, comments or concerns. Mr. Flint revised the budget since the last meeting and emailed it to everyone. An adjustment was made to eliminate the Developer subsidy and to remove any carry forward surplus and adding anticipated expenses in regard to the 10 additional ponds. The current assessment is $151.18 but because of the adjustments being made, there would be an increase of $32.86. There was a lot of discussion about establishing a capital reserve fund to start saving for future capital replacements. Mr. Flint will get a quote from Florida Insurance Alliance for public risk insurance. The narrative section for District Counsel should be amended to reflect the new firm. Engineering fees were discussed. The District Manager recommended amending the proposed budget to incorporate the changes discussed. A mailed notice will be sent to all residents, along with a separate letter explaining the changes being proposed in the budget.

On MOTION by Mr. Zimbardi seconded by Mr. Reed with all in favor to Resolution 2019-10 Amending the Proposed Budget for Fiscal Year 2020 was approved.

NINTH ORDER OF BUSINESS	Staff Reports

June 19, 2019	Poinciana COD

Attorney
Ms. Carpenter discussed the settlement of the funding agreement. At the last meeting the Board agreed to pay the cost through which is December 31, 2018. Documentation was sent to them supporting those costs and changes were received back from them. They have agreed to pay the costs and they have also agreed to pay the construction costs. GMS will provide an updated invoice to them.

Engineer
Ms. Leo discussed a follow up about the plat from the last meeting. There were a couple of errors in it where the tract ownership was not appropriate. Those corrections were made, and the Chair signed off on the plat.

District Manager
Approval of Check Register
Mr. Flint presented the Check Register from May 8th through June 11th in the amount of
$48,150.53. The Board had no questions.

On MOTION by Mr. Zimbardi seconded by Mr. Reed with all in favor the check register, was approved.

Balance Sheet and Income Statement
Mr. Flint presented the unaudited financial statements through May 31, 2019. The Board had no questions. Mr. Zimbardi asked about the difference between landscape maintenance and repairs and maintenance plant replacement. Mr. Flint explained the landscape maintenance line item is for a contract with a specified scope with a vendor but in addition to that, if we choose to do any plant replacement, we budget that under a separate line item. Mr. Zimbardi asked if the
$143,000 line item was the same amount as last year. Mr. Flint advised there is $155,000 in the budget for next year.

On MOTION by Mr. Luddy seconded by Mr. Reed with all in favor, the balance sheet and income statement, was accepted.

Field Manager
Field Manager's Report

June 19, 2019	Poinciana CDD

Mr. Smith gave a brief report to the Board. There was discussion on why the fuses keep blowing. Clayton will get with the manufacturer on the issue.

Customer Complaint Log
Mr. Smith discussed the customer complaint log. There were a couple of  algae complaints, but they have been addressed.

TENTH ORDER OF BUSINESS	Supervisor's Requests
Mr. Zimbardi suggested having a blog on the District's website. Mr. Flint advised that because of ADA guidelines on the websites, that cannot be done. Ms. Carpenter explained the District would run into Sunshine Law issues, a lot of maintenance and expense. Staff will look into adding an email address link next to the announcement of the next meeting for people that may have comments or concerns.
Mr. Reed suggested Taylor Morrison attend the Board meetings and make presentations on what they are asking the Board to approve. Mr. Flint sent an email to Taylor Morrison about someone attending the meetings and they agreed they would attend but a follow up will be done to see why a representative didn't attend.

ELEVENTH ORDER OF BUSINESS
There being none, the next item followed.

Other Business

TWELTH ORDER OF BUSINESS	General Audience Comments
Ms. Ott (377 Acadia Drive) expressed concern about the algae in the pond by her house. The Board clarified for a homeowner that CDD meeting dates are announced on the District's website. Homeowners should also be receiving email notifications of the Board meetings.

THIRTEENTH ORDER OF BUSINESS	Next Meeting Date - July 17, 2019
The next meeting is scheduled to be held on July 17, 2019 at 11:00 a.m.

FOURTEENTH ORDER OF BUSINESS	Adjournment

June 19, 2019	Poinciana CDD

On MOTION by Mr. Reed seconded by Mr. Zimbardi with all in favor the meeting was adjourned.

Secretary/Assistant Secretary	Chairman/Vice Chairman

S	ECTION V

Clayton,

The price for midge control on pond B-5 is as follows:

$600 per month.

Please contact me with any questions. Thanks!

Pete

Pete Deglomine

Control Consultant

C O(l<e

Mobile: 407-509-1004

odeqlomine@clarke.com 

CONFIDENTIALITY--This message (including any attachments)  contains  confidential  information. It is intended solely for  the use of  the  individual or entity to whom it  is addressed and others authorized to receive it. If  you  are not the intended  recipient,  you are hereby  notified that any disclosure, copying,  distribution,  or taking of any  action in reliance on the contents of this information is strictly prohibited and you are requested to delete all copies and to notify the sender that you received this message in error.

Go Green: Do it now! NOW!

POND REPAIR AGREEMENT
(POINCIANA COD)

THIS POND REPA:Ql AGREEMENT ("Agreement") is made and enter into effective as  of  the	day   of	, O19 (the "Effective Date"), between the POINCIANA COMMUNITY DEVELOPMENT DISTRICT (hereinafter referred to as the "District"), a local unit of special purpose government created under Chapter 190, Florida Statutes, whose mailing address is c/o Governmental Management Services - CFL, LLC, 135 W. Central Boulevard, Suite 320, Orlando, Florida 32801, and ALL TERRAIN TRACTOR SERVICE, INC., a Florida corporation (hereinafter referred to as "Contractor"), whose address is 949 Shadick Drive, Orange City, Florida 32763

W IT  N E S SET   H:

Subject to and upon the terms and conditions of this Agreement and in consideration of the mutual promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the District and Contractor agree as follows:

DEFINITIONS.

Ag reement. The Agreement consists of this Pond Repair Agreement and All Terrain Tractor Service, lnc.'s Proposal. The Agreement represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representation or agreements, either written or oral. The Agreement may be amended or modified only as set forth below in Article 14.

Services. The term Services as used in this Agreement  shall  be construed to include all Services set forth in Exhibit I, the removal and replacement in accordance with the Proposal in Exhibit I and all obligations of Contractor under this Agreement, including any addenda or special conditions.

SCOPE OF WORK.

A description of the nature, scope and schedule of services  to  be  performed by Contractor under this Agreement shall be as follows: Installation as described in Exhibit I, attached hereto and incorporated herein by reference.

The following List of Exhibits, all of which are attached hereto and incorporated herein, is applicable to the Services :

1.	Exhibit I, Proposal

COMMENCEMENT OF SERVICES. Contractor shall commence its Services immediately upon receipt of a Notice to Proceed sent by the District Manager, as defined below, and shall perform the same in accordance with any schedules set forth in the Agreement.

Poinc1anu Community Development District Pond Repair- All Terrain Tractor Service 2019

DISTRICT MANAGER.

The District's authorized representative (herein referred to as the "District Manager") shall be the District Manager of the District, which is Governmental Management Services - CFL, LLC, whose mailing address is 135 W. Central Boulevard, Suite 320, Orlando, Florida 3280 I Attention: George Flint; provided, however, that the District may, without liability to the Contractor, unilaterally amend this Article from time to time by designating a different person or organization to act as its representative and so advising the Contractor in writing, at which time the person or organization so designated shall be the District's representative for the purpose of this Agreement.

All actions to be taken by, all approvals, notices, consent, directions and instruction to be given by, all notices and other matters to be delivered to, all determinations and decisions to be made by and, in general, all other action to be taken by, or given to, the District shall be taken, given, and made by, or delivered or given to the District Manager in the name of and on behalf of the District; provided, however, that the District (and  not the District  Manager  or any other agents of the District) shall be solely obligated to the  Contractor  for all  sums required to be paid by the District to the Contractor hereunder.

COMPENSATION AND PAYMENTS.

The District agrees to pay Contractor for the Services, as set forth herein and in Exhibit I. All payments by the District to Contractor shall be subject to review, and approval by the District, including, but not limited to the District Engineer.

Work Authorizations shall mean orders or directives issued by the District. Work Authorizations shall be issued for repairs or emergency services, changes to the scope of the area in which services are required, or for any services beyond those set forth in Article 2. Services performed under a Work Authorization may be paid either on a lump sum basis, a unit price basis, or a time and material basis in the District's sole discretion. Contractor shall not be entitled to compensation For Services outside the scope of Article 2 unless Contractor has obtained prior written authorization of District to perfonn the same.

District retains the right to reduce any portion of Contractor's Scope of Work as set forth in Article 2. Should this occur, a revised Scope of Work will be agreed upon in writing by both District and Contractor.

REPRESENT ATAT IO NS. WARRANTIES AND COVENANTS.

Contractor hereby represents to District that: (i) it has the experience, qualifications  and  skill  to  perform  the  Services  as  set  forth  in   this  Agreement;  (ii)  it  is  duly lice nsed· and permitted to observe and perform the terms,  covenants,  conditions  and  other  provisions on its part to be observed or performed under this Agreement; (iii) has the necessary equipment, materials and inventory required to perfonn the Services as set forth in this

Poinciana Community Development District
Pond Repair• All Terrain Tractor Service

Agreement; (iv) it has by careful examination satisfied itself as to: (a) the nature, location and character of the area in which the Services are to be performed including, without limitation, the surface conditions of the land and all structures and obstructions thereon, both natural and manmade, the surface water conditions of the area, and to the extent pertinent, all  other conditions; and (b) all other matters or things which could in any manner affect  the performance of the Services.

The Contractor warrants to the District that all materials furnished under this Agreement shall be new unless otherwise specified, and that all Services shall be of good quality, free from faults and defects and in conformance with the Agreement Documents.

EMPLO YEES : INDEPENDENT CONTRACTOR STATUS.

All matters pertaining to the employment, supervision, compensation, insurance, promotion and discharge of any employees of Contractor or of entities retained by Contractor are the sole responsibility of Contractor. Contractor shall fully comply with all applicable acts and regulations having to do with workman's compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer­ employee related subjects.  Contractor shall obtain, for each  individual  Contractor employs on  the District's premises at any time, a criminal background check performed by an appropriate federal or state agency, or by a professional and licensed private investigator, and shall make, based on the results of such background checks, employment suitability determinations for each employee that are reasonable and customary within the Contractor's industry. Contractor shall maintain copies of said background checks on file so long as the subject individual(s) remains in
..	Contractor's  employ,  and  Contractor  shall  make all  background  checks available  for District's
review  upon  request.	Contractor   shall  enforce  strict  discipline  and   good   order  among its
employees on the District's premises.

Contractor is an independent contractor and not an employee of  the District. It is further acknowledged that nothing herein shall be deemed to create or establish a partnership or joint venture between the District and Contractor. Contractor has no authority to enter into any contracts or contracts, whether oral or written, on behalf of the District.

COMPLIANCE WITH LAWS . REGULAT IO NS, RULES AND POLICIES.

At all times, Contractor shall operate in accordance with all  applicable laws, statutes, regulations, rules, ordinances, policies, permits and orders.

Contractor hereby covenants and agrees to comply with all the rules, ordinances and regulations of governmental authorities wherein the District's  facilities  are located, as said rules, etc. may specifically relate to Contractor or  its  services  provided hereunder, at Contractor's sole cost and expense, and Contractor will take such action as may be necessary to comply with any and all notices, orders or other requirements affecting the services described herein as may be issued by any governmental agency having jurisdiction over Contractor, unless specifically instructed by the District that it intends to contest such orders or

Poinciana Community Development D1stricl Pond Repair - All Terrain Tractor Service

requirements and that Contractor shall not comply with the same. Contractor shall provide immediate notice to the District of any such orders or requirements upon receipt of same.

The District is a local unit of special purpose government created in accordance with the Uniform Community Development District Act of 1980, Chapter  190, Florida Statutes. Contractor agrees to comply with all applicable requirements of the "Sunshine Law," the "Public Records Law," the Community Development Districts Law, and all other statutes and regulations applicable to Contractor.

WORKPLACE ENVIRONMENT AND PUBLIC SAFETY

Contractor agrees to provide a safe and healthy workplace environment for its employees and agents and a safe and healthy environment for the public at  all  times. Contractor shall promptly correct any unsafe condition or health hazard in its control and shall immediately report any such condition to the District).  In addition  to all other  requirements of this Agreement, Contractor shall comply with all federal, state and local laws and regulations related to health and safety. Further, Contractor acknowledges that all vehicles and  equipment must be properly and safely operated and, where applicable, licensed and/or permitted, to operate on public roadways. Contractor acknowledges that it is responsible for public safety issues including but not limited to: proper work methods, use of protective  equipment,  safe maintenance, traffic control through work zones, and handling and use of materials, vehicles, and equipment.

The Contractor agrees that it alone bears the responsibility for providing a safe and healthy workplace, and that nothing in this Agreement suggests that the District has undertaken or assumed any part of that responsibility.

Contractor will provide employees with training to perform their jobs safely, including instruction in proper work methods, use of protective equipment, and safe maintenance, handling and use of materials, vehicles, and equipment. Contractor will not ask or allow any employee to operate any vehicle or equipment until the employee has received all relevant and advisable training.

Contractor will furnish, at its expense, all safety and protective equipment required or advisable for the protection of employees.

PUBLIC RECORDS AND OWNERSHIP OF BOOKS AND RECORDS.

Contractor understands and agrees that all documents of any kind relating  to this Agreement may be public records and, accordingly, Contractor agrees to comply with all applicable provisions of Florida public records law, including but not limited to the provisions of Chapter 119, Florida Statutes. Contractor acknowledges and agrees that the public records custodian of the District is the District Manager, which is currently Governmental Management Services - CFL, LLC (the "Public Records Custodian"). Contractor  shall,  to  the  extent applicable by law:

Poincinna Community Development District Pond_ Repair - All TclTllin Tractor Service

Keep and maintain public records required by District to perform services.

Upon request by District, provide District with the requested  public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes;

Ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except  as authorized  by  law for the duration of the Agreement term and following the Agreement term if the Contractor does not transfer the records to the Public Records Custodian of the District; and

Upon completion of the Agreement, transfer to District, at no cost, all public records in District's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws.

IF THE CUSTOMER  HAS  QUESTIONS  REGARDING  THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS'S DUTY TO PROVIDE PUBLIC RECORDS  RELATING TO THIS AGREEMENT, CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC    RECORDS    AT    407-841-5524,    OR    BY    EMAIL     AT GFLINT @GMSCF L.COM OR BY REGULAR MAIL AT 135 W. CENTRAL BOULEVARDS, SUITE 320, ORLANDO, FLORIDA  32801,  ATTN: DISTRICT PUBLIC RECORDS CUSTODIAN.

INSURANCE.

Contractor shall, throughout the performance of its services  pursuant  to this Agreement, maintain at a minimum:

Occurrence based comprehensive general liability insurance (including broad form contractual coverage), with  a minimum  limit of $1,000,000 single  limit per occurrence, protecting it and District from claims for bodily  injury  (including  death), property damage, contractual liability, products liability and personal injury which  may arise  from or in connection with the performance of Contractor's services  under this Agreement  or from or out of any act or omission of Contractor, its officers, directors, agents, and employees;  and

Workers' compensation insurance as required by applicable law (or employer's liability insurance with respect to any employee not covered by workers' compensation) with minimum limits of One Hundred Thousand Dollars ($100,000) per occurrence; and

Employers liability, with a minimum coverage level of$ I ,000,000.

Poinciana Community Development District Pond Repa ir- All Terrain Tractor Scn•ice

All such insurance required in Paragraph 11 (a) shall be with companies and on forms acceptable to District and shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days prior written notice thereof is furnished to District; the insurance required under paragraph 11(a)(i) shall name the District as an additional insured. Certificates of insurance (and copies of all policies, if required by the District) shall be furnished to the District. In the event of any cancellation or reduction of coverage, Contractor shall obtain substitute coverage as required under this Agreement, without any lapse of coverage to District whatsoever.

SOVEREIGN IMMUNITY. Nothing contained herein, or in the Agreement, or in the Terms and Conditions, shall cause or be construed as a waiver of the District's immunity or limitations on liability granted pursuant to section 768.28, Florida SJalUles, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which could otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

INDEMNIFICATION. Contractor agrees to indemnify, save harmless and defend the District, its officers, directors, board members, employees, agents and assigns, from and against any and all liabilities, claims, penalties, forfeitures, suits, legal or administrative proceedings, demands, fines, punitive damages, losses, liabilities and interests, and any and all costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees, which shall include fees incurred in any administrative, judicial or appellate proceeding) which the District, their officers, directors, board members, employees, agents and assigns, may hereafter incur, become responsible for or pay out to the extent arising out of (i) Contractor's breach of any term or provision of this Agreement, or (ii) any negligent or intentional act or omission of Contractor, its agents, employees or sub-contractors, related to or in the performance of this Agreement.

MODIF ICATIONS, ADDITIONS OR DELETIONS TO THE SERVICES.

A Work Authorization shall be in writing by the District, which shall consist of additions, deletions or other modifications to the Agreement.

The District may, from time to time, without affecting the validity of the Agreement, or any term or condition thereof, issue Work Authorizations which may identify additional or revised Scope of Services, or other written instructions and orders, which shall be governed by the provisions of the Agreement. The Contractor shall comply with all such orders and instructions issued by the District. Upon receipt of any Work Authorization, the Contractor shall promptly proceed with the work, and the resultant decrease or increase in the amount to be paid the Contractor, if any, shall be governed by the provisions of Article S in this Agreement.
PROTECTION OF PERSONS AND PROPERTY: MONITORING.

In addition to all other requirements hereunder, the Contractor shall be responsible for initiating, maintaining and supervising safety precautions and programs in

Poinciana Community Development District Pond Repair- All Terrain Tractor Service

connection with the Services, and shall provide all protection to prevent injury to  persons  involved in any way in the Services and all other persons, including, without limitation, the employees, agents guests, visitors, invitees and licensees of the District  and  community  residents, tenants, and the general public that may be affected thereby.

All Services, whether performed by the Contractor, its Subcontractors, or anyone directly or indirectly employed by any of them, and all applicable equipment, machinery, materials, tools and like items used in the Services, shall be in compliance with, and conform to:
all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority; and (ii) all codes, rules, regulations and  requirements  of  the District and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern.

The Contractor shall at all times keep the general area in which  the Services are to be performed, including but not limited to sidewalks, roadways, trails, rights-of­ way, open spaces, and all such areas impacted by the Services, clean and free from accumulation of waste materials or rubbish (including, without limitation, hazardous waste), caused by performance of the Services, and shall continuously throughout performance of the Services, remove and dispose of all such materials. The District may require the Contractor to comply with such standards, means and methods of cleanup, removal or disposal as the District may make known to the Contractor. In the event the Contractor fails to keep the general area in which the Services are to be performed clean and free from such waste or rubbish; or to comply with such standards, means and methods, the District may take such action and offset any and all costs or expenses of whatever nature paid or incurred by the District in undertaking such action  against any sums then or thereafter due to the Contractor.

Contractor shall cooperate with and participate in, at no additional cost or charge, all programs, plans or routines for monitoring and reporting to District, as required in the sole discretion of the District, to ensure satisfactory performance of the Services provided hereunder.

SUSPENSION OR TERMINATION.

Anything in this Agreement to the contrary notwithstanding, District shall, in its sole discretion and without cause, have the right to suspend or terminate this Agreement upon thirty (30) days prior written notice to Contractor.

If the Contractor should become insolvent, file any  bankruptcy proceedings, make a general assignment for the benefit  of creditors, suffer or allow appointment of a receiver, refuse, fail or be unable to make prompt payment to Subcontractors, disregard applicable laws, ordinances, governmental orders or regulations or  the  instructions  of  the District, or if the Contractor should otherwise be guilty of a violation of, or in default under, any provisions of the Agreement, then the District may, without prejudice to any other  right  or remedy available to the District and after giving the Contractor and its surety, if any, seven (7) days written notice, terminate the Contract and the employment of Contractor. In addition,

Poinciana Communily Development District
l'ond Repair- All Terrain Tractor Service

without tenninating this Contract as a whole, the District may, under any of the circumstances above, terminate any portion of this Contract (by reducing, in such as manner as District deems appropriate, the Scope of Service to be performed by the Contractor) and complete the portion of this Contract so tenninated in such manner as the District may deem expedient.

SUBCONTRACTORS. If the Contractor desires to employ Subcontractors in connection with the performance of its Services under this Agreement:

Nothing contained in the Agreement shall create any contractual relationship between the District and any Subcontractor. However, it is acknowledged that the District is an intended third-party beneficiary of the obligations of the Subcontractors related  to the Services.

Contractor shall coordinate the services of any Subcontractors and remain fully responsible under the terms of this Agreement; Contractor shall be and remain responsible for the quality, timeliness and coordinate of all Services furnished by the Contractor or its Subcontractors.

All subcontracts shall be written. Each subcontract shall  contain  a reference to this Agreement and shall incorporate  the terms and condition of this Agreement  to the full extent applicable to the portion of the Services covered thereby. Each Subcontractor must agree, for the benefit of the District, to be bound by such terms and conditions to the full extent applicable to its portion of the Services.

TERM. The tenn of this Agreement commences on the Effective Date and shall proceed until the completion of the Services in accordance with the Proposal Summary, as determined by the sole reasonable satisfaction of the District which shall be evidenced by the written approval of the District.

NOTICE.

Notices required or permitted to be given under this Agreement shall be in writing, may be delivered personally or by  mail, overnight  delivery service, or courier service, and shall be given when received by the addressee. Notices shall be addressed as follows:

If to District:	POINCIANA DISTRICT

COMMUNITY	DEVELOPMENT

135 W. Central Boulevard, Suite 320 Orlando, Florida 3280 I
Attn: George Flint, District Manager

Copy to:	LATHAM, SHUKER, EDEN & BEAUDINE
111 N. Magnolia Ave, Suite 1400 Orlando, FL 3280 I
Attn: Andrew d'Adesky, District Counsel

If to Contractor:	ALL TERRAIN TRACTOR SERVICE, INC.
949 Shadick Drive Orange City , Florida Attn: John Masiarczyk

Notwithstanding the foregoing, any notice sent to the last designated address of the party to whom a notice may be or is required to be delivered under this Agreement shall not be deemed ineffective if actual delivery cannot be made due to a change of address of  the party to whom the notice is directed or the failure or refusal of such  party to accept delivery  of the notice. Parties may change notice address by delivering written notice by mail, overnight delivery service, or courier service to the other party and such change shall  become  effective when received by the addressee.

ATTORNEYS'  FEES.  If either party hereto institutes an action or  proceeding for a declaration of the rights of the parties the Agreement, for  injunctive  relief,  for an  alleged breach or default of, or any other action arising out of, the Agreement, or in the event any party hereto is in default of its obligations pursuant hereto, whether or not suit is tiled or prosecuted to final judgment, the non-defaulting or prevailing party shall be entitled to its actual attorneys' fees and to any court costs and expenses incurred, in addition to any other damages or relief awarded.

GOVERNING LAW AND  JURISDICTION.  This  Agreement  shall  be interpreted and enforced under the laws of the State of Florida. The parties will comply with the terms of the Agreement only to the extent they are enforceable or pennitted under Florida  law. Any litigation arising under this Agreement shall occur in a court having jurisdiction in Osceola County, Florida. THE PARTIES WAIVE TRIAL BY JURY AND AGREE TO SUBMIT TO PERSONAL JURISDICTION AND VENUE IN OSCEOLA COUNTY, FLORIDA.

SEVERABILITY. In the event that any provision of this Agreement is judicially construed to be invalid by a court of competent jurisdiction, such provision shall  then  be construed in a manner allowing its validity, or if this leads to an impracticable result, shall be stricken, but in either event, all other provisions of the Agreement shall remain in full force and effect.

NO WAIVER. No failure by either party to insist upon the strict performance of any covenant, duty, contract or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, contract, tenn or condition. Any party hereto, by  written  notice  executed  by such party, may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver shall affect or alter this Agreement, but each and every covenant, contract, term and condition of this Agreement shall continue in full force and effect with respect to any other then-existing or subsequent breach thereof.

NO MODIFICATION. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the parties against which such enforcement is or may be sought. This instrument contains the entire contract made between the parties and may not be modified orally or in any manner other than by a contract in writing signed by all parties hereto or their respective successors in interest.

TIME IS OF THE ESSENCE. The time for delivery and/or  completion  of the work to be performed under the Agreement shall be of the essence of the Agreement.

ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the parties as an arm's length transaction. In addition to the representations  and warranties contained herein, the Contractor acknowledges that prior to the execution of the Agreement it has thoroughly reviewed and inspected the Agreement documents, and satisfied itself regarding any error, inconsistency, discrepancy, ambiguity,  omission,  insufficiency  of detail or explanation. Contractor further acknowledges that the parties have participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all Parties are deemed to have drafted, chosen and selected the language, and doubtful language will not be interpreted or construed against any Party.

COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same effect as if all parties had signed the same document. All  fully executed counterparts shall be construed together and shall constitute one and the same contract.

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SIGNATURE PAGE TO POND REPAIR AGREEMENT

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed affective as of the day and year first above written.

DISTRICT:

WITNESSES:

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WITNESSES:

POINCIANA COMMUNITY DEVELOPMENT DISTRICT

By:	
Name:	r_,4 \	s\a-k,
rman N ice--Cair, Board of Supervisors

CONTRACTOR:

ALL TERRAIN TRACTOR SERVICE,
INC., a Florida corporation

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By:_ _ _

_ _ _ _ _

_ _ _ _ _ _

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Title: - - - - - - - - - - - - - -

Poinciana Community Development District Pond Repair - All Terrain Tractor Service 2019

SIGNATURE PAGE TO POND REPAIR AGREEMENT

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed affective as of the day and year first above written.

DISTRICT:

WlTNESSES:

POINCIANA COMMUNITY DEVELOPMENT DISTRICT

Print: 	_

Print: 	_

By: 	

------------

Name:
Chairman /Vice-Chair, Board of Supervisors

CONTRACTOR:

WlTNESSES:

ALL TERRAIN TRACTOR SERVICE,
INC., a Florida corporation

 	

EXHIBIT I PROPOSAL

[AITACHED]

 LL	

-r   E	.A. • N
TRACTOR SERVICE, INC.

REVISED PROPOSAL

949 Shadick Or.
Orange City, FL 32763
P: (386) 218-6969 F: (386) 218-6970
www.allterraintractorservice.com

Project Name:	Sollvita	

Project Phase:	Pond Repairs - Engineers Report
Summ ar y 12/12/18	
Job Number.		

Project Address: City, State, Zip:
Proposal Date:

Poinciana, Fl

Thursdav, May 23, 2019 Proposal price good for 30 days from the date of this propo sal.

Prepared far: GMS
Address:

City. State. Zip :

Contact: Clayton Smith
Phooe:
Cell: 407-913-2960
Email: Csmith@gmsfl.com

Scope of Work
Supply Labor, equipment and materials to make repiars per report Given: Engineers Summary Report Dated 12/12/2018 . 5/24/19 - Deleted: Pond E-31 Erosion Control and Pond D-2 Repair Pond Slopes DUE TO ON HOLD

Qualifications & Exclusions
1, There are no bonds included in this proposal. If any are required, they will be at an additional cost.
Z, There is no handling of contaminated, hazardous, or unsuitable materials included in this proposa l. If any Is required, it will be at an additional
cost.
There are no permits Included In this proposal. If any are required, they wlll be at an additional cost.
Proposal price is based on the assumption that this project will require red-lined as-bullts only. If certified as•builts are required, they will be at an additional cost.
5, There is no testing included In this proposal. If any Is required, It will be at an additional cost.
Any elettrkal, power, gas, CAlV, telephone, utilities relocated or removed by others .

Any electrical work associated with site work scope Is by othe rs.

DESCRIPTION	Qn'	UOM	UNIT PRICE	TOTAL	
Mobllltatlon	1	LS	$2,500.00	$2,500.00	
ll' OND D·b Fin Vol o aroun d an o un o er wler using
nonexcavable flowable fill					
Flowable FIil	30	CY	$154.00	$4,620.00	
Concrete Pump	1	LS	$1,500.00	$1,SOO.OO	
labor	20	HRS	$38.50	$770.00	
R & R 6" Sidewalk	7S	SF	$9.SO	$712.SO	
Bahia Sod	400	SF	$0.5S	$220 .00	
POND B-3 Back FIii MES					
Fill	18	CV	$10 .7 5	$193.50	
Skidsteer	4	HRS	$95 .00	$380.00	
Labor	8	HRS	$38.SO	$308.00	
Bahia Sod	800	SF	$0.SS	$440.00	
R & R Sidewalk	120	SF	$9.50	$1,140.00	
Cle an Out MES	1	LS	$350.00	$350.00	
POND 0-4 Repair Wier					
6" Pump	1	LS	$3,250.00	$3,2SO.OO	
Pipe Plugs	2	EA	$1,850.00	$3,700.00	
Mini Excavator	20	HRS	$115.00	$2,300.00	
Concrete 3000psi	30	CV	$160.00	$4,800.00	
Concrete Pump	l	LS	$1,500.00	$1,500.00	
labor	120	HRS	$38.50	$4,620.00	
Bahia Sod	4,000	SF	$0.5S	$2,200.00	
Skimmer	1	LS	$7,340.00	$7,340.00	

Proposed Total .,ffii•IOJ
John Masiarczyk	Clayton Smith
 	
All Terrain Tractor Service, Inc.	GMS

 	I	I		 	I	I	
Authorized Signature	Date	Authorized Signature	Date
Mee is subject to change, pending receipt of 'final construction Drawings'.

S ECTION V- II

EROSION REPAIR AGREEMENT
(POINCIANA CDD)

TIDS EROSION REP . AGREEMENT ("Agreement") is made and enter into effective  as of  the \S\-" day of	019 (the "Effective Date"), between the POINCIANA COMMUNITY DEVELOPMENT DISTRICT (hereinafter referred to as the "District"), a
local unit of special purpose government created under Chapter 190, Florida Statutes, whose mailing address is c/o Governmental Management Services - CFL, LLC, 135 W. Central Boulevard, Suite 320, Orlando, Florida 32801, and LAKE & WETLAND MANAGEMENT ORLANDO, INC., a Florida corporation (hereinafter referred to as "Contractor"), whose address is 815 Sawdust Trail, Kissimmee, FL 34744.

WITNESSETH:

Subject to and upon the terms and conditions of this Agreement and in consideration of the mutual promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the District and Contractor agree as follows:

DEFINITIONS.

Agreement. The Agreement consists of this  Erosion  Repair  Agreement and Lake & Wetland Management, Inc.'s Proposal. The Agreement represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representation or agreements, either written or oral. The Agreement may  be  amended  or modified only as set forth below in Article 14.

Services. The term Services as used  in this Agreement  shall  be construed to include all Services set forth in Exhibit 1, the removal and replacement in accordance with the Proposal in Exhibit 1 and all obligations of Contractor under this Agreement, including any addenda or special conditions.

SCOPE OF WORK.
A description of the nature, scope and schedule of services  to  be performed by Contractor under this Agreement shall be as follows: Installation as described in Exhibit 1, attached hereto and incorporated herein by reference.

The following List of Exhibits, all of which are attached hereto and incorporated herein, is applicable to the Services:

Exhibit 1, Proposal

COMMENCEMENT OF SERVICES. Contractor shall commence its Services immediately upon receipt of a Notice to Proceed sent by the District Manager, as defined below, and shall perform the same in accordance with any schedules set forth in the Agreement.

Poinciana Community Development District Erosion Repair- Lake & Wetland Management 2019

DISTRICT MANAGER.

The District's authorized representative (herein referred to as the "District Manager") shall be the District Manager of the District, which is Governmental Management Services-CFL, LLC, whose mailing address is 135 W. Central Boulevard, Suite 320, Orlando, Florida 32801 Attention: George Flint; provided, however, that the District may, without liability to the Contractor, unilaterally amend this Article from time to time by designating a different person or organization to act as its representative and so advising the Contractor in writing, at which time the person or organization so designated shall be the District's representative for the purpose of this Agreement.

All actions to be taken by, all approvals, notices, consent, directions and instruction to be given by, all notices and other matters to be delivered to, all determinations and decisions to be made by and, in general, all other action to be taken by, or given to, the District shall be taken, given, and made by, or delivered or given to the District Manager in the name of and on behalf of the District; provided, however, that the District (and not the District Manager or any other agents of the District) shall be solely obligated to the Contractor for all sums required to be paid by the District to the Contractor hereunder.

COMPENSATION AND PAYMENTS.

The District agrees to pay Contractor for the Services, as set forth herein and in Exhibit 1. All payments by the District to Contractor shall be subject to review, and approval by the District, including, but not limited to the District Engineer.

{b) Work Authorizations shall mean orders or directives issued by the District. Work Authorizations shall be issued for repairs or emergency  services,  changes to the scope of the area in which services are required, or for any services beyond those set forth in Article 2. Services performed under a Work Authorization may be paid either on a lump sum basis, a unit price basis, or a time and material basis in the District's sole discretion. Contractor shall not be entitled to compensation for Services outside the scope of Article 2 unless Contractor has  obtained prior written authorization of District to perform the same.

(c) District retains the right to reduce any portion of Contractor's Scope of Work as set forth in Article 2. Should this occur, a revised Scope of Work will be agreed upon in writing by both District and Contractor.

REPRESENTATATIONS, WARRANTIES AND COVENANTS.

Contractor hereby represents to District that: (i) it has the experience, qualifications and skill to perform the Services as set forth in this Agreement; (ii) it is duly licensed and permitted to observe and perform the terms, covenants, conditions and other provisions on its part to be observed or performed under this Agreement; (iii) hasthe necessary equipment, materials and inventory required to perform the Services as set forth in this

Agreement; (iv) it has by careful examination satisfied itself as to: (a) the nature, location and character of the area in which the Services are to be performed including, without limitation, the surface conditions of the land and all structures and obstructions thereon, both natural and manmade, the surface water conditions of the area, and to the extent pertinent, all other conditions; and (b) all other matters or things which could in any manner affect the performance of the Services.

The Contractor warrants to the District that all materials furnished under this Agreement shall be new unless otherwise specified, and that all Services shall be of good quality, free from faults and defects and in conformance with the Agreement Documents.

EMPLOYEES; INDEPENDENT CONTRACTOR STATUS.

All matters pertaining to the employment, supervision, compensation, insurance, promotion and discharge of any employees of Contractor or of entities retained by Contractor are the sole responsibility of Contractor. Contractor shall fully comply with all applicable acts and regulations having to do with workman's compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer­ employee related subjects. Contractor shall obtain. for each individual Contractor employs on the District's premises at any time, a criminal background check performed by an appropriate federal or state agency, or by a professional and licensed private investigator, and shall make, based on the results of such background checks, employment suitability determinations for each employee that are reasonable and customary within the Contractor's industry. Contractor shall maintain copies of said background checks on file so long as the subject individual(s) remains in Contractor's employ, and Contractor shall make all background checks available for District's review upon request Contractor shall enforce strict discipline and good order among its employees on the District's premises.

Contractor is an independent contractor and not an employee of  the District. It is further acknowledged that nothing herein shall be deemed to create or establish a partnership or joint venture between the District and Contractor. Contractor has no authority to enter into any contracts or contracts, whether oral or written, on behalf of the District.

COMPLIANCE WITH LAWS. REGULATIONS, RULES AND POLICIES.

At all times, Contractor shall operate in accordance with all applicable laws, statutes, regulations, rules, ordinances, policies, permits and orders.

Contractor hereby covenants and agrees to comply with all the rules, ordinances and regulations of governmental authorities wherein the District's facilities are located, as said rules, etc. may specifically relate to Contractor or its services provided hereunder, at Contractor's sole cost and expense, and Contractor will take such action as may be necessary to comply with any and all notices, orders or other requirements affecting the services described herein as may be issued by any governmental agency having jurisdiction over Contractor, unless specifically instructed by the District that it intends to contest such orders or

requirements and that Contractor shall not comply with the same. Contractor shall provide immediate notice to the District of any such orders or requirements upon receipt of same.

The District is a local unit of special purpose government created in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. Contractor agrees to comply with all applicable requirements of the "Sunshine Law," the "Public Records Law," the Community Development Districts Law, and all other statutes and regulations applicable to Contractor.

WORKPLACE ENVIRONMENT AND PUBLIC SAFETY

Contractor agrees to provide a safe and healthy workplace environment for its employees and agents and a safe and healthy environment for the public at all  times.  Contractor shall promptly correct any unsafe condition or health hazard in its control and shall immediately report any such condition to the District). In addition  to all  other requirements  of this Agreement, Contractor shall comply with all federal, state and local laws and regulations related to health and safety. Further, Contractor acknowledges that all vehicles and equipment must be properly and safely operated and, where applicable, licensed and/or permitted, to operate on public roadways. Contractor acknowledges that it is responsible for public safety issues including but not limited to: proper work methods, use of protective equipment, safe
maintenance, traffic control through work zones, and handling and use of materials, vehicles, and equipment.

The Contractor agrees that it alone bears the responsibility for providing a safe and healthy workplace, and that nothing in this Agreement suggests that the District has undertaken or assumed any part of that responsibility.

Contractor will provide employees with training to perform their jobs safely, including instruction in proper work methods, use of protective equipment, and safe maintenance, handling and use of materials, vehicles, and equipment. Contractor will not ask or allow any employee to operate any vehicle or equipment until the employee has received all relevant and advisable training.

Contractor will furnish, at its expense, all safety and protective equipment required or advisable for the protection of employees.

PUBLIC RECORDS AND OWNERSHIP OF BOOKS AND RECORDS.

Contractor understands and agrees that all documents of  any kind relating to this Agreement may be public records and, accordingly, Contractor agrees to comply with all applicable provisions of Florida public records law, including but not limited to the provisions of Chapter 119, Florida Statutes. Contractor acknowledges and agrees that the public records custodian of the District is the District Manager, which is currently Governmental Management Services - CFL, LLC (the "Public Records Custodian"). Contractor  shall,  to  the  extent applicable by law:

Keep and maintain public records required by District to perform services.

Upon request by District, provide District with the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes;

Ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Agreement term and following the Agreement term if the Contractor does not transfer the records to the Public Records Custodian of the District; and

Upon completion of the Agreement, transfer to District, at no cost, all public records in District's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws.

IF THE CUSTOMER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TIJE CONTRACTORS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DISTRICT'S CUSTODIAN OF
PUBLIC RECORDS AT 407-841-5524, OR BY EMAIL AT GFLINT@GMSCFL.COM OR BY REGULAR MAIL AT 135 W. CENTRAL BOULEVARDS, smTE 320, ORLANDO, FLORIDA 32801, ATTN: DISTRICT PUBLIC RECORDS CUSTODIAN.

INSURANCE.

Contractor shall, throughout the performance of its services pursuant  to  this Agreement, maintain at a minimum:

Occurrence based comprehensive general liability insurance (including broad form contractual coverage), with a  minimum  limit of $1,000,000  single limit per occurrence, protecting it and District from claims for bodily  injury  (including  death), property damage, contractual liability, products liability and personal injury  which  may arise from or in connection with the performance of Contractor's services under this  Agreement  or from or out of any act or omission of Contractor, its officers,  directors, agents, and employees; and

Workers' compensation insurance as required by applicable aw (or employer's liability insurance with respect to any employee not covered by  workers' compensation) with minimum limits of One Hundred Thousand Dollars ($100,000) per occurrence; and

Employers liability, with a minimum coverage level of$1,000,000.

All such insurance required in Paragraph  11(a)  shall  be with companies and on forms acceptable to District and shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days prior written notice thereof is furnished  to  District;  the insurance required under paragraph 1 l(a)(i) shall name the District as an additional insured. Certificates of insurance (and copies of all policies, if required by the District) shall  be furnished to the District. In the event of any cancellation or reduction of coverage, Contractor shall obtain substitute coverage as required under this Agreement, without any lapse of coverage to District whatsoever.

SOVEREIGN IMMUNITY. Nothing contained herein, or in the Agreement, or in the Terms and Conditions, shall cause or be construed as a waiver of the District's immunity or limitations on liability granted pursuant to section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which could otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

INDEMNIFICATION. Contractor agrees to indemnify, save harmless and defend the District, its officers, directors, board members, employees, agents and assigns, from and against any and all liabilities, claims, penalties, forfeitures, suits, legal or administrative proceedings, demands, fines, punitive damages, losses, liabilities and interests, and any and all costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees, which shall include fees incurred in any administrative, judicial or appellate proceeding) which the District, their officers, directors, board members, employees, agents and assigns, may hereafter incur, become responsible for or pay out to the extent arising out of (i) Contractor's breach of any term or provision of this Agreement, or (ii) any negligent or intentional act or omission of Contractor, its agents, employees or sub-contractors, related to or in the performance of this Agreement.

MODIFICATIONS. ADDITIONS OR DELETIONS TO THE SERVICES.

A Work Authorization shall be in writing by the District, which  shall consist of additions, deletions or other modifications to the Agreement.

The District may, from time to time, without affecting the validity of the Agreement, or any term or condition thereof, issue Work Authorizations which may identify additional or revised Scope of Services, or other written instructions and orders, which shall be governed by the provisions of the Agreement. The Contractor shall comply with all such orders and instructions issued by the District. Upon receipt of any Work Authorization, the Contractor shall promptly proceed with the work, and the resultant decrease or increase in the amount to be paid the Contractor, if any, shall be governed by the provisions of Article 5 in this Agreement.
PROTECTION OF PERSONS AND PROPERTY; MONITORING.

In addition to all other requirements hereunder, the Contractor shall be responsible for initiating, maintaining and supervising safety precautions and programs in

connection with the Services, and shall provide all protection to prevent injury to  persons  involved in any way in the Services and all other persons, including, without limitation, the employees, agents guests, visitors, invitees and licensees of the  District  and  community residents, tenants, and the general public that may be affected thereby.

All Services, whether performed by the Contractor, its Subcontractors, or anyone directly or indirectly employed by any of them, and all applicable equipment, machinery,· materials, tools and like items used in the Services, shall be in compliance with, and conform to:
(i) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority; and (ii) all codes, rules, regulations and requirements of the District and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern.

The Contractor shall at all times keep the general area in which  the  Services are to be performed, including but not limited to sidewalks, roadways, trails, rights-of­ way, open spaces, and all such areas impacted by the Services, clean and free from accumulation
of waste materials or rubbish (including, without limitation, haz.ardous waste), caused by performance of the Services, and shall continuously throughout performance of the Services, remove and dispose of all such materials. The District may require the Contractor to comply with such standards, means and methods of cleanup, removal or disposal as the District may make lmown to the Contractor. In the event the Contractor fails to keep the general area in which the Services are to be performed clean and free from such waste or rubbish, or to comply with such standards, means and methods, the District may take such action and offset any and all costs or expenses of whatever nature paid or incurred by the District in  undertaking  such action against any sums then or thereafter due to the Contractor.

Contractor shall cooperate with and participate in, at no additional cost or charge, all programs, plans or routines for monitoring and reporting to District, as required in the sole discretion of the District, to ensure satisfactory performance of the Services provided hereunder.

SUSPENSION OR TERMINATION.

Anything in this Agreement to the contrary notwithstanding, District shall, in its sole discretion and without cause, have the right to suspend or terminate this Agreement upon thirty (30) days prior written notice to Contractor.

If the Contractor should become insolvent, file any bankruptcy proceedings, make a general assignment for the benefit of creditors, suffer or allow appointment of a receiver, refuse, fail or be unable to make prompt payment to Subcontractors, disregard applicable laws, ordinances, governmental orders or regulations or the instructions of the District, or if the Contractor should otherwise be guilty of a violation of, or in default under, any provisions of the Agreement, then the District may, without prejudice to any other right or remedy available to the District and after giving the Contractor and its surety, if any, seven (7) days written notice. terminate the Contract and the employment of Contractor. In addition,

without terminating this Contract as a whole, the District may, under any of the circumstances above, terminate any portion of this Contract (by reducing, in such as manner as District deems appropriate, the Scope of Service to be performed by the Contractor) and complete the portion of this Contract so terminated in such manner as the District may deem expedient.

SUBCONI'RACTORS. If the Contractor desires to employ Subcontractors in connection with the performanc·e of its Services under this Agreement:
Nothing contained in the Agreement shall create any contractual relationship between the District and any Subcontractor. However, it is acknowledged that the District is an intended third-party beneficiary of the obligations of the Subcontractors related to the Services.

Contractor shall coordinate the services of any Subcontractors and remain fully responsible under the terms of this Agreement; Contractor shall be and remain responsible for the quality, timeliness and coordinate of all Services furnished by the Contractor or its Subcontractors.

All subcontracts shall be written. Each subcontract shall contain  a  reference to this Agreement and shall incorporate the terms and condition  of this Agreement  to the full extent applicable to the portion of the Services covered thereby. Each Subcontractor must agree, for the benefit of the District, to be bound by such terms and conditions to the full extent applicable to its portion of the Services.

TERM. The term of this Agreement commences on the Effective Date and shall proceed until the completion of the Services in accordance with the Proposal Summary, as determined by the sole reasonable satisfaction of the District which shall be evidenced by the written approval of the District.

NOTICE.

Notices required or permitted to be given under this Agreement shall be in writing, may be delivered personally or by mail, overnight delivery  service, or courier  service, and shall be given when received by the addressee. Notices shall be addressed as follows:

If to District:

Copy to:

POINCIANA	COMMUNITY	DEVELOPMENT DISTRICT
135 W. Central Boulevard, Suite 320
Orlando, Florida 32801
Attn: George Flint, District Manager

LATHAM, SHUKER, EDEN & BEAUDINE
111 N. Magnolia Ave, Suite 1400
Orlando, FL 32801
Attn: Andrew d' Adesky, District Counsel

If to Contractor:	LAKE & WE1LAND MANAGEMENT ORLANDO, INC.
5301 N. Federal Highway Suite 204 Boca Raton, Florida 33487
Attn: Charles Lacroix
Notwithstanding the foregoing, any notice sent to the last designated address of the party to whom a notice may be or is required to be delivered under this Agreement shall not be deemed ineffective if actual delivery cannot be made due to a change of address of the party to whom the notice is directed or the failure or refusal of such party to accept delivery of the notice. Parties may change notice address by delivering written notice by mail, overnight delivery service, or courier service to the other party and such change shall become effective when received by the addressee.

ATTORNEYS' FEES. If either party hereto institutes an action or proceeding for a declaration of the rights of the parties the Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, the Agreement, or in the event any party hereto is in default of its obligations pursuant hereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting or prevailing party shall be entitled to its actual attorneys' fees and to any court costs and expenses incurred, in addition to any other damages or relief awarded.

GOVERNING LAW AND JURISDICTION. This Agreement shall be interpreted and enforced under the laws of the State of Florida. The parties will comply with the terms of the Agreement only to the extent they are enforceable or permitted under Florida law. Any litigation arising under this Agreement shall occur in a court having jurisdiction in Osceola County, Florida. THE PARTIES WAIVE TRIAL BY JURY AND AGREE TO SUBMIT TO PERSONAL JURISDICTION AND VENUE IN OSCEOLA COUNTY, FLORIDA.

SEVERABILITY. In the event that any provision of this Agreement is judicially construed to be invalid by a court of competent jurisdiction, such provision shall then be construed in a manner allowing its validity, or if this leads to an impracticable result, shall be stricken, but in either event, all other provisions of the Agreement shall remain in full force and effect.

NO WAIVER.  No failure by either party to insist upon the strict performance of any covenant, duty, contract or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, contract, term or condition. Any party hereto, by written notice executed by such party, may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver shall affect or alter this Agreement, but each and every covenant, contract, term and condition of this Agreement shall continue in full force and effect with respect to any other then-existing or subsequent breach thereof.

NO MODIFICATION. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the parties against which such enforcement is or may be sought. This instrument contains the entire contract made between the parties and may not be modified orally or in any manner other than by a contract in writing signed by all parties hereto or their respective successors in interest.

TIME IS OF THE ESSENCE. The time for delivery and/or completion of the work to be performed under the Agreement shall be of the essence of the Agreement.

ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the parties as an arm's length transaction. In addition to the representations  and warranties contained herein, the Contractor acknowledges that prior to the execution of the Agreement it has thoroughly reviewed and inspected the Agreement documents, and satisfied itself regarding any error, inconsistency, discrepancy, ambiguity,  omission,  insufficiency  of detail or explanation. Contractor further acknowledges that the parties have participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all Parties are deemed to have drafted, chosen and selected the language, and doubtful language will not be interpreted or construed against any Party.

COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same effect as if all parties had signed the same document. All fully executed counterparts shall be construed together and shall constitute one and the same contract.

[REMAINDER OF PAGE LEFf INTENTIONALLY BLANK]

r---- - -- -

SIGNATURE PAGE TO EROSION REPAIR AGREEMENT

' IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed affective as of the day and year first above written.

WITNESSES:

DISTRICT:

POINCIANA COMMUNITY
DEVELOPMENT DISTRICT

......--,	-
By: -	
Name: ---Ltb,,_.	_
Chaizman.N1ce-Chair, Board of Supervisors

CONTRACTOR:

LAKE & WETLAND MANAGEMENT
ORLANDO, INC., a Florida corporation
/,#I

By:_

_ ._v

.,.......,.--	-	-	-	-,------

Print:	C. h.o..r-.l 

a.	cL

Poinciana Community Development District Erosion Repair-Lake & Wetland Management 2019

Title:	-:!7e c r--e • /L-1 ,- - -

EXBIBITl

PROPOSAL

[A1TACHED]

Poinciana Community Development District Erosion Repair- Lake & Wetland Management 2019

Lake &Wetland
MANAGEMENT

Poinciana CDD
Custom Dredgesox Erosion Repair Proposal
May 21, 2019 • Osceola County • Florida
Prepared for:
Mr. Clayton Smith
Governmental Management Services 135 West Central Boulevard, Suite 320
Orlando, FL 32801

s	oxt	CERTI FIED
 		INSTALLERS

Prepared by:
Chad Bass
Lake and Wetland Management Orlando, Inc. 815 Sawdust Trail
Kissimmee, Florida 32744
(407) 595-3648 Phone• (407) 483-7812 Fax
ass @lakeandwetland.com • www.lakeandwetland.com

Lake and WeUand Management Orlando, Inc. • 815 Sawdust Trail • Kissimmee, FL 34744
(407) 350-5909 Office• (407) 483-7812 Fax• c.bass@lakeandwetland.com • www.lakeandwetland.com

,

'take &We tland
M A N A G E M E N T

S QX f fr	CERTIFIED
 		INSTALLERS

May 2.1, 2019

Mr. Clayton Smith Poinciana COD
Governmental Management Services 135 West Central Boulevard, Suite 320
Orlando, FL 32801

Dear Mr. Smith,

We greatly appreciate the opportunity to bid on this project for you! Attached is the Agreement for the Dredgesox erosion repair at Poinciana COO.

Our patented SOX system Is bioenglneered, and immediately halts soil erosion and stabilizes shorelines. The SOX system offers these unique attributes;

Long lasting results that continue to Improve over time
Superior buffering and filtering results in Improved waterway and ecosystem
Exceptional water retention for vigorous growth of new vegetation
The only erosion control system that literally becomes part of the earth
Uses locally sourced organic fill
Attaches directly to Intact shore bank NOT to unstable shore bed
Allows SOX to be re-tensioned whenever necessary
Subsurface ground stakes virtually eliminate Injury liability to humans and animals
System self-tightens due to Its ability to manage incredible weight displacement.

We pride ourselves on providing the highest level of service In the Industry and look forward to the opportunity of exceeding your expectations!

Respectfully yours,

LAKE AND WETLAND MANAGEMENT ORLANDO, INC.
Chad,,'8«.ff-

Chad Bass

Lake and Wetland Management Orlando, Inc.• 815 Sawdust Trail• Kissimmee, FL 34744
(407) 350-5909 Office• (407) 483-7812 Fax• c.bass@lakeandwetland.com • www.lakeandwetland.c.om

Lake &Wetland
MANAGEMENT

SOXflt,:	CERTIFIED
,		INSTALLERS

EROSION CONTROL AGREEMENT

This agreement, dated May 21, 2019, is made between LAKE AND WETLAND MANAGEMENT ORLANDO, INC. (LWM) and CUSTOMER:

Mr. Clayton Smith Poinciana COD
Governmental Management Services 135 West Central Boulevard, Suite 320
Orlando, FL 32801

csmith@gmscfl.com
(407) 841-5524 Office (407) 839-1526 Fax

Both Poinciana CDD and Lake and Wetland Management Orlando, Inc. agree to the following terms and conditions:

Description:
D-2
Dredgesox (12' wide) Erosion Repair/ Bank Restoration services for 100'.

►Lakes/Areas:

►

►

Repair approximately 120 linear feet of lake bank at $74.00 / per foot. Prep areas of debris/trash for Dredgesox.

►

Fill Dredgesox with Imported course sand.

►

Materials consist of the following: Dredgesox, wooden stakes, anchor rope, and coarse sand.
Includes sod installation.
Investment: $8,880.00

Lake and WeUand Management Orlando, Inc. • 815 Sawdust Trail• Kissimmee, FL 34744
(407) 350-6909 Office• (407) 483-7812 Fax• c.bass@lakeandweUand.com • www.lakeandwetland.com

Erosion Control Agreement	Page 2

Service includes material, equipment, and labor to complete the project.

CUSTOMER Is responsible for the cost of any necessary permits that may be required prior to commencement of work.

If chosen, it wm be the responsibility of the Homeowners Association to Irrigate the new sod/planted area once Installed,
Sprinkler heads will be marked by the landscaper; otherwise LWM not be responsible for damage to them during the course of work. LWM will repair any exposed sprinkler heads damaged during erosion work In a timely manner.

A staging area for materials and equipment will be required. LWM will access the lake at designated areas and sod these areas to bring the property back to complete restoration. (NOTE: CUSTOMER is responsible for maintenance of sod once installed)

LWM is not responsible for damage to any underground Irrigation, headwalls, piping, electrical, trees or any lines not noted on the as-builts or not located by Sunshine Locating Services (where digging is necessary).

The warranty/guarantee for Dredgesox material is for a ten (10) year period. The labor warranty for any manual adjustments needed is for a one (1) year period. Our guarantee does not include the loss of material due to 'acts of God' such as floods, fire, hurricanes, or other catastrophic events, nor does it include losses due to theft, lack of adequate irrigation, vandalism or negligence by others, or other factors outside the control of our organization.

SCH►EDULE OF PAYMENT:

►

40% Mobilization Deposit

►

40% Upon Installation of Dredgesox
20% Balance Due Upon Completion of Sod

Conditions:

Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above mentioned services Is allowed. In the event of dispute of ownership, CUSTOMER agrees to hold harmless LWM for the consequences of such services.

LWM shall not be responsible for acts beyond its reasonable control, including adverse soil and / or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named Incidences.

Lake and Wetland Management Orlando, Inc.• 815 Sawdust Trail• Kissimmee, FL 34744
(407) 350-5909 Office• (407) 483-7812 Fax• c.bass@lakeandwetland.com • www.lakeandwetland.com

Erosion Control Agreement	Page 3

Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances.

Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work.

S. This proposal shall be valid for 30 days.
If LWM is required to enroll in any third-party compliance programs, invoicing or payment plans that assess fees in order to perform work for CUSTOMER, those harges will be invoiced back to CUSTOMER as invoiced to LWM.

LWM will maintain insurance coverage, which includes but is not limited to; General Liability Property Damage, Automobile Liability, and Workman's Compensation at  its own expense.

No alterations or modifications, oral or written, of the terms contained above shall be valid unless made in writing, and wholly accepted by authorized representatives of both LWM and the CUSTOMER.

Chad Bass
Lake and Wetland Management Orlando, Inc.

Customer acceptance - The above prices, specifications and conditions are hf	by accepte .

,_·..,	6  . l-2-,1,  '7
p ate,
:	I

Lake and Wetland Management Orlando, Inc. • 815 Sawdust Trail • Kissimmee, FL 34744
(407) 350-5909 Office• (407) 483-7812 Fax• c.bass@lakcz.nd  i:::itl..nd.com • w1N1.lae!;andwetland.com

Poinciana CDD
Custom Dredgesox Erosion Repair Proposal
May 21, 2019 • Osceola County• Florida
Prepared for:
Mr. Clayton Smith
Governmental Management Services 135 West Central Boulevard, Suite 320
Orlando, FL 32801

S OX	CERTIFIED
 		INSTALLERS

Prepared by:
Chad Bass
Lake and Wetland Management Orlando, Inc. 815 Sawdust Trail
Kissimmee, Florida 32744
(407) 595-3648 Phone• (407) 483-7812 Fax
ass@la keandwetland.com • www.lakeandwetland.com

Lake &Wet l and
MANAGEMENT

soxft-	CERTIFIED
&os"!' Soluti		INSTALLERS

May 21, 2019

Mr. Clayton Smith Poinciana COD
Governmental Management Services 135 West Central Boulevard, Suite 320
Orlando, FL 32801

Dear Mr. Smith,

We greatly appreciate the opportunity to bid on this project for you! Attached is the Agreement for the Dredgesox erosion repair at Poinciana CDD.

Our patented SOX system is bioengineered, and immediately halts soil erosion and stabilizes shorelines. The SOX system offers these unique attributes;

Long lasting results that continue to improve over time
Superior buffering and filtering results in Improved waterway and ecosystem
Exceptional water retention for vigorous growth of new vegetation
The only erosion control system that literally becomes part of the earth
Uses locally sourced organic fill
Attaches directly to Intact shore bank NOT to unstable shore bed
Allows SOX to be re-tensioned whenever necessary
Subsurface ground stakes virtually eliminate injury liability to humans and animals
System self-tightens due to its ability to manage Incredible weight displacement.

We pride ourselves on providing the highest level of service In the Industry and look forward to the opportunity of exceeding your expectations!

Respectfully yours,

LAKE AND WETLAND MANAGEMENT ORLANDO, INC.
Chad,'Baw

Chad Bass

Lake &Wetland
MANAGEMENT

CERTIFIED

INST ALLERS

EROSION CONTROL AGREEMENT

This agreement, dated May 21, 2019, Is made between LAKE AND
WETLAND MANAGEMENT ORLANDO, INC. (LWM) and CUSTOMER:

Mr. Clayton Smith Poinciana COD

Governmental Management Services
135 West Central Boulevard, Suite 320
Orlando, Fl 32801

csmith@gmscfl.com
(407) 841-5524 Office
(407) 839-1526 Fax

Proceed with Option 2

Both Poinciana CDD and Lake and Wetland Management Orlando, Inc. agree to the following terms and conditions:

Erosion Control Agreement	Page 2
Description; Option 2, Entire pond
Dredgesox (12' wide) Erosion Repair/ Bank Restoration services for 100'.
(E-3►1 ) Lakes/Areas:

►

►

Repair approximately 580 linear feet of lake bank at $62.00 / per foot. Prep areas of debris/trash for Dredgesox.

►

Fill Dredgesox with imported course sand.

►

Materials consist of the following: Dredgesox, wooden stakes, anchor rope, and will import and backfill coarse sand.
Includes sod installation.

Option 2 Dredgesox Investment:	$35,960.00

Service includes material, equipment, and labor to complete the project.

CUSTOMER Is responsible for the cost of any necessary permits that may be required prior to commencement of work.
If chosen, It will be the r esp onsibility of the Homeowners Association to
irrigate the new sod/planted area once installed,
Sprinkler heads will be marked by the landscaper; otherwise LWM not be responsible for damage to them during the course of work. LWM will repair any exposed sprinkler heads damaged during erosion work in a timely manner.

A staging area for materials and equipment will be required. LWM will access the lake at designated areas and sod these areas to bring the property back to complete restoration. (NOTE: CUSTOMER Is responsible for maintenance of sod once Installed)

LWM Is not responsible for damage to any underground irrigation, headwalls, piping, electrical, trees or any lines not noted on the as-bullts or not located by Sunshine Locating Services (where digging is necessary).

The warranty/guarantee for Dredgesox material is for a ten (10) year period. The labor warranty for any manual adjustments needed Is for a one (1) year period. Our guarantee does not include the loss of material due to 'acts of God' such as floods, fire, hurricanes, or other catastrophic events, nor does It Include losses due to theft, lack of adequate irrigation, vandallsm or negligence by others, or other factors outside the control of our organization.

SCH►EDULE OF PAYMENT;

►

40% Mobilization Deposit

►

40% Upon Installation of Dredgesox
20% Balance Due Upon Completion of Sod

Erosion Control Agreement	Page 3
Conditions:

Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above mentioned services is allowed. In the event of dispute of ownership; CUSTOMER agrees to hold harmless LWM for the consequences of such services.

LWM shall not be responsible for acts beyond its reasonable control, including adverse soil and / or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named incidences.

Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances.

Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work.

This proposal shall be valid for 30 days.

If LWM is required to enroll in any third-party compliance programs, invoicing or payment plans that assess fees in order to perform work for CUSTOMER, those charges will be invoiced back to CUSTOMER as invoiced to LWM.

LWM will maintain insurance coverage, which includes but is not limited to; General Liability Property Damage, Automobile Liability, and Workman's Compensation  at its own expense.

No alterations or modifications, oral or written, of the terms contained above shall be valid unless made· in writing, and wholly accepted by authorized representatives of both LWM and the CUSTOMER.

Chad Bass
Lake and Wetland Management Orlando, Inc.

Lake and Wetland Management Orlando, Inc. • 8.15 Sawdust Trail• Kissimmee, FL 34744
(407) 350-5909 Office• (407) 483-7812 Fax· c.bai::s@lakeandweUm d com • 1wm .la!teano\  2ti8.nd.com

S ECTION VI11

This item will be provided under separat e cover

/

S ECTION IX

S ECTION A

RESOLUTION 2019-12

THE ANNUAL APPROPRIATION RESOLUTION OF THE POINCIANA COMMUNITY DEVELOPMENT DISTRICT (THE "DISTRICT") RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020.

WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2019, submitted to the Board of Supervisors (the "Board") a proposed budget for the next ensuing budget year along with an explanatory and complete financial plan for each fund  of  the Poinciana Community Development District, pursuant to the provisions of  Section 190.008(2)(a), Florida Statutes; and

WHEREAS, at least sixty (60) days prior to the adoption of the proposed annual budget (the "Proposed Budget"), the District filed a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and

WHEREAS, the Board set August 21, 2019, as the date for a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and

WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1, of each year, the District Board by passage of the Annual Appropriation Resolution shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and

WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period,  including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF POINCIANA COMMUNITY DEVELOPMENT DISTRICT;

Section 1.	Budget

That the Board of Supervisors has reviewed the District Manager's Proposed  Budget, a copy of which is on file with the office of the District Manager and at the District's Records Office, and hereby approves certain amendments thereto, as shown  in Section 2 below.

That the District Manager's Proposed Budget, attached hereto as Exhibit "A," as amended by the Board, is hereby adopted in accordance with the provisions of

Section 190.008(2)(a), Florida Statutes, and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures for Fiscal Year 2019 and/or revised projections for Fiscal Year 2020.

That the adopted budget, as amended, shall be maintained in the office of the District Manager and at the District's Records Office and identified as "The Budget for Poinciana Community Development District for the Fiscal Year Ending September 30, 2020," as adopted by the Board of Supervisors on August 21, 2019.

Section 2.	Appropriations

There is hereby appropriated out of the revenues of the Poinciana Community Development District, for the fiscal year beginning October 1, 2019, and ending September 30,

2020, the sum of$ _ _

_ _ _

_   _   _  to be   raised	by  the  levy	of   assessments	and/or

otherwise, which sum is deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion:

TOTAL GENERAL FUND	$_	_	_	_	_	_

DEBT SERVICE FUND -  SERIES 2012A-l & A-2	$- - - - - - - -
TOTAL ALL FUNDS	$ 	_

Section 3.	Supplemental Appropriations

The Board may authorize by resolution, supplemental appropriations or revenue changes for any lawful purpose from funds on hand or estimated to be received within the fiscal year as follows:

Board may authorize a transfer of the unexpended balance or portion thereof of any appropriation item.

Board may authorize an appropriation from the unappropriated balance of any fund.

Board may increase any revenue or income budget amount to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance.

The District Manager and Treasurer shall have the power within a given fund to authorize the transfer of any unexpected balance of any appropriation item or any portion thereof, provided such transfers do not exceed Ten Thousand ($10,000) Dollars or have the effect of causing more than 10% of the total appropriation of a given program or project to be transferred previously

approved transfers included.	Such transfer shall not have the effect of causing a more than
$10,000 or 10% increase, previously approved transfers included, to the original budget appropriation for the receiving program. Transfers within a program or project may be approved by the Board of Supervisors. The District Manager or Treasurer must establish administrative procedures which require information on the request forms proving that such transfer requests comply with this section.

Introduced, considered favorably, and adopted this 2151  day of August, 2019.

ATTEST:		POINCIANA	COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

By:_ _ _ _ _ _ _

_ _ _

_ _ _ _ _

Its:- - - - - - - - - - - - - - -

•	•	•	•	•	•	•	•	•	•	•	•

••
••••••••

Poinciana
Community Development District

FY2019 Amended Budget
&
FY2020  Proposed Budget

Table of Contents

1	 	General Fund

2-6	 	General  Fund Narrative 

 	Debt Service Fund Series 2012A-1 & A-2

 	Amortization Schedule Series 2012A-1 

 	Amortization Schedule Series 2012A-2 

Poinciana
Community  Development District

	Fiscal Year 2020 General Fund		
	Adopted		Amended	Actual	Projected	Total	Proposed	
	Budget	Increase/	Budget	Thru	Next2	Thru	Budget	
Descr iption	FY2019	(Decrese)	FY2019	7131/19	Months	9130/19	FY2020	

Revenues								
Special Assessments	$524,036	$0	$524,036	$534,287	$0	$534,287	$694,941	
Special Assessments - Developer	$96,604	$0	$96,604	$96,604	$0	$96,604	$0	
Interest	$3,500	$0	$3,500	$2,651	$295	$2,946	$2,000	
Mlsellaneous Income	$0	$0	$0	$100	$0	$100	$0	
Carry Forward Surplus	$56,673	$69,150	$125,823	$85,797	$0	$85,797	$0	
Total Revenues	$680,813	$69,150	$749,963	$719,439	$295	$719,734	$696,941)	

Expenditures								
Administranye								
Supervisors Fees	$12,000	$0	$12,000	$6,400	$2,000	$8,400	$12,000	
FICA Expense	$918	$0	$918	$490	$153	$643	$918	
Engineering	$18,000	$0	$18,000	$10,082	$0	$10,082	$18,000	
Attorney	$30,000	$0	$30,000	$31,431	$0	$31,431	$30,000	
Arbilrage	$450	$0	$450	$0	$450	$450	$450	
Dissemination	$5,000	$150	$5,150	$4,317	$0	$4,317	$5,000	
Annual Audit	$3,590	$0	$3,590	$3,590	$3,590	$7,180	$3,590	
Trustee Fees	$7,000	$0	$7,000	$7,020	$0	$7,020	$7,000	
Assessment Administration	$5,000	$0	$5,000	$5,000	$0	$5,000	$5,000	
Management Fees	$45,000	$0	$45,000	$37,500	$7,500	$45,000	$45,000	
Information Technology	$1,500	$2,500	$4,000	$3,750	$250	$4,000	$2,700	
Telephone	$100	$0	$100	$50	$25	$75	$100	
Postage	$2,400	$200	$2,600	$2,111	$489	$2,600	$2,600	
Printing & Binding	$2,700	$700	$3,400	$733	$517	$1,250	$2,000	
Insurance	$15,447	$0	$15,447	$13,811	$0	$13,811	$15,422	
Legal Advertising	$3,500	$0	$3,500	$2,371	$711	$3,082	$3,500	
Other Current Charges	$100	$200	$300	$444	$117	$561	$550	
Office Supplies	$300	$0	$300	$472	$53	$525	$400	
Property Appraiser	$9,628	$0	$9,628	$0	$6,274	$6,274	$7,000	
Dues, Licenses & Subscriptions	$175	$0	$175	$175	$0	$175	$175	
Administrative Expenses	$162,808	$3,750	$166,558	$129,744	$22,129	$151,873	$161,405 1	
Q.Q: mtt'2a & Malamaaa								
Field Services	$10,000	$0	$10,000	$8,333	$1,667	$10,000	$10,000	
Electric	$2 ,000	$0	$2,000	$1,012	$233	$1.245	$2,000	
Landscape Maintenance	$143,645	$0	$143,645	$119,704	$23,941	$143,645	$155,000	
Aquatic Control Maintenance	$98,000	$5.400	$103,400	$86,167	$17,233	$103,400	$115,000	
Aquatic Midge Management	$172,800	$0	$172,800	$125,833	$25,167	$151,000	$160,000	
R&M - Drainage	$3,000	$0	$3,000	$0	$500	$500	$5,000	
R&M-Mulch	$4,500	$0	$4,500	$0	$750	$750	$6,000	
R&M Plant Replacement	$4,060	$0	$4,060	$1,400	$2,660	$4,060	$6,000	
Storm Structure Repairs	$50,000	$60,000	$110,000	$18,495	$91,505	$110,000	$50,000	
Contingency	$10,000	$0	$10,000	$199	$500	$699	$10,000	
Capital Outlay	$20,000	$0	$20,000	$5,885	$2,000	$7,885	$16,536	
Operation & Maintenance Expenses 	$518,005	$65,400	$583,405	$367,028	$166,155	$533,184	$535,536 1	
Total Expenditures	$680,813	$69,150	$749,963	$496,773	$188,284	$685,057	$696,941 1	

Excess Revenues/(Expenditures)	 	$0	$0	$0	$222,666		($187 ,989} 	$34,677	sol

Net Assessment	$694,941
Collection Cost {6%) 	$44 35B 

 	Per Unit Net	Per Unit Gross	Gross Total 

Gross Aasessmenl	 	$739  299 

	$173.00	$184.04	$614,150	
Town Center Commercial	$173.00	$184.04	$13,251	

I

   Unelatted Resldenlial	$173.00	S184 .04	$111 ,898 
!Total 		s13 9,2gs

FY19 vs FY20 Per Unit GroH Assessment Comparison
Pro	1'	Unit Count	FY19 Gross	FY20 Gross	Dlfferenee	% Increase
Platted Residential	3337	151.18	$184.04	$32.86	22%
Town Center Commorclal	72	151.18	$184.04	$32.86	22%
Unefatt ed Residential	608	151.18	$184.04	$32.86	22%
!Total	4017	I

Poinciana
Community Development District
GENERAL FUND BUDGET

REVENUES:

Special Assessments- Tax Collector

The District will levy a non-ad valorem assessment on all the assessable property within the District in order to pay for the operating expenditures during the fiscal year.

Special Assessments - Direct Billed

The District will levy a non-ad valorem assessment on all assessable property within the District in order to pay for the operating expenditures during the fiscal year. The District levies these assessments directly to the property owners.

Interest

The District earns interest income on their operating accounts and other investments.

EXPENDITURES:

Administrative:

Supervisors Fees

Chapter 190, Florida Statutes, allows for each Board member to receive $200 per meeting, not to exceed $4,800 per year paid to each Supervisor for the time devoted to District business and meetings. The amount is based on 5 supervisors attending 12 meetings during the fiscal year.

FICA Expense

Represents the Employer's share of Social Security and Medicare taxes withheld from Board of Supervisor checks.

Engineering

The District's engineer, GAi Consultants, Inc., will be providing general engineering services to the District, e.g. attendance and preparation for monthly board meetings, review of invoices and requisitions, preparation and review of contract specifications and bid documents, and various projects assigned as directed by the Board of Supervisors and the District Manager.

Attorney

The District's legal counsel, Hopping, Green & Sams, will be providing general legal services to the District, e.g. attendance and preparation for monthly meetings, preparation and review of agreements and resolutions, and other research assigned as directred by the Board of Supervisors and the District Manager.

Arbitrage

The District will contract with an independent certified public accountant to annually calculate the District's Arbitrage Rebate Liability on the Series 2012A-1 & A-2 Special Assessment Refunding Bonds. The District has contracted with AMTEC for this service.

Poinciana
Community Development District
GENERAL FUND BUDGET

Dissemination

The District is required by the Security and Exchange Commission to comply with Rule 15c2- 12(b)(5) which relates to additional reporting requirements for unrated bond issues.

Annual Audit

The District is required by Florida Statutes to arrange for an independent audit of its financial records on an annual basis. The District has contracted with Berger, Toombs, Elam, Gaines & Frank for this service.

Trustee Fees

The District will pay annual trustee fees for the Series 2012A-1 & A-2 Special Assessment Refunding Bonds that are deposited with a Trustee at USBank.

Assessment Administration

The District has contracted with Governmental Management Services-CF, LLC to levy and administer the collection of non-ad valorem assessment on all assessable property within the District.

Management Fees

The District has contracted with Governmental Management Services-Central Florida, LLC to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, budget preparation, all financial reporting, annual audit, etc.

Information Technology

Represents costs related to District's accounting and information systems, District's website creation and maintenance, electronic compliance with Florida Statutes and other electronic data requirements.

Telephone

Telephone and fax machine.

Postage

The District incurs charges for mailing of agenda packages, overnight deliveries, checks for vendors and other required correspondence.

Printing & Binding

Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc.

Insurance

The District's general liability and public officials liability insurance coverage is provided by Public Risk Insurance. Public Risk Insurance specializes in providing insurance coverage to governmental agencies.

Poinciana
Community Development District
GENERAL FUND BUDGET

Legal Advertising

The District is required to advertise various notices for monthly Board meetings, public hearings, etc in a newspaper of general circulation.

Other Current Charges

Represents any miscellaneous expenses incurred during the fiscal year such as bank fees, deposit slips, stop payments, etc.

Office Supplies

The District incurs charges for office supplies that need to be purchased during the fiscal year.

Property Appraiser

Represents a fee charged by Polk County Property Appraiser's office for assessment administration services.

Dues. Licenses & Subscriptions

The District is required to pay an annual fee to the Florida Department of Economic Opportunity for $175. This is the only expense under this category for the District.

Opeia tions & Ma intena nee:

Field Services

Provide onsite field management of contracts for the District such as landscape and lake maintenance. Services to include onsite inspections, meetings with contractors, monitoring of utility accounts, attend Board meetings and receive and respond to property owner phone calls and emails.

Electric

Represents cost of electric services for item lights. District currently has two accounts with Duke Energy.

Account#	Service Address		Monthly	Annual	
48750 39182	1051 Cypress	Pky, 9 Tunnel	Lights	$30	$360	
87555 08008	1051 Cypress	Pky, Lites/Golf	Tunnel 33	$125	$1,500	
	Contingency				$140	
	Total				$2,000	

Poinciana
Community Development District
GENERAL FUND BUDGET

Lan dscape Maintenance

The District will maintain the lake bank maintenance that include mowing of no less than once every 7 days during the months of April 1st to October 31st and no less than once every 14 days from November 1st to March 31st• The District has contracted with Floralawn 2, LLC for this service.

Description	Monthly	Annual	
Landscape Maintenance	$11,970
Contingency
Total	$143,645
$11,355	
	$155,000	

Aquatic Control Maintenance

Represents cost for maintenance to the ponds located within the District. Services include, but are not limited to, treatment removal and offsite disposal of nuisance vegetation and algae treatment. The District has contracted with Clarke Aquatic Services, Inc. for these services.

Description	Monthly	Annual	
Aquatic Maintenance	$8,617	$103,400	
Contingency			
Total		$115,000	

Aquatic Midge Management

Represents costs for aquatic midge control (blind mosquitoes, weekly ATV aerosol & monthly aerial larva side.)

Description	Monthly	Annual	
Aquatic Midge Control	$12,583
Contingency
Total	$151,000
$9,000	
	$160,000	

R&M - Drainage

Represents estimated repair and maintenance cost to the drainage structures maintained by the District.

R&M-Mulch

Represents estimated cost for mulch.

R&M - Plant Replacement

Represents estimated cost for the replacement of aquatic plants and tree replacement around the ponds.

Contingency

Represents any additional field expense that may not have been provided for in the budget.

Poinciana
Community Development District
GENERAL FUND BUDGET

Capital Outlay

Represents estimated cost for Aeration Systems.

Poinciana
Community Development District

		Fiscal Year 2020 Debt Service Fund		
	Adopted	Actual	Projected	Total	Proposed	
	Budget	Thru	Next2	Thru	Budget	
	FY2019	7/31/19	Months	9/30/19	FY2020	

Reyenues						
Special Assessments - Tax Collector	$1,404.442	$1,430,481	$0	$1,430,481	$1,361,339	
Special Assessments - Direct Billed	$313,990	$313,990	$0	$313,990	$258,779	
Special Assessments • Prepayments	$0	$14,651	$0	$14,651	$0	
Interest Income	$0	$4,854	$396	$5,250	$0	
Carry Forward Surplus	$612,054	$605,760	$0	$605,760	$720,196	
Total Revenues	 	$2,330,486	$2,369,736	$396	$2,370,132		$2,340,314 I	
Expenses						
Admlnlstratlve
Property Appraiser	
$15,500	
$0	
$14,495	
$14,495	
$15,500	
Serles 2012A·1
Special Call - 11/1	
$5,000	
$5,000	
$0	
$5,000	
$5,000	
Interest - 11/1	$209,850	$209,850	$0	$209,850	$199,909	
Principal - 5/1	$600,000	$600,000	$0	$600,000	$620,000	
Interest - 5/1	$209,850	$209,753	$0	$209,753	$199,909	
Special Call - 5/1	$5,000	$5,000	$0	$5,000	$0	
Serles 2012A-2
Special Call - 11/1	
$0	
$0	
$0	
$0	
$10,000	
Interest - 11/1	$160,425	$160,419	$0	$160.419	$152,231	
Principal - 05/1	$285,000	$285,000	$0	$285,000	$300,000	
Interest- 5/1	$160,425	$160,419	$0	$160,419	$152,231	

Total Expenditures	 	$1,651,050	$1,635,441	$14,495	$1,649,936		s1,s54,1a1 1	
Excess Revenues/(Expenditures)	$679,436	$734,296	($14,099 )	$720,196	$685,533 I	

Serles 2012A-1
interest -11 /1/2020	$189,059

 	Serles 2012A-2	
Interest -11/1/2020	$143,606	
Net Assessment	$1,361,339	
Collection Cost (6%)	 	$86,894 	
Gross Assessment	 	$1,448,233 	

Property Tlpe	Platted Units	Gross Per Unit	Gross Total I	
Platted Residential	2792	$438.05	$1,223,036	
Platted Residentail -Assessment Area 2019	423	$457.66	$193,590	
Platted Residential - Prepaid	122	$0.00	$0	
Town Center Commercial	72	$438.05	$31,607	
Unplatted Residential	608	$457.66	$278,257	
Total	4017		$1,726,490 !	

Poinciana
Community Development District

SERIES 2012A-1 AMORTIZATION SCHEDULE

DATE	BALANCE	PRINCIPAL	INTEREST	TOTAL

11/1/19	$	9,405,000.00	$	$	199,909 .38	$	199,909 .38	
5/1/20	$	9,405,000.00	$	620,000.00	$	199,909.38	$	
11/1/20	$	8,785,000.00	$	$	189,059 .38	$	1,008,968.75	
5/1/21	$	8,785,000.00	$	640,000.00	$	189,059.38	$	
11/1/21	$	8,145,000.00	$	$	177,059.38	$	1,006,118.75	
5/1/22	$	8,145,000.00	$	665,000.00	$	177,059.38	$	
11/1/22	$	7,480,000.00	$	$	164,175.00	$	1,006,234.38	
5/1/23	$	7,480,000.00	$	695,000.00	$	164,175.00	$	
11/1/23	$	6,785,000.00	$	$	150,275.00	$	1,009 ,450.00	
5/1/24	$	6,785,000.00	$	725,000.00	$	150 ,275.00	$	
11/1/24	$	6,060,000.00	$	$	134,868.75	$	1,010,143.75	
5/1/25	$	6,060,000.00	$	755,000.00	$	134,868.75	$	
11/1/25	$	5,305,000.00	$	$	118,353.13	$	1,008,221.88	
5/1/26	$	5,305,000.00	$	790,000.00	$	118,353 .13	$	
11/1/26	$	4,515,000.00	$	$	101,071.88	$	1,009,425.00	
5/1/27	$	4,515,000.00	$	825,000.00	$	101,071.88	$	
11/1/27	$	3,690,000.00	$	$	83,025 .00	$	1,009,096.88	
5/1/28	$	3,690,000.00	$	860,000.00	$	83,025 .00	$	
11/1128	$	2,830,000.00	$	$	63,675.00	$	1,006,700.00	
5/1/29	$	2,830,000.00	$	900,000.00	$	63,675.00	$	
11/1/29	$	1,930,000.00	$	$	43,425 .00	$	1,007,100.00	
5/1/30	$	1,930,000.00	$	945,000.00	$	43,425 .00	$	
11/1/30	$	985,000.00	$	$	22,162 .50	$	1,010,587.50	
5/1/31	$	985,000.00	$	985,000.00	$	22,162.50	$	1,007,162.50	
		$	9,405,000.00	$	2,894,118.75	$	12,299,11a.1s I	

Poinciana
Community Development District

SERIES 2012A-2
 	AMORTIZATION SCHEDULE

DATE	BALANCE	PRINCIPAL	INTEREST	TOTAL	
					
11/1/19	$	5,100,000.00	$	$	152,231.25	$	152,231.25	
5/1/20	$	5,100,000.00	$	300,000.00	$	152,231.25	$	
11/1/20	$	4,800,000.00	$	$	143,606.25	$	595,837.50	
5/1/21	$	4,800,000.00	$	315,000.00	$	143,606.25	$	
11/1/21	$	4,485,000.00	$	$	134,550.00	$	593,156.25	
5/1/22	$	4,485,000.00	$	335,000.00	$	134,550.00	$	
11/1/22	$	4,150,000.00	$	$	124,500.00	$	594,050.00	
5/1/23	$	4,150,000.00	$	355,000.00	$	124,500.00	$	
11/1/23	$	3,795,000 .00	$	$	113,850.00	$	593,350.00	
5/1/24	$	3,795,000.00	$	380,000.00	$	113,850.00	$	
11/1/24	$	3,415,000.00	$	$	102,450.00	$	596,300.00	
5/1/25	$	3,415,000.00	$	405 ,000 .00	$	102,450.00	$	
11/1/25	$	3,010,000 .00	$	$	90,300.00	$	597,750.00	
5/1/26	$	3,010,000.00	$	430,000.00	$	90,300.00	$	
11/1/26	$	2,580 ,000 .00	$	$	77,400.00	$	597,700.00	
5/1/27	$	2,580,000.00	$	455,000.00	$	77,400.00	$	
11/1/27	$	2,125,000 .00	$	$	63,750.00	$	596,150.00	
5/1/28	$	2,125,000.00	$	485,000.00	$	63,750.00	$	
11/1/28	$	1,640,000.00	$	$	49,200.00	$	597,950.00	
5/1/29	$	1,640,000.00	$	515,000.00	$	49,200.00	$	
11/1/29	$	1,125,000.00	$	$	33,750.00	$	597 ,95 0.00	
5/1/30	$	1,125,000.00	$	545,000.00	$	33,750.00	$	
11/1/30	$	580,000.00	$	$	17,400.00	$	596,150.00	
5/1/31	$	580,000.00	$	580,000.00	$	17,400.00	$	597,400 .00	
I	$	5,100,000.00	$	2,205,975.00	$	1,3os,91s.oo I	

S E CTION 8

RESOLUTION 2019-13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POINCIANA COMMUNITY DEVELOPMENT DISTRICT IMPOSING SPECIAL ASSESSMENTS AND CERTIFYING AN ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Poinciana Community Development District ("the District") is a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and

WHEREAS, the District is located in Polk County, Florida (the "County"); and

WHEREAS, the District has constructed or acquired various  infrastructure improvements and provides certain services in accordance with the District's adopted Improvement Plan and Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District ("Board") hereby determines to undertake various operations and maintenance activities described in the District's budget for Fiscal Year 2019-2020 ("Operations and Maintenance Budget"), attached hereto as Exhibit "A" and incorporated by reference herein; and

WHEREAS, the District must obtain sufficient funds to provide for the operation and maintenance of the services and facilities provided by the District as described in the District's budget for Fiscal Year 2019-2020; and

WHEREAS, the provision of such services, facilities, and operations is a benefit to lands within the District; and

WHEREAS, Chapter 190, Florida Statutes, provides that the District may impose special assessments on benefitted lands within the District; and

WHEREAS, the District has previously levied an assessment for debt service, a portion of which the District desires to collect on the tax roll for platted lots, pursuant to the Uniform Method (defined below) and which is also indicated on Exhibit "A", and the remaining  portion of which the District desires to levy and directly collect on the remaining unplatted lands; and

WHEREAS, Chapter 197, Florida Statutes, provides a mechanism pursuant to which such special assessments may be placed on the tax roll and collected by the local tax collector ("Uniform Method"); and

WHEREAS, the District has previously evidenced its intention to utilize this Uniform Method and has approved an Agreement with the County Tax Collector to provide for the collection of the special assessments under the Uniform Method; and

WHEREAS, it is in the best interests of the District to collected special assessments for operations and maintenance on platted lots using the Uniform Method and to directly collect from the remaining unplatted property reflecting their portion of the District's operations and maintenance expenses, as set forth in the budget; and

WHEREAS, it is in the best interests of the District to adopt the Assessment Roll of the Poinciana Community Development District (the "Assessment Roll") attached to this Resolution as Exhibit "B" and incorporated as a material part of this Resolution by this reference, and to certify the portion of the Assessment Roll on platted property to the County Tax Collector pursuant to the Uniform Method and to directly collect the remaining portion on the unplatted property; and

WHEREAS, it is in the best interests of the District to permit the District Manager to amend, from time to time, the Assessment Roll adopted herein, including that portion certified to the County Tax Collector by this Resolution, as the Property Appraiser updates the property roll for the County, for such time as authorized by Florida law.

NOW,	THEREFORE,	BE	IT	RESOLVED	BY	THE	BOARD	OF SUPERVISORS OF THE POINCIANA COMMUNITY DEVELOPMENT DISTRICT:

SECTION  1.	INCORPORATION   OF  RECITALS  AND  AUTHORITY.	The
recitals stated above are true and correct and by this reference are incorporated by reference as a material part of this Resolution. The Resolution is adopted pursuant to the provisions of Florida Law, including Chapter 170, 190 and 197, Florida Statutes.

SECTION 2. BENEFIT. The provision of the services, facilities, and operations as described in Exhibit "A" confer a special and peculiar benefit to the lands within the District, which benefits exceed or equal the costs of the assessments. The allocation of the costs to the specially benefitted lands is shown in Exhibits "A" and "B."

SECTION 3. ASSESSMENT IMPOSITION. A special assessment for operation and maintenance as provided for in Chapter 190, Florida Statutes, is hereby imposed and levied on benefitted lands within the District in accordance with Exhibit "B." The lien of the special assessments for operations and maintenance imposed and levied by this Resolution shall be effective upon passage of this Resolution.

SECTION 4. COLLECTION. The collection of the previously levied debt service assessments and operation and maintenance special assessments on platted lots and developed lands shall be at the same time and in the same manner as County taxes in accordance with the Uniform Method, as set forth in Exhibits "A" and "B." The previously levied debt services assessments and operations and maintenance assessments on undeveloped and unplatted lands will be collected directly by the District in accordance with Florida law, as set forth in Exhibits "A" and "B." Assessments directly collected by the District are due according to the flowing schedule: 50% due no later then November 1, 2019, 25% due no later than February 1, 2020 and 25% due no later than May 1, 2020. In the event that an assessment payment is not made in

accordance with the schedule stated above, such assessment and any future scheduled assessment payments due for Fiscal Year 2020 shall be delinquent and shall accrue penalties and interest in the amount of one percent (1%) per month plus all costs of collection and enforcement, and shall either be enforced pursuant to a foreclosure action, or, at the District's discretion, collected pursuant to the Uniform Method on a future tax bill, which amount may include penalties, interest, and costs of collection and enforcement. In the event as assessment subject to direct collection by the District shall be delinquent, the District Manager and District Counsel, without further authorization by the Board, may initiate foreclosure proceedings to collect and enforce the delinquent and remaining assessments. Notwithstanding the foregoing, any assessments which, by operation of law or otherwise, have been accelerated for non-payment, are not certified by this Resolution.

SECTION  5.	CERTIFICATION   OF  ASSESSMENT  ROLL.	The District's
Assessment Roll, attached to this Resolution as Exhibit "B," is hereby certified. That portion of the District's Assessment Roll which includes developed lands and platted lots is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in the same manner and time as County taxes. The proceeds there from shall be paid to the Poinciana Community Development District.

SECTION 6. ASSESSMENT ROLL AMENDMENT. The District Manager shall keep appraised of all updates made to the County property roll by Property Appraiser after the date of this Resolution, and shall amend the District's Assessment Roll in accordance with any such updates, for such time as authorized by Florida law, to the County property roll. After any amendment of the Assessment Roll, the District Manager shall file the updates to the tax roll in the District records.

SECTION 7. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

SECTION 8. EFFECTIVE DATE. This Resolution shall take effect upon  the passage and adoption of this Resolution by the Board of Supervisors of the Poinciana Community Development District.

PASSED AND ADOPTED this 2151 day of August, 2019.

ATTEST:	POINCIANA	COMMUNITY DEVELOPMENT DISTRICT

Secretary/ Assistant Secretary

By:_  _   _   _ _

Its:_   _   _   _ _

_  _  _  _  _  _  _

_  _  _  _  _  _  _

_   _ _

_   _ _

S ECTION X

S ECTION A

S ECTION 1

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
CIVIL DIVISION

POINCIANA COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special-purpose government organized and existing under the laws of the State of Florida,

and

POINCIANA WEST COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special-purpose government organized and existing under the laws of the State of Florida,

Plaintiffs,

CASE NO.: 2017-CA-003547

v.

THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF POINCIANA COMMUNITY DEVELOPMENT DISTRICT AND POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND OTHERS HAYING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE BONDS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY,

Defendants.
- - - - - - - - - - - - - - - I
MOTION FOR SUBSTITUTION OF COUNSEL

COMES  NOW  Plaintiff,  POINCIANA  COMMUNITY  DEVELOPMENT  DISTRICT

("PCDD"), and pursuant to Rule 2.505(f)(2), Fla. R. Jud. Admin., respectfully requests that Michael  J. Beaudine,  Esq.  be substituted  as co-counsel  of record  for  PCDD  in this action, and

further requests that the Court enter an order relieving Jonathan A. Stimler, Esq., from all further responsibility as co-counsel of record for PCDD in this case, and in support thereof states as follows:
Michael J. Beaudine, Esq., of the law firm of Latham, Shuker, Eden & Beaudine,

LLP, will be substituted as co-counsel for PCDD in the place of Jonathan A. Stimler, Esq. (who is no longer with said firm).
Michael J. Beaudine, Esq. previously filed a Notice of Appearance as Co-Counsel (dated July 16, 2019).
This substitution will not result in any delay or otheiwise prejudice any party.

Pursuant to Florida Rule of Judicial Administration 2.505(f)(2), Plaintifrs written consent is attached hereto as Exhibit "A."
DATED this_ day ofJuly, 2019;

Isl Michael J. Beaudine	
Michael J. Beaudine, Esq.
Florida Bar No. 0772763
Jan Albanese Carpenter, Esq. Florida Bar No. 767158 LATHAM, SHUKER, EDEN &
BEAUDINE, LLP
111 N. Magnolia Avenue, Suite 1400
Orlando, Florida 32801
Telephone:	(407) 481-5800
Facsimile:	(407) 481-5801

Attorneys for Plaintiff PCDD

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July_, 2019, a true and correct copy of the foregoing was electronically filed with the Clerk of Court via the Florida e-Portal system which will send a notice of electronic filing to all counsel of record.
/s/ Michael J. Beaudine	
Michael J, Beaudine, Esq.

EXHIBIT "A"

CONSENT TO SUBSTITUTION

I,   	l......,.k. _-"-_0=+.P.....S...:..f..:_:_e_.._., _  _  _  _  _  _
I

_ , as authorized representative for

Plaintiff, POINCIANA COMMUNITY DEVELOPMENT DISTRICT, and on behalf of such Plaintiff, do hereby authorize and consent to the substitution of counsel in this matter from Jonathan A. Stimler, Esq. to Michael J. Beaudine, Esq., of the law firm of Latham, Shuker, Eden  & Beaudine, LLP.
POINCIANA COMMUNITY DEVELOPMENT DISTRICT
By: od{       
Name:	Lr¼	t:&2.s4e 1 '--i

Title: _   C   kl  a..._'i -.=r -_

_	_	_

_	_	_

_	_	_	_

Date:_

_/  --'--+/ ----'l.    ._7   ..J,(D'-"""--r '-1--I-	-	-

/	}

S ECTt·ON ·C

S	ECTION 1

Poinciana
Community Development District
Summary of Check Register

July 10, 2019 to August 13, 2019

	Fund	Date	CheckNo.'s	Amount	I	
	General Fund	7/18/19	2794-2800	$	39,331.56	
		7/30/19	2801	$	17,936.00	
		8/6/19	2802-2803	$	12,242.26	
		8/12/19	2804	$	5,183.64	
		8/13/19	2805-2806	$	21,411.59	
				$	96,105.05	

$	96,1os.os I

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	8/13/19
***  CHECK DATES 07/10/2019 - 08/13/2019 ***	POINCIANA - GENERAL FUND
BANK A GENERAL FUND

PAGE	1

DATE		DATE	
7/18/19	00024	6/26/19	

7/18/19	
00009	
7/15/19	

7/18/19	
00011	
7/15/19	

7/18/19	
00004	
7/01/19	

7/18/19	
00010	
7/02/19	

7/18/19	
00017	
7/03/19	

7/18/19	
00005	
6/30/19	

7/30/19	
00030	
7/30/19	

8/06/19	
00004	
8/01/19	

8/06/19	
00005	
7/05/19	

CHECK	VEND#	•••••INVOICE••••••••EXPENSED TO...	VENDOR NAME
INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS

STATUS	AMOUNT	••••CHECK••••.
AMOUNT	#

346063	201906 310-51300-32200
FY18 AUDIT SERVICES

*	3,590.00

BERGER TOOMBS ELAM GAINES & FRANK
4384	201907 320-53800-47000
AQUATIC SERVICES JUL19

-  -  -  - - - -  -  -  -  -3,-59-0.-00-
*	8,616.66

002794

CLARKE AQUATIC SERVICES, INC.
1007415	201907 320-53800-47100
MOSQUITO MGMT SERV JUL19

-  -  -  - - -  -  - - - -8,-61-6.-66-
*	12,583.33

002795

CLARKE ENVIRONMENTAL MOSQUITO

- - - - - - - - - -

12,583.33 002796

- - -	-

-

4022-R	201907 320-53800-46200 LAWN MAINTENANCE JUL19

*	11,970.42

FLORALAWN 2, LLC
6-600-16 201906 310-51300-42000
DELIVERY 06/27/19

*	45.08

11,970.42 002797

FEDEX
2139665	201906 310-51300-31100
INTERIM ENG. SERVS JUN19

*	2,258.90

45.08 002798

GAI CONSULTANTS, INC
L060GOIW 201906 310-51300-48000 NOT.OF MEETING 06/19/19

*	267.17

2,258.90 002799

THE LEDGER
1287	201907 320-53800-48300
40% MOB.DEF-EROSION RPR

*	17,936.00

267.17 002800

LAKE & WETLAND MANAGEMENT ORLANDO
4115	201908 320-53800-46200
LAWN MAINTENANCE AUG19

*	11,970.42

17,936.00 002801

FLORALAWN 2, LLC
L060GOIX 201907 310-51300-48000 NOT.OF MEETING 07/17/19

*	271.84

11,970.42 002802

8/12/19 00001

THE LEDGER
8/01/1960	201908 310-51300-34000
MANAGEMENT FEES-AUG19 8/01/1960	201908 310-51300-35200
INFORMATION TECH-AUG19 8/01/1960	201908 310-51300-31300
DISSEMINATION FEE-AUG19

*	3,750.00
*	125.00
*	416.67

271.84 002803

POIN POIN CDD	TVISCARRA

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	8/13/19
***   CHECK DATES 07/10/2019 - 08/13/2019 ***	POINCIANA - GENERAL FUND
BANK A GENERAL FUND

PAGE	2

CHECK	VEND#  ...•.INVOICE•.•..•..EXPENSED TO...		VENDOR NAME DATE		DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS

STATUS

AMOUNT

..••CHECK...•. AMOUNT	#

8/01/19 60

201908 310-51300-51000

*	.36

OFFICE SUPPLIES

8/01/19
8/01/19

60
POSTAGE 60
COPIES

201908 310-51300-42000
201908 310-51300-42500

*	57.08
*	1.20

8/01/19

61	201908 320-53800-12000
FIELD MANAGEMENT-AUG19

*	833.33

8/13/19 00017

GOVERNMENTAL MANAGEMENT SERVICES-CF
7/31/19 2140821	201906 310-51300-31100	*
INTERIM ENG. SERVS JUN19
7/31/19 2140821A 201907 310-51300-31100	*
INTERIM ENG. SERVS JUL19

52.20
590.00

5,183.64 002804

8/13/19 00025

GAI CONSULTANTS, INC
8/07/19 4651670	201908 300-20700-10000
PROP. APPRAISER FEE
8/07/19 4651670	201908 310-51300-49100
PROP. APPRAISER FEE

*	14,495.47
*	6,273.92

642.20 002805

POLK COUNTY PROPERTY APPRAISER	20,769.39 002806

TOTAL FOR BANK A TOTAL FOR REGISTER

96,105.05
96,105.05

POIN POIN CDD	TVISCARRA

S ECTIO N 2

•	•	•	•	•	•

Poinciana
Community Development District

Unaudited Financial Reporting
July 31, 2019

Table of Contents

Balance Sheet

GeneraI Fund Income Statement

Debt Service Income Statement

Month to Month

FY19 Assessment Receipt Schedule

Poinciana
COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET
July 31, 2019

	General	Debt Service
 	Fund	Fund					Totals
 	2019		

ASSETS:						
CASH
OPERATING ACCOUNT - SUNTRUST	
$453,652				
$453,652	
MONEY MARKET ACCOUNT	$52,697				$52,697	
CERTIFICATE OF DEPOSIT INVESTMENTS
SERIES 2012A-1 & A-2	$109,720				$109,720	
RESERVE A-1	$535,748		$535,748	
RESERVE A-2	$322,618		$322,618	
REVENUE	$704,888		$704,888	
GENERAL REDEMPTION	$7,326		$7,326	
REDEMPTION A-1	$547		$547	
REDEMPTION A-2	$8,525		$8,525	
DUE FROM DEVELOPER	$155,632		$155,632	
DUE FROM GENERAL FUND	$13,010		$13,010	
TOTAL ASSETS	 	$771,702	$1,592,661			 	$2,364,363	

LIABILITIES:				
ACCOUNTS PAYABLE	$167,094		$167,094	
DUE TO DEBT SERVICE	$13,010		$13,010	
FUND EQUITY:				
FUND BALANCES:				
RESTRICTED FOR DEBT SERVICE 2012A-1 & A-2	$1,592,661		$1,592,661	
OPERATING RESERVE	$155,224		$155,224	
UNASSIGNED	$436,374		$436,374	
TOTAL LIABILITIES & FUND EQUITY	$771,702	$1,592,661		$2,364,363	

I	I

Poinciana
COMMUNITY DEVELOPMENT DISTRICT

GENERAL FUND
Statement of Revenues & Expenditures
For The Period Ending July 31, 2019

	ADOPTED
BUDGET	PRORATED BUDGET
THRU 7/31/19	ACTUAL
THRU 7/31/19	
VARIANCE	
REVENUES:					
ASSESSMENTS-TAX COLLECTOR	$465,75S	$465,755	$476,005	$10,251	
ASSESSMENTS-DIRECT BILLED	$58,281	$58,281	$58,281	$0	
ASSESSMENTS -DEVELOPER	$96,604	$96,604	$96,604	$0	
INTEREST	$3,500	$2,917	$2,651	($265)	
MISCELLANEOUS INCOME	$0	$0	$100	$100	
TOTAL REVENUES	$624,140	$623,557	$633,642	$10,085	

EXPENDITURES:					
ADM INISTRATIVE :					
SUPERVISOR FEES	$12,000	$10,000	$6,400	$3,600	
FICA EXPENSE	$918	$765	$490	$275	
ENGINEERING	$18,000	$15,000	$10,082	$4,918	
ATTORNEY	$30,000	$25,000	$31,431	($6,431)	
ARBITRAGE	$450	$0	$0	$0	
DISSEMINATION	$5,000	$4,167	$4,317	($150)	
ANNUAL AUDIT	$3,590	$3,590	$3,590	$0	
TRUSTEE FEES	$7,000	$7,000	$7,020	($20)	
ASSESSMENT ADMINISTRATION	$5,000	$5,000	$5,000	$0	
MANAGEMENT FEES	$45,000	$37,500	$37,500	$0	
INFORMATION TECHNOLOGY	$1,500	$1,250	$3,750	($2,500)	
TELEPHONE	$100	$83	$50	$34	
POSTAGE	$2,400	$2,000	$2,111	($111)	
PRINTING & BlNDING	$2,700	$2,250	$733	$1,517	
INSURANCE	$15,447	$15,447	$13,811	$1,636	
LEGAL ADVERTISING	$3,500	$2,917	$2,371	$546	
OTHER CURRENT CHARGES	$100	$83	$444	($360)	
OFFICE SUPPLIES	$300	$250	$472	($222)	
PROPERTY APPRAISER	$9,628	$0	$0	$0	
DUES, LICENSES & SUBSCRIPTIONS	$175	$175	$175	$0	

FIELD:					
FIELD MANAGEMENT	$10,000	$8,333	$8,333	$0	
ELECTRIC	$2,000	$1,667	$1,012	$655	
LANDSCAPE MAINTENANCE	$143,645	$119,704	$119,704	($0)	
AQUATIC CONTROL MAINTENANCE	$98,000	$81,667	$86,167	($4,500)	
AQUATIC MIDGE MANAGEMENT	$172,800	$144,000	$125,833	$18,167	
R&M DRAINAGE	$3,000	$2,500	$0	$2,500	
R&M MULCH	$4,500	$3,750	$0	$3,750	
R&M PLANT REPLACEMENT	$4,060	$3,383	$1,400	$1,983	
STORM STRUCTURES REPAIRS	$50,000	$41,667	$18,495	$23,172	
CONTINGENCY	$10,000	$8,333	$199	$8,134	
CAPITAL OUTLAY	$20,000	$16,667	$5,885	$10,782	
TOTAL EXPENDITURES	$680,813	$564,147	$496,773	$67,375	
					
EXCESS REVENUES (EXPENDITURES)	($56,673)		$136,869		
					
FUND BALANCE· BEGINNING	$56,673		$454,729		
					
FUND BALANCE· ENDING	$0		$591,598		

Poinciana
COMMUNITY DEVELOPMENT DISTRICT

SERIES 2012A-1 & A-2 DEBT SERVICE FUND
Statement of Revenues & Expenditures
For The Period En ding July 31, 2019

	ADOPTED
BUDGET	PRORATED BUDGET
THRU 7/31/19	ACTUAL
THRU 7/31/19	
VARIANCE		
REVENUES:							
ASSESSMENTS- TAX COLLECTOR		$1,404,442	$1,404,442	$1,430,481	$26,039		
ASSESSMENTS- DIRECT BILLED		$313,990	$313,990	$313,990	$0		
ASSESSMENTS - PREPAYMENT		$0	$0	$14,651	$14,651		
INTEREST		$0	$0	$4,854	$4,854		
TOTAL REVENUES		$1,718,432	$1,718,432	$1,763,977	$45,545		

EXPENDITURES:							

ADMINISTRATIVE							
PROPERTY APPRAISER		$28,380	$0	$0	$0		
SERIES 2012A-1							
SPECIAL CALL-11/1		$0	$0	$5,000	($5,000)		
INTEREST - 11/1		$209,850	$209,850	$209,850	$0		
PRINCIPAL - 05/1		$600,000	$600,000	$600,000	$0		
INTEREST - 05/1		$209,850	$209,850	$209,753	$97		
SPECIAL CALL-05/1		$0	$0	$5,000	($5,000)		
SERIES 2012A-2							
INTEREST-11/1		$160,425	$160,425	$160,419	$6		
PRINCIPAL-05/1		$285,000	$285,000	$285,000	$0		
INTEREST - 05/1		$160,425	$160,425	$160,419	$6		
TOTAL EXPENDITURES		$1,653,930	$1,625,550	$1,635,441	($9,891)		
							
EXCESS REVENUES (EXPENDITURES}		$64,502		$128,536			
							
FUND BALANCE- BEGINNING		$612,054		$1,464,125			
							
FUND BALANCE- ENDING		$676,556		$1,592,661			

Poinciana
Community Development District
Oct	Nov	Dec	Jan	Feb	Ma,	AP/	May	Jun	Jul	Aug	S!;!l	Total
REVENUES·

ASSESSMENTS· TAX COLLECTOR	$0	$86,967	S325,669	$21,628	$12,428	$5,538	$14,407	$5,764	$3,593	$12	$0	$0	$476,005	
ASSESSMENTS - DIRECT BILLED	$0	$S8,281	so	$0	$0	$0	$0	$0	$0	$0	$0	$0	$58,281	
ASSESSMENTS - DEVELOPER	so	$96,604	$0	$0	so	$0	$0	$0	$0	$0	$0	$0	$96,604	
INTEREST	$192	$263	$334	$362	$265	$266	$264	$2S7	$248	S199	$0	so	$2,651	
MISCEUANEOUS INCOME	$0	$0	$0	$0	$0	$0	SlOO	$0	$0	$0	$0	$0	$100	
TOTAL REVENUES	$192	242.ll 6	$326,003	$21,990	512.693	$5,804	si•.m	$6,022	S3.84l	5211	$0	so	5 633,64 2 j
EXPENDITURE S:

APMlNISTRATtVE·
SUPERVISOR FEES		$0	$200	$1,200	S800		$0	$1,600	Sl,000	S600	$1,000	$0	$0	$0	$6,400 FICA EXPENSE		$0		SlS		$92		S6l		so		$122		$77		$46		$77	$0	So	$0		$490 ENGINEERING	S148	$590	$1,180	$590	$468	$1,180                       $1,698                        Sl,328                $2,311                       $590                        $0                        $0                     $10,082 ATTORNEY $454 Sll,867 $4,860 S3,249 $601 $2,043 S3,051 $2,751 S2,556 so $0 $0 $31,431
ARBITRAGE		$0		$0		$0		$0		$0		so		$0		$0		$0		so	$0	$0		$0 DISSEMINATION	S467	$417	$417	S417	$417	$Sl7	$417	$417	$417	$417	$0	so	$4,317
ANNUAL AUDIT		$0	So	so	$0	$0	$0		so	$0	$3,590	so	$0	$0	S3,S90 TRUSTEE FEES		$0	$0	$0	so	$0	so	S7,020	so		so	so	$0	$0	S7,020 ASSESSMENT ADMINISTRATION	$5,000	$0	so	so	$0	$0                           $0                           so                        $0                        so                           so                           $0                          SS,000 MANAGEM ENT F EES                                     $3,750                          S3,7SO                           S3,750                       $3,750                      $3,7SO                           $3,750                             $3,750                       S3,750                S3,750                   S3,7SO                             $0                        $0                     S37,500 INFORMATION TECHNOLOGY $125 $125 S125 S2,625 $125 s12s $125 SUS S125 $125 $0 $0 S3,750
TELEPHONE			$0		S13		ss			so			S5		$0		$0		$10		$0	$17	$0	$0		sso POSTAGE		$98	SS37	S183	$2S1		$25	S218	S264	S266	$255	$14	$0	$0	S2,111 PRINTING & BINDING	$135		$11	$101		$73	$154		So                                    $73                              $42                      $88                         $56                              $0                           $0                           $733
INSURANCE	$13,811		$0			$0		so		$0			$0		$0		so		so		so	$0	$0	$13,811 LEGAL ADVERTISING		$0	$347	$267	$267		$0	$267	$417	S267	$267	S272	$0	$0		S2,371 OTHER OJRRENT CHARGES		$0		$0		S36	$167	$4S		$45                            S74                            S39                     $39                           $0                            $0                        So                            $444 OFFICE SUPPLIES                                                                    $1                                   $0                             S18                           $18                            $88                                 S29                                     $0                        $278                     $21                         S20                             $0                        $0                      $472
PROPERTY APPRAISER	$0	$0	so	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0
DUES, LICENSES & SUBSCRIPTONS	$175	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	S175

f!fill;.
FIELD MANAGEMENT		S833		$833		S833		$833		$833		$833	S833	S833	$833	S833	$0	$0	$8,333 ELECTRIC			S86			$91			$94			$90		$101		$116	$114	$110	S105	$106	$0	$0	$1,012 LANDSCAPE MAINTENANCE	Sll,970	$11,970	$11,970	$11,970	Sll ,970	$11,970                      $11,970                     $11,970             Sll,970                 $11,970                      $0                       $0                  Sl19,704 AQUATIC CONTROL MAINTENANCE $8,617 $8,617 S8,617 $8,617 $8,617 S8,617 $8,617 $8,617 $8,617 $8,617 $0 $0 $86,167
AQUATIC MIDGE MANAGEME NT	$12,583	$12,583	$12,583	$12,583	S12,S83	S12,S83	$12,583	$12,583	$12,583	$12,583	$0	$0	$125,833
R&M DRAINAGE	$0	$0	$0	$0	$0	$0	$0	$0	$0	so	so	so	$0
R&MMULCH	$0		$0	so	$0			$0	$0	so	$0	So	$0	$0	$0		$0 R&M PLANT REPLACEMENT	$0	$350	$0	$0	$1,050	$0	$0	so	$0	$0	$0	$0	$1,400 STORM STRUCTURES REPAIRS	$0		$0	$0	so		$559	$0                                      $0                         $0                        $0                  $17,936                              $0                           $0                    $18,495
CONTINGENCY	$0	$0	so	$0	$0	$199	$0	$0	$0	$0	$0	$0	$199
CAPITAL OUTLAY			$5 ,857			$0			so			$0			$0			$0		$0		$28		$0		$0	$0	$0		$5,88S TOTAL EXPENDrtURES		$64 ,109		SS2,316		$46,331		$46,363		$41,391		$44,214	$52,082	S44,0S9	$48,603	$57,306	$0	$0	$496,773 1 EXCESS REVENUES/IEXPENOITURESI	($63,9171	$181,800	$279,672	1$24,3731	($28,6981	($38,410) ($J7 ,l l lj 1$38,037) ($44,763) ($57,095) $0 $0 $136,869 1

4

Poinciana
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL  ASSESSMENTS  FY2019 RECEIPTS

MAINTENANCE

GROSS ASSESSMENTS $ CERTIFIED NET ASSESSMENTS $

499,824.26
469,834.80
100%

DATE	CHECK
NO	GROSS ASSESSMENTS
RECEIVED	
DISCOUNTS	COMMISSIONS
PAID	INTEREST
INCOME		NET ASSESSMENTS
RECEIVED		GENERAL
FUND	
	'	I		I	:	
11 / 14 /18	ACH	s	907.08	$	36.30	$	17.42	$	-	$	853.36	$	853.36	
11/20/18	ACH	s	9,115.52	$	453.33	$	173.24	s	-	$	8,488.95	$	8,488.95	
11/23/18	ACH	$	11 ,187 .32	$	447.70	$	214 . 79	s	-	$	10,524.83	$	10,524.83	
11/30/18	ACH	$	71,319.96	$	2,850.71	$	1,369.39	$	-	$	67,099 .86	$	67,099.86	
12/11/18	ACH	$	120 ,567.10	$	4,823.00	$	2,314 .88	$	-	$	113 429 . 22	$	113,429.22	
12/28/18	ACH	$	225 ,586 .96	$	9,015.68	$	4,331.43	$	-	$	212,239 .8 5	$	212,239.85	
1/15/19	ACH	$	22 ,149 .60	$	664.65	$	429.70	$	-	$	21 ,0 55 . 25	$	21,055.25	
1/31/19	ACH	$	-	$	-	s	-	s	572.77	s	572.77	$	572.77	
2/15/19	ACH	$	1 2,932 .53	$	250.66	$	253.64	$	-	$	12,4 28 . 23	$	12,428 . 23	
3/15/19	ACH	$	5,708.15	$	57.38	$	113.02	$	$	5, 53 7. 75	$	5,537 . 75	
4/15/19	ACH	$	14,667 .58	$	-	$	293 . 35	$	-	s	14 374 . 23	$	14,374 . 23	
4/26/19	ACH	$	-	$	$	$	32.46	s	32.46	$	32. 46	
5/15/19	ACH	s	5 82 5.94	$	17.52	$	44.01	$	-	s	5,76 4.41	$	5,764 .41	
6/17/19	ACH	s	1,363 . 06	$	-	$	27 . 26	$	-	s	1,33 5.80	$	l 335.80	
6/19/19	ACH	$	2, 302 .8 2	$	-	$	46 . 06	$	-	$	2,256 . 76	$	2,256 . 76	
7/25/)9	ACH	$	-	$	-	$	-	$	11.76	s	11.76	$	11.76	
		s	-	$	-	$	-	$	-	s	-	$	-	
i		I						
T O T AL COLLECTED	$	503,6 33.62	$ 18,616.93	$	9,628.19	$	616.99		$	476,00 5.49		$	476,00 5.49	
PERCENTAGE COLLECTED								101%	

DEBT SERVICE

GROSS ASSESSMENTS $ CERTIFIED NET ASSESSMENTS $

1,517,469.41
1,426,421 .25
100%

DATE	CHECK
NO	GROSS ASSESSMENTS
RECEIVED	
DISCOUNTS	COMMISSIONS
PAID	INTEREST
INCOME	NET ASSESSMENTS
RECEIVED	DEBT SERVICE
FUND	
						
11/14/18	ACH	$	3 004 . 74	$	120.18	s	57.69	$	-	$	2,826 .87	$	2,8 26 . 87	
11/20/18	ACH	$	26 , 524.56	$	1,320.07	$	504 .09	$	$	24,700.40	$	24,700.40	
11/23/18	ACH	$	33,113.75	$	1,324.44	$	635.79	$	-	s	31,15 3. 52	$	31,153.52	
11/30/18	ACH	$	203,421.54	$	8,126.15	s	3,905.91	s	-	s	191 38 9 . 48	$	191,389.48	
12 / 11 /18	ACH	$	360 , 736.57	$ 14,422.53	$	6,926.28	$	-	$	339,38 7.76	$	339 387.76	
12/28/18	ACH	$	710 ,820.68	$ 28,387.97	$ 13,648.65	$	-	$	668,78 4.06	$	668,784.06	
1/15/19	ACH	$	64 ,926 . 57	$	1,946.56	$	1,259 .60	s	-	$	61 ,720 . 41	$	61,720.41	
1/31/19	ACH	$	-	$	-	$	-	$	1,744.76	s	1 ,744 . 76	$	1,744.76	
2/15/19	ACH	$	38 ,41 7.01	$	745.98	$	753 .42	s	-	$	36,91 7.61	s	3 6,91 7.61	
3/15/19	ACH	$	16,478.00	$	165. 84	$	326.24	$	-	$	15,985.92	s	15 98 5. 92	
4/15/19	ACH	$	43 735.38	$	-	$	874. 71	$	-	$	42,860.67	s	42 ,860.67	
4/26/19	ACH	$	-	$	-	$	-	$	96.10	s	96 . 10	$	96.10	
5/15/19	ACH	$	2, 206 . 56	$	6.05	$	116.17	s	-	s	2,08 4.34	$	2,084.34	
6 / 17/19	ACH	$	3,9 49.40	$	-	$	78.99	$	-	s	3 ,87 0.41	s	3,87 0. 41	
6/19/l9	ACH	$	7,065.95	$	-	$	141.32	$	-	$	6,924.63	$	6,924.63	
7/25/19	ACH	$	-	s	-	$	-	$	34.17	$	34.17	$	34.17	
		$	-	s	-	s	-	s	-	$	-	$	-	
	!			:	
TOTAL COLLECTED	s	1,514,400.71	$	56,565.77	$	29,228.86	$	1,875.03	$	1,430 ,481.11	$	l 430,481.1 1	
PERCENTAGE  COLLECTED	1 00 %	

TAYLOR MORRISON

DIRECT BILLED ASSESSMENTS

$372,271.37	$58,281.12	$313,990.25

DATE
RECEIVED	DUE
DATE	CHECK
NO.	NET
ASSESSED	AMOUNT
RECEIVED	GENERAL
FUND	DEBT
SERVICE	
11/2/18
11/2/18
11 /2 /18	12/1/18
2/1/19
5 /1/19	58234
58234
58234	$  186,13 5.69
$     93,067 .84
$     93,067 .84	$   186,  13 5.69
$    93,067.84
$    93,067.84	$	29,140 . 56
$	14,570 . 28
$	14,S 70 . 28	s	156,99 5.13
s	78,497 . 56
$	78,497.56	
			$ 372,271.37	$ 372,271.37	$	58,28 1.12	$	313,990.25	

5

S ECTION 3

NOTICE OF MEETING DATES POINCIANA
COMMUNITY DEVELOPMENT DISTRICT

The Board of Supervisors of the Poinciana Community Development  District will hold the regularly scheduled public meetings for Fiscal Year 2020 at 11:00 a.m. in the Starlite Ballroom at 384 Village Drive, Poinciana, Florida 34759 on the third Wednesday each month as follows unless indicated otherwise:

October 16, 2019 November20,2019 December18,2019 January 15, 2020
February 19, 2020
March 18, 2020
April 15, 2020
May 20, 2020
June 17, 2020
July 15, 2020
August 19, 2020
September 16, 2020

The meetings are open to the public and will be conducted  in  accordance  with the provisions of Florida Law for Community Development Districts. A copy of the agenda for a particular meeting may be obtained from the District Manager at 135 W. Central Blvd., Suite 320, Orlando, FL 32801.

A meeting may be continued to a date, time, and place to be specified on the record at that meeting. There may be occasions when one or more Supervisors may participate by telephone.

Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Office at least forty-eight
hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1 or 1-800-955-8770, for aid in contacting the District Office.

Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including  the testimony and evidence upon which such appeal is to be based.
George S. Flint
Governmental Management Services - Central Florida, LLC District Manager

S ECTION D

S ECTION 1

Poinciana Community Development District

Field Mana gementReport August 21, 2019

To:	George Flint District Manager
From:	Clayton Smith
Field Services Manager

RE:	Poinciana COD-August 21, 2019
The following is a summary of items related to the field operations and management of the Poinciana Community Development District.

General Maintenance performed
Cleaning of panels and inspection.
Contacted manufacturer about fuse issues. Some adjustments were made at manufacturers direction.
Looking into Warranty options for compressors on one unit.

On-going pond site-review Inventorying and documenting any possible priority repairs for next budget year.
Working with Engineer to determine priority and importance of items.

New side-by-side vehicle purchased by GMS allows faster review of ponds.
Monitoring, repairs and maintenance of pond structures and banks is ongoing.

Additional action items regarding pond D-2, E-31, Pond bank restoration company to restore all of E-31 and necessary parts of D-2.
Work to begin September
2 and end September 11.

Planted beds with palm trees are having specified no longer needed supports removed.
Working with landscaper to clean up and re­ establish some bed edges.

Repair washout behind mitered end sections.
._ Most economical approach to be taken. Breaking up MES and replacing with rip-rap or pond bank restoration. Next fiscal year due to budget.

Continue to monitor tunnels for a need to pressure wash/clean them.
Tunnels could use pressure washing some time during beginning of FY 2020.

For any questions or comments regarding the above information, please contact me by phone at 407-201-1514, or by email at csmith@gmscfl.com Thank you.

Respectfully, Clayton Smith

-

ClO( <e	PCDD Monthly Midge Treatment Report July 2019

Customer	Route	Start Date	End Date	Used Quantl tv	Unit of Measure	Chemical Used Quanti tv	Unit of Measure	
PCDDTRUCK ULV	Venezia	7/1/19	7/1/19	2.5	ml	0.56	gal	
PCDD TRUCK ULV	Bella Viana	7/1/19	7/1/19	2	mi	0.44	gal	
PCDD TRUCK ULV	Lat10 Vista	7/1/19	7/1/19	0.4	mi	0.08	gal	
PCDD TRUCK ULV	Monte Lena	7/1/19	7/1/19	0.7	mi	0.16	gal	
PCDD TRUCK ULV	Rainbow Lakes	7/1/19	7/1/19	0.5	mi	0 .11	gal	
PCDD TRUCK ULV	Terra/Flora Vista	7/1/19	7/1/19	2.6	ml	0.58	gal	
PCDD TRUCK ULV	Capri	7/1/19	7/1/19	0.8	mi	0.17	gal	
PCDDTRUCKULV	Portofino	7/1/19	7/1/19	1.2	mi	0.26	gal	
PCDDATV ULV	ATV-all ponds	7/3/19	7/3/19	9.1	mi	1.42	oal	
PCDOTRUCK ULV	Venezia	7/8/19	7/8/19	2.5	ml	0.56	gal	
PCDD TRUCK ULV	Bella Viana	7/8/19	7/8/19	2	mi	0.44	gal	
PCDDTRUCKULV	La oo Vista	7/8119	7/8/19	0.4	mi	0.08	gal	
PCDDTRUCKULV	Monte Lena	718119	7/8/19	0.7	mi	0.16	gal	
PCDDTRUCK ULV	Rainbow Lakes	7/8/19	7/8/19	0.5	mi	0.11	gal	
PCDDTRUCK ULV	Terra/Flora Vista	7/8/19	7/8/19	2.6	ml	0.58	gal	
PCDDTRUCK ULV	Capri	7/8/19	7/8/19	0.7	mi	0.17	gal	
PCDD TRUCK ULV	Portofino	7/8/19	7/8/19	1.2	mi	0.27	gal	
PCDDATVULV	ATV-all oonds	7/11/19	7/11119	7.1	mi	1.12	gal	
PCOD TRUCK ULV	Venezia	7/15/19	7/15/19	2.5	mi	0.55	gal	
PCDD TRUCK ULV	Bella Viana	7/15/19	7/15/19	2	mi	0.45	gal	
PCDD TRUCK ULV	La ao Vista	7/15/19	7/15/19	0.4	mi	0.08	gal	
PCDD TRUCK ULV	Monte Lena	7/15/19	7/15/19	0.7	mi	0.16	gal	
PCDD TRUCK ULV	Rainbow Lakes	7/15/19	7/15/19	0.4	mi	0.11	gal	
PCDD TRUCK ULV	Terra/Flora Vista	7/ 15/19	7/15/19	3.5	mi	0.59	gal	
PCOD TRUCK ULV	Caori	7/15/19	7/15/19	0.8	mi	0.17	gal	
PCOD TRUCK ULV	Prort iftno	7/15/ 1 9	7/15/19	1.2	mi	0.27	gal	
PCDD ,\ TV ULV	ATV-all p onds	7/ 18/19	7/18/19	9.9	mi	1.46	qal	
PCDDTRUCK ULV	Venezia	7/22119	7122119	2.3	mi	0.51	gal	
PCDDTRUt:K ULV	Bella Viana	7U2/1!J	lla,1!J		m,	U.41	gal	
PCDD TRUCK ULV	La oo Vista	7/22 119	7122/19	0.4	mi	0.08	gal	
PCDDTRUCK ULV	Monte Lena	7/22/19	7/22/19	0.7	mi	0.16	gal	
PCOOTRUCKULV	Rainbow Lakes	7/22/19	7/22/19	0.4	mi	0.11	gal	
PCDDTRUCK ULV	Terra/Flora Vista	7/22/19	7/22/19	2.6	mi	0.58	gal	
PCDDTRUCK ULV	Capri	7/22/19	7/22/19	0.6	mi	0.17	gal	
PCDD TRUCK ULV	Portofino	7/22/19	7/22/19	1.2	mi	0.27	gal	
PCDDATV ULV	ATV-all ponds	7/25/19	7/25/19	9.7	mi	1.45	cal	
Total For The Month	79.00	mi	14.85	gal	

Abate 5% Pellets Larvlclde Ponds	Start Date     End Date     Used Quan ti	Unit of Measure	Chemi cal Used Quant!	Uni t of Measure
 	NONE FOR JULY	
Total For The Month	0.00	ac	.00	lb

Abate 4E Larvlclde Ponds	Start Date	End Date	Use d Quanti	Unit of Measure	Chemi cal Used Quant it	Unit of Measure	
B1 E3	7/11/19	7/11/19	15.36	ac	23	oz	
Total F r Th	Month		15.36	ac	.00	z	

1/2	6/6/2014 4:10:07 PM

C     PCDD Monthly Treatment Report
Date between: 7/1/2019 and 7/31/2019

Customer Site ID	Treatment Date	Condition/Weeds Treated	
10-A	7/1/19	Clean	
10 -B	7/1/19	Clean	
A-1	7/10/19	Filamentous	
A-1	7/10/19	Hydrilla	
A-11	7/1/19	Clean	
A-12	7/1/19	Clean	
A-13	7/1/19	Clean	
A-2	7 /18/19	Filamentous	
A-2	7 /18/19	Spike Rush	
A-20	7/10/19	Filamentous	
A-21	7/24/19	Filamentous	
A-22	7/24/19	Filamentous	
A-3	7 /1/19	Clean	
A-4	7/1/19	Clean	
A-5	7/1/19	Clean	
A-6	7/1/19	Clean	
A-7	7/1/19	Clean	
A-8	7 /15/19	Filamentous	
A-8	7 /15/19	Spike Rush	
A-9	7 /1/19	Clean	
B-1	7/24/19	Filamentous	
8-11	7/18/19	Filamentous	
8-15	7/22/19	Clean	
B-16	7/1/19	Clean	
8-6	7/24/19	Alligator Weed	
B-6	7/24/19	Chara spp.	
8-6	7/24/19	Filamentous	
8-6	7/24/19	Pennywort	
8-6	7/24/19	Shoreline Grasses	
C-1	7/18/19	Clean	
C-10	7 /10/19	Filamentous	
C-10	7/10/19	Hydrilla	
C-11	7/15/19	Filamentous	
C-12	7/24/19	Filamentous	
C-12	7/24/19	Hydrilla	
C-13	7 /1/19	Clean	
C-14	7 /1/19	Clean	
C-15	7/15/19	Clean	
C-16	7/1/19	Clean	
C-17	7/17/19	Filamentous	
C-18	7 /1/19	Clean	
C-19	7/17/19	Filamentous	
C-2	7/8/19	Clean	
C-20	7 /10/19	Filamentous	

C-20	7/10/19	Hydrilla	
C-3	7 /18/19	Clean	
C-6	7/17/19	Filamentous	
C-68	7/17/19	Filamentous	
C-8	7/1/19	Clean	
C-9	7/10/19	Clean	
D-1	7/1/19	Clean	
D-10	7/1/19	Clean	
D-11	7/1/19	Clean	
D-2	7/1/19	Clean	
D-3	7 /1/19	Clean	
D-4	7/1/19	Clean	
D-5	7/18/19	Clean	
D-6	7/1/19	Clean	
D-7	7 /1/19	Clean	
D-8	7 /1/19	Clean	
D-9	7/1/19	Clean	
E-1	7 /18/19	Clean	
E-11	7 /2/19	Clean	
E-18	7 /2/19	Clean	
E-19	7/2/19	Clean	
E-2	7/18/19	Clean	
E-21	7 /2/19	Clean	
E-3	7/18/19	Clean	
E-31	7/2/19	Clean	
E-5	7/18/19	Clean	
E-6	7/2/19	Clean	
E-8	7/2/19	Clean	
F-7	7/18/19	Clean	
POND B-5	7/24/19	Chara spp.	
POND 8-5	7/24/19	Filamentous	

A

Night Truck Spray

Poinciana Community Development District Monthly Midge Treatment Report
July 1, 2019-July 31, 2019

43.2 Miles were sprayed

ATV ULV Spray

35.8 Miles were sprayed

Backpack Pellet Larvicide

_Q_ Acres were treated

Boat Larvicide Treatments

15.36 Acres were treated

SECTION 2

Date

Customer Complaint Log Poinciana CDD
 	
Resident	Address	Pond	Contact	Complaint	Assigned To	Resolution	Date Resolved

6/17/19	Sylvester Brown	1232 Glendora Road N	P-0 4	312-771-3005	Pond Draining	Clayton Smith	Spoke to homeowner	6/17/19	
6/24/19	Roslyn Thinglestad	1227 Cambria Bend	C-10	863-427-3581	Algae/Hydrilla on pond	Clayton Smith	Sprayed	6/26/19	
7/1/19	Elizabeth Kennedy	512 Santavita Place	C-10	561-601-4748	Midges	Clayton Smith	Sprayed	7/11/19	
7/5/19	Roslyn Thinglestad	1227 Cambria Bend	C-10	863-427-3581	Algae/Hydrilla on pond	Clayton Smith	Sprayed	7/10/19	
7/18/19	Leona Milano	205 Grand Canal Drive	A-911	516-545-1006	Debris in pond	Clayton Smith	Picked up	7/22/19	

7/19/19	

Honey Moskowitz	

118 Verona Drive	

D-4	

863-852-8795	

Barrier between ponds	

Clayton Smith	New skimmer, not a barrier, spoke to
homeowner	

7/22/19	
7/23/19	Inez Mitchell	501 Santavita Place	C-10	Not given	Algae on pond	Clayton Smith	Will be sprayed	8/19/19	

7/29/19	

Heather Hayes	

364 New River Drive	

B-16	

703-282-7753	

Midge Control	

Clayton Smith	Not contracted for midges, but area inspected, no great
evidence  of midges		
7/31/19	Andrew Regalmunto	513 Montage lane	C-19	630-470-1110	Algae on pond	Clayton Smith	Will be sprayed	8/19/19	

8/1/19	

Marilyn Uslan	

328 New River Drive	

B-16	

732-406-5588	

Midge Control	

Clayton Smith	Not contracted for midges, but area inspected, no great
evidence of midges		
8/6/19	Elizabeth Kennedy	512 Santavita Place	C-10	561-601-4748	Midge Control	Clayton Smith	WiII be sprayed	8/19/19	

8/9/19	
Robert Zimbardi	
524 Catania lane	
B-1	
863-427-1531	
Midge Control	
Clayton Smith	Complimentary barrier
treatment	
8/12/19	
8/9/19	Linda Simko	561 Grand Canal Drive	A-1213	330-281-3929	Algae/Midge Control	Clayton Smith	TBD		
8/15/19	Andrew Regalmunto	513 Montage lane	C-19	630-470-1110	Algae on pond	Clayton Smith	TBD