AVENIR COMMUNITY DEVELOPMENT
DISTRICT

CITY OF PALM BEACH GARDENS REGULAR BOARD MEETING
& PUBLIC HEARING AUGUST 23, 2018
12:00 P.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

www.avenircdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
AVENIR COMMUNITY DEVELOPMENT DISTRICT
The Oaks Center 2501 Burns Road, Suite A
Palm Beach Gardens, Florida 33410
REGULAR BOARD MEETING & PUBLIC HEARING
August 23, 2018
12:00 p.m.

A.  Call to Order
B.  Proof of Publication………………………………………………………………………………...Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
July 26, 2018 Regular Board Meeting Minutes………………………………………………...Page 3
Public Hearing
1.  Proof of Publication.....................................................................................................................Page 7
Receive Public comments on Adopting Fiscal Year 2018/2019 Final Budget
Consider Resolution No. 2018-11 – Adopting a Fiscal Year 2018/2019 Final Budget...............Page 8
Old Business
New Business
1.  Consider Approval of Conservation Easement............................................................................Page 14
Consider Approval of First Amendment to Kimley-Horn Assignment and Assumption Agreement……………………………………………………….................................................Page 53
Consider Approval of Termination and Rescission of HSQ Assignment and Assumption Agreement……………………………………………………….................................................Page 61
Consider Authorization to Request Proposals for Entrance Feature
Administrative Matters
Board Member Comments
Adjourn

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AVENIR COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
JULY 26, 2018

CALL TO ORDER

The Regular Board Meeting of the Avenir Community Development District was called to order at 12:00 noon in the offices of Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida 33410.

PROOF OF PUBLICATION

Proof of publication was presented which indicated that notice of the Regular Board Meeting had been published in The Palm Beach Post on January 19, 2018 as legally required.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance: Chairperson Virginia Cepero and Supervisors Daniel Lopez and Roberto Horowitz.
Also in attendance were Peter L. Pimentel, Andrew Kameris and Tricia LasCasas of Special District Services, Inc.; and District Counsel Dennis Lyles of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.

District Engineer Carlos Ballbe of Ballbe & Associates was in attendance via telephone

ADDITIONS OR DELETIONS TO AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES

May 16, 2018, Special Board Meeting

The minutes of the May 16, 2018, Special Board Meeting were presented for approval.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and passed unanimously approving the minutes of the May 16, 2018, Special Board Meeting, as presented.

OLD BUSINESS
There were no Old Business items to come before the Board.

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NEW BUSINESS

Consider Resolution No. 2018-08 – Amending Resolution No. 2018-06 Amending the Date and Time for the Budget Public Hearing

Resolution No. 2018-08 was presented, entitled:

RESOLUTION NO. 2018-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT AMENDING RESOLUTION NO. 2018-06; AMENDING THE DATE AND TIME FOR THE PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2018/2019 FINAL BUDGET AND ASSESSMENTS AND AUTHORIZING THE SECRETARY AND DISTRICT MANAGER TO TAKE CERTAIN ACTIONS TO ACCOMPLISH THE INTENT OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz, and unanimously passed to adopt Resolution No. 2018-08, setting the Public Hearing for August 23, 2018.

Consider Resolution No. 2018-09 – Adopting a Fiscal Year 2018/2019 Meeting Schedule

Resolution No. 2018-09 was presented, entitled:

RESOLUTION NO. 2018-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2018/2019 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

It was noted that the Board previously set the fourth Thursday of each month for its regular meeting; however the fourth Thursday in November is Thanksgiving Day. The consensus was to move the November meeting to the third Thursday in November.

A motion was made by Mr. Lopez, seconded by Ms. Cepero, and unanimously passed adopting Resolution No. 2018-09, as amended.

Consider Resolution No. 2018-10 – Adopting Revised Florida Statewide Mutual Aid Agreement

RESOLUTION NO. 2018-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, APPROVING  THE  REVISED  FLORIDA  STATEWIDE  MUTUAL  AID

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AGREEMENT;  PROVIDING  FOR  SEVERABILITY;  AND  PROVIDING FOR AN EFFECTIVE DATE.
Attorney Lyles acknowledged that the changes were minor in nature and recommended approval.
A motion was made by Mr. Lopez, seconded by Ms. Cepero, and unanimously passed adopting Resolution No. 2018-10 as presented.
Consider Appointment of Audit Committee & Approval of Evaluation Criteria

Mr. Pimentel reported that since the District has now issued bonds, it is required to engage the services of an independent auditor to perform an annual audit of the District. Under Florida Statutes, the District must designate an Auditor Selection Committee and select an auditor utilizing the criteria similar to that contained in the Board members notebooks. The criteria, if approved by the Board, would designate the Board as the Auditor Selection Committee, and the District would engage an auditor for three years with two one-year options for renewal at the discretion of the Board. Following review of the criteria a motion was made as follows:

A motion was made by Mr. Horowitz, seconded by Ms. Cepero, and unanimously passed appointing the Board of Supervisors as the Auditor Selection Committee and adopting the Audit Selection Evaluation Criteria as presented.

Consider Approval of Interlocal Agreement with Tax Collector
Mr. Pimentel referred to the proposed Interlocal Agreement with the Palm Beach County Tax Collector contained in the Board members notebooks. He stated that the Agreement is necessary in order for the Tax Collector to collect the District’s assessments once they get on the tax roll. He noted that the Agreement is non-negotiable and is a requirement if the County Tax Collector is to provide the service.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz, and unanimously passed to approve the Interlocal Agreement with the Palm Beach County Tax Collector as presented.

Consider Approval of First Amendment to Agreement between the District and Portuondo Perotti Architects, Inc.
Mr. Pimentel referred to the proposed First Amendment to Agreement with Portuondo Perotti Architects, Inc. contained in the Board members notebooks. He stated that the Amendment pertains to architectural and engineering services for the design and construction of the Avenir Entrance Feature and is in the amount of $40,000.
A motion was made by Mr. Lopez, seconded by Ms. Cepero, and unanimously passed to approve the First Amendment to Agreement with Portuondo Perotti Architects, Inc. as presented.

ADMINISTRATIVE MATTERS

Consider Settlement Agreement Regarding ADA Website Compliancy
Attorney Lyles reported on a lawsuit filed against the District regarding an alleged violation of the Federal American with Disabilities Act (ADA) pertaining to the District’s web site. He stated that similar lawsuits have been filed against a number of special districts in Florida and settlements similar to the one that he presented to the Board is being accepted by the Plaintiff. He then presented and reviewed the proposed Full and Final Settlement Agreement between the parties to the Lawsuit that

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requires a settlement payment from the District in the amount of $2,000.  He noted that the District has 18 months to modify its web site to comply with the Act.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz, and unanimously passed to approve the Full and Final Settlement Agreement as presented.

BOARD MEMBER COMMENTS

There were no further comments from the Board Members.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Lopez, seconded by Mr. Horowitz and passed unanimously to adjourn the meeting at 12:12 p.m.

ATTESTED BY:

 	
Secretary/Assistant Secretary	Chairperson/Vice-Chair

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Palm Beach Post, The
Aug. 10, 2018
Miscellaneous Notices

AVENIR COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2018/2019 BUDGET AND NOTICE OF REGULAR BOARD OF SUPERVISORS' MEETING The Board of
Supervisors of the Avenir Community Development District will hold a public hearing on August 23, 2018, at 12:00 p.m. (noon) in the Oaks Center located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 for the purpose of hearing comments and objections on the adoption of the budget of the District for Fiscal Year 2018/2019. A regular board meeting of the District will also be held at that time where the Board may consider any other business that may properly come before it. A copy of the agenda and budget may be obtained from the District's website or at the offices of the District Manager, 2501A Burns Road, Palm Beach Gardens, Florida 33410, Telephone: (561) 630-4922 and/or toll free at 1-877-737-4922, during normal business hours. The public hearing and meeting are open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The public hearing and meeting may be continued to a date, time, and place to be specified on the record at the meeting. There may be occasions when staff or Supervisors may participate by speaker telephone. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) 630-4922 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in
contacting the District Office. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of 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. Meetings may be cancelled from time to time without advertised notice. AVENIR COMMUNITY DEVELOPMENT DISTRICT www.avenircdd.org 8-3, 8-10/2018

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RESOLUTION NO. 2018-11

A  RESOLUTION  OF  THE  AVENIR  COMMUNITY  DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2018/2019 BUDGET.

WHEREAS, the Avenir Community Development District (“District”) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2018/2019 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and,

WHEREAS, following the Public Hearing and the adoption of the Proposed Budget and Final Assessment Roll, the District is now authorized to levy non ad-valorem assessments upon the properties within the District.

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

Section 1.	The Final Budget and Final Special Assessment Roll for Fiscal Year 2018/2019 attached hereto as Exhibit “A” is approved and adopted, and the assessments
set forth therein shall be levied.

Section 2.	The Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution.

PASSED, ADOPTED and EFFECTIVE this 23rd day of August, 2018.

ATTEST:	AVENIR
COMMUNITY DEVELOPMENT DISTRICT

By: 	By: 
Secretary/Assistant Secretary	Chairperson/Vice Chairperson

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Avenir
Community Development District

Final Budget For Fiscal Year 2018/2019
October 1, 2018 - September 30, 2019

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CONTENTS

FINAL BUDGET

DETAILED FINAL BUDGET

DETAILED FINAL DEBT SERVICE BUDGET

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FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2018/2019
OCTOBER 1, 2018 - SEPTEMBER 30, 2019

REVENUES	
FISCAL YEAR 2018/2019 BUDGET	
O&M Assessments	0	
Landowner Contribution - O&M	94,125	
Landowner Contribution - Debt	2,064,296	
Debt Assessments	0	
Debt - Capitalized Interest	2,064,796	
Interest Income	0	
		
TOTAL REVENUES	$		4,223,217	
		
EXPENDITURES		
Supervisor Fees	0	
Engineering/Inspections/Miscellaneous Maintenance	5,000	
Engineering Report	0	
Management	39,000	
Legal	20,000	
Assessment Roll	7,500	
Methodology Report	0	
Audit Fees	5,000	
Arbitrage Rebate Fee	650	
Insurance	6,000	
Legal Advertisements	2,500	
Miscellaneous	2,500	
Postage	300	
Office Supplies	1,000	
Dues & Subscriptions	175	
Trustee Fees	3,500	
Continuing Disclosure Fee	1,000	
		
TOTAL EXPENDITURES	$		94,125	
		
REVENUES LESS EXPENDITURES	$		4,129,092	
		
Bond Payments	(4,129,092)	
		
BALANCE	$		-	
		
County Appraiser & Tax Collector Fee	0	
Discounts For Early Payments	0	
		
EXCESS/ (SHORTFALL)	$		-	

7/17/2018  3:56 PM	I	Page 11

DETAILED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2018/2019
OCTOBER 1, 2018 - SEPTEMBER 30, 2019

REVENUES	
FISCAL YEAR 2016/2017 ACTUAL	
FISCAL YEAR 2017/2018 BUDGET	
FISCAL YEAR 2018/2019 BUDGET	

COMMENTS	
O&M Assessments	0	0	0		
Landowner Contribution - O&M	63,382	129,875	94,125	Landowner Contribution - O&M	
Landowner Contribution - Debt	0	0	2,064,296	Landowner Contribution - Debt	
Debt Assessments	0	0	0		
Debt - Capitalized Interest	0	0	2,064,796		
Interest Income	0	0	0		
					
TOTAL REVENUES	$	63,382	$	129,875	$	4,223,217		
					
EXPENDITURES					
Supervisor Fees	0	0	0		
Engineering/Inspections/Miscellaneous Maintenance	0	5,000	5,000		
Engineering Report	0	20,000	0		
Management	22,750	39,000	39,000	12 Months X $3,250 (Includes Website Management)	
Legal	22,144	20,000	20,000	No Change From 2017/2018 Budget	
Assessment Roll	0	0	7,500	Will Commence In Fiscal Year Following Issuing Of Bond	
Methodology Report	0	18,000	0		
Audit Fees	0	5,000	5,000	Will Commence In Fiscal Year Following Issuing Of Bond	
Arbitrage Rebate Fee	0	650	650	Will Commence In Fiscal Year Following Issuing Of Bond	
Insurance	2,644	5,500	6,000	Insurance Estimate	
Legal Advertisements	3,781	10,000	2,500	Will Decrease Upon Issuance Of Bond	
Miscellaneous	5,058	1,500	2,500	$1,000 Increase From 2017/2018 Budget	
Postage	217	300	300	No Change From 2017/2018 Budget	
Office Supplies	1,368	750	1,000	No Change From 2017/2018 Budget	
Dues & Subscriptions	125	175	175	Annual Fee Due Department Of Economic Opportunity	
Trustee Fees	0	3,000	3,500	Will Commence In Fiscal Year Following Issuing Of Bond	
Continuing Disclosure Fee	0	1,000	1,000	Will Commence In Fiscal Year Following Issuing Of Bond	
					
TOTAL EXPENDITURES	$	58,087	$	129,875	$	94,125		
					
REVENUES LESS EXPENDITURES	$	5,295	$	-	$	4,129,092		
					
Bond Payments	0	0	(4,129,092)		
					
BALANCE	$	5,295	$	-	$	-		
					
County Appraiser & Tax Collector Fee	0	0	0		
Discounts For Early Payments	0	0	0		
					
EXCESS/ (SHORTFALL)	$	5,295	$	-	$	-		

7/17/2018  3:56 PM	II	Page 12

DETAILED FINAL DEBT SERVICE FUND BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2018/2019
OCTOBER 1, 2018 - SEPTEMBER 30, 2019

REVENUES	FISCAL YEAR 2016/2017 ACTUAL	FISCAL YEAR 2017/2018 BUDGET	FISCAL YEAR 2018/2019 BUDGET	

COMMENTS	
Interest Income	0	0	500	Projected Interest For 2018/2019	
NAV Tax Collection	0	0	0	
On-Roll Debt Assessments Commence In 2019/2020	
Landowner Contribution	0	0	2,064,296	
Capitalized Interest Set-Up Through May 2019	
Capitalized Interest	0	0	2,064,796	
Capitalized Interest Set-Up Through May 2019	
Total Revenues	$		-	$		-	$	4,129,592		
					
EXPENDITURES					
Principal Payments 2018-1	0	0	0	No Principal Payments Due In 2019	

Principal Payments 2018-2 Taxable	0	0	0	No Principal Payments Due In 2019	
Principal Payments 2018-2	0	0	0	No Principal Payments Due In 2019	
Principal Payments 2018-3	0	0	0	No Principal Payments Due In 2019	
Interest Payments 2018-1	0	0	1,732,500	Interest Payments Due In 2019	

Interest Payments 2018-2 Taxable	0	0	1,457,155	Interest Payments Due In 2019	
Interest Payments 2018-2	0	0	274,950	Interest Payments Due In 2019	
Interest Payments 2018-3	0	0	664,987	Interest Payments Due In 2019	
Total Expenditures	$		-	$		-	$	4,129,592		
					
Excess/ (Shortfall)	$		-	$		-	$	-		

Note: Capitalized Interest Was Set-Up Through May 2019

Series 2018-1 Bond Information

Original Par Amount =	$31,500,000	Annual Principal Payments Due =	May 1st	
Interest Rate =	5.50%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	May 2018			
Maturity Date =	May 2049			
Series 2018-2 Taxable Bond Information

Original Par Amount =	$18,445,000	Annual Principal Payments Due =	N/A	
Interest Rate =	7.90%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	May 2018			
Maturity Date =	May 2029			
Series 2018-2 Bond Information

Original Par Amount =	$4,700,000	Annual Principal Payments Due =	N/A	
Interest Rate =	5.85%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	May 2018			
Maturity Date =	May 2029			
Series 2018-3 Bond Information

Original Par Amount =	$11,565,000	Annual Principal Payments Due =	May 1st	
Interest Rate =	5.75%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	May 2018			
Maturity Date =	May 2049			

7/17/2018  3:56 PM	IV	Page 13

Prepared by:
Rosa Eckstein Schechter, Esq. Avenir Development, LLC
550 Biltmore Way, Suite 1110 Coral Gables, Florida 33134

Return to:
Avenir Community Development District clo Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410

CONSERVATION EASEMENT

THIS CONSERVATION EASEMENT (this "Conservation Easement") is given this	day of
 	, 2018, by Avenir Development, LLC, a Florida limited liability company ("Grantor"), whose mailing address is 777 South Flagler Drive, Suite 500 East, West Palm Beach, Florida 33401, to the Avenir Community Development District, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes ("Grantee"), whose mailing address is clo Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida 33410.

WITNESSETH

WHEREAS, the Grantor is the fee simple owner of certain lands situated in Palm Beach County Florida, more specifically described on Exhibit "A" attached hereto and incorporated herein (the "Conservation Easement Area"); and

WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual, non- exclusive conservation easement over the Conservation Easement Area, subject to the provisions contained herein.

NOW, THEREFORE, for good and valuable consideration provided to the Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual, non-exclusive easement for and in favor of the Grantee upon the Conservation Easement Area, subject to the provisions set forth below.

Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement.

Prohibited Uses. The Conservation Easement Area shall only be used for preservation, water management, nature trails, archaeological sites, a future roadway providing a continuous connection between Northlake Boulevard (SR 850) and the Beeline Highway (SR 710), a connection from such future roadway to the SFWMD C-18 Canal, and other lawful purposes authorized by South Florida Water Management District Permit 260822-4, the City of Palm Beach Gardens Resolution 4-2016, or any other permit or approval issued by a governmental agency with jurisdiction over the Conservation Easement Area (hereinafter, collectively, the "Permit") or any modification thereto, or any applicable conservation area management plan (the "Management Plan") or any modification thereto, prepared in connection with a Permit. Any activity on or use of the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities are expressly prohibited in or on the Conservation Easement Area (except as authorized or required by the Permit (or any modification thereto) or in any applicable Management Plan

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(or any modification thereto)):

Construction or placing of buildings, signs, billboards or other advertising, utilities, or other structures on or above the ground;

Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials;

Removing, destroying or trimming trees, shrubs, or other vegetation, except:

The removal of dead trees and shrubs or leaning trees that could cause damage to property is authorized;

The destruction and removal of noxious, nuisance or exotic invasive plant species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized;

Activities  authorized  by  the  Permit  or  described  in  any  applicable Management Plan or otherwise approved in writing by the Grantee are authorized; and

Activities conducted in accordance with a wildfire mitigation plan developed with the Florida Forest Service are authorized.

Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface;

Surface use except for purposes that permit the land or water area to remain in its natural, restored, enhanced, or created condition;

Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, clearing, and fencing;

and

Acts or uses detrimental to such aforementioned retention of land or water areas;

Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance.

Grantor's Reserved Rights. Grantor reserves all rights as owner of the Conservation Easement Area, including the right to engage or to permit or invite others to engage in all uses of the Conservation Easement Area that are not prohibited herein and which are not inconsistent with the Permit (or any modification thereto), any applicable Management Plan (or any modification thereto), or the intent and purposes of this Conservation Easement.

No Dedication. No right of access by the general public to any portion of the Conservation Easement Area is conveyed by this Conservation Easement.

Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved.

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Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest.

Modifications. Except as otherwise provided in Section 10 hereof, this Conservation Easement may only be amended, altered, or released by a written instrument signed by the Grantee, its successors or assigns, which instrument is recorded in the Public Records of Palm Beach County, Florida.

Passive Recreational Facilities. Grantor reserves all rights as owner of the Conservation Easement Area, including the right to engage in uses of the Conservation Easement Area that are not prohibited by the Permit (including any modification thereto) or any applicable Management Plan, and that are not inconsistent with the intent and purposes of this Conservation Easement. Facilities for passive recreational uses that are not contrary to the purpose of this Conservation Easement may be constructed within the Conservation Easement Area.

Recordation. Grantor shall record this Conservation Easement in a timely fashion in the Official Records of Palm Beach County, Florida. Grantor shall pay all recording costs and  taxes necessary to record this Conservation Easement in the public records.

10. AUTOMATIC TERMINATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIS CONSERVATION EASEMENT SHALL AUTOMATICALLY TERMINATE AND BE OF NO FURTHER FORCE AND EFFECT UPON THE RECORDING OF A REPLACEMENT CONSERVATION EASEMENT BY GRANTOR IN FAVOR OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (A "SFWMD EASEMENT") OVER ANY PORTION OF THE CONSERVATION EASEMENT AREA. SUCH SFWMD EASEMENT MAY INCORPORATE A DIFFERENT LEGAL DESCRIPTION OF THE CONSERVATION EASEMENT AREA AND ALLOW FOR CONSTRUCTION OF A CONNECTOR ROAD ACROSS THE CONSERVATION EASEMENT AREA, WHICH CONNECTOR ROAD SHALL THEN BE EXCLUDED FROM THE CONSERVATION EASEMENT AREA. THE FOREGOING TERMINATION SHALL BE AUTOMATIC UPON THE RECORDATION OF THE SFWMD EASEMENT AND NO FURTHER ACT OF GRANTEE SHALL BE REQUIRED IN ORDER TO CONFIRM THE TERMINATION OF THIS CONSERVATION EASEMENT; PROVIDED, HOWEVER, GRANTEE AGREES TO DELIVER CONFIRMATION OF  SUCH TERMINATION UPON REQUEST OF GRANTOR.

Signature page follows

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IN WITNESS WHEREOF, Grantor has executed this Agreement as of the	day of	, 2018.
AVENIR DEVELOPMENT, LLC, a Florida limited liability company By:   	
(Signature)

Name:	Manuel M. Mato, President 	

Signed, sealed and delivered in our presence as witnesses:

By:		By:  	
(Signature)	(Signature)

Name:		Name:  	
(Print)	(Print)

STATE OF FLORIDA COUNTY OF MIAMI-DADE
On this         day of	, 2018, before me, the undersigned notary public, personally appeared Manuel M. Mato, as President of Avenir Development, LLC, a Florida limited liability company, and acknowledged that he executed the same on behalf of said limited liability company and that he was duly authorized to do so. He is personally known to me or has produced a  	
 	(state) driver's license as identification.

IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA

(Signature)

(Name)

My Commission Expires:   	

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Exhibit "A"

Conservation Easement Area

(Attached)

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