AVENIR COMMUNITY DEVELOPMENT
DISTRICT

CITY OF PALM BEACH GARDENS REGULAR BOARD MEETING & PUBLIC HEARING
MAY 26, 2022
2:00 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
Special District Services Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410 Call-in #: 877-402-9753; 4411919
REGULAR BOARD MEETING & PUBLIC HEARING
May 26, 2022
2:00 p.m.

Call to Order
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
April 28, 2022 Regular Board Meeting	Page 2
Public Hearing – Amending and Readopting Club Rates and Fees
Proof of Publication
Receive Public Comments on Amending and Readopting Club Rates and Fees
Consider Resolution No. 2022-03 – Amending and Readopting Club Rates and Fees	Page 10
Old Business
New Business
Consider Resolution No. 2022-04 – Authorizing Execution of Construction Docs	Page 14
Consider Approval of Clubhouse Pavilion Outdoor Bar Architectural Agreement (Stofft)	Page 17
Consider Approval of Hurricane Preparedness Agreement (CPM)	Page 25
Consider Approval of Consultant Agreement for Northlake Blvd Photometric Design (MainStreet)	Page 28
Consider Approval of Caufield & Wheeler Agreement – Lift Station 6 – SUA Easements	Page 43
Consider Resolution No. 2022-05 – Adopting a Fiscal Year 2022/2023 Proposed Budget	Page 47
Update Regarding the 20-Year Stormwater System Needs Analysis
Clubhouse
Clubhouse Management Update
Administrative Matters
Form 1 Reminder
Board Member Comments
Adjourn

PALM BEACH DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and Legal Holidays
West Palm Beach, Palm Beach County, Florida

STATE OF FLORIDA COUNTY OF PALM BEACH:

Before the undersigned authority personally appeared ANGELINA GARAY, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Palm Beach Daily Business Review f/k/a Palm Beach Review, a daily (except Saturday, Sunday  and Legal Holidays)  newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of

AVENIR COMMUNITY DEVELOPMENT DISTRICT - NOTICE IS HEREBY GIVEN THAT THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT WILL HOLD REGULAR BOARD MEETINGS AT THE OFFICES OF SPECIAL DISTRICT SERVICES, INC., 2501A BURNS ROAD, ETC

in the XXXX Court,
was published in said newspaper in the issues of 10/13/2021
Affiant further says that the said Palm Beach Daily Business Review is a newspaper published at Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in West Palm Beach in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.

SEAL)
.ANGELINA GARAY personally known to me

AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2021/2022 REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that the
Board of Supervisors of the Avenir Community Development District will hold Regular Board Meetings at the offices of Special District Services, Inc., 2501A Bums Road, Palm Beach Gardens, Florida 33410 at 2:00 p.m. on the following dates:
October 28, 2021
November 18, 2021
December 23, 2021
January 27, 2022
February 24, 2022
March 24, 2022
April 28, 2022
May 26, 2022
June 23, 2022
July 28, 2022
August 25, 20_22
September 22, 2022
The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accord­ ance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained from the District's website or by contacting the District Manager at 561-630-4922 and/or toll free at 1-877-737-4922 prior to the date of the particular meeting.
From time to time one or two Su­ pervisors may participate by telephone; therefore, a speaker telephone will be present at the meeting location so that Supervisors may be fully in­ formed of the discussions taking place. Said meeting(s) may be continued as found necessary to a time and place specified on the record.
If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based.
In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommo­ dations or an interpreter to participate at any of these meetings should contact the District Manager at 561-630-4922
and/or toll free at 1-877-737-4922
at least seven (7) days prior to the date of the particular meeting.
Meetings may be cancelled from time to time without advertised notice. AVENIR community development district www.avenircdd.org
10/13	21-01/0000556296P

AVENIR COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
APRIL 28, 2022

CALL TO ORDER

The April 28, 2022, Regular Board Meeting of the Avenir Community Development District (the “District”) was called to order at 2:07 p.m. at the offices of Special District Services, Inc. located at 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 Daily Business Review October 13, 2021, as part of the District’s Fiscal Year 2021/2022 Meeting Schedule, as legally required.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance: Chairperson Virginia Cepero (via phone), and Supervisors Roberto Horowitz, Daniel Lopez and Rodolfo Stern and it was in order to proceed with the meeting.

Also in attendance were: Jason Pierman of Special District Services, Inc.; District Counsel Michael Pawelczyk of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; District Engineer Carlos Ballbe of Ballbe & Associates; and Clubhouse Reps Rick Salvatore, Gina Sanchez and Sherry Ward.

ADDITIONS OR DELETIONS TO THE AGENDA

Mr. Pierman noted that he received two Change Orders prior to the meeting, which will be added under New Business.

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
January 27, 2022, Regular Board Meeting

The minutes of the January 27, 2022, Regular Board Meeting were presented for approval.

A motion was made by Mr. Horowitz, seconded by Mr. Lopez and passed unanimously approving the minutes of the January 27, 2022, Regular Board Meeting, as presented.

OLD BUSINESS

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

NEW BUSINESS

Consider Proposal for Phase I Revisions to Northlake Boulevard – HSQ Group, Inc.

Mr. Ballbe presented the HSQ proposal for plan revisions to add another through-lane on Northlake, totaling $105,500. He noted that the proposal also includes utility plans and a redesign for the Coconut Boulevard signal.

A motion was made by Mr. Lopez, seconded by Mr. Stern and passed unanimously approving the HSQ proposal in the amount of $105,000 for Phase I Revisions to Northlake Boulevard, as presented.

Consider Avenir Pod 9 Documents

Mr. Pawelczyk presented the Pod 9 Documents, noting that the Maintenance Agreement was between the District and the Avenir - Pod 9 Neighborhood Association; the Landscape Maintenance Easement Agreement is granted by the Avenir - Pod 9 Neighborhood Association to the District for Tracts O-1, O- 2 and O-8 in Pod 9; the Lake Interconnect Easement allows the District to install infrastructure needed to connect lakes in Tract W; and that the Plat had already been recorded in accordance with the resolution allowing the Chair to execute plats.

A motion was made by Mr. Lopez, seconded by Ms. Stern and unanimously passed approving the Avenir Pod 9 documents, and ratifying execution of the Pod 9 Plat.

Consider Ratification of CAS Proposal for Additional Services for Northlake Boulevard Project

Mr. Ballbe presented the proposal from CAS, explaining that it was for locates needed for the widening project, in the amount of $3,475.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and passed unanimously approving the CAS proposal in the amount of $3,475 for additional services for the Northlake Boulevard Project.

Consider Ratification of Amendment No. 2 under Work Authorization No. 1 for Engineering Services

Mr. Ballbe presented the Work Authorization, explaining that it was for additional work required.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and passed unanimously approving Amendment No. 2 under Work Authorization No. 1 for engineering services, as presented.

Consider Ratification of Pod 9 Aquatic Plant Removal Proposal

Mr. Pierman presented the proposal from Superior Waterway Services to remove vegetation from the lakes in Pod 9 in the amount of $1,850. He explained that the work was required to be completed prior to the Pod 9 sale, so the work had already been completed.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and unanimously passed ratifying the proposal from Superior Waterway Services to remove vegetation from the lakes in Pod 9 in the amount of $1,850, as presented.

Consider Pod 9 Lake 14 Shoreline Planting Proposal

Mr. Pierman presented the proposal from Superior Waterway Services to plant aquatic plants along the shoreline of Lake #14 in the amount of $2,500. He explained that erosion was observed along the lake bank, and that staff recommended installing additional vegetation to stabilize the lake bank. He also noted that the crew was using as much of the vegetation taken from the other lake as possible.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and passed unanimously approving the proposal from Superior Waterway Services to plant aquatic plants along the shoreline of Lake #14 in the amount of $2,500.

Discussion Regarding Parking & Towing on District Roads and Parking Lots

Mr. Pierman explained that cars had been parking overnight at the clubhouse and recommended that the Board set a policy preventing overnight parking.

Following discussion, as motion was made by Mr. Lopez, seconded by Mr. Horowitz and unanimously passed directing staff, pending the creation of rules, to engage a towing company to prohibit overnight parking, and to include boats and trailers in the parking prohibition of the draft policy.

CLUBHOUSE
Clubhouse Management Update

Mr. Salvatore presented the clubhouse report, noting that the clubhouse was fully functional and that approximately 40 FOBS had been distributed. He further explained that membership cards were being created and noted that the design would be shown to Mr. Lopez for approval. Following discussion regarding fitness center access, it was suggested that an emergency call button or phone be installed in the fitness center. Ms. Sanchez presented the events that had taken place thus far at the clubhouse.

Consider Resolution No. 2022-02 – Execution of Special Events Agreements

Resolution No. 2022-02 was presented, entitled:

RESOLUTION NO. 2022-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE DISTRICT MANAGER, THE CHAIR OF THE BOARD OF SUPERVISORS, OR VICE- CHAIR OF THE BOARD OF SUPERVISORS, TO EXECUTE ON BEHALF OF THE DISTRICT AND UNDER SPECIFIED CONDITIONS, SPECIAL EVENTS INDEPENDENT CONTRACTOR AGREEMENTS AND AMENDMENTS THERETO IN CONNECTION WITH DISTRICT-SPONSORED EVENTS HELD AT THE AMENITY CENTER OR ON DISTRICT PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT; PROVIDING FOR A VENDOR INDEMNIFICATION AND HOLD HARMLESS FORM THAT MUST BE EXECUTED BY VENDORS NOT COMPENSATED BY THE DISTRICT, PROVIDING VENDOR SERVICES AT DISTRICT SPECIAL EVENTS, AUTHORIZING ACCEPTANCE OF THE SAME BY THE DISTRICT MANAGER OR CLUB MANAGER, AND AUTHORIZING THE DISTRICT MANAGER OR CLUB MANAGER TO EXECUTE THE CITY OF PALM

BEACH GARDENS PROPERTY OWNER AUTHORIZATION AFFIDAVIT FOR MOBILE FOOD TRUCK PERMIT; AND PROVIDING FOR AN EFFECTIVE DATE

Mr. Pierman explained that the purpose of the resolution was to allow staff to plan amenity events and engage vendors for those events without needing prior Board approval, not to exceed $10,000 per agreement. Following discussion, Mr. Pawelczyk noted that instructors should be added to the resolution.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and unanimously passed adopting Resolution No. 2022-02, subject to staff adding provisions for instructors and classes.

Consider Proposal for Landscaping Refresh

Mr. Pierman presented a proposal from CPM for landscaping around the clubhouse.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and passed unanimously approving the CPM proposal in the amount of $2,938.00 for landscaping refresh around the clubhouse.

Consider Ratification of Definitive Small Project Agreement for Clubhouse Phone System and Fitness Center Fob

Mr. Pierman presented a proposal and small project agreement with Definitive for the installation of a phone system for the clubhouse and fob entry for the fitness room. Mr. Pierman noted that the agreement had already been signed in an effort to get the work done as soon as possible. He also noted that staff was working on constructing a sidewalk at the back of the clubhouse for fitness room access, and that the proposal would come back to the Board for approval at a later date.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and passed unanimously ratifying the Definitive Small Project Agreement for the Clubhouse phone system and fitness center fob.

Discussion Regarding Regency Prorated Clubhouse Membership Request

Mr. Pierman explained that the manager at Regency had requested that the Board consider a shorter term clubhouse membership for their residents because the Regency clubhouse will be completed this summer.

Following discussion, a motion was made by Mr. Lopez, seconded by Mr. Stern and unanimously passed to provide an additional rate for Regency residents for the current fiscal year, to be set at $630/quarter, and for staff to advertise a Public Hearing at which a resolution setting the fee will be adopted.

Discussion Regarding Mulch at Tennis Courts

Mr. Pierman noted that mulch around the tennis courts was causing an issue by not staying in place due to rain. He presented two possible solutions, but did not recommend any action be taken at this time.

Consider Award of Contract for Clubhouse Overnight Security

Mr. Pierman explained that an RFP had been issued due to the fact that the current security agreement expires at the end of the month. Three companies responded: Regions, Allied Universal, and Giddens. Mr. Pierman distributed a draft ranking based upon the criteria listed in the RFP package.

Following discussion, a motion was made by Mr. Lopez, seconded by Mr. Horowitz and unanimously passed rating the respondents as follows and authorizing staff to enter into an agreement with the highest ranked firm:
Regions
Allied Universal
Giddens

Consider Change Order No. 65 to H&J for Avenir Phase One

Mr. Ballbe presented Change Order No. 65 to H&J for Avenir Phase One, explaining that it was for asphalt repairs and a blackout turn lane, in the amount of $10,208.80.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz approving Change Order No. 65 to H&J for Avenir Phase One for asphalt repairs and a blackout turn lane in the amount of $10,208.80, as presented.

Consider Change Order No. 4 to H&J for Avenir Phase Two Earthwork

Mr. Ballbe presented Change Order No. 4 to H&J for Avenir Phase Two Earthwork, explaining that it was for removal of fill piles, regrading a road, filling an existing borrow pit, removing fencing around mitigation areas, installing new fencing around mitigation areas, and regrading a buffer along the east A4 property line, in the amount of $1,209,782.30. Following discussion, it was decided that item #6, regrading the CDD buffer, in the amount of $6,000 would be funded through O&M.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz approving Change Order No. 4 to H&J for Avenir Phase Two Earthwork for removal of fill piles, regrading a road, filling an existing borrow pit, removing fencing around mitigation areas and installing new fencing around mitigation areas in the amount of $1,209,782.30, with the following amendment: item #6, regrading the CDD buffer, in the amount of $6,000 would be funded through O&M

CONSENT AGENDA
Consider Acceptance of Corrective Special Warranty Deed (correcting legal description in Special Warranty Deed recorded at ORB 32950, Page 1580)
Consider Ratification of Change Order No. 20 to Kast Construction
Consider Ratification of Change Order No. 21 to Kast Construction
Consider Ratification of Change Order No. 2 to H&J – Phase 2 Earthwork
Consider Ratification of Change Order No. 2 to H&J – Parcel A-4 Site Construction
Consider Ratification of Caulfield & Wheeler Agreement - Pump Station Plat
Consider Ratification of Caufield & Wheeler Agreement - Pod 9 – Lake Interconnect Easement
Consider Ratification of Caulfield & Wheeler Agreement – Phase 4 Spine Road
Consider Ratification of FPL Underground Distribution Facilities Installation Agreement

A motion was made by Mr. Lopez, seconded by Mr. Stern and unanimously passed approving Consent Agenda items 1 through 9, as presented.

ADMINISTRATIVE MATTERS
Discussion Regarding Increasing Thresholds Stipulated in Resolution No. 2020-04

Mr. Pierman explained that the current resolution sets limits for the Chair to approve contracts and change orders without prior Board approval, and asked if the Board would consider increasing those amounts. Following discussion, Board consensus was to increase the amounts to $200,000 for contracts and $100,000 for change orders. Mr. Pierman noted that staff would prepare a resolution for the May meeting.

2021 Form 1 – Statement of Financial Interests

Mr. Pierman reminded the Board that their Form 1 would be sent in June, and must be filed with the Supervisor of Elections no later than July 1, 2022.

BOARD MEMBER COMMENTS

There were no 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 adjourning the Regular Board Meeting at 3:09 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

5/19/22, 1:05 PM	Public Notices | Florida Press Association

Palm Beach County, Florida

Notice Text

Miscellaneous Notices
Published in Palm Beach Daily Business Review on May 13, 2022

Location

AVENIR COMMUNITY DEVELOPMENT DISTRICT NOTICE OF PUBLIC HEARING TO CONSIDER SETTING THE RATES FOR CLUBHOUSE AMENITIES FOR THE REMAINDER OF THE FISCAL YEAR 2021/2022 AND NOTICE OF REGULAR BOARD MEETING
The Board of Supervisors of the Avenir Community Development District will hold a Public Hearing ('public hearing") and Regular Board Meeting ("meeting") on May 26, 2022, at 2:00 p.m. in the offices of Special District Services, Inc. located at The Oaks Center at 2501A Burns Road, Palm Beach Gardens, Florida 33410. The purpose of the public hearing is for the Board to consider setting the rates for clubhouse amenities for the remainder of the fiscal year 2021/2022. 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 agendas 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 hearing 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
Fee Schedule FY 2021-2022 CATEGORY/AMOUNT
ANNUAL MEMBER CLUB FEE - Non-Residents $2,500.00
ANNUAL MEMBER CLUB FEE - Regency Residents $2,100.00 QUARTERLY MEMBER CLUB FEE - Regency Residents $630.00 LEASE APPLICATION PROCESSING FEE $50.00
MEMBERSHIP CARD/FOB REPLACEMENT FEE $25.00 INDIVIDUAL HOUSEGUEST PASS $40.00
FAMILY HOUSEGUEST PASS $75.00 CLUB RENTAL FEES AND DEPOSITS

5/19/22, 1:05 PM	Public Notices | Florida Press Association
MULTI-PURPOSE ROOM - Non- Refundable Fee $350.00 MULTI-PURPOSE ROOM - Refundable Fee
$350.00
CLEANING FEE - Per Hour $40.00
MULTI-PURPOSE ROOM - Hourly Fee For Extended Hours
$40.00
GUARD FEE - Per Hour $45.00
SINGLE POOL PAVILLION - Non- Refundable Fee (4 Hours) $150.00 DOUBLE POOL PAVILLION - Non- Refundable Fee (4 Hours) $300.00 POOL PAVILLION - Refundable Fee $250.00
TENNIS COURT (2 hours) $4.00
AVENIR COMMUNITY DEVELOPMENT DISTRICT
www.avenircdd.org
5/13 22-01/0000596515P

RESOLUTION No. 2022-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT MODIFYING CERTAIN RATES, FEES, AND CHARGES; RE-ADOPTING THE FEE SCHEDULE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Avenir Community Development District (the “District”) is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in Palm Beach Gardens, Palm Beach County, Florida; and
WHEREAS, the District is the owner of the recently completed Avenir Clubhouse and Recreational Amenities, located at 12255 Avenir Road, Palm Beach Gardens, Florida (the “Club Property”); and

WHEREAS, pursuant to Section 190.011, Florida Statutes, the District is authorized to adopt and modify rules, regulations, and rates pursuant to the provisions of Chapter 120, Florida Statutes, prescribing the conduct of the business of the District; and

WHEREAS, Section 190.035, Florida Statutes, authorizes the District to prescribe, fix, establish, modify, and collect rates, fees and other charges for facilities and services furnished by the District; and

WHEREAS, the District Board desires to create an Annual Member Fee for residents of the Regency Subdivision, which is located within the boundaries of the District, but whose residents and landowners thereof are not Members of the Club Property or the Club paying either Operation and Maintenance or Debt Assessments therefor; and

WHEREAS, the private (non-CDD) clubhouse to be situated within the Regency Subdivision and for the exclusive benefit and use of the residents and property owners within that subdivision is expected to be completed on or about September, 2022; and

WHEREAS, in light of the above, the District Board has determined that a quarterly fee applicable and available through September 30, 2022, only, should be made available to the residents and property owners within the Regency Subdivision until such time as their private clubhouse is expected to be available to them for their use and enjoyment; and

WHEREAS, the District’s Amenities Rules Handbook requires that the charges, rates, deposits, and fees applicable to the Club Property be adopted by Resolution of the District Board of Supervisors in accordance with Section 190.035, Florida Statutes, and after a public hearing advertised at least ten (10) days prior to the public hearing; and

WHEREAS, the public hearing to consider the changes and re-adoption of the fee schedule pertaining to the use of the Club Property was advertised at least ten (10) days prior to the public hearing; and
WHEREAS, after a public hearing held in accordance with Section 190.035, Florida Statutes, the Board of Supervisors desires to amend and re-adopt the fee schedule pertaining to the use of the Club Property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THAT:
Section 1.   The foregoing recitals are hereby incorporated as the findings of fact of the District Board of Supervisors.
Section 2.  The certain Avenir Community Development District Fee Schedule is hereby amended and is re-adopted in accordance with Exhibit “A”, attached hereto and made a part hereof. Any fees, rates, or charges not specifically modified by this Resolution shall be unchanged and shall remain in effect as previously adopted and approved by the District Board of Supervisors.
Section 3.  The District Manager is hereby directed to take all actions consistent with this Resolution.
Section 4.  All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 5.   If any clause, section or other part or application of this Resolution is held by a court of competent jurisdiction to be unconstitutional or invalid, in part or as applied, it shall not affect the validity of the remaining portions or applications of this Resolution.
Section 6. This Resolution shall take effect immediately upon adoption. Rentals previously reserved and paid for under the rates, charges, deposits and fees in effect prior to this Resolution shall be unaffected by the adoption of this Resolution.
PASSED AND ADOPTED in the Public Session of the Board of Supervisors of the Avenir Community Development District, this 26th day of May, 2022.
AVENIR COMMUNITY
Attest:	DEVELOPMENT DISTRICT

Jason Pierman, Secretary	Virginia Cepero, Chair

EXHIBIT “A”

CATEGORY	AMOUNT	
ANNUAL MEMBER CLUB FEE – Non-Residents	$2,500.00	
ANNUAL MEMBER CLUB FEE – Regency Residents	$2,100.00	
QUARTERLY MEMBER CLUB FEE – Regency Residents (This fee shall only be applicable until September 30, 2022, at which time such quarterly memberships shall no longer be available).	$630.00	
LEASE APPLICATION PROCESSING FEE	$50.00	
MEMBERSHIP CARD/FOB REPLACEMENT FEE	$25.00	
INDIVIDUAL HOUSEGUEST PASS	$40.00	
FAMILY HOUSEGUEST PASS	$75.00	
CLUB RENTAL FEES AND DEPOSITS		
MULTI-PURPOSE ROOM – Non-Refundable Fee	$350.00	
MULTI-PURPOSE ROOM – Refundable Fee	$350.00	
CLEANING FEE – Per Hour	$40.00	
MULTI-PURPOSE ROOM – Hourly Fee For Extended Hours	$40.00	
GUARD FEE – Per Hour	$45.00	
SINGLE POOL PAVILION – Non-Refundable Fee (4 Hours)	$150.00	
DOUBLE POOL PAVILION – Non-Refundable Fee (4 Hours)	$300.00	
POOL PAVILION – Refundable Fee	$250.00	
TENNIS COURT (2 hours)	$4.00	

Avenir Community Development District Fee Schedule

Last revised May 26, 2022

* ANY FEES, RATES, AND CHARGES NOT SPECIFICALLY MODIFIED OR ADDRESSED IN THIS FEE SCHEDULE SHALL BE UNCHANGED AND SHALL REMAIN IN EFFECT AS PREVIOUSLY ADOPTED AND APPROVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT.

RESOLUTION NO. 2022-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE CHAIR OR VICE- CHAIR OF THE BOARD OF SUPERVISORS, SUBJECT TO SPECIFIED CONDITIONS, TO EXECUTE CERTAIN AGREEMENTS, CHANGE ORDERS, AGREEMENT AMENDMENTS, AND OTHER RELATED DOCUMENTS REGARDING THE DESIGN AND CONSTRUCTION OF PROJECTS FUNDED WITH THE PROCEEDS OF BONDS ISSUED BY THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Avenir Community Development District (the “District”) is currently designing and constructing several components of the District’s public infrastructure projects, funded, in whole or in part, with proceeds from several series of Bonds issued by the District; and

WHEREAS, the District Board of Supervisors (the “Board”) acknowledges the significance of timely completing the various components of the District’s public infrastructure projects, while ensuring that the appropriate Board approvals timely accompany those District actions requiring Board approval; and

WHEREAS, in order the better facilitate the continued design and construction activity for the District’s public infrastructure projects, the Board finds it to be in the best interest of the District and the landowners within the District to authorize the Chair, or in her or his absence, the Vice-Chair of the Board to executes certain agreements, change orders, agreement amendments, and other related documents regarding the design and construction of those certain District public infrastructure projects funded with the proceeds of Bonds issued by the District, provided that the same have first been reviewed by District staff pursuant to the requirements of this Resolution; and

WHEREAS, the Board further desires to limit the time within which the Resolution shall be effective, so that the same can be reviewed by the Board prior to any extensions of authority granted pursuant to this Resolution; and

WHEREAS, the Board previously adopted Resolution 2017-07, granting the Chair/Vice-Chair certain authority to execute real and personal property conveyance and dedication documents, plats, permit applications, and other documents related to the development of the District’s public infrastructure improvements; and

WHEREAS, the Board has determined that the implementation of Resolution 2017-07 has assisted the District with timely moving the infrastructure program of the District forward in a positive manner, and seeks to provide for greater efficiencies by implementing the authorities contained in this Resolution.

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

SECTION 1.	Recitals. The foregoing recitals are true and correct and are hereby ratified and confirmed by the Board.

SECTION 2.	Authorization to Sign Documents.

Subject to the conditions set forth in Section 2.B., below, the Chair, or the Vice- Chair in the Chair’s absence, of the Board is hereby authorized to execute agreements, change orders, agreement amendments, and other related documents regarding the design and construction of those District public infrastructure projects funded with the proceeds of Bonds issued by the District and as set forth in the Engineer’s Reports, amendments, and supplements thereof previously accepted by the Board prior to the issuance of the corresponding Bond series issuance.

No agreements, change orders, agreement amendments, and other related documents specifically pertaining to the design and construction of the District public infrastructure projects as described in Section 2.A., above, shall be executed by the Chair or Vice Chair unless the particular document to be executed has been (1) requested or deemed necessary by the District Engineer, (2) reviewed and approved by the District Manager and the District Engineer, (3) revised as to legal form by the District Counsel, (4) determined by both the District Manager and the District Engineer to be within the budget allocated for the particular public infrastructure Project as set forth in the corresponding and relevant Engineer’s Report for the same,
(5) that the amount to be paid for work completed under the agreement, amendment to agreement, or related document does not exceed $200,000.00 or that the amount to be paid for work completed under the change order does not exceed $100,000.00, and (6) the Chair, or Vice-Chair as the case may be, has received verification by email or other form of written communication from the District Manager that the conditions contained in this Section 2.B of this resolution have been satisfied and the document instrument can be executed.

The Chair and the Vice Chair are not obligated to execute documents satisfying the conditions of this Resolution and may elect to have the agreement, change order, amendment to agreement, or related document brought to the District Board, at its next regular meeting or a special meeting, for its consideration.

Notwithstanding the above, this authority granted pursuant to this Resolution shall not be used to approve or execute any agreement, change order, agreement amendment, or other related document that would or could be construed as a means to avoid any legal requirements or competitive bidding or the procurement requirements that the District is subjected to pursuant to Florida law.

SECTION 3. Any agreement, change order, amendment to agreement, or related document pertaining specifically to the District public infrastructure project that has been executed by the Chair or Vice Chair of the District Board pursuant to the authority granted by this Resolution shall be reported to the Board of Supervisors at the following regularly scheduled meeting or special meeting of the Board of Supervisors. A copy of the instrument and any supporting documentation shall be provided with the agenda materials distributed to the Board for purposes of Board ratification. The failure to report or ratify an instrument executed pursuant to this section shall not have the effect, nor shall it be construed, to invalidate or void such an instrument.

SECTION 4.  The proper District officials are hereby authorized and directed to take all steps necessary to effectuate the intent of this Resolution. The District Manager and the District Engineer shall be responsible to make sure that the reporting and ratification requirements of Section 3 of this Resolution are implemented for each and every agreement, change order, amendment to agreement, or related document executed pursuant to the authority set forth herein.

SECTION 5.  All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 6.  If any clause, section or other part or application of this Resolution is held by court of competent jurisdiction to be unconstitutional or invalid, in part or as applied, it shall not affect the validity of the remaining portions or applications of this Resolution.

PASSED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT THIS 26th DAY OF MAY, 2022.

ATTEST:

Name: 	 Secretary/Assistant Secretary	AVENIR COMMUNITY DEVELOPMENT DISTRICT

Name: 	 Chair/Vice-Chair	

DELRAY BEACH	NAPLES	SARASOTA	CARIBBEAN

ARCHITECTURAL PROFESSIONAL SERVICES AGREEMENT

Date: May 3rd, 2022 Revised May 18th, 2022
Between:	Avenir Community Development District	Via E-Mail: jpierman@sdsinc.org	
	Attn: Jason Pierman, District Manager	mmato@waterstonebuilders.com	
	2501A Burns Road	dlopez@waterstonebuilders.com	
	Palm Beach Gardens, Florida 33410	vc@landstardevelopment.com	

And:	Randall E. Stofft Architects, P.A. | 42 N. Swinton Avenue | Delray Beach, FL 33444
(Hereinafter referred to as ARCHITECT)

Re: Avenir Clubhouse-Pavilion Outdoor Bar, appx. 15 seats, located at 12255 Avenir Drive, Palm Beach Gardens, Florida.

Dear Mr. Pierman,
Thank you for considering Randall Stofft Architects for your project. Please read through this document thoroughly and should you have any queries, please contact us prior to signing.
If you find these conditions acceptable, please sign the fee proposal in the relevant places and at the bottom of each page and return via email, or mail. Receipt thereof will serve as confirmation of our appointment and we will begin your project accordingly.
We look forward to a happy relationship during this exciting project. Kind regards,

Randall E. Stofft, AIA

Don Durante
Principal Architect	Senior Project Manager

Pavilion Outdoor Bar
Project Address: 12255 Avenir Drive., Palm Beach Gardens, Florida, 33418 May 3rd, 2022
Page 2

SCOPE OF ARCHITECTS BASIC SERVICES
Architect’s Basic Services consist of those described under the phases identified below and any other services identified in this Agreement.

PRELIMINARY PHASE
Architect shall review the requirements of the Client for the Project and based on these requirements, the Architect will prepare a hand rendered preliminary schematic design consisting and a site plan, floor plan, and front elevation.

DESIGN DEVELOPMENT PHASE
Architect shall provide Design Development documents based on the approved Preliminary Design Presentation documents. The Design Development documents shall include computer generated (CAD) site plan*, floor plans, and elevations.
Design Development includes 2 rounds of revisions to the Design Development documents. Additional changes requested during Design Development Phase and/or after completion of the Design Development Phase will be considered Additional Services and will be billed at the hourly rates listed at the end of this document.
If applicable, hardscape layout (water features, sidewalks, roadways, etc.…) is conceptual only and to be further developed by other consultants.

SITE PLAN SUBMITTAL PHASE (if required)
Architect shall provide approved Design Development documents and Material/Sample Board to Land Planner for Site Plan Submittal Package to City of Palm Beach Gardens and address comments generated by staff.

CONSTRUCTION DOCUMENTS PHASE
Based on the approved Design Development Documents the Architect shall prepare complete Construction Documents necessary to obtain a building permit and construct the project. Said documents and services will include the following:

•	Site Plan	•	Exterior Details	
•	Floor Plans	•	Typical Construction Details	
•	Exterior Elevations	•	Exterior Specifications	
•	Feature Sections			

Pavilion Outdoor Bar
Project Address: 12255 Avenir Drive., Palm Beach Gardens, Florida, 33418 May 3rd, 2022
Page 3

PERMIT PROCESSING PHASE
Upon completion of the Construction Documents, Architect shall assist Client in making application for the Building Permit by providing clarification of the plans and or revisions required by government Agencies Having Jurisdiction (AHJ).

CONSTRUCTION PHASE (SITE VISITS & ADMINISTRATIVE) *
The Architect/Project Manager, as an optional additional service, shall visit the Project at appropriate phases of construction to become generally familiar with the progress and quality of the work completed and to determine, in general, if the work is being performed in a manner indicating that the work when completed will be in accordance with the intent of the construction documents. However, the Architect shall not be required to make exhaustive or continuous on-site visits to check the quality or quantity of the Work.

The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work as these are solely the Contractor’s rights and responsibilities under the Construction Documents.

The services during this phase shall include providing clarifications to the construction documents (RFI’S) arising out of the normal process of pre-construction, construction and the review of shop drawings, approval of construction draws as required.

Construction Administration will be billed on a monthly basis at a rate of	$2,000.00

*Should you require that we perform Construction Administration please sign where indicated below. Construction Administration is requested according to the terms outlined above:

Client	Date	

Pavilion Outdoor Bar
Project Address: 12255 Avenir Drive., Palm Beach Gardens, Florida, 33418 May 3rd, 2022
Page 4

ADDITIONAL SERVICES
Services rendered that are not part of those Basic Services described herein shall be provided only after instruction and authorization by Client and shall be paid for by Client in addition to the compensation for Basic Services. Fees for these services, if billed as a reimbursable, will include a 20% coordination fee. Additional services shall include, but not be limited to, providing other services not included as part of Basic Services as follows:

Kitchen/ Bar Consultant
Pool/ Fountain Design & Engineering
Civil Engineering
Coastal Engineering
As-Builts - Renovations that require additional verification will be billed at hourly rate.
* Client will be informed if As-Builts are required.	
Professional Architectural 2d / 3d Renderings and Models	
Landscape/Irrigation	
Lighting Consultant	
Site Meetings, Meeting time out of office, Meeting in office after completion of Design Development phase.	
Attending Architectural Review Board Meetings, Zoning and City Council Meetings, Public Hearings, Dispute Resolution Proceeding or Legal Proceedings.	
Revisions to the Construction Documents due to:	
a)	Adjustments to program, budget, or previous approvals/instructions by Client.	
b)	Enactment or revisions of codes, laws, or regulations subsequent to the
preparation of such documents.	
c)	Client’s failure to render decisions in a timely manner.	

CLIENT RESPONSIBILITIES
The Client shall provide the Architect with the following information and or services with reference to the requirements of the project when applicable:
Program and schedule with reference to Client’s objective
Constraints and criteria
Space requirements and relationships
Site requirements
Survey (current), recent soil report, and or a Boundary, Tree and Topographical Survey- if deemed necessary by the Architect. Architect shall be entitled to rely upon the accuracy and completeness of any and all documents provided by Client.
Copy of deed restrictions, community/architectural review board rules and regulations.

Pavilion Outdoor Bar
Project Address: 12255 Avenir Drive., Palm Beach Gardens, Florida, 33418 May 3rd, 2022
Page 5

REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to compensation for Architect’s services and include expenses incurred by Architect and Architect’s employees and consultants directly related to the Project as identified below.
Reproduction of documents- All reproduction fees can be charged to Clients account if established. If no account is established, prints will be charged as per fees below.
Express postage & delivery charges and courier services incurred by Client or on their behalf- Fed Ex charges will be billed as per fees below. Additional charges will apply for International delivery, Saturday delivery, distances and weight not consistent with regular fees.

Printing Fees

11x17 monochrome	$	2.00/sheet	
11x17 color prints	$	2.50/sheet	
24x36 monochrome	$	3.00/sheet	
24x36 color	$  15.00/sheet	
30x42 monochrome	$	3.50/sheet	
30x42 color	$  20.00/sheet	
8 ½ x 11 monochrome	$  1.50 / sheet	
8 ½ x 11 color	$  1.75 / sheet	

FedEx Fees (based on 1lb)

Envelope	$	18.00/lb	
Pack	$	30.00/lb	
Tube	$	45.00/lb	

Pavilion Outdoor Bar
Project Address: 12255 Avenir Drive., Palm Beach Gardens, Florida, 33418 May 3rd, 2022
Page 6

ARCHITECT BASIC SERVICES FEE
Site Plan Submittal Package to the City of Palm Beach Gardens	$2,000.00 (if required)

Architectural Design Development & Construction Documents	$6,500.00

*ENGINEERING FEES

Structural Engineering	$1,500.00 (estimated)
**Does not include Structural Engineer site visits and reimbursables
Mechanical, Electrical & Plumbing	$8,150.00
**Does not include Electrical & Plumbing Engineer site visits and reimbursables
Kitchen/Bar Consultant	$3,000.00
Structural & MEP Engineering will be billed in FULL at 50% completion of Construction Documents. Architect will not authorize Consultant to commence work until Architect receives payment in full for Consultant’s services.

***Consultants hired by client directly will incur an hourly fee of $300.00 per hour for any coordination done by the project architect. (ie: engineers, interior designers etc.)

PAYMENT SCHEDULE - Architectural Design & Construction Documents Fee

Project Stage	Architects Fee	
Retainer/Conceptual
An architectural retainer is required for Preliminary Presentations with no obligation to proceed with Design Development. When the project proceeds to Design development, the retainer will be applied towards the architectural fee.	
$1,000.00	
Design Development: Presentation of site plan, floor plan, and front elevation in CAD **	$2,500.00	
50% Construction Documents: Remaining elevations in CAD	$1,500.00	
Site Plan Submittal Package to Palm Beach Gardens
(Includes Site Plan, Floor Plan, Elevations, and Material Board)	$2,000.00	
Engineering will be commenced.
Structural & MEP Engineering will be billed in full at 50% completion of Construction Documents. Architect will not authorize Consultant to commence work until Architect
receives payment in full for Consultant’s services.	$12,650.00
*(see Engineering Fees
above)	
75% Construction Documents	$1,000.00	
Final Construction Documents	$500.00	
Total Architectural & Engineering Fee	$21,150.00	
**Design Development includes 2 rounds of revisions to the Design Development documents. Additional changes requested during Design Development Phase and/or after completion of the Design Development Phase will be

Pavilion Outdoor Bar
Project Address: 12255 Avenir Drive., Palm Beach Gardens, Florida, 33418 May 3rd, 2022
Page 7
considered Additional Services and will be billed at the hourly rates listed at the end of this document.

PAYMENT CONDITIONS
Invoices will be issued after the completion of each stage, payable on presentation of invoice. We allow 14 days in which to settle the outstanding amount from date of invoice.
Should there be a query on a particular invoice please raise this prior to the invoice becoming overdue.
Randall Stofft Architects reserves the right to cease work on a project and/or terminate the contract should there be a delay in payment. Payment for subsequent stages may also be requested in advance. Work on overdue accounts may be suspended without notice at the sole discretion of Randall Stofft Architects.
Randall Stofft Architects shall not be responsible for any delays caused by late payments, nor for any damages arising therefrom.
Interest on overdue accounts shall be charged at prime + 2% from the date payment is due. Should legal action be necessary, all legal costs incurred in recovering debts which include attorney/client and attorney/attorney costs, will be for the client's account.
Invoices will be issued after the completion of each stage.
We accept cash, check, wire & credit card payments. Credit card payments are accepted however they will incur a 4% courtesy charge. Should you need wire or credit card information please call or email us at accounting@stofft.com

TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon not less than five days written notice (return receipt requested) with or without cause. In the event of termination of the Agreement or suspension of the Project, the Architect shall be compensated for all services performed prior to termination including reimbursable expenses.
The Client shall within five (5) calendar days of termination pay the Architect for all services rendered and all costs incurred, whether invoiced or not, up to the date of termination, plus 7.5% of that figure as an administration fee for works complete at that time.

Pavilion Outdoor Bar
Project Address: 12255 Avenir Drive., Palm Beach Gardens, Florida, 33418 May 3rd, 2022
Page 8

OWNERSHIP OF DOCUMENTS
Randall Stofft Architects shall be deemed the author of all documents prepared for this Project and shall retain ownership of all original documents as well as all common law, statutory and other reserved rights, including the copyright to same. Copies of the drawings retained by the Client may be utilized only for his use and for occupying the project for which they were prepared and not for the construction of any other projects.
Additional Services and Reimbursable Expenses will be invoiced at intervals commensurate with their occurrence and are due upon receipt.

Payments are due upon receipt and payable within 14 days from date of invoice. Any amount unpaid after 30 days shall bear an interest rate of 2% per month from the date the payment is due. The Client shall pay for all expenses incurred in connection with the collection of overdue amounts including attorney fees and out of pocket expenses. No deduction shall be made from Architect’s compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of cost changes in the Work, other than those for which Architect has been judged liable. Architect shall reserve the right to discontinue services on all past due accounts should Client fail to substantially perform in accordance with the terms of this Agreement.
Any additional work requested by the Client that alters the scope of work as outlined in this agreement will be considered Additional Services and will be billed at an hourly rate as follows:
Principal	$400.00
Project Architect/Sr. Project Manager $300.00 Drafter	$150.00

We look forward to working with you and ask that you please indicate your acceptance of the terms and conditions as outlined above by signing below.

Randall E. Stofft, AIA	Client 		 President		Jason Pierman, District Manager
Avenir Community Development District

Date: 	

4101 Vinkemulder Road | Coconut Creek, FL 33073 | 954.973.3333 | WWW.CPMLAWN.COM

Hurricane Procedures and Strom Preparedness

Hurricane season is here! The published forecast for this year predicts an above average probability of a major storm making U.S. landfall. CPM has a plan in place for all types of severe weather. If we are hit by a storm, immediately after the hurricane warnings are lifted by The National Weather Service and local municipalities, our management staff will deploy to their assigned geographic areas.

The damage will be assessed at the pre-authorized properties to determine where to dispatch our crews according to liability, access, damage, and danger. CPM will then enter our phased clean-up plan as follows:

Phase 1:
Cut tree limbs off vehicles, buildings, homes, driveways, and roadways to allow access for emergency services. This phase of service is to ensure your safety and to clear all road and entries.

Phase 2:
Cutting of broken branches in trees and on the ground. Stacking of all debris for future pick-up. Staking of fallen and leaning trees at the front of units and buildings.

Phase 3:
The removal of large logs, stumps, and piles of debris. The staking of fallen and leaning trees at the side and rear of units and buildings. Clean up of the rear of buildings.

Phase 4:
Re-conditioning your landscape. Irrigation repair, soil replacement, sod replacement, shrub replacement, and tree replacement.

Services provided in Phase 1 will be automatic. Phases 2, 3, and 4 will need to be approved via a signed proposal or verbal acknowledgment.

Complete Property Maintenance has all the equipment, manpower, and knowledge needed to provide these services for your community.

Thanks,

Complete Property Maintenance, INC.

2022 Pre-Approval Form: After Hurricane/Storm Non-Contractual Work

Equipment and Labor:

Labor: $45 per man hour (tools included: hand saws, pole saws, etc.)

Bobcat/Kubota with Operator: $100 per hour (includes grappler)

Tree Climbers and Cutters: $75 per man hour

Dump Fees: $25 per yard, If applicable FEMA provides free dumping

Bucket Truck: $130 per hour

Truck and Chipper: $100 per hour

Tree Staking:
Small tree using wellington tape: $20 to $35 Medium Trees using 2 x 4’s: $75
Large Trees using 2 x 4’s: $100
Extra-Large Trees using 2 x 4’s: Price Individually

Irrigation:
Laborer: $45 per hour
Technician Assistant: $55 per hour Technician: $65 per hour

Although CPM will use due care, Contractor is not responsible for damage to turf, plants, shrubs, hedges, etc. that are located around trees that are being up righted. Contractor is not responsible for damage to underground utilities, cable television, or sprinkler related materials (pipes, valves, etc.) since we cannot determine their location. In addition, Contractor is not responsible for damage to curbing, driveways, etc. due to equipment access. Any permits to be obtained shall remain the responsibility of the Homeowners Association. No backfill is included in price.
Homeowner/Community are responsible for initial and follow-up watering.

Disruption to normal maintenance services will not result in credits, but schedules will be adjusted to catch up to maintenance services.

Please sign below indication the pre-approval of these services. Return signed for to Complete Property Maintenance Inc. by US mail, fax (954) 979-1424 or email to: ARIB@CPMLAWN.COM

P.O.A. / H.O.A.	Date

President/BOD Signature	Print Name

EMERGENCY CONTACT NUMBERS

Name: 		Land Line #: 	

Cell #:		 Name: 		Land Line #: 		
Cell #:		

CONSULTING SERVICES AGREEMENT

THIS CONSULTING SERVICES AGREEMENT, dated the   
	,2022 (the "Effective Date"), is by and between:

AVENIR COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special purpose government established pursuant to Chapter 190, Florida Statutes, being situated in the City of Palm Beach Gardens, Palm Beach County, Florida, and whose mailing address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the "District"); and

MAIN STREET ENGINEERING, INC., a Florida corporation, with offices located at 7035 SW 47th Street, Suite B, Miami, Florida 33155 (the "Consultant").

day of

WITNESSETH:

WHEREAS, the District desires to retain a consultant to provide photometric lighting design services in connection with approximately 1.3 miles of the eastbound lanes of Northlake Boulevard in compliance with applicable lighting codes and requirements and IESNA recommendations and utilizing the same criteria and equipment to be provided and installed by Florida Power & Light per the plans developed by WGI for the section of Northlake Boulevard east of Coconut Boulevard (the "Project"); and

WHEREAS, the District solicited proposals for professional services for the Project; and

WHEREAS, the Consultant submitted its Consultant Work Order Proposal, dated April 8, 2022 (the "Proposal") to the District in connection with the Project, which Proposal is attached hereto and made a part hereof as Exhibit A; and

WHEREAS, the District and the Consultant (collectively, the "Parties") mutually agree that it is appropriate to for the Parties to enter into this Agreement; and

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the District and the Consultant hereto as follows:

Avenir COD - Northlake Lighting Rev. 05-16-2022
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ARTICLE 1 RECITALS
1.1. The recitals so stated are true and correct and by this reference are incorporated, inclusive of the above referenced exhibits, into and form a material part of this Agreement.
ARTICLE 2
SERVICES AND RESPONSIBILITIES

2.1. Consultant hereby agrees to perform and provide the professional services, as more particularly described herein, for compensation set forth in the Proposal and in Article 4 of this Agreement. Additional work shall be approved under task orders or work authorizations approved by the District.

In the event of a direct conflict between the terms and conditions set forth in pages 1 through 12 of this Agreement and those set forth in Exhibit A, such conflict shall be resolved in favor of terms and conditions provided for in pages 1 through 12 of this Agreement.

Consultant shall furnish all services, labor, equipment and materials necessary and as may be required in the performance of this Agreement and all work performed under this Agreement shall be done in a professional and timely manner. Consultant shall report to the District Manager or his or her designee.

Consultant hereby represents to District, with full knowledge that District is relying upon these representations when entering into this Agreement with Consultant, that Consultant has the professional expertise, experience and manpower to perform the professional services to be provided by Consultant pursuant to the terms of this Agreement.

District agrees to assist and cooperate with Consultant in the performance of this Agreement by providing Consultant with information required in the performance of Consultant's services hereunder.

ARTICLE 3
TERM AND TERMINATION

This Agreement shall commence on the Effective Date and continue, unless otherwise terminated as provided herein, to the completion of the Project by Consultant.

This Agreement may be terminated by the District with or without cause, immediately upon five (5) calendar days written notice to Consultant. Upon termination by District, the Consultant shall cease all work performed hereunder and District shall pay to Consultant any earned and unpaid portion of the
Avenir COD - Northlake Lighting Rev. 05-16-2022
2

compensation due Consultant pursuant to Article 4. In the event that Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the District against any loss pertaining to this termination. Consultant shall furnish all documents, plans and work product belonging to the District upon expiration or termination of the Agreement.

ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT

4.1. District agrees to compensate Consultant for all services performed by Consultant in accordance with the Proposal, which states that Consultant will complete the Project for the sum of SIX THOUSAND THREE HUNDRED AND 00/100 ($6,300.00) DOLLARS (the "Contract Amount") (plus hourly for additional work requested by the District, as such is defined in the Proposal). Travel and mileage will be reimbursed only for travel outside of Palm Beach County and only upon the prior approval of the District Manager. Payment of the Contract Amount shall be in accordance with this section and the Proposal.

4.2 Consultant shall be entitled to invoice for the completed professional services associated with the Project when the same has been completed as accepted and approved by District. District will make its best efforts to pay Consultant within thirty (30) calendar days of receipt of proper invoice the total shown to be due on such invoice.

ARTICLE 5
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK

5.1  Within the scope of the Proposal for the Project, District or Consultant may request changes that would increase, decrease or otherwise modify the scope of services to be provided under this Agreement. Such changes or additional services must be contained in a written amendment or task order, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. If changes to the scope of work are to be evidenced by task order, such task order shall be in writing and shall become a part of this agreement upon approval by the District Board of Supervisors and execution by the District and the Consultant. In no event will Consultant be compensated for any work which has not been described in a separate written amendment executed by the Parties hereto.

Avenir COD - Northlake Lighting Rev. 05-16-2022
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ARTICLE 6 MISCELLANEOUS

General Insurance Requirements.

Consultant shall not commence performance hereunder until it has obtained all insurance required under this paragraph and such insurance has been approved by the District Manager of the District or his designee.

Certificates of Insurance reflecting evidence of the required insurance shall be filed with the District Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the District. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide," published by AM. Best Guide.

Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Consultant shall furnish, at least forty-five (45) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The Consultant shall not continue to perform services pursuant to this Agreement unless all required insurance remains in full force and effect.

Commercial General Liability Insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability:

$1,000,000	Combined Single Limit - each occurrence	
$1,000,000	Combined Single Limit - general aggregate	
$1,000,000	Personal Injury	
$1,000,000	Products/Completed Operations Aggregate	

Worker's Compensation Insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the Consultant shall require the subconsutlants similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the Consultant. The Consultant and his subconsultants shall maintain during the life of this policy Employer's Liability Insurance. The following limits must be maintained:

Avenir CDD - Northlake Lighting Rev. 05-16-2022
4

Worker's Compensation
Employer's Liability

Statutory
$100,000 each accident
$500,000 Disease-policy limit
$100,000 Disease-each employee

If Consultant claims to be exempt from this requirement, Consultant shall provide District proof of such exemption along with a written request for District to exempt Consultant, written on Consultant's letterhead.

Professional Liability Insurance of $1,000,000.00 per occurrence.

Consultant shall have its insurer name the District, and its officers, agents, employees, volunteers and representatives, as an additional named insured on its General Liability, Employees Liability, and Professional Liability policies.

NOTHING HEREIN SHALL BE CONSTRUED OR INTERPRETED TO PROVIDE THAT CONSULTANT IS IN ANY WAY RESPONSIBLE FOR ANY DAMAGE TO PERSON OR PROPERTY THAT ARISES OUT OF THE DESIGN, CONSTRUCTION, OR MAINTENANCE OF THE PROJECT, AS ANY ASPECT OF IT EXISTED AS OF THE DATE OF THIS AGREEMENT; IT BEING THE EXPRESS INTENT OF THE PARTIES THAT CONSULTANT BE RESPONSIBLE FOR WORK PERFORMED PURSUANT TO THIS AGREEMENT AND NOT FOR ANY WORK PERFORMED BY ANY CONSULTANT, ENGINEER, ARCHITECT, OR CONTRACTOR NOT HIRED OR RETAINED BY CONSULTANT.

Indemnification.

Consultant shall indemnify and save harmless and defend the District and the City, their respective elected and appointed officials, agents, servants and employees from and against any and all claims, demands, or causes of action of whatsoever kind or nature sustained by the District or any third party arising out of, or by reason of, or resulting from acts, error, omission, or negligent act of Consultant, its agents, servants or employees in the performance under this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the performance by Consultant pursuant to this Agreement.

Consultant shall indemnify District for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Agreement. Consultant will defend and/or settle at its
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own expense, with legal counsel chosen by District, as the case may be, any action brought against the District to the extent that it is based on a claim that products or services furnished to District by Consultant pursuant to this Agreement, or if any portion of the services or goods related to the performance of the service becomes unusable as a result of any such infringement or claim.

The Parties recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given therefor. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the Parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the Party's responsibility to indemnify.

The execution of this Agreement by the Consultant shall obligate Consultant to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision are not interdependent of each other, but rather each one is separate and distinct from the other.

Nothing herein is intended to be construed, by the District, as a waiver of the protections, immunities, and limitations afforded a governmental entity pursuant to Section 768.28, Florida Statutes.

Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent contractor under this Agreement and not the District's employee for any purposes, including but not limited to, the application of the Fair Labor Stardards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with District, local, State, or United States policies, rules or regulations relating to the use of Consultant's funds prpvided for herein. The Consultant agrees that it is a separate and independent enterprise from the District, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the District and the District
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will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums.

Assignments; Amendments. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by Consultant without the prior written consent of District. For purposes of this Agreement, any change of ownership of Consultant shall constitute an assignment which requires District approval. However, this Agreement shall run to the District and its successors and assigns. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith.

No Contingent Fees.  Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the District shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.

Notice.  Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Consultant and the District designate the following as the respective places for giving of notice:

DISTRICT:

Copy To:

Avenir Community Development District c/o Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410 Attn: District Manager

Billing, Cochran, Lyles, Mauro & Ramsey, P.A. Las Olas Square, Suite 600
515 East Las Olas Boulevard Fort Lauderdale, Florida 33301 Attn: Dennis E. Lyles, Esq.

Avenir CDD - Northlake Lighting Rev. 05-16-2022
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CONSULTANT:		Main Street Engineering, Inc. 7035 SW 47th Street, Suite B Miami, Florida 33155
Attn: William Pino, President

Except as otherwise provided in this Agreement, any notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 PM (at the place of delivery) or on a non-business day, shall be deemed received the next business day. If any time for giving notice contained in this Agreement would otherwise expire on a non-business day, the notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Any party or other person to whom notices are to be sent or copied may notify the other parties and addressees of any changes in name or address to which notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

E-Verify. The Consultant, on behalf of itself and its subconsultants, hereby warrants compliance with all federal immigration laws and regulations applicable to their employees. The Consultant further agrees that the District is a public employer subject to the E-Verify requirements provided in Section 448.095, Florida Statutes, and such provisions of said statute are applicable to this Agreement, including, but not limited to registration with and use of the E-Verify system. The Consultant agrees to utilize the E-Verify system to verify work authorization status of all newly hired employees. Consultant shall provide sufficient evidence that it is registered with the E-Verify system before commencement of performance under this Agreement. If the District has a good faith belief that the Consultant is in violation of Section 448.09(1), Florida Statutes, or has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws or the Attorney General of the United States for employment under this Agreement, the District shall terminate this Agreement. The Consultant shall require an affidavit from each subconsultant providing that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. The Consultant shall retain a copy of each such affidavit for the term of this Agreement and all renewals thereof. If the District has a good faith belief that a subconsultant of the Consultant is in violation of Section 448.09(1), Florida Statutes, or is performing work under this Agreement has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws-or the Attorney General of the United States for employment under this Agreement, the District promptly notify the Consultant and order the Consultant to immediately terminate its subcontract with the subconsultant. The Consultant shall be liable for any additional costs incurred by the District as a result of the termination of any contract, including

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this Agreement, based on Consultant's failure to comply with the E-Verify requirements referenced in this subsection.

Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement.

Legal Representation. It is acknowledged that each party had the opportunity to be represented by counsel in the preparation of and contribution to the terms and conditions of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both Parties.

6.9  Recovery of Fees. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party, to the extent permitted by Florida law, shall be entitled to recover from the other party all expenses, fees and costs incurred, including reasonable attorneys' fees and costs.

Headings.  Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement.

Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law.

Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida with venue for purposes of any litigation arising out of this Agreement being Palm Beach County, Florida.

Extent of Agreement. This Agreement represents the entire and integrated agreement between the District and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.

Records.  Consultant shall keep books and records and require any and all subconsultants to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Consultant expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by District and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete
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or incorrect entries in such books and records will be grounds for disallowance by District of any fees or expenses based upon such entries.

Public Records.

Consultant shall, pursuant to and in accordance with Section 119.0701, Florida Statutes, comply with the public records laws of the State of Florida, and specifically shall:

Keep and maintain public records required by the District to perform the services or work set forth in this Agreement; and

Upon the request of the District's custodian of public records, provide the District with a copy of the requested 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, or as otherwise provided by law; and

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the District; and

	Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Consultant or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Consultant transfers all public records to the District upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District's custodian of public records, in a format that is compatible with the information technology systems of the District.

8.  Consultant acknowledges that any requests to inspect or copy public records relating to this Agreement must be made directly to the District pursuant to Section 119.0701(3), Florida Statutes. If notified by the District of a public records request for records not in the possession of the District but in
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possession of the Consultant, the Consultant shall provide such records to the District or allow the records to be inspected or copied within a reasonable time. Consultant acknowledges that should Consultant fail to provide the public records to the District within a reasonable time, Consultant may be subject to penalties pursuant to Section 119.10, Florida Statutes.

c. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, THE CONSULTANT MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:

SPECIAL DISTRICT SERVICES, INC. 2501A BURNS ROAD
PALM BEACH GARDENS, FLORIDA 33410 TELEPHONE: 561-630-4922
EMAIL: JPIERMAN@SDSINC.ORG

Equal Employment Opportunity.  In the performance of this Agreement, the Consultant shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin.

Waiver. Any failure by Consultant to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and Consultant may subsequently require strict compliance at any time, notwithstanding any prior failure to do so.

6.18 Sovereign Immunity. The parties agree that nothing in this Agreement shall constitute or be construed as a waiver of the District's limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or law.

6.19. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

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IN WITNESS WHEREOF, the parties execute this Consulting Services Agreement and further agree that it shall take effect as of the Effective Date first above written.

Attest:	AVENIR COMMUNITY
DEVELOPMENT DISTRICT

Print name:	 Secretary/Assistant Secretary

Print name: 	
ChairNice-Chair

day of 	,2022

MAIN STREET ENGINEERING, INC., a
Florida corporation

By	­
William Pino, President

Print Name

day of 	, 2022

Print Name

Avenir COD - Northlake Lighting Rev. 05-16-2022
12

EXHIBIT A

PROPOSAL

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13

CONSULTANT WORK ORDER PROPOSAL

Main Street Engineering, Inc. proposes to provide the services identified below for the project entitled "North Lake Blvd, Palm Beach County, FL". Engineering Services for a Photometric Design.

GENERAL
Project Description: Engineering Services for the Photometric Design of Approximately 1.3 miles of the East bound lanes of North Lake Blvd (.66 miles West and .47 East of Coconut Blvd) in compliance with applicable Lighting Codes and Requirements and IESNA Recommendations. The Lighting Design shall be done utilizing the same criteria and equipment to be provided and installed by FPL, as per the plans developed by WGI for the section Eat of Coconut Blvd.

The general objective is for Main Street Engineering, Inc., hereinafter referred as the CONSULTANT, to provide Consulting Engineering Services to Avenir Community Development District.

SCOPE OF WORK
CONSULTANT to provide Design Services as per the following tasks/activities:

Survey of Existing Conditions at the Site
Utility Coordination
FPL coordination
Plans with Photometric Calculations Signed and Sealed by a Professional Engineer. Results shall include: Average llluminance, Max/Min ratio, and Ave/Min ratio
Details and Specifications of Lighting Standards

111. SCHEDULE OF WORK - TIME OF PERFORMANCE
Consultant shall submit the Deliverables and perform the Work as depicted in the tables below:

SCHEDULE OF WORK AND DELIVERABLES	
Sheet or ID
Number	
Drawing Name or Deliverable	
Anticipated Delivery Date	
1	Tasks 1-3 as described in Scope of Work	3 weeks(*)	
2	Tasks 4-5 as described in Scope of Work	3 weeks	
(*) Upon acceptance and receipt of the initial payment as indicated on Paragraph V.

7035 S'\iV 47th Street, Ste Bl Mia.mi, FL 33155

!

MiilOITTJ§itCT' tt
EMGINEERING

COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a fixed rate of $6,300.00. Any additional tasks outside the scope of work described on Paragraph Ill will be billed at $175 per Man-hour.

PAYMENT TERMS
$3000.00 with the acceptance of this proposal. Attached please find invoice for this item.
Balance of $3,300.00 upon completion of the plans prior of delivering the Signed & Sealed plans

PROJECT MANAGER
CONSULTANT'S Project Manager for this Work Order assignment will be William E. Pino, P.E.

Submitted by:	Main Street Engineering, Inc.	Date: April 8th, 2022

Signed by:

William E. Pino, P.E. President

Accepted by:		Avenir Community	Date: 	 Development District
550 Biltmore Way, Suite 111O Coral Gables, Florida 33134

7035 s,v 47th Street, Ste B1 Mia.mi; FL 33155

Signed by:						 Virginia Cepero, Chairperson		Date

CAULFIELD & WHEELER, INC.
Consulting Engineers• Surveyors & Mappers

Engineering EB0003591 Surveying LB0003591
Landscape Architecture LC0000318

April 29, 2022	Proposal #04-22-150

Ms. Virginia Cepero
Avenir Community Development District 2501A Burns Road
Palm Beach Gardens, FL 33410-5207

Re:	Agreement for professional services relating to the "AVENIR LIFT STATION
#6 - SUA EASEMENTS" located in the City of Palm Beach Gardens, Palm Beach County, Florida.

Dear Ms. Cepero:

Thank you for the opportunity to present you with this agreement for professional services for the "AVENIR LIFT STATION #6- SUA EASEMENTS". The scope of this agreement is to provide professional Surveying services of the subject property.

SCOPE OF SERVICES

SKETCH OF DESCRIPTION FOR AVENIR LIFT STATION #6- SUA EASEMENTS

Consultant shall prepare three sketches and legal descriptions for the proposed Lift
Station #6, in accordance with the Standards of Practice set forth in Chapter 51-17 adopted by the Florida State Board of Professional Surveyors and Mappers, pursuant to Chapter 472.027 Florida Statutes.

Lift Station Easement Fee	$260.00
Access Easement Fee	$360.00
Utility Easement Fee	$260.00

MISCELLANEOUS SERVICES

Any other miscellaneous services outside the scope of this contract, requested by the Client, will be performed at the prevailing hourly rates based upon actual work performed.

Boca Raton Office: 7900 Glades Road, Suite 100, Boca Raton, FL 33434 • Ph: 561-392-1991 • Fax: 561-750-1452
□Port St. Lucie Office: 410 S.E. Port St. Lucie Boulevard, Port St. Lucie, FL 34984 • Ph: 772-408-1920 • Fax: 772-408-1925

Page 2 - April 29, 2022 Proposal#04-22-150
Avenir Community Development District

Principals	$190.00/hr.
Expert Witness Testimony	$275.00/hr.
Laser Scanning Survey Crew	$250.00/hr.
GPS Survey Crew	$165.00/hr.
Robotic Survey Crew	$140.00/hr.
Field Survey Crew	$140.00/hr.
Professional Land Surveyor	$140.00/hr.
Engineering Design	$140.00/hr.
Landscape Architect/Site Planning	$135.00/hr.
CADD/Technician/Draftsperson	$100.00/hr.
Office Technician	$75.00/hr.
Engineering Inspector	$90.00/hr.
Prints	$0.30/s.f.
Mylars	$4.50/s.f.
Federal Express/Overnight Deliveries	$25.00/each
Federal Express First Overnight Deliveries	$75.00/each
Courier Deliveries	Cost plus 10%

GENERAL PROVISIONS

The terms of this agreement shall be effective for one (1) year from the date of execution of this contract and may be renegotiated at the option of the Consultant.
Receipt of this agreement (signed by all parties) shall be considered by Caulfield & Wheeler, Inc. as notice to proceed.
Statements for the professional services rendered by Caulfield & Wheeler, Inc. under this agreement will be invoiced monthly based on a work-in-progress or completed basis and payment is due upon the Client's receipt of the invoice or statement. Invoices not paid within 60 days of the date of the invoice shall be deemed delinquent. Upon any invoice or statement becoming delinquent, Caulfield & Wheeler, Inc. may:

Deem this agreement terminated. Caulfield & Wheeler, Inc. and Client shall thereupon have no further rights or obligations under this agreement and all fees and costs owed by Client through the date of termination shall be immediately due and payable; and/or

Withhold all work product of Caulfield & Wheeler, Inc. under this agreement, including all drawings, surveys, plats, reports, calculations, specifications, and all other data, and not deliver the same to the Client, and discontinue performing and providing professional services under this proposal until payment in full of all outstanding statements is received; file lien against the property for all outstanding invoices.

Page 3 -April 29, 2022 Proposal#04-22-150
Avenir Community Development District

Client acknowledges that Consultant will not be held liable for any damages incurred resulting from Consultant withholding work product or discontinuing services due to delinquency of payment of invoices on the part of the Client.

Caulfield & Wheeler, Inc. may request that the final statement be paid simultaneously with the delivery to the Client of the final work product due under this agreement. Fees for Caulfield & Wheeler, Inc.'s professional services under this agreement and costs incurred shall be due and payable by Client whether or not the Client, for any reason, fails or elects not to proceed with the Project.

The Client shall be responsible for the payment of all reimbursable items (i.e. blueprints, printing, Engineering mylars, plat mylars, authorized travel, filing fees, permits, assessments, or governmental related fees).
The obligation to provide further services under this agreement may be terminated by either party upon receipt of written notice within seven (7) days in the event of a substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, Consultant shall be paid for all services rendered to the date of termination including all reimbursable expenses and terminating expenses.
Revisions and/or additional services requested outside the scope of this agreement will be invoiced at the prevailing hourly rates.
All electronic files are the property of Caulfield & Wheeler, Inc. Hard copies of the data contained in the electronic files will be provided to Client upon request.
This Agreement may be assigned to another entity upon payment in full of outstanding invoices sent prior to the assignment request.

PURSUANT TO FLORIDA STATUTE 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.

Page 4 - April 29, 2022 Proposal#04-22-150
Avenir Community Development District

This agreement, consisting of four (4) pages, represents the entire understanding between Caulfield & Wheeler, Inc., Consultant; and Avenir Community Development District, Client, with respect to the project and may only be modified in writing signed by all parties.

Sincerely,

Caul

David P. Lindley, PLS Senior Vice President
Accepted by:

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Z:\PROPOSALS-BIDS\Pending\2022\Avenir Lift Station #6 SUA Easements-Avenir CDD.docx

RESOLUTION NO. 2022-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2022/2023; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors (“Board”) of the Avenir Community Development District (“District”) is required by Chapter 190.008, Florida Statutes, to approve a Proposed Budget for each fiscal year; and,

WHEREAS, the Proposed Budget including the Assessments for Fiscal Year 2022/2023 has been prepared and considered by the Board.

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

Section 1.  The Proposed Budget including the Assessments for Fiscal Year 2022/2023 attached hereto as Exhibit “A” is approved and adopted.

Section 2.  A Public Hearing is hereby scheduled for 	, 2022 at 2:00 p.m. at the offices of Special District Services, Inc., 2501A Burns Rd., Palm Beach Gardens, FL 33410, for the purpose of receiving public comments on the Proposed Fiscal Year 2022/2023 Budget.

PASSED, ADOPTED and EFFECTIVE this 26th day of May, 2022.

ATTEST:	AVENIR
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairman/Vice Chairman

Avenir	
Community Development District	

Proposed Budget For	
Fiscal Year 2021/2022	
October 1, 2021 - September 30, 2022	

CONTENTS

I	PROPOSED BUDGET	

II	DETAILED PROPOSED BUDGET	

III	DETAILED PROPOSED CLUBHOUSE BUDGET	

IV	DETAILED PROPOSED DEBT SERVICE BUDGET (SERIES 2018)	

V	DETAILED PROPOSED DEBT SERVICE BUDGET (SERIES 2019)	

VI	DETAILED PROPOSED DEBT SERVICE BUDGET (SERIES 2020)	

VII	DETAILED PROPOSED DEBT SERVICE BUDGET (SERIES 2021)	

VIII	ASSESSMENT COMPARISON - PARCELS A-1 - A-5	

IX	ASSESSMENT COMPARISON - PARCELS A-6 - A-9	

PROPOSED BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR	
	2022/2023	
	BUDGET	
O&M Assessments	2,244,888	
Clubhouse Assessments	1,970,534	
Total Debt Assessments	10,806,548	
Landowner Contribution - O&M	0	
Landowner Contribution - Clubhouse	0	
Landowner Contribution - Debt	0	
Impact Fees	1,073,500	
Debt - Capitalized Interest	0	
Bond Prepayments	0	
Bond Prepayments - Sent to Trustee	0	
O&M Interest & Other Income	1	
Clubhouse Interest & Other Income	17,600	
		
TOTAL REVENUES	$	16,113,071	
		
EXPENDITURES		
Supervisor Fees	0	
Engineering/Inspections	15,000	
Management	60,820	
Legal	60,000	
Assessment Roll	7,500	
Audit Fees	8,000	
Arbitrage Rebate Fee	3,200	
Insurance	30,000	
Legal Advertisements	4,500	
Miscellaneous	2,000	
Postage	500	
Office Supplies	3,500	
Dues & Subscriptions	175	
Trustee Fees	25,000	
Continuing Disclosure Fee	3,000	
Website Management	2,000	
Appraisal Fee	0	
Miscellaneous Maintenance	75,000	
Base Landscape Maintenance	600,000	
Optional Landscape Maintenance	250,000	
Lake Maintenance	50,000	
Stormwater / Lake Water Control	320,000	
Mitigation Maintenance	130,000	
Trail Maintenance	5,000	
Wild Hog Control	15,000	
Pump Maintenance	15,000	
Electric (FPL) (Including Streetlight)	325,000	
Water (Seacoast)	100,000	
Field Operations	0	
		
Clubhouse Total Expenditures	1,869,902	
		
TOTAL EXPENDITURES	$	3,980,097	
		
REVENUES LESS EXPENDITURES	$	12,132,974	
		
Bond Payments - Series 2018	(3,246,468)	
Bond Payments - Series 2019	(1,450,285)	
Bond Payments - Series 2020 (IF)	(1,073,500)	
Bond Payments - Series 2021	(5,461,403)	
		
BALANCE	$	901,318	
		
County Appraiser & Tax Collector Fee	(300,439)	
Discounts For Early Payments	(600,879)	
		
EXCESS/ (SHORTFALL)	$	-	

DETAILED PROPOSED BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR	
FISCAL YEAR	
FISCAL YEAR	

COMMENTS	
	2020/2021	2021/2022	2022/2023		
	ACTUAL	BUDGET	BUDGET		
O&M Assessments	1,100,893	3,244,953	2,244,888	Total Expenses / .94	
Clubhouse Assessments	19,044	0	1,970,534	Total CH Expenses / .94	
Total Debt Assessments	2,155,417	22,330,118	10,806,548		
Landowner Contribution - O&M	712,045	0	0		
Landowner Contribution - Clubhouse	0	0	0		
Landowner Contribution - Debt	0	0	0		
Impact Fees	1,169,080	0	1,073,500	Estimated	
Debt - Capitalized Interest	0	0	0		
Bond Prepayments	2,209,682	0	0		
Bond Prepayments - Sent to Trustee	(2,209,682)	0	0		
O&M Interest & Other Income	434	0	1		
Clubhouse Interest & Other Income	0	0	17,600		
					
TOTAL REVENUES	$	5,156,913	$  25,575,071	$  16,113,071		
					
EXPENDITURES					
Supervisor Fees	0	0	0		
Engineering/Inspections	10,750	15,000	15,000		
Management	39,084	39,631	60,820	CPI Adjustment	
Legal	50,907	60,000	60,000		
Assessment Roll	7,500	7,500	7,500		
Audit Fees	5,000	8,000	8,000		
Arbitrage Rebate Fee	2,600	1,950	3,200		
Insurance	6,002	8,000	30,000	Insurance Estimate	
Legal Advertisements	6,138	4,500	4,500		
Miscellaneous	419	2,000	2,000		
Postage	618	500	500		
Office Supplies	1,516	2,000	3,500		
Dues & Subscriptions	175	175	175		
Trustee Fees	21,000	18,000	25,000		
Continuing Disclosure Fee	2,000	3,000	3,000		
Website Management	2,000	2,000	2,000		
Appraisal Fee	0	0	0		
Infrastructure Maintenance	83,063	0	0		
Miscellaneous Maintenance	35,569	25,000	75,000		
Base Landscape Maintenance	444,397	450,000	600,000		
Optional Landscape Maintenance	0	100,000	250,000		
Lake Maintenance	44,434	28,000	50,000		
Stormwater / Lake Water Control	374,164	180,000	320,000	Pumps	
Mitigation Maintenance	113,588	130,000	130,000		
Trail Maintenance	0	5,000	5,000		
Wild Hog Control	0	15,000	15,000		
Pump Maintenance	0	25,000	15,000		
Electric (FPL) (Including Streetlight)	233,405	325,000	325,000	Streetlight & electric	
Water (Seacoast)	136,977	100,000	100,000		
Field Operations	0	20,000	0		
					
Clubhouse Total Expenditures	68,232	1,475,000	1,869,902		
					
TOTAL EXPENDITURES	$	1,689,536	$	3,050,256	$	3,980,097		
					
REVENUES LESS EXPENDITURES	$	3,467,377	$  22,524,815	$  12,132,974		
					
Bond Payments - Series 2018	(1,969,712)	(3,402,085)	(3,246,468)	2023 P & I Payments Less Earned Interest	
Bond Payments - Series 2019	(83,708)	(1,455,335)	(1,450,285)	2023 P & I Payments Less Earned Interest	
Bond Payments - Series 2020 (IF)	(1,169,080)	(17,162,650)	(1,073,500)	Estimated	
Bond Payments - Series 2021	0	0	(5,461,403)	2023 P & I Payments Less Earned Interest	
					
BALANCE	$	244,878	$	504,745	$	901,318		
					
County Appraiser & Tax Collector Fee	(16,228)	(168,248)	(300,439)		
Discounts For Early Payments	(107,687)	(336,497)	(600,879)		
					
EXCESS/ (SHORTFALL)	$	120,963	$	-	$	-		

DETAILED PROPOSED CLUBHOUSE BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

EXPENDITURES	
FISCAL YEAR	
FISCAL YEAR	
FISCAL YEAR	

COMMENTS	
	2020/2021	2021/2022	2022/2023		
	ACTUAL	BUDGET	BUDGET		
Connect Water Fee	68,232				
Management/personnel	0	530,000	533,206		
Uniforms	0	0	4,000		
Licenses/Permits	0	5,000	5,000		
Insurance	0	62,880	75,456		
Post / Print / Office Sup	0	6,000	4,500		
IT / Telecom	0	35,000	35,000		
HVAC Maint & Repair	0	7,000	12,000		
Janitorial	0	15,000	15,000		
Misc Repair & Maint	0	50,000	60,000		
Pest Control	0	20,000	20,000		
Fire/ Life/ Hood -Safe Sys	0	6,000	6,000		
Fitness Equip	0	4,000	4,000		
Vehicle Lease & Maint	0	3,000	1,500		
Holiday Decorations	0	15,000	15,000		
Cable / Music Services	0	3,000	4,000		
Trash Removal	0	17,000	10,800		
Gas	0	75,000	75,000		
Electricity	0	90,000	65,000		
Water & Sewer	0	100,000	50,000		
Irrigation Water	0	75,000	13,000		
Camera Surveillance	0	5,000	0		
Electronic Access Control	0	1,000	4,000		
Surveillance Repair & Main	0	3,000	5,000		
Landscape Maint Contract	0	121,770	100,000		
Landscape Other	0	0	89,500		
Pool Chemicals	0	50,000	60,000		
Pool Repair & Maint	0	15,000	52,500		
Tennis & Pickle Court Main	0	7,000	10,000		
Furniture Repair & Maint	0	7,500	7,500		
Social Programs	0	55,000	282,940		
Restaurant Expenses	0	56,425	0		
Deficit Funding F&B Operat	0	34,425	0		
Other / Capital Expenses	0	0	250,000		
					
TOTAL EXPENDITURES	$	68,232	$	1,475,000	$	1,869,902		

DETAILED PROPOSED DEBT SERVICE FUND BUDGET - SERIES 2018
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	FISCAL YEAR 2019/2020 ACTUAL	FISCAL YEAR 2021/2022 BUDGET	FISCAL YEAR 2022/2023 BUDGET	

COMMENTS	
Interest Income	161	500	200	Projected Interest For 2022/2023	
Net NAV Collection 2018-1	2,498,195	2,098,851	2,098,851	Maximum Net Debt Service Collection	

Net Collection 2018-2 (Taxable & Tax-Exempt)	500,228	490,873	335,556	
Estimate - Collected from Developer / Home Builder	
Net NAV Collection 2018-3	811,122	811,861	811,861	Maximum Net Debt Service Collection	
Landowner Contribution	0	0	0		
Prepaid Bond Collections	2,132,959	0	0		
Total Revenues	$	5,942,665	$	3,402,085	$	3,246,468		
					
EXPENDITURES					
Principal Payments 2018-1	455,000	460,000	490,000	Principal Payment Due In 2023	

Principal Payments 2018-2 Taxable	400,000	0	0	Bonds Paid off as lots sold to Homebuilder	
Principal Payments 2018-2 TE	100,000	0	0	Bonds Paid off as lots sold to Homebuilder	
Principal Payments 2018-3	155,000	165,000	175,000	Principal Payment Due In 2023	
Interest Payments 2018-1	1,675,575	1,638,725	1,612,600	Interest Payments Due In 2023	

Interest Payments 2018-2 Taxable	420,675	412,775	282,030	Estimated Interest Payments Due In 2023	
Interest Payments 2018-2 TE	79,560	78,098	53,526	Estimated Interest Payments Due In 2023	
Interest Payments 2018-3	656,363	642,706	632,931	Interest Payments Due In 2023	
Bond Redemptions	0	4,781	381	Estimated Excess Debt Collections	
Total Expenditures	$	3,942,173	$	3,402,085	$	3,246,468		
					
Excess/ (Shortfall)	$	2,000,492	$	-	$	-		

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 =	Paid as Lots Sold to Home Builders	
Interest Rate =	7.90%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	May 2018			
Maturity Date =	May 2029	NOTE: These Bonds are paid off as lot are sold to	Home Builders	

Series 2018-2 Tax Exempt (TE) Bond Information	
Original Par Amount =	$4,700,000	Annual Principal Payments Due =	Paid as Lots Sold to Home Builders	
Interest Rate =	5.85%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	May 2018			
Maturity Date =	May 2029	NOTE: These Bonds are paid off as lot are sold to	Home Builders	

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 =
Maturity Date =	May 2018
May 2049			

DETAILED PROPOSED DEBT SERVICE FUND BUDGET - SERIES 2019
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR	
FISCAL YEAR	
FISCAL YEAR	

COMMENTS	
	2019/2020	2021/2022	2022/2023		
	ACTUAL	BUDGET	BUDGET		
Interest Income	62	0	200	Projected Interest For 2022/2023	
Net NAV Tax Collection	1,057,988	1,078,335	1,078,335	Maximum Net Debt Service Collection	
Net NAV Tax Collection B	72,385	377,000	371,750	
Estimate - Collected from Developer / Home Builder	
Landowner Contribution	0	0	0		
Capitalized Interest	66,452	0	0	
Capitalized Interest Set-Up Through May 2020	
Total Revenues	$	1,196,887	$	1,455,335	$	1,450,285		
					
EXPENDITURES					
Principal Payments	270,000	220,000	230,000	Principal Payments Due In 2023	
Principal Payments B	0	0	0		
Interest Payments	880,110	861,560	848,960	Interest Payments Due In 2023	
Interest Payments B	377,000	377,000	371,750	Estimated Interest Payments Due in 2023	
Bond Redemptions	0	-3,225	-425	Estimated Excess Debt Collections	
Total Expenditures	$	1,527,110	$	1,455,335	$	1,450,285		
					
Excess/ (Shortfall)	$	(330,223)	$	-	$	-		

Original Par Amount =	
Interest Rate =	
Issue Date =	
Maturity Date =	

Series 2019 Bond Information	
$15,700,000	Annual Principal Payments Due =	May 1st	
5.60%	Annual Interest Payments Due =	May 1st & November 1st	
April 2019			
May 2050			

Original Par Amount =	
Interest Rate =	
Issue Date =	
Maturity Date =	

Series 2019 B Taxable Bond Information	
$2,200,000	Annual Principal Payments Due =	Paid as Lots Sold to Home Builders	
6.875%	Annual Interest Payments Due =	May 1st & November 1st	
December 2019			
May 2029			

Original Par Amount =	
Interest Rate =	
Issue Date =	
Maturity Date =	

Series 2019 B Tax Exempt (TE) Bond Information	
$4,300,000	Annual Principal Payments Due =	Paid as Lots Sold to Home Builders	
5.250%	Annual Interest Payments Due =	May 1st & November 1st	
December 2019			
May 2029			

DETAILED PROPOSED DEBT SERVICE FUND BUDGET - SERIES 2020
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR	
FISCAL YEAR	
FISCAL YEAR	

COMMENTS	
	2019/2020	2021/2022	2022/2023		
	ACTUAL	BUDGET	BUDGET		
Interest Income	20	0	0	Projected Interest For 2022/2023	
Impact Fees	930,018	1,073,500	1,073,500	Paid As Impact Fee Credits Are Earned	
SAN		16,089,150	0	Bond Paid in Full 11/1/2021	
Total Revenues	$	930,038	$	1,073,500	$	1,073,500		
					
EXPENDITURES					
Impact Fee Principal Payments	0	0	0	Principal Payments Happen Based on Collections	
Impact Fee Interest Payments	242,070	1,073,500	1,073,500	Estimated Interest Payments Due In 2023	
SAN Principal		15,400,000	0	Bond Paid in Full 11/1/2021	
SAN Interest		689,150	0	Bond Paid in Full 11/1/2021	
Total Expenditures	$	242,070	$	1,073,500	$	1,073,500		
					
Excess/ (Shortfall)	$	687,968	$	-	$	-		

Original Par Amount =	
Interest Rate =	
Issue Date =	
Maturity Date =	

Series 2020 Bond Information	
$22,600,000	Annual Principal Payments Due =	Paid as Impact Fee Credits Are Earned	
4.75%	Annual Interest Payments Due =	May 1st & November 1st	
July 2020			
November 2050			

Original Par Amount =	
Interest Rate =	
Issue Date =	
Maturity Date =	

Series 2020 SAN Information	
$15,400,000	Annual Principal Payments Due =	Due in Full November 1, 2021	
4.50%	Annual Interest Payments Due =	Due in Full November 1, 2021	
October 2020			
November 2021			

DETAILED PROPOSED DEBT SERVICE FUND BUDGET - SERIES 2021
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	FISCAL YEAR 2019/2020 ACTUAL	FISCAL YEAR 2021/2022 BUDGET	FISCAL YEAR 2022/2023 BUDGET	

COMMENTS	
Interest Income	0	0	200	Projected Interest For 2022/2023	
Net NAV Collection 2021 A-1 & A-2	0	0	4,003,203	Maximum Net Debt Service Collection	
Net NAV Collection 2021 B	0	0	1,458,000	Maximum Net Debt Service Collection	
Landowner Contribution	0	0	0		
Prepaid Bond Collections	0	0	0		
Total Revenues	$	-	$	-	$	5,461,403		
					
EXPENDITURES					
Principal Payments 2021 A-1	0	0	575,000	Principal Payment Due In 2023	
Principal Payments 2021 A-2	0	0	565,000	Bonds Paid off as lots sold to Homebuilder	
Principal Payments 2021 B	0	0	0	Principal Payment Due In 2023	
Interest Payments 2021 A-1	0	0	855,904	Interest Payments Due In 2023	
Interest Payments 2021 A-2	0	0	1,999,903	Estimated Interest Payments Due In 2023	
Interest Payments 2021 B	0	0	1,458,000	Interest Payments Due In 2023	
Bond Redemptions	0	0	7,596	Estimated Excess Debt Collections	
Total Expenditures	$	-	$	-	$	5,461,403		
					
Excess/ (Shortfall)	$	-	$	-	$	-		

Series 2021 A-1 Bond Information
Original Par Amount =	$27,305,000	Annual Principal Payments Due =	May 1st	
Interest Rate =	3.299%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	September 2021			
Maturity Date =	May 2052			

Series 2021 A-2 Bond Information	
Original Par Amount =	$39,305,000	Annual Principal Payments Due =	Paid as Lots Sold to Home Builders	
Interest Rate =	5.125%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	September 2021			
Maturity Date =	May 2052			

Series 2021 B Bond Information	
Original Par Amount =	$29,160,000	Annual Principal Payments Due =	N/A	
Interest Rate =	5.00%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =
Maturity Date =	September 2021
May 2041			

Avenir Community Development District Assessment Comparison (Parcels A-1 - A-5)

Fiscal Year	
Original	
Projected	
Gross Assessment	
O&M Assessment For Parcel A-1	$	-	
Clubhouse Operation Assessment For Parcel A-1	$	-	
Debt (2018-1) Assessment For Parcel A-1	$	2,077.13	
Debt (2018-3 Clubhouse) Assessment For Parcel A-1	$	742.00	
Total	$	2,819.13	

Fiscal Year	
2020/2021	
Gross	
Assessment	
$	696.77	
$	45.78	
$	2,077.13	
 $	742.00 	
$	3,561.68	

Fiscal Year	
2021/2022	
Projected	
Gross Assessment	
$	823.90	
$	1,352.71	
$	2,077.13	
 $	742.00 	
$	4,995.74	

Fiscal Year	
2022/2023	
Projected	
Gross Assessment	
$	1,103.68	
$	1,698.74	
$	2,077.13	
$	742.00	
$	5,621.55	

O&M Assessment For Parcel A-2	$	-	
Clubhouse Operation Assessment For Parcel A-2	$	-	
Debt (2018-1) Assessment For Parcel A-2	$	1,982.71	
Debt (2018-3 Clubhouse) Assessment For Parcel A-2	$	742.00	
Total	$	2,724.71	

$	696.77	
$	45.78	
$	1,982.71	
 $	742.00 	
$	3,467.26	

$	823.90	
$	1,352.71	
$	1,982.71	
 $	742.00 	
$	4,901.32	

$	1,103.68	
$	1,698.74	
$	1,982.71	
$	742.00	
$	5,527.13	

O&M Assessment For Parcel A-3	$	-	
Clubhouse Operation Assessment For Parcel A-3	$	-	
Debt (2018-1) Assessment For Parcel A-3	$	1,888.30	
Debt (2018-3 Clubhouse) Assessment For Parcel A-3	$	742.00	
Total	$	2,630.30	

$	696.77	
$	45.78	
$	1,888.30	
 $	742.00 	
$	3,372.85	

$	823.90	
$	1,352.71	
$	1,888.30	
 $	742.00 	
$	4,806.91	

$	1,103.68	
$	1,698.74	
$	1,888.30	
$	742.00	
$	5,432.72	

O&M Assessment For Parcel A-4	$	-	
Clubhouse Operation Assessment For Parcel A-4	$	-	
Debt (2018-1) Assessment For Parcel A-4	$	2,171.54	
Debt (2018-3 Clubhouse) Assessment For Parcel A-4	$	742.00	
Total	$	2,913.54	

$	696.77	$	823.90	$	1,103.68	
$	45.78	$	1,352.71	$	1,698.74	
$	2,171.54	$	2,171.54	$	2,171.54	
 $	742.00 	 $	742.00 	$	742.00	
$	3,656.09	$	5,090.15	$	5,715.96	

O&M Assessment For Parcel A-5 (50 Foot)	$	-	
Clubhouse Operation Assessment For Parcel A-5 (50 Foot)	$	-	
Debt (2018-1) Assessment For Parcel A-5 (50 Foot)	$	1,888.30	
Debt (2018-3 Clubhouse) Assessment For Parcel A-5 (50 Foot)	$	-	
Total	$	1,888.30	

$	696.77	$	823.90	$	1,103.68	
$	-	$	-	$	-	
$	1,888.30	$	1,888.30	$	1,888.30	
 $	- 	 $	- 	$	-	
$	2,585.07	$	2,712.20	$	2,991.98	

O&M Assessment For Parcel A-5 (60 Foot)	$	-	
Clubhouse Operation Assessment For Parcel A-5 (60 Foot)	$	-	
Debt (2018-1) Assessment For Parcel A-5 (60 Foot)	$	1,982.71	
Debt (2018-3 Clubhouse) Assessment For Parcel A-5 (60 Foot)	$	-	
Total	$	1,982.71	

$	696.77	$	823.90	$	1,103.68	
$	-	$	-	$	-	
$	1,982.71	$	1,982.71	$	1,982.71	
 $	- 	 $	- 	$	-	
$	2,679.48	$	2,806.61	$	3,086.39	

O&M Assessment For S.F. Villas	$	-	
Clubhouse Operation Assessment For S.F. Villas	$	-	
Debt (2018-1) Assessment For S.F. Villas	$	1,063.83	
Debt (2018-3 Clubhouse) Assessment For S.F. Villas	$	742.00	
Total	$	1,805.83	

$	696.77	$	823.90	$	1,103.68	
$	45.78	$	1,352.71	$	1,698.74	
$	1,063.83	$	1,063.83	$	1,063.83	
 $	742.00 	 $	742.00 	$	742.00	
$	2,548.38	$	3,982.44	$	4,608.25	

O&M Assessment For Econ Dev	$	-	
Clubhouse Operation Assessment For Econ Dev	$	-	
Debt (2018-1) Assessment For Econ Dev	$	2,127.66	
Debt (2018-3 Clubhouse) Assessment For Econ Dev	$	-	
Total (Per Acre)	$	2,127.66	

$	696.77	$	823.90	$	1,103.68	
$	-	$	-	$	-	
$	2,127.66	$	2,127.66	$	2,127.66	
 $	- 	 $	- 	$	-	
$	2,824.43	$	2,951.56	$	3,231.34	

O&M Assessment For Town Center	$	-	
Clubhouse Operation Assessment For Town Center	$	-	
Debt (2018-1) Assessment For Town Center	$	2,127.66	
Debt (2018-3 Clubhouse) Assessment For Town Center	$	-	
Total (Per Acre)	$	2,127.66	

$	696.77	$	823.90	$	1,103.68	
$	-	$	-	$	-	
$	2,127.66	$	2,127.66	$	2,127.66	
 $	- 	 $	- 	$	-	
$	2,824.43	$	2,951.56	$	3,231.34	

* Assessments Include the Following :		
4% Discount for Early Payments	
1% County Tax Collector Fee	
1% County Property Appraiser Fee	

Community Information		
First Phase		
Parcel A-1	98	
Parcel A-2	92	
Parcel A-3	119	
Parcel A-4	107	
Parcel A-5	267	
Parcel A-5	202	
SF Villas	250	
First Phase Residential	1,135	
Econ Dev (50 Acres)	177	
Town Center (53 Acres)	228	
Total First Phase	1,540	

Second Phase		
Parcel A-6	245	
Parcel A-7	50	
Parcel A-8	98	
Parcel A-9	101	
Total Second Phase	494	

TOTAL UNITS		
Phase 1	1,540	
Phase 2	494	
Total Units	2,034	

Total Gross O&M Expenses / Total O&M Units =

$2,244,888	/	2,034	

TOTAL RESIDENTIAL UNITS		
Phase 1	1,135	
Phase 2	494	
Total Units	1,629	

TOTALCLUBHOUSE UNITS		
Phase 1	666	
Phase 2	494	
Total Units	1,160	

Total Gross Clubhouse Operation Expenses / Total Clubhouse Units =

$1,970,534	/	1,160	

O&M per Unit

$1,103.68

Clubhouse Operation per Unit

$1,698.74

Note: Parcel A-5, Econ Dev, and Town Center are Not Assessed For	
Clubhouse Assessment - Receives No Special Benefit	

Avenir Community Development District Assessment Comparison (Parcels A-6 - A-9)

O&M Assessment For Parcel A-6	
Clubhouse Operation Assessment For Parcel A-6	
Debt (2019) Assessment For Parcel A-6	
Debt (2018-3 Clubhouse) Assessment For Parcel A-6	
Total	

Fiscal Year	
Original	
Projected	
Gross Assessment	
$	-	
$	-	
$	2,322.00	
 $	742.00 	
$	3,064.00	

Fiscal Year	
2020/2021	
Projected	
Gross Assessment	
$	696.77	
$	45.78	
$	2,322.00	
 $	742.00 	
$	3,806.55	

Fiscal Year	
2021/2022	
Projected	
Gross Assessment	
$	823.90	
$	1,352.71	
$	2,322.00	
 $	742.00 	
$	5,240.61	

Fiscal Year	
2022/2023	
Projected	
Gross Assessment	
$	1,103.68	
$	1,698.74	
$	2,322.00	
 $	742.00 	
$	5,866.42	

O&M Assessment For Parcel A-7	$	-	
Clubhouse Operation Assessment For Parcel A-7	$	-	
Debt (2019) Assessment For Parcel A-7	$	2,554.00	
Debt (2018-3 Clubhouse) Assessment For Parcel A-7	 $	742.00 	
Total	$	3,296.00	

$	696.77	
$	45.78	
$	2,554.00	
 $	742.00 	
$	4,038.55	

$	823.90	
$	1,352.71	
$	2,554.00	
 $	742.00 	
$	5,472.61	

$	1,103.68	
$	1,698.74	
$	2,554.00	
 $	742.00 	
$	6,098.42	

O&M Assessment For Parcel A-8	$	-	
Clubhouse Operation Assessment For Parcel A-8	$	-	
Debt (2019) Assessment For Parcel A-8	$	2,554.00	
Debt (2018-3 Clubhouse) Assessment For Parcel A-8	 $	742.00 	
Total	$	3,296.00	

$	696.77	
$	45.78	
$	2,554.00	
 $	742.00 	
$	4,038.55	

$	823.90	
$	1,352.71	
$	2,554.00	
 $	742.00 	
$	5,472.61	

$	1,103.68	
$	1,698.74	
$	2,554.00	
 $	742.00 	
$	6,098.42	

O&M Assessment For Parcel A-9	$	-	
Clubhouse Operation Assessment For Parcel A-9	$	-	
Debt (2019) Assessment For Parcel A-9	$	1,983.00	
Debt (2018-3 Clubhouse) Assessment For Parcel A-9	 $	742.00 	
Total	$	2,725.00	

$	696.77	$	823.90	$	1,103.68	
$	45.78	$	1,352.71	$	1,698.74	
$	1,983.00	$	1,983.00	$	1,983.00	
 $	742.00 	 $	742.00 	 $	742.00 	
$	3,467.55	$	4,901.61	$	5,527.42	

* Assessments Include the Following :		
4% Discount for Early Payments	
1% County Tax Collector Fee	
1% County Property Appraiser Fee	

Community Information		
First Phase		
Parcel A-1	98	
Parcel A-2	92	
Parcel A-3	119	
Parcel A-4	107	
Parcel A-5	267	
Parcel A-5	202	
SF Villas	250	
First Phase Residential	1,135	
Econ Dev (50 Acres)	177	
Town Center (53 Acres)	228	
Total First Phase	1,540	

Second Phase		
Parcel A-6	245	
Parcel A-7	50	
Parcel A-8	98	
Parcel A-9	101	
Total Second Phase	494	

TOTAL UNITS		
Phase 1	1,540	
Phase 2	494	
Total Units	2,034	

Total Gross O&M Expenses / Total O&M Units =

$2,244,888	/	2,034	

TOTAL RESIDENTIAL UNITS		
Phase 1	1,135	
Phase 2	494	
Total Units	1,629	

TOTALCLUBHOUSE UNITS		
Phase 1	666	
Phase 2	494	
Total Units	1,160	

Total Gross Clubhouse Operation Expenses / Total Clubhouse Units =

$1,970,534	/	1,160	

O&M per Unit

$1,103.68

Clubhouse Operation per Unit

$1,698.74

Note: Parcel A-5, Econ Dev, and Town Center are Not Assessed For	
Clubhouse Assessment - Receives No Special Benefit