AVENIR COMMUNITY DEVELOPMENT
DISTRICT

CITY OF PALM BEACH GARDENS REGULAR BOARD MEETING NOVEMBER 14, 2022
12:30 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
2501A Burns Road
Palm Beach Gardens, Florida 33410 Call-in #: 877-402-9753; 4411919 REGULAR BOARD MEETING
November 14, 2022
12:30 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
October 27, 2022 Regular Board Meeting & Public Hearing…	Page 2
Old Business
Update Regarding Buffer Wall Easement Encroachments
New Business
Consider Approval of Centerline Spine Road Phase 3 - Change Order No. 3…	Page 9
Consider Approval of Centerline Spine Road Phase 4 - Change Order No. 4…	Page 13
Consider Approval of Expanded Landscape Maintenance Proposal…	Page 17
Consider Approval of SUA Developer’s Agreements – Town Center Bypass Road…	Page 18
Consider Resolution No. 2022-00 – Adopting a Fiscal Year 2021/2022 Amended Budget…	Page 41
Clubhouse
Clubhouse Management Update…	Page 53
Consider Approval of South Florida Select Homes Agreement – Sidewalk Installation…	Page 554
Consider Authorization to Engage Square POS System
Administrative Matters
Board Member Comments
Adjourn

PALM BEACH

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 flk/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, ET AL.

in the XXXX Court,
was published In said newspaper by print in the issues of and/or by publication on the newspaper's website, if authorized, on

10/17/2022

Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50, Florida Sta1Utes.

(SEAL)
ANGELINA GARAY personally known to me

AVENIA COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023 REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that the
Board of Supervisors of the Avenir Community Development Dislnct wfll hold Regular Board Meetings at the offices of Special District Serv­ ices, Inc., 2501A Bums Road, Palm Beach Gardens, Florida 33410 at 12:30 p.m. on the following dales:
October 27, 2022
November 14, 2022
December 15, 2022
January 26, 2023
February 23, 2023
March 23, 2023 April27,2023 May 25, 2023
June 22, 2023
July 27, 2023
August 24. 2023
September 28, 2023
The purpose of the meetings Is to conduct any business coming before the Board. Meetings are open to the public and will be conduoted In accordance with the provisions of Flonda law. Copies of the Agendas fOf any of the meetings may be ob­ tamed from the District's website or
by contacting the Dlstnot 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 Supervisors may participate by tele­ phone: the!efore. a speaker telephone wfll be present at the meeting loca­ tion so that SuperviSOfs may be fully informed of the discussions taking place. Said meeting(s) may be con­ tinued as found necessary to a time and place speclfied on the record.
II any person decides to appeal any dectsion made with respeot to any matter considered at these meetrngs, such person wrn need a record of the proceedlngs and such person may need to ensure that a verbatim recOfd of the proceedings is made at his or her own expense / and which record includes the testi- 1
mony and evidence on Which the appeal is based.
In accordance with the provisions of the Americans with Disabllities Act any person requiring speclal accommodations or an interpreter to participate at any of these meet­ ings 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 ww.v.avenlrcdd.org
10/17	22-24/0000625671P

AVENIR COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARINGS & REGULAR BOARD MEETING OCTOBER 27, 2022

CALL TO ORDER

The October 27, 2022, Regular Board Meeting of the Avenir Community Development District (the “District”) was called to order at 12:30 p.m. in 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 17, 2022, as part of the District’s Fiscal Year 2022/2023 Meeting Schedule, as legally required.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance: Chairperson Virginia Cepero, and Supervisors 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 (via phone); and Clubhouse Reps Kyle Nelson (via phone), Rick Salvatore, Gina Sanchez and Sherry Ward.

Also present Tanya McConnell of Ballbe Engineering.

ADDITIONS OR DELETIONS TO THE AGENDA

Mr. Pierman noted that a proposal form Ranger had just been received and would 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
August 25, 2022, Public Hearing & Regular Board Meeting

The minutes of the August 25, 2022, Public Hearing & Regular Board Meeting were presented for consideration.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the minutes of the August 25, 2022, Public Hearing & Regular Board Meeting, as presented.

The Regular Board Meeting was then recessed and the Public Hearing on the proposed rules was opened.

PUBLIC HEARING
Proof of Publication

Proof of publication was presented which indicated that notice of the Public Hearing had been published in The Palm Beach Daily Business Review on September 28, 2022, as legally required.

Receive Public Comment on Proposed Rules

Mr. Pierman noted that no members of the public were in attendance.

Consider Resolution No. 2022-09 – Adopting Rules on Towing and Parking

Resolution No. 2022-09 was presented, entitled:

RESOLUTION 2022-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, ADOPTING RULES PERTAINING TO PARKING AND TOWING; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE

A motion was made by Mr. Lopez, seconded by Ms. Cepero and passed unanimously adopting Resolution No. 2022-09, as presented.

Consider Resolution No. 2022-10 – Adopting Rules Prohibiting Irrigation from Lakes

Resolution No. 2022-10 was presented, entitled:

RESOLUTION NO. 2022-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”), ADOPTING A DISTRICT RULE PROHIBITING THE WITHDRAWAL OF WATER FROM DISTRICT LAKES, PROHIBITING THE PLANTING, INSTALLATION, OR CONSTRUCTION OF ANY ENCROACHMENTS ON OR WITHIN ANY PORTION OF DISTRICT PROPERTY, INCLUDING BUT NOT LIMITED TO LAKE BANK AREAS, LAKE MAINTENANCE EASEMENTS, OR OTHER DISTRICT PROPERTY INTERESTS, AND PROVIDING FOR THE ENFORCEMENT OF SUCH RULES; AND PROVIDING AN EFFECTIVE DATE

A motion was made by Mr. Lopez, seconded by Ms. Cepero and passed unanimously adopting Resolution No. 2022-10, as presented.

Consider Resolution No. 2022-11 – Adopting an Amended Amenities Rules Handbook

Resolution No. 2022-11 was presented, entitled:

RESOLUTION NO. 2022-11

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT AMENDING CERTAIN PROVISIONS OF THE AMENITIES RULES HANDBOOK RELATED TO GUESTS AND GUEST PASSES; AND PROVIDING FOR AN EFFECTIVE DATE

A motion was made by Mr. Lopez, seconded by Ms. Cepero and passed unanimously adopting Resolution No. 2022-11, as presented.

The Public Hearing on the proposed rules was closed and the Public Hearing on the amended club rates was opened.

PUBLIC HEARING
Proof of Publication

Proof of publication was presented which indicated that notice of the Public Hearing had been published in The Palm Beach Daily Business Review on October 13, 2022, and October 20, 2022 as legally required.

Receive Public Comment on Amended Club Rules

Mr. Pierman noted that no members of the public were in attendance. He also noted that, for the Board’s reference, residents were paying a total of $2,112.47 for the clubhouse this fiscal year.

Consider Resolution No. 2022-12 – Adopting Amended Club Rules

Resolution No. 2022-13 was presented, entitled:

RESOLUTION NO. 2022-12
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT MODIFYING AND SUPPLEMENTING CERTAIN RATES, FEES, AND CHARGES; AND PROVIDING AN EFFECTIVE DATE.

A motion was made by Mr. Lopez, seconded by Ms. Cepero and passed unanimously adopting Resolution No. 2022-12, as presented.

The Public Hearing on amended club rates was closed and the Regular Board Meeting was reconvened.

OLD BUSINESS

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

NEW BUSINESS
Consider Ratification of Plat – Panther National at Avenir Pod 12

Consider Ratification of Plat – Avenir Pod 15

Mr. Ballbe presented both plats. Mr. Pawelczyk explained that the District was being added because it owns land included on the plat.

A motion was made by Mr. Lopez, seconded by Ms. Cepero and unanimously passed ratifying the Panther National at Avenir Pod 12 and Avenir Pod 15 plats.

Consider Ratification of Work Authorization No. 4 for Spine Road Phase 6 – Engineering Services

Consider Ratification of Work Authorization No. 5 for Spine Road Phase 6 – Engineering Services

Mr. Ballbe presented Work Authorizations 4 and 5 for Spine Road Phase 6, noting that they were for the design  and  permitting  of  Panther  National  Boulevard  and  the  extension  to  Mecca  Road.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously passed ratifying Work Authorizations 4 and 5 for Spine Road Phase 6.

Consider SUA Developer’s Agreements – Spine Road Phases 5 & 6

Mr. Pierman presented the SUA Developer’s Agreements for Spine Road Phases 5 & 6, suggesting that it be approved in substantial final form, subject to staff review. Mr. Pawelczyk explained that the agreements were needed by SUA because water and sewer was being installed in the District-owned right-of-way. He noted, however, that the District cannot expend funds on the project until the funding is in place and suggested that language be added to that effect. Mr. Ballbe noted that there were no connection fees associated with these agreements.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the SUA Developer’s Agreements for Spine Road Phases 5 and 6, in substantial final form, subject to staff review.

Consider Fourth Amendment to Fifth Supplemental Engineer’s Report

Mr. Ballbe explained that the report was for the issuance of bonds for Assessment Area 3, which includes Parcels A-16, 17, 19, and Parcels D, H and J, for a total of 128.55 acres and 751 units. The $75 Million funding includes improvements and land purchase.

A motion was made by Mr. Lopez, seconded by Ms. Cepero and unanimously passed approving the Fourth Amendment to the Fifth Supplemental Engineer’s Report, as presented.

Consider H&J Change Orders 8, 9 and 10

Consider Centerline Change Order 3

Mr. Ballbe presented H&J Change Orders 8, 9, and 10, noting that Change Order No. 8 was for removing fill, repairing lake slopes, filling a canal, and fill for the parking lot and is in the amount of $192,966.80; Change Order No. 9 was for long hauling materials for Phase 2 and is in the amount of $1,620,008.00; and Change Order No. 10 was a fuel increase allowance in the amount of $3,056,617.80. Mr. Ballbe

confirmed that the contract allows for H&J to request increases for materials, such as fuel, and that this amount was not the final number, but rather an allowance. Mr. Ballbe then presented Centerline Change Order No. 3, explaining that it was for an increase in costs for Spine Road Phase 3 electric components in the amount of $24,052.50. Following discussion, it was noted that the lake slope repairs included in the H&J Change Order No. 8 in the amount of $17,096.00 should be paid from the maintenance budget and should be removed from the Change Order.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously passed approving H&J Change Orders 8, 9, and 10, and Centerline Change Order 3, amending the H&J Change Order No. 8 as previously discussed above.

Discussion Regarding Wall Easement Encroachments

Mr. Pierman explained that an issue regarding homeowners’ fences was brought to the District attention, wherein homeowners were installing fences up to the District-owned buffer wall. The concern is that the District must maintain the interior of the wall, and fences that are installed up to it would hinder the maintenance, including painting. Following discussion, staff believes the best way forward is to include the interior wall maintenance responsibility in the HOA’s maintenance agreement, and to allow the HOAs to police homeowner fences with the stipulation that they may not attach to the wall. The Board agreed and requested that staff contact the HOA manager and bring back an agreement for Board consideration.

Discussion Regarding Landscaping Agreement

Mr. Pierman explained that CPM had requested a 5% increase on their contract. They also pointed out that the next two phases of landscaping were almost ready to be maintained. Following discussion, the Board suggested that CPM provide a proposal for the additional areas and their increase.

Consider Ranger Construction Change Order

Mr. Ballbe presented the change order for Ranger Construction, explaining that it was to install thermo plastic and the milling of pavement in the amount of $84,443.00. He further explained that the items were being taken from another contractor and assigned to Ranger.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the Ranger Construction change order for the installation of thermo plastic and the milling of pavement in the amount of $84,443.00.

CLUBHOUSE
Clubhouse Management Update

Ms. Sanchez presented an update on recent events that were held at the clubhouse, noting that over 100 residents had attended. Mr. Salvatore discussed membership event rates, suggesting a $300 per adult and $200 per child annual rate to attend events, as well as individual ticket availability at a higher per- event rate. Mr. Salvatore explained that they had researched POS systems and Square seemed to make the most sense, as it charges a flat rate that can be added to credit card purchases. However, Square requires a Social Security number, which Mr. Nelson had offered to provide. Mr. Pawelczyk noted that he would look into the possibility of having Mr. Nelson use his Social Security number and to put this item back on the agenda for discussion at the next meeting. Mr. Salvatore also explained that he would

like to bring in a fitness professional to run classes, as well as a tennis professional, Sergio Sanchez. Patrons can attend fitness classes for $10/class or $100/month. Mr. Lopez suggested that Mr. Salvatore contact another tennis professional for a comparison. Mr. Salvatore noted that they have issued over 100 ID cards to date, and recommended adding an attendant’s desk where residents can complete forms and have their picture taken for the ID card. Following discussion, the Board recommended that he contact the decorator to find a solution, as well as exploring wireless options for the ID card camera.

Consider proposals for Clubhouse Landscaping

Mr. Pierman presented landscape proposals for the clubhouse, noting that the first item was already ordered, due to the need to order plants in time for the holiday season. Mr. Lopez requested Arazoza be contacted for future projects to ensure that the District was getting the best price. Mr. Salvatore noted that the third proposal would not be for the entire amount because plants were being replanted from the sidewalk project.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously passed ratifying the first proposal, No. 40434, and approving the remaining proposals.

Consider Ratification of Avenir Electric Cart Purchase

Mr. Pierman explained that the District had been using an electric cart that belonged to Avenir Development and that Avenir Development would like to sell it to the District. The original cost of the cart was over $27,000, including the wrapping and it is two years old. Mr. Pierman explained that finding a comparable used cart is difficult, but that the dealer from which it was purchased has offered
$13,000 to buy it back, and suggested that the District purchase the cart for $13,000. He further explained that, due to the timing of the insurance renewal, the District has already taken ownership of the cart, but that the Board needs to agree on the purchase price.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously passed ratifying the purchase of the electric cart for the amount of $13,000.

Consider South Florida Select Homes’ Agreement – Sidewalk Installation

Consider South Florida Selection Homes’ Agreement – Shed Installation

Mr. Pierman explained that Mr. O’Brien had begun work on the fitness center sidewalk project and the shed installation, but the District needs to formally engage him in order to complete the work. A proposal will be brought to the next meeting.

ADMINISTRATIVE MATTERS

Mr. Pierman noted that the next meeting would be held on November 14, 2022, and was needed in order to consider the amended budget.

BOARD MEMBER COMMENTS

There were no further Board Member comments.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Lopez, seconded by Ms. Cepero and passed unanimously adjourning the Regular Board Meeting at 1:45 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

CHANGE ORDER NO. 3

Date of Issuance:	October 25, 2022	Effective Date:	October 25, 2022

Owner:	Avenir Community Development District 550 Biltmore Way
Suite 1110
Coral Gables, FL 33134

Owner's Contract No.:

N/A

Contractor:	CENTERLINE, INC.
2180 S.W. Poma Dr.
Palm City, FL 34990

Contractor’s Project No.:

200550

Engineer:	Ballbe & Associates, Inc.	Engineer's
Project No.:

201823

Project:	AVENIR SPINE ROAD PHASE 3	Contract Name:	Construction Contract (Roadway
Improvements)

The Contract is modified as follows upon execution of this Change Order: Description:
Lift station No. 5 additional electrical items

Attachments:
Exhibit “A” – Change Order by Centerline, Inc.

CHANGE IN CONTRACT PRICE

Original Contract Price:
$3,311,730.84	CHANGE IN CONTRACT TIMES

Original Contract Times: Refer to contract Exhibit “E”	

[Increase] [Decrease] form previously approved Change Orders No. 1 to No. _2_:
$870,441.20	
[Increase] [Decrease] form previously approved Change Orders No.	 to No. 	:
None	

Contract Price prior to this Change Order:
$4,182,172.04	
Contract Times prior to this Change Order: Refer to contract Exhibit “E”	

Page 1

Owner	

Contractor	

[Increase] [Decrease] of this Change Order
$24,052.50	
[Increase] [Decrease] of this Change Order None	

Contract Price incorporating this Change Order:
$4,206,224.54	
Contract Times with all the approved Change Orders:

Refer to contract Exhibit “E” Construction Schedule	

RECOMMENDED:

By: 	 Ballbe & Associates, Inc.
Carlos J. Ballbé President

Date: _10/25/2022_	
ACCEPTED:

By: 	 Avenir Community Development District

Date: 		
ACCEPTED:

By: 	 Centerline Inc.
Randy Stringer Vice President

Date: 		

EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 2

EXHIBIT “A”

Page 3

Owner	

Contractor	

<t Centerline, Inc.
2180 SW Poma Drive* Palm City, FL. 34990 * Phone (561) 689.3917 * Fax (561) 689.0017

Date: 9/30/2022
To: Avenir Community Development District

Project: Avenir Spine Road Phase 3, Lift Station No. 5	
Covers the required SUA changes in design between original bid plans and final approved plans. Also includes permitting costs and material cost escalation.	
ItemlVo.	Size	Descriotion	Ot:u	U/M	Unit Cost	Extension	
1		ELECTRICAL DESIGN DRAWINGS (HILLER'S ELECTRIC)	1	LS	$	6,000.00	$	6,000.00	
2		PERMITTING FEES	1	LS	$	437.50	$	437.50	
3		ADD LIGHT POLE & FLOOD LIGHT FIXTURE	1	LS	$	9,733.75	$	9,733.75	
4		ELECTRICAL MATERIAL COST ESCALATION	1	LS	$	7,881.25	$	7 881.25	

							

Total Price:	$	24,052.50	

'

CHANGE ORDER NO. 4

Date of Issuance:	October 25, 2022	Effective Date:	October 25, 2022

Owner:	Avenir Community Development District 2501A Burns Road
Palm	Beach	Gardens,	FL 33410

Owner's Contract No.:

N/A

Contractor:	CENTERLINE, INC.
2180 S.W. Poma Dr.
Palm City, FL 34990

Contractor’s Project No.:

N/A

Engineer:	Ballbe & Associates, Inc.	Engineer's
Project No.:

202021

Project:	AVENIR SPINE ROAD PHASE 4	Contract Name:	Construction Contract (Roadway
Improvements)

The Contract is modified as follows upon execution of this Change Order: Description:
Drainage system revisions Attachments:
Exhibit “A” – Change Order by Centerline Inc.

CHANGE IN CONTRACT PRICE

Original Contract Price:
$7,226,510.47	CHANGE IN CONTRACT TIMES

Original Contract Times: Refer to contract Exhibit “E”	

[Increase] [Decrease] form previously approved Change Orders No. 1  to No. _3	:
$3,700,757.00	
[Increase] [Decrease] form previously approved Change Orders No.	 to No. 	:
None	

Page 1

Owner	

Contractor	

Contract Price prior to this Change Order:
$10,916,151.22	
Contract Times prior to this Change Order: Refer to contract Exhibit “E”	

[Increase] [Decrease] of this Change Order
$11,116.25	
[Increase] [Decrease] of this Change Order None	

Contract Price incorporating this Change Order:
$10,927,267.47	
Contract Times with all the approved Change Orders:
None	

RECOMMENDED:	
ACCEPTED:	
ACCEPTED:

By: 	 Centerline, Inc.
Randy Stringer Vice President

Date: 		

By: 	
Ballbe & Associates, Inc. Carlos J. Ballbé President	By: 	
Avenir Community Development District
Virginia Cepero Chairperson		

Date: _10/25/2022			
	Date: 			

EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 2

EXHIBIT “A”

Page 3

Owner	

Contractor	

Centerline, Inc.
2180 SW Poma Drive,. Palm City, FL. 34990,. Phone (561) 689.3917,.Fax (561) 689.0017

Date:	8/31/2022
To:	Avenir Community Development District
Attn:	Carlos Ballbe
Project:  Avenir Spine Rd Phase 4 - Add Inlet #263 & Connect to Manhole #236
[Based on Revised Plan Sheets 18 & 19, Dated 7@.9/.20:l_:l_	
NOTE: The following proposal is subject to all original Contract notes & qualifications.	
Item No.	Size	Description	Qty	U/M	Unit Cost	Extension	
1		SURVEY LAYOUT & AS-BUILTS	1	LS	$	337.50	$	337.50	
2		DENSITY TESTING	1	LS	$	261.62	$	261.62	
3		TYPE P9 CURB INLET (Contract Unit Rate)	1	EA	$  6,295.72	$	6,295.72	
4		18" RCP STORM PIPE	38	LF	$	64.82	$	2,463.16	
5		MODIFY MANHOLE #236 TO ACCOMMODATE CONNECTION TO NEW INLET	1	LS	$	1,758	25	$	1,758.25	

							

TOTAL:	
$	11,116.25	

.

CONSIDER APPROVAL OF EXPANDED LANDSCAPE MAINTENANCE PROPOSAL

TO BE DISTRIBUTED UNDER SEPARATE COVER

Prepared By: Jennifer Millette Seacoast Utility Authority 4200 Hood Road
PBG, FL 33410

MEMORANDUM OF DEVELOPER AGREEMENT

BY DEVELOPER AGREEMENT dated the 	 day of 	, 2022, by and between AVENIR DEVELOPMENT, LLC.. hereinafter referred to as "Developer" and SEACOAST UTILITY AUTHORITY, hereinafter referred to as "Authority", the parties have entered into an agreement for the provision of water and/or sewer utility service(s) to the property(ies) owned and/or controlled by Developer in Palm Beach County, Florida and described in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property".
In consideration of Authority executing the Developer Agreement, the terms and conditions of which are incorporated herein by reference as though fully set forth herein, Developer has agreed to certain matters, including but not limited to the following:
Developer has agreed to construct certain on-site and off-site water treatment and distribution facilities and sewage collection and disposal facilities and make payment of certain rates, fees and charges to the Authority in accordance with the Authority's Service Code as it may be amended from time to time.
Developer has granted Authority the exclusive right to provide water and sewer service to the Property and will grant to or procure for the Authority all necessary on-site and off-site easements, rights-of-way, rights of ingress and egress to any part of the property for the operation of the Authority's utility facilities. In the event Developer fails to deliver any easements required by Authority, upon the Authority's election, this Developer Agreement shall serve as the Authority's authorization to substitute the Developer Agreement as a recorded easement sufficient for the Authority's needs.
The Developer Agreement and this Memorandum of Developer Agreement are binding upon Developer and its respective assigns and successors by merger, consolidation, conveyance or otherwise which shall be subject to the terms and conditions of the Developer Agreement and this Memorandum of Developer Agreement, including but not limited to any allocation of hydraulic share and escalation of rates, fees and charges. In the event of a conflict between the terms of this Memorandum of Developer Agreement and the terms of the Developer Agreement, the terms of the Developer Agreement shall control. The rights and obligations of any assigns and successors of Developer can be determined by a review of the complete Developer Agreement and a copy of which can be obtained at the address of the Authority as listed below.

IN WITNESS WHEREOF, this Memorandum of Developer Agreement was executed this
	day of 	, 2022.

SEACOAST UTILITY AUTHORITY
4200 Hood Road
Palm Beach Gardens, Florida 33410

By: 		 Joseph Lo Bello, Chair

Attest: 	 Jessica Moore, Authority Clerk
STATE OF FLORIDA	) COUNTY OF PALM BEACH )

The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization this   day of 	, 2022, by Joseph Lo Bello, and Jessica Moore, Chair and Authority Clerk, respectively of Seacoast Utility Authority, who are both personally known to me.

Notary Signature

Print Name
Notary Public - State of Florida Commission No.
My Commission Expires:

WITNESSES:	DEVELOPER:

AVENIR DEVELOPMENT, LLC

By: 		 Manual M. Mato, President

STATE OF 	 COUNTY OF

The foregoing instrument was acknowledged before me by means of ☐ physical presence

or ☐ online notarization, this

day of

	, by on behalf of such

corporation. The above-named individual is ☐ personally known to me or ☐ has produced
	as identification.

Notary Signature

Print Name
Notary Public - State of Florida Commission No.
My Commission Expires:

JOINDER AND CONSENT OF PROPERTY OWNER
(If other than Developer)

WITNESSES:	PROPERTY OWNER:

STATE OF 	 COUNTY OF

The foregoing instrument was acknowledged before me by means of ☐ physical presence

or ☐ online notarization, this

day of

	, by on behalf of such

corporation. The above-named individual is ☐ personally known to me or ☐ has produced
	as identification.

Notary Signature

Print Name
Notary Public - State of Florida Commission No.
My Commission Expires:

MORTGAGEE JOINDER AND CONSENT

WITNESSES:	MORTGAGEE:

STATE OF 		 COUNTY OF 	

The foregoing instrument was acknowledged before me by means of ☐ physical presence

or ☐ online notarization, this 	

day of

	, by on behalf of such

corporation. The above-named individual is ☐ personally known to me or ☐ has produced
	as identification.

Notary Signature

Print Name
Notary Public - State of Florida Commission No.
My Commission Expires:

PROPERTY DESCRIPTION
A PORTION OF PARCEL "A-3", AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A-3, AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID PARCEL A-3, AVENIR, NORTH 86° 54' 02" EAST, A DISTANCE OF 52.25 FEET; THENCE ALONG SAID SOUTH LINE, NORTH 86° 53' 53" EAST, A DISTANCE OF 87.77 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 47°19'57" WEST, A DISTANCE OF 118.63 FEET; THENCE CONTINUE NORTH 47°19'57" WEST, A DISTANCE OF 20.88 FEET TO A LINE BEING 40.00' EAST OF AND PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF COCONUT BOULEVARD (TRACT R2); THENCE ALONG SAID PARALLEL LINE, NORTH 01° 33' 47" WEST, A DISTANCE OF 466.72 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13° 04' 58", HAVING A RADIUS OF 1500.00 FEET, HAVING AN ARC DISTANCE OF 342.50 FEET, AND WHOSE LONG CHORD BEARS NORTH 08° 06' 15" WEST FOR A DISTANCE OF 341.76 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 05° 52' 32", HAVING A RADIUS OF 1500.00 FEET, HAVING AN ARC DISTANCE OF 153.82 FEET, AND WHOSE LONG CHORD BEARS NORTH 17° 35' 00" WEST FOR A DISTANCE OF 153.75 FEET; THENCE NORTH 20°31'16" WEST, A DISTANCE OF 56.64 FEET; THENCE, SOUTH 49° 41' 04" EAST, A DISTANCE OF 103.97 FEET; THENCE NORTH 80°00'00" EAST, A DISTANCE OF 138.08 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 80° 00' 08", HAVING A RADIUS OF 89.00 FEET, HAVING AN ARC DISTANCE OF 124.27 FEET, AND WHOSE LONG CHORD BEARS NORTH 39° 59' 56" EAST FOR A DISTANCE OF 114.42 FEET; THENCE NORTH 00°00'08" WEST, A DISTANCE OF 156.46 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90° 00' 08", HAVING A RADIUS OF 136.00 FEET, HAVING AN ARC DISTANCE OF 213.63 FEET, AND WHOSE LONG CHORD BEARS NORTH 44° 59' 56" EAST FOR A DISTANCE OF 192.34 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 1143.90 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90° 00' 00", HAVING A RADIUS OF 64.00 FEET, HAVING AN ARC DISTANCE OF 100.53 FEET, AND WHOSE LONG CHORD BEARS NORTH 45° 00' 00" EAST FOR A DISTANCE OF 90.51 FEET; THENCE, NORTH 00° 00' 00" WEST, A DISTANCE OF 396.85 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 28° 42' 10", HAVING A RADIUS OF 261.00 FEET, HAVING AN ARC DISTANCE OF 130.75 FEET, AND WHOSE LONG CHORD BEARS NORTH 14° 21' 04" EAST FOR A DISTANCE OF 129.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 12° 34' 34", HAVING A RADIUS OF 400.00 FEET, HAVING AN ARC DISTANCE OF
87.80 FEET, AND WHOSE LONG CHORD BEARS SOUTH 81° 04' 19" EAST FOR A DISTANCE OF 87.62 FEET TO THE WEST LINE OF AVENIR SITE PLAN 1 - POD 1 PLAT, AS RECORDED IN PLAT BOOK 128, PAGE 35 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, SOUTH 00° 00' 00" EAST, A DISTANCE OF 129.01 FEET; THENCE, NORTH 90° 00' 00" WEST, A DISTANCE OF 54.63 FEET; THENCE, SOUTH 00° 00' 00" EAST, A DISTANCE OF 379.60 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 62° 25' 55", HAVING A RADIUS OF 128.00 FEET, HAVING AN ARC DISTANCE OF 139.47 FEET, AND WHOSE LONG CHORD BEARS SOUTH 31° 12' 57" WEST FOR A DISTANCE OF 132.68 FEET; THENCE, SOUTH 15° 23' 37" EAST, A DISTANCE OF 27.21 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 15° 23' 37", HAVING A RADIUS OF 117.00 FEET, HAVING AN ARC DISTANCE OF 31.43 FEET, AND WHOSE LONG CHORD BEARS SOUTH 07° 41' 49" EAST FOR A DISTANCE OF 31.34 FEET; THENCE, SOUTH 00° 00' 00" EAST, A
DISTANCE OF 1164.68 FEET; THENCE SOUTH 86° 08' 53" WEST, A DISTANCE OF 54.12 FEET; THENCE, NORTH 00° 00' 00" EAST, A DISTANCE OF 1168.31 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 15° 23' 37", HAVING A RADIUS OF 63.00 FEET, HAVING AN ARC DISTANCE OF 16.93 FEET, AND WHOSE LONG CHORD BEARS NORTH 07° 41' 49" WEST FOR A DISTANCE OF 16.88 FEET; THENCE NORTH 15°23'37" WEST, A DISTANCE OF 27.00 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 1151.13 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90° 00' 08", HAVING A RADIUS OF 72.00 FEET, HAVING AN
ARC DISTANCE OF 113.10 FEET, AND WHOSE LONG CHORD BEARS SOUTH 44° 59' 56" WEST FOR A DISTANCE OF 101.83 FEET; THENCE SOUTH 00°00'08" EAST, A DISTANCE OF 156.46 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 80° 00' 08", HAVING A RADIUS OF 153.00 FEET, HAVING AN ARC DISTANCE OF 213.63 FEET, AND WHOSE
LONG CHORD BEARS SOUTH 39° 59' 56" WEST FOR A DISTANCE OF 196.70 FEET; THENCE SOUTH 80°00'00" WEST, A DISTANCE OF 128.22 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 18.35 FEET; THENCE SOUTH 32°41'02" WEST, A DISTANCE OF 62.59 FEET TO THE POINT OF BEGINNING.A PORTION OF PARCEL "A-3", AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT "A"

COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A-3, AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID PARCEL A-3, AVENIR, NORTH 86° 54' 02" EAST, A DISTANCE OF 52.25 FEET; THENCE ALONG SAID SOUTH LINE, NORTH 86° 53' 53" EAST, A DISTANCE OF 87.77 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 47°19'57" WEST, A DISTANCE OF 118.63 FEET; THENCE CONTINUE NORTH 47°19'57" WEST, A DISTANCE OF 20.88 FEET TO A LINE BEING 40.00' EAST OF AND PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF COCONUT BOULEVARD (TRACT R2); THENCE ALONG SAID PARALLEL LINE, NORTH 01° 33' 47" WEST, A DISTANCE OF 466.72 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13° 04' 58", HAVING A RADIUS OF 1500.00 FEET, HAVING AN ARC DISTANCE OF 342.50 FEET, AND WHOSE LONG CHORD BEARS NORTH 08° 06' 15" WEST FOR A DISTANCE OF 341.76 FEET; THENCE NORTH 32°41'02" EAST, A DISTANCE OF 62.59 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 18.35 FEET; THENCE NORTH 80°00'00" EAST, A DISTANCE OF 128.22 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 80° 00' 08", HAVING A RADIUS OF 153.00 FEET, HAVING AN ARC DISTANCE OF 213.63 FEET, AND WHOSE LONG CHORD BEARS NORTH 39° 59' 56" EAST FOR A DISTANCE OF 196.70 FEET; THENCE NORTH 00°00'08" WEST, A DISTANCE OF 156.46 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90° 00' 08", HAVING A RADIUS OF 72.00 FEET, HAVING AN ARC DISTANCE OF 113.10 FEET, AND WHOSE LONG CHORD BEARS NORTH 44° 59' 56" EAST FOR A DISTANCE OF 101.83 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 530.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 1066.62 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 1.74 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 176.58 FEET; THENCE SOUTH 86°53'53" WEST, A DISTANCE OF 90.13 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 234.45 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 11.74 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 1013.62 FEET TO THE POINT OF BEGINNING

EXHIBIT "A"

DEVELOPER AGREEMENT
THIS AGREEMENT made and entered by date last signed 	 day of 	 , 2022 by and between AVENIR DEVELOPMENT, LLC hereinafter referred to as "Developer", and SEACOAST UTILITY AUTHORITY, hereinafter referred to as "Authority".
WHEREAS, Developer owns or controls lands located in Palm Beach County, Florida, and described in Exhibit "A", attached hereto and made a part hereof as if fully set out in this paragraph and hereinafter referred to as the "Property", and Developer intends to develop the Property by constructing improvements thereon, hereinafter referred to as the “Development”; and
WHEREAS, Developer desires that the Authority provide central water distribution and sewage collection service for Developer's Property herein described; and
WHEREAS, the Authority is willing to provide, in accordance with the provisions of this Agreement and Authority's prevailing Service Code, central water and sewer services to the Property and thereafter operate applicable facilities so that the occupants of the improvements on the Property will receive an adequate water supply and sewage collection and disposal service from Authority;
NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, Developer and Authority hereby covenant and agree as follows:
The foregoing statements are true and correct.
Developer agrees to strictly adhere to Authority's prevailing Service Code and all other directives of the Authority's Governing Board.
Assurance of Title - At the time of execution of this Agreement, the Developer agrees to deliver to Authority a copy of a Title Insurance Policy, or an opinion of title from a qualified attorney-at-law addressed to the Authority in a form and substance satisfactory to Authority with respect to the Property, which opinion shall include a current report on the status of the title, setting out the name of the legal title holders, the outstanding mortgages, taxes, liens and covenants. The provisions of this paragraph are for the purpose of evidencing Developer's legal right to grant the exclusive rights of service contained in this Agreement.
Fees - To induce Authority to provide water and sewer service to the Property, Developer hereby agrees to pay to Authority the following fees:

Nathan Nason
2017-06-21 17:29:00
--------------------------------------------
Let’s use our terminology “Connection Charges”.                   That terminology appears throughout the document and I don’t see a reason to change it. I know the County calls their charges “Capacity Fees” but I don’t see a good reason to make that a wholesale change.

Connection Charges- Payment for the allocable portion of water treatment plant, sewage treatment plant, master water transmission lines and master pumping stations and sewage force mains as described in Exhibit "B”. If service to the Property is contemplated to be made through a bulk service agreement between the Authority and Palm Beach County, as may be amended from time to time (the “County Bulk Service Agreement”), the Developer shall pay the Connection Charges, sometimes called “Capacity Fees”, associated with purchasing the next increment of capacity under the County Bulk Service Agreement necessary to serve the Development. If Developer pays for more capacity than is necessary to serve the Development upon buildout due to the minimum permissible increments of capacity that can be reserved under the County Bulk Sale Agreement, then the excess capacity purchased by Developer shall then be sold to the next developer or developers reserving capacity under the County Bulk Service Agreement, to the extent of such developer’s needs, and Developer shall be refunded the cost of

purchasing such excess capacity, when and as other developers reserve and pay for that capacity.
Administrative Fee - Payment to defray the cost of document preparation, plan review, inspection and engineering coordination. This fee shall be paid to the Authority at the time plans are submitted for review. No portion of this fee shall be refundable.
Payment of the connection charges does not and will not result in Authority waiving any of its rates or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by Developer making payment of same. Authority shall not be obligated to refund to Developer any portion of the value of the connection charges for any reason whatsoever, except for that which may be provided for in Exhibit "B", nor shall Authority pay any interest or rate of interest upon the connection charges paid.
Neither Developer nor any person or other entity holding any of the Property by, through or under Developer, or otherwise, shall have any present or future right, title, claim or interest in and to the connection charges paid or to any of the water or sewer facilities and properties of Authority, and all prohibitions applicable to Developer with respect to no refund of connection charges, no interest payment on said connection charges and otherwise, are applicable to all persons or entities, except for that which may be provided in Exhibit "B".
Any user or consumer of water or sewer service shall not be entitled to offset any bill or bills rendered by Authority for such service or services against the connection charges paid. Developer shall not be entitled to offset the connection charges against any claim or claims of Authority, including claims for breach of contract, damages or charges of the like of Authority.
Payment - Developer shall pay connection charges for 100% of the capacity reserved at the time of execution of the developer agreement. This payment may be for the entire project or for specific phases, however capacity shall only be reserved for that portion for which connection charges have been paid. In the event Developer elects to pay connection charges in phases, he shall pay such connection charges as stated above for each phase prior to the commencement of each such phase.
Equivalent Residential Connections Reserved - The parties agree that the capacity needed to provide service to the Development for water supply and wastewater removal is set forth on Exhibit “B”. Developer agrees that the overall water and wastewater capacity demand for the Development will not exceed the number of ERCs reserved hereby.
On-Site Installation - To induce Authority to provide the water treatment and sewage collection and disposal facilities, and to continuously provide consumers located on the Property with water and sewer services, unless otherwise provided for herein, Developer hereby covenants and agrees to construct and to transfer ownership and control to Authority, the on-site water distribution and sewage collection systems represented in Exhibit "C" herein. The term "on-site water distribution and sewage collection systems" means and includes all water distribution and supply mains, lines and pipes, and related facilities, and sewage collection lines, facilities and equipment, including pumping stations, constructed within the boundaries of Developer's property adequate in size to serve each lot or unit with the property or as otherwise required by Authority, which are referred to in Exhibit "C" hereof and will be dedicated by Developer to Authority. Water mains shall be designed and constructed in accordance with Authority standards and of sufficient capacity to provide minimum flow required by NFPA 13 Section 18.4, as amended from time to time. The developer shall cause approved automatic fire sprinkler systems, separate from domestic water meter, to be installed for each individual residence exceeding 4,999 square foot of total

building area, or as may be otherwise dictated by applicable laws and regulations, as amended from time to time.
Upon completion of construction, Developer's engineer of record shall submit to Authority all proper documentation as described in Authority's Developer Procedures and Construction Standards and Specifications. Developer understands and agrees that Authority will withhold service to the property until all items are received and found to be acceptable to Authority.
By these presents, Developer hereby covenants to transfer to Authority title to all water distribution and sewage collection systems installed by Developer or Developer's contractor represented in Exhibit "C" of this Agreement dealing with those sanitary collection and potable water supply facilities that will be transferred from Developer to Authority, pursuant to the provisions of this Agreement. Such conveyance shall take effect at the time Authority issues its final letter of acceptance. Developer agrees to warrant and/or guaranty all utility facilities being dedicated to Authority against faulty workmanship and defective materials for a period of one (1) year from the date of Authority's final letter of acceptance. Developer covenants to indemnify and save harmless the Authority for any loss, damages, costs, claims, suits, debts or demands by reason of defects in the systems for a period of one year from the date of the final letter of acceptance by the Authority.
Authority agrees that the issuance of the final letter of acceptance for the water distribution and sewage collection systems installed by Developer shall constitute the assumption of responsibility by Authority for the continuous operation and maintenance of such systems from that date forward, subject to the terms and conditions contained herein. Developer understands and agrees that the Authority shall assume ownership and responsibility for facilities only up to the point of service as defined by the Authority. Developer agrees to pay all costs associated with adjusting or relocating facilities herein dedicated to Authority during and after the warranty period when such adjustments or relocations are caused by changes initiated by Developer or his successors and assigns.
In the event that Authority, for whatever reason, does not take possession, ownership and control of on-site facilities constructed by the Developer, and provides master metered service to the Developer for the use of several customers within the on-site facilities, the Developer shall be required to maintain water quality at each individual outlet which is in compliance with all drinking water standards promulgated by the Florida Department of Environmental Protection and Palm Beach County Health Department. At no time shall such water quality standards be required to be in excess of those attained at Authority's point of delivery to the master meter.
Off-Site Installation - Developer may be required to construct or improve, at his sole expense, certain off-site water and/or sewer facilities, if necessary, in order to connect Developer's on-site facilities to Authority's existing water and/or sewer systems. All provisions in Section 8 above, entitled On-Site Installation, pertaining to specifications, plans, permits and approvals shall also be applicable to all off-site water and sewer facilities construction. If applicable, such off-site facilities to be dedicated to the Authority shall be shown on Exhibit “B”.
Easements - Developer hereby grants and gives to Authority, its successors and assigns, but subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain or operate the water and sewer facilities to serve the Property; and the exclusive right or privilege to construct, own, maintain, alter, replace and operate said facilities in, under, upon, over and across the present and future streets, roads, alleys, easements, reserved utility strips and utility sites, and any public place as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants which are independent of said record plats. Developer agrees to utilize Authority's standard form of easement deed and to provide title insurance as described in Authority's Developer Procedures for all on-site and off-site easements. Developer shall obtain any and all necessary off-site easements that may be required in order to carry out the terms, conditions

and intent hereof, at Developer's expense, and shall convey same to Authority in accordance with this paragraph. Mortgagees, if any, holding prior liens on the Property shall be required to release such liens, subordinate their position or join in the grant or dedication of the easements or rights-of- way, or give to Authority assurance by way of a "non-disturbance agreement", that in the event of foreclosure, mortgagee would continue to recognize the easement rights of Authority, and not extinguish the Authority's easement rights. All water distribution and sewage collection facilities, save and except consumer installations, shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes.
Developer hereby further agrees that the foregoing grants or promises of grants include the necessary right of ingress and egress to any part of the property upon which Authority is constructing or operating such facilities; that the foregoing grants shall be for such period of time as Authority or its successors or assigns require such rights, privileges or easements in the construction, ownership, maintenance, operation or expansion of the water and sewer facilities, that in the event Developer and Authority agree that Authority is to install any of its water or sewer facilities in lands within the Property lying outside the streets and easement areas described above, then Developer or the owners shall grant to Authority, without cost or expense to Authority, the necessary easement or easements for such "private property" installations. Authority covenants that it will use due diligence in ascertaining all easement locations; however, should Authority install any of its facilities outside a dedicated easement area, Authority will not be required to move or relocate any facilities lying outside a dedicated easement area, so long as the facilities do not interfere with the then or proposed use of the area in which the facilities have been installed. The use of easements granted by Developer to Authority shall preclude the use by other utilities of these easements, such as for cable television, telephone, electric or gas utilities, unless otherwise agreed to in writing by Authority.
In the event Developer fails to actually deliver such easement, upon the Authority's election, this document shall serve as Authority's authorization to substitute this Agreement as a recorded easement sufficient for Authority's needs.
Developer hereby affirms that, to the best of Developer's knowledge and belief, all properties within which water and/or sewer facilities are to be constructed are free of soil and ground water contamination. Developer hereby indemnifies and holds Authority harmless for all claims and damages resulting from such contamination, whether existing before development began or occurring during or after development.
Agreement to Serve - Upon the completion of construction of the on-site and off-site water and sewer facilities required hereunder by Developer, its inspection, the issuance of the final letter of acceptance by Authority, and when all appropriate governmental agency approvals have been received, and when utility systems are in compliance with Authority's Service Code, and the other terms of this Agreement, Authority covenants and agrees that it will connect or oversee the connection of the water distribution and sewage collection facilities installed by Developer to the central facilities of Authority in accordance with the terms and intent of this Agreement. Such connection shall at all times be in accordance with rules, regulations and orders of the applicable governmental authorities. Authority agrees that once it provides water and sewer service to the Property and Developer or others have connected consumer installations to its system, that thereafter Authority will continuously provide, at its cost and expense, but in accordance with other provisions of this Agreement, including rules and regulations and rate schedules, water and sewer service to the Property in a manner to conform with all requirements of the applicable governmental authority having jurisdiction over the operations of Authority.
Exclusive Right to Provide Service - Developer, as a further and essential consideration of this Agreement, agrees that Developer, or the successors and assigns of Developer, shall not (the

words "shall not" being used in a mandatory definition) engage in the business or businesses of providing potable water and sewer services to the Property during the period of time Authority, its successors and assigns, provide water and sewer services to the Property, it being the intention of the parties hereto that under the foregoing provision and also other provisions of this Agreement, Authority shall have the sole and exclusive right and privilege to provide water and sewer services to the Property and to the occupants of such residence, building or unit constructed thereon, except for the providing by Developer, from its own sources and lines, of water for irrigation uses.
Rates - Authority agrees that the rates to be charged to Developer and individual consumers of water and sewer services shall be those set forth in the Service Policies of Authority. However, notwithstanding any provision of this Agreement, Authority, its successors and assigns, may establish, amend or revise, from time to time in the future, and enforce rates or rate schedules so established and enforced. Authority shall also be permitted to establish rates and charges for customers served through the County Bulk Sale Agreement that differ from those charged to Authority customers being served through Authority-owned capacity, provided said rates and charges are fair and equitable.
Notwithstanding any provision in this Agreement, Authority may establish, amend or revise, from time to time in the future, and enforce rules and regulations covering water and sewer services to the Property, including the Authority's Service Code. In the event of a conflict of the provisions of this Agreement, such rules and regulations shall control.
Any such initial or future increased rates, rate schedules, and rules and regulations established, amended or revised and enforced by Authority from time to time in the future, as provided by law, shall be binding upon Developer; upon any person or other entity holding by, through or under Developer; and upon any user or consumer of the water and sewer services provided to the Property by Authority.
Binding Effect of Agreement - This Agreement shall be binding upon and shall inure to the benefit of Developer, Authority and their respective assigns and successors by merger, consolidation, conveyance or otherwise subject to the terms and conditions of this Agreement as contained herein. Developer understands and agrees that capacity reserved hereunder cannot and shall not be assigned by Developer to Third Parties, except in the case of a bona fide sale of Developer's Property, or other valid transfer or assignment of Property, including, without limitation, the transfer or assignment of the Property as a result of a judicial proceeding such as mortgage foreclosure or sale, and assignment for the purposes of obtaining financing. In any such case, the Developer shall provide a Notice or evidence of such assignment, or partial assignment as the case may be, to Authority. Nothing herein shall preclude sales of individual units and assignment of rights of water and sewer service pertaining thereto.
Notice - Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail, facsimile, or by telegram, and if to Developer, shall be mailed or delivered to Developer at:
AVENIR DEVELOPMENT, LLC
550 Biltmore Way, Suite 1110 Coral Gables, FL 33134
Attention: Manual M. Mato, President

and to Authority, at:
SEACOAST UTILITY AUTHORITY
4200 Hood Road
Palm Beach Gardens, FL 33410

Attention: Engineering Services Specialist
Laws of Florida - Regardless of where executed, this Agreement shall be governed by the laws of the State of Florida. Notwithstanding contrary principles of conflicts of law, if any, and it shall be and become effective immediately upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authorities, if applicable.
Costs and Attorney's Fees - In the event the Authority or Developer are required to enforce this Agreement by Court proceedings or otherwise, by instituting suit or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorney's fees.
Force Majeure - In the event that the performance of this Agreement by Authority is prevented or interrupted in consequence of any cause beyond the control of Authority, including, but not limited to, Acts of God or of the public enemy, war, national emergency, allocation of or other governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot, racial or civil rights disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, any and all governmental rules or acts or orders or restrictions or regulations or requirements, acts or action of any government or public or governmental authority or commission or board or agency or agent or official or officer, the enactment of any statute or ordinance or resolution or regulation by governmental entities having jurisdiction over the operation of Authority or otherwise having valid legal jurisdiction, excluding any acts or rules or regulations adopted by Authority, or rule or ruling or order, order or decree or judgment or restraining order or injunction of any court, said party shall not be liable for such non-performance.
Indemnification - Developer agrees to indemnify and hold Authority harmless from and against any and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees) to which Authority may become subject by reason of or arising out of Developer's breach or non- performance of this Agreement. This indemnification provision shall survive the actual connection to Authority's water and sewer systems.

MISCELLANEOUS PROVISIONS
Recordation of Agreement - Upon completion of execution of this Agreement by Developer and Authority, Authority shall cause a Memorandum of Agreement to be recorded with the Clerk of the Circuit Court of Palm Beach County.
The rights, privileges, obligations and covenants of Developer and Authority shall survive the completion of the work of Developer with respect to completing the facilities and services to any development phase and to the Property as a whole.
This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect between Developer and Authority, made with respect to the matters herein contained, and when duly executed, fully constitutes the agreement between Developer and Authority. No additions, alterations or variations of the terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waivers are expressed in writing and duly signed by all signatories herein.
In the event that Developer does not move forward with development of the Property, or development on any parcel of the Property if the Property consists of multiple parcels, within twelve

(12) months from the date of this Agreement, this agreement shall become null and void. Authority shall not be required to return any fees or charges previously paid to Authority.
Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others.
Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed.
The submission of this Developer Agreement for examination by Developer does not constitute an offer, but becomes effective only upon execution thereof by Authority.
Notwithstanding the gallonage calculations that could be made hereunder relative to ERCs, by an execution hereof, Developer agrees that the intention of this agreement is to reserve a given number of units of capacity for the Property described in Exhibit "A" and not for purposes of any other calculations.
It is agreed by and between the parties hereto that all words, terms and conditions contained herein are to be read in concert, each with the other, and that a provision contained under one heading may be considered to be equally applicable under another in the interpretation of this Agreement.
The parties hereto recognize that prior to the time Authority may actually commence upon a program to carry out the terms and conditions of this Agreement, Authority may be required to obtain approval from various state and local governmental authorities having jurisdiction and regulatory power over the construction, maintenance and operation of Authority. The Authority agrees that it will diligently and earnestly, at Developer's sole cost and expense, make the necessary and proper applications to all governmental authorities and will pursue the same to the end and that it will use its best efforts to obtain such approval. Developer, at his own cost and expense, agrees to provide necessary assistance to Authority in obtaining the approvals provided for herein. Upon execution of this Agreement, Authority may require the payment of a reasonable fee to defray Authority's legal, engineering, account, administrative and contingent expenses.
In order to ensure that Authority has a suitable location to station personnel and store equipment and materials to serve the Development, all usable soils displaced by the water and sewer infrastructure installation of this project shall be placed at a location acceptable to the Authority.
In the event that the Authority requires that relocation or improvement of existing water and sewer utilities are necessary for the Developer's property, Developer will bear the cost in full for such improvements or relocations.
Failure to insist upon strict compliance of any of the terms, covenants or conditions herein shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times.
Authority shall, at all reasonable times and hours, have the right of inspection of Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the Developer.
This Agreement is binding on the successors and assigns of the parties hereto.

There shall be no liability whatsoever on Authority for failure to deliver water and/or sewer service to Developer according to Developer's needs or schedules. This Agreement constitutes a promise of good faith and not a timetable for delivery of utility services.
Developer and its successors and assigns shall be responsible for the cost, including any additional capacity fees the Authority may incur, for water during and after construction utilized for flushing, testing, and maintaining chlorine residuals to ensure that there are sufficient and ongoing sustainable flows within the mains to maintain sufficient chlorine residuals to meet drinking water standards throughout the projects distribution system.
Unless otherwise approved in writing by the Authority, potable water shall be used to irrigate all turf and landscaping within the Property, including lot irrigation. The Developer may propose, as an alternative, potable water system flushing infrastructure to be operated by the Authority, but for which Developer, successors and assigns shall pay all operational expenses, including but not limited to charges for water used for flushing.
Each party hereby agrees to grant such further assurances and provide such additional documents as may be reasonably required, each by the other, in order to carry out the terms, conditions and comply with the express intention of this Agreement.

IN WITNESS WHEREOF, Developer and Authority have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement.

AUTHORITY:
SEACOAST UTILITY AUTHORITY
By: 		 Joseph Lo Bello, Chair

Attest: 		 Jessica Moore, Authority Clerk

STATE OF FLORIDA COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of □ physical presence or
□ online notarization this  day of 	, 2022, by Joseph Lo Bello, and Jessica Moore, Chair and Authority Clerk, respectively of Seacoast Utility Authority, who are both personally known to me.

Notary Signature

Print Name
Notary Public - State of Florida Commission No:
My Commission Expires:

WITNESSES:	DEVELOPER:

AVENIR DEVELOPMENT, LLC

Witness Signature
By: 	 Manual M. Mato, President

Witness Signature

STATE OF 	 COUNTY OF	

The foregoing instrument was acknowledged before me by means of ☐ physical presence or
online notarization, this 	 day of 			, by on behalf of such corporation. The	above-named	individual	is	☐	personally	known		to	me	or	☐	has	produced
	as identification.

Notary Signature

Print Name
Notary Public - State of Florida Commission No:
My Commission Expires:

JOINDER AND CONSENT OF PROPERTY OWNER
(If other than the Developer)

WITNESSES:	PROPERTY OWNER:

STATE OF 	 COUNTY OF 	

The foregoing instrument was acknowledged before me by means of ☐ physical presence or
online notarization, this 	 day of 			, by on behalf of such corporation. The	above-named	individual	is	☐	personally	known		to	me	or	☐	has	produced
	as identification.

Notary Signature

Print Name
Notary Public - State of Florida Commission No:
My Commission Expires:

MORTGAGEE JOINDER AND CONSENT
The undersigned Mortgagee does hereby join in and consent to this Developer Agreement for the purpose of acknowledging and agreeing that its mortgage, which is recorded in Official Record Book   , Page   , of the Public Records of Palm Beach County, Florida shall be subordinated to the obligations, covenants and conditions contained in the Developer Agreement and that the obligations, covenants and conditions contained in the Developer Agreement shall not be subject to extinguishment by foreclosure.
IN WITNESS WHEREOF, 	
has caused these presents to be executed in its name this 	day of 	, 2022. WITNESSES:
Signed, sealed and delivered In the presence of:

Witness Signature

Print Name

Witness Signature

Print Name

STATE OF 	 COUNTY OF	

The foregoing instrument was acknowledged before me by means of ☐ physical presence

or ☐ online notarization, this 	

day of

	, by on behalf of such

corporation.  The above-named individual is ☐ personally known to me or ☐ has produced
	as identification.
WITNESS my hand and official seal in the County and State aforesaid this
	day of 	, 2022.

Notary Signature

Print Name
Notary Public - State of Florida Commission No:
My Commission Expires:

PROPERTY DESCRIPTION
A PORTION OF PARCEL "A-3", AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A-3, AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID PARCEL A-3, AVENIR, NORTH 86° 54' 02" EAST, A DISTANCE OF 52.25 FEET; THENCE ALONG SAID SOUTH LINE, NORTH 86° 53' 53" EAST, A DISTANCE OF 87.77 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 47°19'57" WEST, A DISTANCE OF
118.63 FEET; THENCE CONTINUE NORTH 47°19'57" WEST, A DISTANCE OF 20.88 FEET TO A LINE BEING 40.00' EAST OF AND PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF COCONUT BOULEVARD (TRACT R2); THENCE ALONG SAID PARALLEL LINE, NORTH 01° 33' 47" WEST, A DISTANCE OF 466.72 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13° 04' 58", HAVING A RADIUS OF 1500.00 FEET, HAVING AN ARC DISTANCE OF 342.50 FEET, AND WHOSE LONG CHORD BEARS NORTH 08° 06' 15" WEST FOR A DISTANCE OF 341.76 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 05° 52' 32", HAVING A RADIUS OF 1500.00 FEET, HAVING AN ARC DISTANCE OF
153.82 FEET, AND WHOSE LONG CHORD BEARS NORTH 17° 35' 00" WEST FOR A DISTANCE OF 153.75 FEET; THENCE NORTH 20°31'16" WEST, A DISTANCE OF 56.64 FEET; THENCE, SOUTH 49° 41' 04" EAST, A DISTANCE OF 103.97 FEET; THENCE NORTH 80°00'00" EAST, A DISTANCE OF 138.08 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 80° 00' 08", HAVING A RADIUS OF 89.00 FEET, HAVING AN ARC DISTANCE OF 124.27 FEET, AND WHOSE LONG CHORD BEARS NORTH 39° 59' 56" EAST FOR A DISTANCE OF 114.42 FEET; THENCE NORTH 00°00'08" WEST, A DISTANCE OF 156.46 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90° 00' 08", HAVING A RADIUS OF 136.00 FEET, HAVING AN ARC DISTANCE OF 213.63 FEET, AND WHOSE LONG CHORD BEARS NORTH 44° 59' 56" EAST FOR A DISTANCE OF 192.34 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 1143.90 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90° 00' 00", HAVING A RADIUS OF 64.00 FEET, HAVING AN ARC DISTANCE OF 100.53 FEET, AND WHOSE LONG CHORD BEARS NORTH 45° 00' 00" EAST FOR A DISTANCE OF 90.51 FEET; THENCE, NORTH 00° 00' 00" WEST, A DISTANCE OF 396.85 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 28° 42' 10", HAVING A RADIUS OF 261.00 FEET, HAVING AN ARC DISTANCE OF 130.75 FEET, AND WHOSE LONG CHORD BEARS NORTH 14° 21' 04" EAST FOR A DISTANCE OF 129.39 FEET TO THE BEGINNING OF A NON- TANGENT CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 12° 34' 34", HAVING A RADIUS OF
400.00 FEET, HAVING AN ARC DISTANCE OF 87.80 FEET, AND WHOSE LONG CHORD BEARS SOUTH
81° 04' 19" EAST FOR A DISTANCE OF 87.62 FEET TO THE WEST LINE OF AVENIR SITE PLAN 1 - POD 1 PLAT, AS RECORDED IN PLAT BOOK 128, PAGE 35 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, SOUTH 00° 00' 00" EAST, A DISTANCE OF 129.01 FEET; THENCE, NORTH 90° 00' 00" WEST, A DISTANCE OF 54.63 FEET; THENCE, SOUTH 00° 00' 00" EAST, A DISTANCE OF
379.60 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 62°
25' 55", HAVING A RADIUS OF 128.00 FEET, HAVING AN ARC DISTANCE OF 139.47 FEET, AND WHOSE LONG CHORD BEARS SOUTH 31° 12' 57" WEST FOR A DISTANCE OF 132.68 FEET; THENCE, SOUTH 15° 23' 37" EAST, A DISTANCE OF 27.21 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 15° 23' 37", HAVING A RADIUS OF 117.00 FEET, HAVING AN ARC DISTANCE OF 31.43 FEET, AND WHOSE LONG CHORD BEARS SOUTH 07° 41' 49" EAST FOR A DISTANCE OF 31.34 FEET; THENCE, SOUTH 00° 00' 00" EAST, A DISTANCE OF 1164.68 FEET; THENCE SOUTH 86° 08' 53" WEST, A DISTANCE OF 54.12 FEET; THENCE, NORTH 00° 00' 00" EAST, A DISTANCE OF 1168.31 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 15° 23' 37", HAVING A RADIUS OF 63.00 FEET, HAVING AN ARC DISTANCE OF 16.93 FEET, AND WHOSE LONG CHORD BEARS NORTH 07° 41' 49" WEST FOR A DISTANCE OF 16.88 FEET; THENCE NORTH 15°23'37" WEST, A DISTANCE OF 27.00 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 1151.13 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90° 00' 08", HAVING A RADIUS OF 72.00 FEET, HAVING AN

EXHIBIT "A"

ARC DISTANCE OF 113.10 FEET, AND WHOSE LONG CHORD BEARS SOUTH 44° 59' 56" WEST FOR A DISTANCE OF 101.83 FEET; THENCE SOUTH 00°00'08" EAST, A DISTANCE OF 156.46 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 80° 00' 08", HAVING A RADIUS OF 153.00 FEET, HAVING AN ARC DISTANCE OF 213.63 FEET, AND WHOSE LONG CHORD BEARS SOUTH 39° 59' 56" WEST FOR A DISTANCE OF 196.70 FEET; THENCE SOUTH 80°00'00" WEST, A DISTANCE OF 128.22 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 18.35 FEET; THENCE SOUTH 32°41'02" WEST, A DISTANCE OF 62.59 FEET TO THE POINT OF BEGINNING.
A PORTION OF PARCEL "A-3", AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A-3, AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID PARCEL A-3, AVENIR, NORTH 86° 54' 02" EAST, A DISTANCE OF 52.25 FEET; THENCE ALONG SAID SOUTH LINE, NORTH 86° 53' 53" EAST, A DISTANCE OF 87.77 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 47°19'57" WEST, A DISTANCE OF
118.63 FEET; THENCE CONTINUE NORTH 47°19'57" WEST, A DISTANCE OF 20.88 FEET TO A LINE BEING 40.00' EAST OF AND PARALLEL TO THE EAST RIGHT-OF-WAY LINE OF COCONUT BOULEVARD (TRACT R2); THENCE ALONG SAID PARALLEL LINE, NORTH 01° 33' 47" WEST, A DISTANCE OF 466.72 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13° 04' 58", HAVING A RADIUS OF 1500.00 FEET, HAVING AN ARC DISTANCE OF 342.50 FEET, AND WHOSE LONG CHORD BEARS NORTH 08° 06' 15" WEST FOR A DISTANCE OF 341.76 FEET; THENCE NORTH 32°41'02" EAST, A DISTANCE OF 62.59 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 18.35 FEET; THENCE NORTH 80°00'00" EAST, A DISTANCE OF 128.22 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 80° 00' 08", HAVING A RADIUS OF 153.00 FEET, HAVING AN ARC DISTANCE OF 213.63 FEET, AND WHOSE LONG CHORD BEARS NORTH 39° 59' 56" EAST FOR A DISTANCE OF 196.70 FEET; THENCE NORTH 00°00'08" WEST, A DISTANCE OF 156.46 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90° 00' 08", HAVING A RADIUS OF 72.00 FEET, HAVING AN ARC DISTANCE OF 113.10 FEET, AND WHOSE LONG CHORD BEARS NORTH 44° 59' 56" EAST FOR A DISTANCE OF 101.83 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 530.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 1066.62 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 1.74 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 176.58 FEET; THENCE SOUTH 86°53'53" WEST, A DISTANCE OF 90.13 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 234.45 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 11.74 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 1013.62 FEET TO THE POINT OF BEGINNING

EXHIBIT "A"

PAYMENT SCHEDULE
Developer acknowledges that no capacity has been reserved by this agreement and that when service is required, if service is available, Developer or its assigns will pay the then prevailing fees, including, but not limited to connection fees and capacity reservation fees. Developer will submit detailed construction plans to the Authority for review and approval prior to construction of any water and sewer facilities intended to be dedicated to the Authority. The Authority shall be the sole judge as to the acceptability of the plans to conform with the Authority’s Service Code.

Customer Category   Total Units/ERCs   Charge per Unit/ERC   Total Charges 0 SFU’s	0 ERC’s	$ 0	$ 0
Connection charges due at time of signing this Agreement = $ 0

EXHIBIT “B”

WATER AND SEWER SYSTEM CONTRIBUTIONS
The Developer shall provide, install and dedicate to Authority all pipe, services, mains and appurtenances thereto in accordance with the Authority's standards and specifications as indicated on the plans drawn by Ballbe & Associates, Job No. 202221, sheets WS1 – WS25. Said plans may be subject to revisions prior to final approval by Authority. Actual materials shall be as described on the final Bill of Sale as prepared by the Developer and transmitted to the Authority for approval and acceptance.

EXHIBIT “C”

RESOLUTION NO. 2022-13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2021/2022 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of the Avenir Community Development District (“District”) is empowered to provide a funding source and to impose special assessments upon the properties within the District; and,

WHEREAS, the District has prepared for consideration and approval an Amended Budget.

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

Section 1.  The Amended Budget for Fiscal Year 2021/2022 attached hereto as Exhibit “A” is hereby approved and adopted.

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

PASSED, ADOPTED and EFFECTIVE this 14th day of November, 2022.

ATTEST:	AVENIR
COMMUNITY DEVELOPMENT DISTRICT

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

Avenir
Community Development District

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

CONTENTS
AMENDED FINAL OPERATING FUND BUDGET

AMENDED FINAL CLUBHOUSE FUND BUDGET

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2018)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2019)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2019B)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2020 - IMPACT FEES)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2020 - SAN)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2021A)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2021B)

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND
FISCAL YEAR 2021/2022 OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2021/2022 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
O&M Assessments	3,244,953	1,789,242	1,789,242	
Clubhouse Assessments	0	1,218,750	1,218,750	
Clubhouse Other Revenues		12,330	12,330	
Landowner Contribution - O&M	0	665,000	165,000	
Debt Assessments - Series 2018	3,619,239	2,403,541	2,403,541	
Landowner Contribution - Debt	0	0	0	
Debt Assessments - Series 2019	1,548,229	1,128,488	1,128,488	
Impact Fees	0	3,646,171	3,646,171	
Bond Prepayments - 18 Bond	0	521,050	521,050	
Bond Prepayments Sent to Trustee - 18 Bond		(521,050)	(521,050)	
Bond Prepayments - 19 Bond		1,221,387	1,221,387	
Bond Prepayments Sent to Trustee - 19 Bond		(1,221,387)	(1,221,387)	
Landowner Contribution - 20 SAN	17,162,650	0	0	
Developer Contribution - Capital Projects		3,127,049	3,127,049	
Interest Income	0	988	988.1	
Total Revenues	$	25,575,071	$	13,991,559	$	13,491,559	
				
EXPENDITURES				
Supervisor Fees	0	0	0	
Engineering/Inspections	15,000	5,000	1,713	
Management	39,631	39,631	39,631	
Legal	60,000	60,000	54,443	
Assessment Roll	7,500	7,500	7,500	
Audit Fees	8,000	7,000	7,000	
Arbitrage Rebate Fee	1,950	3,250	3,250	
Insurance	8,000	44,800	44,800	
Legal Advertisements	4,500	3,000	2,367	
Miscellaneous	2,000	10,000	1,007	
Postage	500	500	437	
Office Supplies	2,000	5,000	4,419	
Dues & Subscriptions	175	175	175	
Trustee Fees	18,000	33,000	33,000	
Continuing Disclosure Fee	3,000	2,000	2,000	
Website Management	2,000	2,000	2,000	
Miscellaneous Maintenance	25,000	75,000	49,105	
Infrastructure Maintenance	0	185,000	173,842	
Electric (FPL)	225,000	305,000	301,811	
Water (Seacoast)	100,000	100,000	95,320	
Landscape Maintenance Base	450,000	445,000	438,417	
Landscape Maintenance Optional	100,000	300,000	294,404	
Irrigation Maintenance	0	33,000	30,849	
Lake Maintenance	28,000	40,000	37,222	
Stormwater Management/Lake Water Control	180,000	325,000	315,034	
Roadway & Bridges Maintenance	0	20,000	18,900	
Mitigation Maintenance	130,000	100,000	94,500	
Wild Hog Control	15,000	1,000	0	
Pump Maintenance	25,000	5,000	3,180	
Trail Maintenance	5,000	1,000	0	
Streetlights	100,000	5,000	0	
Field Operations	20,000	1,000	0	
				
Capital Project Outlay	0	3,672,996	3,127,217	
				
TOTAL O&M EXPENDITURES	$	1,575,256	$	5,836,852	$	5,183,542	
				
TOTAL CLUBHOUSE EXPENDITURES	$	1,475,000	$	1,013,600	$	919,299	
				
Excess/ (Shortfall)	$	22,524,815	$	7,141,107	$	7,388,718	
				
Bond Payments - Series 2018	(3,402,085)	(2,316,980)	(2,316,980)	
Bond Payments - Series 2019	(1,455,335)	(1,093,525)	(1,093,525)	
Bond Payments - Series 2020	(17,162,650)	(3,646,171)	(3,646,171)	
Impact Fees Paid to Trustee				
				
Balance	$	504,745	$	84,431	$	332,042	
				
County Appraiser & Tax Collector Fee	(168,248)	(56,857)	(56,857)	
Discounts For Early Payments	(336,497)	(167,560)	(167,560)	
				
Net Excess/ (Shortfall)	$	-	$	(139,986)	$	107,625	

Note: Debt Assessments/Bond Payments Only Includes Transactions Processed Through Operating Account

O&M ONLY	
FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

	
$142,302	
($139,986)	
$2,317	

I

AMENDED FINAL DETAILED CLUBHOUSE BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2021/2022
OCTOBER 1, 2021 - SEPTEMBER 30, 2022

EXPENDITURES	FISCAL YEAR 2021/2022 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
				
Connect Water Fee	0	0	(330)	
Management/personnel	530,000	450,000	425,902	
Uniforms	0	1,600	1,536	
Licenses/Permits	0	20,000	18,446	
Insurance	0	0	0	
Post / Print / Office Sup	0	18,000	16,412	
IT / Telecom	0	16,000	15,149	
HVAC Maint & Repair	0	1,000	0	
Janitorial	0	4,000	3,540	
Misc Repair & Maint	945,000	50,000	18,199	
Pest Control	0	9,000	8,340	
Fire/ Life/ Hood -Safe Sys	0	11,000	10,329	
Fitness Equip	0	1,000	685	
Vehicle Lease & Maint	0	500	0	
Holiday Decorations	0	2,000	1,352	
Cable / Music Services	0	2,500	2,056	
Trash Removal	0	2,000	1,814	
Gas	0	28,000	26,737	
Electricity	0	32,000	29,236	
Water & Sewer	0	27,000	25,547	
Irrigation Water	0	1,000	742	
Camera Surveillance	0	85,000	79,064	
Electronic Access Control	0	1,000	0	
Surveillance Repair & Main	0	1,000	0	
Landscape Maint Contract	0	90,000	86,063	
Landscape Other	0	2,500	1,753	
Pool Chemicals	0	34,000	32,027	
Pool Maintenance Agreement	0	1,000	0	
Pool Repair & Misc Maint	0	37,000	35,338	
Tennis & Pickle Court Main	0	10,000	8,842	
Furniture Repair & Maint	0	500	0	
Social Programs	0	45,000	43,573	
Restaurant Expenses	0	0	0	
Deficit Funding F&B Operat	0	0	0	
Other / Capital Expenses	0	30,000	26,946	
				
TOTAL EXPENDITURES	$	1,475,000	$	1,013,600	$	919,299	

CLUBHOUSE ONLY	
FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

	
$0	
$217,480	
$217,480	

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2018)
FISCAL YEAR 2021/2022 OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2020/2021 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
Interest Income	500	6,691	6,691	
NAV Tax Collection 2018-1	2,098,851	1,676,294	1,676,294	
NAV Tax Collection 2018-2 (Taxable & Tax-Exempt)	490,873	0	0	
NAV Tax Collection 2018-3	811,861	631,413	631,413	
Prepaid Bond Collection	0	521,050	521,050	
Landowner Direct Bill Payments	0	1,209,970	1,209,970	
Total Revenues	$	3,402,085	$	4,045,419	$	4,045,419	
				
EXPENDITURES				
Principal Payments 2018-1	460,000	515,000	515,000	
Principal Payments 2018-2 Taxable	0	1,655,000	1,655,000	
Principal Payments 2018-2 Tax Exmpt	0	420,000	420,000	
Principal Payments 2018-3	165,000	165,000	165,000	
Interest Payments 2018-1	1,638,725	1,649,588	1,649,588	
Interest Payments 2018-2 Taxable	412,775	339,503	339,503	
Interest Payments 2018-2	78,098	64,350	64,350	
Interest Payments 2018-3	642,706	647,450	647,450	
Bond Redemption	4,781	0	0	
Total Expenditures	$	3,402,085	$	5,455,890	$	5,455,890	
				
Excess/ (Shortfall)	$	-	$	(1,410,471)	$	(1,410,471)	

FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

$2,640,064	
($1,410,471)	
$1,229,593	

Notes
2018-1 Reserve Fund Balance = $431,154.58*. 2018-3 Reserve Fund Balance = $203,819.49*. 2018-1 Revenue Account Balance = $393,695.10*. 2018-3 Revenue Account = $189,064.36*. 2018-1 Prepayment Account Balance = $4326.72*. 2018-2 Prepayment Account = $7,510.30*.

* Approximate Amounts

	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	Par Amount As Of 9/30/21 =	$30,005,000

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

Par Amount As Of 9/30/21 =	May 1st & November 1st

$4,825,000	

	Series 2018-2 Bond Information		
Original Par Amount =	$4,700,000	Annual Principal Payments Due =	N/A	
Interest Rate = Issue Date = Maturity Date =	5.85%
May 2018
May 2029	Annual Interest Payments Due =

Par Amount As Of 9/30/21 =	May 1st & November 1st

$1,235,000	

	Series 2018-3 Bond Information		
Original Par Amount =	$11,565,000	Annual Principal Payments Due =	May 1st	
Interest Rate = Issue Date = Maturity Date =	5.75%
May 2018
May 2049	Annual Interest Payments Due =

Par Amount As Of 9/30/21 =	May 1st & November 1st

$11,260,000	

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2019)
FISCAL YEAR 2021/2022 OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2020/2021 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
Interest Income	0	2,272	2,272	
NAV Tax Collection	1,078,335	1,090,120	1,090,120	
Landowner Contribution	0	432,035	432,035	
Prepaid Bond Collection	0	0	0	
	0			
Total Revenues	$	1,078,335	$	1,524,427	$	1,524,427	
				
EXPENDITURES				
Principal Payments (2019)	220,000	220,000	220,000	
Interest Payments (2019)	861,560	864,080	864,080	
Bond Redemptions	-3,225	0	0	
				
Total Expenditures	$	1,078,335	$	1,084,080	$	1,084,080	
				
Excess/ (Shortfall)	$	-	$	440,347	$	440,347	

FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

$109,268	
$440,347	
$549,614	

Notes
Reserve Fund Balance = $108,262.37*. Revenue Fund Balance= $439,871.83*. Prepayment Account Balance = $1,454*.

* Approximate Amounts

Series 2019 Bond Information

Original Par Amount =	$15,700,000	Annual Principal Payments Due =	
Interest Rate =	5.60%	May 1st	
Issue Date =	April 2020		
Maturity Date =	May 2050	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/2021 =	$15,430,000		

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2019B)
FISCAL YEAR 2021/2022 OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2020/2021 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
Interest Income	0	2,504	2,504	
Landowner Contribution	377,000	302,644	302,644	
Prepaid Bonds		1,221,387	1,221,387	
				
Total Revenues	$	377,000	$	1,526,535	$	1,526,535	
				
EXPENDITURES				
Principal Payments (2019B-1 - Taxable)	0	115,000	115,000	
Principal Payments (2019B-2 - Tax Exempt )	0	230,000	230,000	
Interest Payments (2019B-1 - Taxable)	377,000	152,625	152,625	
Interest Payments (2019B-2 - Tax Exempt)	0	227,784	227,784	
Bond Redemptions	0			
Total Expenditures	$	377,000	$	725,409	$	725,409	
				
Excess/ (Shortfall)	$	-	$	801,125	$	801,125	

FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

$354,487	
$801,125	
$1,155,612	

Notes
2019B Taxable Reserve Fund Balance = $96,235.44*. 2019B Tax Exempt Reserve Fund = $181,674.51*.
2019B Taxable Prepayment Account Balance = $336,154.27*. 2019B Tax Exempt Prepayment Account Balance = $425,224.25

* Approximate Amounts

	Series 2019B-1 (Taxable) Bond Information		
Original Par Amount =	$2,200,000	Principal Payment Due On	
Interest Rate =	6.88%	May 1, 2029	
Issue Date =	December 2019		
Maturity Date =	May 2029	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/2021 =	$2,200,000		

	Series 2019B-2 (Tax Exempt) Bond Information		
Original Par Amount =	$4,300,000	Principal Payment Due On	
Interest Rate =	5.25%	May 1, 2029	
Issue Date =	December 2019		
Maturity Date =	May 2029	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/2021 =	$4,300,000		

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2020 - IMPACT FEES) FISCAL YEAR 2021/2022
OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2020/2021 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
Interest Income	0	2,971	2,971	
Impact Fees	1,073,500	3,881,729	3,881,729	
Transfer From Cost Of Issuance Account	0	0	0	
				
Total Revenues	$	1,073,500	$	3,884,700	$	3,884,700	
				
EXPENDITURES				
Principal Payments (2020)	0	590,000	590,000	
Interest Payments (2020)	1,073,500	1,654,582	1,654,582	
				
Total Expenditures	$	1,073,500	$	2,244,582	$	2,244,582	
				
Excess/ (Shortfall)	$	-	$	1,640,118	$	1,640,118	

FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

$689,459	
$1,640,118	
$2,329,577	

Notes
Revenue Fund Balance = $2,296,301.01*. Interest Fund Balance = $18.37*. Redemption Fund Balance = $17.89*.

* Approximate Amount

	Series 2020 (Impact Fee Credit) Bond Information	
Original Par Amount =	$22,600,000	Principal Payment Due =	
Interest Rate =	4.75%	November 1, 2050	
Issue Date =	July 2020		
Maturity Date =	November 2050	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/2021 =	$22,600,000		

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2020 SAN) FISCAL YEAR 2021/2022
OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2020/2021 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
Interest Income	0	5	5	
Debt Proceeds (2020 SAN)	16,089,150	0	0	
Debt Proceeds (2021A-1)	0	6,571,647	6,571,647	
Debt Proceeds (2021A-2)	0	9,459,753	9,459,753	
Transfer From Cost Of Issuance Account (2020 SAN)	0	0	0	
				
Total Revenues	$	16,089,150	$	16,031,405	$	16,031,405	
				
EXPENDITURES				
Principal Payments (2020 SAN)	15,400,000	15,400,000	15,400,000	
Interest Payments (2020 SAN)	689,150	631,400	631,400	
Transfer To 2021 Debt Service	0	5	5	
				
Total Expenditures	$	16,089,150	$	16,031,405	$	16,031,405	
				
Excess/ (Shortfall)	$	-	$	-	$	-	

FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

$0	
$0	
$0	

Notes
Paid Off with 2021 Bonds

		 Series 2020 SAN Information			 Original Par Amount =	$15,400,000	 Annual Principal Payments Due =	 Due in Full November 1, 2021 Interest Rate =	4.50%	Annual Interest Payments Due =	Due in Full November 1, 2021
Issue Date =	October 2020
Maturity Date =	November 2021
May 1st & November 1st
Par Amount As Of 9/30/2021 =	$15,400,000

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2021A)
FISCAL YEAR 2021/2022 OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2020/2021 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
Interest Income	0	10,621	10,621	
NAV Tax Collection	0	0	0	
Debt Proceeds (2021A-1)	0	0	0	
Debt Proceeds (2021A-2)	0	0	0	
				
Total Revenues	$	-	$	10,621	$	10,621	
				
EXPENDITURES				
Principal Payments (2021A-1)	0	0	0	
Principal Payments (2021A-2)	0	0	0	
Interest Payments (2021A-1)	0	505,446	505,446	
Interest Payments (2021A-2)	0	1,180,651	1,180,651	
				
Total Expenditures	$	-	$	1,686,097	$	1,686,097	
				
Excess/ (Shortfall)	$	-	$	(1,675,476)	$	(1,675,476)	

FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

$4,098,800	
($1,675,476)	
$2,423,324	

Notes

2021A-1 Reserve Fund Balance = $720,531.95*. 2021A-2 Reserve Fund Balance = $257,901.29*. 2021A-1 Interest Account Balance = $433,258.62*. 2021A-2 Interest Account Balance = $1,011,871.00*.
* Approximate Amounts

	Series 2021A-1 Information		
Original Par Amount =	$27,305,000	Annual Principal Payments Due =	
Interest Rate =	2.25% - 3.4%	May 1st	
Issue Date =	September 2021		
Maturity Date =	May 2052	Annual Interest Payments Due =	

Par Amount As Of 9/30/2021 =	
$27,305,000	May 1st & November 1st	

	Series 2021A-2 Information		
Original Par Amount =	$39,305,000	Annual Principal Payments Due =	
Interest Rate =	5.13%	May 1st	
Issue Date =	September 2021		
Maturity Date =	May 2052	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/2021 =	$39,305,000		

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2021B)
FISCAL YEAR 2021/2022 OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2020/2021 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 9/30/22	
Interest Income	0	635	635	
NAV Tax Collection	0	0	0	
Landowner Direct Payment	0	854,542	854,542	
				
Total Revenues	$	-	$	855,177	$	855,177	
				
EXPENDITURES				
Principal Payments (2021B)	0	0	0	
Interest Payments (2021B)	0	854,550	854,550	
				
Total Expenditures	$	-	$	854,550	$	854,550	
				
Excess/ (Shortfall)	$	-	$	627	$	627	

FUND BALANCE AS OF 9/30/21	
FY 2021/2022 ACTIVITY	
FUND BALANCE AS OF 9/30/22	

$145,800	
$627	
$146,427	

Notes
Reserve Fund Balance = $146,414.51*. Interest Fund Balance = $204.29*.

* Approximate Amounts

Series 2021B Bond Information

Original Par Amount =	$29,160,000	Principal Payment Due On
Interest Rate =	5.00%	May 1, 2041
Issue Date =	September 2021
Maturity Date =	May 2041		Annual Interest Payments Due = May 1st & November 1st
Par Amount As Of 9/30/2021 =	$29,160,000

CLUBHOUSE MANAGEMENT UPDATE

TO BE DISTRIBUTED UNDER SEPARATE COVER

SOUTH FLORIDA SELECT HOMES, CORP

85 Queens Road
North Hutchinson Island, FL 34949

(561) 239-5651 FAX (772)429-4504

INVOICE
I Date_: 11-7-2022
 Invoice	

Avenir Community Development District 2501 Burns Road
Palm Beach Gardens, Fl.

CLUBHOUSE

Add additional sidewalk to rear entry of gym	$8,042.50 Add electrical lighting along sidewalk to gym		$5,609.00

Total

Coastal
ELECTRICALSERVICE  INC
2155 SW Gull Harbor Lane
Palm City Fl 349900
(772) 286-5771 - Office (772) 286-5766 - Fax

Proposal/Contract

November 4 2022

TO: South Florida Select Homes
85 Queens Rd
Ft Pierce Fl 34949

Attn: Keith
RE; Side walk at club house tot lot
Proposal price will include Jabor and materia1 to be furnished by Coasta1 Electrical
Service Inc as per contract drawings by dated 8/23/22 By Randall Stofft

INCLUDED IN PROPOSAL
Install dedicated conduit and wiring to new flood light fixtures
Install dedicated timer inside of equipment yard.
Install 4 four flood light fixtures as per spec to match existing.
Total proposal price $5609.00
NOT INCLUDED IN PROPOSAL
Perm.it fees
Concrete removal or replacement

This job has been according to Nation Electrical Code .Any and all changes due to local jurisdiction, Architect, General Contractor Owner or Inspector will be deemed an extra agreed upon and signed for in advance.
Coastal Electrical Service Inc shall not be liable financially responsible for any interruptions of any kind weather associated with this construction projection project or not
All work shall be performed during our normal business hours of 800 am, and 430
pm Monday Thru Friday excluding holidays Payments shall be made 15 day from invoice date
This proposal is good for 45 days After such time due to fluctuating prices
revisions to our bid may be required
The complete contract price is $5609.00 (five thousand six hundred nine dollars) Purchaser agrees that the labor material and services to be provided are subject to the terms and conditions of this contract proposal. The undersign pw·chaser does hereby represent that he or she has the express authority to execute this contract or proposal for and behalf of the owner of the herein described property
	Date		Date_
South Florida Select Homes	Coastal E1ectrica1 service

Blank

Page 55

H & l Contracting. Inc.
3160 Faitlane Farms Road Wellington, FL 33414

To:	Avenir Development, LLC
Address:		550 Biltmore Way, Suite 1110 Coral Gables, FL 33134	Contact:	Keith OBrein
Phone:
Fax:	
Projec.t Name:	Avenir Oubhouse Added Sidewalk
Projed Location:	Avenir Oubhouse, Palm Beach Gardens, FL	Bid Number:Change Order
Bid Date: 09/21/22	

USA

Phone: 561-791-1953
Fax: 561-795-9282

ILine#	Item #	Item Description	Estimated Quantity  Unit	Unit Price	
Total Price!	
100	Mobilization	1.00 LS	$1,200.00	$1,200.00	
110	Grade For New Walk	1.00 L5	$2,200.00	$2,200.00	
120	Stabilized Subgrade	250.00 SF	$3.75	$937.50	
130	4" Sidewalk	250.00 SF	$7.50	$1,875.00	
140	Concrete Pump	1.00 LS	$750.00	$750.00	
150	Remove And Replace 2 Rags of Bro	ken Sidewalk	1.00 LS	$1,080.00	$1,080.00	
			Total Bid Price:	$8,042.50	

Notes:					
lllis proposal is base<t on plans and specifications prepared by Randall Stofft entitled Avenlr Oubhouse dated 08.23.22,
Prices quotecl are based on completing an items in a continuous operation. Should a portion be deleted or suspended, prices quoted are subject to revision. A reasonable re-mobilization charge will be made for each additional move-in required by Customer.
Should c:ustomer require any additional work:, not specifically covered by this proposal, such additional work shall be performed at the direction of customer's representation on an equipment rental, time and material baSis, in accordance with H & J Contracting's published equipment rates.
Unless otherwise indicated, in writing, this quotation expires thirty days from the date of quote. At the sole option of H & J contracting, this
quotation may be extended fur additional period of time.
Toe prices quoted herein indude (l) mobilization(s). Additional mobilizat1ons will be billed at $1,500.00 ea.
Al! price increases incurred by Contractor for fueJ, materials and commodities of all types after the date of this contract agreement ate to be paid to Contractor by Owner. Material quotes are not guaranteed. If Contractor incurs surcharges by vendors for materials delivered for the project, these additional costs shall be the responsibility of the Owner. Further, Contractor shall not be held responsible for schedule delays caused by material avallabiltty Issues.
Contractor not responsible for e)(isting utilities not shown on plans.
Damage to sidewalks when it is necessary to cross then with our equipment to complete the job.
Contractor not responsible for damage to landscaping, Irrigation, or the condition of trees, after the saw cutting and patching process when repairing root damage. Due care will be given.
Any drainage problems of existing lot requiring a change in elevations requires engineered drawings.
The prices Included herern do not include cost of payment and performanc:e bonds, permits, engineering, or testing.

ACCEPTED:	CONFIRMED:	
The above prices, specifications and conditions are satisfactory and
are hereby accepted.	H & J Contracting. Inc.	
Buyer: 	 _		
Signature:	Authorized Signature: 		
Date of Acoeptance:	Estimator.	

9/21/2022 4:58:52 PM	Page 1 of 1
Page 56

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