AVENIR COMMUNITY DEVELOPMENT
DISTRICT

CITY OF PALM BEACH GARDENS SPECIAL BOARD MEETING
MARCH 13, 2023
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 SPECIAL BOARD MEETING
March 13, 2023
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
January 26, 2023 Regular Board Meeting & Public Hearings	Page 2
Old Business
New Business
Consider Approval of Tree Trimming Proposal	Page 7
Consider Approval of Plant Replacements along Spine Road Phase 2 – Coconut Blvd.	Page 9
Consider Approval of Adjustment to District Counsel Fee Structure	Page 10
Consider Approval of Change Order No. 2 between the District & Centerline, Inc.
for Avenir Lift Station #6	Page 12
Consider Ratification of Change Order No’s 1 – 4 between the District & SPF
Underground Utilities	Page 16
Consider Ratification of Pod 20 Plat	Page 20
Consider Resolution 2023-03 – C-18 Bridge Resolution	Page 31
Clubhouse
Clubhouse Management Update	Page 32
Consider Resolution No. 2023-03 – Amending and Supplementing Resolution 2022-02
to Replace the Special Events Agreement Form	Page 33
Administrative Matters
Board Member Comments
Adjourn

Miscellaneous Notices
Published in Palm Beach Daily Business Review on March 3, 2023

Location
Palm Beach County, Florida
Notice Text	
	AVENIR COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF SPECIAL BOARD OF SUPERVISORS' MEETING
The Board of Supervisors (the "Board") of the Avenir Community Development District (the "District") will hold a Special Board Meeting on March 13, 2023, at 12:30 p.m. in The Oaks Center located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 for the purpose of considering any business that may properly come before the Board.
A copy of the agenda may be obtained from the District's website seven
(7) days prior to the Special Board Meeting or at the offices of the District Manager, 2501A Burns Road, Palm Beach Gardens, Florida 33410, Telephone: (561) 630-4922 and/or toll free at 1-877-737-4922, during normal business hours.
The Special Board Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The Special Board Meeting may be continued to a date, time, and place to be specified on the record at the meeting.
There may be occasions when staff or Supervisors may participate by speaker telephone.
Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) 630-4922 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office.
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the Special Board Meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
Meetings may be cancelled from time to time without advertised notice. AVENIR COMMUNITY DEVELOPMENT DISTRICT	
	www.avenircdd.org		
	3/3 23-03/0000648842P	Page 1	

AVENIR COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING S & REGULAR BOARD MEETING JANUARY 26, 2023

CALL TO ORDER

The January 26, 2023, 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 Roberto Horowitz and Daniel Lopes 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 Rick Salvatore, Gina Sanchez and Sherry Ward.

Also present were: Developer Representative Rosa Schechter (via phone); Andrew Karmeris of Special District Services, Inc.; and District residents Susan and Kevin McAlary.

ADDITIONS OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

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

APPROVAL OF MINUTES
December 15, 2022, Regular Board Meeting

The minutes of the December 15, 2022, 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 December 15, 2022, Regular Board Meeting, as presented.

The Regular Board Meeting was then recessed and the Public Hearing on the Levy of Non-Ad Valorem Assessments – Avenir (AA3) was opened.

PUBLIC HEARING – LEVY NON-AD VALOREM ASSESSMENTS – AVENIR (AA3)

Consider Revised Fourth Amendment to Fifth Supplemental Engineer’s Report

Mr. Ballbe presented the Revised Fourth Amendment to the Fifth Supplemental Engineer’s Report (AA3), explaining that the revision included a change in date, as well as additional exhibits for clarification.

A motion was made by Mr. Lopez, seconded by Mr. Horowitz and unanimously passed approving the Revised Fourth Amendment to the Fifth Supplemental Engineer’s Report (AA3), and approving the AA3 project.

Consider Preliminary First Supplemental Special Assessment Methodology Report – Infrastructure Project for Special Assessment Bonds (AA3)

Mr. Karmeris presented the Preliminary First Supplemental Special Assessment Methodology Report – Infrastructure Project for Special Assessment Bonds (AA3), and highlighted changes made to Appendixes 1 and 2.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the First Supplemental Special Assessment Methodology Infrastructure Project for Special Assessment Bonds (AA3), as presented.

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 on January 10, 2023, and January 17, 2023, as legally required.

Receive Public Comment on Levying Assessments within Avenir (AA3)

There were no comment6s from the public.

Consider Resolution No. 2023-01 – Levying Assessments within Avenir (AA3)

Resolution No. 2023-01 was presented, entitled:

RESOLUTION NO. 2023-01

A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE CONSTRUCTION AND/OR ACQUISITION OF INFRASTRUCTURE IMPROVEMENTS CONSTITUTING THE ASSESSMENT AREA THREE PROJECT (THE “2023 PROJECT”); EQUALIZING, APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS TO SECURE THE DISTRICT’S SPECIAL ASSESSMENT BONDS, SERIES 2023 (ASSESSMENT AREA THREE) (THE “SERIES 2023 BONDS”) ON PROPERTY WITHIN THE ASSESSMENT AREA THREE ASSESSMENT AREA WITHIN THE DISTRICT SPECIALLY BENEFITED BY THE 2023 PROJECT TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY

THE METHODS PROVIDED FOR BY CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE ITS SERIES 2023 BONDS; MAKING PROVISIONS FOR TRANSFERS OF REAL PROPERTY TO GOVERNMENTAL BODIES; PROVIDING FOR THE RECORDING OF AN ASSESSMENT NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously adopting Resolution No. 2023-01, as presented.

The Public Hearing on the Levy of Non-Ad Valorem Assessments – Avenir (AA3) was then closed and the Public Hearing regarding Clubhouse Rates was opened.

PUBLIC HEARING – CLUBHOUSE RATES
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 on January 10, 2023, and January 17, 2023, as legally required.

Receive Public Comment on Amended Club Rates

Mr. Pierman recommended, after discussions with Mr. Salvatore, that the tennis non-patron fee be deleted, due to the fact that non-patrons cannot use the tennis facility, and that the FOB replacement fee be lowered to $15, to better reflect the actual FOB cost.

Consider Resolution No. 2023-02 - Amending Club Rates

Resolution No. 2023-02 was presented, entitled:

RESOLUTION NO. 2023-02

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 Ms. Cepero, seconded by Mr. Lopez and passed unanimously adopting Resolution No. 2023-02, as amended.

The Public Hearing Amending Club Rates was then 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 Agreement for Professional Services Related to Avenir Spine Road 5 Seacoast Utility Authority Easements (Caulfield & Wheeler)

Mr. Ballbe presented the Caulfield & Wheeler agreement, noting that they were the surveyor of record, and explaining that this was for sketches and legal descriptions of the Spine Road 5 Seacoast Utility Authority Easements.

A motion was made by Ms. Cepero, seconded by Mr. Horowitz and unanimously passed ratifying the Agreement for Professional Services related to Avenir Spine Road 5 Seacoast Utility Authority easements, as presented.

CLUBHOUSE
Clubhouse Management Update

Mr. Salvatore provided clubhouse updates, including that fitness services had begun, the maintenance cart was currently out of service, and pickleball and tennis vendors Play Academy and Tennis Preserve were being engaged. He also noted that staff was seeing people sneak into the pool and tennis courts through the back gates, which must remain open during hours of operation. Mr. Salvatore is currently obtaining proposals to add access control to those areas. Ms. Sanchez highlighted the events put on in January for health and fitness, and provided a preview of upcoming events.

Ms. Sanchez noted that there had been interest in reserving the green area in the roundabout on Avenir Drive for weddings. Following discussion, the Board consensus was to not allow that area to be used, due to safety concerns.

ADMINISTRATIVE MATTERS

Mr. Pierman noted that he had been approached by Johan Kriek to use the Avenir tennis facility for tennis programming. Following discussion, the Board consensus was to not pursue Mr. Kriek’s request.

BOARD MEMBER COMMENTS

Ms. McAlary noted that there were cars speeding along the main road, especially by Panther National in the mornings. She also relayed a negative experience she had with clubhouse staff, which Mr. Salvatore will address. Discussion ensued regarding clubhouse fees, lake maintenance, and fitness center access.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously adjourning the Regular Board Meeting at 1:16 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

Tree Proposal

	Customer Phone		Date	Proposal #	
Avenir Community Development District c/o Special District Services
2501 A Burns Rd
Palm Beach Gardens, FL 33410
Attn.: Carlos J. Ballbé, P.E., LEED ® A.					
	(954) 491-7811 (Ext.		1/30/2023	41884	
	TB	CPM Rep	RE:	
	DM	SK	See Below	
Description	Quantity	Cost	Proposal Total	
* LOCATION OF SERVICE: EAST SIDE OF				
ENTRANCE ON NORTHLAKE BLVD *				
Trim (22) Royal Palms, (37) Coconut Palms & (30)		3,780.00	3,780.00	
Sabal Palms				
* LOCATION OF SERVICE: WEST SIDE OF				
ENTRANCE ON NORTHLAKE BLVD *				
Trim (25) Royal Palms, (42) Coconut Palms, & (41)		4,500.00	4,500.00	
Sabal Palms				
* LOCATION OF SERVICE: AVENIR DRIVE,				
FIRST ROUNDABOUT BY CLUBHOUSE, CENTER				
ISLAND & WEST SIDE OF STREET BY CENTER				
ISLAND *				
Trim (19) Coconut Palms - Royals aren't in dire need of		1,140.00	1,140.00	
trimming				
* LOCATION OF SERVICE: SECOND				
ROUNDABOUT CENTER ISLAND DISSECTING				
AVENIR DRIVE & COCONUT BLVD *				
Trim (18) Coconut Palms - Royals aren't in dire need of		1,080.00	1,080.00	
trimming				
*** THE TREES INCLUDED IN THIS PROPOSAL				
ARE IN DIRE NEED OF TRIMMING - OTHER				
SECTIONS THAT DON'T REQUIRE IMMEDIATE				
ATTENTION BUT DO REQUIRE TRIMMING WILL				
BE PROVIDED A SEPARATE PROPOSAL ***				
OTHER SPECIFICATIONS: Although Contractor will use due care, Contractor is not responsible for plants, bushes, shrubs, hedges, etc. that are planted around trees that are being installed, trimmed or removed. Also, Contractor is not responsible for underground utilities, cable TV or sprinkler related materials (pipes, valves, etc.) due to the fact that we cannot determine their location. Any and all permits to be obtained shall remain the responsibility of the H.O.A. or Homeowner. Any damages must be inspected and approved by the Contractor for repair before compensation will be made.	
Proposal Total	

Signature 	
This Proposal may be withdrawn by CPM if not accepted within 30 days. The above prices, specifications and conditions are satisfactory and hereby accepted. We are authorized to do work as specified. Payment will be made according to Terms. Please do not make your payment from this proposal.
Page 1

Tree Proposal

	Customer Phone		Date	Proposal #	
Avenir Community Development District c/o Special District Services
2501 A Burns Rd
Palm Beach Gardens, FL 33410
Attn.: Carlos J. Ballbé, P.E., LEED ® A.					
	(954) 491-7811 (Ext.		1/30/2023	41884	
	TB	CPM Rep	RE:	
	DM	SK	See Below	
Description	Quantity	Cost	Proposal Total	

**** PRICE IS VALID 60 DAYS FROM DATE ON
PROPOSAL ****				
OTHER SPECIFICATIONS: Although Contractor will use due care, Contractor is not responsible for plants, bushes, shrubs, hedges, etc. that are planted around trees that are being installed, trimmed or removed. Also, Contractor is not responsible for underground utilities, cable TV or sprinkler related materials (pipes, valves, etc.) due to the fact that we cannot determine their location. Any and all permits to be obtained shall remain the responsibility of the H.O.A. or Homeowner. Any damages must be inspected and approved by the Contractor for repair before compensation will be made.	
Proposal Total	$10,500.00	

01/30/2023

7027 SW 87 Ct, Miami, FL 33173 - (305) 246-3223 Fax (305) 246-0481

Product Description

Key

Product Description

Specs

Qty

Unit Cost

Total Cost

Total Additions

$5,887.00

Total Changes in Scope

$5,887.00

Project: 1316 - Avenir Spine Road Phase 2 - Coconut Blvd. - Spine Rd PH2 - Plant Replacements - CO #2

Add	Acal\pha ZilNesiana/Copperleaf ShruEs  Ground)	3 Gal., 2  ; 18 	1 7.00	$8.00	$1,17 .00	
Add	Chr\soEalanus icaco 5ed Tip /5ed Tip CocopluP ShruEs Ground)	3 Gal., 18 ; 12 	50.00	$7.50	$375.00	
			
Add	Conocarpus erectus/ Green %uttonZood	3 Gal., 12 ; 12 	85.00	$8.00	$ 80.00	
Add	'uranta erecta Gold 0ound /Gold 0ound 'uranta ShruEs Ground)	7 Gal., 18 ; 18 	10.00	$25.00	$250.00	
			
Add	(YolYulus gloPeratus %lue 'a]e /%lue 'a]e ShruEs Ground)	1 Gal.,  ; 	220.00	$ .50	$ 0.00	
			
Add	,[ora 1ora Grant /1ora Grant ,[ora ShruEs  Ground)	3 Gal., 12 ; 12 	50.00	$8.00	$ 00.00	
Add	-asPinuP YoluEile/:a[ -asPine ShruEs  Ground)	3 Gal., 12 ; 12 	27.00	$8.00	$21 .00	
Add	/iriope Puscari (Perald Goddess //iriope ShruEs  Ground)	1 Gal., 12 ; 12 	280.00	$5.00	$1, 00.00	
Add	2range %roPeliad	7 Gal	 .00	$100.00	$ 00.00	

2riginal 2riginal Contract Price Total	/ump Sum	1	$2,110,573.07	$2,110,573.07

Previous Previous /andscape Change 2rders Total	/ump Sum	1	$8 , 31.50	$8 , 31.50

Add Acal\pha ZilNesiana/Copperleaf ShruEs Ground)	3 Gal., 2  ; 18	1 7.00	$8.00	$1,17 .00
Add  Chr\soEalanus icaco Red Tip /Red Tip Cocoplum ShruEs  3 Gal., 18 ; 12	50.00	$7.50	$375.00 Ground)
Add  Conocarpus erectus/ Green %uttonZood	3 Gal., 12 ; 12	85.00	$8.00	$ 80.00
Add  'uranta erecta Gold 0ound /Gold 0ound 'uranta ShruEs 7 Gal., 18 ; 18	10.00	$25.00	$250.00 Ground)
Add  (volvulus glomeratus %lue 'a]e /%lue 'a]e ShruEs	1 Gal.,  ;	220.00	$ .50	$990.00 Ground)
Add  ,[ora 1ora Grant /1ora Grant ,[ora ShruEs  Ground)	3 Gal., 12 ; 12	50.00	$8.00	$ 00.00
Add  -asminum voluEile/:a[ -asmine ShruEs  Ground)	3 Gal., 12 ; 12	27.00	$8.00	$21 .00
Add /iriope muscari (merald Goddess //iriope ShruEs Ground) 1 Gal., 12 ; 12	280.00	$5.00	$1, 00.00
Add 2range %romeliad	7 Gal	 .00		$100.00		$ 00.00 Total Additions	$5,887.00

Total Changes in Scope	$5,887.00

Revised Contract Amount	$2,202,891.57

Notes:	

Arazoza Brothers Corp.(Signature)	Date

Print Name  Title	Date

Approved By (Signature)	Date

Print Name  Title	Date

LAW OFFICES
BILLING,  COCHRA	, LYLE	MAURO & RAM	EY, P.A.
ESTABLISHED 1977

DENNIS E. LYLES JOHN W. MAURO
KENNETH W. MORGAN, JR. RICHARD T. WOULFE CAROL J. HEALY GLASGOW MICHAEL J. PAWELCZYK ANDREW A. RIEF
MANUEL R. COMRAS GINGER E. WALD JEFFERY R. LAWLEY SCOTT C. COCHRAN SHAWN B. MCKAMEY ALINE 0. MARCANTONIO JOHN C. WEBBER

LAS CLAS SQUARE, SUITE 600
515 EAST LAS CLAS BOULEVARD FORT LAUDERDALE, FLORIDA 33301
(954) 764-7150
(954) 764-7279 FAX

PGA NATIONAL OFFICE CENTER
300 AVENUE OF THE CHAMPIONS, SUITE 270 PALM BEACH GARDENS, FLORIDA 33418
(561) 659-5970
(561) 659-6173 FAX

WWW .BILLINGCOCHRAN.COM PLEASE REPLY TO: FORT LAUDERDALE

CHRISTINE A. BROWN GREGORY F. GEORGE BRAD J, KIMBER

OF COUNSEL

CLARK J. COCHRAN, JR. SUSAN F. DELEGAL SHIRLEY A. DELUNA GERALD L. KNIGHT BRUCE M. RAMSEY

STEVEN F. BILLING (1947-1998) HAYWARD D. GAY (1943·2007)

February 2 2023

VIA E-MAIL ONLY- jpierman(ci),sdsinc.org

Mr. Jason Piennan District Manager
Special District Services Inc. 2501A Burns Road
Palm Beach Gardens FL 33410

Re:		Adjustment to District Counsel Fee Structure Avenir Community Development District Our File: 1009.17031
Dear Jason:

This firm's current fee structure has been in place since 20 I 7. Although we are certainly mindful of the necessity to keep increases in the District's expenses including the cost of legal services to a · m1rumum it has become necessary for us to adjust our hourly rates effective April 1, 2023 as follows:

Attorneys/Partners:
Attorneys/Associates:

$300.00 per hour
$225.00 per hour

This hourly fee structure will be adjusted on a periodic basis in connection with the District s budget process no later than every third Fiscal Year to reflect changes in the Consumer Price Index published by the U. S. Department of Labor. The CPI has reflected a 22.6% increase since the year 2017 and we have not raised our fees during that time.

Mr. Jason Pierman February 2, 2023 Page2

Naturally, should you have any questions or require any further information in support of this adjustment you should feel free to contact me at your convenience. As I think you are aware, we very much appreciate the opportunity to serve as District Counsel as well as your courtesy and cooperation with regard to the necessity of what we believe to be both infrequent and reasonable adjustments to our schedule of professional fees.

MJP/jmp

CHANGE ORDER NO. 2

Date of Issuance:	February 13, 2023	Effective Date:	February 13, 2023

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.:

210565

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

202101

Project:	AVENIR LIFT STATION #6	Contract Name:	Construction Contract (Roadway
Improvements)

The Contract is modified as follows upon execution of this Change Order: Description:
Lift station control panel electrical revisions and add light pole

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

CHANGE IN CONTRACT PRICE

Original Contract Price:
$723,830.60	CHANGE IN CONTRACT TIMES

Original Contract Times: Refer to contract Exhibit “E”	

[Increase] [Decrease] form previously approved Change Orders No. 0 to No. _1	:
$23,903.00	
[Increase] [Decrease] form previously approved Change Orders No.	 to No. 	:
None	

Contract Price prior to this Change Order:
$747,733.60	
Contract Times prior to this Change Order: Refer to contract Exhibit “E”	

Page 1

Owner	

Contractor	

[Increase] [Decrease] of this Change Order
$19,987.76	
[Increase] [Decrease] of this Change Order None	

Contract Price incorporating this Change Order:
$767,721.36	
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: _2/13/2023_	
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: 5/26/2022
To: Avenir Community Development District

Project: Avenir Lift Station No. 6	
Covers the required SUA changes in design between original bid plans and final approved plans. Also includes permitting costs and material cost escalation.	
Item No.	Size	Descriotion	Oh,	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	$	406.48	$	406.48	
3		ADO LIGHT POLE & FLOOD LIGHT FIXTURE	1	LS	$	9.733.75	$	9,733.75	
4		ELECTRICAL MATERIAL COST ESCALATION	1	LS	$	3.847.50	$	3,847.50	

							

Total Price:	$	19,987.73	

1772-263-0 I 02

SPF Underground Utililities, lnc. 1220 SW Dyer Point Rd
Palm City, FL 34990

Change Order Request

Date	Change Order#	
1/2/2023	C/0 I	

scott.spfunderground@gmail.com

Name/ Address

Avenir Community Development District

I

CO	Pmjeot

.----------r	,1... 
Attn:	Keith O'Brien	.

  .		Avenir

Description	Qty	Rate	Total	
Avenir  Palm Beach Gardens

Cost of Performance Bond as discussed with Keith (our invoice for the bond is attached to email also)

,la,	

1	

8,250.00	

8,250.00	

JV' ' J	'

Total	$8,250.00

1772-263-0 I 02

SPF Underground Utililities, Inc.
1220 SW Dyer Point Rd Palm City, FL 34990

Change Order Request

Date	Change Order #	
1/18/2023	C/O2	

scott.spfunderground@gmail.com

Name I Address

Avenir Community Development District

I

	CO	Pcoject	

C/O 2	Avenir

..-----------.-------,1 - --
Attn:

Description	Qty	Rate	Total	
Avenir  Palm Beach Gardens Attn: Keith O'Brien

Overhead power coming down Northlake Blvd (3) services moved to existing pad mount TX for office trailers 3 pp! x 4 hrs

Ran new feed for streetlights destroyed by road crew 3 pp] X 8 hrs 80 fl bore, 120 fl trench total 200 fl

'	

4

8	

210.00

210.00	

840.00

1,680.00	
/'u		Total	$2,520.00	

SPF Underground Utililities, Inc. 1220 SW Dyer Point Rd
Palm City, FL 34990

Change Order Request

I

Avenir Community Development District

Name I Address

Date	Change Order#	
1/18/2023	C/0 3	

1772-263-0 I 02
I scott.spfunderground@gmail.com	I

Attn:	Keith O'Brien

CO	Pmject

-	1	-'

Avenir

Description	Qty	
Rate	
Total	
Avenir Spine Road Palm Beach Gardens Attn: Keith O'Brien					
Pump House Entrance					
Removed existing LP in entrance to pump station and relocated 17"		8	210.00	1,680.00	
HH in driveway on 12/14/22 3ppl x 8 hrs					
ESQ rental		I	510.00	510.00	

v.	

0				

Total	$2,190.00

SPF Underground Utililities, Inc. 1220 SW Dyer Point Rd
Palm City, FL 34990

Change Order Request

Date	Change Order#	
2/21/2023	C/0 4	

1772-263-0 I 02

scott.spfunderground@gmail.com

.----- -----.I.		.	

CO

Pmject

Avenir

Attn:

Keith O'Brien

.

I

Avenir Community Development District

Name / Address

Description	Qty	Rate	Total	
Avenir Spine Road  Palm Beach Gardens Attn: Keith O'Brien

Install additional 4" conduit for AIT (not included in original proposal)

Purchase 4" conduit for AIT  (not included in original proposal)

	

4,000

4,000	

2.50

I 1.00	

10,000.00

44,000.00	

Total	$54,000.00

it;	AVENIR	POD 20
LOCATION MAP	BEING A REPLAT OF A PORTION OF PARCEL A-1, AVENIR, AS RECORDED IN PLAT BOOK
NOT TO SCALE	127 PAGE 85, TOGETHER 'MTH A PORTION OF TRACT RBE8, AVENIR - POD 15, AS	-'
RECORDED IN PLAT BOOK 134 PAGE 179, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA LYING IN SECTIONS 9, 16 AND 17, TOWNSHIP 42 SOUTH, RANGE 41	iii,
EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.

u·
I	NORTH
DEDICATIONS AND RESERVATIONS,	DEDICATIONS AND RESERVATIONS:	KEY MAP
NOT TO SCALE
KNOW ALL MEN BY THE$£ PRES£NT'S THAT A\1£NIR DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND A\1£NIR COMMUNITY DEVELOPMENT	 5. TRACTS "LM1” AND “ LM2", AS SHO\\N HEREON, ARE HEREBY DEDICATED TO AVENIR COMMUNITY DEVELOPMENT DISTRICT, ITS SUCCESSORS AND DISTRICT, A LOCAL UNIT OF SPECIAL PURPOSE GOVERNMENT ESTABLJSl,EO PURSUANT TO CHAPTER 190, FLORIDA STATUTES, Ol'<NERS OF" T1"E LAND	 ASSIGNS, FOR ACCESS TO lliE ADJOINING STORM WATER MANACEMENT TRACT fOR PURPOS£S OF PERFORMING ANY AND ALL MAINTENANCE ACTIVITIES 51101\'N HEREON AS "AVENIR - POD 20", EIEING A REPLAT OF A PORTION OF PARCEL il.-1, A.VENIR, 1'5 RECORDED IN PLAT BOO!( 127 PAGE 85,	PURSUANTTOTHEMAINTENANCEOBLJGATIONOFSAIDAVENIRCOMMUNITYDEVELOPMENTDISTRICT.ITSSUCCESSORSANDASSIGNS,'MTHOUTRECOURSE
TOGE:THER Willi A PORTION OF IBACT RBE8, AVENIR - POD 15, AS RECORDED IN PLAT BOOK 134 PAGE 179, ALL or lliE PUBLJC RECORDS Of PALM	TO lliE CITY or PALM BEACH GARDENS. STRUCTURES AND LANDSCAPING MAY BE PERMITTED 'MllilN SAID TRACT AS APPROVED BY OR 'MTH PRIOR	

	
BEACH COUNTY, FLORIDA LYING IN S£CTIONS 9, 16 AND 17, TOWNSHIP 42 SOUlli, RANGE 41 EAST, CITY Of PALM BEACH GARDENS, PALM BEACH	\\RITTEN CONSENT Of lliE AVENIR COMMUNITY OEVELOPMENT DISTRICT ANO THE CITY Of PALM BEACH GARDENS	SHEET 1 OF 11
COUNTY,FLORIDA,BEINGMOREPARTICULARLYDESCRIBEDASFOI.LOWS·
6. TRACT "PARK-1” , AND "TRACT PARK-2" AS $HO""' HEREON, ARE HEREBY DEDICATED TO AVENIR - POO 20 NEIGHBORHOOD ASSOCIATION, INC.. ITS	lHIS INSTRUMENT PREPARED BY
COt,OAENCING AT lliE SOUlliWEST CORNER or TRACT RBE8, A\IENIR - POO 15, ACCORDING TO lliE PLAT lliEREOf, AS RECORDED IN PLAT BOOK 134,	SUCCESSORSANDASSIGNS,FOROPENSPACE,MAILKIOSK,PARKING,PARK,ANDRECREATIONALPURPOS£S,ALONG'MTHTHECONSTRUCTION,	RONNIE L F'URNISS
PACE179,PUBLICRECORDSOFPALMBEACHC0UNTY,FLORIDA,lliENCE.NORlliOO"OO'OO"EASTFORADISTANCEOF17.00FEETTOlliEBEGiNNING	MAINTENANCE. REPAIR, ANO REPLACEMENT or DRAINAGE LINES lliEREIN, AND IS THE PERPETUAL MAINTENANCE OBUGATION Of SAID ASSOCIATION, ITS	OF
Of A CURVE TO lliE RIGHT lliROUGH A CENTRAL ANGLE Of 59" OJ' 01", HAVING A RADIUS OF 140.00 FEET, HAVING AN ARC DISTANCE Of' 144.29	SUCCESSORSANDASSIGNS,'MlliOUTRECOURSETOlliECITYOFPALMBEACHGARDENS
fTlliROUGHACENTRALANGlEOF'28"06'02",HAVINGARADIUSor210.00FEET,HAVINGANARC	CAULFIELD and WHEELER, INC.
A CURVE TO lliE RIGHT lliROUGH A CENTRAL ANGLE OF 59" 03" 01·, HAVING A RADIUS Of 14000	7.TRACTS"0-1"lliROUGH"0-21",INCLUSIVE,ASSHO....,.HEREON,AREHEREBYDEDICATEOTOAVENIR-P0020NEIGHBORHOOOASS0CIATION,INC..	SURVEYORS - ENGINEERS - PLANNERS
lliENCE.N90'00"00"EFORAOISTANCEOf'202.26f'EETTOlliEBEGINNINGOFACURVE   TOlliE	ITS SUCCESSORS ANO ASSIGNS, FOR OPEN SPACE, LANDSCAPING, SIDEWALKS, BOARDWALK, SIGNAGE ANO OlliER STRUCTURES, DRAINAGE ANO UTILITY
37", HAVING A RADIUSOf960.00FEET, HAVING AN ARCDISTANCEOf664.79FEET; lliENCE	PURPOSES, ACCESS TO FIRE SAFETY EASEMENT, AND FOR ACCESS TO lliE AD.DINING STORM WATER MANAGEMENT TRACTS BY lliE AVENIR COMMUNITY	7900 GLADES ROAD, SUllE 100
POINT OF BEGiNNING; lliENCE S5079'23"E, A DISTANCE OF 285.52 FEET; THENCE S39"40'37"W, A	DEVELOPMENT DISTRICT FOR PURPOSES OF PERFORMING ANY AND ALL MAINTENANCE ACTIVITIES PURSUANT TO lliE MAINTENANCE OBLIGATIONS lliEREor,	BOCA RATON, FLORIDA 33434 - (561)392-1991
DISTANCE Of 113.62 FEET; lliENCE S65"38'05"W. A DISTANCE Of 26.85 FEET; lliENCE N74'45"56"W,	ANO ARE lliE PERPETIJAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION, IT$ SUCCESSORS ANO ASSIGNS, 'MlliOUT RECOURS£ TO lliE CITY or PALM	CERTIF'ICA lE Of AUlHORIZA TION NO. LB3591
A DISTANCE Of 80.45 f'EET: lliENCE s•1·33"4Q"w, A DISTANCE Of' 18.27 FEET; lliENCE 530·32•s5•w.	BEACH GARDENS
S30"J2'46"W, A DISTANCE Of 14.48 FEET: lliENCE S60"32'06"W, A DISTANCE or 11.74 FEET: lliENCE S33"36'01"w,	F'EBRUARY 2023
A DISTANCE OF 6585 f'EET: lliENCE S29"37'07"E, A DISTANCE OF 912 FEET; THENCE S23"49'27"W, A DISTANCE OF 43.60 FEET; THENCE S09"50'12"W,	8.  TRACT"0-22°ASSHO	,.HEREON,ISHEREBYDEOICATEDTOAVENIRCOMMUNITYOEVELOPMENTDISTRICT.ITSSUCCESSORSANDASSIGNS,fOR
A DISTANCE Of 36.07 f'EET; lliENCE S08"17'42"W. A DISTANCE or 3622 FEET; THENCE S00'20'14"E, A DISTANCE Of 35.46 FEET; lliENCE Sl678"48"W,	OPEN SPACE. LANDSCAPING, SIGNAGf:, DRAINAGE: ANO UTILITY PURPOS£S, SCl-tOOL BUS SHELTER US£, AND fOR ACCESS TO lliE ADJOINING STORM
ADISTANCEOF'18.97FEET;lliENCES00'20'12"E.ADISTANCEOF36.72FEET;lliENCES12-S8'51"E,ADISTANCEOF'24.84FEET;lliENCES00'20"09"E,	WATER MANAGEMENT TRACTS BY THE AVENIR COMMUNITY DEVELOPMENT DISTRICT FOR PURPOSES or PERFORMING ANY AND ALL MAINTENANCE
A DISTANCE or 21.# fEET; lliENCE S00'20'14"E, A DISTANCE OF 34.13 FEET; lliENCE S09"50'12·w. A DISTANCE or 33.04 FEET; lliENCE s10•30"36"E,	ACTIVITIES PURSUANT TO lliE MAINTENANCE OBLIGATIONS lliEREOf. AND IS lliE PERPETUAL MAINTENANCE OBLIGATION OF SAID DISTRICT, ITS	TITLE CERTIFICATION:
A DISTANCE Of 2128 FEET; lliENCE S47"56'27"W, A DISTANCE OF 12.90 FEET; lliENCE S89"39'46"W, A DISTANCE OF 3.98 FEET; lliENCE N32"59'27"W,	SUCCESSORS ANO ASSIGNS, 'MlliOUT RECOURSE TO lliE CITY Of' PALM BEACH GARDENS. TRACT "0-21" IS ALSO DEDICATED FOR PUBLJC ACCESS OVER	STATE OF FLORIDA)
A DISTANCE Of 65.08 FEET: THENCE S49"46'13"W, A OISTANCE Of 86.85 FEET; THENCE S41"33'43"W. A OISTANCE Of 20.88 FEET; THENCE S65"38"08"W,	ANY SIDEWALKS LOCATED lliEREON	COUNTY Of PALM BEACH)
A DISTANCE OF 6.22 FEET; lliENCE N4274'11"W, A DISTANCE OF 6.21 f'EET; lliENCE N4274'06"W, A DISTANCE OF 70.28 FEET: lliENCE S81"43'55"W, A
DISTANCE Of 55.48 FEET: lliENCE S89"39'46"W, A DISTANCE Of' 29.34 FEET; lliENCE N8376'33"W, A DISTANCE or 40.39 FEET; lliENCE N50'26"36"W, A
DISTANCE OF 6663 FEET; lliENCE S06"58'04"W, A DISTANCE Of 80.62 FEET; lliENCE S79"08'19"W, A DISTANCE OF 3865 FEET; lliENCE S20"41'50"W, A	 9. TRACTS"RBE1","RBE2","RBE3","RBE4" AND"RBE5". ASSHO""' HEREON, ARE HEREBY DEDICATED TOAVENIRCOMMUNITYDEVElOPMENTDISTRICT,	I, TYRONE T. BONGARD, ESQ.. A DULY LICENSED ATTORNEY IN lliESTATEorFLORIOA. DO DISTANCE OF 52.17 FEET; lliENCE S53"02'56"W, A DISTANCE or 1723 FEET; lliENCE N6I72'23"W. A DISTANCE OF 27.34 FEET; THENCE N32"59'25"W, A	ITS SUCCESSORS AND ASSIGNS, FOR PUBLIC ACCESS, BUFFER. DRAINAGE, LIGHTING ANO UTILITY PURPOSES. SAID TRACTS ENCUMBERED BY SAID	HEREBYCERTIFYlliATIHAVEEXAMINEOTHETITLETOTHEHEREONOESCRIBEDPROPERTY:THAT DISTANCE Of' 46.11 FEET; lliENCE N4274'06"W, A DISTANCE OF 56.50 FEET: lliENCE N67'J9"13"W. A DISTANCE OF 47.13 FEET; lliENCE N4274'03"W, A	 ROADWAY BUFFER EAS£MENTS SHALL BE THE PERPETIJAL MAINTENANCE OBLIGATION or rnE AVENIR COMMUNITY DEVELOPMENT DISTRICT. ITS	IFlNOlliETITI.£TOlliEPROPERTYISVESTEOINAVENIROEVELOPMENT,U.C,AFLORIDALIMITED DISTANCE Of' 67.49 FEET; lliENCE N77"#'12"W, A DISTANCE or 22.09 FEET; lliENCE N20"04'40"W, A DISTANCE OF 17.74 FEET; lliENCE N16"59'06"W, A	 SUCCESSORSANDASSIGNS,'MlliOUTRECOURS£TOlliECITYOFPALMBEACHGARDENS.	 LIABILITYCOMPANYANOAVENIRCOMMUNITYOEVELOPMENTDISTRICT,ALOCALUNITOfSPECIAL
DISTANCE OF 900 FEET: lliENCE N23"49'24"E. A DISTANCE OF 22.61 FEET; lliENCE N00"20'09"W, A DISTANCE OF 23.28 FEET: lliENCE N27"57'31"E, A	PURPOS£C0VERNMENTESTABLISHEDPURSUANTTOCHAPTERl90,FLORIDASTATIJTES;lliATTHE
DISTANCE Of 26.49 FEET; THENCE N3579'59"E. A DISTANCE Of 40.77 FEET; lliENCE N1278'26"E, A DISTANCE or 30.83 FEET; lliENCE N0870'03"E, A	10. lliE UTILITY EASEMENTS, AS SHO""' HEREON AND DESIGNATED AS "UE". ARE HEREBY DEDICATED IN PERPETUITY TO AU. GOVERNMENTAL ENTITIES	CURRENT TAXES HAVE BEEN PAID; lliAT ALLMORTGA(;ESNOTSATISf'IED ORRELEAS£D Of DISTANCE OF 43.95 FEET: lliENCE N20'04'40"W, A DISTANCE Of' 49.15 FEET: lliENCE N6678'25"W, A DISTANCE Of 30.88 F'EET; lliENCE N24'29'47"W, A	 ANO PUBLJC UTILJTIES TO INSTALL. OPERATE AND MAINTAIN lliEIR RESPECllVE FACILITIES. SUCH UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR
DISTANCE Of' 22.77 FEET; lliENCE N50'26'31"w, A DISTANCE or 25.62 FEET; lliENCE N12"58'43"W, A DISTANCE or 22.88 FEET; lliENCE N4274'06"W, A	lliE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION Of CABLE TELEVISION S£RVICESBY AV BROADBAND, LLC, A FLORIDA LIMITED	g R Eso:E: DTEB Mt¢H  =R:: ES  o  El1: E RAE Tl:=Rt
DISTANCE OF 33.46 FEET; THENCE N53"43'\2"W, A DISTANCE OF 26.40 FEET; THENCE N30'04'43"W. A DISTANCE Of 6.77 FEET; lliENCE N09"50'18"E, A	LIABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS. lliE CONSTRUCTION, INSTALLATION, MAINTENANCE. ANO OPERATION or CABLE TELEVISION SERVICES
DISTANCE Of 35.53 FEET; lliENCE N21"22'06"W, A DISTANCE Of 6276 FEET; lliENCE N6678'31"W. A DISTANCE or 37.97 FEET: THENCE N56"33'44"W, A	SHALL NOT INTERFERE 'Mlli THE FACILJTIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS. OR OlliER PUBLJC UTILITY IN THE EVENT A CABLE	SUBOIVISIONOEPICTEOBYTHISPLAT DISTANCE OF 27,42 FEET; lliENCE N4274"01"w, A DISTANCE Of 41.73 FEET: lliENCE N6112'17"W, A DISTANCE OF 19.13 FEET: lliENCE N72'40"1e·w. A	 TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, SUCH CABLE TELEVISION COMPANY SHALL BE SOI.ELY RESPONSIBLE FOR lliE
DISTANCE or 35.64 FEET: lliENCE N4213'59"W, A DISTANCE or 25.31 FEET; lliENCE N76'25'26"W, A DISTANCE Of 61.14 FEET; lliENCE S89"39'46"W, A	DAMAGf:S.SUCHCONSTRUCTION,INSTALLATION,MAINTENANCEANDOPERATIONSHALLCOMPLY'MllilliENATIONALELECTRICSAFETYCOOEASADOPTEO
DISTANCE Of 27.48 FEET; THENCE N77"46'03"W, A DISTANCE OF 21.45 FEET: lliENCE N6172'17"W, A DISTANCE Of 3942 FEET; lliENCE S46"46'40"W, A	BY lliE FLORIDA PUBLIC S£RVICE COMMISSION. LANDS ENCUMBERED BY SUCH EASEMENl'5 SHALL BE lliE PERPETUAL MAINTENANCE RESPONSIBILITY or DISTANCE Of 66.25 FEET; THENCE S35'46°48"W, A DISTANCE OF 4235 FEET; lliENCE S52"16'I4•w. A DISTANCE or 90.40 FEET: THENCE S3275'59"W, A	 lliE UNDERLY1NG LANO OWNER. WllliOUT RECOURSE TO lliE CITY Of PALM BEACH GARDENS
DISTANCE OF 108.14 FEET: lliENCE S19"24'24"W, A DISTANCE OF 39.65 F'EET; lliENCE S00'20'00"E. A DISTANCE OF 28.58 F'EET; lliENCE S00'20'12"E, A	E - RD, ESQ
DISTANCE OF 26.64 FEET; lliENCE S1618'53"W, A DISTANCE OF 42.82 FEET; lliENCE S21'22'03"E, A DISTANCE Of 56.12 FEET; lliENCE S3173'10"E, A	11. lliESEACOASTUTILITYAUlliORITYEAS£MENTS, AS SHOWN HEREON, ANDDESIGNATEDAS"SuAE", AREHEREBYDEDICATEDINPERPETUITYTO	FLORIDABARf649295
OISTANCEOF30.03FEET;lliENCES6172'24"E,AOISTANCEOF32.70FEET;lliENCES6678'18"E,ADISTANC'EOF27.39FEET;THENCES50'26'32"E,A	 S£ACOAST UTILITY AUlliORITY, ITS SUCCESSORS AND ASSIGNS, FOR rnE INSTALLATION, OPERATION, AND MAINTENANCE or WATER AND S£WER FACILITIES	FOR lliE FIRM Of GUNSTER, YOAKLEY & STEWART, P.A OISTANCEOf25.57FEET:THENCES53"43'12"E,AOISTANCEOF38.83FEET:lliENCES4274'08"E,ADISTANCEOf32.59F£ET;lliENCES16"59'06"E.A	LANDS ENCUMBERED BY SAID EASEMENT SHALL BE THE PERPETUAL MAINTENANCE RESPONSIBILJTY Of THE UNOERLY1NG LANDOWNERS, WllliOUT
DISTANCEOf31.47FEET:lliENCES12"58'4l"E,AOISTANCEOF'23.06FEET:lliENCES08"50'2l"E,ADISTANCEOF'J7.14F'EET;lliENCES14"42'49"E,A	RECOURSETOSEACOASTUTILITYAUlliORITYORlliECITYOfPALMBEACHCAROENS
DISTANCE Of 47.20F'EET: lliENCES24"29'50•E, ADISTANCEOf34.#FEET; lliENCES50'26'32"E, A DISTANCEOF30.93F'EET; lliENCES36'00'18"E, A
DISTANCEor42.92FEET;lliENCES74"45'57"E.AOISTANCEor52.09FEET;lliENCES66"18'25"E,ADISTANCEOF3323FEET:THENCEN89"39'51"E,A	SURVEY NOTES:
OISTANCEOf4107FEET:THENCES79"48'42"E,AOISTANCEOf22.37FEET;lliENCES4274'04"E.ADISTANCEOF54.64FEET;THENCES64"32'36"E,A	12. lliELANDSCAPEBUFFEREAS£MENTSDESIGNATEOAS"LBE".ASSHO\\NHEREON,AREHEREBYOEDICATEOTOAVENIRCOMMUNITYDEVELOPMENT
DISTANCEOF'J4.4IFEET:lliENCES50"36'43"E,AOISTANCEOF55.57FEET;lliENCES79"48'48"E,ADISTANCEOFJ7.19FEET:lliENCES6678'25"E.A	D!STRICT,ITSSUCCESSORSANDASSIGNS,FORLANDSCAPEBUFFERPURPOS£S.LANOSENCUMBEREDBYSAIDEAS£MENTSrSeHA:LLBElliEPERPETIJAL DISTANCEOF3385FEET:lliENCES10"30'29"E,AOISTANCEOF31.77FEETTOlliEPOINTOFCURVATUREorACURVECONCAVETOTHESOUlliWEST,		E :;r;:? 1;1/ D™ E E -A E :u fif E  :l PR :oou6RRE  I 1:;T i;:	B5tc 2A:	1. INlliOS£CASES'MtEREEASEMENTSorDIFFERENTTYPESCROSSOROlliERWISECOINCIDE,
DISTANCEOF'59.52FEET;lliENCES79'48'47"E,ADISTANCEOf42.71FEET:lliENCES12'58'43"E,ADISTANCEOf32.30FEET;lliENCES28"37'53"E.A	I	51
HAVING A RADIUS OF 210.00 FEET FROM 'MtlCH A RADIAL LJNE BEARS SOUTH 14"16'03" T;  lliENCESOUlliERLY. ALONG SAID CURVE TO THE RIGHT.	COMMUNITYDEVELOPMENTDISTRICTANDlliECITYOfPALMBEACHGARDENS.	DRAINAGE EASEMENTS SHAU. HAVE FIRST PRIORITY, UTILJTYEASEMENTS SHALL HAVE SECOND
lliROUGHACENTRALANGLEOF'64"58'03",ADISTANCEOF'238.12FEET:    lliENCEN81"43'56"E,ADISTANCEOF'6J.19FEET;    lliENCES44"33'39"E,A	PRIORITY, ACCESS EASEMENTS SHAU. HAVE llilRO PRIORITY, AND ALL OTHER EASEMENl'5 SHALL BE
DISTANCE Of 78.23 fEET; lliENCE S7B12'30"W, A DISTANCE Of 46,80 FEET; lliENCE ss1-oe·21·w. A DISTANCE or 57.71 FEET; lliENCE S3713'32"W, A	 13 ORAINAGEEASEMENTSOESIGNATEOAS"DE".ASSHOWNHEREON,AREHEREBYRES£RVEOFORAVENIRCOMMUNITYDEVELOPMENTDISTRICT,ITS	SUBORDINATETOlliESE'MllilliEIRPRIORITIESBEINGOETERMINEDBYUS£RIGHTSl,RANTED   DISTANCE OF 8089 FEET; lliENCE S23"49'28"W, A DISTANCE Of 62.91 FEET; lliENCE S28"56'45"W. A DISTANCE Of 46.52 FEET: THENCE 564"07'55"W, A	SUCCESSORSANDASSIGNS.FORSTORMWATERMANAGEMENTANDORAINAGEPURPOSESANDARElliEPERPETUALMAINTENANCEOBLJGATIONOFSAID
DISTANCE OF 24.87 FEET: lliENCE N74"45'59"W, A DISTANCE OF 15.61 FEET; lliENCE N85"47'04"W. A DISTANCE OF 82.93 FEET; lliENCE S7S74'24"W, A	AVENIRCOMMUNITYDEVELOPMENTDISTRICT,ITSSUCCESSORSANOASSIGNS,'MlliOUTRECOURSETOlliECITYOfPALMBEACHGARDENS	2.   BUILDINGSETBACKLINESSHALLBEASREQUIREDBYCURRENTCITYOfPALMBEACHGAROENS
DISTANCE or 75.26 FEET: lliENCE S83'52"43"W, A DISTANCE OF 54.18 FEET; THENCE N77'46'12"W, A DISTANCE Of 14.55 FEET; lliENCE N37'07'1J"W, A	ZONING REGULATIONS
DISTANCE Of 36.13 FEET; lliENCE N37'07'14"W, A D,STANCE OF 48.31 FEET; lliENCE N50"26'36"W, A DISTANCE OF 41.94 fEET; lliENCE S8318'17"W, A	14.    FlRESAFETYACCESSEASEMENT,ASSHOWNHEREONANOOESIGNATEDA“SFS”£,ISHEREBYOEDICATEDINPERPETIJITYTOlliEAVENIRCOMMUNITY
DISTANCE Of 59.43 FEET; lliENCE N69"57'17"W, A DISTANCE OF 29.90 FEET; lliENCE N74"45'59"W, A DISTANCE OF 4322 FEET; lliENCE N61"12'19"W, A	DEVELOPMENTOISTRICT,ITSSUCCESSORSANDASSIGNS,FORlliEPURPOS[orACCESS,CONTROLANO-llRISOICTIONFORFlRESAFETYSTRUCTURES,	3.    NOBUILDINGSORANYKINDOFCONSTRUCilONORTREESORSHRUBSSHALLBEPLACEOON
DISTANCE Of 46.81 FEET; THENCE N6172°l9"W, A DISTANCE OF 75.67 FEET: lliENCE S26"48'29"W. A DISTANCE OF 63.83 FEET: lliENCE S6977'01"W, A	FENCING OR VEGETATION, OlliER lliAN SOD. ARE PROHIBITED 'MllilN lliE EAS£MENT. RETAINING WALLS 'MU. BE ALLOWED WlllilN lliE EASEMENT. LANDS	AN EASEMENT 'MlliOUT PRIOR 'M<ITTEN CONSENT or AU. EASEMENT BENEFICIARIES AND All DISTANCE or 41.42 FEET; lliENCE S74'05'45"W. A DISTANCE Of 42.43 FEET; THENCE se1·44•oo·w, A DISTANCE Of 53.15 F'EET; lliENCE S35'03'57"W, A	ENCUMBERED BY SAID EAS£MENT SHAU. BE lliE PERPETUAL MAINTENANCE OBLJGATION OF SAID AVENIR COMMUNITY DEVELOPMENT DISTRICT 'MTHOUT	APPLICABLE CITY APPROVALS OR PERMITS AS REQUIRED FOR SUCH ENCROACHMENTS
DISTANCE Of 1015.37 FEET; lliENCE S507J'47"w, A DISTANCE or 53.26 FEET; lliENCE S33'26'47"w, A DISTANCE: or 620,45 FEET TO lliE BEGiNNING	RECOURS£TOTHECITYOFPALMBEACHGAROENS
OF A CURVE TO lliE LEFTlliROUCH A CENTRAL ANGLE or 32"47' 43", HAVING A RADIUS OF 920.00 FEET. HAVING AN ARC DISTANCE or	526.59
FEET,AN0\\11DSELONGCHORDBEARSSOUTH17"02°56" TFORADISTANCEOF519.43FEET: lliENCES00"39'05"W.ADISTANCEOF427.54FEET;		 4. BEARINGS SHO....,. HEREON ARE RELATIVE TO A PLAT BEARING Of SOUlli 50 9'23" EAST lliENCE S07-S2'46"E. A DISTANCE or 202.24 FEET: lliENCE soo•39•os·w. A DISTANCE or 335,17 F'EET lliENCE S44"20'55"E, A DISTANC£ or 141.42	15. RETAINING WAU. ACCESS EASEMENT, AS SHOWN HEREON, AND DESIGNATED AS "RWAE", IS HEREBY DEDICATED TO AVENIR - POO 20 NEIGHBORHOOD	ALONGlliENORlliLJNEOFTRACTRBE8,AVENIR-P0015,ASRECORDEOINPLATB00+(134    FEET: lliENCE N89"20'55"W, A DISTANCE Of 213.61 FEET: lliENCE N88"54'50"W, A DISTANCE Of 207.15 FEET; lliENCE N45"52'07"E, A DISTANCE Of	 ASSOCIATION, INC.. ITS SUCCESSORS AND ASSIGNS. FOR lliE INSTAU.ATION, OPERATION, ANO MAINTENANCE OF RETAINING WALLS, DRAINAGE AND	  PAGE179,orlliEPUBLICRECOROSorPALM8EACHCOUNTY,FLORIOA.
141.96FEET:lliENCEN00"39'05"E,ADISTANCEor333.61FEET;THENCEN0970'55"E,AOISTANCEOF202.24FEET;THENCEN00"39'05"E,ADISTANCE	UTILITIES AND FOR PURPOS£S OF PERFORMING ANY AND ALL MAINTENANCE ACTIVITIES PURSUANT TO lliE MAINTENANCE OBLJGATIONS lliEREOf, AND ARE
OF427.54FEETTOTHEBEGINNINGorACURVE    TOTHERIGHTlliROUGHACENTRALANGL£or32"47'43".HAVINGARAOIUSOf1080.00FEET,	lliEPERPETIJALOBLIGATIONOfSAIOASSOCIATION,ITSSUCCESSORSANOASSIGNS.'MTHOUTRECOURSETOlliECITYOfPALMBEACHGARDENS	5. LJNES INTERSECTING CURVES ARE NON-RADIAL UNLESS SHO\\N OlliER'MSE
HAVINCANARCDISTANCEOF618.18FEET.AND\\110SELONCCHORDBEARSN0Rlli17"02'56"EASTFORAOISTANCEOF'609.77FEET;  lliENCE
N33'26'47"E,ADISTANCEOf950.76FEETTOTHEBEGINNINGOfACURVE TOlliELEFTlliROUGHACENTRALANGlEor33"26'47",HAVINGA	6. "NOTICE"llilSPLAT,ASRECORDEDINITSGRAPHICFORM,ISlliEOFFICIALDEPICTIONOF' RADIUS or 920.00FEET, HAVING AN ARC DISTANCE OF537.05 FEET, ANO 'MtOSELONGCHORDBEARSNORlli \6"43' H"EASTFOR A DISTANCE OF
529.46FEET:lliENCENOO'OO'OO"E,AOISTANCEOF1837.71FEET:THENCEN90'00'00"E,ADISTANCEOfl60.00FEET°THENCENOO'OO'OO"E,ADISTANCE	AVENIR DEVELOPMENT, LLC,	lliE SUBDIVIDED LANDS DESCRIBED HEREIN AND 'MLL IN NO CIRCUMSTANCES BE SUPPLANTED IN
OF17.00F'EETTOlliEBEGINNINGOf'ACURVE TOlliERIGHTlliROUCHACENTRALANGLEOF59"03'01",HAVINGARAOIUSOF100.00FEET.HAVING	A FLORIDA LIMITED LIABILITY COMPANY,	AUlliORITY BY ANY OlliER GRAPHIC OR DIGITAL FORM Of lliE PLAT. lliERE MAY BE ADDITIONAL ANARCDISTANCEOFt03.06FEET,AND\\I-IOS£LONGCHOROBEARSNORlli29"31'30"EASTfORADISTANCEOF98.56FEETTOlliEBEGiNNINGor
A CURVE TO lliE LEFT lliROUCH A CENTRAL ANGLE OF28'06'02", HAVING A RADIUS or 250.00FEET, HAVING AN ARC DISTANCE Of 12261 FEET,	STATE OF FLORIDA)	RESTRICTIONS lliAT ARE NOT RECORDED ON THIS PLAT lliAT MAY BE FOUND IN lliE PUBLIC
AND\\110SELONGCHORDBEARSNORTH45"00'00"EASTFORADISTANCEOF121.39FEETTOlliEBEGINNINGOfACURVE TOlliERIGHTTHROUGH	COUNTY OF MIAMI-DADE)	RECO!<DSorPALMBEACHCOUNTY. ACENTRALANGl.EOF'59"03"01",HAVINGARADIUSOF'100.00FEET,HAVINGANARCDISTANCEOF'I03.06FEET,AND'MtOSELONGCHORDBEARS
N0Rlli60"28'30"EASTFORAD!STANCEOf'98.56FEET;lliENCE,N90'00'00"E,ADISTANCEor202.26FEETTOlliEBEGINNINGOfACURVETOlliE		 7. ALL INSTRUMENTS $HO""' ON llilS PLAT ARE RECORDED IN lliE PUBLIC RECORDS Of PALM RIGHTTHROUGHACENTRALANGLEOF39"40'37",HAVINGARAOIUSOF92000FEET,HAVINGANARCDISTANCEOf637.09FEET,AN011110SELONG	E ti S[ gEg,B BE ; SE :E ; r°EVELOPMENT, U.C, A FLORIDA LIMITED LIABILJTY COMPANY, HAS CAUS£0	BEACH COUNTY.FLORIDA.
CHORD BEARS sourn 70" 09' 41" EAST FOR A DISTANCE Of 624,U FEET; lliENCE, S5079'23"E, A DISTANCE or 814.19 FEET; THENCE. NOS" 19" 23" W
FORADISTANCEOF'S6.57F'EETTOlliEPOINTOFBEGiNNING.	AND ITS COMPANY SEAL TO BE AFFIXED HERETO, THIS 	 DAY or 	
CONTAINING71.676ACRES,MOREORLESS	AVENIRDEVELOPMENT,LLC.	SURVEYOR'S CERTIFICATE:
AF'LORIOALJMITEDLIABILITYCOMPANY	llilS IS TO CERTIFY lliAT lliE PLAT SHO....,. HEREON IS A TRUE AND CORRECT
SUB.£CT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-Of-WAY Of RECORD	REPRESENTATIONOf'ASURVEYMADEUNDERMYRESPONSIBLEOIRECilONANOSUPERVISION:
lliATSAIDSURVEYIS ACCURATE TO lliE BESTOfMYKNO'M.EDGE ANO BELJEF: lliAT
PERMANENTREFERENCEMONUMENTS(P.R.M.'S)ACCORDINGTOSEC.177.091(7).F.S. HAVE 8EENPLACEDANDPERMANENTCONTROI.POINTS(P.C.P.'S)ACCOROINGTOS£C.177.091(8)
TRACT "Rl", AS SHOWN HEREON, IS HEREBY DEDICATED TO AVENIR COMMUNITY DEVELOPMENT DISTRICT, ITS SUCCESSORS ANO ASSIGNS, FOR	BY:MANUELl,tr.tAT()	'MU. BE PLACED AS REQUIRED BY LAW ANO lliAT MONUMENTS ANO PERMANENT CONTROL
PUBLIC ACCESS, ROADWAY, PARKING, DRAINAGE, UTILITY AND RELATED PURPOSES. SAID TRACT SHAU. BE THE PERPETUAL MAINTENANCE RESPONSIBILITY	PRESIDENT	POINTS(P.C.P.'S)'MU.BESETUNDERTHEGUARANTEESPOSTEO'MlliTHECITYorPALM
OFSAIDC.D.O.. ITSSUCCESSORSANDASSIGNS,'MTHOUTRECOURS£TOlliECITYOFPALMBEACHGARDENS. lliECITYOfPAL1,1BEACHGARDENS	:R isi  ,,------	BEACHGARDENSFORTHEREQUIREOIMPROVEMENTS, ANDFIJRlliER,lliATTHEPLATANO
SHALL HAVE lliE RIGHT, BUT NOT lliE OBLIGATION, TO PERFORM MAINTENANCE 'Mlli RESPECT TO TRACT "Rl", AN EAS£MENT OVER SAID TRACT IS	SURVEYDATACOMPLIES'MlliALLlliEREOUIREMENTSOfCHAPTER177,PARTl,PLATTING,
HEREBY DEDICATED IN PERPETUITY TO S£ACOAST UTILITY AUlliOR\TY, ITS SUCCESSORS ANO ASSIGNS, FOR lliE INSTALLATION, OPERATION, ANO	Fl.ORIDASTATUTES,ASAMENOED MAINTENANCE Of WATER AND SEWER FACILJTIES. LANDS ENCUMBERED BY SAID EASEMENT SHALL BE lliE PERPETUAL MAINTENANCE RESPONSIBILITY Of
lliE UNDERLYING LANDO....,.ER, 'MlliOUT RECOURSE TO SEACOAST UTILITY AUlliORITY OR lliE CITY OF PALM BEACH GARDENS.	AVENIR DEVELOPMENT, LLC,

TRACT "R", AS SHOWN HEREON, IS HEREBY DEDICATED TO AVENIR - POD 20 NEIGHBORHOOD ASSOCIATION, INC A FLORIDA NOT-FOR-PROFIT	A FLORIDA LIMITED LIABILITY COMPANY.
CORPORATION, ITS SUCCESSORS ANO ASSIGNS, FOR PRIVATE ACCESS, ROADWAY, PARKING, SIDEWALK, DRAINAGE, SIGNAGE. GATE. UTILITY AND RELATED	ACKNO'NLEDGEMENT:	; iis : ou:VEYOR MAPPER 16272 PURPOSES. SAID TRACT SHALL BE THE PERPETUAL MAINTENANCE RESPONSIBILJTY OF SAID ASSOCIATION, ITS SUCCESSORS ANO ASSIGNS, 'MlliOUT
RECOURS£ TO rnE CITY or PALM BEACH GARDENS, AN EAS£MENT OVER TRACT "R", AS SHOWN HEREON. IS HEREBY DEDICATED IN PERPETIJITY TO	STATE or FLORIDA)
S£ACOAST UTILITY AUTHORITY, ITS SUCCESSORS ANO ASSIGNS, FOR lliE INSTALLATION, OPERATION, ANO MAINTENANCE or WATER AND S£WER FACILITIES	COUNTY or MIAMI-DADE)	CAULFIELDAND'M-IEELER,INC
LANOSENCUMBEREDBYSAIDEASEMENTSHALLBElliEPERPETUALMAINTENANCERESPONSIBILITYOflliEUNDERlY1NGLANDO....,.ER,'MlliOUTREC0URS£	SURVEYORS-ENGINEERS-PLANNERS
TOSEACOASTUilLITYAUlliORITYORlliECITYOF'PALMBEACHGARDENS	7900GLAOESROAD,SUITEtOO
lliE FOREGOING INSTRUMENT WAS ACKNO'M.EOGED BEFORE ME BY MEANS Of_  PHYSICAL PRESENCE OR   ONLJNE	80CARATON,FLORIOA33434
TRACTS "RWl", "RW2" AND "RW3", AS SHO....,. HEREON, ARE HEREBY DEDICATED TO AVENIR COMMUNITY DEVELOPMENT DISTRICT, ITS SUCCESSORS AND	NOTARIZATION. rnIs ----- CAY Of	- 2023, BY MANUEL M. MATO, PRESIDENT, ON BEHALF OF	<g: 3
ASSIGNS, FOR PUBLJC ACCESS, ROADWAY, DRAINAGE, UTILITY AND RELATED PURPOS£S. SAID TRACTS SHAU BE lliE PERPETUAL MAINTENANCE	AVENIR DEVELOPMENT, LLC, A FLORIDA LJMITED UABILITY COMPANY, ON BEHALF OF lliE LJMITED LIABILITY COMPANY, 11110 IS	ii; :l or AUlliORIZATION NO. LB
RESPONSIBILJTY OF lliE AVENIR COMMUNITY DEVELOPMENT DISTRICT. ITS SUCCESSORS ANO ASSIGNS, 'MTHOUT RECOURSE TO THE CITY or PALM BEACH	  PERSONALLY KNO\\N TO ME OR HAS PRODUCED 	 AS IDENTIFICATION
CARDENS.    lliECITYOFPALMBEACHGARDENSSHALLHAVElliERIGHT,BUTNOTlliEOBLJGATION,TOPERfORMMAINTENANCE'MlliRESPECTTO
TRACTS "RWl", "RW2" AND "RW3", AN EAS£MENT OVER TRACTS "RWl", "RW2" ANO "RW3", AS SHO....,. HEREON, IS HEREBY DEDICATED IN PERPETIJITY TO S£ACOAST UTILITY AUlliORITY, ITS SUCCESSORS ANO ASSIGNS, FOR lliE INSTALLATION, OPERATION AND MAINTENANCE or WATER ANO S£WER FACILITIES LANDS ENCUMBERED BY SAID EASEMENT SHAU. BE lliE PERPETUAL MAINTENANCE RESPONSIBILJTY or rnE UNDERLY1NG LANDOWNER, ITS SUCCESSORS
ANDASSIGNS,'MTHOUTRECOURSETOS£AC0ASTUTILITYAUlliORITYAND'MlliOUTRECOURSETOlliECITYOFPALMBEACHCARDENS	'1111NESSMYHANDANOOF'f'ICIALS£ALTHIS  	DAYOf 	

TRACTS "W1” AND “W2", AS SHOWN HEREON, ARE HEREBY DEDICATED TO AVENIR COMMUNITY DEVELOPMENT DISTRICT, ITS SUCCESSORS ANO ASSIGNS, FOR PUBLIC ACCESS, STORM WATER MANAGEMENT ANO DRAINAGE PURPOS£S ANO SHALL BE lliE PERPETUAL MAINTENANCE OBLJGATION Of SAID AVENIR
COMMUNITY DEVELOPMENT DISTRICT. ITS SUCCESSORS ANO ASSIGNS. 'MlliOUT RECOURSE TO rnE CITY or PALM BEACH GARDENS
COMMISSKlNNUMBER			

	AVENIR	POD 20			

BEING A REPLAT OF A PORTION OF PARCEL A-1, AVENIR, AS RECORDED IN PLAT BOOK
127 PAGE 85, TOGETHER WITH A PORTION OF TRACT RBEB, AVENIR - POD 15, AS RECORDED IN PLAT BOOK 134 PAGE 179, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING IN SECTIONS 9, 16 AND 17, TOWNSHIP 42 SOUTH, RANGE 41
EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.
THIS INSTRUMENT PREPARED BY RONNIE L. FURNISS
OF
CAULFIELD and WHEELER, INC. SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991 CERllflCA TE Of AUTHORIZATION NO. LB3591 FEBRUARY 2023		
	''			
	" iii,,			

	I	

NORTH			
	KEY MAP			
	NOT TO SCALE			

MORTGAGEE'S JOINDER AND CONSENT:	SHEET 2 OF 11

CITY OF PALM BEACH GARDENS APPROVAL OF PLAT:
STATE Of FLORIDA) COUNTY OF PALM BEACH)

THIS PLAT IS HEREBY APPROVED /ECORD. THIS 	 DAY OF

ATTEST 	
PATRICIASNIDER,CMC CITYCLERK

THIS PLAT IS HEREBY APPROVED /ECORD, THIS 	 DAY Of

TODDENGI.E,P.E CITY ENGINEER

CERTIFICATE OF REVIEW BY CITY'S SURVEYOR:
THIS PLAT HAS BEEN RE"1EWED fOR CONFORMITY IN ACCORDANCE 'MTH CHAPTER
8 1 lR:N'iH r:1 ws TgLU EE D	n ;ECE  6:
OR THE FIELD VERIFICATION OF MONUMENTS AT LOT CORNERS

CITYOFPALMBEACHGARDENS	:
ENGINEER	
		STATEOF"FLORIOA)		

AVENlR COMMUNITY DEVELOPMENT DISTRICT
STATEOf'FLORIDA) COUNTYOf'MIAMI-DADE)

IN TNESS \\l-1£REOF, THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, A LOCAL UNIT OF SPECIALPURPOSEGOVERNMENTORGANIZEDANDEXISTINGPURSIJANTTOCHAPTERl90,   FlORIOA STATUTES, HAS CAUSED THESE PRESENTS TO BE SIGNED FOR ANO ON ITS
BEHALFBYTHECHAIRMANOfll'SBOAROOFSUPERVISORS,ANOIT'SCORPORATESEAL   TO BE AfflXED HERETO, THIS   DAY Of 	 2023.	
AVENIR - POD 20 NEIGHBORHOOD ASSOCIATION, INC, A FLORIDA CORPORA110N NOT FOR PROFIT.
IN'MTNESS\\l-1EREOF,THEABOVENAMEDAVENIR-P0020NEl(,HBORHOOOASS0CIATION,    INC,AFLORIDACORPORATIONNOTFORPROFIT,HEREBYACC(Pl'STHEDEDICATIONSTOSAID    ASS0CIATIONASSTATEOH£REON.ANDH£REBYACCEPT'Sll'SMAINTENANCEOBLIGATIONSFOR   SAME AS STATED HEREON AND HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS PRESIDENT ANO IT'S 00MPA N SEAL TO BE AfflXED HERETO, THIS 	 DAY OF
2 0 3	
THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE HOI.OER Of A MORTGAGE, UPON THE PROPERTY DESCRIBED HEREON AND DOES HEREBY J'JIN IN AND CONSENT TO THE DEDICATIONOFTHELANDDESCRIBEDINSAIDDEDICATIONBYTHEOIYNERTHEREOFAND   AGREES THAT ITS MORTGAGE 'M·IICH IS RECORDED IN OFFICIAL RECORDS 80'.)t( 32576, AT PAGE1J96,ASAMENOEDOfTHEPUBLICREC0RDSCf"PAL.MBEACHC0UNTY,FlORIDA.
SHAlLBESUBORDINATEDTOTHEOEDICATlONSHQ\'ll'jHEREON

y tST :irRE J A l t YA ;s'M U	o: s: T DSl EO DIRECTORS THIS 	 DAY OF 		 2023		
	AVENIR - POD 20 NEIGHBORHOOO ASSOCIATION,INC,AFLORIDACORPORATION NOT FOR PROFIT.	
AVENIRHOI.DINGS.LLC
A FLORIDA LIMITED LIABILITY COMPANY		
 	
BY:"1RGINIACEP£RO
CHAIRMAN	

			

 	
,NaAM,E		

AVENIR COMMUNITY DEVELOPMENT DISTRICT
ACKNO'M...EDGEMENT:
STATE OF FLORIDA)	
AVENIR - POD 20 NEIGHBORHOOD ASSOCIATION, INC, A
FLORIDA CORPORATION NOT FOR PROFIT: ACKNO'M...EDGEMENT:	
ACKNO'M...EDGEMENT:
STATE OF FLORIDA) COUNTY OF PALM BEACH)		
COUNTY Of MIAMI-DADE)	STATE OF FLORIDA)			
THE FOREGCMNG INSTRUMENT WAS ACKNO\\\..EOGED BEFORE ME BY MEANS OF _ PHYSICAL PRESENCE OR   ONLINE NOTARIZATION. THIS 	 DAY Of
	 2023, BY "1RGINIA CEPERO, CHAIRMAN Of THE BOARD Of
SUPERV1SORS Of THE AVENIR COMMUNITY DEVELOPMENT DISTRICT. A LOCAL UNIT OF SPECIAL PURPOSE GOVERNMENT ESTABLISHED PURSUANT TO CHAPTER 190. FLORIDA
: : A L:;riK t g iNl:A;OM i 0 E EVELOPMENT DISTRICT. 1\1-10  IS A5
IDENTiflCATION	COUNTY OF MIAMI-DADE)

THE FOREGOING INSTRUMENT WAS ACKNO\\\..EDG(D BEFORE ME BY MEANS Of  
PHYSICAL PRESENCE OR   ONLINE NOTARIZATION, THIS 	 DAY OF
,,, ,7,,-_ ,oo=,7, ,, ,.,=BORH2 · A ; ; 1 C.MAAT ?g:;OR c!E Lf r
PROFIT, ON BEHALF Of THE AVENIR - POD 20 NEIGl1BORHOOO ASSOCIATION, INC, A
FLORIDA CORPORATION NOT FOR PROFIT, 'M-10 IS   PERSONALLY KNOWN TO ME OR HAS PRODUCED 	 AS IDENTIFICATION	
THE FOREGOINC INSTRUMENTWASACKNO\\\..EOCED BEfORE ME BY MEANS Of_ PHYSICAL PRESENCE OR _ ONLINE NOTARIZATION. THIS 	 DAY OF
	 202J, BY 	 ON BEHALF Of
AVENIRHOLDINGS,LLC,LLC,AFlORIDALIMITEDLIABILITYCOMPANY,ONBEHALFOFTHE    LIMITED LIABILITY COMPANY, 'M-10 IS_  PERSONALLYKNO\\N TO ME OR HAS PRODUCED
	 AS IDENTIFICATION		

 		'l1HNESS MY HAND '-ND OfflCIAL SEAL THrs 	 DAY OF 		

		

AVENIR	POD 20
-'	BEING A REPLAT OF A PORTION OF PARCEL A-1, AVENIR, AS RECORDED IN PLAT BOOK
127 PAGE 85, TOGETHER WITH A PORTION OF TRACT RBEB, AVENIR - POD 15, AS
RECORDED IN PLAT BOOK 134 PAGE 179, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING IN SECTIONS 9, 16 AND 17, TOWNSHIP 42 SOUTH, RANGE 41
!,r,	NORTH	EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.
THIS INSTRUMENT PREPARED BY
RONNIE L. FURNISS
1"	------·	OF
GRAPHIC SCALE	CAULFIELD and WHEELER, INC.
40	0  20  40	't	SURVEYORS - ENGINEERS - PLANNERS
7900 GLADES ROAD, SUITE 100
i	NORTH	(IN FEET)	BOCA RATON, FLORIDA 33434 - (561)392-1991
KEY MAP	11NCH•  40FEET	CERTIFICATE Of AUTHORIZATION NO. LB3591
FEBRUARY 2023
NOT TO SCALE

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AVENIR	POD 20

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OF
end WHEELER, INC.

BEING A REPLAT OF A PORTION OF PARCEL A-1, AVENIR, AS RECORDED IN PLAT BOOK

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127 PAGE 85, TOGETHER 111TH A PORTION OF TRACT RBEB, AVENIR - POD 15, AS	-'

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SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991 CERTIFICATE OF AUTHORIZATION NO. LB3591 FEBRUARY 2023

'	AVENIR DRIVE	TRACT Rl	NORTH LINE OF TRACT	POINT OF	'\.
,o·suAE	AVENIR - POD 15	RBES. AVENIR- POD 15	,o· suAE	BEGINNING	BE '\.	,o· suAE
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RECORDED IN PLAT BOOK 134 PAGE 179, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING IN SECTIONS 9, 16 AND 17, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.

1

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SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100

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BOCA RATON, FLORIDA 33434 - (561)392-1991 CERTIFICATE Of AUTHORIZATION NO. LB.3591 FEBRUARY 2023

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THIS INSTRUMENT PREPARED BY RONNIE L FURNISS
Of
CAULFIELD and WHEELER, INC.
SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991 CERTIFICATE OF AUTHORIZATION NO. LB3591 FEBRUARY 2023

AVENIR	POD 20
BEING A REPLAT OF A PORTION OF PARCEL A-1, AVENIR, AS RECORDED IN PLAT BOOK
127 PAGE 85, TOGETHER 'MTH A PORTION OF TRACT RBE8, AVENIR - POD 15, AS RECORDED IN PLAT BOOK 134 PAGE 179, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING IN SECTIONS 9, 16 AND 17, TOWNSHIP 42 SOUTH, RANGE 41
EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.

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THIS INSlRUMENT PREPARED BY RONNIE L. FURNISS
OF
CAULFIELD and WHEELER, INC.
SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991
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OF
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EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.

THIS INSTRUMENT PREPARED BY RONNIE L. FURNISS
OF
CAULFIELD end WHEELER, INC.
SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100
BOCA RATON, F'LORIOA 33434 - (561)392-1991 CERTIFICATE OF AUTHORIZATION NO. L83591 FEBRUARY 2023

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Consider Resolution 2023-03 C-18 Bridge Resolution

TO BE DISTRIBUTED UNDER SEPARATE COVER

CLUBHOUSE MANAGEMENT UPDATE

TO BE DISTRIBUTED UNDER SEPARATE COVER

RESOLUTION NO. 2023-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT AMENDING AND SUPPLEMENTING RESOLUTION 2022-02 TO REPLACE THE SPECIAL EVENTS AGREEMENT FORM AND THE INSTRUCTOR AGREEMENT FORM WITH UPDATED VERSIONS OF THE SAID AGREEMENT FORMS; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Avenir Community Development District (the “District”) owns and operates certain properties and lands within the boundaries of the District, including, but not limited to, the recreation/amenity center, tennis courts, pools, and the playground (the “Property”); and

WHEREAS, the District, through its Board of Supervisors (the “Board”), previously adopted Resolution 2022-02 at its meeting of April 28, 2022 (“Resolution 2022-02”); and

WHEREAS, Resolution 2022-02 authorized and approved, among other things and under certain conditions, the use of Special Events Independent Contractor Agreements and Instructor Agreements, and amendments thereto, provided such agreements are in the form of the Special Events Agreement Form and the Instructor Agreement Form attached to and made a part of Resolution 2022-02; and

WHEREAS, it has been brought to the attention of the Board that the Special Events Agreement Form and the Instructor Agreement Form should be updated and the updated versions of the same be placed into use pursuant to the terms of Resolution 2022-02; and

WHEREAS, the Board has determined that it is appropriate to amend and supplement Resolution 2022-02 by replacing the Special Events Agreement Form and the Instructor Agreement Form with updated versions of the same.

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

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

SECTION 2.  The Special Events Agreement Form and the Instructor Agreement Form approved for use pursuant to Resolution 2022-02 are hereby replaced in their entirety with the updated versions of the Special Events Agreement Form and Instructor Agreement Form attached hereto and made a part hereof as Exhibit A and Exhibit B, respectively.

SECTION 3.  The proper District officials are hereby authorized and directed to take all steps necessary to effectuate the intent of this Resolution. Except as otherwise set forth in this Resolution, all other terms of the Resolution 2022-02 are hereby ratified, reaffirmed and shall remain in full force and effect as provided by their terms.

SECTION 4.  All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 5.  If any clause, section or other part or application of this Resolution is held by court of competent jurisdiction to be unconstitutional or invalid, in part or as applied, it shall not affect the validity of the remaining portions or applications of this Resolution.

SECTION 6.	That this Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT THIS 13TH DAY OF MARCH, 2023.

ATTEST:

Name: 	 Secretary/Assistant Secretary	AVENIR COMMUNITY DEVELOPMENT DISTRICT

Name: 	 Chair/Vice-Chair
Board of Supervisors	

Exhibit A

Updated Special Events Agreement Form

Checklist for Completing Special Events Independent Contractor Agreement

Fill in date of Agreement (top paragraph)

Fill in Contractor’s name, company and address (top paragraph)

Fill in event date (third whereas clause)

Fill in amount to be paid, inclusive of all costs, fees, etc (numbered paragraph 2)

Sign page 5 in full

Attach Exhibit A – this should set forth the scope of services for the Contractor, including what equipment he/she is to bring, the hours worked, what time they can set up, etc.

Request certificate of insurance – the certificate of insurance should name as Additional Insureds the Avenir CDD, Vesta Property Services, Special District Services, as well as its officers, supervisors, employees, agents and staff and have $1,000,000 in coverage, ideally. This will differ depending on the nature of the individual or company hired. For larger companies, we would expect them to be able to provide this. If it is a small company or an individual and they cannot procure a certificate of insurance, it is OK.

SPECIAL EVENTS INDEPENDENT CONTRACTOR AGREEMENT

THIS	SPECIAL	EVENTS	INDEPENDENT	CONTRACTOR	AGREEMENT
(“Agreement”) is made this 	 day of 	, 202  , by and between the	Avenir
Community Development District, a local unit of special-purpose government established and existing under Chapter 190, Florida Statutes, with an address of 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District”) and 	, a
	,	with	an	address	of
	 (the “Contractor”).

RECITALS

WHEREAS, the Avenir Community Development District owns certain property within the boundaries of the District, located in Palm Beach Gardens, Florida, including an amenity facility, pool complex and surrounding areas (collectively, the “Property”); and

WHEREAS, the District hosts a number of special events on the Property and desires to enter into an agreement with an independent contractor to provide entertainment based services for such a special event; and

WHEREAS, Contractor desires to provide such services to the District on the Property for an event that will take place on 	, 202  (the “Event”); and

WHEREAS, the District desires to hire the Contractor to perform the services for the Event, which services are outlined in Exhibit A attached hereto and incorporated herein by reference, and desires to grant Contractor a limited, non-exclusive right to enter upon the Property for the Event; and

WHEREAS, Contractor acknowledges and appreciates the risks of coming on the Property; and agrees that Contractor, its employees, agents, subcontractors, invitees, and all persons under Contractor’s direction and control, as well as any other person on the Property at the direction of Contractor (collectively, the “Invitees”) shall at all times exercise due care for their own personal safety and the safety of other employees, agents, subcontractors, attendees and/or Invitees on the Property.

Now, therefore, based upon good and valuable consideration and the mutual covenants of the Parties, the receipt of which and sufficiency of which is hereby acknowledged, the Parties agree as follows:

RECITALS. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Agreement.

CONTRACTOR’S OBLIGATION. The Contractor shall provide the services attached hereto as Exhibit A.	Contractor shall perform such services for a onetime charge of
$	, inclusive of all costs and fees. Contractor shall provide all labor, materials, and equipment necessary for such services unless otherwise specified on Exhibit A.

Billing  and  Payment.  Contractor shall invoice the District after successful completion of the services provided pursuant to the terms of this Agreement. After receipt of an invoice from Contractor, District shall provide payment in accordance with Florida’s Local Government Prompt Payment Act (Section 218.70 through 218.80, Florida Statutes) and Section 215.422, Florida Statutes.

GRANT OF ACCESS AND CARE OF THE PROPERTY. The District hereby grants Contractor a non-exclusive right to come upon the Property on the date of the Event and to provide the services set forth in Exhibit A. At the conclusion of the event, Contractor shall remove and properly dispose of any debris, garbage or trash generated by Contractor. Contractor shall use all due care to protect the property of the District, including the Property, as well as the property of the residents and landowners within the District from damage. Contractor agrees to repair any damage resulting from Contractor's activities and work, at Contractor’s sole expense, within twenty-four (24) hours.

Compliance  with  Governmental  Regulations.	The Contractor shall
keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. Contractor acknowledges and commits that all the employees of the Contractor who will be working each Event where children will be present have undergone, at a minimum, sexual offender/predator checks. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, or employees in the provision of such services, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to the provision of such services, or fails to comply with any requirement of such governmental body or agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective immediately upon the giving of notice of termination.

INSURANCE. At the time of execution of this Agreement, the Contractor shall file with the District certificates of insurance, in the forms and amounts acceptable to the District.

Independent Contractor.  The District and Contractor agree and acknowledge that Contractor shall serve as an independent contractor of the District. Nothing in this Agreement shall be construed or interpreted to create the relationship of employer and employee between the parties hereto. Neither Contractor nor employees of Contractor shall be entitled to any benefits, including but not limited to health and dental insurance, wellness, pension, or workers’ compensation accorded District employees by virtue of the services provided under this Agreement. The District shall not be responsible for withholding or otherwise deducting federal income tax or social security, or otherwise assuming the duties of an employer with respect to Contractor or any employee of Contractor.

INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the District and its officers, supervisors, agents and employees from any and all liability, claims, actions, suits

or demands by any person, corporation or other entity for injuries, death, property damage or other damage of any nature, arising out of, or in connection with, the services to be performed by Contractor. District shall not be liable to Contractor, its agents or employees, for any damages, losses or injuries to Contractor’s, or any of its agent’s or employee’s person or property which are consequent upon or arising from District’s ownership of the Property or consequent upon Contractor’s occupancy of the Property or performance of this Agreement, or whether such damages, losses or injuries are caused by acts of negligence, whether active or passive.

Recovery  of  Costs  and  Fees.  In the event that either party is required to enforce this Agreement or any provision hereof by court proceedings or otherwise, then the prevailing party in such action shall be entitled to recover all fees and costs incurred, including, but not limited to, reasonable attorneys' fees incurred prior to and during any litigation or other dispute resolution and including fees incurred in appellate proceedings.

Limitations on Governmental Liability.  Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

Negotiation  at  Arm’s  Length.  This Agreement has been negotiated fully between the Parties as an arm’s length transaction. The Parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all Parties are deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

ENFORCEMENT. A default by either party under this Agreement shall entitle the other party to all remedies available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief and specific performance.

CANCELLATION. The District shall have the right to cancel this Agreement at any time prior to commencement of the services with no money due and owing to the Contractor whatsoever. To the extent possible, the District will provide written notice of such cancellation. Contractor shall have the right to cancel this Agreement upon sixty (60) days’ written notice to the District.

ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of the agreement between the Parties relating to the subject matter of this Agreement.

AMENDMENT. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the Parties hereto.

Authority  to  Contract.	The execution of this Agreement has been duly

authorized by the appropriate body or official of all Parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument.

Third Party Beneficiaries.  This Agreement is solely for the benefit of the formal Parties hereto and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the Parties hereto and their respective representatives, successors and assigns.

ASSIGNMENT. Contractor may not assign this Agreement or any monies to become due hereunder without the prior written approval of the District. Any assignment entered into without the written approval of the District shall be invalid and unenforceable.

APPLICABLE LAW; VENUE. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue for any dispute shall be in a court of appropriate jurisdiction in Palm Beach County, Florida.

PUBLIC RECORDS. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records and shall be treated as such in accordance with Florida law.

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

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

Upon the request of the District’s custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

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

Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Contractor or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Contractor transfers all public records to the District upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt

or confidential and exempt from public disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District’s custodian of public records, in a format that is compatible with the information technology systems of the District.

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

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:
SPECIAL DISTRICT SERVICES, INC. 2501A BURNS ROAD
PALM BEACH GARDENS, FLORIDA 33410 TELEPHONE: (561) 630-4922
EMAIL: FWARE@SDSINC.ORG
Sovereign Immunity.  Contractor agrees that nothing in this Agreement shall constitute or be construed as a waiver of the protections, immunities, and limitations on liability afforded the District pursuant to Section 768.28, Florida Statutes, the doctrine of sovereign immunity, or other statutes or law.

E-VERIFY. The Contractor, on behalf of itself and its subcontractors, hereby warrants compliance with all federal immigration laws and regulations applicable to their employees. The Contractor further agrees that the District is a public employer subject to the E- Verify requirements provided in Section 448.095, Florida Statutes, and such provisions of said statute are applicable to this Agreement, including, but not limited to registration with and use of the E-Verify system. The Contractor agrees to utilize the E-Verify system to verify work authorization status of all newly hired employees. Contractor shall provide sufficient evidence that it is registered with the E-Verify system before commencement of performance under this Agreement. If the District has a good faith belief that the Contractor is in violation of Section 448.09(1), Florida Statutes, or has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws or the Attorney General of the United States

for employment under this Agreement, the District shall terminate this Agreement. The Contractor shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall retain a copy of each such affidavit for the term of this Agreement and all renewals thereof. If the District has a good faith belief that a subcontractor of the Contractor is in violation of Section 448.09(1), Florida Statutes, or is performing work under this Agreement has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws or the Attorney General of the United States for employment under this Agreement, the District promptly notify the Contractor and order the Contractor to immediately terminate its subcontract with the subcontractor. The Contractor shall be liable for any additional costs incurred by the District as a result of the termination of any contract, including this Agreement, based on Contractor’s failure to comply with the E-Verify requirements referenced in this subsection.

SEVERABILITY. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected, but rather, shall be enforced to the extent permitted by law.

Effective Date and Term.  This Agreement shall be in effect for the Event date only, unless cancelled earlier by either party in accordance with the provisions of this Agreement.

CONFLICT. To the extent that the terms described in Exhibit A conflict with the terms of this Agreement, the terms herein shall control.

In witness whereof, the Parties hereto have signed and sealed this Agreement on the day and year first written above.
AVENIR COMMUNITY DEVELOPMENT DISTRICT

Print Name, Title:

Signature	Date

Contractor Name

Print Name,Title:

Signature	Date
Exhibit A:	Scope of Services

Exhibit B

Updated Instructor Agreement Form

INSTRUCTOR AGREEMENT FORM

THIS	SPECIAL	EVENTS	INDEPENDENT	CONTRACTOR	AGREEMENT
(“Agreement”) is made this 	 day of 	, 202  , by and between the	Avenir
Community Development District, a local unit of special-purpose government established and existing under Chapter 190, Florida Statutes, with an address of 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District”) and 	, a
	,	with	an	address	of
	 (the “Contractor”).

RECITALS

WHEREAS, the Avenir Community Development District owns certain property within the boundaries of the District, located in Palm Beach Gardens, Florida, including an amenity facility, pool complex and surrounding areas (collectively, the “Property”); and

WHEREAS, the District hosts a number of special events on the Property and desires to enter into an agreement with an independent contractor to provide entertainment based services for such a special event; and

WHEREAS, Contractor desires to provide such services to the District on the Property for recurring services that will take place beginning on 	, 202    ; and

WHEREAS, the District desires to hire the Contractor to perform recurring services, which services are outlined in Exhibit A attached hereto and incorporated herein by reference, and desires to grant Contractor a limited, non-exclusive right to enter upon the Property for the Event; and

WHEREAS, Contractor acknowledges and appreciates the risks of coming on the Property; and agrees that Contractor, its employees, agents, subcontractors, invitees, and all persons under Contractor’s direction and control, as well as any other person on the Property at the direction of Contractor (collectively, the “Invitees”) shall at all times exercise due care for their own personal safety and the safety of other employees, agents, subcontractors, attendees and/or Invitees on the Property.

Now, therefore, based upon good and valuable consideration and the mutual covenants of the Parties, the receipt of which and sufficiency of which is hereby acknowledged, the Parties agree as follows:

RECITALS. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Agreement.

CONTRACTOR’S OBLIGATION. The Contractor shall provide the services attached hereto	as	Exhibit	A.	Contractor	shall	perform	such	services	for	a	charge	of
$	, inclusive of all costs and fees. Contractor shall provide all labor, materials, and equipment necessary for such services unless otherwise specified on Exhibit A.

Billing and Payment.  After receipt of an invoice from Contractor, District shall provide payment in accordance with Florida’s Local Government Prompt Payment Act (Section 218.70 through 218.80, Florida Statutes) and Section 215.422, Florida Statutes District.

GRANT OF ACCESS AND CARE OF THE PROPERTY. The District hereby grants Contractor a non-exclusive right to come upon the Property on the date of the Event and to provide the services set forth in Exhibit A. At the conclusion of the event, Contractor shall remove and properly dispose of any debris, garbage or trash generated by Contractor. Contractor shall use all due care to protect the property of the District, including the Property, as well as the property of the residents and landowners within the District from damage. Contractor agrees to repair any damage resulting from Contractor's activities and work, at Contractor’s sole expense, within twenty-four (24) hours.

Compliance  with  Governmental  Regulations.	The Contractor shall
keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. Contractor acknowledges and commits that all the employees of the Contractor who will be working each Event where children will be present have undergone, at a minimum, sexual offender/predator checks. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, or employees in the provision of such services, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to the provision of such services, or fails to comply with any requirement of such governmental body or agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective immediately upon the giving of notice of termination.

INSURANCE. At the time of execution of this Agreement, the Contractor shall file with the District certificates of insurance, in the forms and amounts acceptable to the District.

Independent Contractor.  The District and Contractor agree and acknowledge that Contractor shall serve as an independent contractor of the District. Nothing in this Agreement shall be construed or interpreted to create the relationship of employer and employee between the parties hereto. Neither Contractor nor employees of Contractor shall be entitled to any benefits, including but not limited to health and dental insurance, wellness, pension, or workers’ compensation accorded District employees by virtue of the services provided under this Agreement. The District shall not be responsible for withholding or otherwise deducting federal income tax or social security, or otherwise assuming the duties of an employer with respect to Contractor or any employee of Contractor.

INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the District and its officers, supervisors, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or other damage of any nature, arising out of, or in connection with, the services to be performed by Contractor. District shall not be liable to Contractor, its agents or employees, for any damages, losses or injuries to Contractor’s, or any of its agent’s or employee’s person or property which are

consequent upon or arising from District’s ownership of the Property or consequent upon Contractor’s occupancy of the Property or performance of this Agreement, or whether such damages, losses or injuries are caused by acts of negligence, whether active or passive.

Recovery  of  Costs  and  Fees.  In the event that either party is required to enforce this Agreement or any provision hereof by court proceedings or otherwise, then the prevailing party in such action shall be entitled to recover all fees and costs incurred, including, but not limited to, reasonable attorneys' fees incurred prior to and during any litigation or other dispute resolution and including fees incurred in appellate proceedings.

Limitations on Governmental Liability.  Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

Negotiation  at  Arm’s  Length.  This Agreement has been negotiated fully between the Parties as an arm’s length transaction. The Parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all Parties are deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

ENFORCEMENT. A default by either party under this Agreement shall entitle the other party to all remedies available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief and specific performance.

CANCELLATION. The District shall have the right to cancel this Agreement at any time prior to commencement of the services with no money due and owing to the Contractor whatsoever. To the extent possible, the District will provide written notice of such cancellation. Contractor shall have the right to cancel this Agreement upon sixty (60) days’ written notice to the District.

ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of the agreement between the Parties relating to the subject matter of this Agreement.

AMENDMENT. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the Parties hereto.

Authority  to  Contract.  The execution of this Agreement has been duly authorized by the appropriate body or official of all Parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument.

Third Party Beneficiaries.  This Agreement is solely for the benefit of the formal Parties hereto and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the Parties hereto and their respective representatives, successors and assigns.

ASSIGNMENT. Contractor may not assign this Agreement or any monies to become due hereunder without the prior written approval of the District. Any assignment entered into without the written approval of the District shall be invalid and unenforceable.

APPLICABLE LAW; VENUE. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue for any dispute shall be in a court of appropriate jurisdiction in Palm Beach County, Florida.

PUBLIC RECORDS. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records and shall be treated as such in accordance with Florida law.

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

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

Upon the request of the District’s custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

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

Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Contractor or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Contractor transfers all public records to the District upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must

be provided to the District, upon request from the District’s custodian of public records, in a format that is compatible with the information technology systems of the District.

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

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:

SPECIAL DISTRICT SERVICES, INC. 2501A BURNS ROAD
PALM BEACH GARDENS, FLORIDA 33410 TELEPHONE: (561) 630-4922
EMAIL: FWARE@SDSINC.ORG
Sovereign Immunity.  Contractor agrees that nothing in this Agreement shall constitute or be construed as a waiver of the protections, immunities, and limitations on liability afforded the District pursuant to Section 768.28, Florida Statutes, the doctrine of sovereign immunity, or other statutes or law.

E-VERIFY. The Contractor, on behalf of itself and its subcontractors, hereby warrants compliance with all federal immigration laws and regulations applicable to their employees. The Contractor further agrees that the District is a public employer subject to the E- Verify requirements provided in Section 448.095, Florida Statutes, and such provisions of said statute are applicable to this Agreement, including, but not limited to registration with and use of the E-Verify system. The Contractor agrees to utilize the E-Verify system to verify work authorization status of all newly hired employees. Contractor shall provide sufficient evidence that it is registered with the E-Verify system before commencement of performance under this Agreement. If the District has a good faith belief that the Contractor is in violation of Section 448.09(1), Florida Statutes, or has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws or the Attorney General of the United States for employment under this Agreement, the District shall terminate this Agreement. The Contractor

shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall retain a copy of each such affidavit for the term of this Agreement and all renewals thereof. If the District has a good faith belief that a subcontractor of the Contractor is in violation of Section 448.09(1), Florida Statutes, or is performing work under this Agreement has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws or the Attorney General of the United States for employment under this Agreement, the District promptly notify the Contractor and order the Contractor to immediately terminate its subcontract with the subcontractor. The Contractor shall be liable for any additional costs incurred by the District as a result of the termination of any contract, including this Agreement, based on Contractor’s failure to comply with the E-Verify requirements referenced in this subsection.

SEVERABILITY. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected, but rather, shall be enforced to the extent permitted by law.

Effective Date and Term.  This Agreement shall be in effect for the Event date only, unless cancelled earlier by either party in accordance with the provisions of this Agreement.

CONFLICT. To the extent that the terms described in Exhibit A conflict with the terms of this Agreement, the terms herein shall control.

In witness whereof, the Parties hereto have signed and sealed this Agreement on the day and year first written above.
AVENIR COMMUNITY DEVELOPMENT DISTRICT

Print Name, Title:

Signature	Date

Contractor Name

Print Name,Title:

Signature	Date

Exhibit A:	Scope of Services