AVENIR COMMUNITY DEVELOPMENT
DISTRICT

CITY OF PALM BEACH GARDENS REGULAR BOARD MEETING
& Public Hearing August 24, 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
REGULAR BOARD MEETING & PUBLIC HEARING
August 24, 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
June 9, 2023 Special Board Meeting & Public Hearing…	Page 2
Public Hearing
Proof of Publication…	Page 9
Receive Public Comments on Adopting Fiscal Year 2023/2024 Final Budget
Consider Resolution No. 2023-11 – Adopting Fiscal Year 2023/2024 Final Budget	Page 10
Old Business
New Business
Consider Adoption of Res 2023-12 Adopting FY2023-2024 Regular Meeting Schedule…	Page 24
Consider Approval of Event Permit Application Draft…	Page 26
Consider Approval of Avenir 3 Mile Fun Run/Walk for K9 for Warriors Charity App.	Page 28
Consider Approval of Light-Er-Up Holiday Lighting Proposal…	Page 32
Consider Approval of R&B Pressure Cleaning Proposal…	Page 34
Consider Approval of WGI Proposal for Pedestrian Bridge…	Page 35
Consider Approval of HSQ Supplemental Agreement 14 (Northlake & Coconut Blvds)…	Page 44
Consider Approval of Glasgow Deisel Tank Inspection Proposal…	Page 46
Consider Approval of Florida Detroit Diesel-Allison Stormwater Pump Station Maintenance Agreement…	Page 48
Consider Approval of Pump Station Telemetry Proposals…	Page 55
Consider Approval of Ballbe Work Authorization No. 6 (Town Center Bypass)…	Page 67
Change Orders
Consider Ratification of Ballbe Proposal #2 CO #1 (Town Center Phase One)…	Page 78
Consider Ratification of Ballbe CO #1 - Stormwater Pump Mock Roos…	Page 83
Consider Approval of SPF Underground COs #11 through #14…	Page 87
Consider Approval of JW Cheatham CO #2 (Northlake Phase 2)…	Page 95
Consider Approval of JW Cheatham CO #3 (Northlake Phase 2)…	Page 101
Consider Approval of H&J CO #1 (Town Center Bypass Road)…	Page 106

Consent Agenda
Consider Ratification of AAA Steel Fabricators Agreement (Coconut Blvd Entry
Feature Steel Domes)…	Page 107
Consider Ratification of Titan Stone Agreement (Coconut Blvd Entry Feature Oolite)…	Page 125
Consider Ratification of Future Horizons Pod 5 Proposal…	Page 157
Consider Ratification of Future Horizons Pod 6 Proposal…	Page 158
Consider Ratification of Daniels Fence Proposal – Town Center Fence…	Page 159
Consider Ratification of ATT Bill of Sale…	Page 160
Consider Ratification of Notices of Commencement (Town Center Bypass, Spine Road
Phases 5 & 6)…	Page 162
Consider Ratification of Notification of FPL Facilities…	Page 169
Consider Ratification of SUA Agreements – Town Center Bypass and Spine Roads 5 & 6… Page 170
Consider Ratification of H&J Town Center Bypass Road Agreement…	Page 189
Clubhouse
Clubhouse Management Update…	Page 190
Discussion Regarding FY 2023/2024 Clubhouse Patron Rates
Administrative Matters
Consider Appointment of Audit Committee & Approval of Evaluation Criteria…	Page 195
Discussion Regarding Required Ethics Training…	Page 199
Memo 2023 Legislative Update…	Page 204
Board Member Comments
Adjourn

PALM BEACH

STATE OF FLORIDA COUNTY OF PALM BEACH:

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

AVENIR COMMUNITY DEVELOPMENT DISTRICT - NOTICE IS HEREBY GIVEN THAT THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, ET AL.

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

10/17/2022

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

(SEAL)
ANGELINA GARAY personally known to me

AVENIA COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023 REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that the
Board of Supervisors of the Avenir Community Development Dislnct wfll hold Regular Board Meetings at the offices of Special District Serv­ ices, Inc., 2501A Bums Road, Palm Beach Gardens, Florida 33410 at 12:30 p.m. on the following dales:
October 27, 2022
November 14, 2022
December 15, 2022
January 26, 2023
February 23, 2023
March 23, 2023 April27,2023 May 25, 2023
June 22, 2023
July 27, 2023
August 24. 2023
September 28, 2023
The purpose of the meetings Is to conduct any business coming before the Board. Meetings are open to the public and will be conduoted In accordance with the provisions of Flonda law. Copies of the Agendas fOf any of the meetings may be ob­ tamed from the District's website or
by contacting the Dlstnot Manager at 561-630-4922 and/or toll free at 1-877-737-4922 prior to the date of the particular meeting.
From time to time one or two Supervisors may participate by tele­ phone: the!efore. a speaker telephone wfll be present at the meeting loca­ tion so that SuperviSOfs may be fully informed of the discussions taking place. Said meeting(s) may be con­ tinued as found necessary to a time and place speclfied on the record.
II any person decides to appeal any dectsion made with respeot to any matter considered at these meetrngs, such person wrn need a record of the proceedlngs and such person may need to ensure that a verbatim recOfd of the proceedings is made at his or her own expense / and which record includes the testi- 1
mony and evidence on Which the appeal is based.
In accordance with the provisions of the Americans with Disabllities Act any person requiring speclal accommodations or an interpreter to participate at any of these meet­ ings should contact the District
Manager at 561-630-4922 and/or
toll free at 1-877-737-4922 at least seven (7) days prior to the date of the particular meeting.
Meetings may be cancelled from time to time without advertised notice. AVENIR community development district ww.v.avenlrcdd.org
10/17	22-24/0000625671P

AVENIR COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & SPECIAL BOARD MEETING JUNE 9, 2023

CALL TO ORDER

The June 9, 2023, Special Board Meeting of the Avenir Community Development District (the “District”) was called to order at 12:35 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 Special Board Meeting had been published in The Palm Beach Daily Business Review May 31, 2023, as legally required.

ESTABLISH A QUORUM

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

Also in attendance were: Jason Pierman of Special District Services, Inc.; District Counsel Michael Pawelczyk of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; District Engineer Carlos Ballbe of Ballbe & Associates (via phone); Developer Reps Rosa Schechter and Tanya McConnell; and Clubhouse Rep Rick Salvatore.

Also present was Brian Hengen, a District resident.

ADDITIONS OR DELETIONS TO THE AGENDA

Mr. Pierman noted that the H&J Change Order had been deleted from the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

Mr. Hengen asked for updates on the stop light on Northlake Boulevard, the fitness center and construction workers speeding through the community. Mr. Pierman confirmed that the traffic light installation had begun, the fitness center was awaiting an emergency call box and that the Palm Beach Gardens Police had increased their patrols within the community.

APPROVAL OF MINUTES
April 27, 2023, Regular Board Meeting

The minutes of the April 27, 2023, Regular Board Meeting were presented for consideration.

A motion was made by Mr. Horowitz, seconded by Mr. Rodolfo Stern and passed unanimously approving the minutes of the April 27, 2023, Regular Board Meeting, as presented.

The Special Board Meeting was then recessed, and the Public Hearing was opened.

PUBLIC HEARING
Proof of Publication

Proof of publication was presented which indicated that notice of the Public Hearing had been published in The Palm Beach Daily Business Review May 23, 2023, and May 30, 2023, as legally required.

Receive Public Comment on Levying Assessments – Town Center 2023 Project

Mr. Ballbe explained the Town Center project, noting that it included retail development, anchored by Publix, with office space. These bonds are being issued to finance the Town Center public infrastructure, as described in the Sixth Supplemental Engineer Report, which was previously approved. Mr. Pierman noted that the project cost is $17,715,400, of which $15,000,000 is being deferred by the bond issue.

A motion was made by Mr. Rodolfo Stern, seconded by Mr. Horowitz and unanimously passed approving the Town Center project.

Consider Resolution No. 2023-08 – Levying Assessments – Town Center 2023 Project

Resolution No. 2023-08 was presented, entitled:

RESOLUTION NO. 2023-08

A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE CONSTRUCTION AND/OR ACQUISITION OF INFRASTRUCTURE IMPROVEMENTS CONSTITUTING THE TOWN CENTER PROJECT IMPROVEMENTS; EQUALIZING, APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS TO SECURE THE DISTRICT’S SPECIAL ASSESSMENT BONDS, SERIES 2023 (TOWN CENTER PROJECT) (THE “SERIES 2023 BONDS”) ON PROPERTY WITHIN THE TOWN CENTER ASSESSMENT AREA WITHIN THE DISTRICT SPECIALLY BENEFITED BY THE TOWN CENTER PROJECT IMPROVEMENTS 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.

Mr. Pawelczyk explained that this was the final assessment resolution to approve the project and assess the land within the Town Center assessment area, the acreage of which was set in the Master Assessment Methodology.

A motion was made by Mr. Horowitz, seconded by Mr. Eduardo Stern and passed unanimously adopting Resolution No. 2023-08, as presented.

The Public Hearing was then closed, and the Special Board Meeting was reconvened.

OLD BUSINESS

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

NEW BUSINESS
Consider Resolution No. 2023-09 – Adopting a Fiscal Year 2023/2024 Proposed Budget

Resolution No. 2023-09 was presented, entitled:

RESOLUTION NO. 2023-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2023/2024; AND PROVIDING AN EFFECTIVE DATE.

Mr. Pierman explained that the overall assessment was decreasing slightly, due to the new phase coming online, which spread out the O&M costs. He also explained that he was soliciting quotes for pressure cleaning and suggested moving forward on installing the FOB system for the pool and tennis court area. Mr. Pierman noted that letters would be sent to owners of property that were on the tax roll for the first time.

A motion was made by Mr. Rodolfo Stern, seconded by Mr. Horowitz and passed unanimously adopting Resolution No. 2023-09, as presented.

Consider Engagement Letter with The Barthet Firm Regarding Construction Legal Matter, as Assigned

Mr. Pawelczyk explained that after discussion with the developer’s construction manager for the entire project, it was recommended to have someone available to help with construction matters, as they arise. The Barthet Firm will update the standard construction agreement that has been used on previous projects.

A motion was made by Mr. Horowitz, seconded by Mr. Rodolfo Stern and passed unanimously approving the engagement of The Barthet Firm regarding construction legal matters, as presented.

Consider Ratification of Northlake Boulevard Signal Easement
Consider Ratification of Northlake Boulevard & Panther National Boulevard Signal Easement
Consider Ratification of Northlake Boulevard & Premier Street Signal Easement

Ms. McConnell explained the location of the easements and noted that these allow the County to install signal loops.

A motion was made by Mr. Eduardo Stern, seconded by Mr. Horowitz and unanimously passed ratifying the three easements.

Consider Ratification of LED Lighting Agreement

Mr. Ballbe noted that the agreement was for the Spine Road Phase 5 project.

A motion was made by Mr. Rodolfo Stern, seconded by Mr. Horowitz and passed unanimously ratifying the LED Lighting Agreement, as presented.

Consider Coconut Boulevard Entrance Feature Proposals
C & C Diversified Services, LLC
Carpenter Contractors of America, Inc.
Titan Stone, LLC
Coastal Electric

A motion was made by Mr. Horowitz, seconded by Mr. Rodolfo Stern and passed unanimously approving all four proposals and authorizing staff to draft agreements with each contractor.

Consider Landscape Replacement Proposal

Ms. Cepero confirmed that the replacements would be funded through the O&M budget and that it does not include clubhouse replacements.

A motion was made by Mr. Rodolfo Stern, seconded by Mr. Horowitz and passed unanimously approving the Landscape Replacement proposal, as presented.

Consider Pump Station Monitoring Agreement

Mr. Pierman noted that telemetry had not been included with the pump station, but suggested that it be added, explaining that its cost would be offset by a decrease in the monitoring agreement cost.

A motion was made by Mr. Eduardo Stern, seconded by Mr. Horowitz and unanimously passed approving the agreement and authorizing staff to draft an agreement with language included to note the reduction in cost when telemetry is online.

Consider Town Center Maintenance Agreement

Mr. Pawelczyk explained that the District was using bond proceeds to fund Town Center improvements, and this agreement enables Avenir Development to maintain those improvements at no cost to the District. He noted that the agreement would be recordable so that it runs with the land, and that it allows for assignment to a Property Owners’ Association. The agreement protects the District and provides for greater efficiency. He also noted that the agreement goes into effect when the improvements are completed.

A motion was made by Mr. Eduardo Stern, seconded by Mr. Horowitz and unanimously passed approving the Town Center Maintenance Agreement in substantially final form.

Consider Ratification of Town Center Easement

Mr. Pawelczyk advised that the easement was in line with the Town Center Maintenance Agreement, explaining that because the District does not own property in the assessment area, this easement grant ingress/egress access over all District improvements.  He noted that the easement covers the entire

assessment area now, but areas would be terminated as the developer builds them, and assessments would be paid off as building has been completed. As properties are sold, bonds would be paid off, similar to B Bonds.

A motion was made by Mr. Rodolfo Stern, seconded by Mr. Horowitz and passed unanimously ratifying the Town Center Easement, as presented.

Consider Resolution No. 2023-10 – Adopting a Records Retention Policy

Resolution No. 2023-10 was presented, entitled:

RESOLUTION 2023-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE APPOINTMENT OF A RECORDS MANAGEMENT LIAISON OFFICER; PROVIDING THE DUTIES OF THE RECORDS MANAGEMENT LIAISON OFFICER; ADOPTING A RECORDS RETENTION POLICY; DETERMINING THE ELECTRONIC RECORD TO BE THE OFFICIAL RECORD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Pierman explained that this was in line with the policy that is currently in place, but includes a provision that designates the electronic version of a document as the official District record.

A motion was made by Mr. Rodolfo Stern, seconded by Mr. Horowitz and passed unanimously adopting Resolution No. 2023-10, as presented.

Discussion Regarding Mitigation Management

Mr. Pierman explained that he had received a proposal from EW Consulting for conservation areas mitigation maintenance, but it far exceeds the RFP threshold, due to the expanded area. As such, the work needs to be publicly bid. Mr. Ballbe explained that the plan had been approved by SFWMD to remove invasives, monitor plantings, and replace dead plants.

Discussion Regarding Northlake Boulevard Road Widening Phase One Contract

Mr. Ballbe explained that the District awarded the Northlake Boulevard Road Widening Phase One contract to Ranger in 2022. However, the County required permitting that took over a year to complete and increased the scope of work. The project is approved, and plans have been updated with the new scope, which increased the cost of the project by more than $3,000,000. Mr. Ballbe recommended that the project be rebid because the change order amount is too high, even after revisions had been made. He requested permission to compensate Ranger for the work that they had done and to rebid the contract.

A motion was made by Mr. Eduardo Stern, seconded by Mr. Rodolfo Stern and unanimously passed to terminate the Ranger contract and authorize staff to negotiate a settlement for the work that has been completed, and for staff to rebid the project.

Consider Centerline Change Order

Mr. Ballbe presented Change Order No. 1 for Centerline, explaining that it was for plan revisions and added roadway work, in the amount of $4,445,441.78.

A motion was made by Mr. Rodolfo Stern, seconded by Mr. Eduardo Stern and passed unanimously approving the Centerline Change Order in the amount of $4,445,441.78.

CLUBHOUSE
Clubhouse Management Update

Mr. Salvatore noted that the west fountain entry feature was completed, but now the east fountain is down. He also presented an update on clubhouse events, noting that there had been four paid events, and distributed the June schedule. Mr. Salvatore presented proposals for the entry fountain feature pump in the amount of $3,848.14; the commercial fitness maintenance agreement in the amount of $1,580 annually; annual flower rotation from CPM in the amount of $3,370.50; and storm drain grading from CPM in the amount of $612.50.

A motion was made by Mr. Rodolfo Stern, seconded by Mr. Horowitz and unanimously approved, accepting the presented proposals and to authorizing staff to move forward with drafting any necessary agreements.

Mr. Salvatore also noted that he had received a proposal for landscaping upgrades at the tot lot and parking lot but was awaiting a second proposal.

Mr. Salvatore explained that Pay Academy, which is already directing programs onsite, had approached him about hosting a summer camp at no cost to the District. The Board confirmed that the camp would be open only to patrons and any children who might be living with resident patrons for the summer.

A motion was made by Mr. Eduardo Stern, seconded by Mr. Rodolfo Stern and unanimously passed allowing Play Academy to run their summer camp.

ADMINISTRATIVE MATTERS

Mr. Pierman reminded the Board to file their Form 1 before the July 1st deadline. He also explained that the District had over 250 qualified electors as of April 15, 2023, so the first General Election would take place in November 2024 for two seats.

Mr. Pawelczyk noted that, beginning in 2024, Board Supervisors would be required to complete four hours of State Ethics training.

Mr. Pierman noted that there would not be a quorum for the July meeting, so the next scheduled meeting will be August 24. Hearing that, Ms. McConnell explained that there would be a Change Order for Cheetham for the traffic light coming in the next couple of weeks.

A motion was made by Mr. Eduardo Stern, seconded by Mr. Horowitz and unanimously approved authorizing the Chair to execute the Change Order, subject to staff review, for a not-to-exceed amount of $900,000.

BOARD MEMBER COMMENTS

There were no further comments from the Members of the Board.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Eduardo Stern, seconded by Mr. Horowitz and passed unanimously adjourning the Special Board Meeting at 2:09 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

PALM BEACH

STATE OF FLORIDA
COUNTY OF PALM BEACH:

Before the undersigned authority personally appeared ANGELINA GARAY, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Palm Beach Daily Business Review flk/a Palm Beach Review, of Palm Beach County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of

NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2023/2024 BUDGET AND NOTICE OF REGULAR BOARD OF SUPERVISORS' MEETING, - THE BOARD OF SUPERVISORS, ET AL.

in the XXXX Court,
was published in a newspaper by print In the issues of Palm Beach Daily Business Review 1/k/a Palm Beach Review on

08/04/2023 08/11/2023

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

ANGELINA GARAY personally known to me

'	;.:, .· "ublic Slate of Florida
1	5-·cnda M Simmons
'

'

1111

r,:,,..co'."misslon HH 333528
:o:: ,res 11/22/2026

'

- AVENIA COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE F1SCAL YEAR 2023/2024 BUDGET AND NOTICE OF REGULAR BOARD OF SUPERVISORS' MEETING
The Board of Supervisors (the "Board') of the Avenir Community Development District (the 'District") will hold a public hearing on August 24, 2023, at 12:30 p.m, in The Oaks Center located at 2501A Bums Road,
Palm Beach Gardens. Florida 10
fOf 1he purpose of hearing oomments and objections on the adoption of the budget of the Dlstrlct for Fiscal Year 2023/2024. A regular board meeting of the District will also be held a,t that time where the Board may .consider any o1her business that may properly come before it.
A copy of the agenda an.d budget may be obtained from the District's website seven (7) days prior to the public hearing· or at the offic(3S of the District Menager, 2501A Bums Road, Palm Beach Gardens, Florida 33410, Telephone: (561) 630-4922
ancl/or toll free at 1-877-737-4922,
during normal business hours,
The publlc hearing and meeting are open to the public and wHI be conducted in accordance with the provislorts of Florida law for oommunlty development districts. Toe public hearing and meeting may be continued to a date. time, and place to be specified on the record at the meeting. There may be o ons when staff or Supervisors may participate by speaker telephone.
Any per$Ol1 requiring speqaJ accom­
modations at this meeting because of a disabllrty or physical ImpaIrment should conta,ct the District Office at
(561) 630-4922 at least forty-eight (48) hours prior to the meeting. If you ilf8 hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office.
Each person Who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is
advised that n will need a record of proceedings and that accordingly, the pel'SOn may need to ensure that a verbatim /000/'d 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 notlce. AVENIA COMMUNITY DEVELOPMENTDISTRICT
www.avenlrcdd.org
8/4-11	23-02/0000676409P

RESOLUTION NO. 2023-11

A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2023/2024 BUDGET.

WHEREAS, the Avenir Community Development District (“District”) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2023/2024 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and,

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

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

Section 1.	The Final Budget and Final Special Assessment Roll for Fiscal Year 2023/2024 attached hereto as Exhibit “A” is approved and adopted, and the assessments set forth therein shall be levied.

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

PASSED, ADOPTED and EFFECTIVE this 24th day of August, 2023.

ATTEST:	AVENIR
COMMUNITY DEVELOPMENT DISTRICT

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

Avenir
Community Development District

Final Budget Fiscal Year 2023/2024
October 1, 2023 - September 30, 2024

CONTENTS

FINAL BUDGET

DETAILED FINAL BUDGET

DETAILED FINAL CLUBHOUSE BUDGET

DETAILED FINAL DEBT SERVICE BUDGET (SERIES 2018)

DETAILED FINAL DEBT SERVICE BUDGET (SERIES 2019)

DETAILED FINAL DEBT SERVICE BUDGET (SERIES 2020)

DETAILED FINAL DEBT SERVICE BUDGET (SERIES 2021)

DETAILED FINAL DEBT SERVICE BUDGET (SERIES 2023)

ASSESSMENT COMPARISON - PARCELS A-1 - A-5

ASSESSMENT COMPARISON - PARCELS A-6 - A-9

ASSESSMENT COMPARISON - PARCELS A-10 - A-21

FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	
FISCAL YEAR 2023/2024 BUDGET	
O&M Assessments	 , 5,7 	
CluEhouse Assessments	 ,7 5,7 	
7otal 5egular DeEt Assessments	 0, 02, 75	
7otal Cap  % %onG DeEt Assess	 , 0 ,5 	
LanGowner ContriEution O&M	0	
LanGowner ContriEution CluEhouse	0	
LanGowner ContriEution DeEt	0	
 mpact Fees	5,5 2, 00	
DeEt Capitali]eG nterest	0	
%onG 3repa\ments	0	
%onG 3repa\ments Sent to 7rustee	0	
O&M nterest & Other ncome	0	
CluEhouse nterest & Other ncome	 ,000	
		
TOTAL REVENUES	 	26,469,81 	
		
EXPENDITURES		
Supervisor Fees	0	
(ngineeringI nspections	 5,000	
Management	5 , 5	
Legal	 ,000	
Assessment 5oll	 ,000	
AuGit Fees	 , 00	
ArEitrage 5eEate Fee	 ,025	
 nsurance	 0,000	
Legal AGvertisements	 , 00	
Miscellaneous	2,000	
3ostage	750	
OIIice Supplies	 ,500	
Dues & SuEscriptions	 75	
7rustee Fees	 ,500	
Continuing Disclosure Fee	2,750	
WeEsite Management	 , 00	
Appraisal Fee	0	
 nIrastructure Maintenance	 00,000	
Miscellaneous Maintenance	 0,000	
%ase LanGscape Maintenance	775,000	
Optional LanGscape Maintenance	 50,000	
 rrigation Maintenance	50,000	
Lake Maintenance	250,000	
Fountain Maintenenace	50,000	
Stormwater I Lake Water Control	0	
Street Sweeping I 3ressure Washing	 00,000	
Fish Stocking	0	
Mitigation Maintenance	720,000	
7rail Maintenance	5,000	
WilG +og Control	 5,000	
3ump Station Maintenance I Fuel	 00,000	
(lectric F3L  ncluGing Streetlight 	 00,000	
Water Seacoast 	 50,000	
FielG Operations	55,000	
Contingenc\	 50,000	
		
CluEhouse 7otal ([penGitures	 ,70 , 75	
		
TOTAL EXPENDITURES	 	5,268,820	
		
REVENUES LESS EXPENDITURES	 	21,200,99 	
		
%onG 3a\ments Series 20 	 ,000, 2 	
%onG 3a\ments Series 20 	 , 2 , 5 	
%onG 3a\ments Series 2020 F 	 5,5 2, 00 	
%onG 3a\ments Series 202 	 , 0, 5 	
%onG 3a\ments Series 202 	 5,2 , 	
		
BALANCE	 	1,059,833	
		
Count\ Appraiser & 7a[ Collector Fee	 2 ,27 	
Discounts For (arl\ 3a\ments	 5 ,555 	
		
EXCESS/ (SHORTFALL)	 	 5,000	

DETAILED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	
FISCAL YEAR 2021/2022
ACTUAL	
FISCAL YEAR 2022/2023
BUDGET	
FISCAL YEAR 2023/2024
BUDGET	

COMMENTS	
O&M Assessments	1,129,080	1,957,654	3,865,793	Total Regular Expenses I .94	
Clubhouse Assessments	1,218,750	1,589,747	1,745,718	Total CH Expenses - Revenue I .94	
Total Regular Debt Assessments	3,535,434	10,806,548	10,802,375		
Total Cap + B Bond Debt Assess			4,404,531		
Landowner Contribution - O&M	825,162	0	0		
Landowner Contribution - Clubhouse	0	0	0		
Landowner Contribution - Debt	0	0	0		
 mpact Fees	3,646,171	1,073,500	5,582,400	Estimated	
Debt - Capitalized nterest	0	0	0		
Bond Prepayments	1,742,436	0	0		
Bond Prepayments - Sent to Trustee	(1,742,436)	0	0		
O&M nterest & Other ncome	988	1	0		
Clubhouse nterest & Other ncome	12,330	17,600	69,000	Rental 36,000 + Tickets 18,000 + Memb 15,000	
					
TOTAL REVENUES	$  10,367,915	$  15,445,050	$  26,469,817		
					
EXPENDITURES					
Supervisor Fees	0	0	0		
EngineeringI nspections	1,713	15,000	15,000		
Management	31,705	60,820	54,645	CP AdMustment	
Legal	43,554	60,000	48,000		
Assessment Roll	6,000	7,500	6,000		
Audit Fees	5,600	8,000	6,600		
Arbitrage Rebate Fee	3,033	3,200	3,025		
 nsurance	6,790	30,000	30,000	 nsurance Estimate	
Legal Advertisements	1,363	4,500	3,300		
Miscellaneous	507	2,000	2,000		
Postage	437	500	750		
Office Supplies	4,419	3,500	3,500		
Dues & Subscriptions	175	175	175		
Trustee Fees	30,000	25,000	31,500		
Continuing Disclosure Fee	2,333	3,000	2,750		
Website Management	1,600	2,000	1,600		
Appraisal Fee	0	0	0		
 nfrastructure Maintenance	173,092	0	100,000		
Miscellaneous Maintenance	56,910	50,000	80,000		
Base Landscape Maintenance	432,711	600,000	775,000		
Optional Landscape Maintenance	312,831	250,000	350,000		
 rrigation Maintenance	30,849	0	50,000		
Lake Maintenance	37,222	50,000	250,000		
Littorals	0	0	75,000		
Fountain Maintenenace			50,000		
Stormwater I Lake Water Control	315,034	50,000	0	Pumps	
Street Sweeping I Pressure Washing	18,900	0	100,000		
Fish Stocking	0	25,000	0		
Mitigation Maintenance	174,000	130,000	720,000		
Trail Maintenance	0	5,000	5,000		
Wild Hog Control	0	15,000	15,000		
Pump Station Maintenance I Fuel	3,180	15,000	100,000		
Electric (FPL) ( ncluding Streetlight)	301,811	325,000	400,000	Streetlight & electric	
Water (Seacoast)	95,267	100,000	150,000		
Field Operations	0	0	55,000	15,000 for 9esta PT Maint Tech	
Contingency			150,000		
					
Clubhouse Total Expenditures	995,562	1,511,962	1,709,975		
					
TOTAL EXPENDITURES	$	3,086,597	$	3,352,157	$	5,343,820		
					
REVENUES LESS EXPENDITURES	$	7,281,317	$  12,092,893	$  21,125,997		
					
Bond Payments - Series 2018	(2,316,980)	(3,246,468)	(3,000,462)	2024 P & Payments Less Earned nterest	
Bond Payments - Series 2019	(1,093,525)	(1,450,285)	(1,428,335)	2024 P & Payments Less Earned nterest	
Bond Payments - Series 2020 ( F)	(3,646,171)	(1,073,500)	(5,582,400)	Estimated	
Bond Payments - Series 2021	0	(5,461,403)	(4,880,154)	2024 P & Payments Less Earned nterest	
Bond Payments - Series 2023	0	0	(5,249,813)	2024 P & Payments Less Earned nterest	
					
BALANCE	$	224,642	$	861,237	$	984,833		
					
County Appraiser & Tax Collector Fee	(26,291)	(287,079)	(328,278)		
Discounts For Early Payments	(167,560)	(574,158)	(656,555)		
					
EXCESS/ (SHORTFALL)	$	30,791	$	-	$	-		

DETAILED FINAL CLUBHOUSE BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

EXPENDITURES	FISCAL YEAR 2021/2022 ACTUAL	FISCAL YEAR 2022/2023 BUDGET	FISCAL YEAR 2023/2024 BUDGET	

COMMENTS	
					
Connect Water Fee	0	0	0		
CDD Management	7,926		8,000		
Legal	10,889	0	12,000		
Assessment Roll	1,500	0	1,500		
Audit Fees	1,400	0	1,400		
Arbitrage Rebate Fee	217	0	225		
Legal Advertisements	1,004	0	1,200		
Trustee Fees	3,000	0	3,500		
Continuing Disclosure Fee	167	0	250		
Website Management	400	0	400		
CH ManagementIpersonnel	425,902	533,206	686,000		
Uniforms	1,536	4,000	4,000		
LicensesIPermits	18,446	5,000	5,000		
 nsurance	38,010	75,456	70,000		
Post I Print I Office Sup	16,412	4,500	9,000		
 T I Telecom	13,889	35,000	20,000		
HVAC Maint & Repair	0	12,000	12,000		
Janitorial	3,540	15,000	13,500		
Misc Repair & Maint	18,199	60,000	60,000		
Pest Control	8,340	20,000	18,000		
FireI LifeI Hood -Safe Sys	10,329	6,000	6,000		
Fitness Equip	685	4,000	4,000		
Vehicle Lease & Maint	0	1,500	1,500		
Holiday Decorations	8,852	15,000	15,000		
Cable I Music Services	2,056	4,000	3,000		
Trash Removal	1,814	10,800	6,000		
Gas	26,319	75,000	50,000		
Electricity	29,236	65,000	50,000		
Water & Sewer	25,600	50,000	40,000		
 rrigation Water	742	13,000	13,000		
Security I Camera Surveillance	79,064	0	90,000		
Electronic Access Control	0	4,000	5,000		
Surveillance Repair & Main	0	5,000	3,000		
Landscape Maint Contract	91,769	100,000	90,000		
Landscape Other I rrigation	1,753	89,500	100,000		
Pool Chemicals	31,767	60,000	55,000		
Pool Maintenance Agreement	35,338	32,500	32,500		
Pool Repair & Misc Maint	0	20,000	25,000		
Tennis & Pickle Court Main	8,842	10,000	15,000		
Furniture Repair & Maint	0	7,500	5,000		
Social Programs	43,673	75,000	75,000		
Restaurant Expenses	0	0	0		
Deficit Funding F&B Operat	0	0	0		
Other I Capital Expenses	26,946	100,000	100,000		
					
TOTAL EXPENDITURES	$	995,562	$	1,511,962	$	1,709,975		

DETAILED FINAL DEBT SERVICE FUND BUDGET - SERIES 2018
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2021/2022 ACTUAL	FISCAL YEAR 2022/2023 BUDGET	FISCAL YEAR 2023/2024 BUDGET	

COMMENTS	
 nterest ncome	6,691	200	200	ProMected nterest	
1et 1AV Collection 2018-1	2,113,233	2,098,851	2,098,851	Maximum 1et Debt Service Collection	

1et Collection 2018-2 (Taxable & Tax-Exempt)	403,762	335,556	89,750	Estimate - Collected from Developer I Home Builder	
1et 1AV Collection 2018-3	1,000,683	811,861	811,861	Maximum 1et Debt Service Collection	
Landowner Contribution	0	0	0		
Prepaid Bond Collections	521,050	0	0		
Total Revenues	$	4,045,419	$	3,246,468	$	3,000,662		
					
EXPENDITURES					
Principal Payments 2018-1	515,000	490,000	520,000	Principal Payment Due n 2024	
Principal Payments 2018-2 Taxable	1,655,000	0	0	Bonds Paid off as lots sold to Homebuilder	
Principal Payments 2018-2 TE	420,000	0	0	Bonds Paid off as lots sold to Homebuilder	
Principal Payments 2018-3	165,000	175,000	185,000	Principal Payment Due n 2024	
 nterest Payments 2018-1	1,649,588	1,612,600	1,580,700	 nterest Payments Due n 2024	
 nterest Payments 2018-2 Taxable	339,503	282,030	71,500	Estimated nterest Payments Due n 2024	
 nterest Payments 2018-2 TE	64,350	53,526	18,250	Estimated nterest Payments Due n 2024	
 nterest Payments 2018-3	647,450	632,931	622,581	 nterest Payments Due n 2024	
Bond Redemptions	0	381	2,631	Estimated Excess Debt Collections	
Total Expenditures	$	5,455,890	$	3,246,468	$	3,000,662		
					
ExFess/ (SKortfall)	$	(1,410,471)	$	-	$	-		

Series 2018-1 Bond Information	
Original Par Amount =	$31,500,000	Annual Principal Payments Due =	May 1st	
 nterest Rate =
 ssue Date = Maturity Date =	5.50% May 2018
May 2049	Annual nterest Payments Due =	May 1st & 1ovember 1st	

Series 2018-2 Taxable Bond Information	
Original Par Amount =	$18,445,000	Annual Principal Payments Due =	Paid as Lots Sold to Home Builders	
 nterest Rate =
 ssue Date =	7.90%
May 2018	Annual nterest Payments Due =	May 1st & 1ovember 1st	
Maturity Date =	May 2029	1OTE These Bonds are paid off as lot are sold to Home Builders

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

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

DETAILED FINAL DEBT SERVICE FUND BUDGET - SERIES 2019
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2021/2022 ACTUAL	FISCAL YEAR 2022/2023 BUDGET	FISCAL YEAR 2023/2024 BUDGET	

COMMENTS	
 nterest ncome	4,776	200	200	ProMected nterest	
1et 1AV Tax Collection	1,522,155	1,078,335	1,078,335	Maximum 1et Debt Service Collection	
1et 1AV Tax Collection B	302,644	371,750	350,000	
Estimate - Collected from Developer I Home Builder	
Landowner Contribution	0	0	0		
Prepaid Bonds	1,221,387	0	0		
Total Revenues	$	3,050,961	$	1,450,285	$	1,428,535		
					
EXPENDITURES					
Principal Payments	220,000	230,000	245,000	Principal Payments Due n 2024	
Principal Payments B	345,000	0	0		
 nterest Payments	864,080	848,960	835,660	 nterest Payments Due n 2024	
 nterest Payments B	380,409	371,750	350,000	Estimated nterest Payments Due in 2024	
Bond Redemptions	0	-425	-2,125	Estimated Excess Debt Collections	
Total Expenditures	$	1,809,489	$	1,450,285	$	1,428,535		
					
ExFess/ (SKortfall)	$	1,241,472	$	-	$	-		

Series 2019 Bond Information

Original Par Amount =	$15,700,000	Annual Principal Payments Due =	May 1st	
 nterest Rate =
 ssue Date = Maturity Date =	5.60%
April 2019
May 2050	Annual nterest Payments Due =	May 1st & 1ovember 1st	

Series 2019 B Taxable Bond Information	
Original Par Amount =	$2,200,000	Annual Principal Payments Due =	Paid as Lots Sold to Home Builders	
 nterest Rate =
 ssue Date = Maturity Date =	6.875%
December 2019
May 2029	Annual nterest Payments Due =	May 1st & 1ovember 1st	

Series 2019 B Tax Exempt (TE) Bond Information	
Original Par Amount =	$4,300,000	Annual Principal Payments Due =	Paid as Lots Sold to Home Builders	
 nterest Rate =
 ssue Date = Maturity Date =	5.250%
December 2019
May 2029	Annual nterest Payments Due =	May 1st & 1ovember 1st	

DETAILED FINAL DEBT SERVICE FUND BUDGET - SERIES 2020
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2021/2022 ACTUAL	FISCAL YEAR 2022/2023 BUDGET	FISCAL YEAR 2023/2024 BUDGET	

COMMENTS	
 nterest ncome	2,971	0	0	ProMected nterest	
 mpact Fees	3,881,729	1,073,500	5,582,400	Paid As mpact Fee Credits Are Earned	
					
Total Revenues	$	3,884,700	$	1,073,500	$	5,582,400		
					
EXPENDITURES					
 mpact Fee Principal Payments	590,000	0	4,535,000	Principal Payments Happen Based on Collections	
 mpact Fee nterest Payments	1,654,582	1,073,500	1,047,400	Estimated nterest Payments Due n 2024	

Total Expenditures	$	2,244,582	$	1,073,500	$	5,582,400		
					
ExFess/ (SKortfall)	$	1,640,118	$	-	$	-		

Series 2020 Bond Information

Original Par Amount =	$22,600,000	Annual Principal Payments Due =	Paid as mpact Fee Credits Are Earned	
 nterest Rate =	4.75%	Annual nterest Payments Due =	May 1st & November 1st	
 ssue Date =	July 2020			
Maturity Date =	November 2050			

DETAILED FINAL DEBT SERVICE FUND BUDGET - SERIES 2021
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2021/2022 ACTUAL	FISCAL YEAR 2022/2023 BUDGET	FISCAL YEAR 2023/2024 BUDGET	

COMMENTS	
 nterest ncome	11,256	200	200	ProMected nterest	
Net NAV Collection 2021 A-1 & A-2	0	4,003,203	3,999,654	Maximum Net Debt Service Collection	
Net NAV Collection 2021 B	854,542	1,458,000	880,500	Maximum Net Debt Service Collection	
Landowner Contribution	0	0	0		
Capitalized nterest	1,686,097	0	0		
Total Revenues	$	2,551,896	$	5,461,403	$	4,880,354		
					
EXPENDITURES					
Principal Payments 2021 A-1	0	575,000	590,000	Principal Payment Due n 2024	
Principal Payments 2021 A-2	0	565,000	595,000	Principal Payment Due n 2024	
Principal Payments 2021 B	0	0	0	Bonds Paid off as lots sold to Homebuilder	
 nterest Payments 2021 A-1	505,446	855,904	842,798	 nterest Payments Due n 2024	
 nterest Payments 2021 A-2	1,180,651	1,999,903	1,970,718	 nterest Payments Due n 2024	
 nterest Payments 2021 B	854,550	1,458,000	880,500	Estimated nterest Payments Due n 2024	
Bond Redemptions	0	7,596	1,338	Estimated Excess Debt Collections	
Total Expenditures	$	2,540,647	$	5,461,403	$	4,880,354		
					
ExFess/ (SKortfall)	$	11,248	$	-	$	-		

Series 2021 A-1 Bond Information

Original Par Amount =	$27,305,000	Annual Principal Payments Due =	May 1st	
 nterest Rate =
 ssue Date = Maturity Date =	3.299%
September 2021
May 2052	Annual nterest Payments Due =	May 1st & November 1st	

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

Series 2021 B Bond Information	
Original Par Amount =	$29,160,000	Annual Principal Payments Due =	NIA	
 nterest Rate =
 ssue Date = Maturity Date =	5.00%
September 2021
May 2041	Annual nterest Payments Due =	May 1st & November 1st	

DETAILED FINAL DEBT SERVICE FUND BUDGET - SERIES 2023
AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2021/2022 ACTUAL	FISCAL YEAR 2022/2023 BUDGET	FISCAL YEAR 2023/2024 BUDGET	

COMMENTS	
 nterest ncome	0	0	200	ProMected nterest	
Net NAV Collection 2023	0	0	2,165,531	Maximum Net Debt Service Collection	
Net NAV Collection 2023 TC ***	0	0	0	Maximum Net Debt Service Collection	
Landowner Contribution	0	0	0		
Capitalized nterest	0	0	3,084,281		
Total Revenues	$	-	$	-	$	5,250,013		
					
EXPENDITURES					
Principal Payments 2023	0	0	0	Principal Payment Due n 2024	
Principal Payments 2023 TC ***	0	0	0	Principal Payment Due n 2024	
 nterest Payments 2023	0	0	4,331,063	 nterest Payments Due n 2024	
 nterest Payments 2023 TC ***	0	0	918,750	 nterest Payments Due n 2024	
Bond Redemptions	0	0	200	Estimated Excess Debt Collections	
Total Expenditures	$	-	$	-	$	5,250,013		
					
ExFess/ (SKortfall)	$	-	$	-	$	-		

Series 2023 Bond Information

Original Par Amount =	$79,750,000	Annual Principal Payments Due =	May 1st	
 nterest Rate =
 ssue Date = Maturity Date =	5.537%
January 2023
May 2054	Annual nterest Payments Due =	May 1st & November 1st	

Series 2023 Town Center Bond Information ***	
Original Par Amount =	$15,000,000	Annual Principal Payments Due =	May 1st	
 nterest Rate =
 ssue Date = Maturity Date =	6.125%
June 2023
May 2054	Annual nterest Payments Due =	May 1st & November 1st	

*** All 2023 Town Center Bond information is an estimate as the Bond has not closed yet

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

	Fiscal <ear				Fiscal <ear				Fiscal <ear				Fiscal Year		

O&M Assessment For Parcel A-1	

$	2020I2021
Gross Assessment	

696.77		

$	2021I2022
Gross Assessment	

823.90		

$	2022I2023
Gross Assessment	

962.47			2023/2024
Projected Gross Assessment	

$843.90	
Clubhouse Operation Assessment For Parcel A-1	$		45.78		$		1,352.71		$		1,370.47		$		1,486.98	
Debt (2018-1) Assessment For Parcel A-1	$		2,077.13		$		2,077.13		$		2,077.13		$		2,077.13	
Debt (2018-3 Clubhouse) Assessment For Parcel A-1	$		742.00		$		742.00		$		742.00		$		742.00	
Total	$		3,561.68		$		4,995.74		$		5,152.07		$		5,150.01	
O&M Assessment For Parcel A-2	$		696.77		$		823.90		$		962.47		$		843.90	
Clubhouse Operation Assessment For Parcel A-2	$		45.78		$		1,352.71		$		1,370.47		$		1,486.98	
Debt (2018-1) Assessment For Parcel A-2	$		1,982.71		$		1,982.71		$		1,982.71		$		1,982.71	
Debt (2018-3 Clubhouse) Assessment For Parcel A-2	$		742.00		$		742.00		$		742.00		$		742.00	
Total	$		3,467.26		$		4,901.32		$		5,057.65		$		5,055.59	
O&M Assessment For Parcel A-3	$		696.77		$		823.90		$		962.47		$		843.90	
Clubhouse Operation Assessment For Parcel A-3	$		45.78		$		1,352.71		$		1,370.47		$		1,486.98	
Debt (2018-1) Assessment For Parcel A-3	$		1,888.30		$		1,888.30		$		1,888.30		$		1,888.30	
Debt (2018-3 Clubhouse) Assessment For Parcel A-3	$		742.00		$		742.00		$		742.00		$		742.00	
Total	$		3,372.85		$		4,806.91		$		4,963.24		$		4,961.18	
O&M Assessment For Parcel A-4	$		696.77		$		823.90		$		962.47		$		843.90	
Clubhouse Operation Assessment For Parcel A-4	$		45.78		$		1,352.71		$		1,370.47		$		1,486.98	
Debt (2018-1) Assessment For Parcel A-4	$		2,171.54		$		2,171.54		$		2,171.54		$		2,171.54	
Debt (2018-3 Clubhouse) Assessment For Parcel A-4	$		742.00		$		742.00		$		742.00		$		742.00	
Total	$		3,656.09		$		5,090.15		$		5,246.48		$		5,244.42	
O&M Assessment For Parcel A-5 (50 Foot)	$		696.77		$		823.90		$		962.47		$		843.90	
Clubhouse Operation Assessment For Parcel A-5 (50 Foot)	$		-		$		-		$		-		$		-	
Debt (2018-1) Assessment For Parcel A-5 (50 Foot)	$		1,888.30		$		1,888.30		$		1,888.30		$		1,888.30	
Debt (2018-3 Clubhouse) Assessment For Parcel A-5 (50 Foot)	$		-		$		-		$		-		$		-	
Total	$		2,585.07		$		2,712.20		$		2,850.77		$		2,732.20	
O&M Assessment For Parcel A-5 (60 Foot)	$		696.77		$		823.90		$		962.47		$		843.90	
Clubhouse Operation Assessment For Parcel A-5 (60 Foot)	$		-		$		-		$		-		$		-	
Debt (2018-1) Assessment For Parcel A-5 (60 Foot)	$		1,982.71		$		1,982.71		$		1,982.71		$		1,982.71	
Debt (2018-3 Clubhouse) Assessment For Parcel A-5 (60 Foot)	$		-		$		-		$		-		$		-	
Total	$		2,679.48		$		2,806.61		$		2,945.18		$		2,826.61	
O&M Assessment For S.F. Villas	$		696.77		$		823.90		$		962.47		$		843.90	
Clubhouse Operation Assessment For S.F. Villas	$		45.78		$		1,352.71		$		1,370.47		$		1,486.98	
Debt (2018-1) Assessment For S.F. Villas	$		1,063.83		$		1,063.83		$		1,063.83		$		1,063.83	
Debt (2018-3 Clubhouse) Assessment For S.F. Villas	$		742.00		$		742.00		$		742.00		$		742.00	
Total	$		2,548.38		$		3,982.44		$		4,138.77		$		4,136.71	
O&M Assessment For Econ Dev	$		696.77		$		823.90		$		962.47		$		843.90	
Clubhouse Operation Assessment For Econ Dev	$		-		$		-		$		-		$		-	
Debt (2018-1) Assessment For Econ Dev	$		2,127.66		$		2,127.66		$		2,127.66		$		2,127.66	
Debt (2018-3 Clubhouse) Assessment For Econ Dev	$		-		$		-		$		-		$		-	
Total (Per Acre)	$		2,824.43		$		2,951.56		$		3,090.13		$		2,971.56	
O&M Assessment For Town Center	$		696.77		$		823.90		$		962.47		$		843.90	
Clubhouse Operation Assessment For Town Center	$		-		$		-		$		-		$		-	
Debt (2018-1) Assessment For Town Center	$		2,127.66		$		2,127.66		$		2,127.66		$		2,127.66	
Debt (2018-3 Clubhouse) Assessment For Town Center	$		-		$		-		$		-		$		-	
Total (Per Acre)	$		2,824.43		$		2,951.56		$		3,090.13		$		2,971.56	

* Assessments nclude the Following :				
4% Discount for Early Payments 1% County Tax Collector Fee
1% County Property Appraiser Fee				
		Lot Count Information					
First Phase		Second Phase		Third Phase			
Parcel A-1	98	Parcel A-6	# 245	Parcel A-10	172		
Parcel A-2	92	Parcel A-7	# 47	Parcel A-11	101		
Parcel A-3	119	Parcel A-8	# 98	Parcel A-12	139		
Parcel A-4	107	Parcel A-9	# 118	Parcel A-13I14 125'	55		
Parcel A-5	267	Total Second Phase	# 508	Parcel A-13I14 175'	24		
Parcel A-5	202		#	Parcel A-15 50'	358		
SF Villas	250		#	Parcel A-15 62'	204		
First Phase Residential	1,135			Parcel A-16 50'	283		
			#	Parcel A-16 60'	208		
Econ Dev (50 Acres)	82		#	Parcel A-17	125		
Town Center (53 Acres)	86.92			Parcel A-18	110		
First Phase Non-Residential	168.92			Parcel A-19	135		
				Parcel A-20 55'	75		
Total First Phase	1,304			Parcel A-20 65'	69		
				Parcel A-21	128		
				Third Phase Residential	2,186		
				Golf Course		357	
	Charter School	11.91132
Comm Parcel "D"	160
Comm Parcel "H"	19
Comm Parcel "J"	36
Third Phase Non-Residential	583

Total Third Phase	# 2,769	

O&M Calculations

TOTAL UN TS
Phase 1
Phase 2 Phase 3 Total Units

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

O&M per Unit

1,304
508
2,769
4,581

$3,865,793 I 4,581

$843.90

TOTAL RES DENT AL UN TS
Phase 1
Phase 2 Phase 3 Total Units

1,135
508
2,186
3,829

TOTALCLUBHOUSE UN TS
Phase 1
Phase 2 Total Units

Total Gross Clubhouse Operation Expenses I Total Clubhouse Units =

Clubhouse Operation per Unit

666
508
1,174

$1,745,718 I 1,174

$1,486.98

Note: Parcel A-5, Econ Dev, Town Center, and Phase 3 are Not Assessed For Clubhouse Assessment - They Receives No Special Benefit

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

	Fiscal <ear			Fiscal <ear			Fiscal <ear			Fiscal Year		

O&M Assessment For Parcel A-6	

$	2020I2021
Gross Assessment	

696.77	

$	2021I2022
Gross Assessment	

823.90	

$	2022I2023
Gross Assessment	

962.47	

$	2023/2024
Projected Gross Assessment	

843.90	
Clubhouse Operation Assessment For Parcel A-6	$		45.78	$		1,352.71	$		1,370.47	$		1,486.98	
Debt (2019) Assessment For Parcel A-6	$		2,322.00	$		2,322.00	$		2,322.00	$		2,322.00	

Total	$	3,806.55  $	5,240.61  $	5,396.94  $	742.00
5,394.88	
O&M Assessment For Parcel A-7	$	696.77	$	823.90	$	962.47	$	843.90	
Clubhouse Operation Assessment For Parcel A-7	$	45.78	$	1,352.71	$	1,370.47	$	1,486.98	
Debt (2019) Assessment For Parcel A-7	$	2,554.00	$	2,554.00	$	2,554.00	$	2,554.00	

Total	$	4,038.55  $	5,472.61  $	5,628.94  $	742.00
5,626.88	
O&M Assessment For Parcel A-8	$	696.77	$	823.90	$	962.47	$	843.90	
Clubhouse Operation Assessment For Parcel A-8	$	45.78	$	1,352.71	$	1,370.47	$	1,486.98	
Debt (2019) Assessment For Parcel A-8	$	2,554.00	$	2,554.00	$	2,554.00	$	2,554.00	

Total	$	4,038.55  $	5,472.61  $	5,628.94  $	742.00
5,626.88	
O&M Assessment For Parcel A-9	$	696.77	$	823.90	$	962.47	$	843.90	
Clubhouse Operation Assessment For Parcel A-9	$	45.78	$	1,352.71	$	1,370.47	$	1,486.98	
Debt (2019) Assessment For Parcel A-9	$	1,983.00	$	1,983.00	$	1,983.00	$	1,697.31	

Debt (2018-3 Clubhouse) Assessment For Parcel A-6

 $	742.00

 $	742.00

 $	742.00  $	

Debt (2018-3 Clubhouse) Assessment For Parcel A-7

 $	742.00

 $	742.00

 $	742.00  $	

Debt (2018-3 Clubhouse) Assessment For Parcel A-8

 $	742.00

 $	742.00

 $	742.00  $	

Debt (2018-3 Clubhouse) Assessment For Parcel A-9

 $	742.00

 $	742.00

 $	742.00

 $	742.00

Total

$	3,467.55  $

4,901.61  $

5,057.94  $

4,770.19

Note: Parcel A-5, Econ Dev, Town Center, and Phase 3 are Not Assessed For Clubhouse Assessment - They Receives No Special Benefit

* Assessments nclude the Following :				
4% Discount for Early Payments 1% County Tax Collector Fee
1% County Property Appraiser Fee				
		Lot Count Information				
First Phase		Second Phase		Third Phase		
Parcel A-1	98	Parcel A-6	# 245	Parcel A-10	172	
Parcel A-2	92	Parcel A-7	# 47	Parcel A-11	101	
Parcel A-3	119	Parcel A-8	# 98	Parcel A-12	139	
Parcel A-4	107	Parcel A-9	# 118	Parcel A-13I14 125'	55	
Parcel A-5	267	Total Second Phase	# 508	Parcel A-13I14 175'	24	
Parcel A-5	202		#	Parcel A-15 50'	358	
SF Villas	250		#	Parcel A-15 62'	204	
First Phase Residential	1,135			Parcel A-16 50'	283	
			#	Parcel A-16 60'	208	
Econ Dev (50 Acres)	82		#	Parcel A-17	125	
Town Center (53 Acres)	86.92			Parcel A-18	110	
First Phase Non-Residential	168.92			Parcel A-19	135	
				Parcel A-20 55'	75	
Total First Phase	1,304			Parcel A-20 65'	69	
				Parcel A-21	128	
				Third Phase Residential	2,186	
				Golf Course	356.8148	
				Charter School	11.91132	
				Comm Parcel "D"	159.8016	
				Comm Parcel "H"	18.7452	
				Comm Parcel "J"	35.67	
				Third Phase Non-Residential	583	
				Total Third Phase	# 2,769	
						
		O&M Calculations				
TOTAL UN TS
Phase 1	
1,304	Total Gross O&M Expenses I Total O&M Units =	O&M per Unit	
Phase 2	508	$3,865,793 I 4,581	$843.90	
Phase 3	2,769			
Total Units	4,581			
TOTAL RES DENT AL UN TS
Phase 1	
1,135			
Phase 2	508			
Phase 3	2,186			
Total Units	3,829			
TOTALCLUBHOUSE UN TS
Phase 1	
666	Total Gross Clubhouse Operation Expenses I Total Clubhouse Units =	Clubhouse Operation per Unit	
Phase 2	508	$1,745,718 I 1,174	$1,486.98	
Total Units	1,174			

Avenir Community Development District Assessment Comparison (Parcels A-10 - A-21)

	Fiscal <ear		Fiscal <ear		Fiscal <ear			Fiscal Year		

O&M Assessment For Parcel A-10	

$	2020I2021
Gross Assessment	

-	$	2021I2022
Gross Assessment	

-	$	2022I2023
Gross Assessment
-		

$	2023/2024
Projected Gross Assessment	

843.90	
Debt (2021) Assessment For Parcel A-10	$		-	$		-	$	2,845.00		$		2,845.00	
Total	$		-	$		-	$	2,845.00		$		3,688.90	
O&M Assessment For Parcel A-11	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-11	$		-	$		-	$	3,176.00		$		3,176.00	
Total	$		-	$		-	$	3,176.00		$		4,019.90	
O&M Assessment For Parcel A-12	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-12	$		-	$		-	$	5,102.00		$		5,102.00	
Total	$		-	$		-	$	5,102.00		$		5,945.90	
O&M Assessment For Parcel A-13I14 125'	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-13I14 125'	$		-	$		-	$	6,259.00		$		6,259.00	
Total	$		-	$		-	$	6,259.00		$		7,102.90	
O&M Assessment For Parcel A-13I14 175'	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-13I14 175'	$		-	$		-	$	7,911.00		$		7,911.00	
Total	$		-	$		-	$	7,911.00		$		8,754.90	
O&M Assessment For Parcel A-15 50'	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-15 50'	$		-	$		-	$	1,889.00		$		1,889.00	
Total	$		-	$		-	$	1,889.00		$		2,732.90	
O&M Assessment For Parcel A-15 62'	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-15 62'	$		-	$		-	$	1,983.00		$		1,983.00	
Total	$		-	$		-	$	1,983.00		$		2,826.90	
O&M Assessment For Parcel A-16 50'	$		-	$		-	$	-		$		843.90	
Debt (2023) Assessment For Parcel A-16 50'	$		-	$		-	$	-		$		5,670.00	
Total	$		-	$		-	$	-		$		6,513.90	
O&M Assessment For Parcel A-16 60'	$		-	$		-	$	-		$		843.90	
Debt (2023) Assessment For Parcel A-16 60'	$		-	$		-	$	-		$		6,805.00	
Total	$		-	$		-	$	-		$		7,648.90	
O&M Assessment For Parcel A-17	$		-	$		-	$	-		$		843.90	
Debt (2023) Assessment For Parcel A-17	$		-	$		-	$	-		$		7,373.00	
Total	$		-	$		-	$	-		$		8,216.90	
O&M Assessment For Parcel A-18	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-18	$		-	$		-	$	3,176.00		$		3,176.00	
Total	$		-	$		-	$	3,176.00		$		4,019.90	
O&M Assessment For Parcel A-19	$		-	$		-	$	-		$		843.90	
Debt (2023) Assessment For Parcel A-19	$		-	$		-	$	-		$		7,373.00	
Total	$		-	$		-	$	-		$		8,216.90	
O&M Assessment For Parcel A-20 55'	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-20 55'	$		-	$		-	$	1,935.00		$		1,935.00	
Total	$		-	$		-	$	1,935.00		$		2,778.90	
O&M Assessment For Parcel A-20 65'	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-20 65'	$		-	$		-	$	2,030.00		$		2,030.00	
Total	$		-	$		-	$	2,030.00		$		2,873.90	
O&M Assessment For Parcel A-21	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Parcel A-21	$		-	$		-	$	3,176.00		$		3,176.00	
Total	$		-	$		-	$	3,176.00		$		4,019.90	
O&M Assessment For Golf Course	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Golf Course per Acre	$		-	$		-	$	295.00		$		295.00	
Total	$		-	$		-	$	295.00		$		1,138.90	
O&M Assessment For Charter School	$		-	$		-	$	-		$		843.90	
Debt (2021) Assessment For Charter School per Acre	$		-	$		-	$	2,247.00		$		2,247.00	
Total	$		-	$		-	$	2,247.00		$		3,090.90	
O&M Assessment For Commercial Parcel "D"	$		-	$		-	$	-		$		843.90	
Debt (2023) Assessment For Commercial Parcel "D"	$		-	$		-	$	-		$		7,044.00	
Total	$		-	$		-	$	-		$		7,887.90	
O&M Assessment For Commercial Parcel "H"	$		-	$		-	$	-		$		843.90	
Debt (2023) Assessment For Commercial Parcel "H"	$		-	$		-	$	-		$		1,481.00	
Total	$		-	$		-	$	-		$		2,324.90	
O&M Assessment For Commercial Parcel "J"	$		-	$		-	$	-		$		843.90	
Debt (2023) Assessment For Commercial Parcel "J"	$		-	$		-	$	-		$		7,044.00	
Total	$		-	$		-	$	-		$		7,887.90	

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

	Lot Count Information		
First Phase		Second Phase		Third Phase		
Parcel A-1	98	Parcel A-6	# 245	Parcel A-10	172	
Parcel A-2	92	Parcel A-7	# 47	Parcel A-11	101	
Parcel A-3	119	Parcel A-8	# 98	Parcel A-12	139	
Parcel A-4	107	Parcel A-9	# 118	Parcel A-13I14 125'	55	
Parcel A-5	267	Total Second Phase	# 508	Parcel A-13I14 175'	24	
Parcel A-5	202		#	Parcel A-15 50'	358	
SF Villas	250		#	Parcel A-15 62'	204	
First Phase Residential	1,135			Parcel A-16 50'	283	
			#	Parcel A-16 60'	208	
Econ Dev (50 Acres)	82		#	Parcel A-17	125	
Town Center (53 Acres)	86.92			Parcel A-18	110	
First Phase Non-Residential	168.92			Parcel A-19	135	
				Parcel A-20 55'	75	
Total First Phase	1,304			Parcel A-20 65'	69	
				Parcel A-21	128	
				Third Phase Residential	2,186	
				Golf Course	356.8148	
				Charter School	11.91132	
				Comm Parcel "D"	159.8016	
				Comm Parcel "H"	18.7452	
				Comm Parcel "J"	35.67	
				Third Phase Non-Residential	583	
				Total Third Phase	# 2,769	
						
		O&M Calculations				
TOTAL UN TS
Phase 1	
1,304	Total Gross O&M Expenses I Total O&M Units =	O&M per Unit	
Phase 2	508	$3,865,793 I 4,581	$843.90	
Phase 3	2,769			
Total Units	4,581			
TOTAL RES DENT AL UN TS
Phase 1	
1,135			
Phase 2	508			
Phase 3	2,186			
Total Units	3,829			

RESOLUTION NO. 2023-12

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR	COMMUNITY	DEVELOPMENT	DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2023/2024 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is necessary for the Avenir Community Development District ("District") to establish a regular meeting schedule for fiscal year 2023/2024; and

WHEREAS, the Board of Supervisors of the District has set a regular meeting schedule, location and time for District meetings for fiscal year 2023/2024 which is attached hereto and made a part hereof as Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:

Section 1.   The above recitals are hereby adopted.

Section 2.  The regular meeting schedule, time and location for meetings for fiscal year 2023/2024 which is attached hereto as Exhibit “A” is hereby adopted and authorized to be published.

PASSED, ADOPTED and EFFECTIVE this 24th day of August, 2023.

ATTEST:	AVENIR
COMMUNITY DEVELOPMENT DISTRICT

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

AVENIR COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2023/2024 REGULAR MEETING SCHEDULE

NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Avenir Community Development District will hold Regular Board Meetings at the offices of Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida 33410 at 12:30 p.m. on the following dates:

October 26, 2023
November 16, 2023
December 21, 2023
January 25, 2024
February 22, 2024
March 28, 2024
April 25, 2024
May 23, 2024
June 27, 2024
July 25, 2024
August 22, 2024
September 26, 2024

The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained from the District’s website or by contacting the District Manager at 561-630-4922 and/or toll free at 1-877-737-4922 prior to the date of the particular meeting.

From time to time one or two Supervisors may participate by telephone; therefore, a speaker telephone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Said meeting(s) may be continued as found necessary to a time and place specified on the record.

If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based.

In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at 561-630-4922 and/or toll free at 1-877-737-4922 at least seven (7) days prior to the date of the particular meeting.

Meetings may be cancelled from time to time without advertised notice.

AVENIR COMMUNITY DEVELOPMENT DISTRICT

www.avenircdd.org

PUBLISH: PALM BEACH DAILY BUSINESS REVIEW  10/17/22

Avenir Community Development District Event Permit Request www.avenircdd.org
Applicant Information

Contact Name: 			Email: 	 Anticipated Number of Attendance			Telephone 	

Description of Event

Event Title: 		Location: 	 Date of Event: 	 	Event Hours: 	 Rain Date: 	 

Applicant Event organizers wishing to hold a special event within the Avenir Community Development District (The “District”) must obtain a special event permit. To obtain a permit, the following documents are required:

Completed Event Application, including application fee of $250, payable to Avenir Community Development District, 2501A Burns Rd, Palm Beach Gardens, Florida 33410.

General Liability Insurance

Copy of City of Palm Beach Gardens Special Event Application approval and consent of the applicable Law Enforcement Agency having jurisdiction for any requested roadway closures

A map, no larger than 8-1/2” X 14”, showing the location – including the beginning and ending of the road closure and/or streets that are being blocked off

Maintenance of Traffic Plan

The request must be submitted to the District in letter form on official letterhead as an attachment to an email

Approval is only for roads included in District. All other locations will require approval, as necessary, from the maintaining agency or owner.

Permit applications shall be filled out completely and received by the District:

A minimum of ninety (90) working days in advance of any event

If application is not filled out completely and all attachments are not included, it will be rejected.

Each Event Application is reviewed by the District Manager and must be approved by the Board of Supervisors of the District. The approval is granted in the form of an approved permit with special conditions.

PAGE 1 OF 2

INSURANCE/LIABILITY REQUIREMENTS

Permit event holders, and its contractor(s), if applicable shall require all participants to execute a liability waiver agreeing to indemnify and hold harmless the District from any and all rights, claims, demands, losses, damages, expenses, costs, and actions (including reasonable attorneys’ fees) relative to the participant or his or her property as a result of the Event.

Event holders, and its contractor(s), if applicable, shall use all due care to protect the Property from damage and agrees to repair, and/or to require its contractor(s) to repair, any damage to the Property resulting from the Event within twenty-four (24) hours of same. Event holders and its contractor(s), if applicable, shall further clean up all trash and debris relative to the Event within twenty-four (24) hours of same.
To the extent allowed by law, Event Holders shall indemnify and hold harmless Avenir Community Development District and its supervisors, staff, employees, agents, and consultants from and against any and all liability for any and all personal injury, wrongful death, or property damage, including attorney’s fees, arising out of or resulting from use of the Property relative to the Event in the event such liability, loss, or damage results from any negligence by Event Holders, its contractors, agents, or employees.

a.

Additionally, Event Holders shall carry and maintain, at its sole cost and expense, the following types

of insurance, which shall provide coverage on an occurrence basis, with respect to the Property, in the amounts specified and in the form hereinafter provided for: Commercial General Liability Insurance. Commercial general liability insurance covering claims arising from bodily injury and property damage with minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate and insuring against legal liability of the insured with respect to the Property or arising out of the maintenance, use, or occupancy thereof. The liability policy also shall cover, but not be limited to, host liability coverage and other contractual liabilities of
Event Holder arising from the Event and this Agreement.

b.

Excess Liability Insurance. Licensee shall also carry and maintain umbrella liability insurance with a

limit of not less than $1,000,000.00 per occurrence.

c.

Certificate of Insurance. A certificate of insurance naming the District, its supervisors, staff,

employees, agents, and consultants as an additional insured in connection with Event Holders general liability is attached and incorporated hereto as Exhibit “A”.
Nothing herein shall be construed as a waiver by the District of its sovereign immunity granted by section 768.28, Florida Statutes.

Special Conditions (listed below):

Signature of Applicant: 	 Title: 	

Date: 	

Signature of Approval: 	 Title: 	

Date: 	

AGE 2 OF 2

Jason Pierman

From:	rick wollman <rwollman1218@gmail.com>
Sent:	Friday, August 4, 2023 4:18 PM
To:	Jason Pierman
Subject:	Fwd: Permit Form/Suggestions/Feedback
Attachments:	Race Course 7.6.23.jpg; Avenir Race Traffic Plan PDF.pdf

Hi Jason
See below. Please let me know when received Thanks
Rick

---------- Forwarded message ---------
From: rick wollman <rwollman1218@gmail.com> Date: Wed, Aug 2, 2023 at 6:59 AM
Subject: Permit Form/Suggestions/Feedback To: <jpierman@avenircdd.org>
CC: shawollman@gmail.com <shawollman@gmail.com>

Hi Jason

I looked over the permit application you emailed us. Here is what we have so far. Please let us know your feedback, suggestions etc.

Applicant Information
Contact Name: Rick & Sharon Wollman Anticipated Number of Attendance: 100

Description of Event
Avenir 3 Mile Fun Run/Walk for K9 for Warriors Charity
(we will be using our 501c3 non profit)
Date of Event: 11/5/23
Rain Date: 11/12/23

Location: Avenir of Palm Beach Gardens - Start and Finish Avenir Clubhouse Parking Lot. (see attached course map for details)

Event Hours: 8:30 AM - 11:30 AM

Documentation
We will submit an application fee of $250 when required
We will do the same for liability insurance
Not sure what/if this is required for our race. Once we get owner's authorization from Avenir CDD/Board we will immediately submit a PBG town application. (We have been in constant communication with Meghan Wyble and the Mayor, Chelsea Reed and they seem bullish on this idea.)
Map Course: See attached
Maintenance of Traffic Plan: See attached
Not sure if applicable right now
N/A

Jason, is this what you think the board would require? Are we on the right track?

Much Appreciated Rick & Sharon

Avenir 3 Mile Fun Run/Walk for K9 for Warriors Traﬃc Plan
Start/Finish Lines: Avenir Clubhouse, Or Regency at Avenir
Clubhouse (We have a verbal commitment from Regency Lifestyle director for our clubhouse).

Parking: There will be ample parking for participants at these clubhouses. Majority of participants will be from Avenir communities and would not be of need of parking. If need be we will have overflow parking at whichever clubhouse is not being used for race start and finish.

Safety

First and foremost we have chosen this specific day (Sunday), time (8:30 - 11:30 AM) and course (see course map) to maximize participant safety and minimize vehicle usage.

Course will only use the wide sidewalks of Avenir Drive and northern Coconut Blvd. going in each direction.
There should be no construction vehicles and limited cars.
Volunteers and cones will be present at each crossover and entrances to Avenir communities (See course map) to direct runners and stop any incoming/outgoing cars.
There will be full regular street access (no road closures) for medical, police, fire if needed.

Race Organizations
We have engaged two experienced race organizations which will assist with all aspects of our race especially for traﬃc and safety.

Page 31

Light Er Up
8200 NW 93rd St
Medley, FL 33166
(305) 907-7171
admin@lighterupmia.com

INVOICE		
BILL TO		INVOICE	2469		
Avenir Community Development District		DATE	07/10/2023		
12001 Northlake Boulevard		TERMS	Due on receipt		
West Palm Beach, Florida		DUE DATE	07/10/2023		
33412 USA					
c/o Special District Services, Inc.					
2501A Burns Road					
Palm Beach Gardens, Florida 33410					
ACTIVITY	QTY	RATE		AMOUNT	

LIGHTING:PALM TREE WRAPPING
Wrap of Date Palms At Club house entrance in
commercial Grade warm white LED lighting, add a golden ring at no additional cost. Add 17-22 palm frowns in commercial grade warm white LED lighting ( FRONT
ENTRANCE)	
5.50	
625.00		
3,437.50	
LIGHTING:PALM TREE WRAPPING
Wrap of Date Palms At Club house entrance in
commercial Grade warm white LED lighting, add a golden ring at no additional cost. Add 17-22 palm frowns in commercial grade warm white LED lighting ( CENTER ISLAND)	2	625.00		1,250.00	
LIGHTING:PALM TREE WRAPPING
Wrap of Date Palms At Club house entrance in
commercial Grade warm white LED lighting, add a golden ring at no additional cost. Add 17-22 palm frowns in commercial grade warm white LED lighting ( CLUB HOUSE )	3	625.00		1,875.00	
LIGHTING:PALM TREE WRAPPING
Wrap of Date Palms At Club house entrance in
commercial Grade warm white LED lighting, add a golden ring at no additional cost. Add 17-22 palm frowns in commercial grade warm white LED lighting ( CLUB HOUSE ENTRANCE)	1.50	625.00		937.50	
packages:MAINTENANCE
24/7 Customer Service and 24 hour turn around on all repairs
Weekly routine checks to ensure all lights are in working order are included.
Customer is responsible for providing 115 VAC power
outlets within 25 feet of lighting area and or lighted decor Reasonable hardware and power cords up to 25 feet in length are included
Light Er Up is not responsible for outages due to ground fault interrupters ( GFI) or insufficient electrical
requirements	0.50	0.00		0.00	
YEAR 2 OF 3 LEASE TERM					

Contract Payment Terms:

50% of total contract amount is due upon agreement. 25% of remaining balance upon material arrival at job site. 25% final payment after
completion of project and walk Thru with Client. Deposits are NON- Refundable.
** Proposals are only valid for 30 days as they are configured to that months special pricing.

PRICING ABOVE IS BASED ON CURRENT BUNDLED LEASE PRGRAM, BUNDLED LEASE PRICE IS FOR 2022, 2023 & 2024 HOLIDAY SEASON

BALANCE DUE	$7,500.00

R&B Pressure Cleaning, LLC.

16245 Orchard Dr.
Westlake, FL33470
Phone: 561-410-2982
To:
Address	Avenir Community DeveloP.ment District
2501 A Burns Road
Palm Beach Gardens, FL 33410 PALM BEAGI	Contact:
Phone: Fax:	Keith OBrein
561-239-5 51	
Project Name Project Location:	A.venlr Cleaning
Palm Be ch Gnrdens	Bid Number: Bid Date:	Proposal
06/19/2023	
lune# Item#	"Item Description	Estimated quantity Unit	Unit Price	Total PriceI
10	Spine 1 Curb	30,200.00  LF	so.10	$3,020.00
20	Spine 1 Sidewal	63,400.00 Sf	$0.12	$7,608.00
2l	Spine 1 Bypass Rd Curb	2,280.00 l.f	$0.10	$228.00
22	Spine 1 Bypass Rd Sidewalk	8,420.00 SF	$0.12	$1,010.40
30	Spine 2 Curb	25,150.00 LF	S0.10	$2,515.00
40	Spine 2 Sidewall,;	62,300.00 SF	S0.12	$7,476.00
50	Spine 3 Curb	11,800.00 LF	S0.10	$1,180.00
60	Spine .2 Sidewalk	27,900.00 SF	$0,12	$3,348.00
70	Entry Feature	1.00 LS	si,soo.oo	$1,800.00
80	Gaz@bo	LOO LS	(400~00	f400~00
90	Pump House - Sidwalks And Curbs	1.00 LS	$975.00	$975.00

Total Bid Price:	$29,560.40
Notes:
Pritts quot<'d are' ba ed tm completing all 1cem;; mac	nunuou, opernuon. Should a portion be delC'ted or suspend<'d, price quot areubject to revision. A
reas n:\bl re-m bili.zalion charge will be mad.! or each a<lditional move-in requir d b Cllil0mer.
Final quant,ue.s to be derennined by field measur<'menLS.
Waler to be supplied bran on site source.
Propo al includ allfuel laoor andclt'alling chem.kab.

ACCEPT£0:	CONFIRMED:	
The above prices, specifications and conditions are satisfactory and are hereby accepted.	R B Pressure Cleaning, LLC.	
Buyer: 			
Signature:	Authorized Signature:	

Date of Acceptance:	President: Rob linsko:.	

06/19/2023 4:14:46 PM	Page 1 of l

August 8, 2023

Jason Piefman

Avenir Community Development District 2501A Burns Rd
Palm Beach Gardens, FL 33410 1pierman@svinirPBG.com
Re:	Avenir Pedestrian Bridge Dear Mr. Pierman,
WGI, Inc. (WGI) is pleased to provide thts proposal to Avenir Community Development
District(Avenir, COD) / (CLIENT) for Structural Engineering services. Our scope of services and corresponding fees are detailed below. In addition, it is agreed that WGl's services will be performed pursuant to WGl's Contract Terms and Conditions, which are enclosed and incorporated into this proposal.

SCOPE OF SERVICES

Preliminary Engineering	$5,000.00
Preliminary Engineering for the 80 foot span pedestrian bridge will consist of coordination with the CLIENT regarding bridge style, aesthetics, low member elevation, and potential use (ie. Pedestrian use only or maintenance equipment, equestrian use..,;etc) and development of a criteria package for the potential bridge manufacturers. This task will also consist of coordination with the bridge manufactures for the bridge reaction range to be used as the basis for the bridge foundation design.

Bridge Foundation Design	$25,000.00
The bridge foundation design will utilize the bridge reaction range, obtained from the bridge manufacturers, to design, detail and develop construction documents for the two end bridge abutments, approach slabs, pilings, return walls and scour protection for the bridge. A geotechnical report will be required with two (2) borings to a minimum depth of 60 foot will be required and is not included in these services. It is our understanding that permitting will be minor and limited to the Avenir COD and Building Permit (to be submitted by the Contractor) with Palm Beach Gardens,

Ill.  Construction Observation	$24,000.00
Construction services are highly dependent on the Contractor selected to perform the work. The services indicated below do not anticipate multiple reviews or observations of the same work, scheduled inspections of incomplete sections of the work, or structural design and re-engineering to correct poor construction workmanship. Any construction work observed to be substandard will be brought to the CLIENT's attention and associated services will be invoiced on a time and material basis. The construction observation services provided are dependent on notification by the Contractor for work which will be covered such as underground foundations, reinforcing within concrete forms to be cast, driven or cast piles, or structural steel covered by finishes or other

203:.., V1 l,i Parkway. WasI Palm Be 1 1 I I	'3 + I I	t: )61 087- -20  f: 56 1.687 I I Iu	WGlnc 1 11m

Avenir Community Development District
August 8, 2023
Page 2 of 9
substrates. The engineer cannot provide certifications of components beyond those specifically observed during the duration of our site visit.

The construction services will consist of;
	Sign and seal maximum of two (2) sets of plans for the contractor's use in obtaining the building permit. If the WGI structural documents are included as a part of a larger set of construction documents, the plans are to be provided by the CLIENT;
Attend preconstruction meeting and up to four (4) monthly progress meetings;
Review shop drawings, bridge design calculations, test reports, and other relevant submittal data.
Shop drawings are anticipated to consist of;
Concrete mix designs
Steel reinforcement
Structural steel, steel deck review
Provide interpretation of plans and specifications. Assist with review of contractor's proposals for any changes of work;
	Provide field observations of work progress. Provide observation reports to the CLIENT for each field visit. Level of effort shall be that required to provide certification of project completion and conformance with plans and specifications as they relate to 'the structural design elements. We have anticipated ten (10) field visits;
Participate in Substantial Completion and Final Completion walk-throughs for the project. Provide CLIENT assistance in generating Punch List items for the project; (and)
7,  Provide project certifications of the observed portions and components of the work.

Any additional optional services requested by CLIENT will be provided in accordance with WGl's current hourly fee schedule in effect at the time of service, or a fixed fee to be negotiated once a scope of service is defined.

We appreciate the opportunity to be of service to Avenir Community Development District. Upon acceptance of this proposal, please sign and return an executed copy to this office. Please note that the Contract Terms and Conditions are an integral part of this contract, are hereby incorporated by reference, and are controlling unless both parties expressly waive them in Writing prior to commencement of work.

Respectfully submitted,
WGl,lnc.

ructures

Page 36

Avenir Community Development District
August 8, 2023
Page 3 of 9

CLIENT'S CORPORATE ATTESTATION; If signing this Proposal on behalf of a corporate entity, I hereby affirm that such entity is correctly identified above, and is legally valid, active, and duly licensed and authorized to conduct business in the state where the project is located. I also affirm that I am duly authorized and have legal capacity to execute this Proposal and bind the corporate entity.

AUTHORIZATION FOR CREDIT CHECK: By signing this Proposal, I hereby authorize WGI to conduct a credit check or obtain a credit report with respect to CLIENT (as identified in this Proposal) for purposes of WGI providing services to CLIENT.

Corporate Representative:

Name (Printed}

This Proposal accepted this 		day of 	, 2022

By
Name (Signature)
Avenir CDD

Please provide the following billing information:

Name / Company Name

Billing Address

City	State	Zip

Contact Name	Email Address

Phone Number	Fax Number

Enc.:	WGI, Inc. Contract Terms and Conditions, Fee Schedule

Page 37

@WGI.
WGI, INC.
CONTRACT TERMS AND CONDITIONS
JUNE 2020
L Performance-: WGI, Inc.'s l"WGI") service' nursuant to this Agreement ('·Servicc-s"') will be performed in a manner consistent with that degree of ski!I und care ordinarily exercised by members of the i;amc profession currently pructicing under similar circumstances in (he same geographic area. No other warranties, expressed or implied, are made with 1·espcct to WGl's performance of Services. WGl is not a guarantor oJ the Projeut for which its Services are directed, and its responsibility is limited to work pe1fonncd for the Client. Wot is not responsible for acts or omissions of the Client, nor third parties not under its direct c ntrol. 'lienl's accept,mce of WGI s Services constitutes acceptance of these Tenns and Conditions.

2.		Billing/Payments:Jnvoices for WGl's Services and reimbursable expenses shall be submitted on a monfl1ly basis. Payment shall be tluti on lhc date each invoice is receiVed and i;hall be deemed delinquent 30 calendar days after issuance. Delinquent invoices shall accrue interest on the bal!rnce clue ut a rate of 18% per annum, or the highest interest rate allowable by law, Outstanding invoices delinquent beyond 45 calendar days may al WGl's election be tlecmcd a notice to stop performance under this contracl, and WGI may in that event suspend its Services until llie invoice is puicl, with no liability to WGL Clieni shall make payment in full al or before delivery to Client' of any reports, plans, record drawing, or cc1iilicalio11s prepared under this Agreement. All attorney • ft:es, court costs and/or expenses associated with collection of past due invoices will be paid by Client, whether or not suit is filed. Client's failure lo timely pay any WGI inv(>ice within 45 calendar days of issuance shall constitute a waiver of any and all claims against WGI. Retainen, shall be credited 011 WGJ's t'inal invoice.
3, Fees: WG['s fees foi- its Services are set forth u1WGl's Fee Schedule, which is attached as a separute exhibit to this Agreement or has otherwise been provided to Client. WGl's fees reffocted in this Agreement exclude testing, pem1it fees, reproduction costs, and any service not roflccted i.n Lhis Agreement.. All fees for Services are based on a one-time pcrfonnance only. Additional Services and/or changes in service, whether field or office, shall be performed only uftcr authorization by Client. Fee for changes and/or additional services are not included in this Agreement and shall be invoiced at the hourly rates quoted on WGl's then-current Fee Schedule.

4, Reimbursable Expense.: Direct costs including, without limitation, prints, copies, long distance phone calls, mileage, airfare, per diem, delivery serviue, etc., are not included in the abovt: fees but shall be billed as Reimbur able Expenses al the rates set forth in WGI 's then-cu1Tent fee Schedule.

Cost Estimates: Client hereby acknowledges that WGI lrns no control over the cost of labor or materials, contrnetors' methods of determining bid prices, or contml over competitive bidding, market, or negotiating conditions. Thus, WGI cannot and doe not wammt that estimates of probable construction or operating costs prepared or provided by WGI will not vary from actual costs incurred by Client. Chent expressly agrees that WGI shall have no liability for any failure of bids or actualconstruction or operating costs to comply with Client's budget or WGJ's cost estimates.

Storage: Material samples not consumed in the performance of WGl's Services may be discarded 30 days after submission of the test report unless Client requests other disposition. After notification to Client, WGI may churge Client for extended storage of materials, records, or equipment.

7, Inde111nification: Client shall defend, indemnify, and hold harmless WQI, its employees, officers, directors, professionals, and subconsultants from unclagainst any and all claims, damages, losses, and expenses (il1cluding reasonable attorney's fees) arising out of or n::sulting from the pcrfmmance of the Services, except to the extent that any such claim, damage, .loss, or expense is caused by the negligent act, omission, and/or strict liabflity of WGI.

Ii. Consequential Damages; Notwith landing any other provision of this Agreement, and to the fullest extenl pem1itted by law, neither Client nor WGI, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make uny claim for ony incidental, indirect or consequential damages arising out of or connected in any way to tho Project, WGJ"s Services or this Agreement. Thi mutuul waiver of consequential damages shall inclqdc but is not limited to, loss of use, los. of profit, lo s of financing, loss of business, loss of income, loss of reputation, i.nterest expen es, and any other consequential damages that either party may have incurred from any cau e of action including negligence, strict liability, breach of contract and breach of strict or implied warronly. Both Client and WGl shall require si111ilar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involve(l in this Project,

	Hazardous Materials: Unless specifically and expressly sel fortli in WGI's scope of services under this Agreemeut, a11d only the exteut set fortl1 therein, WGI shall have no responsibility for th discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any fonn at the Project site, including but not limited to asbestos, asbestos products, polychlorinated

Wr• IP  I	B	•.h,	, . 1 1	t: r-,1

7 J220  f: 'Jt; 1 ,.1 7 11 1n	WGlnc,
Page 38

Avenir Community Development District August 8, 2023
Page 5 of 9

biphenyl (PCB) or other toxic substances. WGl's Serviues expressly exclude any Services for Client involving or rclflled in any manner lo hazardous i:,uhstances, and Clienthall defend, indemnify, and hold harmlc.ss WGL, its employees, ofl1cers, directors, professionals, u11d '\1beonsultl!nt from and agoinst any and all claims, damages, losses, and expenses (including reasonable allorney's fees) adsing out ot' or in any way related lo the presence, discharge, relea e, or escape or c nta111in11nts or haz;irdous substance of ony kind, or envirnnmental liability of any nature, in any manner rel te(i to WGL's Services under this Agreement.

	LIMITATION OF LlABfLrTV: 1n recog11ition of the rel tive risks and benefits of the project to both Client and WGI, the 1isks have been allo.:art:d such that Client agl'ees, to the fullest exl'cnt permitted by law, lo limit the liability ofWGI and its officers, directors, partners, employees, shareholders, owners, and subconsultants for any and all claims, lo ·se , costs, und damages or any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory ofrccovcry, or claims expenses from :my cause or causes, including attorney's fees and costs, so Ll111l the total. aggregate liability of WGI and its officers, directors,
partners, employees, shareholders, owners ond sltbcon$tiltantshc1II not exceed $50.000.00, or the total amount of the fee actually p;1id
to WGI for it Services pe1fon11ed under thii$ Agreemc11t, whichever is greater, It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but 1101 \imiled to negligence, breach of contract, or any other claim wlJether in tort, contrncl or eqtlity.

In the event Client is unwil.ling oru□able to limit liability in accordance with the provisi ms set fortlJ in this section, Client may, upon 1>11.itten request of Client and received by WGJ within ·five days of Client's acceptance hereof, increase the limit ofliability to a maximum of $1,000,000.00 by agreeing lo pay WGI a sum equivalent to an additional amount of I 0%  of the  total foe, or$ I 0,000.00, whichever is greater, to be charged for WGl's Services, In the event prnfessional fees increase during the Project, Clfi;:nt agrees to pay an additional
I O"A, of said increase for the aforementioned higher limrts on liability, This charge is not to be construed as being a charge for insurance
of a□y typo, but is increased consideration for the greater liability involved. In any event, attorney's fees and co ts expended by WGI in connection with any claim shall reduce the-amount available, and only one such amount will apply lo any Project.

If any of the above provisions of tl1is section is/arc deemed invalid or unenforceable for any reasort, the Ii.mil ofliability shall not exceed the available policy limits of any insurnnce policy providing coverage for WGl's Services on the Project. The provisions of this section shall inure to the benefit of WGJ's officers, directors, partners, employeeR, shareholders, owners, and subconsultants, which shall be considered third-party beneficiaries for tnc purposes of this sectron. The provisions of this section shall survive the termination of this Agreemerll.

	T!'rminatlon of Services: Ex.cep.t in situations involving default for non-payment by Client to WGI, i11 the event of any default 111ising under this Agreement, the defaulting party shall be entitled to receive written notice specifying the default 11J1d the  actions to be taken to cure the default. 111e party receiving the notice of defmilt shall have 7 business days from the date of receipt of the notice lo cure the specified <lefoµlt. In the event thut the fWrty fail to cure the specified default, the adverse party may declare a breach of this Agrcemcnl and terminate this Agreement upon serving a written notice of termination.  fD the event of such termination, Client shall pay WGI in full for all Services rendered up to the time of termination.

	Events of Default: Client shall be i11 default under this Agreement if it (i) foils to pay in full any invoice from WGI on the due date or fails to make any 0lher payment due to WGI under this Agreement, (ii) fails to obscrva orpcrfonn any other term, condition or covenant under this Agreement, (iii) breaches any warranty or representation made under this Agreement, (iv) dissolves, tem1inates or liquidates its business, or its business fails or its legal existence is tem1inated or suspected, (v) commences any voluntary or involuntary bankruptcy, reorganization, insolvency receivership, or lllhe1' similar proceeding is commenced by or against Client, (vi) fails to work. with WG! in good faith and fair dealing under this Agreement, or (vii) becomes insolvent, makes an assignment for thi;: benefit of creditors, or coveys substantially all of its assets,

	Suspension of Services: If the Project i' suspended for more than thirty (30) calendar days in the aggregate, WGI shall be compensated for Services performed and charges incurred prior to such suspension and, upon resumption of services, WGJ shall be entitled to an equitable adjustment in fees to accommodate the resulting tlemobilization and re-mobilization costs, In addition, WGI shall be entitled to an equitable adjustment in the Project schedule based on the delay caused by the suspension. 1f the Project is suspended for more than ninety (90) calendar days in the aggregate, WGI may, at its option, lenninale this Agreement upon giving notice in writing to Client

Owoersbip of Instruments of Service: All plans, data, reports, drawings, specifications, maps, surveys, ideas, scripts, sketches, designs, CAD file , field data, notes, Digital Data files, and other documents and instruments prepared by WGI or its subc:onsultants, whether such work product is tangible or intangible ("Instruments of Service") shall remain the ole and exclusive property of WGI u□til such
time as Client makes full and final payment to WG.I pursuant to the te1ms set forth in this Agreement, and until such time, Client shall not use, dellver, solicit, transmit, or otherwise employ the Instruments of Service whether directly or indirectly, by any means or manner. Client understands that changes or modifications to the documents made by anyone other than WGI may result in adverse consequences which WGf can neither predict nor control. Thel'efore, Client agrees, to the fullest extent pcn11ittcd by law, to defend, indemnify, and

Page 39

Avenir Community Development District August 8, 2023
Page 6 of 9

hold harmless WGI from am] against all c.:laims, li1:1bilities, losses, damages, and costs (incluJing n asnnable attorney's fees) 1:1rising oul of or in any way connected with the modificalion, misinterpretation, misuse, or reuse by Client or others of the documents provided by WGI unJer this Agreement.
If documents are provided to Client, Client• contractor, or Client's other consultants by WGI in electronic media, such as CAD tiles or other native fi1miat, Clie11t agrees Hrnt this is soldy &s a convenience, and may not be relied on in the same manner as the signed, seuled documents; nor are such electrQni fi lcs represented to be accurate and faithful repre. entations of the signed, scaled documents. WGI makes no representations or w11rrRnties regarding the accuracy, completeness, or readabilily of info11m1lion contained in eleclrnnic media tiles.

	Digital Data l<ll s: lt is expressly understooJ tlrnt CADD and BfM Jiles, and other electronic tiles (''Digital Data files") arc issued Mly as supplemental i11formation for convenience to the Client, contrnet0r or other authorized user, Digital Datu files, like nny electronic data, transferred in any manner or lninslatcd from the system and format used by WGI to another system or format are subject to en-ors and modifications that may affect lhe accuracy and reliability of the data, and, in addition, such eieclTOnic data may be altered or corrupted, whelher inadvertently or otherwise. As a result, WGI makes no representations or wa1Tanties, whether expressed or implied, as lo the accL1racy uf any Digital Data files. The accuracy of Digital Data files cannot be warranted or guaranteed, and any such files pmvided by WGI to Client or any other party will be issued solely as a convenience and courtesy. Digital Data files are not C(mtrnct documents, and shall not be relie<l llpOn, or used for construction or staking. Any use or the in formalion obtained or derived from Digital Data /ile· will be at Client's, or other i-cceiving party' or user's sole risk, and Client hereby waives and releases any and all claims again.st WGI arising from or relating lo the use or or reliance upon Digital Diita files, To the extent any diffel'erices, discrepancies, or conflicts exist between lhe Digital Data files and the contract uocumen1s, the contract documents shall control.

Successors and Assigns: Client shall nClt assign, sublet, or transfer any rights under or interest in this Agreement without the prior written co11sent of WGJ. Except where specifically staled otherwise in this Agreement., nothing herein shall be construed to give any rights or benefits hereunder to anyone other than Client or WGL

Third Parties: E.xccpt as cxprc sly provided herein, nothing in this Agreement shall confer any right, remedy or claim upon Any person or entity not a signatmy to t11is Agreement.

	Corporate Protection; WGI' performance of Services under this Agreement shtill not subject WGI s it1dividual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and n 1twithstanding anything to the contrary contained herein, Client agrees that as Client's. ole and exclusive remedy, any clui111, demand or suit shall be directed and/or asserted only against WGl, and not against any ofWGJ's employees, shareholders, officers, or directors.

Severability and Survival: ff any term of this Agreement is to any extent held to be invalid or unenforceable, then such tenn shall be excluded to the extent of uch invalidity or uncnforceability, and all other terms hereof shall remain in full force and effect. All obligations arising p,ior to the tennination of this Agreement and all provisions of this Agreement allocating rcsponsibilfty or 1iability between Client and WGI shall survive the completion ofWGl's Services hereunder and the tcm1foadon of this Agreement.

Merger and Amendment: This Agreement constitutes the c11tiro agreement between WGI and Client, and all negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented an<l/or amended only by a written document executed by both WGI and Client.

	Applicable Law and Venue: Unless otherwise specified, this Agrccmenl shall be governed by the laws of tile State of Florida. Venue for all disputes between the Parties arising from < r relating to this Agreement shall lie exclusively in a court of competent jurisdiction in Palm Beach County, Florida.

	Mediation: Ali disputes between the Parties arising out of or relating to t11is Agreement, with the exception of WGl seeking payment from Client for services rendered, shall be submitted to non-binding mediation as a condition precedent to litigation, unless the Parties mutually agree otherwise in wiiting,

Statute of Limitations and Repose; Any applicable statute of Iimitations or repose shall commence to run and any cause of action shall be deemed to have accrued on the date WGI's drawi11gs arc scaled, but in any event not later than the date of substantial completion of the project for which WGI' services ar provided.

	Force Majeure: WOI shall not be liable for any damages ot· delays in rendering its Services arising from acts of God, epidemics, pai1demics, quarantine restriction\ strikes, labor disputes, civil unrest or disturbances, acts of ten·orism or war abnormal weather conditions, or any other cause beyond WGl's reasonable control.

Avenir Community Development District August 8, 2023
Page 7 of 9

	PURSUANT TO FLORIDA STATUTES§ 558.0035 (2013) AN lNDNIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE.

THE FOLLOWING TERMS AND CONDITIONS SHALL ALSO APPLY FOR ALL PROJECTS JNVOLVJNG CONSTRUCTION-RELATED SER VICES

	'(lnstruction Administration: WGI 's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of tho initial Contract for C'onstrnclion and lem1inates at the earlier of the issuance to the Client of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. WGI will provide admlnislrnlion Qfthe Contract for Constrnctio11 as set forth bel,1w und in the General Conditions of the Contract for Construction.

	Con 'tructioa Observation: WGI, as a representative or the Client, will visit lhe site at intervals appropriate to the stage of the ConlTactor's operations, (1) to become generally familiar with and to keep the Client infom1cd about the progress and quality of the portion of the work relating to WGI's scope, (2) to endeavor to advise Client of defocts a11d deficiencies in such work and (3) to uetennine in general if the work is being perfonncd in a maimer indicating that the Work, when fully complctcd, will be in accordance with tlte Conlract Documents. However, WGI hall not be required to make exhaustive or continuous on-site ob ervations to check the quality or quantity of the work. WGI shall not be responsible for inspecting the Contractor's work, 1,loes not have tht: right to stop Contractor's work, and shall not be liable for constmcllon defects or deficiencies. WGl's construction observation services shall not relieve Comractor of its responsibility to comply with the contract documents.

	Geoernl Contractol''S Respon ibilities for Construction a.nd Jobsite Safety: Neither the professional activities of WGI, nor tho presence of WGI or it employees and subconsultants at a construction/Project site, shall impose any duty on WGI, nor relieve the Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for perfom,ing, supervising, and coordinating the Work in accordance with the Contrnct Documents and any health or safety precautions required by any regulatory agencies. WGJ and its personnel have no authority to exercise any control over any constniction contractor or its employees in connection with their work or any health or safety programs or procedures. Client agrees that the ontractor shall remain solely and exclusively responsible for jobsitc and worker safety and agrees that this intent shall be carried out in the Client's contract with the Contractor. Client also agrees that the Contractor shall defend and indemnify the Client, WGI and WGl's subconsultants from and against any and all claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or relating to construction and jobsite safety. Client also agrees that Client, WGl and WGl's subconsultants shall be made additional insureds under the Contractor's policies of general liability insurance.

	Property Insurance: Client agrees to procure, or cause to be procured, property insuranco written on a builder's risk 'all-risk" or equivalent policy fonn in lhe amount of the construction costs comprising total value for the entire projt:Ct at the site on a replacemeut cost basis without optional deductibles. Such properly insurance shall be maintained tmtil final completion of the projoct, or until no person or entity other than Client has an insurable interest in the project, whichever is later. This policy shall name WGI as nn additional in ured. Client further agrees to waive all rights against WGI for damages that arc, or could have betJn, covered by property insurance and such waiver of subrog11tion shall be effective notwithstanding any duty of indemnity contractual or otherwise.

Deviations from Contract Documents: WGI will report to the Client known and obseNable deviations from the Contract Documents by the Contractor. However, WGI shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. WGI shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work.

Ccrtil1cotes for Payment: WGI will review and certify the amounts due to Contractor and will issue certificates for such amounts. Such certification for payment will constitute a statement· to the Client. based on WGI's evaluation of the Work lllld on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of WGl's knowledge, information and bclict the quality of the Work is in accordance with the Contract Documents. The foregoing ere ubjcct
(I) to an evaluation of the Work for confo1mance with the Contract documents upon Substantial Completion, (2) to results f subsequent
tests and observations, (3) to correction of minor deviations from the Contract Documents prior to completion, a11d (4) to pecific qualifications expressed by WGI. The issuance of a Certificate of Payment shall not be a reprC$entation that WGI has (I) made

Avenir Community Development District August 8, 2023
Page 8 of 9

exhaLLstive r continuous on-site observations to check the qu;ility or quantity of the Work, (2) n:viewed construclfon means, methods, techniques, sequences or procedures, (3) reviewi::d i.:opics of rcquisitfons received from Subcontractors and material suppliers and other dato requested by the Client t(l substantiate rhi.: Contrnctor's right lo payment, or (4) ascertained how or for what purpose the Contractor l-1as used money previously paid 011 account of the Contract Sum.

.Rejection of Work: WGI shull have nuthority to recommend t-o Client that it r"jcel Work that does not conform to the Contract Om.:uments. Whenever WGl considers it 11ecessaiy ()r advisnblc, WGI shall have authmity lo recommend lo Client that it require observation or testing o[the Work in accordance with the provisions of the Contnicl Doc1Jrncnts, whether or not such Work ls fabricated, installed or completed, However. neither this auU101i!y of WGI nor a dc-cision made in good faith either to exercise or not to exercise uch allthority slrnl I givo rise to any duty or responsibility of WGI to tl1e Conl-rnc!or, Subcontrai.:tors, material and equipment suppliers, their agent or employees or other persons or entities performing portlons of the Work.
:n. Submittals: WGI will review and approve or take other approp1·iate act-i<)n upon the Contractor's submittals su<Jh as shop drawings, product data anJ samples, but only for the liln1ted putµo.e of checking for general conformance with the design concept of the project and infom1ation provided in the Contract Documents. Contractor is responsible fur (ull compliance with the plans, specifications, and contract documents, dimensions, qunntitie , and pc1formance requirements to be ccmfim1ed and correlated at tJ1e jobsitc, the fun1ishing of all items whetht:r or not shown on the submittal, means, methods, and cqucncc of constrnction, quantities, coordination or the work ofnll trades, and relatcdjobsite safety precautions or programs. WGl's action will be taken with $lmh reasonable promptness as to cause no unreasonable delay in the Work or in the activities of the Client, Contrnctor er separnte contraotors, while allowing sufficient time in WGl's professional judgment to pcm1it adequate review. Review of such sl1bmittals is not conducted for the purpose of detem1ining the accuracy and con1plctcncss of other details such as dimensions and quantities, or for substantiating instrnctions for installation or performance of equipment or systems, all of which remain the sole responsibility of the Contractor as required by the Contract Documents. WGl's review shall not constitute approval ()f afety precautions or, unless otherwise specifically stated in writing by WGI, of any constrnction means, methods, techniques, sequences or procedures. WGJ's approval of a specific item shall not indicate approval of an assembly of which 1e item is a component,

Contractor's Desiga Professionals: If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Conh·act Documents, WGI will specify approp1iatc performance and design criteria that such services musl satisfy. Shop drawings and other submittals related lo the WMk designed or certified by the design professional rctaiaed by the Contractor shall bear such profcssional's written approval when submitted to WGI. WGL shall be entitled to rely upon tbe adequacy, accuracy and completeness of lhe services, certifications or approvals perfom1ed by such design professionals.

Change Orders: WGI will prepare Change Orders and Construction Chango Directives, wi\h supporting documentation and data ii deemed necessary by WGJ for the Client's appnJval ,d execution in accordance with the ontract Documcllts, and may authorize minor changes in the Work not involving an adjustment in the Contract sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents.

Submittals and l+'inal Completion: WGl will conduct observations t detcnnine the date or dates of Substantial Completion and the dute of final completion, will receive from the Contractor and forward to the Client, for the Client's review and records, wrillen warranties and related documents required by the Contract Documents and assembled by the Contractor, and will issue a final Certificate for Payment based llpon a ·final observation indicating that the Work generally complies with the requirements or the Contract Documents,

	Interpretations 11ud Decisions: lnterpretations and decisions ofWGI will be consi tent with tho intent of and reasonably inferable rrom the Contract Documents and will be in writing or in the form of dmwings, When making such interpretations and initial decisions, WGJ will endeavor to secure faithful performance by both Client and Contractor, will not show partiality to either, and shall not be liable for results of inteiµretations or decision o rendered in good faith.

Avenir Community Development District August 8, 2023
Page 9 of 9

WGl,lNC.
.FEE SCREDln E
EFFECTIVE DATE- 02n6/2022

ENGINEERING SERVICES	
E. ccutlvc Engineer	S345.00	
Chief Engineer	S335,00	
Prlndpal !ingincc:r	$300,00	
Senior ProjccL Manager	S300	_00	
Project Mtlll'll!Cf	5235	.00	
Senior Enginecr2	S275	.00	
Se11ior Engineer L	S145	.00	
Englnccr2	5115.00	
Engineer I	SI 95.00	
Senior Engineer Inlcru	Sl50.00	
Engineer Jmeni	Sl35.	00	
Chief U111i1y Coordinator	S260.00	
Senior Utility Coordinotor	Sl00	,00	
Utillly Coordinalor	SJ60.0o	
01i0f Designer	Sl90.00	
Senior Peslgm:r	Sl60,00	
Dcslgnor	$130.00	
Field Englueer	Sl95	.00	
Field lospcclor	$145.00	
SURVEVlNG SERVICES	
Chief Surveyor	SJ00.00	
Principnl Surveyor	S?S0,00	
Senior Project Manager	Sll0.00	
Project Mnnnger	15185.00	
Senior Professional surveyor	Sl 70.00	
Professional SurvC\'llf	Sl60,00	
Certified Photoerummctris1	$190.00	
senior Survey Tecilnlclon	Sl4Q.OO	
Survey Tcchnici•n	Sl20.00	
SUE 1'cchnician	sno.oo	
Field Tcchnici1ll1	S90.00	
l Person Flcld Survey Crew	sno.oo	
2 PerliOn Field Survey Crcw	5150,00	
3 Peroun Fit Id Survey Crew	Sl90.00	
4 Person Field Survey Crew	S250.00	
2 Pcmm SUE Crew	Sl60	00	
3 Person SUE Crew	S220	.00	
4 Persou SUE c,cw	S260	.00	
5 Person SUE Crew	S300.00	
Laser Sca11Crew	S2SO.OO	
Hydrographic/Bathymeltk Crew	Sl.7.5.00	

PLANNING SERVICES	
Execulive Planner	S325.00	
Chiel' Pl•rnicr	:mo.oo	
Principal Plaru1er	$210.00	
Senior ProjcetMunngcr	.'1200.00	
Project Manager	$175.00	
Senior Plonncr	SIS0.00	
Planner	SIJ5.00	
LANDSCAPE ARCTUTECTURE SERVlCES	
Princ1ral L,1111dsc•p• Archirect	S265.00	
Senior Project Manager	s210.oo	
Project Manager	SI 75.00	
Senior LandSl'apc Archltecl	5220.00	
Landscspe Architect	SI 85.00	
Senior Designer	S150.00	
Dcsig11cr	SI 15.00	
Entry Level Designer	S!00.00	
E	.NV1RONMENTAL SERVICES	
ExecnJIIVt l::nvirnnrncntal Scicnlisl	$250.00	
Principal Euvlrumneutal Scientist	5225.00	
Senior Project M•n cr	S200.00	
Project Maneger	$170.00	
Senior Environrncnt1I Scicntlst	$200.0()	
Bnvironrncnull Scicnli!t	Sl35	,00	
Environmcnlal Teci1niciw1	SI00.00	
ARCHITECTURAL SERVICES	
Principal Archited.	Sl00,00	
Senior Project Manager	$260.00	
Project Manager	S215	.00	
Senior Arcl1itccl	S250.00	
Project Archiltct	S200.00	
Architect	Sl70.0()	
Senior Graduate An:hitcct	Sl50.00	
Graduate Architect	1130.00	
OTHER PROFESSIONAL SERVICES	
Expelt IV ilness	S425.00	
GIS Teclmfciau	SI 15.00	
Administrative Assi,unl	5120.00	
lnlcni	sso	.oo	
RE™BUltSADLEEXPENSES	
Copic:s, Olack. & While (each)	SO.JO	
Copfc:s, Color (cacil)	Sl.00	
Plots, Black & White (cad1)	Sl	.00	
Plots, Color (Cllch)	515.	00	
Mylars (each)	S70.00	
Foam Coro Prcscnlll.lon Boud:s (1111ch)	S7.SO	
All Thlrd-Pllty Expenses	Co!t Plus 15%	

Hourly Rllk	Hourlv Rn!Jl

.

E1Jl"11""s: In addilloo to labor, WOI, £NC. bills (or the followiJ13 project related co,u al • contrsCIIJally 14rccd n1111(t1p: print,ng; confcraice caltina charges; document
review, p<rmll or recording (oes paid on behalf of CLIENT. itilpping; bid 1dvertlse111a1t; 'll"cially materials, 110ftw1n: or eq,ipmrnl ren1al: 11Ub-consulm11fees; eosls or project rclalcd co1ploycc !novel including mcals, lodg. iu,g, airfare nud 111is<>1llau"'u travel ca!IS such •• tollt, pvking, de.; niilc • ror 111company-owned vehicles (t.J11ciui will t• chtu1•d ot SO 8Vrnlli:; employee oWTied vdli le,, u"«I Car lronsportallon rcl,1cd lo the Project will be charged 11lhe prevailing federal mileage n,lc •llowed
by lhc IRS al the tlme the travel occurs. WO! also buts !er the tost of Internal reproduction 111d the use Of apccialized equipment rcl■Led to .rub!out\cc utility vucuum excavttloo. molJllc S<.'1111llillg (LIDARJ. Ind hydrographic surveying,

Page 43

HSQ GROUP, LLC
Engineers • Planners • Surveyors
1001 Yamato Road, Suite 105 Boca Raton, Florida 33431
(561) 392-0221 Phone • (561) 392-6458 Fax

June 9, 2023
Revised on July 14, 2023

Virginia Cepero
AVENIR COMMUNITY DEVELOPMENT DISTRICT
550 Biltmore Way, Suite 1110
Miami, FL 33134
Phone: (305) 447-7494
Fax: (561) 828-0440

Supplemental Agreement 14

Re:   NORTH LAKE BLVD
Phase I from west of Coconut Blvd to east of Coconut Blvd, total length 1.07 miles Phase II from the entrance to Avenir to west of SR 7, total length 1.57 miles

Post Design Services / CEI

Palm Beach County, Florida Dear Ms. Cepero:
The purpose of this Supplemental Agreement is to provide post design services related to the construction of the proposed improvements for the referenced project. The original contract under different supplemental agreement had limited services for the post design. However, all funds were used due to unexpected issues during construction, numerous field meetings, RFI'S, recalculating quantities, helped the contractor to calculate profiles elevations/cross sections for about 2000' of phase II, coordination with the county, office support, using some of the CEI funds for redesigning the intersection of Coconut Blvd and Northlake including signal mast arms. Also, HSQ Group, LLC will prepare the plans, specifications and rebid phase I. The following services will be provided based on 18 months for phase I and II period. Services are:

Hold/attend meetings with the contractor.

Answer RFI's

Prepare for and rebid Phase I / review and recommend award of bids.

Daily field inspection.

Hold conference calls with owner, contractor and county.

Review and approve shop drawings i.e. asphalt mixes, concrete mixes, limerock, drainage items, conduits etc.

Review and approve monthly pay requests along with construction schedule and progress.

Prepare daily inspection Review.

Consultant ----- Client -----

Review and approve as built provided by the contractor.

Final walk thru and punch list.

Prepare and process final certification package with the County.

Monitor contractor's work and assure that the contractor is conducting inspection, preparing report, and monitoring stormwater pollution prevention measures associated with the project.

Analyze and help in solving any issues that may arise during construction

Review work zone traffic control plan implementation and inspection

All services as listed above total fee = $380,000

Acceptance of Proposal:

By:	HSQ Group, Inc.	By:	Avenir Community Development District

Signed:  Nour Shehadeh		Signed: 	
Name:	Nour Shehadeh, PE	Name:	Virginia Cepero
Title:	Vice President	Title:
Date:	 July 14, 2023		Date:		

QUOTATION ACD12001-2023

QUOTATION & CONTRACT	DATE: June 28, 2023
For Installation or Service
PAGE	1	OF	2

GLASGOW EQUIPMENT SERVICE, INC.
P.O. BOX 10087
RIVIERA BEACH, FLORIDA 33419-0087 PHONE (561) 842-7236 * FAX (561) 842-7402

Avenir Community Development Dist.	RE: Annual Testing/ Service Rates 550 Biltmore Way, Suite 1110
Coral Gables, FL 33134 (877)737-4922

SITE: Avenir Pump Station 12001 Northlake Blvd.
Palm Beach Gardens, FL 33412 Attn: Keith O’Brien

IN RESPONSE TO A REQUEST, WE SUBMIT THE FOLLOWING QUOTATION:
Complete annual testing of installed 6K fuel tank monitoring equipment as required By DEP. This testing includes Testing of Tank Gauges, overfill device and leak detection sensors. Documentation of testing will be provided on PEI approved forms which need to be maintained by site personnel for reviews by the DEP rep for their scheduled compliance inspections.

Total Annual Cost	$700.00

For service calls other than the quoted Annual testing between 8am- 5pm our standard rates would apply:
Labor:	$110.00 per hour
Travel:		$110.00 per hour, round trip from our office to service location Mileage:	$	1.50 per mile, round trip from our office to service location

Calls between 5pm- 8am weekdays and all-day Saturday are billed at 1.5x the above rates. Sunday and Holidays are 2X the above rates.
Exclusions/Clarifications
Any equipment found defective or failing testing will be quoted for repairs.
This quotation and contract are valid for a period of 1 year from the date accepted and will be reviewed at the end of that period.
Standard service call rates are reviewed annually in the month of January.

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME. THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE
SINCERELY,

Randy Knight, Service Coordinator GLASGOW EQUIPMENT SERVICE, INC.

Customer			Glasgow Equipment Service, Inc.	

Authorized
Signature	

Authorized
Signature	

Name & Title
Of signer	

Name & Title
Of signer	

Date		Date	

QUOTATION & CONTRACT	DATE: June 28, 2023
For Installation or Service

TERMS AND CONDITIONS

PAGE	2  OF  2	

PRICES – Prices for parts are subject to change without notice.
RATES – All labor charges are based upon working during normal hours. Unless otherwise stated, requirements of the customer, (or other conditions over which Glasgow has no control) which make it necessary to pay Glasgow’s employees or sub-contractors at overtime rates will result in additional charges. Delays caused by circumstances out of Glasgow’s control which make overtime work necessary in order to complete on schedule will also result in additional charges to cover overtime rates.
DELIVERY – Glasgow will inform customer when equipment is ready for delivery to job site but will not deliver it until requested to do so by the customer. It is the customer’s responsibility to make sure that job site is accessible for delivery, that space is available to unload and store the equipment, and that authorized personnel are present at job site to take delivery of equipment on arrival. Any wasted journeys or wasted time caused by conditions which delay or prevent delivery will be charged for.
TITLE – Title to equipment passes to customer on delivery and Glasgow is not responsible for loss or damage to equipment after delivery. However, Glasgow retains title (for security purposes only) to all equipment until paid in full, and Glasgow may at its optio n repossess the same, upon customer’s default in payment as provided hereunder, and charge customer with any deficiency. Delays or extra costs caused by equipment or parts found to be missing when required for installation are not included and will be charged for.
TERMS OF PAYMENT – Payment for equipment is due no later than 30 days after it is delivered to customer, regardless of whether or not installation has commenced. Payment for work, including installation or service work, is due on completion unless the work ta kes more than one month to complete, in which case monthly bills for percentage of work completed will be presented, and will be due on presentation. If the quotation specifies an advanced payment, this will be paid before work commences. Glasgow may refuse to start or to continue work if payments are not made as provided.
LIEN RIGHTS – To protect all parties, a mechanic lien will be automatically filed where payment is not received according to the terms stated above.
WARRANTY – Materials supplied by Glasgow are guaranteed for 90 days from the date of installation or delivery, ordinary use, wear and tear, or damage from abuse or accident excepted. It is understood that products and parts not manufactured and work not performed by Glasgow are warranted only to the extent and in manner that the same are warranted to Glasgow by Glasgow’s vendors and then only to the extent that Glasgow is able to enforce such warranty. In enforcing such warranty, it is understood that Glasgow shall have no obligation to initiate litigation unless the customer undertakes to pay all costs and expenses therefore, including but not limited to attorney’s fees, and indemnifies Glasgow against any liabilities to Glasgow’s vendors arising out of such litigation. This warranty is in lieu of any other liability for defects. Glasgow makes no warranty of merchantability and no warranties which extend beyond the description in this contract, nor are there any other warranties, express or implied, by operation of law or otherwise. The equipment should be periodically inspected, lubricated, and adjusted by competent personnel. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that Glasgow will provide fee service for periodic examination, lubrication or adjustment due to normal use, nor will Glasgow correct, without charge, breakage, maladjustments or other trouble arising from abuse, misuse, improper or inadequate maintenance, or any other causes beyond Glasgow’s control. In the event of a claim, customer must give Glasgow prompt written notice, and provided all payments due under the terms of this contract have been made in full, Glasgow will, at Glasgow’s own expense, correct any proved defect by repair or replacement. Glasgow will not, under this warranty, reimburse customer for cost of work done by others, nor shall Glasgow be responsible for the performances of equipment to which any revisions of alterations have been made by others.
EXCAVATION – Excavation quotations are based on normal soil conditions. In the event any underground structures, cables, conduit, debris, rock, water or running sand are encountered, destroyed or damaged during the performing of the contract, Glasgow shall not be held responsible. If this situation arises, Glasgow will immediately stop the work and shall notify the customer of the additional expenses to be incurred by the excavation. If customer does not approve the additional expenses within 24 hours after being notified by Glasgow, Glasgow will proceed to do the work, and the cost shall be borne by customer. Finished grades are to be established and verified by customer before commencement of work.
Glasgow’s performance of this contract is contingent upon customer furnishing Glasgow with any necessary permission or priority required under the terms and conditions or government regulations affecting the acceptance of this order or the manufacture, delivery or installation of the equipment.
It is agreed that Glasgow’s workmen shall be given a safe place in which to work, and Glasgow reserves the right to discontinue work on the site whenever, in Glasgow’s opinion, this provision is being violated.
Glasgow shall not be responsible in any way for the acts of others or for pro-rated expenses of any nature incurred by others in or about the project. Certificates of Workmen’s Compensation, Bodily injury and Property Damage Liability insurance coverage will be furnished upon request. The premium for any bonds or insurance beyond Glasgow’s standard coverage and limits will be additional.

In consideration of Glasgow’s performance of the work herein described, at the price stated, customer agrees to indemnify, defend and hold Glasgow harmless from all damages, claims, suits, expenses and payments resulting from loss, damage or injury including death, to person or property on account of or resulting from performance of this contract or from operation of the equipment whether before of after final acceptance, except as directly due to those acts or omissions of Glasgow’s employees or those of Glasgow’s sub-contractors.
Glasgow shall not be liable for any loss, damage or delay caused by acts of Government, strikes, lockouts, fire, explosions, theft, floods, riot, civil commotions, war, malicious mischief, or acts of God, or any cause beyond Glasgow’s reasonable control, and in no event shall Glasgow be liable for consequential damages.
Should loss of or damage to Glasgow’s material, tools or work occur at the erection site, customer shall compensate Glasgow therefore, unless such loss or damage results from Glasgow’s own acts or omissions.
If any drawings, illustrations or descriptive matter are furnished with this proposal, they are approximate and are submitted only to show the general style and arrangement of equipment offered.
In the event of any default by customer in any payment, or of any other provision of this contract, the unpaid balance of the purchase price, less the cost of completing the work, as estimated by Glasgow, shall immediately become due and payable irrespective of the acceptance by Glasgow of notes from Glasgow or extension of time for payment.
The customer will ensure the building and work which is situated on this premises in joint names, at the option of Glasgow, and the interest of the customer and Glasgow against loss or damage by fire of other loss. Customer shall procure and maintain insurance as full public liability insurance protecting both customer and Glasgow as co-insured. Such sums of insurance for the work which is being constructed will cover the cost of the work and materials used in and around the premises, and any policies issued pursuant hereto are to name customer and Glasgow, as their interest may appear. Copies of all insurance policies required to be issued hereunder shall be tendered to Glasgow, including any necessary endorsements. Any conditions in the customer’s form of contract which conflict with Glasgow’s conditions state herein shall be void to the extent that it so conflicts.
In the event of any litigation arising as a result of this contract, the prevailing party will be entitled to recover a reaso nable attorney’s fee, and costs, together with reasonable attorney’s fee and costs on appeal.
Initials	 Date	

Scheduled Maintenance Agreement

Date

	8/11/2023	

This proposal is made subject to buyer's acceptance within thirty (30) days from the above date. Signing of this proposal authorizes Stewart & Stevenson FDDA LLC to perform services described below. Stewart & Stevenson FDDA LLC will perform periodic maintenance on all equipment listed and will provide a written report of all maintenance to the buyer within ten (10) business days.

Account #

Customer Name

Address/Location

	Avenir Stormwater Pump Station	

	12001 Northlake Blvd.	

City Palm Beach Gardens

State

Florida

Zip	33412

Phone # Fax #

(561) 630-4922

Secondary Phone # Cell Phone #

Contact Name

	Jason Pierman	

Title

	Management Director	 Email	jpierman@sdsinc.org

	Scott Massey	

Title 	 Email

smassey@cjgrove.com

Title	Email

Scope of Work to be Completed on Generator Sets

SERVICE:

Annual PM Service

Analysis of engine coolant oil. (Analysis of oil is maintained on record for future comparison, copies of record are provided on request.)
Change all lube oil and fuel oil filters. Fuel analysis of main tank for contamination and provide service report.
Drain and replenish engine lube oil.
Testing coolant solution for proper freeze protection and corrosion inhibitors and recording results.
Service battery(s) checking battery set(s) for proper electrolyte levels and replenishing as needed.
Verifying specific gravity of battery(s) (lead acid only), Al-cad/ Ni-cad batteries will be checked for proper volts per cell with results recorded.
Inspect and clean battery connections and coat connections with applicable corrosion inhibitor.
Verify proper operation of battery charger and record voltage and charging rate.
Inspect and lubricate generator bearings.
Inspect and lubricate airflow louvers.
Clean dirt and dust from unit.
VISUAL CHECKS:
Inspect radiator/ heat exchange assemblies (condition and leaks).
Inspecting air cleaner assemblies (cost of replacing air cleaners IS NOT INCLUDED should it be necessary).
Inspect air inlet piping.
Inspect exhaust manifold and piping.
Inspect water hoses for pliability, tighten clamps as needed.
Inspect engine mounts, vibration isolators.
Inspect electrical wiring for loose connections, frayed wires.
Inspect fuel system, which includes verification of proper day tank operation, priming pump operation, and fuel injection system (condition and leaks).
Inspect and adjust all belts (cost of replacing belts IS NOT INCLUDED should it be necessary).
Inspect and clean crankcase breather.
Inspect generator field and stator windings (megaohm testing of windings can be done at additional cost).
Clean and inspect rectifier bridge.

Scope of Work to be Completed on Generator Sets (continued)

PERFORMANCE EVALUATION:
Check operation of starter motor (cranking ability, voltage drop on start).
Check engine smoke at start and during operation.
Verify proper operation of gauges, metering, indicators (operation, condition and adjustments as needed).
Check and record battery charge rate from unit mounted alternator (if applicable).
Check fuel transfer pump (PSI, valves, conditions, and leaks).
Check lubrication system (leaks, PSI).
Check Jacket water heater (operation/condition).
Check temperature regulators (operation, record temperature).
Verify governor settings (operation, stability, and response).
Check turbocharger (operation).
Check aftercooler (condition, leaks).
Verify safety devices (operation, condition, record results).
Check control panel (operation, condition).
Test electric power generation via Automatic Transfer Switch (operation, record voltage, amperage, and frequency) If Requested by the customer and performed on the same trip.

SERVICE:

Visual Inspection

Verify proper oil level in sump. (Make up oil in excess of 1 gallon will be invoiced as an additional charge.)
Testing coolant solution for proper freeze protection and corrosion inhibitors and recording results.
Service battery(s) checking battery set(s) for proper electrolyte levels and replenishing as needed.
Verifying specific gravity of battery(s) (lead acid only), Al-cad/ Ni-cad batteries will be checked for proper volts per cell with results recorded.
Inspect and clean battery connections and coat connections with applicable corrosion inhibitor.
Verify proper operation of battery charger and record voltage and charging rate.
Clean dirt and dust from unit.

VISUAL CHECKS:
Inspect radiator/ heat exchange assemblies (condition and leaks).
Inspecting air cleaner assemblies (cost of replacing air cleaners IS NOT INCLUDED should it be necessary).
Inspect air inlet piping.
Inspect exhaust manifold and piping.
Inspect water hoses for pliability, tighten clamps as needed.
Inspect engine mounts, vibration isolators.
Inspect electrical wiring for loose connections, frayed wires.
Inspect fuel system, which includes verification of proper day tank operation, priming pump operation, and fuel injection system (condition and leaks).
Inspect and adjust all belts (cost of replacing belts IS NOT INCLUDED should it be necessary).
Inspect and clean crankcase breather.
Inspect generator field and stator windings (megaohm testing of windings can be done at additional cost).
Clean and inspect rectifier bridge.

PERFORMANCE EVALUATION:
Check operation of starter motor (cranking ability, voltage drop on start).
Check engine smoke at start and during operation.
Verify proper operation of gauges, metering, indicators (operation, condition and adjustments as needed).
Check and record battery charge rate from unit mounted alternator (if applicable).
Check fuel transfer pump (PSI, valves, conditions, and leaks).
Check lubrication system (leaks, PSI).
Check Jacket water heater (operation/condition).
Check temperature regulators (operation, record temperature).
Verify governor settings (operation, stability, and response).
Check turbocharger (operation).
Check aftercooler (condition, leaks).
Verify safety devices (operation, condition, record results).
Check control panel (operation, condition).
Test electric power generation via Automatic Transfer Switch (operation, record voltage, amperage, and frequency). If Requested by the customer and performed on the same trip.

*FDDA RECOMMENDATIONS FOR OUR CUSTOMER TO PERFORM*
Perform weekly visual inspections of equipment
Perform system operation test to equipmewnt per factory requirements (running the engines)
Verify proper operation of gauges, metering, indicators
Record readings
FDDA recommends to the customer a weekly system operation test to equipment (running the engines)
*Failure to adhere to these recommendations may result in damage/failure(s) solely attributable to customer and for which FDDA shall bear no responsibility/liability*

	Scope of Work to be Completed on Diesel Fire Pump	

SERVICE:

Annual PM Service

Analysis of engine lube oil. (Analysis of oil is maintained on record for future comparison, copies of record are provided on request.)
Change all lube oil and fuel oil filters.
Drain and replenish engine lube oil.
Testing coolant solution for proper freeze protection and corrosion inhibitors and recording results.
Perform NFPA 25 Required Fuel Sample analysis on the Fire Pump main diesel fuel tank. (1x per Year) IF approved and is included with the signed agreemen by customer
Service battery(s) checking battery set(s) for proper electrolyte levels and replenishing as needed.
Verifying specific gravity of battery(s) (lead acid only), Al-cad/ Ni-cad battery's will be checked for proper volts per cell with results recorded.
Inspect and clean battery connections and coat connections with applicable corrosion inhibitor.
Verify proper operation of battery charger and record voltage and charging rate.
Inspect and clean cooling loop strainer
Inspect and lubricate pump bearings.
Inspect and lubricate air flow louvers
Clean dirt and dust from unit.

VISUAL CHECKS:
Inspect radiator/ heat exchange assemblies (condition and leaks).
Inspecting air cleaner assemblies (cost of replacing air cleaners IS NOT INCLUDED should it be necessary).
Inspect air inlet piping.
Inspect exhaust manifold and piping.
Inspect water hoses for pliability, tighten clamps as needed.
Inspect engine mounts, vibration isolators.
Inspect electrical wiring for loose connections, frayed wires.
Inspect fuel system, which includes verification of proper day tank operation, priming pump operation, and fuel injection system (condition and leaks).
Inspect and adjust all belts (cost of replacing belts IS NOT INCLUDED should it be necessary).
Inspect and clean crankcase breather.
Inspect and adjust pump shaft packing glands.
Police engine room for trash/loose debris.

PERFORMANCE EVALUATION:
Check operation of starter motor (cranking ability, voltage drop on start).
Check engine smoke at start and during operation.
Verify proper operation of gauges, metering, indicators (operation, condition and adjustments as needed).
Check and record battery charge rate from unit mounted alternator (if applicable).
Check fuel transfer pump (PSI, valves, conditions, and leaks).
Check lubrication system (leaks, PSI).
Check Jacket water heater (operation/condition).
Check temperature regulators (operation, record temperature).
Verify governor settings (operation, rpm).
Check turbocharger (operation).
Check aftercooler (condition, leaks).
Verify safety devices (operation, condition, record results).
Check control panel (operation, condition).
Test automatic start sequence via test switch in pump control panel. If Requested by the customer and performed on the same trip.

*FDDA RECOMMENDATIONS FOR OUR CUSTOMER TO PERFORM*
Perform weekly visual inspections of equipment
Perform system operation test to equipmewnt per factory requirements (running the engines)
Verify proper operation of gauges, metering, indicators
Record readings
FDDA recommends to the customer a weekly system operation test to equipment (running the engines)
*Failure to adhere to these recommendations may result in damage/failure(s) solely attributable to customer and for which FDDA shall bear no responsibility/liability*

	Scope of Work to be Completed on Diesel Fire Pump (continued)	

SERVICE:

Visual Inspection

Verify proper oil level in sump. (Make up oil in excess of 1 gallon will be invoiced as an additional charge.)
Testing coolant solution for proper freeze protection and corrosion inhibitors and recording results.
Service battery(s) checking battery set(s) for proper electrolyte levels and replenishing as needed.
Verifying specific gravity of battery(s) (lead acid only), Al-cad/ Ni-cad battery's will be checked for proper volts per cell with results recorded.
Inspect and clean battery connections and coat connections with applicable corrosion inhibitor.
Verify proper operation of battery charger and record voltage and charging rate.
Inspect and air flow louvers
Clean dirt and dust from unit.

VISUAL CHECKS:
Inspect radiator/ heat exchange assemblies (condition and leaks).
Inspecting air cleaner assemblies (cost of replacing air cleaners IS NOT INCLUDED should it be necessary).
Inspect air inlet piping.
Inspect exhaust manifold and piping.
Inspect water hoses for pliability, tighten clamps as needed.
Inspect engine mounts, vibration isolators.
Inspect electrical wiring for loose connections, frayed wires.
Inspect fuel system, which includes verification of proper day tank operation, priming pump operation, and fuel injection system (condition and leaks).
Inspect and adjust all belts (cost of replacing belts IS NOT INCLUDED should it be necessary).
Inspect and clean crankcase breather.
Inspect and adjust pump shaft packing glands.
Police engine room for trash/loose debris.

PERFORMANCE EVALUATION:
Check operation of starter motor (cranking ability, voltage drop on start).
Check engine smoke at start and during operation.
Verify proper operation of gauges, metering, indicators (operation, condition and adjustments as needed).
Check and record battery charge rate from unit mounted alternator (if applicable).
Check fuel transfer pump (PSI, valves, conditions, and leaks).
Check lubrication system (leaks, PSI).
Check Jacket water heater (operation/condition).
Check temperature regulators (operation, record temperature).
Verify governor settings (operation, rpm).
Check turbocharger (operation).
Check aftercooler (condition, leaks).
Verify safety devices (operation, condition, record results).
Check control panel (operation, condition).
Test automatic start sequence via test switch in pump control panel. If Requested by the customer and performed on the same trip.

Customer Name

Avenir Stormwater Pump Station

Contact

Jason Pierman

(561) 630-4922

Equipment Information
Unit ID/Location

kW
(if applicable)

Make

S/N

G /	Visual Inspection

MTU Onsite 1250kW S/N	1250	MTU Onsite	5452000617	G	$712	$4,289	$786	
	# of services per year	X	1	# of services per year  X	1	Length (in hrs)		
	$712	$4,289	$786	

FP

Annual PM Service

Day Tank/ Fuel Polish Filters

95020501309 Eng S/N
5452000617

Avenir Stormwater Pump Station; 12001 Northlake Blvd, Palm Beach Gardens FL 33412

Totals

					$0	$0	$0	

Totals	# of services per year	X	1	# of services per year  X	1	Length (in hrs)		
	$0	$0	$0	

					$0	$0	$0	
Unit Name
Site Location	Totals	# of services per year	X		# of services per year  X	0	Length (in hrs)		
	$0	$0	$0	

					$0	$0	$0	
Unit Name
Site Location	Totals	# of services per year	X		# of services per year  X	0	Length (in hrs)		
	$0	$0	$0	

					$0	$0	$0	
Unit Name
Site Location	Totals	# of services per year	X		# of services per year  X	0	Length (in hrs)		
	$0	$0	$0	

					$0	$0	$0	
Unit Name
Site Location	Totals	# of services per year	X		# of services per year  X	0	
Length (in hrs)		
	$0	$0	$0	

Agreement Start Date Annual Service Month

Upon Approval

	TBD	

Annual Total

			

$4,289

Initial below:

Valid Through		1 Year	

Option to Extend Agreement
An extension option is provided with this "Scheduled Maintenance Price Proposal Agreement", which allows for an extension of this agreement beyond its initial terms. By checking the box for extension, pricing (based on "Yearly Total") will increase by the percentage listed below, on a yearly basis, until such time as either party cancels this agreement.

Visual Total Day Tank/ Fuel Polish Filters

Yearly Total

$712

	$786	

	$5,787	
Taxes Not Included

3.0%

Yearly Percentage Increase for this agreement

Stewart and Stevenson FDDA LLC d/b/a FDDA. agrees to hold above listed pricing for the period listed in the "Valid Through" section of this agreement. Either party can cancel this contract with or without cause by providing the other party 30-day notification. I hereby authorize the above maintenance work to be done along with the necessary materials. Stewart and Stevenson FDDA LLC d/b/a FDDA and it's employees may operate the above equipment for the purpose of testing, inspection or delivery at my risk. An expressed mechanics lien is acknowledged on equipment to secure the cost of all repairs thereto. Stewart and Stevenson FDDA LLC d/b/a FDDA is not responsible for loss or damage to equipment in case of fire, theft, accident, or any other cause beyond our control. Replaced parts will be held for a period of ten (10) business days after completion of services. The cost of labor and parts in determining any estimate shall be borne by the customer. This Scheduled Maintenance Agreement is subject to Stewart and Stevenson FDDA LLC Additional Terms of Sale attached hereto.

Cust. Name(Print) Cust.Name(Sign)

Date

Sales Rep. Name(Print) Sales Rep. Name(Sign)

Date

Please sign and return via email or fax to: Email: d.deliz@kirbycorp.com / Cell: 813-853-2643
The agreement is subject to the S&S terms of sale available at the link.
www.stewartandstevenson.com/terms-of-sale

David Deliz
David Deliz
8/11/2023

The following Additional Terms of Sale apply except to the extent they are contradicted elsewhere in this Agreement.
IMPORTANT WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS ARE INCLUDED.
DEFINITIONS: The term “Seller” means the Stewart & Stevenson affiliate executing this Agreement; “Goods” means the machinery, equipment and other tangible and intangible property along with associated labor, installation and commissioning provided by Seller; the term “Services” means labor and associated parts provided by Seller to maintain, repair or recondition the property of Buyer; “Products” means Goods and/or Services; and “Buyer” means the person to whom such Products are sold. Each of Buyer and Seller is a “Party.”

PRICE: All prices are in U.S. Dollars. Labor rates are subject to change without notice and apply from the time of dispatch of service personnel until the earlier of their return or dispatch to another job. Unless expressly indicated herein, no amount is included in any price for sales, use, privilege, excise or other taxes imposed on or measured by the gross receipts from the sale of Products. Buyer shall promptly pay any such charge directly to the governmental authority assessing them or reimburse on demand any such charges paid by Seller.

PAYMENTS: All payments shall be in U.S. Dollars, without offset, backcharge, retention or withholding of any kind. Any amounts not paid when due will be subject to interest at the rate of 1½% per month, compounded, or the highest non-usurious rate permitted by applicable law, whichever is less. ANY PAYMENT INTENDED AS AN ACCORD AND SATISFACTION MUST BE DIRECTED TO “CREDIT MANAGER, STEWART & STEVENSON, 55 Waugh Drive, Suite 800, HOUSTON, TX 77007.”
DELIVERY AND TITLE: Goods are sold Ex-works Seller’s facility (Incoterms® 2010), packed for domestic truck transportation, and are delivered at the time Buyer is notified by Seller that the Goods are at Buyer’s disposal. Seller may assess reasonable storage charges based on the volume of the Goods, or store the Goods at a third-party site at Buyer’s sole risk and expense, if Goods are not removed when delivered or if payments are not made when due. Services are delivered at the time they are performed. Title to Goods transfers to Buyer on delivery, but Seller retains a security interest in the Goods until it receives full payment for the Goods.
ACCESS, PERMITS AND UTILITIES: In the event Services are to be performed at a site provided by Buyer, Buyer shall provide Seller’s employees free and unobstructed access to the site. Buyer shall ensure safe working conditions, safe storage for Seller’s property, and provide all necessary lifting equipment and utilities necessary to perform the Services. Buyer shall obtain all licenses, registrations, and permits necessary for Seller to perform the Services.

ACCEPTANCE: All Products shall be finally inspected and accepted within thirty days after delivery. Failure of Buyer to provide Seller with an itemized list of defects within such thirty days or to permit Seller a reasonable opportunity to correct any listed defects shall be deemed acceptance of the Products. In the event of multiple shipments or extended Services, each individual shipment shall be separately accepted and Services shall be periodically inspected and accepted. Buyer waives any right to reject Products that substantially conform to their specifications and any right to revoke acceptance after such thirty day period.

FORCE MAJEURE: Seller shall have no liability for any failure to deliver the Goods to, or perform Services for, Buyer if such failure arises from causes beyond the reasonable control of Seller, including without limitation, government actions, shortages of materials, labor difficulties, fires, floods, acts of God and the effects of civil disobedience.
DELAYS. Delivery dates are estimates and may be adjusted to reflect circumstances beyond the control of Seller including without limitation delayed performance of suppliers or carriers.
CHANGES: Seller reserves the right to change the details of any Goods provided that such change shall not impair the performance or critical dimensions of such Goods.

ADDITIONAL COSTS: In addition to the purchase price, Buyer shall reimburse Seller for any costs Seller incurs as a result of (a) changes in the Products or delays in delivery requested by Buyer; (b) delays in delivery arising from Buyer’s failure to provide information, drawings or materials; or
(c) changes in the laws, codes, rules or regulations applicable to the Products after the date of this Agreement.

LIMITED WARRANTY: Products may be or incorporate components manufactured by someone other than Seller. To the extent such components are warranted by their original manufacturers, and to the extent that such warranties are assignable to Buyer, Seller assigns to Buyer any rights and remedies it has relating to such components, and such warranties are the only warranties provided for those components. Seller further agrees to perform any obligations of the original manufacturer under the manufacturer’s warranty to the extent that such manufacturer authorizes Seller to perform such warranty obligations.
Seller warrants that it will correct any failure of the Goods to meet the performance specifications herein, or defects in Goods manufactured or reconditioned or Services performed by it, latent or otherwise, of which it is notified in writing within the applicable Notification Period, ex-works Seller’s facilities (Incoterms® 2010), or Seller will refund the purchase price of the defective Goods or Services, at Seller’s sole discretion and as the exclusive remedy provided.

Notification Periods:

New Goods: within the sooner of 18 months of delivery of the Goods to Buyer or 12 months of the Goods first being placed into service by the original end user.

Services or reconditioned Goods: within 3 months of the Services being performed by Seller or reconditioned Goods being delivered to the Buyer.

PAGE 1

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, WORKMANLIKE PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE.
This Limited Warranty is extended only to Buyer. Buyer may assign this Limited Warranty only to the original end user of the Products. No other assignment of this Limited Warranty is permitted without the express written consent of Seller and any attempted assignment without the consent of Seller is void. Applicable statutes may expand this Limited Warranty.
INDEMNITY (INCLUDING FOR NEGLIGENCE): TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SELLER FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTION, LIABILITIES, DEMANDS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND OTHER LEGAL EXPENSES) OF WHATSOEVER KIND AND NATURE, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM INJURY TO, OR ILLNESS OR DEATH OF ANY PERSON AND FOR ALL DAMAGE TO,
LOSS OR DESTRUCTION OF PROPERTY, (COLLECTIVELY, “LOSSES”), RELATED TO OR ARISING OUT OF THIS AGREEMENT OR THE DELIVERY, INSTALLATION, USE, OPERATION OR CONSUMPTION OF PRODUCTS, ANY BREACH OF WARRANTY OR THE FAILURE OF EITHER PARTY TO FULLY PERFORM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY SUCH LOSSES ARISING IN OR FROM CONTRACT, TORT, STRICT LIABILITY, OR PRODUCT LIABILITY OR CAUSED OR OCCASIONED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER, WHETHER SOLE, JOINT OR CONCURRENT.
This Indemnity Provision is a material part of this Agreement, supported by and in consideration of a reduction in the purchase price. In this Indemnity Provision, “Seller” means Seller, its parent, subsidiaries, affiliates, directors, officers, agents, representatives, employees, subcontractors, invitees and licensees.

DEFAULT: On any material breach of this Agreement by Buyer, including without limitation any failure of Buyer to make payments when due, each such being an event of default, Seller will be entitled to terminate this Agreement, to all remedies provided by law or equity, including without limitation its direct damages measured by lost profits as a volume seller. Any non-refundable down payment required by this Agreement is less than the amount of Seller’s damages in the event Buyer breaches its obligation to take delivery of Goods when tendered or to pay in full any amounts due.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER FOR ANY INCIDENTAL, RESERVOIR, POLLUTION, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, REVENUES, PROFITS OR OTHER OPPORTUNITIES, ARISING FROM THE PURCHASE OR SALE OF PRODUCTS, THE USE, OPERATION OR CONSUMPTION OF PRODUCTS, ANY BREACH OF WARRANTY OR THE FAILURE OF EITHER PARTY TO FULLY PERFORM THIS AGREEMENT, EVEN IF A PARTY WAS AWARE OF THE POSSIBILITY OF THE OTHER PARTY SUSTAINING SUCH DAMAGES, AND EVEN IF THE REMEDY PROVIDED HEREIN FOR A BREACH FAILS OF ITS ESSENTIAL PURPOSE OR A BREACH IS TOTAL AND FUNDAMENTAL, AND EACH PARTY WAIVES THE APPLICATION OF ANY DECEPTIVE TRADE PRACTICES OR CONSUMER PROTECTION LAW. SELLER’S MAXIMUM LIABILITY FOR ANY CLAIM BY BUYER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS ON WHICH THE CLAIM IS BASED.

EXPORTS: Seller reserves the right to rescind this Agreement, without any liability of Seller to Buyer, if at any time it reasonably believes that Products are intended to or will be shipped, exported or re-exported, directly or indirectly, to any country, person or other entity in contravention of any laws, regulations or administrative orders of the United States or any other jurisdiction to which Seller is subject (a “Contravening Export”). Any actual intention or attempt on the part of the Buyer to effect a Contravening Export will constitute a material breach of this Agreement. Buyer is required to identify the end use, end user, and country of final destination for Products included in this Agreement. Buyer warrants that, with respect to transactions related to this Agreement, it has not committed, and will not commit, any violation of the US Foreign Corrupt Practices Act or any other anti-corruption statute.

ASSIGNMENT: Neither Party may assign any of its rights or delegate any of its duties under this Agreement, voluntarily or involuntarily, by merger, consolidation, dissolution, operation of law or any other manner without the express written consent of the other, which shall not be unreasonably withheld but without which any attempted or purported assignment or delegation is void. This Agreement binds and benefits both Parties and their respective permitted successors and assigns but does not confer any rights or remedies on any other person.

WAIVER: The waiver by Seller of any breach of the provisions of this Agreement shall not be deemed to be a waiver of any subsequent breach of a like or different nature. The failure by Seller to enforce any provision of this Agreement shall not be deemed a waiver of that provision.

DISPUTE RESOLUTION: TO THE EXTENT PERMITTED BY LAW, THE PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES.
INTERPRETATION AND VENUE: The Parties waive the application of the Convention on Contracts for the International Sales of Goods to this Agreement. The laws of the State of Texas (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement, including without limitation, its validity, interpretation, construction, performance and enforcement. Venue for any action arising out of or relating to this Agreement shall be in Harris County, Texas; and the Parties waive any claim of an inconvenient forum. Section headings are provided for convenience only.

SURVIVAL. The warranty, indemnity, limitation of liability, dispute resolution and interpretation and venue provisions herein survive the termination of this Agreement.

ENTIRE AGREEMENT: This Agreement contains the entire agreement of the Parties and incorporates any prior agreements or understandings, whether written or oral, to the extent the Parties intend such to be incorporated. No writing henceforth exchanged between the Parties will be effective to amend or supplement this Agreement, except that such writing expressly refers to this Agreement and is signed by both Parties.

PAGE 2

Jason Pierman

From:	Kurt Kapsos <kurt.kapsos@murraylogan.com>
Sent:	Monday, June 26, 2023 4:20 PM
To:	Carlos Ballbe; Garry Gruber (Mock Roos); Pat Kirby (Mock Roos); Kurt Kapsos; smassey@cjgrove.com; Jason Pierman; Eduardo Duran
Subject:	FW: Mission RTU -Avenir CDD Stormwater Pump Station Budgetary Quote V2 UPDATE
Attachments:	MyDroSpecSheet2107 (2).pdf; MyDroExpansionModulesSpec MEM-0522_Digital.pdf

Hi Jason / Scott:

I met with Jim from Mission Control, onsite last week Friday, at the Avenir PS to see if he could reduce the cost of the proposed RTU system. Please see email below showing the results.

Please let me know if you want to move forward with Mission Control as the RTU provider.

Kurt Kapsos
Murray Logan Construction, LLC 313 65th Trail N., W.P.B., FL 33413 Office: (561) 686-3948
Cell: (561) 718-9718

From: Jim Davis <Jim.Davis@awc-inc.com>
Sent: Monday, June 26, 2023 12:15 PM
To: Kurt Kapsos <kurt.kapsos@murraylogan.com>
Subject: FW: Mission RTU -Avenir CDD Stormwater Pump Station Budgetary Quote V2 UPDATE

You don't often get email from jim.davis@awc-inc.com. Learn why this is important

Kurt,

I was able to trim down the pricing. Grand Totals are listed at the bottom. Please scroll down.

Hardware:
M853 RTU Flatpak, Antenna, 20FT Extended Antenna Cable, Antenna Bracket, Digital and Analog I/O Expansion Modules, 24VDC PSU, 4-20mA Signal Isolator/Duplicators (4 Stilling Well Levels) Safe Module Plus for High Level Alarm, Relays for pump fault/trip inputs and 6 current sensors (for pumps start, runtimes, simultaneous pumps runtime),
Option B: NOAA Approved 8inch Rain Gauge Tipping Bucket with pulse to Safe Module pulse input then to RTU NOTE: One Time Web Setup Fee $250 is included price with each option below.

Option A
Total Hardware Cost (including Rain Gauge Option): $7,294 Cellular Service (Yearly recurring charge w/ Rain Gauge) $743.40

Option B
Total Hardware Cost (without Rain Gauge): $6,544
Cellular Service (Yearly recurring charge w/o Rain Gauge): $683.40 Labor – Installation, Wiring, Configuration, Startup and Training: $1,750
Estimated Shipping Costs: $150
-----------------------------------------------------------------------------------------------------------------
GRAND TOTAL with Rain Gauge: $9,937.40

1

Please contact me if you have any questions.

GRAND TOTAL without Rain Gauge $9,127.40

Mission also offers 10% discount for two year RTU standard cellular service and 15% discount for 3 year RTU standard cellular service. Additional expansion module service packages still apply at $60 per year each.

Regards, Jim

Jim Davis
Business Development Manager
office  (321) 207-0120
cell	(561) 777-0303

From: Jim Davis <Jim.Davis@awc-inc.com>
Sent: Tuesday, June 20, 2023 2:16 PM
To: Kurt Kapsos <kurt.kapsos@murraylogan.com>
Subject: Mission RTU -Avenir CDD Stormwater Pump Station Budgetary Quote

Kurt,
Thank You for the opportunity to provide a preliminary budgetary quote for the Mission Communications Cellular RTU and 123- SCADA System. After careful inspection of the Avenir CDD Stormwater Pump Station and reviewing the existing RTU control panel drawings provided by C.C. Control Corp, I have determined a Mission RTU can be installed in a non-invasive manner so existing wiring to the PLC remains intact and no other components are disconnected, moved or removed. Knowing this is a very critical stormwater station, I am confident the Mission RTU and 123SCADA System is solid fit as it provides important monitoring and trending data, alarming & notifications and numerous Ready Made Reports. 123-SCADA Users can even create their also own custom “Desktop View” by simply “dragging and dropping” icons on to a desktop page. This allows numerous parameters to be grouped and viewed on a single page. 123SCADA has all the look and feel of a traditional SCADA system without a big price tag!

Parameters to be monitored and/or alarmed on are:
-All 6 pumps (Starts, Runtimes, Multiple Pumps Runtimes and Pump Runtime Variance)
-All 6 Pump Faults (Pump trips/overloads)
-All 4 Stilling Wells Levels
-High Level Float (we can even monitor and notify an alarm condition for the high level float when a total A.C. power occurs-battery backup)
-ATS On (Switched)
-Generator Running
-Rainfall Monitoring Local Weather Station or (rain gauge requested by Scot t Massey as an option)

Jim

awc-inc.com

Jim Davis
Business Development Manager
office  (321) 207-0120
cell	(561) 777-0303
HOW ARE WE DOING?

***LEGAL DISCLAIMER*** The information in this message is confidential and may be privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorized. If the reader of this is not the intended recipient, any dissemination, distribution, or copying of this communication, or any action or omission taken by the reader in reliance on it is prohibited and may be unlawful. Thank you

MyDro Expansion Modules

MyDro Expansion Modules
Increase the monitoring possibilities of the MyDro remote terminal unit

Expand MyDro 150 and 850 possibilities with MyDro Expansion Modules. The MyDro remote terminal unit (RTU) automatically recognizes the module when it is installed. The readings will be presented on the MyDro LCD screen and your web portal immediately.

Configurable options are presented on the LCD screen under the Config button. Your web portal is used to create alarm notification rules for the new I/O including alarm delays, analog thresholds, and fow (pulse) thresholds.

Analog input, analog output, and digital input expansion modules are most suitable for the MyDro 850 series RTU. Pulse input expansion modules can be used on either the MyDro 150 or 850 series RTUs. Setup forms for the modules are available on the web portal.

The expansion modules provide signal conditioning, isolation, ranging, analog-to-digital conversion, and digital-to-analog conversion. Digital communication to the MyDro is based on a unique device ID and communications cable (RS485 2-wire, plus power). The device ID has been set by Mission at the factory as indicated on the label. One of each expansion module can be included on a single MyDro with the exception of the pulse input, as described below. Modules are daisy-chained (wired in parallel) on the same data bus via the included communications cable.

Analog Input Expansion Module
The two on-board analog inputs can be expanded to six with the analog input. 4–20 mA or 0–5 VDC signals can be selected by an internal jumper and configuration at the MyDro touch screen.

Analog Output Expansion Module
The analog output can be used to remotely change chemical dosers, variable frequency drives, or variable position valves, either manually or automatically. Output signals can be configured as 4-20 mA.

Digital Input Expansion Module
The eight on-board digital inputs can be expanded to 16 with the digital input. The inputs can be connected to instruments that provide a dry- switch closure or a powered signal up to 50 VDC.

Pulse Input Expansion Module (not pictured)
The pulse input is used with pulse-based fow meters or rain tipping buckets. Each expansion module supports two pulse input channels. The MyDro supports two expansion modules yielding a total of four pulse channels. Dry contact or wetted up to 5 VDC are supported.

Easy to install

Expands RTU inputs and outputs

MyDro supports one of each expansion module simultaneously

Includes communication cable capable of long distances (RS485)

Mounts to DIN rail or as a lat back
mount

Mounts to a DIN rail mount
Page 58

Dimensions	
Interchangeable Mount Options

Direct Mount	DIN Rail Mount

Specifications

Data	Description	Analog input	Analog output	Digital input	Pulse input	
	Mission product number	OP465	OP461	OP65 	OP464	
	Device ID (decimal)	20	40	10	 0	

I?O	Channels	4	2	8	2	
	Voltage on terminals	In: 4-20 mA or 0-5 vDC	Out: 4-20 mA	Dry or isolated: 0-50 vDC	Dry or wet: up to 5 vDC	
	Input impedance	Current: 120 O
voltage: 20M O	0.5 O out, max current
load is 500 O	5.2. O	50M O	
	
Timing	
N/A	
N/A	
N/A	Minimum 8 msec, high and low, max frequency
60 Hz	

Communications	Cable (PN CP500)	-acketed with R-45 terminal on MyDro end, tinned on other, 2 conductors for data, 2 for power	
	Protocol	RS485 (2-wire: Data , Data -)	
	Maximum communication distance	4,000 feet, voltage drop must be considered	
	Indicators	Power, Communications	Power, Communications, DI	Power, Communications	
	Asynchronous data format:	Handled by MyDro (no config required) 1 startbit, 8 databits, 1 stopbit, no-parity, with checksum	
	RS 485 transient suppression	Yes	

Power	Range	10-30 vDC, unregulated, protected against power reversal	
	Maximum power (including instruments)	1.2 W	 :	1 W	2 W	

Mech	Case	Acrylonitrile butadiene styrene (ABS) and polycarbonate (PC) with captive mounting hardware	
	Included mounting plates	 5 mm DIN rail or direct panel mount	

Terminals	Wire gauge	14–28 AWG	
	Mission PN	CP501	CP502	CP501	

Service	
Service Package	
Requires service package PN SPOP-12	

Environment	Certifications	FCC, LE, ROHS	
	Temperature	-10 – 70° C	
	Humidity	5-95 , non-condensing	

(877) 993-1911 • sales@123mc.com • 123mc.com

Page 59

©2022 Mission Communications. The Mission Communications logo is property of Mission Communications. All Rights Reserved. Protected under patents 7,216, 145. Specifications subject to change without notice.
MEM-0522

MyDro Expansion Safe Module Plus

Intrinsically safe loat circuit, speeds installation, and supports pulse inputs
Automatically recognized by the MyDro 150 and 850, the MyDro Expansion Safe Module Plus is the most powerful expansion module for the remote terminal unit (RTU). Designed for water and waste water environments, the MyDro Safe Module Plus mounts onto a DIN rail and connects directly to the RTU communications and power.

For Hazardous Environments
Most sewer lift stations are considered hazardous locations per the National Electric Code (NEC Rule 22-704). The MyDro Safe Module Plus allows the state of a high-level foat (located in the hazardous location) to be shared with both the local control panel and the Mission remote terminal unit (RTU) while complying with NEC requirements for hazardous environments. The foat-sensing circuit is certified for Class I, Division I (methane) environments typical of sewer lift stations.

Speeds Installation
This optional module connects to the MyDro 150 or 850 RTU with a quick-connect communications cable. The cable powers the module and includes the RS485 communications link between the two components. The RS485 standard is capable of reliable communications up to 4,000 feet, allowing the module to be located closer to the sensed elements. The enclosure is compatible with standard DIN rail. Terminals are front- facing.

High Wet Well Alarms Even When AC Has Failed
High wet well events are reported even when there is no AC power to the
station because of the backup battery associated with the MyDro unit.

Relay—Local Alarm
A built-in relay can drive a local alarm light and buzzer based on foat.

Relay-Lock-Out Functions
The relay can be used with safety lock-out functions. A selectable debounce (time delay) can be set for the included relay to avoid short cycling because of a bouncing foat. For example, in clean water applications the relay can be included in the control circuit of a service pump and used to lock out the pump before the supply runs
dry, as indicated by a normally open (N/O) low-level foat. The Mission notification system can be set to dispatch a notification, such as "Service pump lock-out activated because low supply level.”

Four Pulse Channels
The four pulse channels are typically used with rain tipping buckets and pulse-based fow meters. The inputs support dry, open collector, and wetted circuits. Non-volatile memory maintains the pulse count during extended power outages or if the communication cable is disconnected. Pulse counts accumulate even if the MyDro RTU is offine as long as it has power.

Supervision
The MyDro reports RS485 communication failures and intrinsically safe circuit failures if they occur.

Reduces installation time and complexity

Includes a loat circuit designed for hazardous locations typical of a sewer lift station

Dispatches high wet well alarms even if AC power fails

Allows multiple purposes for duplicate loat
signals

Supports four pulse channels

Page 60

Sewer Lift Station Application

Specifications
Float-Sensing Circuit (PN OP750):
Current and voltage limited
Certified Class I, II, III, Division I, Groups D-G T1

Power:
9 to 24 vDC, 12 vDC nominal
Supplied by MyDro (backed up by battery) when included communications cable is used
0.5 W max (when relay is energized), 0.2 W
quiescent

Communications Cable (PN CP500):
2 conductors for power
2 conductors for communications
Shielded cable, grounded at MyDro via RJ45
RS485 differential pair (D+, D-)
Modbus RTU (slave address=200)
Additional I/O expansion available; see MyDro Expansion Modules specification sheet

Interposing Relay:
Maximum 10 A at 120 VAC
Maximum 14 gauge wire

Service Pump Lock-Out
Application

Relay Lock-Out Mode:
Relay state change coincident with foat change or with configurable time delay for debounce purposes
Time delay configurable with rotary switches (0, 1, 2, 3, 4, 5, 6, 7, etc. minutes)

Pulse Channels:
4 channels, common ground
Minimum pulse width 8 msec high, 8 msec low
Dry input (polarity insensitive)
Open collector (polarity sensitive)
Wetted up to 24 VDC

Onboard LEDs:
Power
Float

Physical/Environmental:
30 mm DIN rail mount
100 mm H x 100 mm D x 25 mm W (4 in x 4 in x 1 in)
0.5 lb
-20° C to 60° C, non-condensing
Enclosure is fame resistant polyamide
ROHS certified (lead-free)

Pulse Applications

Pulse
1 2 3 4

GND P1+

_

+

Active Source 0–24 VDC

Pulse
1 2 3 4

GND P1+

Includes:
Safe Module Plus
3-in DIN rail with screws
4 x 4 removable terminals
Communications cable
Installation instructions

Service:

5

5

Dry contact pulse input	Active pulse input	•  Expansion service fee²12 months (PN SPOP-12)

_
Active Source
+	0–24 VDC
4K	1K

GND P1+

Pulse
1 2 3 4 5

Pulse
1 2 3 4 5

GND P1+

Certification:
(c) UL, UL (US), E515427

Warranty:
One year manufacturing and material warranty

24V DC example - Active pulse input with optional voltage divider

Open collector with NPN transistor

(877) 993-1911 • sales@123mc.com • 123mc.com

Page 61

©2022 Mission Communications. The Mission Communications logo is property of Mission Communications.
All Rights Reserved. Protected under patents 7,216, 145. Specifications subject to change without notice.	MESMP-0522

MyDro 150, 850

The Next Generation of Wireless Real-Time Alarm, Monitoring, and Remote-Control
All of the functionality of the legacy series (M110 and M800) with an onboard interactive display and enhanced electronics
MyDro 150 and 850 RTUs
Easy to Install
Each remote terminal unit (RTU) includes all necessary hardware for a standard installation, such as a cellular radio, enclosure, backup battery, transformer, antenna with cable, and mounting hardware. Purpose-built RTUs simplify and speed installation. There is no programming required, and RTUs are self-enrolling.

Reliable Wireless Communications
RTUs feature a game-changing radio with an embedded SIM that supports multiple carriers (AT&T, T-Mobile, Verizon, and Telenor) as well as a removable SIM for future options such as FirstNet. That means access to multiple carriers is automatic with no need for a site visit to change a SIM. There are no radios to license, nor cellular contracts to set up.

Real-Time Alarms Delivered To All Devices
Real-time alarms are delivered via phone call, text message, email, fax, page, and even to an existing HMI software through an OPC data link. Each alarm is logged with a time stamp for tracking and reporting. The alarm call-out schedule is easy, fexible, and intuitive to set up.

Managed Service–The Complete Package
The Mission system includes all cellular data service, data storage, alarm call-outs, reports, and on-call, 24-7-365 technical support. The highly reliable turnkey system offers more features at a lower cost than an in-house setup. No engineering or programming is required, and there are no networks to maintain.

View data and reports using the secure 123SCADA web portal, accessible from any web-enabled device. The 123SCADA user interface is designed to mimic industry-standard HMI SCADA and also includes a legacy user mode. Tabular and graphical reports can be used for compliance reporting and comparative studies. System enhancements are available immediately and included at no cost.

M150 RTUs
Real-Time Alarms with Hourly Summaries
M150 RTUs summarize pump runtimes and pump starts hourly. All alarm data is reported in real-time. Analog data and RTU status are reported hourly. Simultaneous pump runtimes can be reported when two pumps run.

M850 RTUs
Real-Time Alarms and Streaming Data
M850 RTUs report pump starts and stops in real-time. Analog values are reported every two minutes or on a five percent change. Volumetric fow calculations can utilize this information along with sump volume (as determined by an analog level sensor or fixed entries) to calculate hourly volumetric fow rates.

Remote-Control
Expand system operations with optional remote-control for off-site wells, tanks, gates, chlorine dosers, variable frequency drives, and more. Optional automatic remote control interfaces include the Tank and Well Control Package, Digital Interconnect, and Analog Interconnect.

LCD Touch Screen
Displays current status
Supports local configuration

Radio
Cellular radio supports multiple carriers to ensure optimal connection and signal quality
No radio licenses or site path studies required

Expandable
Up to 16 digital inputs, 6 analog inputs, 4 pulse inputs (with SMP), and 2 analog outputs, simultaneously
Onboard digital inputs configurable for wire fault supervision or strap on current sensing switch for easier pump run indication
RS485 for digital, analog, and pulse expansion

Enhanced
12 or 24 VDC auxiliary output for battery-backed analog instrument loop power
Over-the-air upgradeable firmware

MyDro 150	MyDro 850
Wastewater	Sewage lift station, industrial water quality (WQ) alarming, lift station generator alarming	Master pump station monitoring and remote- control, critical process monitoring, open channel fow monitoring, sewer station power monitoring, reuse water monitoring and control	
Water	Pump station alarming, reservoir level alarming, remote valve alarming, chlorine (Cl) residual WQ alarming, pressure reducing valve station alarming	Pump station monitoring, tank and multiple well control, remote valve monitoring and control, Cl residual :4 alarming, fow or pressure monitoring	
Other	Gate status alarming, rainfall monitoring	Septic offoad and billing, custody transfer and billing, canal level monitoring and gate control, l&l fow, level data logging	
Page 62

Technical Specifications

Removable mini fuses:

AC
Battery

Touch LCD

12 VAC in

SD card

12 VDC battery

Auxiliary out
(0, 12, or 24 VDC)

Ethernet

Outdoor NEMA 4X enclosure:
13.25” w x 13.75” h x 6.25” d
With sun shield Weight: 7.6 lbs

Mini USB
(for factory use)

Expansion module(s)

Radio module
(E-SIM with additional SIM slot)

Secondary SIM holder

NEMA 1 enclosure:
11.375” w x 11.25” h x 3.5” d
Use indoors, wall mounting Weight: 3.6 lbs

Analog channel signal selector

Sounder

Channel 1 Channel 2

Key reader

Analog channel
(1, 2)

Digital inputs

(1–4)

(5–8)

Relays
(1–3)
Max 5 A at 30 VDC,

Antenna connection
(SMA-F)

FlatPak NEMA 1 enclosure: 10.5” w x 7.75” h x 1.5” d
Use inside MCC cabinet Weight: 1.8 lbs
5 Ah battery weighs additional
3.6 lbs

MyDro 150	MyDro 850
Data	Alarm Data	Real-time	Real-time	
	Pump State	Summarized hourly	Real-time	
	Analog Reporting	Current value reported hourly	Every 2 minutes or on 5% change	
	Device Health	Built-in inputs reported hourly	
Input/Output	Digital Inputs	8 onboard, dry digital inputs with selectable wire fault supervision or direct attach current sensing switch; Expandable to 16 with PN OP653	
		3 configurable for pump run summary reporting; Simultaneous
runtimes reported when 2 pumps are monitored	8 configurable for pump run; Pump states reported in real-time.
Simultaneous pump runtime reporting supported for up to 7 pumps	
	Analog Inputs	2 onboard, 4–20 mA isolated or 0–5 VDC; 4 alarm set points each; Expandable to 6 with PN OP465	
	Relay Outputs	3 remotely controllable, form C, dry contact relay outputs; 5 A at 30VDC, SPDT, N/O, or N/C	
	RS485	Support for specified expansion modules	
	Pulse Inputs	4 channels with Safe Module Plus expansion module PN OP750	
		15-minute reporting	2-minute reporting	
	Analog Output	2 channels (4–20 mA or 0–5 V) with PN OP461	
	Electronic Key Reader	Key reader for site activity tracking and service mode	
	Built-in Inputs	AC voltage, battery voltage, board temp, and signal strength; Optional second key reader	
Electrical	AC Power	Supervised 120 VAC to 12 VAC, 1.2 A, UL-recognized class II/class III transformer	
	Backup Power	12 V, 5 Ah battery standard with enhanced charging system	
		Up to 50 hours	Up to 18 hours	
	Auxiliary	Auxiliary output selectable 12 VDC or 24 VDC for battery-backed analog instrument loop powering; 250 mA max	
	Removable Terminals	Included: Amphenol PN 20020008-G061B01LF (6 pin for power), 20020004-D081B01LF (D08, D04, D03 for I/O)	
	Power Consumption	4.2 W	
Other	Enclosures	FlatPak (PN M153), NEMA 1 (PN M151), NEMA 4X (PN M152), Large NEMA 4X (PN M152L)	FlatPak (PN M853), NEMA 1 (PN M851), NEMA 4X (PN M852), Large NEMA 4X (PN M852L)	
	Environment	Operating temperature -20–60°C, non-condensing	
	Cellular Radio	Radios make live, continuous, encrypted TCP socket connections; Payload is end-to-end acknowledged; Penta band (850, 900, 1700, 1900, 2100 mHz); AT&T and partners: LTE, HSPA+, 3G; Verizon and partners: LTE, EVDO, 1XRTT	
	Antenna	Omnidirectional antenna with 11' cable, SMA termination, universal mounting bracket	
	Options	Optional SCADA integration OPC link (PN SW586) to client/server HMI, Tank and Well Control Package (see Accessory Catalog for details)	
	Service	Requires Service Packages for the unit and optional expansion boards (see Accessory Catalog for details)	
	Warranty	One-year manufacturing and material warranty	

Safety Certified

(877) 993-1911 • sales@123mc.com • 123mc.com	M150/M850-2107

Bill To:

Barney's Pumps Inc. PO Box 3529
Lakeland, FL 33802
(954) 346-0669
Coral Springs

Ship To:

QUOTATION

QUOTE NUMBER	
1014186	
QUOTE DATE	Page	
07/06/2023	1 of 3	
Quote Expires On: 08/06/2023 Quoted by: LKKEVIN

Avenier Drainage District	Avenier Drainage District

Customer ID:

11846

Destination Country:

PO Number	Terms	Freight Code	Job Name	
	TBD	Freight Allowed	Avenier Storm Water Pump Station - SCADA	
Quantities	
 tem D
 tem Des ription	
Unit Pri e	
!"tended
Pri e	
Ordered	#$$o ated	%emaining	UO 
Unit Size	Disp.				
1	0	1	EA	SCI-TEXT1062-RF	12,000.00	12,000.00	
				Sci-Text® 1062 Retro Fit			
				Power Supply w/ Battery Backup / Charger			
				Backup Batteries w/ Fused Protection			
				Sci-Text 1062 Controller, 24Vdc			
				4G Cellular Modem w/ Fused Power Cord			
				4G Cellular Antenna			
				Field Wiring Terminal Blocks (As Required)			
1	0	1	EA	SCI-TROLEXPENSE			
				Sci-Text® Custom Programming			
				For Interfacing Between Existing System and			
				Sci-Text 1062 Retrofit Kit			
1	0	1	EA	70001777			
				Protocol Converter, Serial to Ethernet,			
				Selectable RS-232/422/485 Port (DIGI)			
1	0	1	EA	LABORENG-INT			
				Engineer Programming (In-House)			
				Programming of Protocol Converter			
1	0	1	EA	LABORENG-INT-PLC			
				PLC Programming (In-House) Programming Changes to Existing MicroLogix 1400 PLC			
1	0	1	EA	MATERIALUCSO			
				UC Floor Stock - Sales & Service Order			
				Misc. Wire and Hardware			
1	0	1	EA	LABORENG-INT-FS			
				Eng Integration Field Service Labor Installation, Commissioning, Testing, Start Up and Training for Sci-Text 1062 Retrofit			

Barney's Pumps Inc. PO Box 3529
Lakeland, FL 33802
(954) 346-0669
Coral Springs

QUOTATION

QUOTE NUMBER	
1014186	
QUOTE DATE	Page	
07/06/2023	2 of 3	
Quote Expires On: 08/06/2023 Quoted by: LKKEVIN

Quantities	
 tem D
 tem Des ription	
Unit Pri e	
!"tended
Pri e	
Ordered	#$$o ated	%emaining	UO 
Unit Size	Disp.				
1	0	1	EA	SCI-TEXTPLUS-PNL
Sci-Text® Plus Panel In Steel Enclosure	19,350.00	19,350.00	
1	0	1	EA	LABORENG-INT-FS			
				Eng Integration Field Service Labor			
				Installation, Commissioning, Testing, Start Up			
				and Training for Sci-Text Plus			
							
1	0	1	EA	JOBSOFTWARE	0.0000	0.00	
				Job Software			
				VTScada Light (Free Version)			
				50 Tags, One (1) Thin Client (Mobile or PC),			
				Historian, Security, Trending, Reporting,			
				Electronic Operator Logbooks, Alarm and Event			
				Logging			
1	0	1	EA	LABORENG-INT-SCADA	6,575.00	6,575.00	
				SCADA Programming (In-House)
VTscada Light Programming, Initialization and Screen Development			
1	0	1	EA	LABORENG-INT-FS			
				Eng Integration Field Service Labor Installation, Commissioning, Testing, Start Up and Training for VTScada Software			

Barney's Pumps Inc. PO Box 3529
Lakeland, FL 33802
(954) 346-0669
Coral Springs

QUOTATION

QUOTE NUMBER	
1014186	
QUOTE DATE	Page	
07/06/2023	3 of 3	
Quote Expires On: 08/06/2023 Quoted by: LKKEVIN

Quantities	
 tem D
 tem Des ription	
Unit Pri e	
E"tended
Pri e	
Ordered	A$$o ated	%emaining	UOM
Unit Size	Disp.				

 o al  s 

SU&'TOTA(:
TAX: AMOUNT DUE:
U.S. Dollars

37,925.00
2,325.50
40,250.50

Thank you for the opportunity to earn your business.

Prices quoted are firm for 30 days (unless otherwise noted), then subject to adjustment to agree with prices at time of shipment and subject to any tax required by law. Lead time and/or ship dates are estimates only and are based on the information available at the time of quotation. Please note that these times/dates are subject to change. If shop drawings are required for approval, please request them from our office.

Order processed per Barney's Pumps standard terms and conditions of sale, and all terms and conditions of Barney's Pumps Terms of Sale & Warranty are incorporated herein by this reference as if fully set herein. Please visit
https://www.barneyspumps.com/legal.html All shipments are F.O.B origin.
SIGN BELOW AND RETURN TO AUTHORIZE ORDER.

IIIIIIIIIIIIIIIIIIIIIIIII	IIIIIIIIIIIIIIIIIIIIIIIIIIII	IIIIIIIIIIIII PRINT NAME		SIGNATURE		DATE

WORK AUTHORIZATION NO. 6

For:

AVENIR COMMUNITY DEVELOPMENT DISTRICT
2501A Burns Road
Palm Beach Gardens, FL 33410 And

BALLBÉ & ASSOCIATES, INC.
2737 Northeast 30th Place Fort Lauderdale, FL 33306 (954) 491-7811

For:

AVENIR TOWN CENTER BYPASS ROAD ENGINEERING SERVICES

Project Number 202211

July 24, 2023

WORK ORDER NO. 6 BETWEEN CLIENT AND CONSULTANT

Client:	
Mrs. Virginia Cepero, Chairperson AVENIR COMMUNITY DEVELOPMENT DISTRICT
2501A Burns Road
Palm Beach Gardens, FL 33410	

Date:	

July 24, 2023	

Project Name:	
AVENIR TOWN CENTER BYPASS ROAD	Project No:	
202211	

Dear Virginia:

Pursuant to your request, BALLBÉ & ASSOCIATES, INC. (“Consultant”) is pleased to submit to AVENIR COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government organized under the provisions of Chapter 190 Florida Statues (“Client") the following Work Authorization for the engineering design, permitting, inspections, construction administration and final certification services for the above referenced project. This Work Authorization is submitted pursuant to the Agreement for District Engineering Services between the Consultant and the Client, dated February 8, 2017 (the “District Engineer Agreement”), which District Engineer Agreement is incorporated herein and made a part hereof.

Our scope of services includes the preparation of final roadway plans for the proposed road connecting Coconut Boulevard to the Avenir Drive Bypass Road, in the City of Palm Beach Gardens, including the necessary permitting and construction administration services. A more detailed list of the initial scope of services, along with their respective cost, is included in Exhibit “A”. Also, included is Exhibit “B”, the Schedule of Hourly Rates and Other Charges for work not specified in the Scope of Services.

This Work Authorization and the attached Exhibits represents the entire understanding between Client and Consultant and may only be modified in writing signed by Client and Consultant.

PURSUANT TO FLORIDA STATUE 558.0035, A DESIGN PROFESSIONAL, AS DEFINED IN FLORIDA STATUE 558.002, ACTING AS AN INDIVIDUAL EMPLOYEE OR AGENT OF BALLBÉ & ASSOCIATES, INC., MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.

Acceptance and Authorization to Proceed:
This Work Authorization and the attached Exhibits are hereby acknowledged and accepted, and we hereby grant authority to proceed. The undersigned is authorized to execute this Work Authorization on behalf of Client.

Consultant	BALLBÉ & ASSOCIATES, INC.	Client	AVENIR COMMUNITY DEVELOPMENT DISTRICT	

Signed	

Signed		
Name	Carlos J. Ballbe, P.E.	Name	Virginia Cepero	
Title	President	Title	Chair	
Date	July 24, 2023	Date		

Attachments:

Exhibit "A"	Initial Scope of Services
Exhibit "B"	Schedule of Hourly Rates and Other Charges

AVENIR TOWN CENTER BYPASS ROAD

EXHIBIT "A"

INITIAL SCOPE OF SERVICES

The following is a further description of the basic engineering services and related matters to be provided on a "Lump Sum" basis unless otherwise noted as “Hourly” which represents that payment for the services will be billed as the number of hours spent on the work and based on the fee schedule shown in Exhibit "B".

A.	FINAL DESIGN AND PERMITTING PHASE		

1.	
WATER DISTRIBUTION SYSTEM
Update the Avenir master hydraulic study to include the project’s water main and as required to size the main to meet Fire Department requirements and Seacoast Utility Authority (“SUA”) water quality requirements.	

$10,000.00	
	Prepare construction drawings for the proposed water distribution system as required by SUA, the City of Palm Beach Gardens and Palm Beach County Department of Health.		
2.	SEWAGE COLLECTION SYSTEM
Prepare construction drawings for the sewage collection system connecting to the existing manhole located on Coconut Boulevard as required by SUA, the City of Palm Beach Gardens and Palm Beach County Department of Health.	

$15,000.00	
3.	DRAINAGE SYSTEM
Prepare water management report and provide the necessary information to meet the SFWMD requirements for obtaining an Environmental Resources Permit modification for the following water management runoff requirements:		
	Water quality pre-treatment
Water quantity attenuation and discharge		
	Prepare pipe sizing hydraulic analysis and prepare construction drawings for the proposed drainage system and required lake interconnects to the master drainage system. Plans will include the necessary drainage structure details, pipe sizes, elevations, and specifications.		
	Coordinate with environmental consultant the submittal of the required		

AVENIR TOWN CENTER BYPASS ROAD

	wetland mitigation information.	$20,000.00	
4.	PAVING AND RELATED WORK
Prepare construction drawings for proposed road as required by SUA, the City of Palm Beach Gardens and South Florida Water Management District (“SFWMD”).		
	Plans shall include the following items:		
	Key Sheet
General Notes
Typical Sections
Master water plan
Master sewer plan
Master drainage plan
Paving and grading plan
Typical sections
Drainage Details
Miscellaneous Details	

$30,000.00	
5.	PAVEMENT MARKINGS AND SIGNAGE
Prepare construction drawings for the roadway pavement marking and signage as required by the City of Palm Beach Gardens.	

$10,000.00	
6.	SOUTH FLORIDA WATER MANAGEMENT DISTRICT (“SFWMD”) UTILITIES DEWATERING PERMIT
Prepare SFWMD dewatering permit application for utilities installation (water/sewer/drainage). Consultant to provide the following scope of work:		
	a. Review historical information on file with the SFMWD to identify existing dewatering permits for the Avenir project site. The District has requested previous Avenir dewatering applicants address the impacts of concurrent dewatering activities on new, proposed dewatering projects.		
	b. Prepare the dewatering permit application and supporting documentation.		
	c. Prepare dewatering plan and calculations for the water, sewer, and drainage installation.		
	d. Optimize the dewatering discharge location and methods that are  consistent  with  SFWMD  criteria.  Provide  the  ownership		

AVENIR TOWN CENTER BYPASS ROAD

	documentation, site plans, locations to be dewatered, and		
	maximum dewatering depths. No fieldwork will be performed as		
	part of the scope of work described in this proposal. ResponsDe to		
	request for additional information. The SFWMD permit fee is not		
	included.		
	e.  Evaluation of the proposed allocation adverse impact on existing		
	legal users of the groundwater resource and dewatering potential		
	impact to on-site or off-ste lands affected by in not included.	$15,000.00	
7.	SUBMITTALS & PERMITTING		
	Prepare  plans,  applications,  exhibits  and  submit  to  the  following		
	permitting  agencies  for  the  purposes  of  obtaining  the  necessary		
	approvals to construct the proposed infrastructure improvements:		
	Seacoast Utilities Authority		
	Palm Beach County Utilities		
	City of West Palm Beach		
	Palm Beach County Health Department		
	City of Palm Beach Gardens		
	South Florida Water Management District	$15,000.00	
8.	SUA DEVELOPER AGREEMENT FOR WATER AND SEWER		
	Prepare application and exhibits required to process a Developer		
	Agreement with SUA.  Attend meetings with SUA staff if required. Assist		
	Client with the execution of the agreement.	Included	
9.	MEETINGS		
	Attend virtual and in person meetings as required to obtain plan		
	approval.	Included	
10.	BIDDING AND NEGOTIATION		
	1.  Prepare bid packages for the proposed improvements, including		
	Autocad files to facilitate bid preparation.		
	2.  Submit packages to Bidders.		
	3.  Reply to Bidder’s comments.		
	4.  Provide Client assistance in evaluating contractor proposals, as		
	required.	$5,000.00	
11.	NPDES NOTICE OF INTENT (“NOI”) FILING PHASE		
	Prepare a storm water pollution prevention plan and submit to the F.D.E.P.		
	for	the	purposes	of	obtaining	a	Notice	of	Intent	Permit	only.		
	Contractor/Client shall be responsible for the implementation and		
	monitoring/reporting of the construction activities.	$2,500.00	

AVENIR TOWN CENTER BYPASS ROAD

	

TOTAL FINAL DESIGN AND PERMITTING PHASE =	

$122,500.00	

B.	PRECONSTRUCTION PHASE	

1.	
UTILITY COORDINATION & DRY UTILITY CROSSING PLAN		
	Client to provide all dry utility crossing information (i.e. FPL feeder and		
	transformer locations, Street lights conduits, Cable, Irrigation, Gas).		
	Coordinate dry utility installation and road crossings with Client. Pursuant		
	to Seacoast Utility Authority (“SUA”) requirements prior to scheduling a		
	pre-construction meeting, Consultant to provide the following services:		
	a. Prepare dry utility plans (road crossing plans) as required by SUA.		
	b. Compute road crossings conflicts with water and sewer and add		
	information to dry utility plans.		
	c. Submit dry utility plans to SUA for review and approval.	$10,000.00	
2.	FINAL COST ESTIMATES & BONDS		
	a. Prepare final construction cost estimates for the installation of the		
	water, sewer, paving and drainage as required by PBG for		
	bonding and permit fee determination. Assemble landscape and		
	irrigation cost estimates provided by UDK and submit estimates to		
	PBG for review and approval.		
	b. Submit draft and final bond agreements and bonds to the City of		
	Palm Beach Gardens. Assist Client with the requirements to obtain		
	the performance bond. Follow up with Palm Beach Gardens staff		
	to get the bond approved.	$3,500.00	
3.	SITE INFRASTRUCTURE PERMIT		
	The following services are required to secure the site infrastructure permit:		
	a. Prepare application and submit to Client and Contractor.		
	b. Prepare plans and submit to PBG along with applications.		
	c.  Address permit comments and follow up with City, Client,		
	Contractor on items required for permit.	$2,500.00	
4.	CONSTRUCTION SITE SECURITY PLAN & PERMIT		
	The following services are required to secure the site security permit:		

AVENIR TOWN CENTER BYPASS ROAD

	
a. Prepare  a  security  plan  as  required  by  the  PBG  Police		
	Department and Fire Department prior to the issuance of the site		
	infrastructure permit or building permit.		
	b. Prepare permit application and submit to Client/Contractor.		
	c.  Submit plan and application to City for review and approval.		
	d. Address permit comments and follow up with City, Client,		
	Contractor on items required for permit.	$5,000.00	
5.	STREET LIGHT PERMIT		
	The following services are required to secure the street light permit:		
	a. Prepare application and submit to Client and Contractor.		
	b. Request signed and sealed plans from electrical engineer		
	(Photometric Plans.		
	c. Prepare plans and applications package and submit to PBG for		
	review and approval.		
	d. Address permit comments and follow up with City, Client,		
	Contractor on items required for permit.	$2,500.00	
6.	SEACOAST UTILITY AUTHORITY PRECONSTRUCTION MEETING		
	Prepare and submit the following information required by SUA prior to		
	scheduling a preconstruction meeting:		
	• SUA Exhibit “D” (Shop drawings specifications)		
	• SUA Exhibit “C” (contractor’s license)		
	• DEP Water and sewer permits		
	• Dry Utility Crossing Plans	$3,500.00	
	
TOTAL PRECONSTRUCTON PHASE =	
$27,000.00	

C.	CONSTRUCTION INSPECTIONS AND CONTRACT ADMINISTRATION PHASE	
	
Following is a summary of the services to be provided:

Review and approve shop drawings.
Attend applicable pre-construction meeting.
Conduct necessary periodic field inspections during the construction of the permitted improvements as required to comply with the minimum standards for certification of the project.		

AVENIR TOWN CENTER BYPASS ROAD

	Act as the owner's representative during the required inspections.
Respond to contractors RAI.
Attend meetings as required by Client, City/County, Architect and Contractor.
Review and process payment requisitions if required.
Attend Preliminary and Final inspections.

TOTAL CONSTRUCTION INSPECTIONS AND CONTRACT ADMINISTRATION PHASE =	

$45,000.00
budget	

D.	FINAL CERTIFICATION AND CONVEYANCE PHASE	
	
Following is a summary of the services to be provided on behalf of Client for the final certification and project conveyance:

Review and submit certified as-built drawings provided by the surveyor of record.
Prepare and process Final Engineer's Certifications for the permitted site improvements.
Submit Engineer’s daily construction inspection reports.
Prepare final conveyance packages and submit to permitting agencies.
Process easement dedications: Client to provide sketch and legal descriptions and opinion of title.
Process bond reduction and bond release.

TOTAL PRECONSTRUCTION AND INSPECTION PHASE =	

$15,000.00	

TOTAL SCOPE OF SERVICES =	
$209,000.00	

AVENIR TOWN CENTER BYPASS ROAD

The above listed tasks do not include the following items: GEOTECHNICAL TESTING
Percolation test and soil testing (borings, subgrade and rock base testing).

BOUNDARY/TOPOGRAPHIC SURVEY
Client to provide Consultant with a survey containing topographic information and/or the as- builts for the paving and drainage system prior to commencement of work in Autcad format. (Alta Survey if available).

WETLAND CONSULTING
Jurisdictional wetlands determination or permitting services.

ENVIRONMENTAL RELATED SERVICES
Soil/water contamination services not included. IRRIGATION PERMIT
TRAFFIC STUDIES
Preparation of traffic study to determine level of services and concurrency requirements.

OUT-OF-POCKET EXPENSES
Out-of-pocket expenses will be billed at their respective cost as per the attached Exhibit “B”.

FEES
Application and permit fees are not included and shall be provided by Client as required by the permitting agencies.

Consultant will assist Client in getting proposals to perform this work if necessary.

AVENIR TOWN CENTER BYPASS ROAD

EXHIBIT "B"

SCHEDULE OF HOURLY RATES AND OTHER CHARGES

Principal	Hour	$225.00	
Senior Professional Engineer	Hour	$200.00	
Professional Engineer	Hour	$175.00	
Senior Civil Engineer	Hour	$150.00	
Civil Engineer	Hour	$125.00	
Engineering Inspections/Contract Administration	Hour	$150.00	
Engineering Technician	Hour	$100.00	
Administrative Services	Hour	$75.00	
Deposition/Court Testimony	Hour	$350.00	
Out of Pocket Expense	Expense	Cost + 15%	
Mileage	Mile	$0.50	
Black Line Prints (24”x36”)	Each	$1.75	
Color Prints (24”x36”)	Each	$15.00	
Photocopies (8.5”x11” Black & White)	Each	$0.25	
Photocopies (8.5”x11” Color)	Each	$0.50	
Photocopies (11”x17” Black & White)	Each	$0.50	
Photocopies (11”x17” Color)	Each	$1.00	
Finance Charge on Past Due	Account Balance	See Exhibit “C”	

Client 	

Consultant CJB

Page 8
ballbé & associates, inc.

AVENIR TOWN CENTER PHASE ONE PROPOSAL #2 - CHANGE ORDER #1

SCOPE OF SERVICES AND FEE PROPOSAL FOR FINAL DESIGN AND PERMITTING PHASE

.,

Prepared for:

AVENIR
AVENIR DEVELOPMENT, LLC
550 Biltmore Way, Suite 1110 Coral Gables. FL 33134

Prepared by:

BALLBE
& ASSOCIATES

BALLBE & ASSOCIATES, INC.
2737 Northeast 371h Place Fort Lauderdale, Fl. 33306 (954) 491-7811

Project Number:
202109

June 6, 2023

ballbe & a sociatc , inc.

PROPOSAL #2 • CHANGE ORDER #1
	TO PROPOSAL AND AGREEMENT BETWEEN CONSULTANT AND CLIENT	

Client:	
Mrs. Virginia Cepero
AVENIR COMMUNITY DEVELOPMENT DISTRICT
550 Biltmore Way, Suite 111O Coral Gables. FL 33134	

Date:	

June 27, 2023	

Project Name:	
AVENIR TOWN CENTER PHASE ONE FINAL DESIGN AND PERMITTING PHASE	
Project No:	
202109	

Dear Virginia:

Please find attached for your review and approval this Change Order request provided by BALLBE & ASSOCIATES, INC. ("Consultant") to AVENIR COMMUNITY DEVELOPMENT
DISTRICT ( "Client") for the Additional Services to the Proposal and Agreement Between Consultant and Client for the above referenced project.

The Scope of Services and corresponding fee amount is defined in the attached Exhibit "A". This Agreement sets forth the understanding of the arrangement between Client and Consultant and will be made part of the original Agreement.

Acceptance and Authorization to Proceed:
This Agreement and the attached Exhibits are hereby acknowledged and accepted, and we hereby grant authority to proceed. The undersigned is authorized to execute this Agreement on behalf of Client.

(Signatures on the following page)

ballbe,	a · ·iate	inc.

Consultant	BALLBE & ASSOCIATES, INC.	Client	AVENIR COMMUNITY DEVELOPMENT DISTRICT	

Signed	

Signed		
Name	Carlos J. Ballbe, P.E.	Name		
Title	President	Title		
Date	6/6/2023	Date		

Attachments:

Exhibit "A" Exhibit "B" Exhibit "C"

Initial Scope of Services
Schedule of Hourly Rates and Other Charges Standard Provisions

ballbe & a 'ociate	inc.

 	

E fER PHASE. 0	E

0 PERMITTI

PHASE

C,v,I Eng,n nng • Planning• Sur nz

& ASSOCIATES

BALLBE

EXHIBIT"A"

Work product and services will be based on the final site Infrastructure engineering plands approved by Palm Beach Gardens and the applicable permitting agencies.

BASIC SERVICES

The following is a further description of the basic professional engineering services and related work to be provided on a ''Lump Sum" basis unless otherwise noted as "Hourly" which represents that payment for the services will be billed as the number of hours spent on the work and based on the fee schedule shown in Exhibit "B".

	FINAL DESIGN AND PERMITTING PHASE	
	
WATER DISTRIBUTION SYSTEM
Town Center Bypass Road infrastructure project will provide the necessary water main stubs to service the subject site. Prepare construction drawings for the proposed on-site water distribution system.

SEWAGE COLLECTION
Town Center Bypass Road infrastructure project will provide the necessary gravity sewer main stub to service the subject site. Prepare construction drawings for the on-site sewage collection system.

DRAINAGE SYSTEM
Prepare a water management report and provide the necessary information to meet the SFWMD requirements for obtaining an Environmental Resources Permit modification for the following water management runoff requirements:

Water quality pre-treatment
Water quantity attenuation and discharge

Prepare pipe sizing hydraulic analysis and prepare construction drawings for the proposed drainage system. and required lake Interconnects for the master drainage system. Plans will include the necessary drainage structure details, pipe sizes, elevations and specifications.

Coordinate with envlronmental consultant the submittal of the required wetland mitiqation information.		

Puget
ballbe & a sociutc	in·.

. .

NTERPHAS	ONE
D P • RMl'lTI  G PHASE

& ASSOCIATES
Gvil Engmoenng • Pbnmng • Sur<eymg

BALLBE

	
PAVING AND RELATED WORK
Prepare construction drawings for the on-site paving, grading system and related work.	

I	
	PAVEMENT MARKINGS AND SIGNAGE
Prepare construction drawings for he on-site pavement marking and signage.		
F.	SUA DEVELOPER AGREEMENT FOR WATER AND SEWER
Prepare application and exhibits required to process a Developer Agreement with SUA. Attend meetings with SUA staff if required. Assist Client with the execution of the agreement.		
	PERMITTING
Prepare plans, applications and exhibits and submit to the following permitting agencies for the purposes of obtaining the necessary approvals to construct the proposed infrastructure improvements:		
	Seacoast Utilities Authority
Palm Beach County Health Department
Palm Beach County ERM
City of Palm Beach Gardens
South Florida Water Management District		
H.	NPDES COMPLIANCE PHASE
Prepare a storm water pollution prevention plan and submit to the
F.D.E.P. for the purposes of obtaining a Notice of Intent Permit only. Contractor/Client shall be responsible for the implementation and monitoring/reporting of the construction activities.		
	SUB-TOTAL FINAL DESIGN AND PERMITTING PHASE=	$180,000.00	

ITOTAL SCOPE OF SERVICES •	I s1so,ooo.ool

Client 	

_ 

Consultant CJB

Page2
ballb·. & a	ociatc ', inc.

BALLBE

,

& ASSOCIATES

	CHANGE ORDER NO. 1 BETWEEN CLIENT AND CONSULTANT	

Client:	Mrs. Virginia Cepero
AVENIR COMMUNITY DEVELOPMENT DISTRICT
550 Biltmore Way, Suite 1110 Coral Gables. FL 33134	
Date:	
March 14, 2023	

Project Name:	AVENIR STORMWATER PUMP STATION ENGINEERING CONSTRUCTION
ADMINISTRATION SERVICES	
Project No:	201904 &
201905	

Dear Stuart:

Please find attached for your review and approval this Change Order provided by BALLBE &
ASSOCIATES, INC. ("Consultant") to AVENIR COMMUNITY DEVELOPMENT DISTRICT ("Client'') for the
Additional Services to the Proposal and Agreement Between Client and Consultant for Professional Consultant Services for the above referenced project.

The Scope of Services and corresponding fee amount is defined in the attached Exhibit "A". This Agreement sets forth the understanding of the arrangement between Client and Consultant and will be made part of the original Agreement.

Acceptance and Authorization to Proceed:

Consultant	BALLBE & ASSOCIATES, INC.	Client	A VENIR COMMUNITY DEVELOPMENT
DISTRICT

Signed

Signed

Co
'
2-	0 5.

This Supplemental Agreement and the attached Exhibit are hereby acknowledged and accepted, and we hereby grant authority to proceed. The undersigned is the authorized to execute this Agreement on behalf of Client.

Nome

Title	Carlos J. Ballbe, P.E.
President	Name

Title	
Date	May 15, 2022	Date	

ballbe · a sociate	inc.
broward • 2  3	northeast 301h plac , fort lauclerdale, florida 33306 • p-954-491-7 11

& ASSOCIATES

BALLBE
VE IR STORMW  TERP  MP TATIO
E  GI  EERI G  O	TR	TION ADM1 I TRATIO	ERVI  E	

EXHIBIT "A"

SCOPE OF SERVICES AND FEE PROPOSAL

BASIC SERVICES

The following is a further description of the basic professional engineering services and related work to be provided on a "Lump Sum" basis unless otherwise noted as "Hourly" which represents that payment for the services will be billed as the number of hours spent on the work and based on the fee schedule shown in Exhibit "B".

A.	ADDITIONAL ENGINEERING DURING CONSTRUCTION BY MOCK. ROOS & ASSOCIATES, INC.	
	
PLEASE SEE ATTACHED	
$50,000.00	
	BALLBE & ASSOCIATES ADMINISTRATIVE FEE (5%/	$2,500.00	

8.	BALLBE & ASSOCIATES, INC.	
	
Additional construction administration services provided due to delays on completing the work.	

$5,000.00	

	TOTAL SCOPE OF SERVICES CHANGE ORDER NO. 1 =	ss1,soo.oo	

Page J
baJlbc & a	ociatc	inc.

I Consultant CJB IClient 	 _

 MOCK•ROO
CONSULTING ENGINEERS
Proposal to Provide Professional Engineering Services f Avenir Stormwater Pump Station
Additional Engineering During Construction

Proiect Description:

Coo21.tz:-z.,h(li
'W/Gt,

Due to ongoing material and equipment delays (in excess of six months), the Contractor's construction contract was extended with final completion being in May 2023. Mock•Roos has continued to provide services throughout the extended period based on the originally approved budget. A budget extension is now necessary for Mock•Roos and its subconsultants to continue providing additional site observations, project coordination, processing pay applicational and performing project and permit closeout.

Mock•Roos will provide the additional services outlined below.

B, Scope of Services:

Mock•Roos will:

Attend construction meetings with the Construction Contractor, sub-contractors, sub­ consultants, and Owner's representative during the addltional construction period.
Review and respond to Construction Contractor's Requests for Information (RFls)
Review Construction Contractor-submitted pay applications. Provide review and payment recommendations for the pay applications.
Review Construction Contractor's record (as-built) drawings and material testing submittals to check for general conformance with the Contract Documents and the design intent.
	Provide a construction site representative to perform additional observations of the Construction Contractor's work and prepare field observation reports. Provide Engineer to review field observation reports and provide communication/coordination regarding findings noted in these reports.
Provide site visits by Project Engineer to review the construction progress.
Perform one substantial completion walk-through with the Construction Contractor, subconsultants, and the Owner. Prepare and distribute the EJCDC "substantial completion statement(s)" and associated punch list(s).
Perform one final completion walk-through with the Construction Contractor, sub­ consultants, and the Owner.
Provide services related to project construction and permit closeouts.
Continue providing the services of a structural subconsultant.

Mock, Roos & Associates, Inc.
5720 Corporate Way, West Palm Beach, Flortda 33407-2066, 561-683-3113, www.MockRoos.com
Page I of:!

Continue providing the services of an electrical subconsultant.

C. Fee and Rates:

-

The total fee to provide the Scope of Services outlined above is estimated at $50,000. Mock•Roos will complete the Scope of Services on ¥1 hourly basis. This increases the authorized amount from $197,210 to $247,210. V

	 C
D. Acceptance and Authorization to Proceed:

This proposal is acceptable and Mock•Roos has authorization to proceed with the Scope of Services upon Mock•Roos one executed copy of this proposal with an

Ballbe & Associates, Inc.	Mock, Roos

Signed:	 ,A :::::.	

Name: Carlos J. Ballbe, Title:	President

Signed:	
Name: Garry Gruber, P.E.
Title:  Senior Vice President

Date: 		Date:  March 14, 2023

Please return one signed original of this proposal to Mock•Roos.

F I_PROPOS>J.S\ball\C0024 ll . venor PS C""""'Cll"" PhastWpp l\l0ll0)14_A_., StOl1!1W&ltr PS_addl .. co CPS_C0024 ll doc.	Page 2 of2

CHANGE ORDERNO. 11 THRU 14

Date of Issuance:	July 14, 2023	Effective Date:	July 14, 2023

Owner:	Avenir Community	Owner's	N/A
Development District	Contract No.:
2501A Burns Road
Palm Beach Gardens, FL 33410

Contractor:	SPF UNDERGROUND UTILITIES, Contractor's	n/a
INC.	Project No.:
1220 s.w. Dyer Point  Road,
Palm City, FL34990

Engineer:	Ballbe & Associates, Inc.	Engineer's	202021
Project No.:

Project:	AVENIR SPINE ROAD PHASE4	Contract	Construction Contract FPL
Name:	Backbone System

The Contract is modified as follows upon execution of this Change Order: Description:
Install additional conduits and repairs, see attached descriptions.

Attachments:

Exhibit "A" - Change Order by SPF UNDERGROUND UTILITIES, INC.

CHANGE IN CONTRACT PRICE

Original Contract Price:
.$275,000.00	CHANGE IN CONTRACT TIMES

Original Contract Times: Refer to contract Exhlblt "E"	

[Increase]  Dern ase form previously approved Change Orders No._Q_to No	lQ_:

$180,441.00	
[Increase] [Decrease] form previously approved Change Orders No._	to No._:
None	

Page 1	o,,,1cr 	_

Contract Price prior to this Change Order:
$455,441.00	
Contract Tlmes prior to this Change Order: Refer to contract Exhibit "E"	

[Increase] [Deerease] of this Change Order
$62,183.79	
[Increase] [Decrease] of this Change Order None	

Contract Price incorporating this Change Order:
$517,624.79	
Contract Tlmes with all the approved Change Orders:
None	

RECOMMENDED:

By: 	 --,-_ Ballbe & Associates, Inc.
Carlos J, Ballbe President

Date: 7/14/2023	
ACCEPTED:

By	­
Avenir Community Development District

Date: 	 _	
ACCEPTED:

By: 	_
SPF Underground Utilities, Inc, Scott Fruggiero
Vice President

Date: 	 _	

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

Page 2

Contract Price prior to this Change Order:
$455,441.00	
Contract Times prlor to this Change Order: Refer to contract Exhibit "E"	

[Increase]  QecFease] of this Change Order
$62,183.79	
[Increase] [Decrease] of this Change Order None	

Contract Price incorporating this Change Order:
$517,624.79	
Contract Times with all the approved Change Orders:
None	

RECOMMENDED:

By:

Ballbe & Associates, Inc. Carlos J. Ballbe President

Date: 7/14/2023	
ACCEPTED:	
ACCEPTED:	
	i-Jm.Ll  (::!::.''_fn.'q,5:;,::.¥..,..._ou_n_d_Ut-il-it-ie_s_, ,-n-c.-
District	Scott Fruggiero
pff3	Vice President
Date 	 		I  3
Date	/  /'I..,'( Ji) ;)-	

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

Page 2

EXHIBIT "A"

Page3
wuer  _

1772-263-0 I02
Iscott.spfunderground@gmail.com

I

-- I,

...

I

ro
#ll

-
A enir

,

Avcnir Community
D velopmcnt District

Name / Address

Attn:

Pr- Underground Utililities, Inc. 1220	W Dyer Point Rd
Palm City FL 34990

Change Order Request

Date	Change Order#	
6/9/2023	1111	

Description	
Qty	
Rate	
Total	
Avcnier EXTRA

Trench nnd backfill at entrance (Coconut for meter FPL Fountnin a directed
Includes machine In. tall 2' conduit	

500

500	

12.00

2.00	

6,000.00

J,000.00	

Total	$7.000.00

1772-263-0102

sco11.spfunderground, gmail.com

 -- I...	

CO

Pmjecl

#12

A enir

_

I

Avcnir Community Development District

Name / Address

Attn:

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

Jnc.	Change Order Request

Date	Change Order#	
6/19/2023	#12	

Description	Qty		Rate	Total	
A enier EXTRA Panther  utional					
Trench and backfill for FPL and Comcast		700	12.00	8.400.00	
Install 2-6" conduit for FPL 1400 fl		I 400	3.50	4,900.00	
In tall 2-2" conduit for Comcast 1400 fl		1,400	2.00	2,800.00	
Purchase 2" for comcast 1400 fl		1,400	6.60	9,240.00	
Install (I) plice box		I	1,025.00	1,025.00	
Trench and back fill for power 10 streetlights (opposite ide of		700	12.00	8,400.00	
street)					
In tall 1-2" condttil for ireetlight		700	2.00	1,400.00	
urvey		I	2,000.00	2,000.00	
Equipment to complete job (skid steer and Exavator 140)		I	7,939.49	7,939.49	

Total	$46,104.49

PF

PF Underground Utililities, Inc.
1220 SW Dyer Point Rd
-11111111 Palm City, FL 34990

1772-263-0102
I co11.spf"underground  gmail.com	I

Change Order Request

Date	Change Order #	
6/21/2023	#13	

Avenir ommunity De clopmenl Di tric\

Name I Address

I

	CO	Pmject	

Attn:

r---------r	#13--.1--

A-vcnir	'

Total

2,659.65

Description	Qty	Rate	
Total	
Avcnier EXTRA pine Road 4 1ree11ight added

Trench and backfill for power to treer Light
(2) 8' missile bores under cart path

Equipment 10 complc1e mini ex nvator, air comprc:s or, truck)	
so
16

I	

12.00
20.00

1,379.65	

960.00
320.00

I 379.65	

PF	nderground Utililities 1220 SW Dy r Point Rd Palm City FL 34990

Inc.	Change Order Request

Date	Change Order#	
6/30/2023	#14	

1772-263-0102

Name I Address

Iscott. pfunderground c grnail.com	I

Avenir Community De elopmcnl Di 'Lricl

I

CO	Projeci

,------,----------,1.  14	.
Attn:	Keith O'Brien

cnir

Description	Qty	Rate	Total	
A cnir

(3) street light conduit repairs under side\ alks a directed by Keith O'brien
3 men, 8 hrs	Exposed and repaired

quipmcnt to complete lrnini e cavator, air compressor, truck)	

24

I	

210,00

1,379.65	

5,040.00

1,379.65	

Total	$6,419.65

CHANGE ORDER NO. 2

Date of Issuance:	November 21, 2022		Effective Date:	November 21, 2022	
Owner:	Avenlr Community		Owner's	N/A	
	Development District		Contract No.:		
	2501A Burns Road
Palm	Beach	Gardens,	FL			
	33410				

Contractor:	J.W. Cheatham, LLC	Contractor's	220010 7396 Westport Place,	 Project No.:
West Palm Beach, FL 33413

Engineer:

Project:

HSQ Group, Inc.
1001 Yamato Road, Suite 105 Boca Raton, FL 33431

Northlake Blvd Phase 2 •
From East of Avenlr Dr to West of SR7

Engineer's Project No.:

Contract Name:

180437

Construction Contract (Roadway Improvements)

The Contract is modified as follows upon execution of this Change Order: Description:	•Northla'ke Blvd. and Avenlr Entrance Sfgnallzatlon

Attachments:
J.W. Cheatham, LLC change order request dated 11/17/2022

CHANGE IN CONTRACT PRICE

Original Contract Price:
$4,173,882.11	CHANGE IN CONTRACT TIMES

Original Contract Times:
Total Contract Days: 450 days
Start Date: 9/12/2022	End Date: 12/6/2023	
		
[Increase] [Decrease) form previously approved	 [Increase] [Decreasej form previously approved Change Orders No._Q_to No. _1 _:	Change Orders No.JL to No. _1_:
$62,667.84	28 Days

Page 1

Owner---	Contractor

Contract Price prior to this Change Order:
$4,236,549.95

Contract Times prior to this Change Order: Total Contract Days: 478 days
Start Date: 9/12/2022	End Date: 1/3/2024

[Increase] fCe&Fease) of this Change Order
$843,285.80

[Increase] ESeeFeaseJ of this Change Order 0 Days

Contract Price Incorporating this Change Order:
$5,079,835.75

Contract Times with all the approved Change Orders: Total Contract Days: 478 days
Start Date: 9/12/2022	End Date: 1/3/2024

RECOMMENDED BY:

By:t:!=.	tf::.. -­
E GIN
HSQ G oup, Inc.
1001 Yamato Road, Suite 105
Boca Raton, FL 33431

ACCEPTED:

Virginia Cepero Chairperson

ACCEPTED:

By:	/
CONTRACTOR:
J.W. Cheatham, LLC 7396 Westport Place,
West Palm Beach, FL 33413

Date:	I I ,/2 I jU!JTZ.

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

SIGNALIZATION ITEMS IN THIS C.O. DO NOT MATCH QUANTITIES IN APPROVED SET OF PLANS . REFER TO TOQ FOR SIGNALIZATION UNDERGROUD AND ABOVE GROUND

Page 2

J.W. EATHA LLC

Road Building & Earthmoving Contractors

Avenir Development LLC
c/o Ballbe and Associates, Inc.
2727 NE 30th Place
Pt. Lauderdale, FL 33306
Attn:	Tanya McConnell, P.E.

Ref:	Northlake Blvd. and Avenir Entrance Signalization Dear Ms. McConnel:
As per your request I submit the attached proposal.
Qualifications to this proposal are as follows:
Permits are not included.
Mobilization includes survey and testing,
Thermoplastic striping is for intersection only (i.e. crosswalks, stop bars, etc.)
Signs are not included.
FPL connection fee is included. (riser, handhole, meter can and tap only)
Relocation or adjustment of existing utilities is not included (i.e. light poles, CATV I phone, FPL, etc.)
	Water Main Relocation Bid Item 6 can be deducted from contract if line stops are not used. However, there may be additional costs for vacuum trucks to remove any liquid/debris from line.
No item unless specifically stated.
All work in accordance with plans entitled:
"Northlake Blvd (Entrance at Avenir) Signalization Phase l Plans", by HSQ Group Inc., dated
8/19/2022, pages T-1 thru T-4.
"Northlake Blvd (Entrance at Avenir) Phase 2 Signalization Plans", by HSQ Group Inc., dated
8/19/2022, pages T-1 thru T-6
"Water Main and Forcemain Deflection Plan", by Ballbe and Associates, dated 4/21/2022, pages
7 and 7A.
l 0. Bid price is good for thirty (30) days.
Thank you for the opportunity to submit this proposal and pleas-ecall me with any questions. Sincerely,
J. W. Cheatham, LLC
.-.--	£IA.A
lo thu-rg'"'l
President
7396 Westport Place West PHlm Beach, FL 33413 Phone: (561) 471-4100	Fnx: (561) 471-8348 Page I of I

Northlake Blvd. Entrance at Avenlr Signalization

Item#
I

lllm Ducrlptlon	Quantity Unit

ROArN/A,Y

Unit Prlc1

Tottl

Moblll11llon
MOT
Concr11t l Asphalt RemoYII
Guardrall RamOYII
s	GradlM
6	Ro1dw1v Roa.Ir
7	1" MIiiin■
8	1" SP 9.5 Asphalt
9	4" Concrete Sldewalk
10	TVP• f Curb
11	H.C O.tectabl• Surf1c•
12	Thermoolutlc 5trioln1
13	Parde! End Anchor
14	Misc Asohllt
15	Sod Allowance

1.00
1.00
1.00
1.00
1.00
1.00
356.00
356.00
130.00
200.00
3.00
1.00
1.00
3
l

lS  $ 127000.00
LS  S 47 700.00
u  $  3 750.00
lS  $  2000.00
LS  $  7,500.00
lS  $ 14 300.00
SY  $	14.00
SY  s	28.55
SY  $	100,00
lF  $	S0.00
EA $	500.00
LS  $  4,200.00
EA $	5 610.00
TN  $	500,00
LS  $  5,000.00

$ 127,000.00
$ 47700.00
$  3 750.00
$  2 000.00
$  7,500.00
$ 14,300.00
$  4 914.00
$ 10,163.80
$ 13,000.00
$ 10000,00
$  1 500.00
$  4 200.00
$  S 610.00
$  1,500.00
$  5,000.00

l	Remove hist. F.M
2	10" Cl 350 OlP P401
3	10" MJ 45 P401
4	10" MJ 22-1/2 P401
Connect to Exlltl1111 F.M
10• UnestoP
Blow Off Assm.

W1tff Main RI OCltlon
57.00
61.00
2.00
2.00
2.00
1.00
1.00

LF  $	132.00
Lf  s	462.00
EA  $  2,200.00
EA  $  2,200.00
EA  $  3 520.00
EA $ 15 950.00
EA  $  2.530,00

Sub Total:

$  7,524.00
$ 28182.00
$  4,400,00
$  4,400.00
$  7,040.00
$ 31900.00
$  2,530.00

SubT011lt

$ 2sa 201.ao

$  85,976.00

S11n11lzItlon
CONDUIT FURNISH & INSTALL, OPEN TRENCH -1	115.000  LF  $	21.50  $  2,472.50
CONDUIT, FURNISH & INSTALL, OPEN TRENCH ·2	50.000	LF  $	27.50 $  1375.00
CONDUIT, FURNISH & INSTALL DIRECTIONAL SORE -4	245.000  LF  $	37.50 $  9,187.50
CONDUIT, FURNISH l lNSTALl. DIRECTIONAL BORE •S	200.000  LF  $	43.00 $  1600.00
s	CONDUIT FURNISH & INSTALL, DIRECTIONAL BORE •7	180.000	LF  $	ss.oo $  9""'1,00
6	PULL BOX, F&! Ull24 & 17x30k12	17.000	EA  $  1,980.00 s 33,660.00
STEEL MAST ARM, 60', fOUNOATINO ONLY	1.000	EA s 30,300.00 $ 30 300.00
STEEL MAST ARM, 70', FOUNDATION ONLY	1.000	EA s 31,200,00 s 31,200.00
STEEL MAST ARM 78', FOUNDATION ONLY	1.000	EA  $ 31625.00 s 31,625.00
10	CBL, SIG, f&I 4C	1.000	Pl  s 2 940,00 s 2 940.00
11	CBl. SIG. F&I 7C	1.000	Pl  s 3,930.00 $  3,930.00
l2	CBL,SIG, FURNISH& INSTALL	l.000	Pl  s 10,480.00 $ 10:480.00
13	ELECTRICALPOWER SERVICE, F&I, UNDERGROUND, METER	1.000	AS  s 2125.00 $  2.125.00
14	EtCTRCL SRVC WIRE	230.000  LF  $	5.3D $  1,219.00
ELCTRCL SRVC DISCONNECTF&l(POLE MT	1.000	EA $	539.00  $ .-M!J;OO
PRRESSED CONC POL, FIi, TYP P•II SER POL	1.000	EA  $  1 7M.IIII" 5  1,70S.OO

19	STEEL MAST ARM, SINGLE ARM 70'	1.000	EA	$ 61,000.00	
20	STEEL MAST ARM, SINGLE ARM 78'-	1.000	EA	$ 70,25D.00	

ALUMINUM SIGNALSPOLE, PEDESTAL	4.000	EA..	2,772.00 s 11,088.00

--- -

HEAVY DUTY I

STEEL MAST ARM, SINGLE ARM 60'

----

Ulllll'"'

EA s

51,500.00

s 51500.00

TRAFFIC SIGNAL F&I, 3 SECT, l WAY ALU
TRAFFIC SIGNAL,F& 5 SECT CLUSTER, l WAY, ALU
PED SIG, F&l, LEO· COUNT DOWN, 1 DIR
PEDESTRIAN DETECTOR, FURNISH & INSTALL, STANDARD
lOOP DETECTOR, TYPE 3
LOOP DETECTOR, TYPE 5
LOOP DETECTOR, TYPE 7

u.ooo EA 1:000	EA
4.000	AS
4.000	EA
4.000	EA
1.000	EA
2.000	EA

$  1610.00
s 2,320.00
s 1,010.00
s	308.00
s	572.00
s	572.00
$	572.llD-

s 61,000.00
s 70,250.00
s 17,710.00
s 2,320.00
s 4,040.00
$  1 232.00
$  2,288.00
s	5ll.M
1,144,00

'(TYPE 6) NAZTEC I

LOOP ASMBLYF&IITYPEFl 6'X26'

6.000	AS .080.00

s 12,480.00

LOOPASMBLYF&l(TYPEFl 6'X40'
TRAFFIC CONTROLLER ASSEMBLY, F&I, HEMA
SIGN PANEL, FURNISH & INSTALL OVERHEADMOUNT,
INT£RNALLYILLUMINATED SIGN, FURNISH & INSTALL,UP

6...Dllfl""' AS
1,000	AS
2.000	EA
3,000	EA

$  2,080.00
$ 45,600.00
$	980.00
$  4,610.00

s 12;480.00
s 45,600.00
s 1,960.00
s 13,830.00
Sub Total:

s 490,752.00

80NO
1	Conuruction Bond	1.00  LS  $  8,350.00 s 8,350.00
Sub Tot I:	s	8,350.00
Grand Total:  s ao 2as.ao

NCNfl -SHeHADEH, PE
,i -,., ;,,a ilJtJ,

ISIGNALIZATION

TABULATION OJ	
PAY ITEM NO.	
DESCRIPTION	
UNIT		
			T-5	
			PLAN	FINAL	
102-1-A	MAINTENANCE OF TRAFFIC	HR	8		
					
630-2-/1·/	CONDUIT, FURNISH & INSTALL. OPEN TRENCH	LF	35		
					
630-2-11-2	CONDUIT, FURNISH & INSTALL. OPEN TRENCH	LF	70		
					
630-2-12-2-1	CONDUIT /F&IJ (DIRECTIONAL BORE)	LF	70		
					
630-2-12-2-2	CONDUIT /F&I) (DIRECTIONAL BORE) ITS	LF	180		
					
630-2-12-2-3	CONDUIT (F&I) (DIRECTIONAL BORE)	LF	95		
					
630-2-12-2-6	CONDUIT (F&I} (DIRECTIONAL BORE)	LF	150		
					
630-2-12-2-7	CONDUIT (F&I) (DIRECTIONAL BORE)	LF	380		
					
635-2-12-A	PULL BOX, F&I. (17"x30"x/2" DJ HEAVY DUTY COVER (TIER 15)	EA	20		
					
635-2-12-C	PULL BOX, F&I, (30"x48"x24" DJ HEAVY DUTY COVER ( ITS} (TIER 15)	EA	I		
					
635-2-12-0	PULL BOX, F&I, (17"x30'x24' OJ HEAVY DUTY COVER (ITS)(TIER 15)	EA	I		
					
649-21-XX	STEEL MAST ARM ASSEMBLY	FURNISH ANO INSTALL, SINGLE ARM 60'	EA	I		
	FOUNDATION ONLY IN PHASE I				
					
649-21-XX	STEEL MAST ARM ASSEMBLY. FURN/SH AND INSTALL	SINGLE ARM 70'	EA	I		
	FOUNDATION ONLY IN PHASE I				
					
649-21-XX	STEEL MAST ARM ASSEMBLY , FURN/SH AND INSTALL, SINGLE AR/.1 7B'(HEAVY DUTY)	EA	1		
	FOUNDATION ONLY IN PHASE 1				
					
S20-1-10	CONCRETE CURB AND GUTTER TYPE F	LF	288		
					
522-1-1	SIDEWALK CONCRETE . 4" THICK	SY	251		
					
536-J-1	GUARDRAIL ROADWAY. GENERAL TL-3	LF	40		
					
536-85-24	GUARDRAIL END TREATMENT· PARALLEL APPROACH TERMINAL	EA	I		
					
700-l-ll	SINGLE POST SIGN. F&J, GROUND MOUNT. UP TO 12 SF	EA	2		

					

NOTE: 649-21-XX,	INSTALL FOUNDATION ONLY. BOLTS MUST BE SAFELY CAPPED WHEN FINISHED.

HSQ GROUP, LLC.
Engineers · Planners · Surveyors
1001 Yamato Road, Suite 105
8QCa Ra\On, Flori<fe 33431 · 561.392.0221 C26256 • l87924

No.	Revisions	By	Date	

_)	

ISIGNALIZATION A
			
TABULATION	
OF	
PAY
ITEM NO.	
DESCR I PT/ON	
UNIT		
			T-4	
			PLAN	FINA	
102-1-A	MAINTENANCE OF TRAFFIC	HR	16		
					
632-7-J-4A	CONDUCTOR CABLE (4)	Pl	1		
					
632-7-1-lA	CONDUCTOR CABLE (7)	Pl	1		
					
63l-7-l-19G	SIGNAL CABLE-NEW OR RECONSTRUCTED INTERSECTION, FURNISH & INSTALL	Pl	1		
					
639-1-121	ELECTRICAL POV/ER SERVICE UNDERGROUND WITH METER BASE	EA	l		
					
639-2-1	ELECTRICAL SERVICE WIRE	LF	230		
					
639-3-11	(,,)	ELECTRICAL SERVICE DISCONNECT	EA	I		
					
641-2-Jl-12	PRESTRESSED CONCRETE POLE (12'} TYPE P-11	EA	I		
					
646-1-11	ALUMINUM SIGNALS POLE, PEDESTAL	EA	4		
					
649-ll-JO	STEEL MAST ARM ASSEMBLY , FURNISH MD INSTALL, SINGLE ARM 60'	EA	1		
					
649-U-15	STEEL MAST ARM ASSEMBLY	FURNISH AND INSTALL . SINGLE ARM 70'	EA	1		
					
649-ll-21	STEEL MAST ARM ASSEMBLY	FURNISH MD INSTALL, SINGLE ARM 78', HEAVY DUTY	EA	1		
					
650-1-13	TRAFFIC SIGNAL, F&I' 3 SECTION, I WAY	AS	9		
					
650-1-14	TRAFFIC SIGNAL, F&I, 4 SECTION, 1 WAY, FY	AS	2		
					
650-1-15	TRAFFIC SIGNAL. F&I, 5 SECTION CLUSTER, 1 WAY	AS	I		
					
653-191	PEDESTRIAN SIGNAL, FURNISH & INSTALL. LED COUNTDO.VN, 1 WAY	AS	4		
					
660-2-106-B	LOOP ASSEMBLY (TYPE F-46'), (F & I}	EA	12		
					
665-1-11	PEDESTRIAN DETECTOR, FURNISH & INSTALL, STANDARD	EA	4		
					
670-5-110-B	TRAFFIC CONTROLLER ASSEMBLY,(TYPE 6) NAZTEC	AS	1		
					
700-3-201	SIGN PANEL. FURNISH & INSTALL OVERHEAD MOUNT, UP TO 12 SF	EA	2		
					
700-5-21	INTERNALLY ILLUMINATED SIGN, FURNISH & INSTALL, OVERHEAD MOUNT, 12-18 SF	EA	3		
					
700-1-60	SINGLE POST SIGN, REMOVE	AS	2		
					
711- 111-23	THERMOPLASTIC, WHITE, SOLID FOR STOP LINE AND CROSSWALK. 12·	LF	492		
					
711· 111 -25	THERMOPLASTIC, WHITE, SOLID FOR STOP LINE AND CROSSWALK, 24"	LF	75		
					
711-111-41	THERMOPLASTIC, WHITE, GUIDELINE. 6" (2/4)	GM	0.027		
					
711-112-41	THERMOPLASTIC, YELLOW, GUIDELINE, 6" (2/4)	GM	0.028		

					
(•) 639-3-11 SHALL INCLUDE THE COST OF ANY SPECIAL FPL METER REOUIREMENTS

HSQ  GROUP, LLC.
Engineers · Planners · Surveyors
1001 Yamato Road, SullB 105
Boca Ralon, Florida 33431 · 56 .392,022 C26258 • LB7924

5•al

AOU'R SHEH..OE . PE
Ii lf"I ,,,0 ,1,01

No.	Rcv1s1ons	By	Date	

CHANGE ORDER NO.	3

Date of Issuance:	June 14, 2023		Effective Date:	June 14, 2023	
owner:	Avenir Community Development District		Owner's Contract No.:	N/A	
	2501A Burns Road				
	Palm	Beach	Gardens,	FL			
	33410				

Contractor:		J.W. Cheatham, 'LLC	 Contractor's	220010 7396 Westport Place,	Project No,;
West Palm Beach, FL 33413

Engineer:

Project:

HSQ Group, Inc.
1001 Yamato Road, Suite 106 Boca Raton, FL 33431

Northlake Blvd Phase 2 -
From East of Avenir Dr to West of SR7

Engineer's Project No.:

Contract Name:

180437

Construction Contract (Roadway Improvements)

The Contract ls modified as follows upon execution of this Change Order:

Description:	Northlake Blvd. Ph. 2 Watermain Deflection
Northlake Blvd. Ph. 2 Signal Changes/Upgrades

Attachments:
J.W. Cheatham, LLC change orderrequest forWatermaln Deflection dated 6/14/2023
*J.W. Cheatham, LLC change order request for Signal Changes/Upgrades dated 5/12/2023

CHANGE IN CONTRACT PRICE

Original Contract Price:
$4,173,882.11	CHANGE IN CONTRACT TIMES

Original Contract Times:
Total Contract Days: 450 days
Start Date: 9/12/2022	End Date: 12/6/2023	

[Increase] (QeeFeasej form previously approved Change Orders No._Q_to No. _2_:
$905,953.64	
[Increase] !Deereasej form previously approved Change Orders No._Q_ to No.2:
28 Days	

Page 1
Owner  	_	Conlractor_ff!

Contract Price prior to this Change Order:
$5,079,835.75	
Contract Times prior to this Change Order: Total Contract Days: 478 days
Start Date: 9/12/2022	End Date: 1/3/2024	

[Increase] (Qeer-easeJ of this Change Order
$272,745.80	
[Increase] jQaarease of this Change Order 0Days	

Contract Price Incorporating this Change Order:
$5,352,581.55	
Contract Times with all the approved Change Orders: Total Contract Days: 478 days
Start Date: 9/12/2022	End Date: 1/3/2024	

RECOMMENDED BY:	
ACCEPTED:

By:	 _ Avenlr Community Development District
Virginia Cepero
Chairperson

Date: 	 _	
ACCEPTED:	

By:-+---H,"""1""-"-i--­		By: -zz;..., I	
ENGINE HSQ GI'  p, Inc.		CONTRACTOR:
J.W. Cheatham, LLC	
1001 Yamato Road, Suite 105		7396 Westport Place,	
Boca Raton, FL 33431		West Palm Beach, FL 33413	
Date: cPf ,/ioi.:J		Date: C;jG/1.oz3	

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

Page 2

Avertlr Community Development District 2501A Burns Road
Palm B_each Gardens. FL 33410
Attn:	 Tanya Mc onnell, P.E. Ref:	Northlake Blvd Phase 2
Wl\termain Deflection

Dear Ms. McConnell:

Road Building &
Earthmoving Contractors

I submit the follo..iing change order request for deflecting the 16" watermain near the fire station turn lane at the above referenced project.

Mobilization	I LS	@	$13,975.00	/LS	$13,975.00	
Survey/Record Drawings/f esting	I LS	@	$4,000.00	/LS	$4,000.00	
MOT	1 LS	@	$5,157.80	/LS	$5,157.80	
Asphalt Removal p:	I LS	@	$1,000.00	/LS	$1,000.00	
Earthwork	I LS	@	$5,000.00	/LS	$5,000.00	
Optional Base Group 13	225 SY	@	$28.50	/SY	$6,412.50	
Type SP Structural Course (I .S")(Traffic Level C)	19 TN	@	$110.00	/IN	$2,090.00	
Asphaltic Concrete Friction Course FC-9.5(l11)	13 TN	@	$145.50	/rN	$1,891.50	
Concrete Pipe Culvert	l811	85 LF	@	$193.00	/LF	$16,405.00	
Connect to Existing"'water Main	2	EA	@	$4,400.00	/EA	$8,800.00	
16"CL51 Ductile ?ton Pipe	273	LF	@	$275.00	/LF	$75,075.00	
1611MJ Gate Valve	2	EA	@	$13,200.00	/EA	$26,400.00	
1611MJ 45	2	EA	@	$3,520.00	/EA	$7,040.00	
16"Single Line Stop	2	EA	@	$18,150.00	/EA	$36,300.00	
16" Joint Restraints.on Existing	8	EA	@	$4,400.00	/EA	$35,200.00	
Remove & Dispose Existing1611 WM	256	LF	@	$22.00	/LF	$5,632.00	
Sample Point	•		EA	@	$2,200.00	/EA	$2,200.00	
Fire Hydrant Sample Point		EA	@	$825.00	/EA	$825.00	
Sample Point with Jumper (Includes Pigging							

Procedure)

...

EA	@	$11,000.00 /EA	 $11,000.00	

...	TOTAL:	$264,403.80
7396 Westport Place West Palm Beach, FL 33413 Phone: (561) 471-4100	Fax: (561) 471-8348 Page I ofl

Road Building &
Earthmoving Contractors

Qualifications: • :
1. Permits are not included.
2, Additional cost for bond rider is not included.
Adjustment, supp01t, and/or protection of existing utilities is not included.
Restoration of Fire Station traffic loops are not included.
No item included unless specifically stated.
	All work,.is in accordance with plans labeled ''No1thlake Blvd (Phase II) ( l 000 Feet West of Bay Hill Drive to West of SR7)- Water Main Deflection Plans" by HSQ Group, Inc. Dated 1/23/2023. Consisting of7 sheets.
7, Bid price is good for 30 days.

Your timely revi.e.'t'/ and approval is requested.

Thank you,

.	-

J.W.Cheaah .,	LC
ChL.:
Eddie Giles	..•
Project Manager.

-

7396 Westport Place  West Palm Be11ch1 FL 33413	Phone: (561) 471-4100	Fax: (561) 471-8348
Page 2 of2

J W. EATHA LLC

Road Building &
Earthmoving Contractors

Avenir Community Development District 2501A Burns Road
Palm Beach Gardens, FL 33410 Attn:	Tanya Mc onnell, P.E.
Ref:	Northlake Blvd Phase 2
Signal Changes and/or Upgrades

Dear Ms. McConnell:

As requested I sub1nit the following change order request for signal changes and/or upgrades at the above referenced proje.t.
Surcharge to upgrade to Polara Bulldogs Pedestrian

Detectors
Surcharge to upgrade from Vantage Edge to	LS	@	$432.00	/LS	$432.00	
Vantage Next Video Detection	1 LS	@	$4,950.00	/LS	$4,950.00	
11luminated Sign Paces, F&I	l LS	@	$2,960.00	/LS	  $2,960.00	

•
TOTAL:	$8,342,00

Qualifications:
Additional cost for bond 1ider is not included.
Surcharges on products are per Palm Beach County's request for newer models/changes. Originally submitted signal items became obsolete due to Palm Beach County's long review time:
No item inpluded unless specifically stated.
Bid price ii good for 30 days,

Your timely revi{w and approval is requested. Thank you,
J.W. Cheatham, L1C
E e
Project Manager.
7396-Westport Place West Palm Belich, FL 33413	Phone: (561) 471-4100	Fox: (561) 471-8348 Page 1 of J

CONSIDER APPROVAL OF H&J CO #1 (TOWN CENTER BYPASS ROAD)

TO BE DISTRIBUTED UNDER SEPARATE COVER

SMALL PROJECT AGREEMENT

(Coconut Blvd Entry Feature r- Steel Domes Installation)
,J
THIS SMALL PROJEC	AGREEMENT is .made and entered into this 1,_ day of
Au.e,v..&z1 . 2023, by and between:
AVENIR COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpo e government established pursuant to Chapter 190, .Florida Statute , located in the City of Palm Beach Gardens, Palm Beach County, Florida, and with offices at 2501A Burn Road, Palm Beach Gardens, Florida 33410 (the "District"},

and

BISON STEEL, LLC., a Florida limited liability company, d/b/a AAA STEEL FABRICATORS, whose principal address is 1669 SW 45th Way, Deerfield Beach, Florida 33442, and whose mailing adch-ess is 14624 Bubbling Spring Road, Botyds Maryland 20841 (the "Contractor'').

RECITALS

WHE AS, the District is a local unit of special purpose government established put·suant to and governed by Chapter 190, Florida Statutes; and

WHEREAS, the Di trict desires to have furnished and installed steel dome and associated work on two (2) newly constructed entry features located within the boundaries of the District (collectively, the "Project"}, in accordance with the Pem1it Set, dated August 23 20221 and prepared by Randall Stofft Architects which Pennit Set is incorporated herein by reference and made a pa1t hereof as Exhibit A (the '1Project Specifications"); and

WIIEREA , the Project i.s more particularly described in Contractor's proposal number 22009.010, dated February 9, 2023, attached hereto and made a part hereof as Exhibit B (the "Proposal"); and

WH • REAS, the Board of Supervisors of the Dishict ha authorized the proper District officials to enter into this Agreement with Contractor authmizing completion of th Project in accordance with the Project Specifications and in accordance with this Agreement; and

WHEREAS, Contractor represents that it is qualified and po sesses the necessary equipment, skill, labor1 licenses, at1d experience to perfonn and complete the Project.

Now, THEREFORE, in consideration of the recitals, agreeme11ts1 and mutual covenant contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties ag1·ee as follows:

l
CocoJ\ut Blvd £i1tcy Feature Steel Domes
Rev, 07-02-2023

SECTIO 1. RECITAL • The recitals so stated are trne and correct and by this reference are incorporated, inclusive of the above referenced exhibits, into and fonn a material part of this Agreement.
SECTION 2. DUTIES.

The duties, obligations; and responsibilities of the Contractor are those as more pa1ticularly descdbed in this Agreement and the exhibits attached hereto and incorporated herein.

The Project shall be perfo11ned in accordance with this Agreement. the Proposal, and Project Specifications;

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligation and responsibilities are met in accordance with this Agreement and industry standards.
Contractor shall report to the District Manager or his or her designee.
Contractor shall fumish all mate1ials, supplies, machines1 equipment, tools, superintendents, labor, insurance, bonds, maiutenance of traffic, and other accessorie and services necessa1y to complete said Project in accordance herewith and with the conditions and prices as stated herein, in the Proposal.

Contractor shall furnish all tools, equipment, materials and supplies necessary to do all the,work associated with the Project in a substantial and w dananlike manner.
Contractor shall perform all the work and labor pursuant to this Agreement and as necessa1y to complete the Project.
G, Conttactor shall remove and clean up all rubbish, debris, excess material, tools and equipment from streets, rights-of-way, alleys, parkways, swales, facilities, stormwatel' management areas, and adjacent property in connection with the Project and Contractor's performance of this Agreement.

Contractor will be held and shall be responsible for the care, protection and condition of all work until final completion and acceptance thereof and will be requited to make good at his own co t any d;:image or injwy occurring froin any cause resulting from Contractor s acts or omissions or the acts or omissions of its subcontractors or suppliers.

With respect to securing the building and other pennits associated with the Project, Contractor shall submit, and follow up on through issuance, all neces ary permit applications associated with the Project. District agrees to work with Contractor and to timely provide to Conh·actor, upon request, with alt information and required signatures required to such p 11nit applications.

SECTIO 3. CoMPENSATIO , District agtee.s to compensate the Contractor for the Project in the total amount of ONE HUNDRED SEVENTY - SEVEN THOUSAND SEVEN HU.NORED
SEVENTY AND 00/100 ($177,770.00) DOLLARS (the "Contract Amount''). District shall pay

2
Coconut Blvd Enlty Feature
Steel Domes
Rev. 07 02-2023

Contt·actor twe ty-five percent (25%) oftbe Contract Amount which amounts to $44,442.50 upon execution of this Agreement The parties a2ree that a mutual payment draw schedule will be produced before the Project commences. Payment of the Final Payment of the Contract Amount will be made upon completion of the work necessal)' to complete the Project, al1 work under the Project has been performed, and after the Project has passed final inspection by the District and any other applicable permitting agencies. Payment for any Additional Costs or Exti:a Work associated with the con tmction and installation of the Project shall be made upon completion of such additional work and upon District's receipt and review of sufficient supporting documentation for such items, provided such Additional Work ha first been authorized in writing by the District or the District Manage1' of the District. Invoices shall be generated from the Contractor, addressed to the Di trict, and delivered to the Dish·ict so that payment can be made
in accordance with the agreed upon payment draw schedule as indicated above,

Wit11 each invoice the Contractor hall submit conditional waivers and releases of lien from itself and its sub-conh:actors identifying the portion of the invoice that con-espond to each. The District will issue joint checks payable to the Contractor and any subcontractor(s) for the pottion(s) of the invoice(s) that coerespond to the subcontractor(s), if necessary and appropriate in the determination of the District.

SECTION 4. EXAMlNATION OF SITE. TI1e Contractor agt:ees that it shall be held responsible for having examined the site(s), the location of all proposed work associated with the Prnject and has satisfied himself from his own personal knowledge and experience or professional advice as to the character, condition, location of the site, its gas facilities, its electric fac'litie• and other conditions sun·ounding and affecting the Project, and any physical characteristics of the job, in order that all costs pe11aining to the Project have been included in the Contract Amount.

SECTIO 5, I DEPENDE T CONTRACTOR. This Agreement does not create an employee/employer relationship betwee:n the parties. It is the intent of the parties that the Contractor is an independent contractor under thi Agreement and not the District's employee fo1·all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and ove1iime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the ptovis'ons of the Intemal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The Contractor shall retain sole and absolutediscretion in the judgment of the manner and means of carrying out ContJ.•actor's activities and re pon 'bilities hereunder provided, further that administrative procedures applicable to seivices rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with District, or other government policies, rule ortegulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separ-ate and llldependent enterprise from the Distlict, that it has full opportunity to find other business, that it has made it own investment in it busine , and that it will utilize a high level of skill necessary to perfonn the work. This Agreement shall not be .construed as creating any joint employment relationship between the ConM1.cto1· and the District and the District will not be liable for any obligation incuned by Contractor, including but not limited to unpaid minimum wages and/or overtime pi·emiums,
s CTION 6. TERM AND TIME OF PERFORMANC • This Agreement shall commence upon signature and shall continue until the scope of work for the Pl'Oject as described in this Agreement is completed. The Project shall be completed in an expeditious and regular manner, without
3
Coconut Blvd Entry Feature

intenuption, to limit the inconvenience to the residents of Avenit and the general public utilizing the District's facilities and improvements. The District shall provide the Contractor with all schedules of worl<: and with any other information necessary for the prompt completion of the Project. Additional Work may be added to this Agreement through the approval of an amendment to this Agreement, providing for a description of the additional work, the compensation to be paid to the Contractor, such Additional Work, and the timefl'ame in which such Additional Work mu t be completed.
SECT.ION 7. INDEMNIFICATION,
Contractor shall indemnify, defend, and save hannless the District and it officials, agents, servants and employees from and against any claim, demand, or ciwse of action of whatsoever kind or nature arising out of e11'or, omission or negligent act of Contl'actor, its agents, servants, or employees in the performance of services under this Agreement.
Contractor shall indemnify, defend, and save harmle s District and its age'nt , servants and employees from and against any kind and all cau es, claim , demand , actions, losses, liabilities, settlements, judgments, damages, costs, expen es, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature fo· damages to persons 01· property caused in whole or in part by any act, omi ion, or default of the Contractor, its agents, servants or employees arising from thi contract or its perfo1mance. The Contractor and the District hereby agree and covenant that the Contractor has incorporated in the original cost proposal, which constitutes the co,ntract sum payable by the Distdct to the Contractor, specific additional consideration in the amount of ten dollars ($10.00) sufficient to suppo1t this obligation of indemnification provided for in this paragraph. The indenmjfication requit'ed pur uant to the Agreement shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the Contractor by the Agreement, whichever is greater. It is the District sand Contractor's full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statutes.

The execution of this Agreement by the Contractor shall obligate Contractor to comply with the foregojng indemnification provision, as well as the in urance provisions which are set forth in Section 12 of this Agreement. However, the indemnification provision, and the insurance provjsion are not interdependent of each other, but rather each one is separate and distinct from the other.

The obligation of the Contractor to indemnify the Di tdot is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the District or the Contractor.
Nothing herein is intended to be construed, by either party, as a waiver of the protections, immunities, and limitations of liability afforded a governmental entity pursuant to Section 768.28, Florida Statutes or the doctdne of sovereign immunity.

SECTION 8. ENFORC l\lENT. 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 Hmited to, the right of damages, injw1ctive relief and specific performance.

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ocom1t Blvd 8utry Feature

SECTlON 9. REcov •RY OF COSTS AND FEES. In tbe event that either party is required to enforce this Agreement by court proceedlngs or otherwise, then the prevailing party, to the extent pennitted by Florida law, shall be entiUed to recover from the other party all expenses, fees and costs incurred, including reasonable attorneys' fees and costs.

SECTION H). CANCELL TION. The District shall also have the right to cancel this Aireement at no cost or expen.se whatsoever to Di trict (1) for convenience at anytime ptior to the i suanoe of a. permit for the Project by the governing authority and (2) after seven (7) days written notice to Contractor for Contractor's failure to perform in accordance with the terms of this Agreement and Contractor's failure the cure the non compliance.

SECTIO  11. DEFECTrVE WORK; WARRANTY,

The Contractor warrants its work against defects in materials or workmanship for a period of one (1) year from date of ce11ificate of completion from Palm Beach Gardens Building Depaitment, and further agrees to assign any and all applicable n.1anufacturer1s warranties to the District. Any defects noted within this time period shall be timely conected by Contractor at Contractor's expense. Contractor ·shall make the necessary corrections within ten (10) days of receipt of the written notice from District. To the extent any Conti'actot's or manufacturer's warranty, if any, is greater than that which is provided for in this Section 11 the longer wan-anty shall prevail.

Within ten (10) calendar days after being notified in writing of defective work, should the Con.tractor fail or refuse to co1nct any defective work performed, or to make any nece sary repairs in a manner acceptable to the District and in accordance with the requirements of the Agreement, within the same time stated in said written notice, the District may cause the unacceptable or defective work to be co11·ected, or authorize such repairs, which the Contractor has filed or refused to make after being duly notified shall be paid for out of any monies due or which may become due the Contractor under this Agreement. Failure or refusal on part of the Contractor to make any or all 11.ecessary repairs promptly, fully and in a manner acceptable to Disti'ict shall be sufficient cause for the Distl'ict to declare the Contractor in default, in which case the District at its opt"011 may cancel the Agreement and contract with any other individual, fim1 or corporation to pe1fonn the Project. All costs and expenses incurred by reason of Contractor's default thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due, or which may become due hitn. Any special work perfonned as described herein, shall not relieve the Contractor in any way from his responsibility for the Project, or portions thereof, perfonned by him.

SECTIO  12, INSURANCE,

A,  Contractor shall procure and maintain at its own expense and keep in effect during the full tetrn of the Agreement a policy or policies of h1stuaoce which must include the following coverages and minimum limits of liability.

Worker's Compensation Insm·ance for statutory obligations imposed by Wot·ker's Compensation or Occupational Disease Laws, including, where applicable, the
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Coconut Blvd Entry Feature Steel Domes
.Rev. 07-02-2023

United States Longshoreman's and Harbor Workees Act, the Federal Employers• Liability Act and the Jones Act Employer;s Liability Insurance shall be provided with a minimum of one hundred thousand and xx/100 dollars ($100,000.00) per accident Contractor shall be responsible for the employment1 conduct and control of it employees and for any injmy sustained by uch employees in the course of their employment.

Comprehensive General Liabilit.)! (occurrence fonn), with the following minimum limits of liability, with no restrictive endorsements:

$1,000 000 Combined Single Limit, per occurrence. Bodily Injury & Property Damage Coverage sball specifically include the following with minimum limit not less than those required for Bodily Injury LiabUity and Property Damage Liability:

L.	Premises and Operations;
Independent Con.tractors;
Product and Completed Operations Liability;
Broad Fonn Property Damage; and
5, Broad Form Contractual Coverage applicable to the Agr ement and specifically insuring the indemnification and hold l annless agreement provided herein.

Automobile Liability with the following minimum limits of liability, with no
restrictive endorsements:
$1,000,000 Combined Single Limit, per occurrence

Prior to any work beit1g perfo1med pursuant to this Agreement, Contractor shall sl.lbmit to Dish·ict copies of it requit'ed insurance coverages, specifically providing that the Avenir Community Dev lopment District (defined to mean the District, its officer• agents, employees, volunteers, and. representatives) is an additional insured with respect to the required coverages and the operation of the Contractor.

In the event the in urance certificate provided indicates that the insurance shall tetminate and lapse during the period of this Agreement, then, in that event, Contractor shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate ofiu urance as proof that equal and like covetage for the balance of that period of the contrnct and extension there under is in effect. Disttict and Contractor shall not continue to complete the Project required by this Agreement unless all required insw·ance remains in full fot·ce and effect.
District does not in any way represent that the types and amounts of insurance required hereunder are sufficient or adequate to protect Contractor' interest or liabilities, hut are merely minimum requirements utilized by the District.

Insurance companies selected by Contractor must be acceptable to Di trict, All of the policies of insurance so required to be p1,Jrchased at1d maintained shall contain a provision or
6
Coconut Blvd Entry Fearurc

endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to District by certified mail, retum receipt requested.

The re.quired insurance coverage shail be issued by an insurance company authorized an licensed to do business in the state of Florida, with a minimum ratin.g of B+ to A+, in accordance with the latest edition of AM. Best's Insurance Guide.

All required insmance policies shall preclude any underwrHer's rights of recovery or subrogation against District with the express intention of th.e parties being that the required insurance coverage protects both parties as the p.rimru:y covel"age for any and all losses covered by the above-described insurance.

Contractor understands and agrees that any company issui.ng insurance to cover the requireme11ts contained in this Agreement shall have no recourse against the Distiict for payment or assessments in any form on any policy of insurnnce.

SECTION 13. CHA GES IN WORK.

District without invalidating tb.e Agreement, may order extra wor:k or make changes by altering, adding to or deducting from the work, the Agl'eement sum being adjusted accordingly. All such wo.rk shal be executed wider the conditions of the original Agreement. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered.
All change orders and adjustments shall be in writing and approved in advance, prior to work commencing, by the District, othe1wise, no claim for extras will be allowed.

Claim of payment for extra work shall be submitted by the Contractol' upon certified statement supported by receipted bills. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the titne of the first e timate after the woi-k is complete.

SECTIO 14.  REMEDYFORDELAY.
1n the event of any delay in the Project caused by any act or omission of the Dist ·ict, its agents or employees, by delays in the County's pennitting/approval of the Project, by the act or omi ion of any other party 0U1er than the Contractor, its agents, employees or subcontractors, or delay caused by weather condjtions or unavailability of inatetials, the sole remedy available to Contractor shall be by extension of the time allocated to complete the Project

NO MONETARY DAMAGES SHALL BE CLAIMED BY OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY SUCH D LAY(s) IN 'tHE PROJECT.

Failure on the part of Contractor to thnely proc a reque t fol' an extension of time to complete the WOJ'k shall constitute a waiver by Contracto1· and Contractor shall be held responsible for completing the work within the time allocated by this Agreement.

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Coconm Blvd Entry Feature

All requests for extension of time to complete the work shall be made in writing to
the District
SEC ION 15. NOTICES. Whenever any party is required to give ot deliver any notice to any other party, or desires to do so, such notices shall be by U.S. certified mail, retul'n receipt requested, oi­ by any of the following overnight couriers: UPS, Airborne, FEDEX, and addt·essed as follows:

DISTRlCT:

With copy to:

CONTRACTOR:

Avenir Community Development District
2501A Burns Road
Palm Beach Gardens, Florida 33410 Attention: District Manager

Distl'ict Counsel
Billing, Cochran, Lyles, Maul'o & Ramsey, P.A.
Las Olas Square, uite 600 515 East Las Olas Boulevard Fort Lauderdale, Fiorida 33301
Attention: Michael J. Pawelczykls, Esq.
Titan Stone, LLC.
14624 Bubbling Spring Road Botyds, Maryland 20841 Attention: Nathan Mikus, Owner

Except as otheiwise provided in this agreement, any notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 PM (at the place of delivery) or on a non-business day, shall be deemed received the next bu iness day. [f any time for giving notice contained in this Agreement would otherwise expire on a nonabusiness day, the notice period shall be extended to the next Slicceeding busine-ss day. Saturdays, Sundays; and l.egal holidays recognized by the United States government shall not be regm:ded as business days. Any party or other person to whom notices are to be sent or copied may notify the other parties and addressees of any changes in name or address to which notices shall be sent by providit g tl1e same on five (5) days writtei1 notice to the parties and add1·e see set forth hl;!rein.

SECTION 16. E-VERJFY. 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 agree that the COD 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 µse of the E-Verify sy tem. The Contractor agrees to utilize the E-Verify system to verify work authodzation status of all newly hited employees. CoJ tractor shall provide sufficient evidence that it is registered with th,e E-Ve1ify system before commencement of performance unde this Agreement. If the CDD has a good faith belief that the Contractor is in violation of Section 448.09(1), Florida Statutes, or has knowingly hired, 1·ecruited, or referred an alien that is not duly authorized to woi"k by the federal immigration laws or the Attotney General of the United State for employment under this Agreement; the CDD shall terminate this Agreement. The Contractor
8
Coconut Blvd Enhy Feature
Steel Doliles

hall require an affidavit from each subcontractor providing that the subcontractor does not employ, cont·act with, or subcontract with an unauthodzed alien. The Contractor shall retain a copy of each such affidavit for the term of this Agreement and all renewals thereof. If the CDD has·a good faith belief that a subco11tracto1· of the Contractor is in violation of Section 448.09(1), Florida Statutes ot is performing work under this Agreement has knowingly hired, rec1111ted, or refened 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 thi Agreement, the CDD promptly notify the Contractor and order the Contractor to immediately te1minate its ubcontract with the subcontractor. The Contractor shall be liable for any additional costs incwTed by the COD as a result of the termination of any contract, including this Agreement, based on Contractor s failure to comply with the E-Verify requirement referenced in this subsection.

SECTION 17. PUBLIC RECORDS,

Contractor hall, pursua11t to and in accordance with Section 119.0701, Florida Statutes, comply with the public records laws of the State of Flmida; and specifically shall:

Keep and maintain public records requfred 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. Di ti;ict with a copy of the requested records or allow the records to be inspected or copied within a reasonable titne at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided bylaw; 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 te1m and following completion of the Agreement if the Contractor does not transfer the records to the Di trict; anc,i

	Upon completion of the Agreement, tran fe l at no cost to the District, all public records in possession of the Contractor or 1 eep and maintain public records required by the District to perfot-ro the service or work provided for in tbis Agreement. If the Contractor tnmsfers all public records to the District upon completion ofthe Agreement, the Contractor shall destroy any duplicate public records that are exempt o· confidential and exempt from public disclosw·e requirements. If the Contractor keeps and maintain 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 ·eco ds, in a format that is compatible with the info1mation technology systetns of the District.

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Coconut Blvd En 1y FePIUre

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), lorida Statutes. If notified by the Distdct of a pubJic ·ecords request for records not in the possession of ihe Di trict but in possession of the Contractor, the Contractor shall provide such records to the Dish·ict or allow the record to be inspected or copied within a reasonable time. Contractor acknowledges that should Contractor fail to provide the pub1ic records to the District within a reasonable time, Contractor may be subject to penalties pursuant to Section 119.10, lorida Statutes.
c. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO TIDS AGREEMENT/CONTRACT, 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: BBARBA@SDSlNC.ORG
SECTION 18. INTERPRETATION OF AGREEMENT; AMelGUITIBS. It is expressly agreed that, under no circumstances, conditions or situations, shall this contract be more strong{y const:rned against the District than against the Contractor. Any ambiguity or uncertainties in the specifications shall be interpreted and construed by the District, whose decision shall be final and binding upon all parties.

SECTION 19. 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.

S CTION 20. AMENDMENT. Amendments to and waiver of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties he·eto.

SECTION 21. ASSIGNMENT. Neither the Distri.ct nor the Contractor may assign their tights, duties or obligations under this Agreement or any moni to become due hereunder without the prior wl'itten approval of the other.

SECTION 22. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. The Contractor shall be familiar with all federal, state and local laws, ordinances, 11.Jles and regulations that in any manner affect tbe Project. Ignorance on the part of the Contt·actor will in no way relieve contractor from responsibility.
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Cocanut Blvd Entry Feature

SECTIO 23, CONFLICTS. Iti the event of a conflict between any provision(s) of this main Agreement instrument and the terms and conditions of Exhibit A, or Exhibit B then this main Agreement instrument shall control. In the event of a conflict between Exhibit A and Exhibit B. Exhibit A shall control.

SECTION 24. ACCEPTANCE OF PROPOSAL. Di trict' acceptance of the Proposal set forth in Exhibit B is expressly contingent upon the parties executing this Agreement instrument in full and with the understanding by all parties that Contractor is being ordered to perform the services set forth therein.

SECTIO 25. MEDIATION. Any claims ari ing out of or related to this Agreement shaU be subject to mediation. Meditation shall be a condition precedent to arbitration. The request may be made concu1Tently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration, whioh shall be stayed pending mediation for a period of 60 days from the date of fllit1g, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Ft. Lauderdale, Florida.

(THE REMAINDER OF TWS PAGE INTENTIONALLY L  FT BLANK)

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ocom1t Blvd Enny Fearure S1eel omes
Rev, 07-02-2023

IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day and year first written above.

AVENIR COMMUNITY

DE Ef OPMENT DISTRICT

Print name:	Jason Pierman Secretary/Assistant Secretary

WITNESSES:

[PRINT NAME OF WITNESS]

Coconut Blvd Enhy Feature Steel Domes
Rev. 07-02-2023

Print  :	lh/!r I f!_
ChairNice-Chair

---2,_ day of	2023

CONTRACTOR:

BISON STEEL LLC., a Florida limited liability company
By:_-_?-><'_ _-::; ;;====:-::;;;;_::

Nathan Mikus, Owner
l-J...day of A "'-Sr	, 2023

12

EXHlBIT A

PROJECT SPECIFICATIONS

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Coconut Blvd Entry .FealUr Steel Domes
Rev. 07-02-2023

EXHIBITB

PROPOSAL

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Coconut Blvd Entry Fearure
Steel Domes Rell. 07-02-2023

I	AAA	STEEL	FABRICATORS	1669 SW 45TH WAY
Architectural  +  Structural  steeI	DEERFIELD BEACH FL 33442
PH. 954.570.7211	
PROPOSAL	
-		
	
TO	AVENIR COMMUNITY DEVELOPMENT DISTRICT	PH NO,	561-630-4922	
ATTN	JASON PIERMAN	EMAIL	iE2ierman@sdsinc.org	

PROJECT	
AVENIR COCONUT BLVD	
ADDRESS	
AVENIR COCONUT BLVD. W.P.B. FL	
PROPOSAL NO,	22009,010	DATE	Thursday, February !l, 2023	
SCOPE OF WORK	
FURNISH ANO INSTALL		SITE WELDING	
(4) Aluminum Trellis 121-611x 22'-0". Powdercoated		2) Domes stitched we/ding together before Installation.	
(8} Aluminum (4) Tubes Column HSS6x6x2/4 @ 9'·6". Powder coated				-	-	
(8} Aluminum (4) Tvlm Colvmn HSS6x6xl/4 @ 4'·6''. Powder coPted			
(16) Aluminum Bose Plates PL5/8x18x18. Powder coated			
			
(2) Steel Domes 6'-9" high x 6'·9 Radius, Prime pCJ/nted			
HSS6x2x:l/4 Mater/al. Prime painted			
Bose plates PL5/8x10x1•0 w/Wedge anchors. Pr/me painted			
--			

			
			
TOTAL AMOUNT	$177,770.00	
ESTIMATE PREPARED BY:	!OHNMUf/02					
PRICE INCLUDES	
shop drawlngs
+ tools and fasteners as needed
•equipment as needed for placement and rectlon
placement, erection, and field weldIng of al! material
prime paint of steel at domes
powder coating of all;iluminum members at trellis		fabrication by AWS certified welders
•all applicable taxes

••oue to rapidly changing ml/I prices, all quored prices are subject to change ar time of order p{ocement, This prli;e ls valid an order Is receive by 2/9/2023,,.	
PRICE EXCLUDES	
anv Items not llsted above
engineering	
TAKEOFF INFORMATION	
DI\AWINGS REVIEWED	A001,A101,A102,A103,A201,A202,A2210,A300,A301,A302,A303,Sl,S2,S3	

DRAWINGS
DAT O	8/23/2022	
ENGINEER	IFMIDABUGATTAS P.E.			

(

•

'l'i:r111s & Condlllons

The Propo nl is v111id fot·90 Days from date or delivery unless accepted in writing by the "C\Jstomer". Customer shallJJay 25% wi.1h the relurn of the signc:d proposal. A mnl\1olly
!!greed upon paymenl draw schedule will be produced before work commences. Final paymentshall be made lo "Fobricator" 30 days after completion of"Fabricator'.s" 1votk.
I. "P'ebricator'' shall mean ;,AAA Steel Fabricators" and or AAA Archilecmni! Fabricators'', 011d "Custonu:r" slrnll refer to the entity to wl1om thi, Proposal and/or Work Order wos submitted.
Snucl\1rnl steel will be ti.1mished to this Pl'Ojecl i11 aocordance wilb the terms anodndiUon.,of the blddiog docmnents and the Amcrlcnn lostinne of Steel Constmctio1) Code of Stnndnrd Prnotico for Buildings 11ntl Bridges, CillTCI\Iedition,
DR.AWTNOS, PLANS ANO SPEClFrCATIONS. Fabricmtor shall be enti.tlcd to rely 11pon 1hc pl nsnd speoificnli01is whic,hvtro provided by Customer. trlhe design is not
complete ut ihe tfme oftl1is bid, released for conslrucfion dr11wiugs will be req11lred before de!ailing, n1nterial purcl1usDS, or fQbricntion can co11u11e11ce n.nd Fobr.icatot reserve the right to additional cOnlpcnsation.
TIME!. The project schedule ond nny modificali.on shnll allow Fnbdclllor a re sonable lime to compl.ete irs Work in an efficlcnl ntal\Jlcr considering the contract complellon
dare or times set forth in this contract. Fabricator shall not be required to commence or continue worlc unless llufficiont areas arc ready lo•cnaure continuous work. Customer shall promptly provide 1h1: Fabri0Mor with all schedules of work at1d wilh any oUicr infonnalion necessary for the proper schedule ofFabricalQr' Work. l'abrientor will not be bound by any schedule th11t wos not included in bldcllog documents, or 10 !lllY schedule revisions absent prior written ngrtoment. Fabricator sholl be entitled to 11n equitable adjustment in the price of the Work, includio11but not limiled to, ony inc.rensed c11sls oflal)or, Including ovort.imo, or mn1crinls, rC$ulting from an1change of schedule, acceleration, om of 1cq11c11cc work or dcls.y cil\!scd by 0U1e11for whom Febriaator is llOI respo11siblc,
FORC8 MAJEURE, Jl/otwllhstanding anytblng19 the contrary i11these TC!nns and Conditions, dolivcries and/or pcrron110110c may be suspendedor delnycd by nets of God; nets
of clvll or mllitury authorities; war, riot; flJ'C, or c11plosion flood; sabotage or acts of terrorism; lack or adequate fuel, power, raw materials, labor, conta!ners or lnmsportotiou ra.oilities; changes in npplicable govetilll\CIII laws; rcgulation.s; fai111re of machinery or lippnrat\ls; labor disputes; acts or omissions of Customer, its employees, officers or age11ts, or any other eventw, hether or 1101 of the class or kind CJ1lunerated l\cndn, beyond the reasonable conlro1 of Fabricator which nrnkes imprnoticol the perfonnancc of the Work, or the mu1ufaol\lrer, transportation, pr shiplllollt' of tlic1lroduo1s or of n m111erial or other resource upon which Ille mannfaciurcr or transporlulion of the product depend, Pnbiicator reserves Ilic right, in its sole dlscrctlou, lo nllocale inventories nnd current production and lo s\lbslitulosu!la.ble materials wben, in.ii$opinion, ci umst11nces warrnn1 such ollooatia/1 or subslilutloli. obri(ll11ohr allbe entitled to an tqultoblc a(!juslment in the price ond !he cime for tl:te perfom1D11ce ofU1e Work l'e ulting from oily Force Mnjeure event.
ESCALATION. FRbricator's m8teriol prices aro based on omte111 prices at !he thnc oftnc Proposal, Any signilieont price incre11ses (meaning b price Increase exceeding 5%) in 11111tcrial necc s ry Lo perforlh the Work, Umt occur during the period of time between tl1e dote of this Proposal and Subatanlilll Completion of Jhe l'rojccl, slrnll cou$e the contr11Ct pric11to be i:quitably adjusted byan amount reasonnbly necessary to cover any such inorcBSo.
FREIGHT. Frelgl1t will be noted as either an inclusio11or nn exclusion in a proposal. Freight is c11!cul11ted as II set price based upon mileage and number of expected lrips. Any changes to the scope or assu1np1!011s tegardin!! phasina of delivery may result in an additional freight surcharge.
8,TIME OP PAYME,NT. Payment must be mnde to Pabricntor within thirty (30) days oftbe date,offn.bric lor• invoice, Payment!! not receiycd whc11 due shHll ihc1ir sc.rvloc
chargc5 at the rate nf lhree percont (1.5%) pcrtnomh{18¾ per qn11uni) uniil paid. lfCu,tomer foils to pn)' Fabrlentor, in accordance IV.itb this provision, Fabricator rnuy, wi1l1gut prejudice to noy other available remedies, limit or cancel tile credit ofC11stomcr, suspend further delivetie$or perfon'('lpnce, or terminate this controct. The coutract limouncsholl be increased, by appropriate 11djuslme11t, by the amount ofFabriClltor's domobiliZ11tion, delay 11.!ld remobilizaHon costs, Fabricator sh11ll be entitled lo recover its costs und at!omey fees i11c11rrcd for any 11011"])&yrnent of amo\1Jll9 due.
9, PAlLURI! TO GIVE ADEQUATE ASSURANCES. Jr Customer's financial conditionsJves Fabricator, in its judgment, repsonnble grouqds for insecurlty conccrolng
Cu9tomcr's ability to pcrrorm its obligations wider tho Contract, Fabric11,tor may require foll or partinl Clish payment in tldvoncc or moy suspond1111y further deliveries or perfom1ance until Customer's finnncllllcondition ma!edally lmproves a11d all unpaid s11msdue lo Fabricator b ve been pRid,

Terms & Condillon,

10. RELEASES. Any fonu or relense wherola th.e Fnbrlcntor p11111orl lo release lhc C\lslomer, Ow11er or Design Profe:ssio11pl l,'; h1m1by qualifo:d by !l\e followiog IPnguage, wh.ethcr or not the Fabricator specilknlly ndds the J11.11g,rnge: "This releo1eshqll E\PPIYonly ,tovork forwhich payt.ncnt hos been received [n full by 'Fabrlc111'or; and il sholl not apply to relai11age; unbilled chnng , or claim or amounts no! yet paid." The Fabr1cnfor will not agree lo 111'1 advencc waiver of ils lien rights, its right to delay damages, Its tight
to co11sequenlial damages, or to wiU1bolding payment for dis1mtos belwee11Contractor and Owner unrelated to Fpbrionlor',-;work
1I. RETAINAOE, C1.1stomer shPII be permiifod t,ovithhold I0% retillnage for U1isproject until it i1L50% cmnpletc. After 50% completlon, customer shnll Mly withhold 5% of
the tolnl coot111cl un1 unt unlil substantial complcUort. Finni pnyment, includlng release of retninngtt, shnll bc·due within 30 days nl'er oomplelkm of Fabricator's Work.
12, CHANG£ ORDERS. Ifcolldirions m encountered at the site which are concenled physiool condit[ons which differ from those indicated in.Qliy pl lls, specifications, reports, wveys, Qr other infatrnali n provided la Fabrlontor, then t.lle St1bcontrac1Price shall be equitably adj11sted for sucl\ concealed or unknown condlllons b_y Change Order upOLl the clniin of either party.
13, TlTLB AND RISK OF L.OSS, Tille to n11d ri k of l\l11s oflhe n1ateriol pl'Qvided to the project t,y Fabricator shaUpass 10 C1l3lonter upon delivery, Fabrfofitor shall reUiin a
!ieclll'ltyinterest and right of possession in 1he materials until Cuslomcr makes 111ll payment for, those mamlols.
4. WARRANTY, LTMITATI.ON OP fABTLITY, ,\..ND ASSUMPTION OF RISK. Fabricator grees t9 correct1111Work under Lhis contract whigh proves to bedefective ih workmanship or matcrfols. Tne,-;c wafTJlnli4s shallco1111nence on llie date 0hubstanlilll cort1pletlon of'the Work or of a dcsignn d portion the.reof and.shall eontinuc,for a period ofolle ya11r iherefrom or for such longer pc.riods or.lme as may be ot rorlh iii writing as ugrccd to by the Fabrieotor. .Pabricntor disclaims 011d Customerwaives, nilother warranties, express or implied, inaluding but not limited to the warranlies of habitability, merchan111bility, aatl filness for a pa11ieular pm-pose. Fabricator's liability fur llliY action hall be llmJ!ed to the Proposal Price. ifC11stomer or Ownor elail\'ls thar Fabrle lor's work it defective, 1hey shallgive Febticator written notice within days of when they knew or could l\ave know11 of the alleged deficie1toy. Fabricator shall be give11a ri:asonable opportunity to oure s11ch ollBged deficiency (andal its sole discretion Fabricator may repair or replnoe with equal qualily any limited warranty items) upon receipt of s11cb wrUtc11nollce. .Fallure lo p10vidcF11brtcntor wilh such notice and 1111 oppor11111ily to cure Sltch allogcd dcficioncics thall constlll.ltc o waiver of such elnims.
I•S .INDEMNIFlCATlON. To the nmdlll\llll extetJt allowed by law, Customershall defend, indemnify, and hold hannless Fabrlcntor nnd ils employees nnd ns,enls agabist 111!
sums, costs, liabilillus, losses, obligations, suits, cHons dam gcs, penaliics, lines und oihcr c11pcnscs (in0hiaing invcsligPlion costs, lltig tion costs, ruid atlomcy fees) lhal Fabricator may incur or be oblig.it d to pay lo the extent of Customer'! (i) negligence, (ii) vialolion or alleged violation of ally rederal, stole, comity or loco.Ilows or regulotions,
(iii) breach of this C nlract, or (iY) othr;i nogliJ¢nce for which Customer is mpon5ib\e.f"abrlcalor will lake full responsibilily fur ils own actions end hegligencc. II will not agrlle­ to Indemnify any other patty fot·lhc C<JMequcnci:s of lhot party' a.Qlions or negligence.
MEDIATION. Any elnim arising out ofor relaied ta this coL1tractsbnll be subject to m.edit1tio11. Mediationshall be a condition precedent to nrbilrallon. The request may be made concurrently wilh the lllins ofn domond for arbitration but. in such event, mc:diMioil shnll proceed in ll(lvnnce orarbilnltion, whiohslrnll be stnycd pe11dii1g medi11\ion for 11 period of60 days from the date of filing, un!e$S2tnye for a longer period by agreement of tbe parties or court order, T!ie pllrlielinll shore the mettinlor• fee andany filing fees cqu11lly, Tbe mediation sbell be held.In Ft. Lauderdale E'I.,
COLLECTION COSTS S. ATTORNEY FBES. Jn the even! Urnt FabriC11tor hlr o colle1;1ion company ar lnsll!i1tes legal proc edi11g 11g.\inst Customer to collect any monies
due to Fabricator hereunder, or iff11brirnlour cc sfully defends uLiy laws1ilt instituted by Cu tome,rv, hcther based on coiltroct, tori or m1y Qlhor legal theory Qfrecovcry, then 'Pabricntor shpll be entitled to rec-aver itll costs und expenses, Including reasonable ttomcy's fees, from C\lslomcr.
GOVERNING LAW. Thee vnlidhy, it11erptela1ion and perfortn:ulce of this ocmli:act mid n1\)I dispHte connected herewilbshall b govemeclby1111d construed in accordanc,ve ith
the IPI\ISof thee3taic of Floridn, witlmul rega d 10 lt conflillls-of law provision.

Tcrn!f & Conditions

l 9.  UBCONTRACTDOCUMENTS. No terms-Hiid col1ditio1i9 contained in the contract between the Ow11er and Cusiomer, )f applicoble, shnll be bindhi.g 011 the F11bricnto1·
1111less II copy of such tem1s 111.ld condillons 1111s boen fomishcd to Febricotor end ni:ccptcd inn ,vritingsigned by tbc Fnbrli:ator.
PERFORMAN	Of WORK PRJOR. 'l"O £X CUTION OF CONTRACT, In the v nt that F11brica1or is given a notice to proceed, directed to purchase material, or 0U10rwise directed by Customer to cmnmcncc li1iy of the Work oontcmplatcd by this Proposal prior to the Customcr,igning this Proposal, Customer shall be deemed to have acocplcd aU ofthc Tern.is and Conditions of this Proposal and/or Work Order as set forth herei11. No amendment or inodincation of any provision ofihese Tenns and C011dilions shall be binding u11le3s thne me iJ in writii1g, signed by ll1e party to be bou11d, nud is Sj)Cclfioally described u an 11.111eudme11ior modilkalion of these Tenns 11nd Condition.
SOLVENCY. CU 1011101·hereby rep esents and warrants to Pnbricntor Iha! Cus1omer is solvent (on 11 balance sheet basis) and both has and Will have 1he unre-stricted.abillty to its deb!$ In the ordlu ry 0011rse of business es nnd when such debts llft:c due and paynble. Customer also acknowledges and agrees lb1,1l e!!cb of tlie Cl1 lQn1er's ucccplooce of metcrinl 1111d or labor s11pplicd by Follricator shall co11s1!tuten writtot1reaffirmation of Custo1tter's representation of solvency es of the dote oFlhe Customer's 110capl1111cc of mntcrial and labor, which represenuition shnll be deemed to ,llrnnl to Pabricotor the maximum tight ofrcclamalion avruloble al law or in equity 1mder either the Coin_mercip! Code or 01\y otl1cr applicablc stale law, or it1 bimkmplcy or insolvency procccdhlg,

The nbovc prices, specitiootions, !emu and conditions oresatisfactory and arc hereby accepted. You are authorized lo do the work as specifi d.

DATE	OFFICER OF THE COMPANY

t 669 SW 451 Woy Deerfield Beoch. FL 33442-9003	omce (954) 570-7211 Fox (954} 570-721I\
WWW.AAASTEELFABRICATORS.COM

SMALL PROJECT AGREEMENT

(Coconut Blvd Entry Feature – Natural Florida Oolite)

THIS SMALL PROJECT AGREEMENT is made and entered into this 	 day of
	, 2023, by and between:

AVENIR COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special purpose government established pursuant to Chapter 190, Florida Statutes, located in the City of Palm Beach Gardens, Palm Beach County, Florida, and with offices at 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District”),

and

TITAN STONE, LLC., a Florida limited liability company whose principal and mailing 2999 North Powerline Road, Pompano Beach, Florida 33069 (the “Contractor”).

RECITALS

Whereas, the District is a local unit of special purpose government established pursuant to and governed by Chapter 190, Florida Statutes; and

Whereas, the District desires to have furnished and installed Natural Florida Oolite to two (2) newly constructed entry features located within the boundaries of the District (collectively, the “Project”), in accordance with the Permit Set, dated August 23, 2022, and prepared by Randall Stofft Architects which Permit Set is incorporated herein by reference and made a part hereof as Exhibit A (the “Project Specifications”); and

Whereas, the Project is more particularly described in Contractor’s proposal dated April 5, 2023, attached hereto and made a part hereof as Exhibit B (the “Proposal”); and

Whereas, the Board of Supervisors of the District has authorized the proper District officials to enter into this Agreement with Contractor authorizing completion of the Project in accordance with the Project Specifications and in accordance with this Agreement; and

Whereas, Contractor represents that it is qualified and possesses the necessary equipment, skill, labor, licenses, and experience to perform and complete the Project.

Now, Therefore, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

Section 1. Recitals. The recitals so stated are true and correct and by this reference are incorporated, inclusive of the above referenced exhibits, into and form a material part of this Agreement.

Section 2. Duties.

The duties, obligations, and responsibilities of the Contractor are those as more particularly described in this Agreement and the exhibits attached hereto and incorporated herein.

The Project shall be performed in accordance with this Agreement, the Proposal, and Project Specifications.

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met in accordance with this Agreement and industry standards.

Contractor shall report to the District Manager or his or her designee.

Contractor shall furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, bonds, maintenance of traffic, and other accessories and services necessary to complete said Project in accordance herewith and with the conditions and prices as stated herein, in the Proposal.

Contractor shall furnish all tools, equipment, materials and supplies necessary to do all the work associated with the Project in a substantial and workmanlike manner.

Contractor shall perform all the work and labor pursuant to this Agreement and as necessary to complete the Project.

Contractor shall remove and clean up all rubbish, debris, excess material, tools and equipment from streets, rights-of-way, alleys, parkways, swales, facilities, stormwater management areas, and adjacent property in connection with the Project and Contractor’s performance of this Agreement.

Contractor will be held and shall be responsible for the care, protection and condition of all work until final completion and acceptance thereof and will be required to make good at his own cost any damage or injury occurring from any cause resulting from Contractor’s acts or omissions or the acts or omissions of its subcontractors or suppliers.

With respect to securing the building and other permits associated with the Project, Contractor shall submit, and follow up on through issuance, all necessary permit applications associated with the Project. District agrees to work with Contractor and to timely provide to Contractor, upon request, with all information and required signatures required to such permit applications.

SECTION 3. COMPENSATION. District agrees to compensate the Contractor for the Project in the total amount of ONE HUNDRED NINETY – SIX THOUSAND FOUR HUNDRED SIXTY
– FIVE AND 00/100 ($196,465.00) DOLLARS (the “Contract Amount”) in accordance with the payment schedule below:

Payment No.	Payment Due	Entry Feature West	
1	Execution of Agreement	$49,116.25	
2	Start of Project	$49,116.25	
3	Halfway	$49,116.25	
4	Completion of Project	$49,116.25	
TOTAL		$196,465.00	

Payment of the Final Payment of the Contract Amount will be made upon completion of the work necessary to complete the Project, all work under the Project has been performed, and after the Project has passed final inspection by the District and any other applicable permitting agencies. Payment for any Additional Costs or Extra Work associated with the construction and installation of the Project shall be made upon completion of such additional work and upon District’s receipt and review of sufficient supporting documentation for such items, provided such Additional Work has first been authorized in writing by the District or the District Manager of the District. Invoices shall be generated from the Contractor, addressed to the District, and delivered to the District so that payments can be made in accordance with the agreed upon payment schedule as set forth in the Proposal.

With each invoice the Contractor shall submit conditional waivers and releases of lien from itself and its sub-contractors identifying the portion of the invoice that correspond to each. The District will issue joint checks payable to the Contractor and any subcontractor(s) for the portion(s) of the invoice(s) that correspond to the subcontractor(s), if necessary and appropriate in the determination of the District.

Section 4. Examination of Site. The Contractor agrees that it shall be held responsible for having examined the site(s), the location of all proposed work associated with the Project and has satisfied himself from his own personal knowledge and experience or professional advice as to the character, condition, location of the site, its gas facilities, its electric facilities, and other conditions surrounding and affecting the Project, and any physical characteristics of the job, in order that all costs pertaining to the Project have been included in the Contract Amount.

Section 5. Independent Contractor. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Agreement and not the District’s employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor’s activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with District, or other government policies, rules or regulations relating to the use of Contractor’s funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the District, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship

between the Contractor and the District and the District will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.

Section 6. Term and Time of Performance. This Agreement shall commence upon signature and shall continue until the scope of work for the Project as described in this Agreement is completed. The Project shall be completed in an expeditious and regular manner, without interruption, to limit the inconvenience to the residents of Avenir and the general public utilizing the District’s facilities and improvements. The parties agree that the time to complete the Project is one hundred eighty (180) days after any and all required permits are ready for pickup at the City of Palm Beach Gardens, if any. Additional Work may be added to this Agreement through the approval of an amendment to this Agreement, providing for a description of the additional work, the compensation to be paid to the Contractor, such Additional Work, and the timeframe in which such Additional Work must be completed.

Section 7. Indemnification.

Contractor shall indemnify, defend, and save harmless the District and its officials, agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of Contractor, its agents, servants, or employees in the performance of services under this Agreement.

Contractor shall indemnify, defend, and save harmless District and its agents, servants and employees from and against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney’s and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the Contractor, its agents, servants or employees arising from this contract or its performance. The Contractor and the District hereby agree and covenant that the Contractor has incorporated in the original cost proposal, which constitutes the contract sum payable by the District to the Contractor, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Agreement shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the Contractor by the Agreement, whichever is greater. It is the District’s and Contractor’s full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statutes.

The execution of this Agreement by the Contractor shall obligate Contractor to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Section 12 of this Agreement. However, the indemnification provision, and the insurance provision are not interdependent of each other, but rather each one is separate and distinct from the other.

The obligation of the Contractor to indemnify the District is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the District or the Contractor.

Nothing herein is intended to be construed, by either party, as a waiver of the protections, immunities, and limitations of liability afforded a governmental entity pursuant to Section 768.28, Florida Statutes or the doctrine of sovereign immunity.

Section 8. 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.

Section 9. Recovery of Costs and Fees. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party, to the extent permitted by Florida law, shall be entitled to recover from the other party all expenses, fees and costs incurred, including reasonable attorneys' fees and costs.

Section 10. Cancellation. The District shall also have the right to cancel this Agreement at no cost or expense whatsoever to District (1) for convenience at anytime prior to the issuance of a permit for the Project by the governing authority and (2) after seven (7) days written notice to Contractor for Contractor's failure to perform in accordance with the terms of this Agreement and Contractor’s failure the cure the non-compliance.

Section 11. Defective Work; Warranty.

The Contractor warrants its work against defects in materials or workmanship for a period of one (1) year from date of certificate of completion from Palm Beach Gardens Building Department, and further agrees to assign any and all applicable manufacturer’s warranties to the District. Any defects noted within this time period shall be timely corrected by Contractor at Contractor’s expense. Contractor shall make the necessary corrections within ten
(10) days of receipt of the written notice from District. To the extent any Contractor’s or manufacturer’s warranty, if any, is greater than that which is provided for in this Section 11, the longer warranty shall prevail.

Within ten (10) calendar days after being notified in writing of defective work, should the Contractor fail or refuse to correct any defective work performed, or to make any necessary repairs in a manner acceptable to the District and in accordance with the requirements of the Agreement, within the same time stated in said written notice, the District may cause the unacceptable or defective work to be corrected, or authorize such repairs, which the Contractor has filed or refused to make after being duly notified shall be paid for out of any monies due or which may become due the Contractor under this Agreement. Failure or refusal on part of the Contractor to make any or all necessary repairs promptly, fully and in a manner acceptable to District shall be sufficient cause for the District to declare the Contractor in default, in which case the District at its option may cancel the Agreement and contract with any other individual, firm or corporation to perform the Project. All costs and expenses incurred by reason of Contractor’s default thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due, or which may become due him. Any special work performed as described herein, shall not relieve the Contractor in any way from his responsibility for the Project, or portions thereof, performed by him.

Section 12. Insurance.

Contractor shall procure and maintain at its own expense and keep in effect during the full term of the Agreement a policy or policies of insurance which must include the following coverages and minimum limits of liability.

Worker’s Compensation Insurance for statutory obligations imposed by Worker’s Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoreman’s and Harbor Worker’s Act, the Federal Employers’ Liability Act and the Jones Act. Employer’s Liability Insurance shall be provided with a minimum of one hundred thousand and xx/100 dollars ($100,000.00) per accident. Contractor shall be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment.

Comprehensive General Liability (occurrence form), with the following minimum limits of liability, with no restrictive endorsements:

$1,000,000 Combined Single Limit, per occurrence, Bodily Injury & Property Damage Coverage shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability:

Premises and Operations;
Independent Contractors;
Product and Completed Operations Liability;
Broad Form Property Damage; and
Broad Form Contractual Coverage applicable to the Agreement and specifically insuring the indemnification and hold harmless agreement provided herein.

Automobile Liability with the following minimum limits of liability, with no restrictive endorsements:

$1,000,000 Combined Single Limit, per occurrence

Prior to any work being performed pursuant to this Agreement, Contractor shall submit to District copies of its required insurance coverages, specifically providing that the Avenir Community Development District (defined to mean the District, its officers, agents, employees, volunteers, and representatives) is an additional insured with respect to the required coverages and the operations of the Contractor.

In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then, in that event, Contractor shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of that period of the contract and extension there under is in effect. District and Contractor shall not

continue to complete the Project required by this Agreement unless all required insurance remains in full force and effect.

District does not in any way represent that the types and amounts of insurance required hereunder are sufficient or adequate to protect Contractor’s interest or liabilities, but are merely minimum requirements utilized by the District.

Insurance companies selected by Contractor must be acceptable to District. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to District by certified mail, return receipt requested.

The required insurance coverage shall be issued by an insurance company authorized an licensed to do business in the state of Florida, with a minimum rating of B+ to A+, in accordance with the latest edition of A.M. Best’s Insurance Guide.

All required insurance policies shall preclude any underwriter’s rights of recovery or subrogation against District with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above-described insurance.

Contractor understands and agrees that any company issuing insurance to cover the requirements contained in this Agreement shall have no recourse against the District for payment or assessments in any form on any policy of insurance.

Section 13.	Changes in Work.

District, without invalidating the Agreement, may order extra work or make changes by altering, adding to or deducting from the work, the Agreement sum being adjusted accordingly. All such work shall be executed under the conditions of the original Agreement. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered.

All change orders and adjustments shall be in writing and approved in advance, prior to work commencing, by the District, otherwise, no claim for extras will be allowed.

Claim of payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is complete.

Section 14.	Remedy For Delay.
In the event of any delay in the Project caused by any act or omission of the District, its agents or employees, by delays in the County’s permitting/approval of the Project, by the act or omission of any other party other than the Contractor, its agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole

7
Coconut Blvd Entry Feature – Florida Oolite Rev. 07-31-2023
Page 131

remedy available to Contractor shall be by extension of the time allocated to complete the Project.

NO MONETARY DAMAGES SHALL BE CLAIMED BY OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY SUCH DELAY(s) IN THE PROJECT.

Failure on the part of Contractor to timely process a request for an extension of time to complete the work shall constitute a waiver by Contractor and Contractor shall be held responsible for completing the work within the time allocated by this Agreement.

All requests for extension of time to complete the work shall be made in writing to the District.

Section 15. Notices. Whenever any party is required to give or deliver any notice to any other party, or desires to do so, such notices shall be by U.S. certified mail, return receipt requested, or by any of the following overnight couriers: UPS, Airborne, FEDEX, and addressed as follows:

DISTRICT:	Avenir Community Development District
2501A Burns Road
Palm Beach Gardens, Florida 33410 Attention: District Manager

With copy to:	District Counsel
Billing, Cochran, Lyles, Mauro & Ramsey, P.A. Las Olas Square, Suite 600
515 East Las Olas Boulevard Fort Lauderdale, Florida 33301
Attention: Michael J. Pawelczyk1s, Esq.

CONTRACTOR:	Titan Stone, LLC.
2999 North Powerline Road Pompano Beach, Florida 33069 Attention: James Blair

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

Section 16. E-Verify.	The Contractor, on behalf of itself and its subcontractors, hereby warrants compliance with all federal immigration laws and regulations applicable to their

8

employees. The Contractor further agrees that the CDD 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 CDD 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 CDD 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 CDD 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 CDD 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 CDD 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.

Section 17. Public Records.

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/CONTRACT, 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: BBARBA@SDSINC.ORG
Section 18. Interpretation of Agreement; Ambiguities. It is expressly agreed that, under no circumstances, conditions or situations, shall this contract be more strongly construed against the District than against the Contractor. Any ambiguity or uncertainties in the specifications shall be interpreted and construed by the District, whose decision shall be final and binding upon all parties.

Section 19. 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.

Section 20. 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.

Section 21. Assignment. Neither the District nor the Contractor may assign their rights, duties, or obligations under this Agreement or any monies to become due hereunder without the prior written approval of the other.

Section 22. Applicable Law. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. The Contractor shall be familiar with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the Project. Ignorance on the part of the Contractor will in no way relieve contractor from responsibility.

Section 23. Conflicts. In the event of a conflict between any provision(s) of this main Agreement instrument and the terms and conditions of Exhibit A, or Exhibit B then this main Agreement instrument shall control. In the event of a conflict between Exhibit A and Exhibit B, Exhibit A shall control.

Section 24. Acceptance of Proposal. District’s acceptance of the Proposal set forth in Exhibit B is expressly contingent upon the parties executing this Agreement instrument in full and with the understanding by all parties that Contractor is being ordered to perform the services set forth therein.

Section 25. Venue. In the event of any litigation arising out of this Agreement or the performance thereof, venue shall be Palm Beach County, Florida.

(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)

In Witness Whereof, the parties hereto have signed this Agreement on the day and year first written above.

AVENIR COMMUNITY DEVELOPMENT DISTRICT

Print name: 		Print name: 		 Secretary/Assistant Secretary			Chair/Vice-Chair

	 day of 	, 2023

WITNESSES:	CONTRACTOR:

TITAN STONE, LLC., a Florida limited liability company

By: 	

[PRINT NAME OF WITNESS]	James Blair, CEO

	 day of 	, 2023

[PRINT NAME OF WITNESS]

EXHIBIT A

PROJECT SPECIFICATIONS

Page 138

PERMIT SET 08.23.22

Y:\DelrayProjects\!COMMERCIAL\2009076-AVENIR COCONUT BLVD ENTRY FEATURE\Sheet Files\A001-COVER SHEET.dwg, 8/23/2022 3:01:33 PM

			
ARCHITECTURAL	
A001	COVER SHEET					
A101	OVERALL SITE PLAN					
A102	ENLARGED SITE PLAN - EAST SIDE					
A103	ENLARGED SITE PLAN - WEST SIDE					
A201	DIMENSION AND NOTE PLANS					
A202	ENLARGED TRELLIS PLAN AND ELEVATIONS					
A210	ROOF PLAN					
A300	MATERIAL BOARD					
A301	FRONT (NORTH) AND RIGHT (EAST) ELEVATIONS					
A302	REAR (SOUTH) AND LEFT (WEST) ELEVATIONS					

ELECTRICAL	
E101	NOTES, SPECIFICATIONS, PANEL SCHEDULES, GAS ISOMETRIC					
E201	OVERALL SITE PLAN AND ENLARGED PLAN					

STRUCTURAL	
S1	FOUNDATION AND FIRST FLOOR COLUMN PLAN AND DETAILS					
S2	DIMENSION PLAN AND DETAILS					
S3	STRUCTURAL NOTES AND ETAILS					

ABBREVIATIONS	COCONUT BLVD. ENTRY FEATURE	DESIGN PARAMETERS	

ABV.	ABOVE
ACOUS.  ACOUSTICAL
ADJ.	ADJUSTABLE
AL.	 ALUMINUM APPROX. APPROXIMATE BD.	BOARD
BLDG.  BUILDING
BLK.	BLOCK
BOT.	BOTTOM
CAB.	CABINET
CER.	CERAMIC
C.I.	CAST IRON
CLR.	CLEAR
COL.	COLUMN
CONC.  CONCRETE
CONN.  CONNECTION
CONT.  CONTINUOUS
CTSK.  COUNTERSUNK
DECOR.  DECORATIVE
DET.	DETAIL
D.F.	DOUGLAS FIR
DIA.	DIAMETER
DIM.	DIMENSION
DN.	DOWN
D.S.	DOWN SPOUT
DWG.	DRAWING
EA.	EACH
EL.	ELEVATION
ELEV.  ELEVATOR
ELEC.  ELECTRICAL
EQ.	EQUAL
EXH.	EXHAUST
EXP.	EXPANSION
EXT.	EXTERIOR
EXIST.  EXISTING
F.F.	FINISH FLOOR
FLASH.  FLASHING
FLUOR.  FLUORESCENT
FT.	FOOT/FEET
FTG.	FOOTING
GA.	GAUGE
GALV.  GALVANIZED
GL.	GLASS
GR.	GRADE
GYP.	GYPSUM
H.B.	HOSE BIBB	
H.C. HOLLOW CORE HDWD. HARDWOOD HDWE. HARDWARE HGT. HEIGHT
HORIZ. HORIZONTAL
I.D. INSIDE DIAMETER INCAND. INCANDESCENT INSUL. INSULATION
INT.  INTERIOR
JT.  JOINT
LAM.  LAMINATE
LAV.  LAVATORY
LOC.  LOCATION
MAX. MAXIMUM MECH. MECHANICAL MET. METAL
MFR.  MANUFACTURER
MIN.  MINIMUM
MISC.  MISCELLANEOUS
M.O.  MASONRY OPENING
MTD.  MOUNTED
MUL.  MULLION
N.I.C. NOT IN CONTRACT NO.  NUMBER
N.T.S.  NOT TO SCALE
O.A.  OVERALL
OBS.  OBSCURE
ON CENTER
OUTSIDE DIAMETER
OFF.  OFFICE
OPNG.  OPENING
OPP.  OPPOSITE
PL.  PLATE
PLAS. PLASTER PLYWD. PLYWOOD PR.  PAIR PRCST. PRECAST
P.T.  PRESSURE TREATED
PTN.  PARTITION
Q.T.  QUARRY TILE
RAD. RADIUS REINF. REINFORCE REQ.  REQUIRED
RM.  ROOM	
R.O.  ROUGH OPENING
RWD.  REDWOOD
R.W.L.  RAIN WATER LEADER
S.C. SOLID CORE SCHED. SCHEDULE SHT. SHEET
SIM.  SIMILAR
SQ.  SQUARE
SST.  STAINLESS STEEL
STD.  STANDARD
STL.  STEEL
STOR. STORAGE STRUCT. STRUCTURAL SUSP.  SUSPENDED
SYM.  SYMMETRICAL
T.C.  TOP OF CURB
TEL.  TELEPHONE
T&G  TONGUE AND GROOVE
THK.  THICK
T.O.C. TOP OF CHIMNEY T.O.FR. TOP OF FRAMING
T.O.L.  TOP OF LEDGER
T.O.P. TOP OF PLATE T.O.PL. TOP OF PLATE TYP. TYPICAL
U.O.N. UNLESS OTHERWISE NOTED
VERT.  VERTICAL
VEST.  VESTIBULE
V.G.D.F. VERTICAL GRAIN W/	WITH
W/O  WITHOUT
W.C.  WATER CLOSET
WD.  WOOD
WDW.  WINDOW
W.H.  WATER HEATER
WSCT.  WAINSCOT
WT.  WEIGHT
SYMB.  SYMBOLS

&	AND
ANGLE
@	AT
	CENTER LINE DIAMETER OR ROUND
#	POUND OR NUMBER	

ARTIST RENDERING. DETAILS CONTAINED IN THESE DOCUMENTS SHALL GOVERN	
BUILDING CLASSIFICATION:

FBC 2020 CHAPTER 3, UTILITY AND MISCELLANEOUS GROUP U OCCUPANCY

CONSTRUCTION TYPE:

FBC2020 CHAPTER 6, TABLE 601 V-B
TABLE 504.3a: ALLOWABLE BUILDING HEIGHT IN FEET ABOVE GRADE PLANE:

40'-0", NON-SPRINKLED

TABLE 504.4: ALLOWABLE NUMBER OF STORIES ABOVE GRADE PLANE:

1-STORIES, NON-SPRINKLED

TABLE 506.2: ALLOWABLE AREA FACTOR:

5,500, NON-SPRINKLED

CODE EDITIONS:
FLORIDA BUILDING CODE (FBC) 2020 NATIONAL ELECTRICAL CODE (NEC) 2017

WIND LOADS AS PER FBC 2017 EDITION AND ANSI/ASCE 7-10

SEE STRUCTURAL DRAWINGS FOR ALL STRUCTURAL DESIGN PARAMETERS.	
PROJECT TEAM			

ARCHITECT:
RANDALL STOFFT ARCHITECTS
42 NORTH SWINTON AVE., SUITE 1 DELRAY BEACH, FL. 33444
561-243-0799 (T) CONTACT: DON DURANTE
EMAIL: don@stofft.com
STRUCTURAL ENGINEER
PROJECT CLASSIC, LLC. 7318 TEXAS TRAIL BOCA RATON, FL. 33487
561-544-7397 (T), 561-665-5438 (F) CONTACT: FARID ABUGATTAS, P.E.
EMAIL: farid@projectclassic.com

MEP ENGINEER
JWL ENGINEERING
185 NW SPANISH RIVER BLVD, SUITE 250 BOCA RATON, FLORIDA 33431
TEL: 561-237-5223, FAX: 561-237-5680 CONTACT: JOHN LANGFORD, P.E.
EMAIL: john@jwleng.com			
CONSTRUCTION NOTES, SPECIFICATIONS AND GENERAL REQUIREMENTS	DRAWING INDEX	
ARCHITECT'S STATUS:
A. THE ARCHITECT SHALL NOT BE RESPONSIBLE FOR AND WILL NOT HAVE CONTROL OR CHARGE OF CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES, OR FOR THE SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, AND HE OR SHE WILL NOT BE RESPONSIBLE FOR THE CONTRACTOR'S FAILURE TO CARRY OUT THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ARCHITECT SHALL NOT BE RESPONSIBLE OR HAVE CONTROL OR CHARGE OVER THE ACTS OR OMISSIONS OF THE CONTRACTOR, SUBCONTRACTORS OR ANY OF THEIR AGENTS OR EMPLOYEES, OR ANY OTHER PERSONS PERFORMING ANY OF THE WORK.

CODES:
A. ALL CODES HAVING JURISDICTION SHALL BE OBSERVED STRICTLY IN THE CONSTRUCTION OF THE PROJECT, INCLUDING ALL APPLICABLE STATE, CITY AND COUNTY BUILDING, ZONING, ELECTRICAL, PLUMBING, LIFE SAFETY AND FIRE CODES. CONTRACTOR SHALL VERIFY ALL CODE REQUIREMENTS AND BRING ANY DISCREPANCY BETWEEN THE CODES AND THE CONSTRUCTION DOCUMENTS TO THE ATTENTION OF THE ARCHITECT.

THE PROJECT WAS DESIGNED IN ACCORDANCE WITH THE BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE (ACI 318-14 EDITION). (AMERICAN INSTITUTE OF STEEL CONSTRUCTION) AISC ASD/13th EDITION. BUILDING CODE REQUIREMENTS AND SPECIFICATIONS FOR MASONRY STRUCTURES (ACI 530-13/ASCE 5-13/TMS 402-16). BUILDING CODE REQUIREMENTS AND NATIONAL DESIGN SPECIFICATIONS FOR WOOD CONSTRUCTION (ANSI/NFOPA NDS-2018).

B. THESE PLANS AS DRAWN AND NOTED, COMPLY WITH THE BUILDING ENVELOPE ENERGY REQUIREMENTS OF THE FLORIDA MODEL ENERGY CODE. CONTRACTOR SHALL FAMILIARIZE HIMSELF WITH THE GOVERNING CODE IN IT'S ENTIRETY AND BUILD IN ACCORDANCE WITH ALL PROVISIONS OF THIS CODE.

PERMITS:
A. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL REQUIRED BUILDING AND TRADE PERMITS AND FOR THEIR RESPECTIVE COSTS

JOB CONDITIONS:
A. THE CONTRACTOR SHALL VISIT THE PROJECT SITE PRIOR TO SUBMITTAL OF BID AND / OR CONTRACT NEGOTIATIONS. AND HE SHALL VERIFY EXISTING CONDITIONS WITH THE CONSTRUCTION DOCUMENTS. DISCREPANCIES BETWEEN CONSTRUCTION DOCUMENTS SHALL BE BROUGHT TO THE ARCHITECT'S ATTENTION IN WRITING FOR CLARIFICATION. BIDS SHALL NOT BE SUBMITTED OR CONSTRUCTION CONTRACTS NEGOTIATED BY THE CONTRACTOR PRIOR TO CLARIFICATION OF THE INTENT OF THE CONSTRUCTION DOCUMENTS WHERE SUCH INTENT IS IN DOUBT. BACK CHARGES WILL NOT BE ACCEPTED.

B. DIMENSIONS AND NOTES SHALL TAKE PRECEDENCE OVER SCALE AND GRAPHICS. DO NOT SCALE DRAWINGS.

C. IF WORK IS BEING PERFORMED IN AN EXISTING BUILDING AND / OR AS AN ADDITION OR ALTERATION(S) TO AN EXISTING BUILDING, THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS WITH REFERENCE TO ARCHITECTURAL, STRUCTURAL, MECHANICAL, AND ELECTRICAL SYSTEMS. ANY DISCREPANCIES BETWEEN THE EXISTING CONDITIONS AND CONSTRUCTION DOCUMENTS SHALL BE BROUGHT TO THE ARCHITECT'S ATTENTION IN WRITING PRIOR TO THE SUBMISSION OF BIDS OR CONTRACT NEGOTIATIONS. THE CONTRACTOR SHALL COORDINATE AND SCHEDULE WORK BY TRADES, SUPPLIERS, SUBCONTRACTORS AND OTHER PROVIDERS TO INSURE THAT THE WORK, WHEN COMPLETED WILL BE IN ACCORDANCE WITH THE INTENT OF THE CONSTRUCTION DOCUMENTS.

D. CONTRACTOR SHALL BE RESPONSIBLE FOR ADEQUATE BRACING OF STRUCTURAL AND NON-STRUCTURAL MEMBERS DURING CONSTRUCTION.

WORK NECESSARY TO COMPLETE CONSTRUCTION:
A. IT IS THE PURPOSE OF THESE PLANS AND SPECIFICATIONS TO DESCRIBE A COMPLETE AND FINISHED PROJECT OTHER THAN ITEMS MARKED "N.I.C" (NOT IN CONTRACT)

CLEAN UP / REPAIR:
A. THE CONTRACTOR SHALL MAINTAIN THE PREMISE CLEAN AND FREE OF ALL TRASH, DEBRIS, AND SHALL PROTECT ALL ADJACENT WORK FROM DAMAGE, SOILING, PAINT OVER-SPRAY, ETC. ALL FIXTURES, EQUIPMENT, GLAZING FLOORS, ETC. SHALL BE LEFT CLEAN AND READY FOR OCCUPANCY UPON COMPLETION OF THE PROJECT.

B. THE CONTRACTOR SHALL REPAIR AND / OR REPLACE ALL ITEMS DAMAGED BY THE PROCESS OF CONSTRUCTION AND SHALL FINISH ALL PATCHWORKS AND REPAIRS TO MATCH ADJACENT AREAS AND SURFACES.
CLIMATE & GEOGRAPHIC DESIGN CRITERIA:
PER 2020 FBC-RESIDENTIAL, TABLE R301.2(1), 'SUBJECT TO DAMAGE FROM' WEATHERING IS CLASSIFIED AS 'NEGLIGIBLE'. TERMITE DAMAGE IS CLASSIFIED AS 'VERY HEAVY'. SEE ADDITIONAL NOTES UNDER EARTHWORK.	EARTH WORK:
PERFORM ALL WORK IN CONFORMANCE WITH THE FINAL SOILS, COMPACTION AND GEOLOGICAL REPORTS.

FOUNDATIONS SHALL BE MONOLITHIC OR SPREAD FOOTINGS BASED ON A SOIL BEARING CAPACITY OF 2500 PSF. FINAL WRITTEN VERIFICATION SHALL BE SENT TO THE OWNER AND ARCHITECT PRIOR TO THE START OF CONSTRUCTION.

AFTER STANDARD CLEANING AND GRUBBING HAS BEEN COMPLETED AND APPROVED, APPLY VIBRATORY COMPACTOR WITH A MINIMUM OF FOUR PASSES.

SOIL SHALL BE COMPACTED TO 95% MODIFIED PROCTOR (ASTM D1557) TO A DISTANCE OF 5 FEET BEYOND ALL BUILDING EDGES. AT LEAST ONE FIELD DENSITY TEST SHALL BE PERFORMED FOR EACH 2500 SQUARE FEET OF AREA. DENSITY TESTS ARE TO BE MADE 12 INCHES BELOW THE COMPACTED SURFACES. RESULTS OF PROCTOR TEST(S) AND FIELD DENSITY TEST(S) SHALL BE FURNISHED TO THE ARCHITECT/ENGINEER.

FILL SHALL BE CLEAN, WELL GRADED SAND, CLASSIFICATION SW PER ASTM D2487-69
(75) WITH LESS THAN 12% PASSING 200 SIEVE. FILL MATERIAL SHALL BE PLACED IN LIFTS OF NOT MORE THAN 12" AND COMPACTED AS ABOVE.

F. TERMITE PROTECTION SHALL BE IN ACCORDANCE WITH SECTION 1816 OF THE FL BUILDING CODE 2020.

CONCRETE:
GENERAL: ALL CONCRETE WORK SHALL CONFORM TO ALL RECOMMENDATIONS AND REQUIREMENTS OF ACI 318-14.

PORTLAND CEMENT: ASTM C-150 TYPES I OR II. LOW ALKALI, SILL TESTED AND CERTIFIED. USE TYPE V CEMENT FOR SOIL CONTAINING SULFATE CONCENTRATIONS OF MORE THAN 0.2 PERCENT.

WATER: FROM DOMESTIC SOURCES, CLEAN, POTABLE, AND FREE FROM ALL ORGANIC OR OTHER DELETERIOUS MATERIALS.

AGGREGATES: ASTM C-33 FOR SLABS ON GRADE.

SAND: ASTM C-33 FOR SLABS ON GRADE.

FOUNDATIONS: INSTALL AS INCLUDED IN THESE DWG'S. OR AS AMENDED BY THE FINAL SOILS REPORT.

VAPOR BARRIER: BENEATH SLABS TO BE 6 MIL. POLYETHYLENE.

CONCRETE SHALL BE READY MIX & HAVE A MINIMUM COMPRESSIVE STRENGTH OF 4,000 PSI AT 28 DAYS - EXCEPTION PILINGS SHALL BE 5,000 PSI. ALL CONCRETE WORK SHALL COMPLY W/ THE REQUIREMENTS OF THE ACI BUILDING CODE (ACI 318-14) THE ACI DETAILING MANUAL (ACI 315/LATEST EDITION), AND THE SPECS. FOR STRUCTURAL CONCRETE FOR BUILDINGS (ACI 301/LATEST EDITION). CONCRETE COVER FOR REINFORCING STEEL SHALL BE AS REQUIRED BY THE LATEST ACI SPECIFICATIONS. WELDED WIRE FABRIC SHALL COMPLY WITH ASTM A-185, UNLESS OTHERWISE SPECIFIED. PLACE FABRIC 2" CLEAR FROM TOP OF THE SLAB IN SLAB ON GRADE LAP ALL WWF A MINIMUM OF 6 INCHES U.N.O. ALL REINFORCING STEEL SHALL BE MANUF. FROM HIGH STRENGTH BILLET STEEL CONFORMING TO ASTM DESIGNATION A-615 GRADE 60. LAP ALL BARS MINIMUM 48 DIA. U.N.O. ON DRAWINGS. ALL HOOKS SHOWN IN REINFORCEMENT SHALL BE ACI RECOMMENDED HOOKS U.N.O.

REINFORCING STEEL:
ALL WORK SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN THE "MANUAL OF STANDARD PRACTICE FOR DETAILING REINFORCED CONCRETE STRUCTURES" PUBLISHED BY THE AMERICAN CONCRETE INSTITUTE, EXCEPT WHERE MORE EXACTING REQUIREMENTS ARE SPECIFIED IN THE CONTRACT DOCUMENTS.

MINIMUM CONCRETE COVERAGE OF REINFORCING STEEL.

SLAB ON VAPOR BARRIER 2" (ELEVATED 1 12")
BEAMS AND COLUMNS 1 1/2 "
FORMED CONCRETE BELOW GRADE 2"
UNFORMED BELOW GRADE 3"
FOOTING 3"CLEAR AT BOTTOM & SIDES 2"CLEAR OF TOP
WALLS 2" CLEAR OUTSIDE FACE, 1 1/2" CLEAR INSIDE

SLABS 3/4" CLEAR AT TOP (INTERIOR), 1 12" CLEAR AT TOP (EXTERIOR)
BEAMS 1 1/2" CLEAR TO STIRRUPS
COLUMNS 1 1/2" CLEAR TO TIES

REINFORCING MESH: ON-GRADE BUILDING SLABS SHALL BE ACI-318 ELECTRICALLY WELDED WIRE FABRIC, SIZES AND GAUGES AS SHOWN ON THE DRAWINGS.

GENERAL BEAM NOTES:
SCHEDULE HOOPS OR STIRRUPS SHALL BE PLACED AT EACH END OF BEAM U.N.O.
BUNDLE ALL STR. BEAM TOP BARS IN PAIRS OVER SUPPORT W/ TOP BARS FROM ADJ. BEAMS.
ALL TIE BEAM REINFORCING SHALL EXTEND INTO SPAN OF ANY ADJ. STR. BEAM PER STANDARD ASTM BENDING DIAGRAM.
TIE BEAM DEPTHS ARE MIN. AND MAY BE INCREASED (8" MAX.) TO FIT BLOCK WORK AND WINDOW AND DOOR HEADS.
DROP BOTTOM OF TIE BEAMS, AS REQUIRED, AT WINDOW & DOOR HEADS (28" MAX. BEAM DEPTH) & ADD 2 #5 BOTTOM, IF DROP EXCEEDS 8" U.N.O. ON PLANS.
ALL ADDED LONGITUDINAL BEAM REINFORCING SHALL EXTEND 6" MIN. INTO
SUPPORT U.N.O.	TRUSSES:
THE TRUSS LAYOUT SHOWN ON CONSTRUCTION DOCUMENTS IS SCHEMATIC IN NATURE. HOWEVER, THE SUPPORTING SUPERSTRUCTURE HAS BEEN DESIGNED UNDER THE ASSUMPTION THAT THE FRAMING SCHEME SHOWN WILL CLOSELY PARALLEL THE FINAL TRUSS MFG. LAYOUT. THIS FRAMING SCHEME (DIRECTION OF TRUSSES, MAJOR G.T. BEARING POINTS, ETC.) CAN BE MODIFIED ONLY AFTER OBTAINING PERMISSION FROM THE PRIME PROFESSIONAL OF RECORD WHO MUST REVIEW PROPOSED CHANGES AND MAKE STRUCTURAL REVISIONS ACCORDINGLY. FINAL SIGNED AND SEALED ENGINEERING TRUSS DRAWINGS MUST BE SUBMITTED TO THE ARCHITECT FOR REVIEW PRIOR TO POURING OF FOUNDATION.

WOOD ROOF TRUSSES ARE TO BE DESIGNED FOR THE WOOD FABRICATOR BY A PROFESSIONAL SPECIALTY ENGINEER REGISTERED IN THE STATE OF FLORIDA. TRUSS FABRICATOR TO PROVIDE PRE-FABRICATED HANGERS AS REQUIRED.

DESIGN, FABRICATION, AND INSTALLATION OF WOOD TRUSSES AND SHEET METAL CONNECTORS SHALL BE IN ACCORDANCE WITH THE FOLLOWING STANDARDS.

DESIGN SPECIFICATIONS FOR METAL PLATE CONNECTED WOOD ROOF TRUSSES PER TPI 1-2014; DESIGN SPECIFICATIONS FOR METAL PLATE CONNECTED PARALLEL CHORD TRUSSES PER PCT 80; HANDLING, INSTALLATING, RESTRAINING AND BRACING OF METAL PLATE CONNECTED WOOD TRUSSES PER BCSI 2013 EDITION

CONCRETE UNIT MASONRY:
THIS PROJECT IS DESIGNED AS ENGINEERED UNIT MASONRY. STRUCTURAL DESIGN SHALL BE IN ACCORDANCE WITH ACI 530-13/ASCE 5-13/TMS 402-16, BUILDING CODE REQUIREMENTS FOR MASONRY STRUCTURES AND THE COMMENTARY ON BUILDING CODE REQUIREMENTS FOR MASONRY STRUCTURES.

REINFORCING STEEL: LAP REINFORCING NOT LESS THAN 48 BAR DIAMETERS AT SPLICE IN WALL REINFORCING. LAP HORIZONTAL REINFORCING A MINIMUM OF 18" AROUND CORNERS. HORIZONTAL BARS SHALL BE TIED TO VERTICAL BARS AS THE WORK PROGRESSES AND SHALL BE EMBEDDED IN GROUT. PLACING OF HORIZONTAL REINFORCING IN JOINTS OR MORTAR WILL NOT BE PERMITTED EXCEPT FOR WIRE JOINT REINFORCING.

FOUNDATION DOWELS: SHALL NOT BE SLOPED MORE THAN ONE HORIZONTAL TO 6 VERTICAL TO ALIGN WITH BLOCK CORE.

CLEAN OUT OPENINGS SHALL BE PROVIDED AT BOTTOM OF GROUTED CELLS. SEAL AFTER CLEANING AND INSPECTION.

MASONRY UNITS SHALL BE ASTM C-90 TYPE II WITH MINIMUM COMPRESSIVE STRENGTH OF 1900 PSI ON NET AREA OF INDIVIDUAL UNITS. ALL CMU SHALL BE LAID IN A FULL BED OF MORTAR IN RUNNING BOND U.N.O. ALL REINFORCING STEEL SHALL BE MANUFACTURED FROM HIGH STRENGTH BILLET STEEL CONFORMING TO ASTM DESIGNATION A-615 GRADE 60.

ALL MORTAR SHALL BE TYPE S IN ACCORDANCE WITH ASTM SPECIFICATION C-270 WITH A MINIMUM COMPRESSIVE STRENGTH OF 1800 PSI AT 28 DAYS. NO TESTING FOR MORTAR STRENGTH IS REQUIRED FOR THIS PROJECT.

GROUT SHALL BE A HIGH SLUMP MIX (8"-11") IN ACCORDANCE WITH ASTM SPECIFICATION C-476 HAVING A MINIMUM COMPRESSIVE STRENGTH OF 3,000 PSI. NO TESTING FOR GROUT STRENGTH IS REQUIRED FOR THIS PROJECT.

PROVIDE 9 GAUGE HORIZONTAL JOINT REINFORCEMENT (LADDER TYPE ONLY) AT EVERY SECOND COURSE FOR ALL EXTERIOR WALLS.

ALL CONCRETE MASONRY BEARING AND SHEAR WALLS MUST BE INSPECTED BY A QUALIFIED ENGINEER JUST PRIOR TO POURING OF THE FOUNDATION, 1ST & 2ND FLOOR TIE BEAMS. CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE "SPECIFICATION FOR THE DESIGN AND CONSTRUCTION OF LOAD BEARING CONCRETE MASONRY" PUBLISHED BY THE NATIONAL CONCRETE MASONRY ASSOCIATION.

STRUCTURAL STEEL:
WORKMANSHIP: WORK SHALL COMPLY WITH A.I.S.C. LRFD 15TH EDITION, UNLESS MORE EXACTING REQUIREMENTS ARE SPECIFIED IN THE CONTRACT DOCUMENTS.

ALL STRUCTURAL STEEL SHALL BE FABRICATED AND ERECTED IN ACCORDANCE WITH THE LATEST AISC CODE. STRUCTURAL STEEL SHALL CONFORM TO ASTM SPECIFICATION A36. ALL STEEL TUBING & PIPE SHALL CONFORM TO ASTM SPECIFICATION A-500 GRADE B (FY=46KSI). ALL STEEL TO HAVE A SHOP COAT OF RUST INHIBITIVE PAINT. ALL SHOP AND FIELD WELDING SHALL BE PERFORMED BY WELDERS QUALIFIED, AS DESCRIBED IN "AMERICAN WELDING SOCIETY'S STANDARD QUALIFICATION PROCEDURE" (ASW D1.1), TO PERFORM THE TYPE OF WORK REQUIRED. ALL STEEL WELDING RODS SHALL BE E70XX ELECTRODES.	ROUGH CARPENTRY:
ALL BEAMS INSTALLED WITH CROWN UP UNLESS OTHERWISE NOTED. CANTILEVERED BEAMS SHALL BE INSTALLED WITH CROWN DOWN.

3" MINIMUM BEARING BY BEAMS AND GIRDERS ON MASONRY OR CONCRETE.

PROVIDE 4"X4" POSTS OR (2) 2"X4" STUDS MINIMUM UNDER ALL BEAMS AND HEADERS UNLESS OTHERWISE NOTED.

ALL SUB-SILLS, OVER 8'-0" IN LENGTH SHALL BE DOUBLE 2"X4"s.

DOUBLE 2"X4"s, SPIKED TOGETHER w/ 16d'S @ 5" O/C STAGGERED MAY BE USED IN LIEU OF 4"X4" POSTS WHERE CONTAINED WITHIN WALLS UNLESS SPECIFICALLY NOTED OTHERWISE ON PLANS.

ALL LUMBER IN DIRECT CONTACT WITH STEEL OR CONCRETE SHALL BE PRESSURE TREATED, HAVE AN APPROVED SEPARATING MATERIAL OR HAVE A GALVANIZED ANCHOR SEAT.

BUILDING PAPER: FEDERAL SPECIFICATIONS UU-B-790. INSTALL UNDER ROOFING AND TRIM AND CAREFULLY APPLY SO AS TO FORM A WATERTIGHT MEMBRANE. EACH COURSE OF PAPER SHALL OVERLAP THE COURSE BENEATH IT 6" MINIMUM. WHERE PAPER MEETS ANY OPENING, THE PAPER SHALL BE CAREFULLY LAPPED OVER THE FRAME TO PREVENT THE PASSAGE OF WATER BEHIND THE FRAME. INSTALL SILKA KRAFT PAPER AT EXTERIOR DOORS AND WINDOW FRAMES.

ALL BEARING PARTITIONS SHALL BE SECURED TO ADJACENT PARTITIONS, AND SHALL HAVE AT LEAST A DOUBLE STUD POST AT ALL ENDS, CORNERS AND EACH SIDE OF ALL WINDOW AND DOOR OPENINGS.

ROOF SHEATHING: 19/32" THICK STANDARD PLYWOOD SHEATHING, EXTERIOR GLUE, C-D GRADE, 4 PLY, INDES 24/0, APA GRADE TRADEMARKED, APPLY WITH FACE GRAIN PERPENDICULAR TO SUPPORTS AND STAGGER JOINTS

HANGERS, FRAMING ANCHORS AND FASTENERS: STAMPED AMD FABRICATED STEEL OF THE TYPE INDICATED, NAILS TO BE THOSE FURNISHED OR RECOMMENDED BY MANUFACTURER FOR THIS SPECIFIC USE. NAILS SHALL BE FULLY DRIVEN IN ALL HOLES IN THE ANCHOR, ALL HANGERS AND ANCHORS SHALL BE GALVANIZED.

DRAFT-STOPPING: IN FLOOR AND CEILING ASSEMBLIES NOT TO EXCEED 1,000 S/F. IN ATTICS FOR AREAS OVER 3,000 S/F

FIRE-BLOCKING: INSTALL IN CONCEALED SPACES BOTH VERTICAL AND HORIZONTAL,
.SUCH AS BUT NOT LIMITED TO, STUD WALLS, FURRED SPACES, SOFFITS, DROP CEILINGS, COVES, STAIR STRINGERS (TOP AND BOTTOM) OPENINGS FOR VENTS, PIPES, DUCTS, CHIMNEYS, FLOOR JOISTS OR TRUSSES.

SHOP DRAWINGS:
THE CONTRACTOR SHALL SUBMIT THREE COPIES OF ALL SHOP DRAWINGS, ALL FABRICATED ITEMS AND EQUIPMENT FOR ARCHITECT'S REVIEW PRIOR TO FABRICATION AND COMMENCEMENT OF THE WORK.

CABINET SUPPLIER SHALL PROVIDE SHOP DRAWINGS.

WINDOW AND DOOR SUPPLIER SHALL PROVIDE SHOP DRAWINGS.

SECTION AND DETAILS
ALL DETAILS, SECTIONS AND NOTES SHOWN ON THE DRAWINGS ARE INTENDED TO BE TYPICAL AND SHALL APPLY TO SIMILAR SITUATIONS ELSEWHERE U.N.O.

PLUMBING FIXTURES:
ALL SHOWER HEADS SHALL HAVE ANTI-SCALDING PROTECTION	TIMBER
STRUCTURAL TIMBER TO BE SOUTHERN PINE #2 (MIN.) STRESS GRADE LUMBER OR APPROVED EQUAL. THE MIN. ALLOWANCE PROPERTIES ARE AS FOLLOWS:
* FB = 1,150 PSI FV = 90 PSI E = 1,600,000 PSI AND PRESSURE TREATED FOR USE AGAINST CONCRETE AND MASONRY.

ALL TIMBER AND TIMBER CONSTRUCTION SHALL COMPLY WITH SPECIFICATIONS AND CODES AS SPECIFIED BELOW:
AMERICAN INSTITUTE OF TIMBER CONSTRUCTION, TIMBER CONSTRUCTION MANUAL; NATIONAL FOREST PRODUCTS ASSOCIATION, NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION; AMERICAN PLYWOOD ASSOCIATION, PLYWOOD DESIGN SPECIFICATION; AMERICAN WOOD PRESERVERS ASSOCIATION STANDARDS; NATIONAL LUMBER MANUFACTURERS ASSOCIATION, NATIONAL DESIGN SPECIFICATION FOR STRESS GRADE LUMBER AND ITS FASTENINGS.

ALL TIMBER CONNECTIONS ARE TO BE MADE USING PREFABRICATED CONNECTORS. TOE NAILING WILL NOT BE PERMITTED. SUBMIT MANUFACTURER'S DATE FOR APPROVAL. FASTENERS TO BE AS MANUFACTURED BY USP OR SIMPSON.

LUMBER USED FOR LOAD SUPPORTING SHALL HAVE GRADE MARKS COMPLYING WITH AND PROCEDURES AND AGENCIES APPROVED BY US PROCEDURE PS 20-94.

PLYWOOD: PRODUCT STANDARD PS-1-73 AND RULES FOR DFPA GRADE TRADEMARKS OF AMERICAN PLYWOOD ASSOCIATION.

MARKING: WOOD AND LUMBER SHALL BE MARKED WITH IT'S GRADE AND PLYWOOD WITH IT'S GRADE TRADEMARK IN ACCORDANCE WITH THE REFERENCED STANDARDS. A PIECE WITH DEFECTS SHALL NOT BE USED REGARDLESS OF GRADING.

EXTERIOR PLYWOOD SHEATHING SHALL BE GROUP I STANDARD (C-D) EXT-DFPA, (C-C) EXT-DFPA, STRUCTURAL I (C-D) EXT-DFPA OR STRUCTURAL I (C-C) EXT-DFPA.
DOORS AND WINDOWS:
PER FBC 406.3.2.1 DOOR OPENINGS BETWEEN THE GARAGE AND DWELLING TO BE SOLID
CORE NOT LESS THAN 13 8" THICK OR BE IN COMPLIANCE WITH FBC 716.5.3 WITH A FIRE PROTECTION RATING NOT LESS THAN 20 MINUTES. DOORS SHALL BE SELF CLOSING AND SELF LATCHING.

DOORS CONTAINING GLAZING MATERIAL NOT GREATER THAN 9 SQUARE FEET IN SURFACE AREA SHALL BE CLASSIFIED AS CATEGORY I AND SHALL BE CAPABLE
OF WITHSTANDING A 150 FOOT-POUND IMPACT TEST.

DOORS , BATH & SHOWER ENCLOSURES, AND SLIDING GLASS DOORS CONTAINING GLAZING MATERIAL GREATER THAN 9 SQUARE FEET IN SURFACE AREA SHALL BE CLASSIFIED AS CATEGORY II AND SHALL BE CAPABLE OF WITHSTANDING A 400
FOOT-POUND IMPACT TEST

THE GLAZING IN SLIDING AND SWINGING DOORS AND IN SHOWER OR TUB ENCLOSURES, INCLUDING ANY GLAZING WITHIN 60 INCHES OF THE FINISHED FLOOR IN WALLS SURROUNDING TUB & SHOWER ENCLOSURES SHALL BE SAFETY GLAZED FOR CATEGORY II GLAZING PRODUCTS.

GLASS OR MIRRORS IMMEDIATELY SURROUNDING A BATHTUB OR SHOWER ENCLOSURE SHALL BE SAFETY GLAZING WHERE THE GLASS OR MIRRORS ARE LESS THAN 60" ABOVE THE FLOOR OF THE TUB OR SHOWER.

EGRESS WINDOWS SHALL BE OPERABLE FROM THE INSIDE WITHOUT THE USE OF TOOLS. THEY SHALL PROVIDE A CLEAR OPENING OF NOT LESS 20" WIDE, 24" HIGH AND 5.7 SQUARE FEET MINIMUM AREA. THE BOTTOM OF OPENING SHALL NOT BE MORE THAN 44" ABOVE FLOOR AND LATCH AT 54" ABOVE FLOOR (MAX).

WINDOW UNITS SHALL DISP. LABELS SHOWING COMPLIANCE WITH THE FL ENERGY CODE.

ALL NEW SINGLE-FAMILY HOUSES, DUPLEXES, TRI-PLEXES, CONDOMINIUMS AND TOWNHOUSES SHALL PROVIDE AT LEAST ONE BATHROOM, LOCATED WITH MAX. POSSIBLE PRIVACY, WHERE BATHROOMS ARE PROVIDED ON HABITABLE GRADE LEVELS, WITH A DOOR THAT HAS A MIN. 29" CLEAR OPENING.
THERMAL MOISTURE PROTECTION:
INSULATION: INSULATION SHALL BE PROVIDED AND INSTALLED PER FBC 2020 ENERGY CONSERVATION CODE. PRESCRIPTIVE REQUIREMENTS INCLUDE:
MINIMUM OF R-30 CLG INSUL IN CLIMATE ZONE 1, R-38 CLG INSUL IN CLIMATE ZONE 2. MASONRY WALLS A MINIMUM OF R-4 IN CLIMATE ZONE 1, R-6 IN CLIMATE ZONE 2.
FRAME WALLS A MINIMUM OF R-13 IN BOTH CLIMATE ZONE 1 & 2.
VERIFY REQUIRED INSULATION VALUES TO BE INSTALLED AGAINST FBC ENERGY CONSERVATION ENERGY CALCULATIONS AS SUBMITTED.

ROOF / TILE: TILE SHALL BE AS SHOWN ON DRAWINGS AND AS SELECTED BY ARCHITECT/DESIGNER. INSTALLATION SHALL BE PER MANUFACTURER'S RECOMMENDATIONS AND FLORIDA BUILDING CODE 2020. AT THE COMPLETION OF THE WORK, THE CONTRACTOR SHALL FURNISH A ROOFERS WRITTEN GUARANTEE
COVERING WORKMANSHIP. MATERIAL MANUFACTURERS GUARANTEE FOR REPLACEMENT OF THE SAME AT NO COST TO THE OWNER WITHIN WARRANTEE PERIOD.	

	

 	
Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

08.23.22

PERMIT SETS ISSUED

PERMIT SET 08.23.22

Y:\DelrayProjects\!COMMERCIAL\2009076-AVENIR COCONUT BLVD ENTRY FEATURE\Sheet Files\A101-SITE PLAN.dwg, 8/23/2022 1:28:37 PM

ULTIMATE RIGHT OF WAY LINE
(SEE LANDSCAPE DWG's)

COCONUT BLVD (SOUTH BOUND)

COCONUT BLVD

PARCEL BOUNDARY LINE

LIGHTPOLE
(SEE LANDSCAPE DWG's)

LIGHTPOLE (SEE LANDSCAPE DWG's)

TOWN CENTER DISTRICT BOUNDARY

SIDEWALK (SEE CIVIL DWG's)

8'-0" WIDE SIDEWALK (SEE CIVIL DWG's)

WATER SERVICE LINE (SEE CIVIL DWG's)

12'-0" PARKWAY PATH (SEE CIVIL DWG's)

SIDEWALK
(SEE CIVIL DWG's)

LIGHTPOLE
(SEE LANDSCAPE DWG's)

LIGHTPOLE (SEE LANDSCAPE DWG's)

'-0" PARKWAY PATH (SEE CIVIL DWG's)

LIGHTPOLE (SEE LANDSCAPE DWG's)

12'-0" PARKWAY PATH (SEE CIVIL DWG's)

ULTIMATE RIGHT OF WAY LINE
(SEE LANDSCAPE DWG's)

PERMIT SETS ISSUED	08.23.22

Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

ULTIMATE RIGHT OF WAY LINE
(SEE LANDSCAPE DWG's)

Page 139

1

OVERALL SITE PLAN
1/16"=1'-0"

PERMIT SET 08.23.22

PERMIT SETS ISSUED

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08.23.22

LIGHTPOLE (SEE LANDSCAPE DWG's)

TOWN CENTER DISTRICT BOUNDARY

SIDEWALK
(SEE CIVIL DWG's)

12'-0" PARKWAY PATH (SEE CIVIL DWG's)

LIGHTPOLE (SEE LANDSCAPE DWG's)

Job No. 2009076

Page 140

12'-0" PARKWAY PATH (SEE CIVIL DWG's)

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

1  ENLARGED SITE PLAN - EAST SIDE

PERMIT SET 08.23.22

PERMIT SETS ISSUED

Y:\DelrayProjects\!COMMERCIAL\2009076-AVENIR COCONUT BLVD ENTRY FEATURE\Sheet Files\A101-SITE PLAN.dwg, 8/23/2022 1:27:24 PM

08.23.22

SIDEWALK (SEE CIVIL DWG's)

8'-0" WIDE SIDEWALK (SEE CIVIL DWG's)

12'-0" PARKWAY PATH (SEE CIVIL DWG's)

Job No. 2009076

Page 141

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

1  ENLARGED SITE PLAN - WEST SIDE

B-B A303

1
A302

39'-0"

3'-2"

9'-7"

13'-6"

9'-7"

3'-2"

2'-3" 11" 8" 11"

5'-6"

1'-10" 8"

6'-9"

6'-9"

8" 1'-10"

5'-6"

11" 8" 11" 2'-3"

8"

3'-5"

8"

6'-9"

1'-0" 1'-0" 2'-0" 1'-0"  3'-0"

3'-0"  1'-0" 2'-0" 1'-0" 1'-0"

6'-9"

8"

3'-5"

8"

A-A A303

A-A A303

11'-6"

1'-0"

14'-0"

1'-0"

11'-6"

2	2
A302	A301

2'-10"  1'-3" 8"  2'-11"

4'-10"	1'-3" 8" 7"

4'-6"

4'-6"

7" 8" 1'-3"	4'-10"

2'-11"  8" 1'-3"  2'-10"

2'-10"

16'-8"

16'-8"

2'-10"

39'-0"

B-B A303

1
A301

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
9'-6" ABOVE GRADE

WATER FEATURE EQUIPMENT ON CONCRETE EQUIPMENT
PAD (DESIGN BY OTHERS)

B-B A303

1
A302

PERMIT SET 08.23.22

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ALL TRELLIS MEMBERS INCLUDING COLUMNS, BEAMS, & JOISTS TO BE POWDER COATED ALUMINUM PAINTED TO MATCH AVENIR DRIVE
ENTRY FEATURE TRELLIS. ALL WELDS TO BE SMOOTH.

1'-0" 2'-0" 1'-0" 1'-0"	5'-0"

2'-6"  1'-10" 8"

11" 2'-6"

3'-5"

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
4'-6" ABOVE GRADE

COPPER WATER SCUPPER
(TYP. OF 6)

OUTLINE OF DOME ROOM (SEE ROOF PLAN & ELEVATIONS)

WATER LEVEL @ +/- 2'-6" ABOVE GRADE

WATER FEATURE ELECTRICAL CONTROL
PANEL (DESIGN BY OTHERS)

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
9'-6" ABOVE GRADE

WATER LEVEL @ +/- 2'-6" ABOVE GRADE

CATCH BASIN WALLS, TOP @ 2'-6" ABOVE GRADE

PROMINENT LIGHT FIXTURE
(SPECIFICATION TO BE DETERMINED)

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
4'-6" ABOVE GRADE

1'-0"

TRELLIS FEATURE (SEE SHEET A202)

TRELLIS FEATURE (SEE SHEET A202)

WATER LEVEL @ +/- 2'-6" ABOVE GRADE

ENTRY FEATURE PAVILION STRUCTURE

3'-0"	3'-0"

14'-0"

16'-0"

19'-2"

19'-2"

MAIN WATER FEATURE w/ INFINITI EDGE

MAIN WATER FEATURE w/ INFINITI EDGE

LOWER CATCH BASIN

2'-6"	3'-5"  1'-10" 1'-0" 1'-0" 2'-0" 1'-0"

LOWER CATCH BASIN WALL, TOP @ 1'-6" ABOVE
GRADE

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @

1'-0"

9'-6" ABOVE GRADE

A-A A303

TOP OF PLATFORM @ 3'-6" ABOVE GRADE

WATER LEVEL @ +/- 2'-6" ABOVE GRADE

A-A A303

LOWER CATCH BASIN

LOWER CATCH BASIN WALL, TOP @ 1'-6" ABOVE GRADE

2

2'-6"

11"

47'-0"

A302

2
A301

4'-6"

6'-1"

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
4'-6" ABOVE GRADE

COPPER WATER SCUPPER

8"

(TYP. OF 6)

6'-1"

TOP OF WALL @ 2'-6" ABOVE GRADE

WATER LEVEL @ +/- 3'-6" ABOVE GRADE

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
4'-6" ABOVE GRADE

TOP OF WALL @ 2'-6" ABOVE GRADE

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
9'-6" ABOVE GRADE

6'-8"	8"

18'-4"

WATER LEVEL @ +/- 1'-4" ABOVE GRADE

14'-2"

WATER LEVEL @ +/- 2'-6" ABOVE GRADE

WATER LEVEL @ +/- 1'-4" ABOVE GRADE

2'-3" 8"

2'-3"

LOW SEATING BENCH TOP @ 1'-6" ABOVE

1'-11"

1'-11"

GRADE
UPPER WATER FEATURE
w/ INFINITI EDGE LOWER CATCH BASIN
MAIN WATER FEATURE w/ INFINITI EDGE

COPPER GAS FIRE BOWL TYP. OF 2 SITTING ON PEDESTAL, TOP @ 4'-6" ABOVE GRADE

WATER BUBBLERS, TYP, OF 5

Page 142

B-B A303

1
A301

PERMIT SETS ISSUED	08.23.22

Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

 
DIMENSION PLAN
1/4"=1'-0"

NOTE PLAN
1/4"=1'-0"

BOUGAINVILLEA

2"X8" TRELLIS JOIST @ 12" O.C. (TYP. OF 16)

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
9'-6" ABOVE GRADE

4"X10" TRELLIS BEAM
(TYP. OF 4)

6"X6" COLUMN (TYP OF 16)

1
A202

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
4'-6" ABOVE GRADE

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
9'-6" ABOVE GRADE

PERMIT SET 08.23.22

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @

Y:\DelrayProjects\!COMMERCIAL\2009076-AVENIR COCONUT BLVD ENTRY FEATURE\Sheet Files\A201-FLOOR PLAN.dwg, 8/23/2022 2:59:17 PM

4'-6" ABOVE GRADE

14'-8" OVERALL HEIGHT

2'-6"

1'-10"

10"

CL

9'-6" OVERALL HEIGHT

CL

4'-6" OVERALL HEIGHT

6"X6" COLUMN (TYP OF 16)
2'-6"

2"X8" TRELLIS JOIST @ 12" O.C. (TYP. OF 16)

2 TRELLIS SIDE ELEVATION

1/4"=1'-0"

BOUGAINVILLEA

2"X8" TRELLIS JOIST @ 12" O.C. (TYP. OF 16)

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
9'-6" ABOVE GRADE

4"X10" TRELLIS BEAM
(TYP. OF 4)

6"X6" COLUMN (TYP OF 16)

2
A202

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
4'-6" ABOVE GRADE

22'-0" OVERALL LENGTH

2

18'-6"

A202

2'-6"

4"X10" TRELLIS BEAM
(TYP. OF 4)

2'-6"

1'-10"

CL

14'-8" OVERALL HEIGHT

10"

CL

9'-6" OVERALL HEIGHT

CL CL

CL CL

CL CL

CL CL

CL CL

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @

4'-6" OVERALL HEIGHT

9'-6" ABOVE GRADE

1'-9"

1'-0"

1'-0"

1'-0"

1'-0"

1'-0"

Page 143

12'-6" WIDTH

1'-0"

1'-0"

1'-0"

1'-0"

1'-9"

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL TOP OF PEDESTAL @
4'-6" ABOVE GRADE

PERMIT SETS ISSUED	08.23.22

Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

1
A202

TRELLIS PLAN
1/4"=1'-0"

1 TRELLIS FRONT ELEVATION

1/4"=1'-0"

Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

08.23.22

PERMIT SETS ISSUED

1 ROOF PLAN

1/4"=1'-0"

Page 144

PERMIT SET 08.23.22

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B-B A303

1
A302

1.5" MECHANICALLY SEAMED METAL PANEL
ROOF, 16" WIDE PANELS, ATTACHED PER LATEST FLORIDA NOA OR
PRODUCT APPROVAL OVER POLYSTICK MTS PLUS SELF-ADHERING MEMBRANE OVER 30# FELT TIN TAGGED TO APA 40/20 19/32" EXPOSURE 1 PLYWOOD ROOF SHEATHING, PAINTED 'AGED BRONZE'

TOP OF DOME STRUCTURE @ 33'-0" ABOVE GRADE

COPPER FINIAL (SEE ELEVATIONS)

TOP OF FLAT STRUCTURE @ +/-23'-6" ABOVE GRADE

TOP OF TRELLIS STRUCTURE BELOW @ +/-14'-8" ABOVE GRADE

A-A A303

A-A A303

2
A302

2
A301

WATER FEATURE BELOW (SEE FLOOR PLANS)

B-B A303

1
A301

M4

M4

M3

M3

M2

M1

M1

P1

P1

M3

M3

M3

P1

SOUTH SIDE ELEVATION
1/8" = 1'-0"

EAST SIDE ELEVATION
1/8" = 1'-0"

Page 145

WALL CLADDING

M1

FLORIDA 'OOLITE' STONE NATURAL COLOR, HATCHET CUT

WALL CLADDING TREADS & RISERS FLORIDA 'OOLITE' STONE
NATURAL COLOR, SAW CUT

M3

WALL BANDINGS PRE-CAST STONE LIMESTONE FINISH,

M4

PAINTED METAL ROOF & ENGRAVED TEXT AGED BRONZE

PAINTED STUCCO & PAINTED ALUMINUM OC-141
'CHINA WHITE'

PERMIT SETS ISSUED	08.23.22

Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

PERMIT SET 08.23.22

Y:\DelrayProjects\!COMMERCIAL\2009076-AVENIR COCONUT BLVD ENTRY FEATURE\Sheet Files\A300-MATERIAL BOARD.dwg, 8/23/2022 1:19:11 PM

M2

P1

PERMIT SET 08.23.22

Y:\DelrayProjects\!COMMERCIAL\2009076-AVENIR COCONUT BLVD ENTRY FEATURE\Sheet Files\A301-ELEVATIONS.dwg, 8/23/2022 1:21:55 PM

A-A A303

METAL FINIAL PAINTED 'AGED BRONZE'

METAL ROOF PAINTED 'AGED BRONZE'

PRE-CAST STONE
BANDING

ENGRAVED TEXT PAINTED 'AGED BRONZE'

ALL TRELLIS MEMBERS INCLUDING COLUMNS, BEAMS, & JOISTS TO BE POWDER COATED ALUMINUM PAINTED TO MATCH AVENIR DRIVE
ENTRY FEATURE TRELLIS. ALL WELDS TO BE SMOOTH.

STONE CLADDING

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL

PROMINENT LIGHT FIXTURE (SPECIFICATION TO BE DETERMINED)

1
A301

STONE CLAD PEDESTAL WATER BUBBLERS,
TYP, OF 5

PRECAST STONE
CAP

WATER SCUPPER
(TYP.)

COPPER GAS FIRE BOWL
TYP. OF 2

1
A302

UPPER WATER FEATURE
w/ INFINITI EDGE

MAIN WATER FEATURE w/ INFINITI EDGE
PRECAST STONE
CAP

STONE CLAD LOW SEATING BENCH

STONE CLAD CATCH BASIN

PAINTED SMOOTH STUCCO

B-B A303

A-A A303

RIGHT (EAST) ELEVATION

2

1/4"=1'-0"

METAL FINIAL PAINTED 'AGED BRONZE'

METAL ROOF PAINTED 'AGED BRONZE'

PRE-CAST STONE
BANDING

ENGRAVED TEXT PAINTED 'AGED BRONZE'

STONE CLADDING

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL

PROMINENT LIGHT FIXTURE (SPECIFICATION TO BE DETERMINED)

PRECAST STONE CAP

ALL TRELLIS MEMBERS INCLUDING COLUMNS, BEAMS, & JOISTS TO BE POWDER COATED ALUMINUM PAINTED TO MATCH AVENIR DRIVE
ENTRY FEATURE TRELLIS. ALL WELDS TO BE SMOOTH.

WATER SCUPPER
(TYP.)

COPPER GAS FIRE BOWL TYP. OF 2

Page 146

2
A302

UPPER WATER FEATURE
w/ INFINITI EDGE

MAIN WATER FEATURE w/ INFINITI EDGE

STONE CLAD PEDESTAL

STONE CLAD LOW SEATING BENCH

WATER BUBBLERS, TYP, OF 5

PRECAST STONE CAP

2
A301

Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

08.23.22

PERMIT SETS ISSUED

B-B A303

FRONT (SOUTH) ELEVATION

1

1/4"=1'-0"

PERMIT SET 08.23.22

Y:\DelrayProjects\!COMMERCIAL\2009076-AVENIR COCONUT BLVD ENTRY FEATURE\Sheet Files\A301-ELEVATIONS.dwg, 8/23/2022 1:23:18 PM

A-A A303

METAL FINIAL
PAINTED 'AGED BRONZE'

METAL ROOF
PAINTED 'AGED BRONZE'

ENGRAVED TEXT PAINTED 'AGED BRONZE'

PRE-CAST STONE BANDING

ALL TRELLIS MEMBERS INCLUDING COLUMNS, BEAMS, & JOISTS TO BE POWDER COATED ALUMINUM PAINTED TO MATCH AVENIR DRIVE
ENTRY FEATURE TRELLIS. ALL WELDS TO BE SMOOTH.

STONE CLADDING

PROMINENT LIGHT FIXTURE
(SPECIFICATION TO BE DETERMINED)

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL

1
A302

PRECAST STONE CAP

WATER SCUPPER (TYP.)

COPPER GAS FIRE BOWL TYP. OF 2

STONE CLAD PEDESTAL

WATER BUBBLERS, TYP, OF 5

1
A301

UPPER WATER FEATURE w/ INFINITI EDGE
MAIN WATER FEATURE w/ INFINITI EDGE
PRECAST STONE CAP

PAINTED SMOOTH STUCCO

STONE CLAD CATCH BASIN

STONE CLAD
LOW SEATING BENCH

A-A A303

B-B A303

LEFT (WEST) ELEVATION

2

1/4"=1'-0"

METAL ROOF
PAINTED 'AGED BRONZE'

ENGRAVED TEXT PAINTED 'AGED BRONZE'

PRE-CAST STONE BANDING

STONE CLADDING

PRECAST STONE
CAP

PROMINENT LIGHT FIXTURE
(SPECIFICATION TO BE DETERMINED)

TRELLIS COLUMNS RESTING ON STONE CLAD PEDESTAL

ALL TRELLIS MEMBERS INCLUDING COLUMNS, BEAMS, & JOISTS TO BE POWDER COATED ALUMINUM PAINTED TO MATCH AVENIR DRIVE
ENTRY FEATURE TRELLIS. ALL WELDS TO BE SMOOTH.

WATER SCUPPER (TYP.)

WATER BUBBLERS,
TYP, OF 5

Page 147

2
A301

PRECAST STONE
CAP

STONE CLAD PEDESTAL PRECAST STONE
CAP

2
A302

PAINTED SMOOTH STUCCO

Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

08.23.22

PERMIT SETS ISSUED

WATER FEATURE EQUIPMENT AREA

B-B A303

REAR (NORTH) ELEVATION

1

1/4"=1'-0"

1.5" MECHANICALLY SEAMED METAL PANEL ROOF, 16" WIDE
PANELS, ATTACHED PER LATEST FLORIDA NOA OR PRODUCT
APPROVAL OVER POLYSTICK MTS PLUS
SELF-ADHERING MEMBRANE OVER 30# FELT TIN TAGGED TO APA 40/20 19/32" EXPOSURE 1 PLYWOOD ROOF SHEATHING, PAINTED 'AGED BRONZE'

STEEL ROOF STRUCTURE (SEE STRUCTURAL DWG's)

Y:\DelrayProjects\!COMMERCIAL\2009076-AVENIR COCONUT BLVD ENTRY FEATURE\Sheet Files\A301-ELEVATIONS.dwg, 8/23/2022 1:24:01 PM

A-A A303

METAL FINIAL
PAINTED 'AGED BRONZE' SUBMIT SHOP DWG's FOR APPROVAL

1.5" MECHANICALLY SEAMED METAL PANEL
ROOF, 16" WIDE PANELS, ATTACHED PER LATEST FLORIDA NOA OR
PRODUCT APPROVAL OVER POLYSTICK MTS PLUS SELF-ADHERING MEMBRANE OVER 30# FELT TIN TAGGED TO APA 40/20 19/32" EXPOSURE 1 PLYWOOD ROOF SHEATHING, PAINTED 'AGED BRONZE'
STEEL ROOF STRUCTURE (SEE STRUCTURAL DWG's)

B-B A303

METAL FINIAL
PAINTED 'AGED BRONZE' SUBMIT SHOP DWG's FOR APPROVAL

STEEL PLATE (SEE STRUCTURAL DWG's)

STEEL PLATE (SEE STRUCTURAL DWG's)

CONTINUOUS COPPER FLASHING BASE & COUNTERFLASHING
CONCRETE TIE BEAM (SEE STRUCTURAL DWG's)

PRECAST STONE BANDING
(SEE ELEVATIONS)

CONTINUOUS COPPER FLASHING BASE & COUNTERFLASHING
CONCRETE TIE BEAM (SEE STRUCTURAL DWG's)

PRECAST STONE BANDING
(SEE ELEVATIONS)

ENGRAVED TEXT PAINTED 'AGED BRONZE' IN PRECAST PANELING
(TYP. 4 SIDES)

ENGRAVED TEXT PAINTED 'AGED BRONZE' IN PRECAST PANELING
(TYP. 4 SIDES)

CMU WALL (SEE STRUCTURAL DWG's)

CMU WALL (SEE STRUCTURAL DWG's)

CONCRETE TIE BEAM (SEE STRUCTURAL DWG's)

HEAVY GAUGE METAL FRAMING
(SEE STRUCTURAL DWG's)

CONCRETE TIE BEAM (SEE STRUCTURAL DWG's)

HEAVY GAUGE METAL FRAMING
(SEE STRUCTURAL DWG's)

ALUMINUM TRELLIS FRAMING & COLUMNS (SEE FLOOR PLANS & STRUCTURAL DWG's)

5/8" DENSGLAS EXTERIOR GOLD SHEATHING ATTACHED TO HEAVY GAUGE METAL FRAMING w/ SMOOTH STUCCO FINISH

ALUMINUM TRELLIS FRAMING & COLUMNS (SEE FLOOR PLANS & STRUCTURAL DWG's)

5/8" DENSGLAS EXTERIOR GOLD SHEATHING ATTACHED TO HEAVY GAUGE METAL FRAMING w/ SMOOTH STUCCO FINISH

2
A302

PENDANT LIGHT FIXTURE (HINKLEY 'COMPASS' OPEN AIR COLLECTION,
1018OZ)

SMOOTH STUCCO FINISH PAINTED
OC-141 'CHINA WHITE' TYP. @ EQUIPMENT AREA WALLS)

POOL FOUNTAIN EQUIPMENT & EQUIPMENT CABINET (VERIFY w/ POOL DESIGNER)

STONE CLAD PEDESTAL PRECAST STONE
CAP

COPPER
WATER SCUPPER (TYP.)
UPPER WATER FEATURE w/ INFINITI EDGE
(SEE FLOOR PLAN)
COPPER GAS FIRE BOWL TYP. OF 2

2
A301

WATER BUBBLERS, TYP, OF 5

MAIN WATER FEATURE w/ INFINITI EDGE
(SEE FLOOR PLAN)

PRECAST STONE
CAP

2
A302

COPPER WATER SCUPPER
(TYP.)

STONE CLAD PEDESTAL
MAIN WATER FEATURE w/ INFINITI EDGE (SEE FLOOR PLAN)
STONE CLAD PEDESTAL

LOWER CATCH BASIN (SEE FLOOR PLAN)

STONE CLAD LOW SEATING BENCH

PENDANT LIGHT FIXTURE (HINKLEY 'COMPASS' OPEN AIR COLLECTION, 1018OZ)

2
A301

Page 148

STONE CLAD PEDESTAL

Job No. 2009076

ALL IDEAS, DESIGNS, ARRANGEMENTS, & PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, & THE PROPERTY OF THIS OFFICE. & WERE CREATED, EVOLVED, & DEVELOPED FOR USE ON, & IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E. STOFFT, ARCHITECTS, P.A. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALE DIMENSIONS. CONTRACTORS SHALL VERIFY & BE RESPONSIBLE FOR ALL DIMENSIONS & CONDITIONS ON THE JOB, & THIS OFFICE MUST BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TO THIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS SO NOTED. © 2022. ALL RIGHTS RESERVED RANDALL STOFFT ARCHITECTS P.A.

08.23.22

PERMIT SETS ISSUED

PERMIT SET 08.23.22

CONCRETE SLAB ON GRADE
(SEE STRUCTURAL DWG's)

A-A A303

CONCRETE FOOTING PAD BEYOND
(SEE STRUCTURAL DWG's)

FOUNTAIN STRUCTURE (SEE STRUCTURAL DWG's)

LOWER CATCH BASIN (SEE FLOOR PLAN)
STONE CLAD LOW SEATING BENCH

 BUILDING SECTION B-B 
1/4"=1'-0"

FOUNTAIN STRUCTURE (SEE STRUCTURAL DWG's)

CONCRETE SLAB ON GRADE
(SEE STRUCTURAL DWG's)

B-B A303

CONCRETE FOOTING PAD BEYOND
(SEE STRUCTURAL DWG's)

 BUILDING SECTION A-A 
1/4"=1'-0"

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08/19/2022

I	PROJECT
CLASSIC LLC.
StructuralEogineerlng

FARID ABUGATTAS, P.E.
STRUCTURAL ENGINEER
5968 NW 77TH TERRACE PARKLAND, FL 33067
PHONE: (954) 667 - 7803 FAX: (561) 665- 5438

I	I

P.E. LICENSE# 72471, CA#29407

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08119/2022

I	PROJECT
CLASSIC LLC.
StructuralEogineerlog

FARID ABUGATTAS, P.E.
STRUCTURAL ENGINEER
5968 NW 77TH TERRACE PARKLAND. FL 33067
PHONE: (954) 667 · 7803 FAX: (561) 665 5438

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1 SECTION
S3  SCALE, 314" = 1"

, ,
SECTIONCl/T

S3

ELECTRICAL SYMBOL LEGEND

GENERAL NOTES

SPECIFICATIONS

ELECTRICAL PANETLYSPCICHAELDULE
PNL TAG "A" GENERAL HOUSE PWR. (2)	PANEL TYPE:  LOAD CENTER (1)	PANEL AMPS:	200

MOUNTING	SU

00 INITIAL ISSUE

JWLE OPEN

5;/$1.  &'5%4+26+10

VOLTS:

120/240 1Ø-3W
BUS KVA

MFG:

SQUARED OR EQUAL
WIRE

POSITIONS:

12
WIRE

MIN. A.I.C

10,

BUS KVA

RFACE
000 AMPS SERIES RATED

NO.	DESCRIPTION	
1.	DRAWINGS ARE DIAGRAMMATIC AND SHALL NOT BE SCALED FOR THE EXACT LOCATION OF EQUIPMENT,	
	CABLEWAYS OR OTHER ITEMS. REFER TO THE ARCHITECTURAL PLAN AND ELEVATIONS FOR EXACT	
	LOCATION OF ALL EQUIPMENT AND CONFIRM WITH OWNERS' REPRESENTATIVES.	

2.	
THESE PLANS DO NOT SHOW EVERY MINOR DETAIL OF CONSTRUCTION. THE CONTRACTOR IS EXPECTED	
	TO FURNISH AND INSTALL ALL ITEMS FOR A COMPLETE ELECTRICAL SYSTEM AND MEET ALL	
	REQUIREMENTS NECESSARY FOR EQUIPMENT TO BE PLACED IN PROPER WORKING ORDER.	

3.	
ALL WORK SHALL BE DONE IN ACCORDANCE WITH ALL ELEMENTS OF THE FLORIDA BUILDING CODE (2020,	
	7TH EDITION) INCLUDING, BUT NOT LIMITED TO, THE BELOW SECTIONS OF THE NFPA. IN ADDITION, ALL	
	WORKMANSHIP AND MATERIALS SHALL COMPLY WITH APPLICABLE NATIONAL, STATE AND LOCAL CODES,	
	RULES, AND ORDINANCES.	
	70-17 (NATIONAL ELECTRIC CODE, 2017 EDITION)	
	72-16 (NATIONAL FIRE ALARM AND SIGNALING CODE, 2016 EDITION)	
	101-18 (LIFE SAFETY CODE, 2018 EDITION)	
4.	THE ELECTRICAL SYSTEM SHALL BE COMPLETELY AND EFFECTIVELY GROUNDED AS REQUIRED IN ARTICLE	
	250, NATIONAL ELECTRICAL CODE.	
5.	THE ELECTRICAL INSTALLATION SHALL MEET ALL STANDARD REQUIREMENTS OF POWER, LIGHT COMPANY	
	AND TELEPHONE COMPANY.	
6.	ALL WORK SHALL BE PERFORMED BY A LICENSED CONTRACTOR IN A FIRST CLASS, WORKMAN-LIKE	
	MANNER. THE COMPLETED SYSTEM SHALL BE OPERATIVE AND ACCEPTANCE BY ENGINEER/ARCHITECT	
	SHALL BE A CONDITION OF ANY SUB-CONTRACT.	
7.	THE ELECTRICAL CONTRACTOR SHALL PROVIDE A WRITTEN WARRANTY THAT SHALL GUARANTEE ALL	
	WORKMANSHIP AND MATERIALS FOR ONE YEAR FROM THE DATE OF FINAL WORK ACCEPTANCE BY THE	
	OWNER OR OWNERS REPRESENTATIVE	
8.	ARCHITECTURAL AND/OR ENGINEERING EXPENSES THAT ARE INCURRED DUE TO REVISIONS OR	
	SUBSTITUTIONS REQUESTED FOLLOWING THE ISSUE OF APPROVED DRAWINGS SHALL BE PAID FOR BY THE	
	CONTRACTOR.	
9.	ALL 15A AND 20A, 120V, GENERAL BRANCH CIRCUITS, CARBON MONOXIDE/SMOKE ALARM COMBO UNITS	
	AND LIGHTS ARE TO BE PROTECTED BY ARC FAULT CIRCUIT INTERRUPTING BREAKER-PER NEC WITH THE	
	EXCEPTION OF GARAGES AND THE EXTERIOR. ALL WET AREAS, INCLUDING BUT NOT LIMITED TO,	
	KITCHENS, BATHROOMS, UTILITY/LAUNDRY ROOMS, AND THE EXTERIOR, SHALL BE PROTECTED BY	
	GROUND FAULT INTERRUPTING CIRCUIT BREAKERS PER NEC. PROVIDE TAMPER RESISTANT TYPE	
	RECEPTACLES PER NEC, NORMALLY USED FOR GENERAL POWER AND ILLUMINATION.	

10.	
UNLESS OTHERWISE NOTED, ALL CONDUCTORS SHALL BE COPPER, WITH "THHN" INSULATION FOR SIZE #10	
	AND SMALLER. CONDUCTORS LARGER THAN #10 SHALL HAVE "THWN" INSULATION. ALL CONDUCTORS #10	
	AND SMALLER MAY BE SOLID. ALL CONDUCTORS #8 AND LARGER SHALL BE STRANDED.	

11.	
THE CONTRACTOR SHALL PAY FOR ALL PERMITS, FEES, INSPECTIONS, AND TESTS.	
12.	THE CONTRACTOR SHALL BE THOROUGHLY FAMILIARIZED WITH ALL ASPECTS OF THE PROJECT AND SHALL	
	VERIFY ALL CONDITIONS PRIOR TO CONSTRUCTION.	
13.	ALL INSTALLATIONS SHALL BE COORDINATED BY THE CONTRACTOR WITH OTHER TRADES TO AVOID	
	IMPACTS.	
14.	ALL REQUIRED CONSTRUCTION INSURANCE FOR PROTECTION AGAINST PUBLIC LIABILITY AND PROPERTY	
	DAMAGE FOR THE DURATION OF THE WORK SHALL BE PROVIDED BY THE CONTRACTOR.	

15.	
CORRECTION OF ANY DEFECTS SHALL BE COMPLETED WITHOUT ADDITIONAL CHARGE AND SHALL INCLUDE	
	REPLACEMENT OR REPAIR OF ANY PHASE OF THE INSTALLATION WHICH MAY BE DAMAGED.	

16.	
THE ELECTRICAL CONTRACTOR SHALL VERIFY ALL EQUIPMENT FOR PROPER VOLTAGE, PHASE, AND	
	CURRENT BEFORE CONNECTION TO CIRCUITS.	
17.	ELECTRICAL CONTRACTOR SHALL CHECK AND VERIFY EQUIPMENT FURNISHED AGAINST THOSE SPECIFIED	
	OR INTENDED AND REVISE BRANCH CIRCUITS AS MAY BE REQUIRED WITH PRIOR APPROVAL OF	
	ENGINEER/ARCHITECT.	
18.	ALL MATERIALS SHALL BE NEW AND SHALL BEAR UNDERWRITERS LABEL WHERE APPLICABLE.	
19.	EQUIPMENT SHALL BE U.L. APPROVED.	
20.	OUTLET BOXES SHALL BE PRESSED STEEL IN DRY LOCATIONS, CAST ALLOY WITH THREADED HUBS IN WET	
	LOCATIONS AND SPECIAL ENCLOSURES FOR OTHER CLASSIFIED AREAS.	
21.	DISCONNECT SWITCHES SHALL BE H.P. RATED, HEAVY DUTY, QUICK MAKE, QUICK BREAK, WITH	
	ENCLOSURES AS REQUIRED BY EXPOSURE.	
22.	CIRCUITS SHOWN ON PLANS ARE TO DETERMINE LOAD DATA AND PANEL SIZE. THE CONTRACTOR SHALL	
	PROVIDE CIRCUITS TO SUIT JOB CONDITIONS. ANY DEVIATIONS FROM THE APPOVED PLANS SHALL	
	GENERATE A REVISION, REVISED PLANS SHALL BE PRESENTED FOR REGULATORY REVIEW AND APPROVAL	
	PRIOR TO THE FINAL INSPECTION APPROVAL.	
23.	FURNISH AND INSTALL LIGHTING FIXTURES AND LAMPS AS CALLED FOR ON PLANS, OR AS SELECTED BY	
	OWNER.	
24.	SERVICE ENTRANCE EQUIPMENT FOR ALL ELECTRICAL ELEMENTS TO HAVE MIN. A.I.C. RATING OF 42,000	
	AMPS AND BE NEMA-3R RATED.	
25.	ALL ELECTRICAL EQUIPMENT AND CABLING RATED @ 75°C CONTINUOUS DUTY.	

NO.	DESCRIPTION	
1.	THE PURPOSE OF THIS DRAWING IS TO PROVIDE POWER ROUTING AND CONSTRUCTION DETAILS. THESE	
	PLANS DETAIL THE FINAL ARRANGEMENT OF EQUIPMENT AND THEIR ASSOCIATED APPENDAGES.	

2.	
ANY AND ALL QUESTIONS AS TO THE INTENT OF, OR PROCEDURES SET FORTH IN THESE DRAWINGS MUST	
	BE BROUGHT TO THE ATTENTION OF THE ENGINEER PRIOR TO THE SUBMISSION OF A BID. LACK OF	
	KNOWLEDGE OR UNDERSTANDING OF PLANS SHALL NOT JUSTIFY ANY CLAIMS OR EXTRA COMPENSATION.	

3.	
ALL SYMBOLS MAY NOT BE USED FOR THIS PROJECT.	
4.	PRIOR TO CONSTRUCTION, THE ELECTRICAL CONTRACTOR SHALL:	
	a. VERIFY ALL EXISTING CONDITIONS IN THE FIELD PRIOR TO CONSTRUCTION.	
	b. PRIOR TO CONSTRUCTION, THE ELECTRICAL CONTRACTOR SHALL COORDINATE THE ELECTRICAL	
	SERVICE WITH THE UTILITY'S REPRESENTATIVE.	
	c. NOTIFY THE ENGINEER OF ANY CHANGES REQUIRED TO COMPLETE NEW CONSTRUCTION.	
5.	ALL LIGHTING FIXTURES TO BE SELECTED BY OWNER/ARCHITECT, UNLESS OTHERWISE NOTED.	
6.	ARCHITECT TO SET MOUNTING HEIGHT FOR ALL FIXTURES WHERE APPLICABLE, UNLESS OTHERWISE	
	NOTED.	
7.	CONTRACTOR TO CONFIRM CABLE LENGTH FROM UTILITY TRANSFORMER/METER TO FIRST CONNECTION	
	POINT MEET THE NEC MINIMUM VOLTAGE DROP REQUIREMENTS.	
8.	ELECTRICAL CONTRACTOR SHALL VERIFY THE HEIGHT OF ALL EQUIPMENT PRIOR TO INSTALLATION.	
9.	SWITCHES ARE TO BE MOUNTED AT 42" ABOVE FINISHED FLOOR, UNLESS OTHERWISE NOTED.	
10.	ALL EXTERIOR EQUIPMENT TO BE NEMA 3R RATED.	
11.	ALL BONDING OF PIPE AND FOUNDATION STEEL SHALL BE IN ACCORDANCE WITH NEC 250.104	

A  B	LOAD

COND. SIZE POLE AMPS CKT BUS CKT AMPS POLE SIZE COND.

LOAD	A  B

0.4

LIGHT FIXTURE (2)

1/2"  12

1  20  1 X

2  35  2

8  3/4" POOL PUMP (2) (5) (7) (9)

3.1

0.0 SPARE

-  14

1  15  3

X  4  "

"  "  "  "

3.1

1.4
0.5

RECEPT, EXTERIOR
0.5 FIREBOWL (2)
FIREBOWL (2)

1/2"  14
1/2"  14
1/2"  14

1  15
1  15
1  15

5 X	6	15
7	X  8	15
9 X	10	35

1  14
1  14
2  8

1/2" POOL LIGHTS (2) (5) (7)
1/2" POOL TIME CLOCK
3/4" POOL PUMP (2) (5) (7) (9)

0.5

3.1

0.5

11	X 12  "

"  "  "  "

3.1

13 X

14  100  2

3 (1) 1-1/4" "B" GENERAL HOUSE PWR. (2)

9.0

15
17 X
19

X 16  "
18
X	20

"  "  "  "

7.2

ØA	18.0 KVA		PANEL LOAD CALCULATIONS		REMARKS:	
ØB	14.4 KVA		GENERAL KVA	32.4 KVA		(1) MAIN LUGS ONLY.	
		LIGHTS @125%	1.1 KVA		(2) CONFIRM ELECTRICAL REQUIREMENTS.	
FEEDER QTY	1		MOTOR + LARGEST @125%	14.0 KVA		(3) PROVIDE ARC-FAULT INTERRUPTING CIRCUIT BREAKER.	
FEEDER CU	3/0		REMAINDER @100%	13.3 KVA		(4) NON-CONCURRENT LOADS. PROVIDE "HACR" RATED BREAKER.	
GRND CU	(1) 6					(5) VERIFY LOCATION.	
COND.	(1) 2"		PANEL KVA	28.3 KVA		(6) POWER EVAPORATOR UNIT THROUGH CONDENSING UNIT. SEE MNF. INSTALL DIRECTION.	
			PANEL SERVICE AMPS	117.9		(7) POOL/SPA EQUIP. TO BE SUPPLIED W/ GFI BREAKER IAW NEC 680.22 (B).	
	(8) CONTROLLED THROUGH TIME CLOCK	
	(9) NEMA 3R ENCLOSURE	

WP GFI J

ELECTRICAL PANEL SCHEDULE	
PNL TAG	"B" GENERAL HOUSE PWR. (2)		PANEL TYPE:	LOAD CENTER (1)		PANEL AMPS:	100		MOUNTING	SURFACE	
VOLTS:	120/240 1Ø-3W		MFG:	SQUARED OR EQUAL		POSITIONS:	12		MIN. A.I.C	10,000 AMPS SERIES RATED	

BUS KVA	
LOAD	
COND.	WIRE SIZE	
POLE	
AMPS	
CKT	
BUS	
CKT	
AMPS	
POLE	WIRE SIZE	
COND.	
LOAD	BUS KVA	
A	B														A	B	
0.4		LIGHT FIXTURE (2)	1/2"	12	1	20	1	X			2	35	2	8	3/4"	POOL PUMP (2) (5) (7) (9)	3.1		
	0.0	SPARE	-	14	1	15	3			X	4	"	"	"	"	"		3.1	
1.4		RECEPT, EXTERIOR	1/2"	14	1	15	5	X			6	15	1	14	1/2"	POOL LIGHTS (2) (5) (7)	0.5		
	0.5	FIREBOWL (2)	1/2"	14	1	15	7			X	8	15	1	14	1/2"	POOL TIME CLOCK		0.5	
0.5		FIREBOWL (2)	1/2"	14	1	15	9	X			10	35	2	8	3/4"	POOL PUMP (2) (5) (7) (9)	3.1		
							11			X	12	"	"	"	"	"		3.1	

F

OUTLET BOX

FL

GROUNDING CONDUCTOR (GREEN)

TAPPED HOLE IN BOX

GROUNDING SCREW - #10 32 x 3/8" SLOTTED HEXAGON HEAD, WASHER FACE SCREW (TYPICAL)

R

R

CO
R	WIRE NUT

S S

(TYPICAL)

CONDUIT

S

(TYPICAL)	NOTE:

S S S

GROUNDING CONDUCTOR & NEURAL CONDUCTOR IN
MULTI-WIRE BRANCH CIRCUITS SHALL BE CONTINUOUS SO THAT REMOVAL OF DEVICE WILL NOT INTERFERE WITH CONDUCTOR CONTINUITY.

DESIGN DEVELOPMENT - NOT FOR CONSTRUCTION 08.12.22

ØA	9.0 KVA		PANEL LOAD CALCULATIONS		REMARKS:	
ØB	7.2 KVA		GENERAL KVA	16.2 KVA		(1) MAIN LUGS ONLY.	
		LIGHTS @125%	0.5 KVA		(2) CONFIRM ELECTRICAL REQUIREMENTS.	
FEEDER QTY	1		MOTOR + LARGEST @125%	14.0 KVA		(3) PROVIDE ARC-FAULT INTERRUPTING CIRCUIT BREAKER.	
FEEDER CU	3		REMAINDER @100%	2.9 KVA		(4) NON-CONCURRENT LOADS. PROVIDE "HACR" RATED BREAKER.	
GRND CU	(1) 8					(5) VERIFY LOCATION.	
COND.	(1) 1-1/4"		PANEL KVA	17.3 KVA		(6) POWER EVAPORATOR UNIT THROUGH CONDENSING UNIT. SEE MNF. INSTALL DIRECTION.	
			PANEL SERVICE AMPS	72.3		(7) POOL/SPA EQUIP. TO BE SUPPLIED W/ GFI BREAKER IAW NEC 680.22 (B).	
	(8) CONTROLLED THROUGH TIME CLOCK	
	(9) NEMA 3R ENCLOSURE	

MEP EQUIPMENT SHALL BE LOCATED ABOVE THE BASE FLOOD ELEVATION +1 FOOT, EXCEPT AS REQUIRED TO ADDRESS LIFE SAFETY REQUIREMENTS.

TYPICAL OUTLET

C4

OS	GROUNDING DETAIL
SCALE: N.T.S.

NOTES:

COMBO METER / LOAD CENTER

FEEDER SCHEDULE KEY NOTES

NO.	DESCRIPTION
100		200 AMP 2P, 3 WIRE FEEDER - (1) RUNS OF (1) 2" CONDUIT WITH (3) #3/0 MCM KCMIL COPPER WITH (1) 6 EQUIPMENT GROUND

METER

200A/2P MCB PNL 'A'
120-240V/1PH

BLDGND

TIME CLOCK 'A' T A-01
C

100A/2P MCB PNL 'B'
120-240V/1PH

TIME CLOCK 'B' T B-01
C

Page 152

200

BLD GRDN

100 AMP 2P, 3 WIRE FEEDER - (1) RUNS OF (1) 2" CONDUIT WITH (3) #2/0 COPPER WITH (1) 8 EQUIPMENT GROUND (2.7% VD AT 250 FT CABLE RUN)

PROVIDE (1) #2/0 GROUNDING ELECTRODE IN 1" PVC CONDUIT AND BONDED TO STRUCTURAL STEEL IN BUILDING FOOTER, METAL UNDERGROUND WATER PIPE AND METAL UNDERGROUND GAS PIPE (IF AVAILABLE) IN ACCORDANCE WITH NEC 250-50, PART III. PROVIDE MADE ELECTRODES CONSISTING OF COPPER CLADE GROUND RODS (IF FLUSH TEST WELLS) 5/8" X 10'-0". MEASURE RESISTANCE TO GROUND ADD ADDITIONAL GROUND RODS IF REQUIRED TO REACH THE 5 OHM LEVEL.

GRADE

TO FPL TRANSFORMER 120-240V/1PH/60HZ

GROUNDING BRIDGE ARLINGTON INDUSTRIES

100

MODEL #GB5 ZINC WITH PAINTABLE COVER

MIN 6'

BOND TO CWP.

200

POWER NOTES, CALCS, EQUIP. & RISER

POWER RISER
SCALE: N.T.S.

(x2) 5/8"Øx10FT GND ROD

BOND TO FOUNDATION STEEL

A4

GAS ISOMETRIC
SCALE: N.T.S.

A1	E101

DESIGN DEVELOPMENT - NOT FOR CONSTRUCTION 08.12.22

00 INITIAL ISSUE

JWLE OPEN

WATER SERVICE TO WATER FEATURE
BY OTHERS
(SEE CIVIL FOR UTILITY CONNECTION AND ROUTING)

TO EXISTING GAS LINE
(SEE CIVIL FOR UTILITY CONNECTION AND ROUTING)

PNL 'A' METER / MAIN COMBO - VERIFY LOCATION / PROVIDE INDEPENDENT UNISTRUT MOUNTING AS REQUIRED TO SUIT ACCESS AND FINAL EQUIPMENT LOCATIONS

GAS METER

GFI/WP

A-05

G

TO TC CONTROLLER

G                            G

G

WEST ENTRY FEATURE

G

LIGHT POLE (BY OTHERS)

NEW GAS SERVICE LINE

G

LIGHT POLE (BY OTHERS)

VERIF Y  ROUTING TO EXISTING UTILITY AND MIN. 2 PSI INLET
P  RESSURE AT NEW
METER

EAST ENTRY FEATURE

G                            G                            G                            G

EXISTING WATER SERVICE LINE

LIGHT POLE  (BY OTHERS)
E

LIGHT POLE (BY OTHERS)

SP

A-07
FIREBOWL

SP

A-09
FIREBOWL

OVERALL SITE PLAN - TYPICAL

PLAN NORTH

Page 153

ENLARGED PLAN - TYPICAL FEATURE (EAST SHOWN FOR REFERENCE)	PLAN

POWER PLAN 1ST LEVEL

NORTH

E201

EXHIBIT B

PROPOSAL

14
Coconut Blvd Entry Feature – Florida Oolite Rev. 07-31-2023

Prepared For:	Avenir Community Development District	4/5/2023 Reference:	 17393
Project:	Avenir Coconut Blvd Entry Features Attn:	 Mr. Keith O'Brien

Scope:	Natural Florida Oolite

We appreciate the opportunity to present to you the following scope and pricing:

Pricing
Item #	Scope	Price
1	Furnish & Install Oolite	$196,465.00
Total =  $196,465.00
Scope & General Details For Installation
1	Based On Design Documents By Randall Stofft Permit Set Dated 08.23.22	
2	Scope review to ensure work and areas is figured correctly will be required.	
3	All materials as previously supplied.	
4	The design requires tight tolerances by the structural sub contractors that proceed the stone and tile installation. We have assumed that the maximum deviation in the substrate will be 1/4" in 10'-0".	

5	Efflorescence - no warranty or guarantee against it is provided. Titan uses all mitigation efforts on substrate materials and uses premium setting materials. Despite these efforts efflorescence may occur on exterior work due to atmospheric conditions, soluble salts in rain water and other factors beyond our control.	
6	Installation setting material will be per means & methods established with GL	
7	Natural stone will be sealed with Sealers Choice Gold.	
8	Shop drawings for Titan manufacturing & Installation purposes only are included.	
10	Mutual schedule to be developed.	
11	Material lead time is approximately 12-16 weeks.	
12	Installation Materials used shall be by Titans preferred manufacturer	
13	Removal of other trades contaminants/bond breakers such as joint compound, paint, or stucco is excluded.	
14	All equipment including scaffolding for Titan to perform our scope is included.	
15	Inside of fountain wall is excluded and and should be non-pervious tile by others.	
16	Any other work in our trade that is not listed above is excluded.	

Prepared For:	Avenir Community Development District	4/5/2023 Reference:	 17393
Project:	Avenir Coconut Blvd Entry Features Attn:	 Mr. Keith O'Brien

Scope:	Natural Florida Oolite

17	All exterior elements require on going maintained and Titan recommends cleaning all stone and tile 2 times per year and applying sealer I time per year.	
18	All sales tax & delivery fees are included.	
19	Terms 25% Deposit / 25% Start / 25% Half Way / 25% Upon Completion	

James Blair

Approved Signature	Date

Printed Name

_F_u_r_u_R_E_H_o_R_1z_o_N_s_1,_N_c-_.	-•
PBoOx 1115 Hastings FL 32145	3878 Prospect Ave Suite 13 R1v1era Beach, FL 33404

May 11, 2023

QUOTATION

TO:	Avenir CDD
Attn: Keith O'Brian

We are pleased to offer you the following quote: Pod 5 Large Lake (4) Aerators with Lights
******************************************************************************
Description	Price
******************************************************************************

(4) 5HP 230V I PH Sunburst Aerators by Otterbine Barebo w/ 450', 600', 950' and I 000' of underwater cable

(4) 4-light LED Light Sets by Otterbine Barebo
wl 450', 600', 950' and I 000' of underwater cable Electrical installation
Directional bore
In-water installation Subtotal
Tax
Shipping
TOTAL

FUTURE HORIZONS, INC.

bJ  Wm.l tlJ
President

P (800) 682-1187	F (904} 692-1193	e inro@ruturehonzonsmc com

$82,780.05

$22,455.54

$31,187.50

$ 6,785.00

$ 3,000.00

$146,208.09
$  8,822.49
$  1.200.00
$156,230.58

w www futurehorizonsmc.com

_F_u_r_u_R_E_H_o_R_1z_o_N_s_1,_N_c-_.	-•	
pO Box 1115 Hastings FL 32145	3878 Prospect Ave Suite 13 Riviera Beach, FL 33404

May 11, 2023

QUOTATION

TO:	Avenir CDD
Attn: Keith O'Brian

We are pleased to offer you the following quote: Pod 6 South (2) Aerators with Lights
******************************************************************************
Description	Price
******************************************************************************

(2) 5HP 230V 3PH Sunburst Aerators by Otterbine Barebo w/ 650' and 1550' of underwater cable

(2) 4-light LED Light Sets by Otterbine Barebo w/ 650' and 1500' of underwater cable

Electrical installation In-water installation
Subtotal Tax Shipping TOTAL

FUTURE HORIZONS, lNC.

k	/
President

P (800) 682 1187	F (904) 692-1193	E info@futurehorizonsinc com

$48,121.02

$16,962.02

$17,340.00

$ 1,500.00

$83,923.02
$ 5,085.38
$	600.00
$89,608.40

wwww futurehorizonsrnc com

TEMPORARY FENCING PHOPOSAl/C ON rRAC1

Licensed • Bonded • Insured	2885 SE Jefferson St
www.danlelsfence.com	Stuart, Fl 34997

Phone: (772) 283-2383
(561) 747-3771
Fax:	(772) 283-2565	
To:	Avenir	Community	Development District	JOB: Avenir Town Center - Coconut
& Town Center Property Line Date: 5/17/2023	
Daniels Fence Corp.{lessor) hereby agrees to deliver and Imtall the rentalfontlng as set forth below, All materials related to the temporary fence shall be delivered and installed In good condition and positioned according to the direction and approval of the contractor, contractor's representative, or the property owner Lessee). While Danlels Fence Corp Is responsible to have locates performed for primary underground utilities, we are not responsible for performing secondary underground locates, le, (Secondary Lines that are not the property of a utilities company) electric, plumbing, phone or any other secondary underground lines which may or may not lie on the property and It is the sole responsibility of the contractor and/or property owner to locate such lines and mark their locations appropriately prior to the temporary fence installation, as fence posts are typically driven Into the ground. Any materials that are lost, damaged or need replacement will be billed to the lessee, including but not limited to a minimum trip charge of $350.00 plus material and any and all labor required for the replacement or repair. Daniels Fence Corp shall not be responsible for any delays as a result of an act of God, government authority or the like. Lessee Is responsible for all maintenance of said fencing Including but not limited to the removal of all weeds, shrubs, debris, and removal of any mounds of dirt, rock and the like of any kind which would hinder the removal of said fence. Lessee shall be responsible for the installation of any and all silt fencing if needed, as well as the removal of any slit fencing prior to the temporary fencing, complete with all components, being removed by Lessor. Further, Lessee shall be responsible for the removal of any and all windscreen prior to a hurricane. Lessor will reinstall windscreen if needed after a storm has passed at a rate of $2.00 per linear foot plus the mobilization fee. Lessee shall not alter, relocate or remove fencing, which Is the property of Lessor.
Additionally, this proposal/contract Is Initially set forth to include two trips to the proposed location, one for the Installation and one for the removal. Additional trips will be billed a trip charge plus labor and material, If required. Linear footage on this proposal/contract Is an estimate and any additional footage and/or changes required on the actual Job site will Increase the cost accordingly. The rental period Is for twelve months (minimum) Initially, and thereafter the lessee will be billed on a monthly basis. This proposal/contract does not Include permit costs., which shall be billed at the cost of the permit plus $150 courier fee, unless such Is supplied by the contractor/owner.
Core Drllllng and or Jack Hammer $1.00 per llnear foot • Hand Carry Fencing due to Inaccessible vehlcle access $1,00 per llnear foot• Hand Drive posts due to Inaccessible vehicle access $1.00 per linear foot • Panels with windscreen require driven posts ($15.00 each post), to prevent panel from falling over • Minimum 72 hours required In order to take down or otherwise remove fencing

Description	Notes	
	12 month rental period	
To furnish and install 3,820' of 6' high temporary		
fence (post-driven) and five (5) 24' x 6' high double­		
swing	gate.	All	fence	&	gate	to	have	green		
construction windscreen.		

By initialing below I hereby certify that the foregoing temporary fence has been installed per my Instructions and that all
materials thereof, including but not limited to all rollers (if used) and accessories, are in good working order, and all fence components are undamaged and in goo con itlon.
Intl, lessee  rt--	Date:	(,  °),I   O 13
Intl. lessor	Date: 	

Sub Total

$41,500.00

Date: _t_/4_'.f:1l_3

Tax
Total Price

1	1

Position: _ _C. n  t:. l <L - -­ 

Daniels Fence Signature: 	 _

Date:

Print Reps Name: Thomas Kahrhoff	Position: Estimator/Project Manager

Tim Gibbs
OSP Engineering Design
120 N K Street
Lake Worth, FL 33460
M S6l.706-6350/TG5l66@att.com

venir Communit	De elopment Di trict 250 I Burn Rd, uite

(5

Palm Beach Garden , FL 33410	p.	+)
tv \(..!> :l.O!l. \ BoNDSl Ass mt,.;>+ ArtP."Two	ro.Jt,C;

BILL OF	LE

FOR	GOOD	A D	VALUABL	O	IDER TIO	VENJR	COMMUNJTY
DEVELOPME T DI TRICT, a local unit of p cial purpo e go emment established pur uant to Chapter 190. Florida tatutes do s hereb bargain. el I, tran fer and con e unto Bel I outh Telecommunication•  LLC d/b/a  T&T Florida all right, title  and  int re t  in  and  to  the Conduit  a  de cribed  in  attached  ··Exhibit

TO HA VE A D TO HOLD unto the aid Grantee fore er.

WITNE	WH REOF, th	undersigned. ha e ecut d this Bill of	ale thi	J2.;l	da of June, 2023.

IR  OMM	ITV DEVELOPM	T
TRICT. a local unit of pecial purpose go ernment tabli hed	rsuant to	hapter 190. Florida tatute

Page 161

AfIEB BECQBUINQ RFTiiRNTQ·

PERMIT NUMBER:	_

NOTICE OF COMMENCEMENT

The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement
DESCRIPTION OF PROPERTY (Legal description of the property & st1eet address, if available) TAX FOLIO NO.: _N_/A	

SUBDIVISJON 	BLOCK.	TRACT	  ,LOT.	BLDG	 UNIT SEE  ATTACHED LEGAL DESCRIPTION - EXHIBIT "A"
2, GENERAL DESCRIPTION OF IMPROVEMENT:
INFRASTRUCTURE CONSTRUCTION FOR AVENIR TOWN CENTER BYPASS ROADS

3. OWNER INFORMATION OR LESSEE INFORMATION IF THE LESSEE CONTRACTED FOR THE IMPROVEMENT:
a Name and address: Avenir Community Development District, 2501A Burns Road, Palm Beach Gardens, FL 33410
b Interest in property: Owner and Permittee
c Name and add,ess offee simple litleholde, (if diffe,enl from Owner listed above): _S_A_M_E_A_S_O_W_N_E_R	 _
a CONTRACTOR'S NAME: HAND J CONTRACTING, INC,
Contractor's address: 3160 Fairlane Farms Road, Wellington Florida 33414 6 Phonenumber: (561) 791-1953
SURETY (if applicable, a copy of the payment bond is attached): a Name andaddress:_N /A
b Phone number: 	c Amount of bond:$,	 _

a. LENDER'SNAME:_N_/A	_
Lender's add1ess: 	 .b.Phone munber:.	_

Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13 (1) (a) 7., Florida Statutes:
Name and address: Jason Pierman, Avenir Community Development District, 2501A Burns Road, Palm Beach Gardens, FL 33410
b Phone numbers of designated persons -'(_5_6_1..;.}_6_3_0_-4_9_2_2	_
8. a. In addition to himselfor herself, Owner designates N/A 	of 	 _ to receive a copy of the Lienor's Notice as provided in Section 713.13 (1) (b), Florida Statutes_
b Phone numbc1 of person or entity designated by Owner: _N_/_A	_
9.Expiration date of notice of commencement (the expiration date will be 1 year from the date of recording unless a different date is specified)	20
WARNING TO OWNER. ANY PAYMENTS MADE BY THE OWNER AFTERTHEEXPIRATIONor THE NQm;E or C'OMMENCEMIZNT
-	'  .	J •	J	• •	::	.	' :-
\./1,aI JJ,A	&At-f!--0	ehA, R.  •

(Signature of

-' ,.

Authorized,  r ccr/Dircctor/Pnr1rtcr/Mn1111gcr}

(Print N	and Provide Signailiry's Title/Office)

,..

' L._
--.J---  ,4At.!l.-..---"t--_p,.,.---=.	 u_ry Pu_:_blle) )

Rev 10-15-12

State of County of

m8U, Aa..d,,m. , - 'TJ CL/lvC..

EXHIBIT "A"

LEGAL DESCRIPTION:

TRACT Rl, TRACT R2 AND TRCT 0-1 INCLUSIVE, "AVENIR TOWN CENTER" PLAT, AS RECORDED IN PLAT BOOK 135, PAGES 141 THROUGH 146 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

AEnlRRECOR.Plt-'G- l\li:11.l&lilQ. 

PERMIT NUMBER: 	

NOTICE OF COMMENCEMENT

The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement.
I. DESCRIPTION OF PROPERTY (Legal descriplion of the property & street address, if available) TAX FOLIO NO.: _N_/ A	 _
SUBDIVISION------------- BLOCK.	TRACT	 .LOT	BLDG	 UNIT	_

SEE ATTACHED LEGAL DESCRIPTION - EXHIBIT "A"

2, GENERAL DESCRIPTION OF IMPROVEMENT:
INFRASTRUCTURE CONSTRUCTION FOR AVENIR SPINE ROAD PHASE 5

3  OWNER INFORMA TJON OR LESSEE JNFORMA T!ON IF THE LESSEE CONTRACTED FOR TIIE IMPROVEMENT:
a Name and address Avenir Community Development District, 2501A Burns Road, Palm Beach Gardens, FL 33410
b Interest in property: Owner and Permittee
c Name and add1ess of fee simple titleholder (if different fiom Owne1 listed above): _S_A_M_E_A_S_O_W_N_E R	 _
4. a. coNTRACTOR's NAME: Centerline Utilities Inc.
Contracto1's address 2180 SW Poma Dr. Palm City, FL 34990	b Phone number: 561-689-3917

5 SURETY (ifapplicable, a copy of the payment bond is attached):
a Name and add1ess: _N_/_A 	 _
Phone number: 	c Amount ofbond:.$.	 _

6 a LENDER'S NAME: _N_/ A	_
Lender's add1ess:	 ,b PhonetH1tnlw1.	

Persons with in the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713 13 (1) (a) 7., Florida Statutes:
a  Name and address: Jason Pierman, Avenir Community Development District, 2501A Burns Road, Palm Beach Gardens, FL 33410
b Phone numbers of designated persons: _(_5_6_1_)_6_3_0_-4_9_2_2	
a. In addition to himselfor herself, Owner designates N/A	of	_ to receive a copy of the Lienor's Notice as provided in Section 713 13 (1) (b), Florida Statutes.
b Phone numbe1 of person or entity designated by Owner: _N_/_A	_
Expiration date of notice of commencement (the expiration date will be 1 year from the date of recording unless a different date is specified) 	• 20

•

' ,

'	'	•.

•

''

'

WARNING TO OWNER· ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT
ARE

,

ONSUI.i
El'1rr:

)1•11;;. or Lessee, or Ownr	or Lessee's
f'fi cr/.Dircctor/Pm·tner/1\J nn cr)

State of_

lb

. ,.J

R 	'

County of

()\  \ £1.,tf) \ - ,DCW,1.--,,

The foregoing instrument was acknowledged before me by means o sical presence orOonline notarization,
this	DL	day of_..._..,'"""-"  .	'lO k 3> ---- 

me_s £.n,.	-,

by	V¾ .	 Pf-(()	.as	C h.ei,P< {)t r crY\
for	f>w:t.'-nlrc<11	f l :ityJ e g. officer, trustee, attorney in fact)
(name of party on behalfofwhom i11s1nu11c111 nsexecuted)
Personally Known Produced ldt11tilicalin11 D	r

Avenir Spine Ro.11d

Rev 10-15-12

,,• • '·:-....	,'\;,CURA L. DIAZ
, \ Not ry Public·. State of Florida
"l	Commission II GG 351643
;	My Comm. Expires Oct 30, 20
Bonded through National Notary As

---1----r-b--"V-\/ - -.= 10

(Print, Type,

EXHIBIT "A"

SPINE ROAD PHASE 5 DESCRIPTION:

A PORTION OF PARCEL "A-1", AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY MOST SOUTHWEST CORNER OF TRACT Rl, AVENIR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,; THENCE, SOUTH 20° 31' 16" EAST FOR A DISTANCE OF 40.00 FEET; THENCE, SOUTH 69° 28' 44" WEST FOR A DISTANCE OF 349.54 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13° 51' 45", HAVING A RADIUS OF 1420.00 FEET, HAVING AN ARC DISTANCE OF 343.57 FEET, AND WHOSE LONG CHORD BEARS SOUTH 62° 32' 51" WEST FOR A DISTANCE OF 342.73 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 74° 03' 39", HAVING A RADIUS OF 1130.00 FEET, HAVING AN ARC DISTANCE OF 1460.64 FEET, AND WHOSE LONG CHORD BEARS NORTH 87° 21' 12" WEST FOR A DISTANCE OF 1361.06 FEET; THENCE, NS0° 19' 23" W FOR A DISTANCE OF 3327.58 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 39° 40' 37", HAVING A RADIUS OF 920.00 FEET, HAVING AN ARC DISTANCE OF
637.09 FEET, AND WHOSE LONG CHORD BEARS NORTH 70° 09' 41" WEST FOR A DISTANCE OF 624.44 FEET; THENCE, NORTH 90° 00' 00" WEST FOR A DISTANCE OF 202.26 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 59° 03' 01", HAVING A RADIUS OF 100.00 FEET, HAVING AN ARC DISTANCE OF 103.06 FEET, AND WHOSE LONG CHORD BEARS SOUTH 60° 28' 30" WEST FOR A DISTANCE OF 98.56 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 28° 06' 02", HAVING A RADIUS OF 250.00 FEET, HAVING AN ARC DISTANCE OF 122.61FEET, AND WHOSE LONG CHORD BEARS SOUTH 45° 00' 00" WEST FOR A DISTANCE OF 121.39 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 59° 03' 01", HAVING A RADIUS OF 100.00 FEET, HAVING AN ARC DISTANCE OF 103.06 FEET, AND WHOSE LONG CHORD BEARS SOUTH 29° 31' 30" WEST FOR A DISTANCE OF 98.56 FEET; THENCE, S00°00'00"E, A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING; THENCE, S00°00'00"E, A DISTANCE OF 1837.71 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 33° 26' 47", HAVING A RADIUS OF 1080.00 FEET, HAVING AN ARC DISTANCE OF 630.45 FEET, AND WHOSE LONG CHORD BEARS SOUTH 16° 43' 24" WEST FOR A DISTANCE OF 621.54 FEET; THENCE, S33°26'47"W, A DISTANCE OF 950.76 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 32° 47' 43", HAVING A RADIUS OF 920.00 FEET, HAVING AN ARC DISTANCE OF 526.59 FEET, AND WHOSE LONG CHORD BEARS SOUTH 17° 02' 56" WEST FOR A DISTANCE OF 519.43 FEET; THENCE, S00°39'0S"W, A DISTANCE OF 427.54 FEET; THENCE, S07°52'46"E, A DISTANCE OF 202.24 FEET; THENCE, S00°39'05"W, A DISTANCE OF 335.17 FEET; THENCE, S44°20'55"E, A DISTANCE OF 141.42 FEET; THENCE, N89°20'56"W, A DISTANCE OF 213.46 FEET; THENCE, N88°54'50"W, A DISTANCE OF 207.30 FEET; THENCE, N45°52'07"E, A DISTANCE OF 141.96 FEET; THENCE, N00°39'05"E, A DISTANCE OF 333.61 FEET; THENCE, N09°10'SS"E, A DISTANCE OF 202.24 FEET; THENCE, N00°39'05"E, A DISTANCE OF 427.54 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 32° 47' 43", HAVING A RADIUS OF 1080.00 FEET, HAVING AN ARC DISTANCE OF 618.18 FEET, AND WHOSE LONG CHORD BEARS NORTH 17° 02' 56" EAST FOR A DISTANCE OF 609.77 FEET; THENCE, N33°26'47"E, A DISTANCE OF 950.76 FEET TO THE BEGINNING OF A

CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 33° 26' 47", HAVING A RADIUS OF 920.00 FEET, HAVING AN ARC DISTANCE OF 537.05 FEET, AND WHOSE LONG CHORD BEARS NORTH 16° 43' 24" EAST FOR A DISTANCE OF 529.46 FEET; THENCE, N00"00'00"E, A DISTANCE OF 1837.71 FEET; THENCE, N90°00'00"E, A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 19.360 ACRES MORE OR LESS.

SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD.

RN1'0

PERMITNUMBER: 	 _

NOTICE OF COMMENCEMENT
The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713
Florida Statutes, the following information is provided in this Notice of Commencement
I. DESCRIPTION OF PROPERTY (Legal descliption of the property & street add1ess, if available) TAX FOLIO NO.: _N_/_A	 .
SUBDIVISION 	 BLOCK 	 TRACT		,LOT	 BLDG	 UNIT	_
 	
SEE ATTACHED LEGAL DESCRIPTION - EXHIBIT "A"

GENERAL DESCRIPTION OF IMPROVEMENT:
INFRASTRUCTURE CONSTRUCTION FOR AVENIR SPINE ROAD PHASE 6

3 OWNER INFORMATION OR LESSEE INFORMATION IF THE LESSEE CONTRACTED FOR THE IMPROVEMENT:
Name andaddress Avenir Community Development District, 2501A Burns Road, Palm Beach Gardens, FL 33410
b Interest in properly: Owner and Permittee
c Name and address of fee simple tilleholde1 (if different from Owne, Iisled above): _S_A_M_E_A_S_O_W_N_E R	 _
4 a CONTRACTOR'S NAME: Centerline Utilities Inc"
Contractor'saddress 2180 SW Poma Dr. Palm City, FL 34990	b Phone number: 561-689-3917

5. SURETY (if applicable, a copy of the payment bond is attached):
a Name and add,ess: _N_f A	 _
Phonenumber: 	c Arnounl of bond:$	 _

6a.. LENDER'S NAME: _N_/_A	 _

Lender's address:	'b.Phone llllmb<  ---------
Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713 13 (I) (a) 7, Florida Statutes:
a  Name and address: Jason Pierman, Avenir Community Development District, 2501A Burns Road, Palm Beach Gardens, FL 33410
b Phone numbe1s of designated persons: _(c._5_6_1_c)_6_3_0_-_4_9_2 2	 _
a. In addition to himself or herself, Owner designates N/A	of 	
to receive a copy of the Lienor's Notice as provided in Section 713 13 (I) (b), Florida Statutes.
b Phone number of person or entity designated by Owner: _N_/ A	 _
Expiration date of notice of commencement (the expiration date will be l year from the date of recording unless a different date is specified): 	,20 

WARNING IO OWNER· ANY PAYMENTS MADE BY THE QWNEI\AFTljRTME l!XJ'rnATION OF'IIll NO'flCE OF COMMENC"[;fy!ENT
ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713. e1\R1·L SECTION 713.13 i'LORIDJ\ STATUTG,<;, AND CAN

C'ONSlll,T

cr/Dircclor/Pnrl

r}

State of
County of

M,	uvni::Pa.cl.R

loA\ d.£L---

RES\	OVE  E TS TO	>	•.	'	''	'	•	'	•	OE

The foregoing  instrument  was acknowledged  before me by means o  ysical presence orOonline notarization, this   -     day of    J_	20_1,""-_?.:>"""'"-----	
by 	-'l-'--'-'-..,.,_--="-I	a-s- :....!....:;.:::.:....:....:.....µ.=_ ::.!!!..(_JY\_. 	 _

vt't

(type 11fam 1i_v, .
fo"r"-'<..,_...._. ,,._-"-"  ,t...,- \,,--..."'	.  Y)U	J..JI
ed)

officer, trustee, attorney in fact)

_j,,

, 1• r:\ Notary Public - State of Flori
t'	Cornf\li1sion # GG 351643
r- -' My'Comm. Ex0!re1 Oct 30, 2023
"''"_son_de_d th_roug;h.,_National Nota..r_y ,A..s.s..n,.,Cl'rint, Ty

i eImI p Co111missi

Rev 10-15-12

EXHIBIT "A"

SPINE ROAD PHASE 6 DESCRIPTION:

A PORTION OF PARCEL "A-1", AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE WESTERLY MOST SOUTHWEST CORNER OF TRACT Rl, AVENIR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,; THENCE, NORTH 70° 42' 21" WEST FOR A DISTANCE OF 6298.93 FEET TO THE POINT OF BEGINNING; THENCE, N90°00'00"W, A DISTANCE OF 3304.00 FEET; THENCE, N0l028'46"E, A DISTANCE OF 160.05 FEET; THENCE, N90°00'00"E, A DISTANCE OF 3299.87 FEET; THENCE, soo·oo'00"E, A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 12.128 ACRES MORE OR LESS.

SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD.

NOTIFICATION OF FPL FACILITIES

Customer/Agency Avenir Community DEvelopment District Developer/Contractor Narne
Location of Projecl Coconut Blvd & Bypass Rd FPL Representative StaceyLlebla Developer/ConlractorRepresentalive 

Date of Meeting/Contact: 08/15/2023
Project Number/Name:Avenir - Bypass Rd(Near Town Ctr) City: Palm BeachGardens
Phone: 561-906-2030
FPL Work Request #!Work Order#: 12619682 &12619708 (st ill

FPL calls yourattention to thefact that there may be energtzed, high voltage electriclines, both overhead and underground, located in the area of this project. ti ls Imperative that you visually survey the area and that you also take the necessary steps to Identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed Improvements will bring any person, tool. machinery, equipment or object closer lo FPL's power lines thanthe OSHA-prescribedlimits. If it will, you must either re-design your project to allow ll to be built safely given the pre-existingpower line location, or make arrangements with FPL to either deenergize and ground our facilities, or relocate them, possibly at your expense. You must do this before allowing any construction near the power llnes. ItisImpossible for FPL to know or predict whether or not the contractors or subcontfactors, and lhelr employees, will operale or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, iii dangerous proximity to such power lines during the course of construclion, and, if so, whenand where. Therefore,if it becomes necessary for any contractor or subcon1ractor,or their employees, to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer lo underground or overhead power lines than Is perrnltled by local, state or federal regulations, you and any such contractor or subcontraclor must notify FPL in writing of such planned operalion prior to lhe commencement thereof and make al/ necessary arrangementswith FPL In order to carry out lhe work ina safe manner. Any work in the vicinity of the electriclines should be suspended until these arrangements are finalized and Implemented.
The Natlonal Electrical Safety Code ('NESC') prescribesminimumclearancesthat must be maintained. If you build your structureso that lhose clearances cannot be maintained, you may be required to compensateFPL for the relocationof our facilities to comply wllh those clearances. As such, you should contact FPL prior to commencing constructionnear pre-exlsling underground or overhead power lines to make sure that your proposed improvement does not Impinge upon lhe NESC clearances.
IIis your responsibility and the responsibilityof your contractors and subcontractorson !hisproject lo diligently fulfill the followingobligations:
	Make absolutely certainthat allpersons responsible for operating or handling cranes,digging apparatus,dragllnes, mobile equipment or any equipment, tool, ormaterial capable of con1ac1Ing a powerllne,are in compliancewith allapplicablestale and federal regulations, Including but no[ limited to U.S. Department of Labor OSHA Regulations,whileperformingtheir work.
Make sure lhat all cranes,digging apparatus, draglines, mobile equipment, and all other equipment or materialscapable of contacting a power linehave attached lo them any warning signs required by U.S.Department of Labor OSHA Regulations.
Post and mai11lainproperwarning signsand adviseall employees, new and oldalike, of their obllgalfon to keep themselves, !heir tools, materialsand equipment away from power lines per the following OSHA minimum approach distances(refer to OSHA regulations for restrictions):

'Power Line Voltages	"Personnel and Equipment	Cranes and Derricks	Travel under or near Power Lines (onconstruction sites, no load)	
	(29 CFR1910.333and 1926.600)	(29 CFR1926.1407,1408)	(29CFR 1926.600- Equipment) (1926.1411-Cranesand Derricks)	
0 -750 volts	10 Feet	10 Feet	4 Feet	4 Feel	
751 - 50,000volts	10 Feet	10 Feel	4Feel	6Feet	
69,000volts	11Feet	15Feet	10Feel	10Feel	
115,000volls	13Feel	15Feet	10Feet	10Feel	
138,000volts	13 Feet	15 Feel	10 Feel	10 Feet	
230,000 veils	16 Feel	20 Feet	10 Feet	10 Feet	
500,000 volts	25 Feel	25 Feet	16 Feet	16 Feet	
'When uncertain of the voltage,maintaina distance of 20 feet for voltagesup to 350,000volts and 50 feet for voltagesgreater than 350,000volts. "Forpersonnel approachingInsulatedsecondary conductors less than 750 volls,avo:d conlacl (Mallllaln10 Feet tobare energized conductors less than 750 volls).For qualifiedpersonnelandinsulatedaerial lih equipment meeting requirements of 29CFR 1910.333,distances may be reduced lo those shown In29 CFR 1910.333Table S-5.
	All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends)In advance of commencement of excavationto ensure facilities are locatedaccurately.
	Conduct all localions and excavations In accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention & Safely Act and all localcity andcountyordinances that may apply.
	When an excavation is lo takeplace withina tolerancezone, an excavator shall use Increasedcaution lo protect underground tacllilles. Theprotection requires hand digging,pot holing, soil digging, vacuummethods, or similar procedures to identify underground rac!IUles,
A copy of this nollfication must beprovided by you to each conlraclor and subC011tractor on thisproject, to be shared wlfh their supervision and employees prior to

commencing work on thisproject.

Form 360 Rev.1ill9/12

5/30/23, 4:19 PM	Landmark Web Official Records Search

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

AVENIR TOWN CENTER BYPASS ROAD
CFN 20230143927
OR BK 34272 PG 76
RECORDED 5/1/2023 3:39 PM

Palm Beach County, Florida Joseph Abruzzo, Clerk
Pgs: 76 - 82; (7pgs)

BY DEVELOPER AGREEME:t.  a he 2Jt,ay   of 	 1  .2023, by and

between  AVENIR  COMMUNITY-  DE!  LOPMENT  DISTRJC..hereinafter referred  to as
"Developer" and SEACOAST UTILI	HORITY, hereinafter referred to as "Authority", the parties have entered into an agreemen  or  e provision of water and/ or sewer utility service(s) to the property(ies) owned and/or cont o  y Developer in Palm Beach County, Florida and described in Exhibit "A" attached hereto nd de a part hereof, hereinafter referred to as the "Property".
in consideration of Authority executing the Deve  er Agreement, the terms and conditions of which arc incorporated herein by reference as tho.. .,,,..,.,..-s:Yset forth herein, Developer has agreed to certain matters, including but not limited to the f

Developer has agreed to construct certain on-sife and off-site water treatment and distribution facilities and sewage collection and disposal c · :cs and make payment of certain rates, fees and charges to the Authority in accordance with lie  hority's Service Code as it may be amended from time to time.
Developer has granted Authority the exclusive right to pr i  ater and sewer service to the Property and will grant to or procure for the Authority all neces-ary on-site and off-site easements, rights-of-way, rights of ingress and egress to any part of the property for the operation of the Authority's utility facilities. In the event Developer fails to deliver any easements required by Authority, upon the Authority's election, this Developer Agreement shall serve as the Authority's authorization to substitute the Developer Agreement as a recorded easement sufficient for the Authority's needs.
The Developer Agreement and this Memorandum of Developer Agreement are binding upon Developer and its respective assigns and successors by merger, consolidation, conveyance or otherwise which shall be subject to the terms and conditions of the Developer Agreement and this Memorandum of Developer Agreement, including but not limited to any allocation of hydraulic share and escalation of rates, fees and charges. In the event of a conflict between the terms of this Memorandum of Developer Agreement and the terms of the Developer Agreement, the terms of the Developer Agreement shall control. The rights and obligations of any assigns and successors of Developer can be determined by a review of the complete Developer Agreement and a copy of which can be obtained at the address of the Authority as listed below.

Page 1 of 7

5/30/23, 4:19 PM	Landmark Web Official Records Search

CFN 20230143927
OR BK 34272 PG 77
Pg: 2 of7

AVENIR TOWN CENTER BYPASS ROAD

IN WITNFSS \- OF, this Memorandum of Developer Agreement was executed this
c:l..(e  day of	,/,-/ I	, 2023.

SEACOAST UTILITY AUTHORITY

ida33410

Print Name Notary Pub'e---

Commission	o.	.2.;J.. 3 5	7
My Commission fa : 6 7/LJ" / c:,.;).3

Page 2 of 7

5/30/23, 4:19 PM	Landmark Web Official Records Search

CFN 20230143927
OR BK 34272 PG 78
Pg: 3 of7

AVENIR TOWN CENTER BYPASS ROAD

WITNESSES:	DEVELOPER:

AVENIR COMMUNITY DEVELOPMENT
DISTRICT

By:

/1la	c\
	 c_l	1._ ()

c:	_R_o_b-er-t o Huo rw i tz', v ic7e C h a u7p e o-n-

STATE OF FLORIDA
COUNTY OF MIAMI-DADE	•
,

oberto Horwitz

The foregoing instrument was acknowled   ,,.f\,re me by means o physical presence or D online notarization, this l lth day of /\ :ril		by on behalf of such corporation. The above-named individual is	known to me or D has produced
as identification.

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

Page 3 of 7

5/30/23, 4:19 PM	Landmark Web Official Records Search

CFN 20230143927
OR BK 34272 PG 79
Pg: 4 of7

AVENIR TOWN CENTER BYPASS ROAD

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

WITNESSES:

PROPERTY OWNER:

STATE OF 		 COUNTY OF 	

The foregoing instrument or D oniine notarization, this corporation.

eans of D physical presence
'\-+-------'--'Z:at:a---'	by on behalf of such
me or D has produced

Notary Signature

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

Page 4 of 7

5/30/23, 4:19 PM	Landmark Web Official Records Search

CFN 20230143927
OR BK 34272 PG 80
Pg: 5 of7

AVENIR TOWN CENTER BYPASS RO

RTGAGEE )OINDER AND CONSENT

WITNESSES:

MORTGAGEE:

STATE OF	
COUNTY OF 	

The foregoing instrument was a
or D online notarization, this corporation.

re me by means of D physical presence
	 by on behalf of such
,l y known to me or D has produced

Notary Signature;t..

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

Page 5 of 7

5/30/23, 4:19 PM	Landmark Web Official Records Search

CFN 20230143927
OR BK 34272 PG 81
Pg: 6 of7

AVENIR TOWN CENTER BYPASS ROAD
PROPERTY DESCRIPTION

A PORTION OF PARCEL "A-3", AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 8511-IROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY D SCRIBED AS FOLLOWS:
COMMENCING AT Tl.I-!;  THWEST CORNER OF PARCEL A-3, AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROU( 1·09 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE SOUTH L,  0F AID PARCEL A-3, AVENIR, NORTH 86° 54' 02" EAST, A DISTANCE OF 52.25 FEET; THENCE ALONG A1 SOUTH LINE, NORTH 86° 53' 53" EAST, A DISTANCE OF 87.77 FEET; THENCE DEPARTING SAID SO  LINE, NORTH 47°19'57" WEST, A DISTANCE OF 118.63 FEET; THENCE CONTINUE NORTH 47°19'57' EST, A DISTANCE OF 20.88 FEET TO A LINE BEING 40.00' EAST OF AND PARALLEL TO THE EAST RlGH= -0 -WAY LINE OF COCONUT BOULEVARD (TRACT R2); THENCE

ANGLE OF 90° 00' 00", HAVING A RADIUS OF 64.00 FEET, Bk  fI

ALONG SAID PARALLEL LIN , .ORTH 01° 33' 47" WEST, A DISTANCE OF 466.72 FEET TO THE BEGINNING OF A CURVE TO  IE Is T THROUGH A CENTRAL ANGLE OF 13° 04' 58", HAVING A RADIUS OF 1500.00 FEET, HAVING .N 'RC DISTANCE OF 342.50 FEET, AND WHOSE LONG CHORD BEARS NORTH 08° 06' 15" WEST F'	!STANCE OF 341.76 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID CUR:V T-0 THE LEFT THROUGH A CENTRAL ANGLE OF 05° 52' 32", HAVING A RADIUS OF 1500.00 FEET, H  N. AN ARC DISTANCE OF 153.82 FEET, AND WHOSE LONG CHORD BEARS NORTH 17° 35' 00" WEST		!STANCE OF 153.75 FEET; THENCE NORTH 20°31'16" WEST, A DISTANCE OF 56.64 FEET; THEN<%, S  TH 49° 41' 04" EAST, A DISTANCE OF 103.97 FEET; THENCE NORTH 80°00'00" EAST, A DISTANCE :  I · .08 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 80° 00'			YING A RADIUS OF 89.00 FEET, HAVING AN ARC DISTANCE OF 124.27 FEET, AND WHOSE LON  I'! RD BEARS NORTH 39° 59' 56" EAST FOR A DISTANCE OF 114.42 FEET; THENCE NORTH 00°0 ' ' WEST, A DISTANCE OF 156.46 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROU		NTRAL ANGLE OF 90° OD' 08", HAVING A RADIUS OF 136.00 FEET, HAVING AN ARC DISTAN E Q  ?1363 FEET, AND WHOSE LONG CHORD BEARS NORTH 44° 59' 56" EAST FOR A DISTANCE OF  .3 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 1143.90 FEET TO THE BEGINNING OF A eURVE TO THE LEFT THROUGH A CENTRAL
AN ARC DISTANCE OF 100.53 FEET, AND WHOSE LONG CHORD BEARS NORTH 45° DO' DO" EAST . R  DISTANCE OF 90.51 FEET; THENCE, NORTH 00° 00' 00" WEST, A DISTANCE OF 396.85 FEET TO THE B '  1lNG OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 28° 42' 10", HAVING A RAD lJ O. 261.00 FEET, HAVING AN ARC DISTANCE OF 130.75 FEET, AND WHOSE LONG CHORD BEA	TH 14° 21' 04" EAST FOR A DISTANCE OF 129.39 FEET TO THE BEGINNING OF A NON-TANGENT  .  VE TO THE LEFT THROUGH A CENTRAL ANGLE OF 12° 34' 34", HAVING A RADIUS OF 400.00 FEET		NG AN ARC DISTANCE OF
87.80 FEET, AND WHOSE LONG CHORD BEARS SOUTH 81° 04' 19" EAS FOR A DISTANCE OF 87.62 FEET TO THE WEST LINE OF AVENIR SITE PLAN I - POD I PLAT, AS RECORDED IN PLAT BOOK 128, PAGE 35 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, SOUTH 00° 00' 00" EAST, A DISTANCE OF 129.01 FEET; THENCE, NORTH 90° 00' 00" WEST, A DISTANCE OF 54.63 FEET; THENCE, SOUTH 00° 00' 00" EAST, A DISTANCE OF 379.60 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 62° 25' 55", HAVING A RADIUS OF 128.00 FEET, HAVING AN ARC DISTANCE OF 139.47 FEET, AND WHOSE LONG CHORD BEARS SOUTH 31° 12' 57" WEST FOR A DISTANCE OF 132.68 FEET; THENCE, SOUTH 15° 23' 37" EAST, A DISTANCE OF 27.21 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 15° 23' 37", HAVING A RADIUS OF 117.00 FEET, HAVING AN ARC DISTANCE OF 31.43 FEET, AND WHOSE LONG CHORD BEARS SOUTH 07° 41' 49" EAST FOR A DISTANCE OF 31.34 FEET; THENCE, SOUTH 00° 00' 00" EAST, A
DISTANCE OF 1164.68 FEET; THENCE SOUTH 86° 08' 53" WEST, A DISTANCE OF 54.12 FEET; THENCE, NORTH 00° 00' 00" EAST, A DISTANCE OF 1168.31 FEET TO THE BEGfNNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 15° 23' 37", HAVING A RADIUS OF 63.00 FEET, HAVING AN ARC DISTANCE OF 16.93 FEET, AND WHOSE LONG CHORD BEARS NORTH 07° 41' 49" WEST FOR A DISTANCE OF 16.88 FEET; THENCE NORTH 15°23'37" WEST, A DISTANCE OF 27.00 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 1151.13 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 90° 00' 08", HA YING A RADIUS OF 72.00 FEET, HAYING AN
ARC DISTANCE OF 113.10 FEET, AND WHOSE LONG CHORD BEARS SOUTH 44° 59' 56" WEST FOR A DISTANCE OF 101.83 FEET; THENCE SOUTH 00°00'08" EAST, A DISTANCE OF 156.46 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 80° 00' 08", HAVING A RADIUS OF 153.00 FEET, HAVING AN ARC DISTANCE OF 213.63 FEET, AND WHOSE
LONG CHORD BEARS SOUTH 39° 59' 56" WEST FOR A DISTANCE OF 196.70 FEET; THENCE SOUTH 80°00'00" WEST, A DISTANCE OF 128.22 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 18.35 FEET; THENCE SOUTH 32°41'02" WEST, A DISTANCE OF 62.59 FEET TO THE POINT OF BEGINNING.A PORTION OF PARCEL "A-3", AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACI-1 GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT "A"
Page 6 of 7

5/30/23, 4:19 PM	Landmark Web Official Records Search

..

CFN 20230143927
OR BK 34272 PG 82
Pg: 7 of7

AVENIR TOWN CENTER BYPASS ROAD

COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A-3, AVENIR, AS RECORDED IN PLAT BOOK 127, PAGES 85 THROUGH I09 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID PARCEL A-3, AVENIR, NORTH 86° 54' 02" EAST, A DISTANCE OF 52.25 FEET; THENCE ALO1  . AID SOUTH LINE, NORTH 86° 53' 53" EAST, A DISTANCE OF 87.77 FEET; THENCE DEPARTING S	OUTH LINE, NORTH 47°19'57" WEST, A DISTANCE OF I 18.63 FEET; THENCE CONTINUE NORTH 47°19' J" EST, A DISTANCE OF 20.88 FEET TO A LINE BEING 40.00' EAST OF AND PARALLEL TO THE EAS		li,!T-OF-WAY LINE OF COCONUT BOULEVARD (TRACT R2); THENCE ALONG SAID PARALLEL  I ; ORTH 01° 33' 47" WEST, A DISTANCE OF 466.72 FEET TO THE BEGINNING OF A CURVE  ·  THE LEFT THROUGH A CENTRAL ANGLE OF 13° 04' 58", HAYING A RADIUS OF 1500.00 FEET. HAYN ;-6',N ARC DISTANCE OF 342.50 FEET, AND WHOSE LONG CHORD BEARS NORTH 08° 06' 15" WES E RA DISTANCE OF 341.76 FEET; THENCE NORTH 32°41'02" EAST, A DISTANCE OF 62.59 FEET; THE CE NORTH 00°00'00" EAST, A DISTANCE Of 18.35 FEET; THENCE NORTH 80°00'00" EAST, A DISTANC ·  128.22 fEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF    O'  8", HAVING A RADIUS OF 153.00 FEET, HAVING AN ARC
DISTANCE OF 213.63 FEET. AND WHCS ·		ONG CHORD BEARS NORTH 39° 59' 56" EAST FOR A DISTANCE Of 196.70 FEET; THENCE N	J		00°00'08" WEST, A DISTANCE OF 156.46 FEET TO THE
BEGINNING OF A CURVE TO THE RIGH  · OUGH A CENTRAL ANGLE OF 90° 00' 08", HAVING A RADIUS OF 72.00 FEET, HAYING AN ARC DI A 'E OF 113.10 FEET, AND WHOSE LONG CHORD BEARS NORTH 44° 59' 56" EAST FOR A DISTANC O  01.83 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 530.41 FEET TO THE POINT OF B  , 1 1G; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°00'00" EAST,/./ ·1 :11 NCE OF 1066.62 FEET; THENCE NORTH 90°00'00"
WEST, A DISTANCE OF 1.74 FEET; THENCE sou ·  0°00'00" EAST, A DISTANCE OF 176.58 FEET;

THENCE SOUTH 86°53'53" WEST, A DISTANCE O  .I FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 234.45 FEET; THENCE NORTH 90°00'0 "  · T, A DISTANCE OF 11.74 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 1013.62 FEET T  H · OINT OF BEGINNING

EXHIBIT "A"

Page 7 of7

AVENIR SPINE ROAD PHASE 5
PrepaTed 13y: Jennifer Millette Seacoast Utility AuthOl'ity 4200 Hood Road
PBG, FL 33410

CFN 20 3007:!118
ORBK34156 PC 1632
-, c::0 Xi	1 3/3/21):23 3: ?  P?111
P!l.lm.B>!W\ ··o,.mzy.Fli:im.
J1JSt:1ph Ab ' j, Gl,: •; Pg!:':; 163:l - l1F·1; (6pgr.)

MEMORANDUM OF DEVELOPER AGREEMENT

BY DEVELOPER AGREEMENT dated the 2..1j"1ayof	, 2023, by and
between AVENIR COMMUNITY DEVELOPMENT DISTRJCT,LLC..hereiter referred to as
"Developer'' and SEACOAST UTILITY AUTHORITY, hereinafter referred to as "Authority'', the parties have entered into an agreernent for the provision of water and/or sewer utility service(s) to the property(ies) owned and/ or controlled by DevelopeJ in: Palm Beach County, Florida and described in Exhibit 11A11 attached_hereto and made a part hereof, hereinafter referred t0 as the "Property".

Jn consideration of Authority executing the Developer Agreement, the terms and conditions of which are incorporated herein by reference as though fully set forth herein, Developer bas agreed to certain matters, including but not limited to the following:

Developer has agreed to cpnstruct certain on-site and off-site watei- h·eatrnent and distribution facilities and sewage collection and disposal facilities and make payment of certain rates, fees and charges to the Authority in.accordance with the Authority's Service Code as it may be amended from time to time.

Developer has granted Authority the exclusive right to provide water and sewer service to the Property and will grant to or procure for the Authority all necessary on-site and off-site easements, rights-of-way, rights of ingress and egress to any part of the property for the operation of the Authority's utility facilities. In the event Developer fails to deliver any easements required by Authority, upon the Authority's election, this Developer Agreement shall serve as the Authority's authorization to substitute the Developer Agreement as a recorded easement sufficient for the Authority's needs.

The Developer Agreement and this Memorandum of Developer Agreement are binding upon Developer and, its respective assigns and successors by merger, consolidation, conveyance or otherwise which shall be subject to the terms and conditions of the Developer Agreement and this Memorandum of Developer Agreement, including but not limited to any allocation of hydraulic share and escalation of rates, fees and charges. In the event of a conflict between the terms of this Memorandum of Developer Agreement and the terms of the Developer Agreement, the terms of the Developer Agreement shall control. The Tights and obligations of any assigns and successors of Developer caR be determined by a review of the complete Developer Agreement and a copy of which can be obtained at the address of the Authority'as listed below.

AVENIR SPINE ROAD PHASE 5

(1	.

IN WITNESS WHEREOF, this Memorandum of Developer Agreement was executed this
		day of tw:llA	2023.

SEACOAST UTILITY AUTHORITY
4200 Hood Road
Palm Beach Gardens, F,	ida 33410
/

the foregoing instrument was acknowJe¢ged before me by means of □ physical presence or a oniine notarization this _Q_g_day of   ,.,_,tt,0=-'---V+="--'lf------------' 2023, by Ron Ferris, and Jessica Moore, Chair and Authority Clerk, res ectively of Se. oast tility Aut11ority, who are both personally known to me.

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

AVENIR SPINE ROAD PHASE 5

WITNESSES:	DEVELOPER

AVENIR COMMUNITY DEVELOPMENT DISTRIC

The foregoing instrument,..	acknowled e before me by means of Cf-J'.5nysica1presence

as identification.

1	1

 O	R	-,

0

{'I		

or D online notarization, this- -	day of	r	by on behalf of such corporation. The above-named individual is □Lp'ersonally kn wn to me or □ has produced

AVENIR SPINE ROAD PHASE 5

TOlNDER AND CONSENT OF PROPERTY OWNER
	If other than Develo er	

WITNESSES:	PROPERTY OWNER:

STATE OF 		 COUNTY OF 	

The foregoing instrume1 or D online notarization, this
corporation. The above-named in 'yi

efore me by means of D physical presence
,#---------- by on behalf of such personally known to me or D has produced

Notary Signature

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

AVENIR SPINE ROAD PHASE 5

MORTGAGEE )OINDER AND CONSENT

WITNESSES:	MORTGAGEE:

STATE OF 	 COUNTY OF 		

The foregoing instrument was acknowledged before me by me

of □ physical presence

or □ online notarization, this 		day of ----------,,-, byon behalf of such corporation. The above-named individual is □ personally know	to me or □ has produced
	as identification.

Pr·	Name
tary Public - State of Florida Commission No.
My Commission Expires:

AVENIR SPINE ROAD PHASE 5

PROPERTY DESCRIPTION

COMMENCING AT THE l\tSTERLY MOST SO\JlHY/OlT CORNER or TRACT RI, AVENIR, ACCOROlNG TO 'IHE PLAT 1HEREOF, AS RECOROED IN PLAT BOOK 127, PAOES 65 THROUGH 109, PUBUC RECORDS OF PAUi BEACH COUH1Y, FLORIDA. ; lHENCE, soum 20' 31' 10· EAST fOR A
DISTANCE Of 40.00 FEET; lliENCE, SOUTH 69' 28' «• VIES! rOR A DISTANCE OF J49.54 FEET TO THE BEGINNING OF A CURVE TO THE
LEFT THROUGH A CENffiAL ANGLE or tY 51' 45", HA'vlNG A RADIUS Of 1420,00 FEIT, HAVING AN ARC DISTANCE OF 343.5'7 F"EET, AND l'tl-lOSE LONG CHORD BEARS SOOlH 62' J2' 51" ViEST FOR A DISTANCE: OF 342.7J m:r lo lHE BEGINNING Of A CURVE TO 1HE RIGHT THROUGH A CENlRAL ANGI.£ OF 74' 03' 39", HA'ilNG A RADIUS OF 1130.00 rm, HAVINO AN ARC DISTANCt: Of 1460,6+ FEET, AND \1,1-JOS(
LONG CHORD BEARS NORTH 87' 21' 12" \liEST FOR A DISTANCE OF 1J61.0S FEET; THENCE, N50' 19' 23" 'll FOR A DISTANCE OF JJ27.!i8 FEET TO THE Br.GINNINO Cf A CURVE TO THE LETT lliROUGH A CENlRAL ANGLE OF J9' 40' 37", HA.VINO A RADIUS Of 920.00 FEET, HAVING AN ARC DISTANCE OF 6J'T.09 FEET, ANO WHOSE LONG CHORD BEAAS NORlH 70' 09' ·41" WEST roR A DISTANCE OF 624.44 FEET;
THENCE, NORTH 90' 00' 00" l'l!ST FOR A OISTANCE OF 202.25 FEET TO lHE BEGINNING OF A CUR\'E TO lHE LEFT THROUGH A CEN'IRAL ANGLE OF 59' 03' 01", HA NG A RADIUS OF 100.0D FEET, HA\l!NC AN ARC DISTANCE OF 103.05 fEET, ANO WtlOSE I.ONG CHORD BEARS SDUTH 60' 28' 30• ¼£ST FOR A DISTANCE OF 98,56 FEET TO THE 8EGtNN1NO OF A CURVE TO THE RIGHT THROUGH A crnTRAL ANGLE Of 28' 06' 02•, HA\IING A RADIUS OF 250.00 FEET, HAVING AN ARC DISTANCE OF 122,61 F£U, AND WHOSE LONG CHORD BEARS SOUTH 45' 00'
00" wtST FOR A DISTANCE OF 121.39 FEET TO lllE BEGINN!NO or A CUR\'E TO THE LEFT THROUGH A CENlRAI. ANGLE or 59' OJ' 01·,
HA\'lNG A RADIUS or 100.00 FEET, HAVING AN ARO DISTANCE Of 103,06 F'E.ET, AND YIHOSE LONG CHORD BEARS SOUlH 29' 31' 30• YJEST FOR A DISTANCE OF 98.56 FEET: THENCE, SOO'OO'OO"E, A DISTANCE r'.6' 17.()(J f'EET TO THE: POINT OF BEGINNING: lHENCE. S001JO'oo·E, A
DISTANCE OF 1837.71 mr TO THE BEGINNING OF A CURVE TO THE RIGHT nlROUGH A CENlRAL ANGLE OF J3' 26' 47", HAVING A RADIUS
OF 1080.00 FEET, HAI/ING AN ARC DISTANCE OF 630.45 FEET, AND \\HOSE LONG CHORD BURS SOUTH 16' 4J' 2+• WEST FOR A DISTANCE
OF 621.64 F£ET; THENCE, SJJ'26'47"W, A DISTANCE OF 50,76 Fe."ET TO lliE BEGINNING OF A CURVE TO lHE L.EfT lHROUGH A CENlRAL ANGLE OF 32' 47' 4,3•, HAVING A RADIUS Of 920,00 FEET, HAVING AN ARC DISTANCE OF' 526.59 mr, AND m!OSE LONG CHORO BEARS SOUlH 17' 02' W WEST FOR A DISTANCE OF 519,43 FEET; THENCE, SOO'J9' "W, A OISTANC!': OF 427.54 FEET; 1Hi::NCE, S0'7'52'4G•E. A DISTANCE Of' 202.24 FEET: TH£NCE. SOD'39'os·w, A DISTANCE Of 335.17 FEE'.T; lHENet:, S44'20'5s"E, A DISTANCE Of' 141.42 FEET: THENCE,
N6ll'20'56"W, A DISTANCE OF 213.46 FEET; lliENCE, N88'54'50"W, A OJSTANCE OF 207.JD FEET; THENCE, N45'52'07"E. A DISTANCE OF
141.96 FEET: lHENCf, NOO'J9'05 E, A DISTANCE Of 333.61 mT: nlENCE, N09'10'55"E, A DISTANC£ OF 20224 FEET; THENCE, N00'39'0s·E, A DISTANc.E Or 427.&4 fEET TO THE 8EGINNING OF A CURVE TO THE RICH'r THROUGH A CENTRAL ANGLE OF 32' 47' 43", HAl/1NG A RADIUS OF 1080.00 FEET, HAI/ING NI ARC DISTANCE OF 616,16 Ff:ET, ANO \\HOSE LONG cHORO BtARS NORTH 17' 02' 56" EAST FOR A
DISTANCE OF 609.17 FEET: 1HENCE, N3J'26'47"E, A DISTANCE OF 950.76 FEET TO 'THE BEGlNNINC Of A CURVE TO lHE LEFT THROUGH A mAL ANGU! OF JJ' 26' 7•, HA\'lNG A RADIUS OF !120,0D mr, HAVING AN ARC DISTANCE OF 537.05 FE£T, AND \\1-lDSE LONG CHORD
BEARS NORTH 16' 43' 24" EAST FOR A DIS'fANCE 529.46 FEEr; lHENCE, NOO'OO'OO"E, A DlSTANCE OF 18.37.71 FEET; 1HENCE. N90'00'00"E, A DlS'f-'t--lCt OF 160,00 FEET TO THE POINT OF ElEGINNING.

EXHIBIT "A"

AVENIR SPINE ROAD PHASE 6

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

CFN :20.2:30072117
OR BK 34156 PG 16:26
c	ORDED 3l3t.ao·:e 3:13 Plii! P:Dw. Be:IJ"1'1C. ,,Jluy,Tioriil.
J,)::i:.']?h 1\bruZ9:i, GJ,m-;
Ii; : 1626 - 1631; (6pg;-)

MEMORANDUM OF DEVELOPER AGREEMENT

BY DEVELOPER AGREEMENT dated the 2i.f'i!llayof f.ihvl,LJ1,9 
between  AVENJR  COMMUNITY  DEVELOPMENT  DISTRICT.. herei	er

, 2023, by and referred  to  as

"Developer" and SEACOAST UTILITY AUTHORITY, hereinafter referred to as "Authority'', the parties have entered into an agreement for the provision of water and/ or sewer utility sexvice(s) to the property(ies) owned and/or controHed by Developer in Palm Beach County, Florida and described in Exhibit "A" attached hereto and made a part hereof, hereinafter refened to as the "Property".
In consideration of Authority executing the Develope1· Agreement, the terms and conditions of which are incorporated herein by reference as though fully set forth herein, Developer has agreed to certain matters, including but not limited to the following:

Developer has agreed to construct ceJ'tain on-site and off-site water treatment and distribution facilities and sewage collection and disposal facilities and make payment of certain rates, fees and charges to the Authority in accordance with the Authority's Service Code as it may be amended from time to time.
Developer has granted Authority the exclusive right to provide water and sewer service to the Property and will grant to or procure for the Authority all necessary on-site and off-site easements, rights-of-way, rights of ingress and egress to any part of the property for the operation of the Authority's utility facilities. In the event Developer fails to deliver any easements required by Authority, upon the Authority's election, this Developer Agreement shall serve as the Authority's authorization to substitute the Developer Agreement as a recorded easement sufficient foT the Authority's needs.

The Developer Agreement and this Memorandum of Developer Agreement are binding upon Developer and its respective assigns and successors by mergeI, consolidation, conveyance or otherwise which shall be subject to the terms and conditions of the Developer Agreement a11d this Memorandum of Developer Agreement, .including but not limited to any allocation of hydraulic share and escalation of rates, fees and charges. In the event of a conflict between the terms of this Memorandum of Developer Agreement and the terms of the Developer Agreement, the terms of the Develope1· Agreement shall control The rights and obligations of any assigns and successors of Developer can be determined by a Teview of the complete Developer Agreement and a copy of which can be obtained at the address of the Authority as listed below.

Page 1 of 6

AVENIR SPINE ROAD PHASE 6

IN WITNESS WHER ·OF, this Memorandum of Developer Agreement was executed this
M day of --4".L-L.Q'-.J.'IJ.l!-..\----'4--------'  2023.

SEACOAST UTILITY AUTHORITY
4200 Hood Road
Palm Beach Gardens, E '<fi·ida 33410

Ron

The foregoing instrun ent was ackn dged before me by means of□ physical presence or □ online notarization thisday of	(l.A.-M\.\		, 2023, by Joseph Lo Bello, and Jessica Moore, Chair and AuthorityClerk, respectively of Seacoast Utility Authority, who are both personally known to me.	{	,

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

Page 2 of 6

AVENIR SPINE ROAD PHASE 6

WITNESSES:	DEVELOPER:

AVENIR COMMUNITY DEVELOPMENT DISTRICT

B_Y.·

Vi.r

STATEOF	 Of	fr_O.
couNTY oF	\a= L		e_

The foregoing instrumen	 acknowled ed before me by means of	ical presence
or □ online notarization, this	day of --+,>,-....+;.11,,..L,<\,.._,....,.	 _, by on behalf of such

N i:

corporation. The above-named individual is 19-p'ersonally k	wn to me or □ has produced
as identification.

Notary Public - State of Florida

Commission No.
My Commission Expires:

AVENIR SPINE ROAD PHASE 6

JOIN DER AND CONSENT OF PROPERTY OWNER
(If other than Developer)

WITNESSES:	PROPERTY OWNER:

STATE OF 	 COUNTY OF 		

The foregoing instrument was ac 1owledged before me by means of□ physical presence or □ online notarization, this -	y of 	  , by on behalf of such corporation. The above-named indiv'aual. is D personally known to me or □ has produced

	as identi cation.

Notary Signature

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

AVENIR SPINE ROAD PHASE 6

MORTGAGEE TOINDER AND CONSENT

WITNESSES:	MORTGAGEE:

STATE OF 		_ COUNTY OF 	

The fmegoing instrnment was acknowledged b	e me by means of D physical presence
or D online notarization, th'			of ---r--------'	by on behalf of such corporation. The above-nam	·	a		ally known to me or □ has produced
	as
I

Notary Signature

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

AVENIR SPINE ROAD PHASE 6

PROPERTY DESCRIPTION

COMMENONG AT 11-IE WESTERLY MOST SOUTH\\EST CORNER Of TRACT Rl, AVENIR, ACCORDING TO lHE PLAT THEREOF, AS RECORDED IN PLAT BOOK 127, PAGfS 85 THROUGH 109, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIOA, : THENCE, NORTH 70' 42' 21" \\EST FOR A
OISTANCE or 6298,93 rm TO THE POINT CJ" BEGINNING; THENct, N90'00'oo"w, A DISTANCE Of 3J04.00 FEET; THENCE, N01'28'46"E, A
DISTANCE OF 160,05 Fm;  THENCE, N90'00'00"E, A DISTANCE or J299.67 Fm; THENC€, SOO'OO'OO"E, A DISTANCE OF 160.00 fEET TO THE
POINT Of BEGINNING,

EXHIBIT "A"

CONSIDER RATIFICATION OF H&J TOWN CENTER BYPASS ROAD AGREEMENT

TO BE DISTRIBUTED UNDER SEPARATE COVER

Monthly Managers Report August 24, 2023

Date of Report: 8/16/2023	Submitted by: Richard Salvatore

Completed Tasks
“Emergency Call Box” has been installed in the gym.
The repair of the fire sprinkler backflow, by ADT, has been completed to pass the annual fire inspection.
Removal and replacement of dead or dying bushes in the pool deck light bed has been completed by CPM.

Ongoing Tasks
Removal of dead/dying trees along the clubhouse lakebed by Arizoza Bros.

Future Items
Addition of the following items:
Storage shed near the pump station.

Proposals for consideration
Gym “After Hours” Usage Schedule.
Extended Evening hours and earlier morning hours
5 AM open – 12 AM Close
Access Control Project (Bids provided)
Addition of access control on perimeter pool gates for additional safety and security.
Addition of access control points on the Pickleball and Tennis gate to eliminate the “lock and key” system currently in place, to stop unauthorized usage.
Extended hours are also possible with this system, ex: the early morning crowd can enjoy courts before work.
Addition of an “Aquatics Program” (Handout Provided)
Services include private, semi-privates, small group, and “Mommy and me” classes.
Vendor is used at other Vesta-managed properties and can provide lifeguard training, CPR training, and staffing for aquatics lessons.

Page 190

Lifestyle Directors Report

Date of Report: 8/16/2023	Submitted by: Patrice Chiaramonte

Completed Events:
Sundae Fun Day – Sunday, June 4th , 1:00pm to 3:00pm
This summer, Sundae Funday was introduced as a poolside party where patrons were invited to join their neighbors on the pool deck with a poolside ice cream bar, fixings galore, and lots of smiles.

Tee Time – Saturday, June 17th , 12:00pm to 2:30pm
What a great day for the Avenir Fathers & Grandfathers to tee off in the Event Hall for an afternoon of golf, darts, cornhole, and cards to celebrate Father’s Day. Festivities included a golf simulator and light bites! What a grand Par-Tee it was for all.

July 4th Celebration- Saturday, July 1st 1:00pm to 4:00pm

The July 4th Event was a big hit, with Sixty-seven families stopping for summer fun. Patrons were greeted with a goody bag, The kids loved the obstacle course and stilt walker, while the adults gravitated more towards the food trucks and Caricature artists. All age groups mingled on the event lawn, enjoying a late afternoon ice cream treat, while the music added to the party atmosphere.

Page 191

Rock the Block- Friday July 14th 6:00pm to 9:00pm
Over eighty residents came out for an evening of pop-rock music from the Kinected Band. The event hall turned into a rock concert that the whole family enjoyed! Crazy Cuban Flavor & Royal Palm Ice Cream trucks were available for purchase in the front of the clubhouse.

Sundae Funday - Sunday July 23rd 1:00pm to 3:00pm
This was the second Sundae Funday of the summer, based around ice cream, music, and crafts! DJ Danny provided the music while over fifty Patrons danced and enjoyed their ice cream! A craft area was also set up where patrons made Tye Dye towels.

Drive-In Movie Night - “Grease”- Friday, July 28th 7:00pm to 9:00pm
The event hall was turned into a cozy movie theatre for Grease! Popcorn was served with candy, chips, and drinks for all participants.

Root Beer Float Day Sunday August 6th 1:00pm to 3:00pm

This summer's third Sunday Funday was themed around “National Root Beer Float Day”! Residents enjoyed DJ Parisi, canvas arts & crafts, and freshly made Root beer floats!

Page 192

Margarita Mingle -Saturday August 12th 4:30pm to 7:30pm
Margarita Mingle was a great event! Twisted Smoke BBQ and Fuente de Sodas food trucks were on site for attendee enjoyment. Potions and Motions provided a cash bar and beverages while a one-man band set the tone for the island vibes with his live steel drum. It was a perfect end of summer party for all to kick back and spend time with their neighbors.

Upcoming Events:
Paint Night
Friday, August 18th 6:30pm to 8:30pm
Patrons will enjoy a night of relaxation and creativity with local artists in an open-air setting. They pre-pick their design prior to the event and will be guided and taught throughout their process. Held in the event hall, it will be a beautiful setting for an upscale art class to be enjoyed amongst friends.

Teen Night: Laser Tag
Friday, August 25th , 8:00pm to 10:00pm
This event is for the teens of Avenir! Laser Tag will be a night of fun and an opportunity for teens to meet and get to know each other in the community. The event hall will become a glow-in-
the-dark laser tag field. We’ve received a large inquiry of requests for a teen night, and the community is pumped for this event!

Page 193

Field Operations Manager Report

Date Submitted: 08\16\2023	Submitted by: Jorge Rodriguez

Completed Tasks
The new shoe wash station for the Har-tru clay tennis courts has been installed.
The East Entry Fountain fixture pump has been replaced, as was previously approved.
Along Avenir Drive, the clubhouse stairs, the walkways, and the walls have been pressure washed, surface scrubbed, and treated for algae.
The main entry of the clubhouse has been pressure washed, including the sidewalks, curbs, and pavers in the road.
Several pavers at the pool deck that were sinking have been regraded and reinstalled.
Two spigots have been installed along the Tennis court and playgrounds, to allow for water supply for pressure cleaning of these areas.
Weekly pressure cleaning is completed on both playgrounds now that water is available.
Both water fountains at the tennis court and playground have been repaired.
Weekly Projects
All maintenance items completed are tracked via a weekly checklist, but below is a brief overview of weekly and daily maintenance items.
All garbage cans outside the clubhouse and Avenir Drive sidewalks are emptied and cleaned weekly.
All garbage cans inside the tennis and pickleball courts are emptied and cleaned as needed.
All inside light fixtures are inspected daily, and replaced as needed.
Exterior Lights are inspected daily by security vendor.
6 Clay Tennis Courts have been raked and rolled 3x per wee
Monday, Wednesday, Friday.
All Amenity grounds are blown every morning to remove debris, webs, and rabbit feces, and to ensure safe conditions.
The spider webs around the Club House and the Playgrounds have been cleaned weekly.
Both playgrounds are pressure washed weekly, including tightening and adjusting all equipment.
All pools, splash pad, spa, and fountains are maintained daily to DOH standards.

Current and Upcoming Projects:
We are currently waiting on parts to fix the leaking pool rinse shower by the lap pool
This is an ongoing issue; the interior springs and valves controlling water flow have been failing.
We are awaiting a solenoid valve and ignitor to repair the pool deck fire pit.

Page 194

AVENIR COMMUNITY DEVELOPMENT DISTRICT AUDITOR SELECTION
EVALUATION CRITERIA

Ability of Personnel (10 Points).

(E.g., geographic locations of the firm's headquarters or permanent office in relation to the project; capabilities and experience of key personnel; evaluation of existing work load; proposed staffing levels, etc.)

Proposer’s Experience (10 Points).

(E.g. past record and experience of the Proposer in similar projects; volume of work previously performed by the firm; past performance for other Community Development Districts in other contracts; character, integrity, reputation of Proposer, etc.)

Understanding of Scope of Work (10 Points).

Extent to which the proposal demonstrates an understanding of the District's needs for the services requested.

Ability to Furnish the Required Services (10 Points).

Present ability to manage this project and the extent to which the proposal demonstrates the adequacy of Proposer's financial resources and stability as a business entity necessary to complete the services required (E.g. the existence of any natural disaster plan for business operations).

Price (10 Points).

Points will be awarded based upon the price bid for the rendering of the services and reasonableness of the price to the services.

AVENIR COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSALS

District Auditing Services for Fiscal Years 2022/2023, 2023/2024 and 2024/2025 With Two Year Option (2025/2026 and 2026/2027)
Palm Beach County, Florida

AVENIR COMMUNITY DEVELOPMENT DISTRICT AUDITOR SELECTION INSTRUCTIONS TO PROPOSERS

SECTION 1. DUE DATE. Sealed proposals must be received no later than September 27, 2023 at 4:00 p.m., at the offices of District Manager, located at 2501A Burns Road, Palm Beach Gardens, Florida 33410.

SECTION 2. FAMILIARITY WITH THE LAW. By submitting a proposal, the Proposer is affirming its familiarity and understanding with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Proposer will in no way relieve it from responsibility to perform the work covered by the proposal in compliance with all such laws, ordinances and regulations.

SECTION 3. QUALIFICATIONS OF PROPOSER. The contract, if awarded, will only be awarded to a responsible Proposer who is qualified by experience and licensing to do the work specified herein. The Proposer shall submit with its proposal satisfactory evidence of experience in similar work and show that it is fully prepared to complete the work to the satisfaction of the District.

SECTION 4. REJECTION OF PROPOSAL. Proposers shall be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization.

SECTION 5. SUBMISSION OF PROPOSAL. Submit two (2) copies of the Proposal Documents and one digital copy, and other requested attachments at the time and place indicated herein, which shall be enclosed in an opaque sealed envelope, marked with the title "Auditing Services - Avenir Community Development District" on the face of it.

SECTION 6.  MODIFICATION AND WITHDRAWAL.  Proposals may be
modified or withdrawn by an appropriate document duly executed and delivered to the place where proposals are to be submitted at any time prior to the time and date the proposals are due. After proposals are opened by the District, no proposal may be withdrawn for a period of ninety (90) days.

SECTION 7. PROPOSAL DOCUMENTS. The proposal documents shall consist of the notice announcing the request for proposals, these instructions, the Evaluation Criteria Sheet and a proposal with all required documentation pursuant to Section 12 of these instructions (the "Proposal Documents").

SECTION 8. PROPOSAL. In making its proposal, each Proposer represents that it has read and understands the Proposal Documents and that the proposal is made in accordance therewith.

SECTION 9. BASIS OF AWARD/RIGHT TO REJECT. The District reserves the right to reject any and all proposals, make modifications to the work, and waive any informalities or irregularities in proposals as it is deemed in the best interests of the District.

SECTION 10. CONTRACT AWARD. Within fourteen (14) days of receipt of the Notice of Award from the District, the Proposer shall enter into and execute a Contract (engagement letter) with the District.

SECTION 11. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District's limited waiver of liability contained in section 768.28, Florida Statutes, or any other statute or law.

SECTION 12. MISCELLANEOUS. All proposals shall include the following information in addition to any other requirements of the proposal documents.

List position or title of all personnel to perform work on the District audit. Include resumes or each person listed; list years of experience in present position for each party listed and years of related experience.

Describe proposed staffing levels, including resumes with applicable certifications.

Three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person.

SECTION 13. PROTESTS. Any protest regarding the Proposal Documents, must be filed in writing, at the offices of the District Manager, within seventy-two (72) hours after receipt of the Request for Proposals and Evaluation Criteria or other contract documents. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to the aforesaid Request for Proposals, Evaluation Criteria, or other contract documents.

SECTION 14. EVALUATION OF PROPOSALS. The criteria to be used in the evaluation are presented in the Evaluation Criteria Sheet, contained within the Proposal Documents.

SECTION 15. REJECTION OF ALL PROPOSALS. The District reserves the right to reject any and all bids, with or without cause, and to waive technical errors and informalities, as determined to be in the best interests of the District.

MEMORANDUM

TO:	District Manager

FROM:	Billing, Cochran, Lyles, Mauro & Ramsey, P.A. District Counsel

DATE:	June 6, 2023

RE:	Required Ethics Training

On May 24, 2023, the Governor signed CS/HB 199 into law as Chapter 2023-121, Laws of Florida. Section 112.3142, Florida Statutes, requires that specified constitutional officers, elected municipal officers, and commissioners complete four (4) hours of ethics training annually. This requirement is noted on page 1 of the Form 1, Statement of Financial Interests. This legislation provides that beginning January 1, 2024, elected and appointed commissioners of community redevelopment agencies and local officers of independent special districts are now required to complete four (4) hours of ethics training annually. The training must address, at a minimum, s. 8, Art. II of the Florida Constitution (ethics for public officers and financial disclosure), the Code of Ethics for Public Officers and Employees, and the Florida Public Records Law and Open Meetings laws. The legislation specifically provides that this training requirement may be satisfied by completing a continuing legal education class or other continuing professional education class or seminar if the required subject matter is covered therein.

For current supervisors and officers, it is recommended that this training requirement be completed by July 1, 2024, so that the supervisor or officer can verify compliance with the required training on his or her Form 1, Statement of Financial Interests (2023). Elected local officers of independent special districts that assume office on or before March 31st must complete annual ethics training by December 31st of the year the term begins; however, if the term starts after March 31st, the officer is not required to complete the required ethics training until December 31st of the following year. The Legislature intends for those elected officers to receive the required training as close as possible to the date that he or she assumes office. The chart below can be used as a reference:

Date elected or appointed	Annual Training Completed By	
Current Officer/Supervisor	December 31, 2024 (recommend completion by
July 1, 2024)	
January 1 – March 31, 2024	December 31, 2024	
April 1 – December 31, 2024	December 31, 2025	

The legislation also amends Section 112.313(a), Florida Statutes, clarifying the conflicts exception for public officers or employees of water control districts (Chapter 298, Florida Statutes)

or a special tax districts created by general (i.e. community development districts) or special law and which is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the district has jurisdiction. Employment with or entering into a contractual relationship with a business entity is not prohibited and is not deemed a conflict per se; however, conduct by such officer or employee that is prohibited by or otherwise frustrates the intent of Section 112.313(7), Florida Statutes, including conduct that violates subsections (6) (misuse of public position) and (8) (disclosure of information not otherwise available to the public for personal benefit) thereof is deemed an impermissible conflict of interest.

For convenience, we have included a copy of the legislation referenced in this memorandum. We request that you include this memorandum as part of the agenda packages for upcoming meetings of the governing boards of those special districts in which you serve as the District Manager and this firm serves as District Counsel. You can expect our traditional legislative memorandum in the coming weeks, where we will summarize other legislation from the 2023 Legislative Session relevant to special districts.

CHAPTER 2023-121

Committee Substitute for House Bill No. 199

An act relating to ethics requirements for officers and employees of special tax districts; amending s. 112.313, F.S.; specifying that certain conduct by certain public officers and employees is deemed a conflict of interest; making technical changes; amending s. 112.3142, F.S.; requiring certain ethics training for elected local officers of independent special districts beginning on a specified date; specifying requirements for such training; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:
Section 1.	Subsection (7) of section 112.313, Florida Statutes, is amended to read:
112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.—
CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATION- SHIP.—
No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties.
When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency is shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section, including conduct that violates subsections (6) and (8), is shall be deemed a conflict of interest in violation of the standards of conduct set forth by this section.
1

Ch. 2023-121	LAWS OF FLORIDA	Ch. 2023-121

When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict.
This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance.
Section 2. Paragraphs (d) and (e) of subsection (2) of section 112.3142, Florida Statutes, are redesignated as paragraphs (e) and (f), respectively, present paragraph (e) of that subsection is amended, and a new paragraph
(d) is added to that subsection, to read:
112.3142 Ethics training for specified constitutional officers, elected municipal officers, and commissioners of community redevelopment agen- cies, and elected local officers of independent special districts.—
(2)
(d) Beginning January 1, 2024, each elected local officer of an indepen- dent special district, as defined in s. 189.012, and each person who is appointed to fill a vacancy for an unexpired term of such elective office must complete 4 hours of ethics training each calendar year which addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation, if the required subject matter is covered by such class, seminar, or presentation.
(f)(e) The Legislature intends that a constitutional officer, or elected municipal officer, or elected local officer of an independent special district who is required to complete ethics training pursuant to this section receive the required training as close as possible to the date that he or she assumes office. A constitutional officer, or elected municipal officer, or elected local officer of an independent special district assuming a new office or new term of office on or before March 31 must complete the annual training on or before December 31 of the year in which the term of office began. A constitutional officer, or elected municipal officer, or elected local officer of an independent special district assuming a new office or new term of office after March 31 is not required to complete ethics training for the calendar year in which the term of office began.
Section 3.	This act shall take effect July 1, 2023.

Ch. 2023-121	LAWS OF FLORIDA	Ch. 2023-121

Approved by the Governor May 24, 2023.
Filed in Office Secretary of State May 24, 2023.

MEMORANDUM

TO:	District Manager

FROM:	Billing, Cochran, Lyles, Mauro & Ramsey, P.A. District Counsel

DATE:	July 20, 2023

RE:	2023 Legislative Update

As District Counsel, throughout the year we continuously monitor pending legislation that may be applicable to the governance and operation of our Community Development District and other Special District clients. It is at this time of year that we summarize those legislative acts that have become law during the most recent legislative session, as follows:

Chapter 2023 – 134, Laws of Florida (SB 346). The legislation requires contracts for construction services between a local government entity and a contractor to include a “punch list”1 of items required to render complete, satisfactory, and acceptable the construction services contracted for, which punch list outlines the estimated cost of each item necessary to complete the work. The law requires local governments to pay all portions of the contract balance, except for 150 percent of the portion of the contract balance attributed to those projects on the punch list, within 20 days after the punch list is created, subject to certain exceptions. The legislation limits a local government’s ability to withhold payment of certain amounts under the contract to only those subject to a written good faith dispute or claims against public surety bonds. The law clarifies that a local government must pay the undisputed portions of a contract within 20 days of the request for payment. Lastly, the legislation amends the definition of “public works project” in section 255.0992, F.S., to include any construction, maintenance, repair, renovation, remodeling, or improvement activity that is paid for with state-appropriated funds. The effective date of this act is July 1, 2023.

Chapter 2023 – 17, Laws of Florida (SB 102). The legislation makes various changes and additions to affordable housing related programs and policies at both the state and local level. With regard to local governments, the law:

Preempts local government requirements regarding zoning, density, and height to allow for streamlined development of affordable housing in commercial and mixed- use zoned areas under certain circumstances. Developments that meet the requirements may not require a zoning change or comprehensive plan amendment.

1 The punch list is created within a contractually-specified timeframe after the contractor reaches substantial completion of the construction services as defined in the contract, or if that is not defined, then after the project reaches beneficial occupancy or use. If the contract is valued at less than $10 million, then the punch list must be developed within 30 calendar days; if the contract is valued at $10 million or more, then the punch list must be developed within 45 calendar days.

Removes a local government’s ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development, while retaining such right for commercial and industrial parcels.
Removes a provision that allows local governments to impose rent control under certain circumstances, preempting rent control ordinances entirely.
Requires counties and cities to update and electronically publish the inventory of publicly owned properties, for counties including property owned by a dependent special district, which may be appropriate for affordable housing development.
Authorizes the Florida Housing Finance Corporation, through contract with the Florida Housing Coalition, to provide technical assistance to local governments to facilitate the use or lease of county or municipal property for affordable housing purposes.
Requires local governments to maintain a public written policy outlining procedures for expediting building permits and development orders for affordable housing projects.
Provides that the Keys Workforce Housing Initiative is an exception to evacuation time requirements and that comprehensive plan and land use amendments approved under that initiative are valid.

The effective date of this act is July 1, 2023.

Chapter 2023 – 31, Laws of Florida (SB 1604). The law makes a number of changes relating to comprehensive plans and land development regulations. Of interest to special districts, section 4 of the legislation amends section 189.031, F.S., to preclude independent special districts from complying with the terms of any development agreement, which is executed within three months preceding the effective date of a law, which modifies the manner of selecting members of the governing body of the special district from election to appointment or appointment to election. The newly elected or appointed governing body of the special district must review within four months of taking office any such development agreement and vote on whether to seek readoption of the agreement. The law applies to any development agreement that is in effect on, or is executed after July 1, 2023, which is the effective date of this law. Section 4 of the Act expires July 1, 2028, unless reviewed and reenacted by the Legislature.

Chapter 2023 – 28, Laws of Florida (HB 3). This legislation codifies and extends the policy adopted by the Trustees2 requiring all investment decisions relating to the state retirement system be based solely on pecuniary factors3. The law extended that policy to all funds managed by the State Board of Administration (SBA), all funds of the state Treasury, all local government retirement plans, investments of local government surplus funds, and investments of funds raised by citizen support and direct-support organizations. Investment managers who invest public funds on behalf of any of these entities may not sacrifice investment return or take additional investment risk to promote any non-pecuniary factor. The law requires any contract between a governmental

2 The Governor, Chief Financial Officer, and Attorney General serve as the SBA’s Board of Trustees.
3 The term “pecuniary factor” is defined as a factor that is expected “to have a material effect on the risk or return of an investment based on appropriate investment horizons consistent with applicable investment objectives and funding policy. The term does not include the consideration of the furtherance of any social, political, or ideological interests.”

entity4 and an investment manager executed, amended, or renewed on or after July 1, 2023, to contain a provision requiring the investment manager to include a disclaimer in an external communication, if the communication is to a company in which the investment manager has invested public funds and discusses social, political, or ideological interests. The required disclaimer must state: “The views and opinions expressed in this communication are those of the sender and do not reflect the views and opinions of the people of the state of Florida.” All contracts with investment managers executed, amended, or renewed on or after July 1, 2023, may be unilaterally terminated if certain communications of an investment manager include discussion of social, political, or ideological interests and omit the required disclaimer.

In addition, the legislation prohibits bond issuers5 from issuing an environmental, social, and corporate governance (ESG) bond or paying for a third-party verifier that certifies or verifies that a bond may be designated or labeled as an ESG bond6, renders opinions or produces a report on ESG compliance, among other ESG-related services. Issuers are also prohibited from contracting with a rating agency whose ESG scores for the issuer will have a direct, negative impact on the issuer’s bond ratings.

The act further prohibits consideration of social, political, or ideological beliefs in state and local government contracting, and explicitly notes that this includes all political subdivisions of the state. Specifically, the law prohibits an awarding body from (1) requesting documentation or considering a vendor’s social, political, or ideological beliefs when determining if the vendor is a responsible vendor; or (2) giving a preference to a vendor based on the vendor’s social, political, or ideological beliefs.

Lastly, the legislation amends the definition of a “qualified public depository” to prohibit government entities from depositing funds in banks that make it a practice to deny or cancel services of their customers based on a person’s political opinions, speech, affiliations, lawful ownership or sales of firearms, production of fossil fuels or other factors related to ESG. Pursuant to current law, all public deposits may only be deposited in a qualified public depository. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 32, Laws of Florida (SB 258). The legislation bans the use of prohibited applications7 on devices issued to an employee or officer by a public employer, or otherwise used on a network that is owned, operated, or maintained by a public employer. This law requires the Department of Management Services (DMS) to create and maintain a list of prohibited applications of any Internet application that it deems to present a security risk in the form of

4 The law defines “governmental entity” to mean a state, regional, county, municipal, special district, or other political subdivision whether executive, judicial, or legislative, including, but not limited to, a department, division, board, bureau, commission, authority, district, or agency thereof, or a public school, Florida College System institution, state university, or associated board.
5 Any public body corporate and politic authorized or created by general or special law and granted the power to issue bonds.
6 An ESG bond is any bond that has been designated or labeled as a bond that will be used to finance a project with an ESG purpose, including, but not limited to, green bonds, Certified Climate Bonds, GreenStar designated bonds, and other environmental bonds marketed as promoting a generalized or global environmental objective; social bonds marketed as promoting a social objective; and sustainability bonds and sustainable development goal bonds marketed as promoting both environmental and social objectives. It includes bonds self- designated by the issuer as ESG-labeled bonds and those designated as ESG-labeled bonds by a third-party verifier.
7 A “prohibited application” is defined as any application that participates in certain activities, such as conducting cyber-espionage against a public employer, and that is created, maintained, or owned by a foreign principal.

unauthorized access to, or temporary unavailability of the public employer’s records, digital assets, systems, networks, servers, or information. Public employers must block access to any prohibited application via their wireless networks and virtual private networks; restrict access to any prohibited application on any government cell phone, laptop, desktop computer, tablet computer, or other electronic device that can connect to the Internet that has been issued to an employee or officer for a work-related purpose; and retain the ability to remotely wipe and uninstall any prohibited application from any such device that is believed to have been adversely impacted by a prohibited application. The legislation requires an employee or officer of a CDD to remove any prohibited application from his or her government-issued device within 15 days of the DMS’ publication of its list of prohibited applications, and within 15 days of any subsequent update to the list of prohibited applications. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 33, Laws of Florida (SB 264). The legislation restricts the issuance of government contracts or economic development incentives to foreign entities that are owned by, controlled by or organized under the laws of a foreign country of concern8. The law further prohibits a foreign principal9 from owning or acquiring agricultural land or other interests in real property on or within 10 miles of a military installation or critical infrastructure facility. A foreign principal that owns agricultural land acquired before July 1, 2023, may continue to hold such land and must register with the Florida Department of Agriculture and Consumer Services (DACS) by January 1, 2024. If the property owned or acquired before July 1, 2023, is on or within 10 miles of a military installation or critical infrastructure facility, the foreign principal must similarly register with the Department of Economic Opportunity by December 31, 2023. The law prohibits the People’s Republic of China, the Chinese Communist Party, its officials and members, other political party official or members, other legal entities or subsidiaries organized under the laws of, or having a principal place of business in, China or its political subdivisions, or other persons domiciled in China, who are not U.S. citizens or lawful permanent residents of the United States, from purchasing or acquiring an interest in, real property in Florida. Finally, the act amends s. 836.05, F.S., relating to criminal threats and extortion, to provide that a person who violates the statute while acting as a foreign agent for the purpose of benefitting a foreign country of concern, commits a first degree felony. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 264, Laws of Florida (SB 7008). The legislation amends Section 119.071(3)(c)1., F.S., to save from repeal, the public records exemption for information relating to the following information held by an agency:

Building plans;
Blueprints;
Schematic drawings; and

8 The People’s Republic of China, The Russian Federation, The Islamic Republic of Iran, The Democratic People’s Republic of Korea, The Republic of Cuba, The Venezuelan Regime of Nicolas Maduro, or The Syrian Arab Republic, including any agency of or other entity within significant control of such foreign country of concern.
9 “Foreign principal” means: The government or any official of the government of a foreign country of concern; A political party or member of a political party or any subdivision of a political party in a foreign country of concern; A partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country of concern, or a subsidiary of such entity; or o Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States.

Diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, health care facility, or hotel or motel development.

The effective date of this act is October 1, 2023.

Chapter 2023 – 75, Laws of Florida (HB 7007). The legislation removes the scheduled repeal date of the public record and public meeting exemptions for security or fire safety system plans under Sections 119.071(3)(a) and 286.0113(1), F.S., thereby maintaining the public record and public meeting exemptions for such plans. The effective date of this act is October 1, 2023.

For convenience, we have included copies of the legislation referenced in this memorandum. We request that you include this memorandum as part of the agenda packages for upcoming meetings of the governing boards of those special districts in which you serve as the District Manager and this firm serves as District Counsel. For purposes of the agenda package, it is not necessary to include the attached legislation, as we can provide copies to anyone requesting the same. Copies of the referenced legislation are also accessible by visiting this link: http://laws.flrules.org/.