AVENIR COMMUNITY DEVELOPMENT
DISTRICT

CITY OF PALM BEACH GARDENS SPECIAL BOARD MEETING
NOVEMBER 30, 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
SPECIAL BOARD MEETING
November 30, 2023
12:30 p.m.

Call to Order
Proof of Publication…	Page 1
Consider Eduardo Stern Resignation and Seat New Board Member…	Page 2
Administer Oath of Office & Review Board Member Responsibilities and Duties
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
September 28, 2023 Regular Board Meeting & Public Hearing.	Page 3
Old Business
New Business
Consider Approval of Resolution 2023-15 Adopting a 2022-2023 Revised Final Budget…	Page 8
Consider Approval of Agreement for Professional Services Relating to the Avenir N-1 Conservation Area…	Page 9
Consider Approval of Proposal to Provide Engineering Design Services for the
Stormwater Pump Station Design…	Page 13
Consider Approval of Covenant to Maintain Coconut Boulevard Entrance Features…	Page 18
Consider Approval of Appraisal Agreement (Pod 16 Lake)…	Page 22
Consider Approval of Pod 16 Lake Conveyances – Assessment Area Three Project…	Page 30
Consider Approval of Parcel D Plat…	Page 45
Consider Grant of Easement for Conservation Area…	Page 52
Consider Grant of Easement for Conservation Area (Functional Gain)…	Page 58
Consider Approval of Pod 20 Tract O-17 Conveyance…	Page 65
Consider Award of Mitigation Services RFP…	Page 70
Accept and Receive Fiscal Year 2023 Engineer’s Report…	Page 72
Auditor Selection Committee
Ranking of Proposals/Consider Selection of an Auditor…	Page 117
Consent Agenda
Consider Ratification of Design Service Work Order for Site Structural Details…	Page 141
Consider Ratification of HSQ Supplemental Agreement 15…	Page 142
Consider Ratification of Art Purchase Authorization…	Page 143
Consider Ratification of CSX Construction Agreement…	Page 144

Clubhouse
Clubhouse Management Update…	Page 164
Consider Approval of Election Day Polling Place Request…	Page 170
Discussion Regarding Holiday Festivities
Administrative Matters
Board Member Comments
Adjourn

Publication Date 2023-11-21

Subcategory Miscellaneous Notices

AVENIR COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF SPECIAL BOARD OF SUPERVISORS' MEETING
The Board of Supervisors (the "Board") of the Avenir Community Development District (the "District") will hold a Special Board Meeting on November 30, 2023, at 12:30 p.m. in The Oaks Center located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 for the purpose of considering any business that may properly come before the Board.
A copy of the agenda may be obtained from the District's website seven (7) days prior to the Special Board Meeting or at the offices of the District Manager, 2501A Burns Road, Palm Beach Gardens, Florida 33410, Telephone: (561) 630-4922 and/or toll free at 1-877-737-4922, during normal business hours.
The Special Board Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The Special Board Meeting may be continued to a date, time, and place to be specified on the record at the meeting. There may be occasions when staff or Supervisors may participate by speaker telephone.
Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) 630-4922 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office.
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the Special Board Meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
Meetings may be cancelled from time to time without advertised notice. AVENIR COMMUNITY
DEVELOPMENT DISTRICT
www.avenircdd.org
11/21 23-04/0000695204P

Page 1

EDUARDO STERN
7351 Los Pinos Circle I Coral Gables, FL 33143

September 28, 2023

Jason Pierman District Manager
Special District Services, Inc. 2501A Burns Road
Palm Beach Gardens, FL 33410
Avenir Community Development District Dear Mr. Pierman:
This letter confirms that I hereby resign from the Board of Supervisors of the Avenir Community Development District, effective as of September 28, 2023.

Eduardo Stern

L	Page 2

182599

AVENIR COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING SEPTEMBER 28, 2023

CALL TO ORDER

The September 28, 2023, Regular Board Meeting of the Avenir Community Development District (the “District”) was called to order at 12:30 p.m. in the offices of Special District Services, Inc. located at 2501A Burns Road, Palm Beach Gardens, Florida 33410.

PROOF OF PUBLICATION

Proof of publication was presented which indicated that notice of the Regular Board Meeting had been published in the Palm Beach Daily Business on September 14, 2023, and September 21, 2023, as legally required.

ESTABLISH A QUORUM

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

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

ADDITIONS OR DELETIONS TO THE AGENDA

Mr. Pierman noted that a proposal from CPM would be added under New Business.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

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

APPROVAL OF MINUTES
August 24, 2023, Public Hearing & Regular Board Meeting

The minutes of the August 24, 2023, Public Hearing & Regular Board Meeting were presented for consideration.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the minutes of the August 24, 2023, Public Hearing & Regular Board Meeting, as presented.

The Regular 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 September 14, 2023, and September 21, 2023, as legally required.

Receive Public Comment Regarding Amending Clubhouse Rates

Mr. Pierman explained that the non-resident patron rate was being increased from $3,000 to $3,200. He also noted that no members of the public were in attendance.

Consider Resolution No. 2023-13 – Amending Clubhouse Rates

Resolution No. 2023-13 was presented, entitled:

RESOLUTION NO. 2023-13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT INCREASING THE ANNUAL MEMBER CLUB FEE; APPROVING THE AVENIR COMMUNITY DEVELOPMENT DISTRICT FEE SCHEDULE FY 2023/2024; AND PROVIDING AN EFFECTIVE DATE.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously adopting Resolution No. 2023-13, as presented.

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

OLD BUSINESS

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

NEW BUSINESS
Consider Award of Contract (Northlake Boulevard Phase One)

Mr. Pierman presented JW Cheetham’s RFP response, noting that they were the only responder. Ms. McConnell explained that the project was ready to start on Monday with a 365 expected timeline.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously approved awarding the Northlake Boulevard Phase One Contract to JW Cheetham.

Consider Landscape Maintenance Agreement Amendment with CPM

Mr. Pierman presented the draft agreement with CPM, which included an increase of $331,240, due to added landscaping and changes in material.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the Landscape Maintenance Agreement Amendment with CPM.

Consider Lake Maintenance Agreement Amendment with Superior

Mr. Pierman presented the agreement with Superior, which included the new rates of $2,307/month for lakes and $3,000/month for littorals.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously passed approving the Lake Maintenance Agreement Amendment with Superior.

Consider Resolution No. 2023-14 – Adjusting Terms of Office

Resolution No. 2023-14 was presented, entitled:

RESOLUTION NO. 2023-14

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT ADJUSTING THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD OF SUPERVISORS IN ACCORDANCE WITH SECTION 190.006(3)(a)2c, FLORIDA STATUTES

Mr. Pierman explained that, because the District was created in an odd year, it is necessary to extend terms of office by one year to align with the general election cycle.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously adopting Resolution No. 2023-14, as presented.

Consider Revised Supplemental Agreement 14 (HSQ)

Ms. McConnell explained that this item for Post Design Services was previously approved for an incorrect amount. The corrected amount is $395,000.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously approving the Revised Supplemental Agreement 14 (HSQ)..

Consider FPL Lighting Agreement (Bypass Road)

Mr. Ballbe explained that this agreement was for the bypass road streetlights.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the FPL Lighting Agreement (Bypass Road).

Consider Spine Road Landscape Replacement Proposal (Arazoza)

Mr. Ballbe explained that this proposal was for landscape replacements on the Coconut Boulevard Spine Road.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the Spine Road Landscape Replacement Proposal.

Consider Copper Roof Proposal (Latite Roofing) – Coconut Entrance

Consider Stucco Proposal (D&ET) – Coconut Entrance

Mr. Pierman explained that both the Latite Roofing and the D&ET proposals were related to the Coconut Entrance and were provided by Mr. OBrien. He suggested that they be considered under one motion.

Following discussion, a motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously approving both the Latite Roofing and D&ET proposals.

Consider Change Order No. 2 (Pod 16)

Mr. Ballbe explained that this was for littoral planting in Pod 16, adding $234,364 to the project cost.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the Change Order No 2 (Pod 16).

Consider Change Order No. 1 (Pod 18)

Mr. Ballbe explained that this was for littoral planting in Pod 18, adding $53,088.50 to the project cost.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously approved approving Change Order No. 1 (Pod 18).

Consider Crown Castle Proposal

Ms. McConnell explained that this was for fiber installation in the amount of $110,350.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the Crown Castle proposal.

Consider Change Orders 15-17 for SPF Underground

Mr. Ballbe presented Change Orders 15 through 17, explaining that they were for additional underground utility work for Spine Road Phase 4, including additional conduit and project changes due to plan revisions.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving Change Orders 15-17 for SPF Underground.

CONSENT AGENDA
Consider Ratification of Future Horizon Proposal for Aerators in Pod 6
Consider Avenir West Clubhouse Plat
Consider Ratification of Revised Pod 16 Plat
Consider Ratification of Pod 18 Plat

Mr. Pierman asked if there were any questions on the Consent Agenda items. There being none, a motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously passed ratifying Consent Agenda Items 1-4.

CLUBHOUSE
Clubhouse Management Update

Mr. Salvatore noted that a lot of landscaping work had been completed in the past month. Concerning the Access Control system for the pool and courts, Mr. Salvatore requested a Board consensus on the contractor, due to the fact that that they were significantly lower than other bids. Following discussion, the Board consensus was to move forward with them, provided their references were positive. Mr. Salvatore also asked for Board direction on a lightning policy. Following discussion, the Board consensus was to mirror what golf courses do, which is 6 miles. Ms. Chiaramonte updated the Board on recent clubhouse events, noting that movie nights were popular.

ADMINISTRATIVE MATTERS

Mr. Pierman noted that he had received a proposal from CPM in the amount of $2,805 to trim the medjool palms around the clubhouse, which needed to be completed prior to holiday lights going up.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and unanimously passed approving the proposal.

Mr. Pierman also noted that the next scheduled meeting was October 26, 2023.

BOARD MEMBER COMMENTS

There were no further comments from the Board Members.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously adjourning the Regular Board Meeting at 1:11 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

RESOLUTION NO. 2023-15

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2022/2023 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

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

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

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

Section 1.  The Amended Budget for Fiscal Year 2022/2023 attached hereto as Exhibit “A” is hereby approved and adopted.

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

PASSED, ADOPTED and EFFECTIVE this 30th day of November, 2023.

ATTEST:	AVENIR
COMMUNITY DEVELOPMENT DISTRICT

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

Avenir
Community Development District

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

CONTENTS
AMENDED FINAL OPERATING FUND BUDGET

AMENDED FINAL CLUBHOUSE FUND BUDGET

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2018)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2019)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2019B)

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

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2021A)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2021B)

AMENDED FINAL DEBT SERVICE FUND BUDGET (SERIES 2023 & TC)

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	
O&M Assessments	1,957,654	1,974,787	1,974,787	
Clubhouse Assessments	1,589,747	1,609,282	1,609,282	
Clubhouse Other Revenues	17,600	42,292	42,292	
Landowner Contribution - O&M	0	0	0	
Total Debt Assessments	10,806,548	21,535,854	21,535,854	
Landowner Contribution - Debt	0	0	0	
Impact Fees	1,073,500	5,550,148	5,550,148	
Bond Prepayments	0	189,332	189,332	
Bond Prepayments Sent to Trustee	0	(189,332)	(189,332)	
Developer Contribution - Capital Projects	0	56,123	56,123	
Develoer Contribution - O&M	0	250,000	250,000	
Interest Income	1	40,083	40,083	
Total Revenues	$	15,445,050	$	31,058,568	$	31,058,568	
				
EXPENDITURES				
Supervisor Fees	0	0	0	
Engineering/Inspections	15,000	5,000	0	
Management	60,820	60,820	48,656	
Legal	60,000	65,000	47,545	
Assessment Roll	7,500	3,750	3,750	
Audit Fees	8,000	3,750	3,750	
Arbitrage Rebate Fee	3,200	3,900	3,683	
Insurance	30,000	20,453	20,453	
Legal Advertisements	4,500	7,000	5,673	
Miscellaneous	2,000	13,000	3,768	
Postage	500	1,000	639	
Office Supplies	3,500	3,500	2,975	
Dues & Subscriptions	175	175	175	
Trustee Fees	25,000	25,000	18,000	
Continuing Disclosure Fee	3,000	3,000	2,750	
Website Management	2,000	2,000	1,600	
Miscellaneous Maintenance	50,000	30,000	14,997	
Infrastructure Maintenance	0	40,000	34,399	
Electric (FPL)	325,000	400,000	379,804	
Water (Seacoast)	100,000	150,000	143,572	
Landscape Maintenance Base	600,000	720,000	706,000	
Landscape Maintenance Optional	250,000	175,000	148,793	
Irrigation Maintenance	0	35,000	31,385	
Lake Maintenance	50,000	65,000	61,007	
Stormwater Management/Lake Water Control	50,000	175,000	159,257	
Roadway & Bridges Maintenance	0	40,000	32,175	
Mitigation Maintenance	130,000	100,000	88,000	
Wild Hog Control	15,000	1,000	0	
Pump Maintenance	15,000	30,000	25,960	
Trail Maintenance	5,000	1,000	0	
Fish Stocking	25,000	1,000	0	
Fountain Maintenance	0	100,000	89,735	
Gas Utility	0	15,000	9,160	
Field Operations	0	0	0	
Capital Project Outlay	0	56,123	56,123	
				
TOTAL O&M EXPENDITURES	$	1,840,195	$	2,351,471	$	2,143,782	
				
TOTAL CLUBHOUSE EXPENDITURES	$	1,511,962	$	1,416,526	$	1,314,487	
				
Excess/ (Shortfall)	$	12,092,893	$	27,290,570	$	27,600,298	
				
Bond Payments - Series 2018	(3,246,468)	(5,628,116)	(5,628,116)	
Bond Payments - Series 2019	(1,450,285)	(3,308,355)	(3,308,355)	
Bond Payments - Series 2020 (IF)	(1,073,500)	(5,550,148)	(5,550,148)	
Bond Payments - Series 2021	(5,461,403)	(12,443,513)	(12,443,513)	
				
Balance	$	861,237	$	360,438	$	670,166	
				
County Appraiser & Tax Collector Fee	(287,079)	(57,801)	(57,801)	
Discounts For Early Payments	(574,158)	(212,402)	(212,402)	
				
Net Excess/ (Shortfall)	$	-	$	90,235	$	399,963	

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

O&M ONLY	
FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

	
($59,722)	
$	62,876	
$3,154	

I

AMENDED FINAL DETAILED CLUBHOUSE BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT

EXPENDITURES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	

Management	0	7,926	12,164	
Legal	0	14,000	11,886	
Assessment Roll	0	3,750	3,750	
Audit Fees	0	3,750	3,750	
Arbitrage Rebate Fee	0	500	217	
Legal Advertisements	0	1,000	904	
Miscellaneous	0	1,700	1,488	
Trustee Fees	0	4,000	3,000	
Continuing Disclosure Fee	0	500	250	
Website Management	0	400	400	
Connect Water Fee	0	0	0	
Management/personnel	533,206	580,000	570,258	
Uniforms	4,000	2,000	1,717	
Licenses/Permits	5,000	1,000	950	
Insurance	75,456	65,000	60,627	
Post / Print / Office Sup	4,500	8,000	6,607	
IT / Telecom	35,000	10,000	8,942	
HVAC Maint & Repair	12,000	4,000	3,002	
Janitorial	15,000	3,000	2,674	
Misc Repair & Maint	60,000	70,000	48,676	
Pest Control	20,000	18,000	14,668	
Fire/ Life/ Hood -Safe Sys	6,000	11,000	9,605	
Fitness Equip	4,000	8,000	6,377	
Vehicle Lease & Maint	1,500	500	0	
Holiday Decorations	15,000	5,000	3,567	
Cable / Music Services	4,000	3,000	2,238	
Trash Removal	10,800	3,500	2,985	
Gas	75,000	30,000	25,424	
Electricity	65,000	40,000	38,078	
Water & Sewer	50,000	40,000	35,234	
Irrigation Water	13,000	14,000	12,459	
Camera Surveillance	0	95,000	87,577	
Electronic Access Control	4,000	4,500	3,739	
Surveillance Repair & Main	5,000	500	0	
Landscape Maint Contract	100,000	80,000	73,296	
Landscape Other	89,500	60,000	55,975	
Pool Chemicals	60,000	55,000	51,244	
Pool Maintenance Agreement	32,500	37,000	32,500	
Pool Repair & Misc Maint	20,000	5,000	4,492	
Tennis & Pickle Court Main	10,000	8,500	7,763	
Furniture Repair & Maint	7,500	500	0	
Social Programs	75,000	95,000	87,403	
Restaurant Expenses	0	0	0	
Deficit Funding F&B Operat	0	0	0	
Other / Capital Expenses	100,000	22,000	18,600	
				
TOTAL EXPENDITURES	$	1,511,962	$	1,416,526	$	1,314,487	

CLUBHOUSE ONLY	
FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

	
$229,382	
$337,086	
$566,468	

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2018)

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	
Interest Income	200	104,696	104,696	
NAV Tax Collection 2018-1	2,098,851	2,346,705	2,346,705	
Collection 2018-2 (Taxable & Tax-Exempt)	335,556	177,568	177,568	
NAV Tax Collection 2018-3	811,861	884,566	884,566	
Prepaid Bond Collection	0	28,694	28,694	
Landowner B-Bond Payments	0	2,919,166	2,919,166	
Total Revenues	$	3,246,468	$	6,461,395	$	6,461,395	
				
EXPENDITURES				
Principal Payments 2018-1	490,000	490,000	490,000	
Principal Payments 2018-2 Taxable	0	2,275,000	2,275,000	
Principal Payments 2018-2 Tax Exmpt	0	580,000	580,000	
Principal Payments 2018-3	175,000	200,000	200,000	
Interest Payments 2018-1	1,612,600	1,621,950	1,621,950	
Interest Payments 2018-2 Taxable	282,030	226,730	226,730	
Interest Payments 2018-2 Tax Exmpt	53,526	43,144	43,144	
Interest Payments 2018-3	632,931	638,322	638,322	
Bond Redemption	381	0	0	
Total Expenditures	$	3,246,468	$	6,075,146	$	6,075,146	
				
Excess/ (Shortfall)	$	-	$	386,250	$	386,250	

FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

$1,228,808	
$386,250	
$1,615,058	

Notes
2018-1 Reserve Fund Balance = $440,123.33*. 2018-3 Reserve Fund Balance = $205,524.49*. 2018-1 Revenue Account Balance = $673,497.42*. 2018-3 Revenue Account = $283,077.76*.
2018-1 Prepayment Account Balance = $4,512.28*. 2018-2 Prepayment Account = $4,177.20*. 2018-3 Prepayment Account = $4,145.72*.

* Approximate Amounts

	Series 2018-1 Bond Information	
Original Par Amount =	$31,500,000	Annual Principal Payments Due =  May 1st
Interest Rate =	5.50%	Annual Interest Payments Due =	May 1st & November 1st
Issue Date =	May 2018
Maturity Date =	May 2049	Par Amount As Of 9/30/23 =	$29,000,000

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

Par Amount As Of 9/30/23 =	May 1st & November 1st

$905,000	

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

Par Amount As Of 9/30/23 =	May 1st & November 1st

$235,000	

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

Par Amount As Of 9/30/23 =	May 1st & November 1st

$10,920,000	

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2019)

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	
Interest Income	200	24,471	24,471	
NAV Tax Collection	1,078,335	894,931	894,931	
Landowner Contribution	0	0	0	
Prepaid Bond Collection	0	101,589	101,589	
				
Total Revenues	$	1,078,535	$	1,020,992	$	1,020,992	
				
EXPENDITURES				
Principal Payments (2019)	230,000	330,000	330,000	
Interest Payments (2019)	848,960	853,160	853,160	
Bond Redemptions	-425	0	0	
				
Total Expenditures	$	1,078,535	$	1,183,160	$	1,183,160	
				
Excess/ (Shortfall)	$	-	$	(162,168)	$	(162,168)	

FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

$549,488	
($162,168)	
$387,320	

Notes
Reserve Fund Balance = $109,201.22*. Revenue Fund Balance= $273,458.94*. Prepayment Account Balance = $4,660.03*.

* Approximate Amounts

Series 2019 Bond Information

Original Par Amount =	$15,700,000	Annual Principal Payments Due =	
Interest Rate =	5.60%	May 1st	
Issue Date =	April 2020		
Maturity Date =	May 2050	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/23 =	$14,880,000		

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2019B)

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	
Interest Income	0	35,436	35,436	
Landowner Contribution	371,750	323,822	323,822	
Prepaid Bonds		2,211,844	2,211,844	
				
Total Revenues	$	371,750	$	2,571,103	$	2,571,103	
				
EXPENDITURES				
Principal Payments (2019B-1 - Taxable)	0	735,000	735,000	
Principal Payments (2019B-2 - Tax Exempt )	0	1,435,000	1,435,000	
Interest Payments (2019B-1 - Taxable)	371,750	135,600	135,600	
Interest Payments (2019B-2 - Tax Exempt)	0	199,528	199,528	
Bond Redemptions	0			
Total Expenditures	$	371,750	$	2,505,128	$	2,505,128	
				
Excess/ (Shortfall)	$	-	$	65,974	$	65,974	

FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

$1,155,611	
$65,974	
$1,221,586	

Notes
2019B Taxable Reserve Fund Balance = $97,071.89*. 2019B Tax Exempt Reserve Fund = $183,253.56*.
2019B Taxable Prepayment Account Balance = $318,845.01*. 2019B Tax Exempt Prepayment Account Balance = $622,414.74

* Approximate Amounts

	Series 2019B-1 (Taxable) Bond Information		
Original Par Amount =	$2,200,000	Principal Payment Due On	
Interest Rate =	6.88%	May 1, 2029	
Issue Date =	December 2019		
Maturity Date =	May 2029	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/23 =	$1,470,000		

	Series 2019B-2 (Tax Exempt) Bond Information		
Original Par Amount =	$4,300,000	Principal Payment Due On	
Interest Rate =	5.25%	May 1, 2029	
Issue Date =	December 2019		
Maturity Date =	May 2029	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/23 =	$2,870,000		

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2020 - IMPACT FEES)

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	
Interest Income	0	53,729	53,729	
Impact Fees	1,073,500	5,553,652	5,553,652	
Transfer From Cost Of Issuance Account	0	0	0	
				
Total Revenues	$	1,073,500	$	5,607,381	$	5,607,381	
				
EXPENDITURES				
Principal Payments (2020)	0	3,851,000	3,851,000	
Interest Payments (2020)	1,073,500	1,002,416	1,002,416	
				
Total Expenditures	$	1,073,500	$	4,853,416	$	4,853,416	
				
Excess/ (Shortfall)	$	-	$	753,964	$	753,964	

FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

$2,329,578	
$753,964	
$3,083,542	

Notes
Revenue Fund Balance = $3,081,548.33*. Interest Fund Balance = $254.46*. Redemption Fund Balance = $1,738.96*.

* Approximate Amount

	Series 2020 (Impact Fee Credit) Bond Information	
Original Par Amount =	$22,600,000	Principal Payment Due =	
Interest Rate =	4.75%	November 1, 2050	
Issue Date =	July 2020		
Maturity Date =	November 2050	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/23 =	$18,159,000		

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2021A)

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	
Interest Income	200	10,621	66,399	
NAV Tax Collection	4,003,203	0	2,953,960	
Prepayments	0	0	0	

Total Revenues	$	4,003,403	$	10,621	$	3,020,359	
				
EXPENDITURES				
Principal Payments (2021A-1)	575,000	0	600,000	
Principal Payments (2021A-2)	565,000	0	600,000	
Interest Payments (2021A-1)	855,904	505,446	862,572	
Interest Payments (2021A-2)	1,999,903	1,180,651	2,014,830	
Bond Redemptions	7,596			
				
Total Expenditures	$	4,003,403	$	1,686,097	$	4,077,402	
				
Excess/ (Shortfall)	$	-	$	(1,675,476)	$	(1,057,042)	

FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

$3,040,885	
($1,675,476)	
$1,365,409	

Notes

2021A-1 Reserve Fund Balance = $751,473.16*. 2021A-2 Reserve Fund Balance = $268,976.13*. 2021A Revenue Account Balance = $344,959.71*.
* Approximate Amounts

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

Par Amount As Of 9/30/23 =	
$26,705,000	May 1st & November 1st	

	Series 2021A-2 Information		
Original Par Amount =	$39,305,000	Annual Principal Payments Due =	
Interest Rate =	5.13%	May 1st	
Issue Date =	September 2021		
Maturity Date =	May 2052	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/23 =	$38,705,000		

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2021B)

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	
Interest Income	0	185,989	185,989	
Bond Collection	1,458,000	11,552,667	11,552,667	
Landowner Direct Payment	0	1,501,715	1,501,715	
				
Total Revenues	$	1,458,000	$	13,240,370	$	13,240,370	
				
EXPENDITURES				
Principal Payments (2021B)	0	11,700,000	11,700,000	
Interest Payments (2021B)	1,458,000	1,502,688	1,502,688	
				
Total Expenditures	$	1,458,000	$	13,202,688	$	13,202,688	
				
Excess/ (Shortfall)	$	-	$	37,683	$	37,683	

FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

$146,522	
$37,683	
$184,205	

Notes
Reserve Fund Balance = $152,694.07*. Prepayment Fund Balance = $31,511.18*.

* Approximate Amounts

Series 2021B Bond Information

Original Par Amount =	$29,160,000	Principal Payment Due On
Interest Rate =	5.00%	May 1, 2041
Issue Date =	September 2021
Maturity Date =	May 2041	Annual Interest Payments Due = May 1st & November 1st
Par Amount As Of 9/30/23 =	$17,460,000

AMENDED FINAL BUDGET
AVENIR COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND (SERIES 2023)

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/30/23	
Interest Income	0	21,287	21,287	
NAV Tax Collection 2023	0	0	0	
NAV Tax Collection 2023 TC	0	0	0	
Debt Proceeds (2023)	0	10,892,944	10,892,944	
Debt Proceeds (2023 TC)	0	1,854,830	1,854,830	
				
Total Revenues	$	-	$	12,769,061	$	12,769,061	
				
EXPENDITURES				
Principal Payments (2023)	0	0	0	
Principal Payments (2023 TC)	0	0	0	
Interest Payments (2023)	0	1,094,796	1,094,796	
Interest Payments (2023 TC)	0	0	0	
Bond Redemptions	0			
				
Total Expenditures	$	-	$	1,094,796	$	1,094,796	
				
Excess/ (Shortfall)	$	-	$	11,674,265	$	11,674,265	

FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
FUND BALANCE AS OF 9/30/23	

$0	
$11,674,265	
$11,674,265	

Notes

2023 Reserve Fund Balance = $5,446,454.28*. 2023-TC Reserve Fund Balance = $575,177.15*.
2023 Interest Account Balance = $4,351,693.81*. 2023-TC Interest Account Balance = $1,279,652.69*.
* Approximate Amounts

	Series 2023 Information		
Original Par Amount =	$79,750,000	Annual Principal Payments Due =	
Interest Rate =	4.500% - 5.625%	May 1st	
Issue Date =	January 2023		
Maturity Date =	May 2054	Annual Interest Payments Due =	

Par Amount As Of 9/30/23 =	
$79,750,000	May 1st & November 1st	

	Series 2023 Towncenter Information		
Original Par Amount =	$15,000,000	Annual Principal Payments Due =	
Interest Rate =	6.13%	May 1st	
Issue Date =	June 2023		
Maturity Date =	May 2054	Annual Interest Payments Due =	
		May 1st & November 1st	
Par Amount As Of 9/30/23 =	$15,000,000		

October 12, 2023	Proposal #10-23-065

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

Re:	Agreement for professional services relating to the “Avenir N-1 Conservation Area” project located in the City of Palm Beach Gardens, Palm Beach County, Florida (CWI Job #7955)

Dear Ms. Cepero:

Thank you for the opportunity to present you with this agreement for professional services for the “Avenir N-1 Conservation Area” project. The scope of this agreement is to provide professional Surveying services of the subject property.

SCOPE OF SERVICES

SPECIFIC PURPOSE TOPOGRAPHIC SURVEY

Consultant shall conduct a Specific Purpose Topographic Survey of the subject property in accordance with the Standards of Practice set forth in Chapter 5J-17 adopted by the Florida State Board of Professional Surveyors and Mappers, pursuant to Chapter 472.027 Florida Statutes.

Survey will include cross sections.

Fee	$5,480.00
Time frame to complete is 3-4 weeks from notice to proceed.

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

Page 2 – October 12, 2023
Proposal #10-23-065
Avenir Community Development District

MISCELLANEOUS SERVICES

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

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

GENERAL PROVISIONS

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

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

Page 3 – October 12, 2023
Proposal #10-23-065
Avenir Community Development District

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

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

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

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

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

Page 4 – October 12, 2023
Proposal #10-23-065
Avenir Community Development District

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

Sincerely,
Caulfield & Wheeler, Inc.

David P. Lindley, PLS Senior Vice President

Accepted by:
Avenir Community Development District

Signature

Print Name

Title

Date

Proposal to Provide Engineering Design Services for the Avenir Stormwater Pump Station Design

Services to be provided by: Services provided to: Proposal Date:

Mock•Roos
Avenir Community Development District November 24, 2020
Revised November 25, 2020
Appended September 18, 2023

Proposal Terms

Project Background:

fhc original propo;;ed storn1wat1.:r pump station de:-;ignl..!d for tit.; A,·enir de, clopmi::nt resulted in very high construction bid . Tile Client rcquc ·tcd  Iock•Roos proYidc ,·aluc engineering scr ·ices of thl..! pump station design which n.: ·tilted in a list ofrccommcndeJ changc1:, to the design. Subsequently. the Client rcqucsh!d a design proppsal for r.::-dcsigning the pump station based on tlrnsc l\!com1nendatinns. rl11,; following. re, isions will be i11co1 pornled inlo the redesign:

Revise the capacity or the pump station and associated facilitie to a pumr station with {he (5) tl9.000 gprn l 109.17 cfs) electric submersible pumps. and one (I) 1 ll,548 gpm (23.5 els) electric subn1ersible water quality rump. COMPLETE
Perform ealculations and reduce re,·1:-.e the pump station vetwell.
Reduce the depth or the pump intake (rai. e bollum slab) by including formed suction intakes (l·Sls) on each pLtmp.
E\ uluate/rl..!dul:c the thickn..:ss uf the bottom slub b) redesigning the ,-vctwcll assuming that it will not requiring dewatering in the l'L1ture. Stop I ugs will also not be needed if the station will not be dewatered.
	'hu1ten the wctwc:1I width hy eliminating the inner \\Chn:II walls that scpmati.; l.!ach pump a these walls are not ri.::quired.
	'horl\.!n the w1.:L\H:II 11.!ngth (bad· wall tn ttush ral c d1 ancc) by up lo l .- foct (Jcp ·ml 111 on final pump selection). ! his h rtc-d length will still he in accurda11ce with the Hydraulic lnslilute (HI) guidt nee.
COMPLETE

I ·ilualt the elcct1 ic·1I n ed<;, nJ ba k-u1 • nernl )J n -;u intecl with the r,	ised p,tmp cn1mcil
COMPLETE

l{e, ic:;c the Lei me 1_1 yslt:m operating he pump ~tali 111 lli uccumm Klute luture 111011itoring
ariou-: laker; wilh111 th1. \ 'atl.!r in 111age111-:nt s 1<;ti.::m tor Cl)!ltl'lllling clcvalinni.; fi)I' Ilic 011 ulT ut th·
pu111ps COMPLETE
l':\_PROPOSALS\ball\C0024.20 • Avcnir PS Rc-design\20230919_Scope ofWork_Appendn1ent.docx

	Eliminate the concrete wctwcll intake area. The approach ,viii be rock riprap with a sheet pile cutoff wall at the leading edge of the wctwcll slab  COMPLETE

	Eliminate the concrete discharge srillway and extend the discharge pipes lo discharge into a deeper rock riprap ··plunge pool'" area. ·1 he extended pump di charge pipe. will also allow for improved access lo lhe pumps for maintenance1remoYaL I he concrete top slab of the pump station welwell will be remo\'ed and replaced with pedestrian rated grating. COMPLETE

Raise berm (at least in the vicinity of the pump station) to elevation 25 feet and re-grade arounJ
the station to allow Ycbicle access across the structure to the west siJc. COMPLETE

	RcYisc lhc <..lcsign as needed to ensure that an automated trash raker and dump area could be auc.Jcd in the ti.1turc, without needing 'iignificant structure modification at that time. Incluuc haYing the bar screen extend to the top of the wetwcll top slnb. COMPLETE

Confirm the downstream canal will haYe sufficient caµacit_y to accept and conrey the full Jischarge nuw rate frum the pump station. COMPLETE

Call for FPI to set the transformer before construction begins and perform preliminary
coordination with I·PL to locate the power reed tc n route lhat is not under
pa, cmcnt. COMPLETE

Redesign the hydraulic connection from the pump station discharge pool to the conveyance canal in the west conservation area.

Mock•Roos will provide the Scope of Services outlined below.

Scope of Services:

Task 1 -Basemap Preparation am/ Permitting Servir.:.es

I,	Prepare a projed basemap using current I iDAR data Lo represent thee, 1sti!lg sile c011di1io11s
for tl1 location where the trncturc it; to be ·itcJ	COMPLETE

2.	Prepan: con:;trui..:tiun drn.,,vings for Lhe purpose llf submitting construction pennil applicaliuns
to the SF\	ID <rnd he City ol' Palm 13cacll Gartk11s	COMPLETE

1	< omplete construction permit application lo the SF\\ i'vll) :rncl the City ur Palm lkacl1 CiarJcn-; and pnl\ iclc response;-; for lip to two r11unds \Jf I cquests f()J' \dditional lnfornwtio11 fr()ll1 each. \II cm irnnnwntal n.:lateJ pt1111ittiog a11d courdi11ati1in will be UPIIC by the Clic11t. COMPLETE

F:\_PROPOSALS\ball\C0024.20 - Avenir PS Rc-design\20230919_Scope of Work_Appendment.docx

Task 2 - Construction Document Development

Prepare and submit a 90-percent complete set or construction tlocuments (dra1,,vings, technicnl
,;;pccificntions, and engineers opinion of rrobablc constr1.1ctio11 cost) to the Client for review. The
90-percent documents will address the comments from the permitting agencies and the	lienl.
COMPLETE

Attend a review meeting with the	lient to discuss the construction documents and receive any
comments.	COMPLETE

Prcpan..: and submit the l 00-pcrcent final construction documents tn the Client.	COMPLETE
	Provide the sen ices or a Structural Engineering Subconsultant for the development or the engineering plans and constrnclion specification. at the appropriale inler\'als described above. COMPLETE
	Provide the services or an l lectrical Engineeting Subconsultant for the de, elopment ofthe engineering plans and construction specifications al the appropriate inlen·als described above. COMPLETE
	Assist with responding Lo contractors RI·I·s pertaining to Lhe project and attend coordinate with cuntractun; to prm idc clarifi<:ntions, up to 8 hour:,; arc included with this task.	COMPLETE

Revise sheet Cl-2 of the Construction Drawings for Avenir Stormwater Pump Station to redesign the hydraulic connection from the pump station discharge pool to the conveyance canal in the west conservation area. The conveyance canal design details (in AutoCAD) and existing topographic survey information (also in AutoCAD) are to be provided by Ballbe and Associates, Inc.

Task 3 - Bid Phase Services

,\ssist	lienl v-;ilh responding lo questions 1rom potential construction bidders and entluuling bids recei,·ed. Pro, ide Clie11t with engineer's recom111e11dation of award.	COMPLETE

Additional Services:

l.		Additional Services can be provided upon Mock•Roos receiving signed authorization from the Client.

Fees and Rates:

Mock•Roos will complete the Scope  r erv1ce for the lump sum fee of$192,850. COMPLETE

Mock•Roos will complete the appended Scope of Services for the lump sum fee of $4,920.

Mock•Roos can provide Additional Services at the Mock•.Roos rates in effect at tbat time, plus any reimbursable expenses, or for an agreed upon lump sum fee.

F:\_PROPOSALS\ball\C0024.20 - Avenir PSRe-design\20230919_Scopeof Work_Appendment.docx

Conditions:

l.		All tenns become vaJid upon Mock•Roos receiving an executed copy of this proposal within 60 days of its date.

	ff the Scope of, ervicc .is not completed by Jun 30 2021 for rca on other thu11 those witltin the control or Mock•Roos, Mock•Roo  ma  reque t addiLional compensation.

	All documents are the property of the Client and will be provided electronically for the CIient's records. Hard copies may be provided upon receipt of a reasonable reproduction fee.

Acceptance and Authorization to Proceed:

This proposal is acceptable and Mock•Roos has authorization to proceed with the Scope of Services outlined above. This authorization becomes valid upon Mock•Roos receiving one executed copy of this proposal with original signatures below.

Avenir Community Development District

MOCK•ROOS	/l

Signed: 	 _

Signed:, -,

-- {2 _' 	 _

Name: 		Name:	Garry Gruber, P.E.

Titl.e:			Title:		Senior Vice President	 Date:			 Date:		September 19, 2023

Please return one executed copy of this proposal with original signatures to Mock•Roos. Thank you.

F:\_PROPOSALS\btlll\C002420 - Avenir PSRe-designl20230919_ScopeofWork_AppendmenLdocx

Avenir - Stormwater Pump Station Engineering Design Services - Design Modification

+

Labor Classification

Tas Description	C1v11Eng	er	Total

Engineer	Engineer	Coordinator

k	.	.	Principal Civil	Lead Civil	. .

.	Project

ine

0

-l-

_•

!	Redesig  discharge to distrirbution swale	2

8	t

$135.0

$_6_o.

_

l
I
'.

_o_o

16		 $	3,870

$	1,050

_

l

Labor Hourly Billing Rate	$195.00

$165.00

2	Coordination	2	I	4
Labor Subtotal Hours	1	4	.1	12

16 	I

0

Labor Hourly Billing Rate	,	$195.00	J	$165.00	$135.00

I-	$60.00	1

Labor Individual Totals
Engineering Design Services
Reimbursable Project Total

1	$780.00	l	$1,980.00	$2,160.00	I	$0.00	$4,920.00
$4,920.00
$0.00
$4,920.00

F.\_PROPOSALS\bal/\C0024.20 - Avenir PS Re-design\20230919_Fee Worksheet_addl design services.xlsx PA No.C0024.xx

Mock•Roos
Page 92/18912023

Instrument Prepared By and Return to:

Michael J. Pawelczyk, Esq.
Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 East Las Olas Boulevard, Suite 600
Fort Lauderdale, Florida 33301

Folio No(s).	

COVENANT TO MAINTAIN
(Coconut Boulevard Entrance Features)

KNOW ALL MEN BY THESE PRESENTS that the AVENIR COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes (the “Owner” or the “District”), having its address at c/o Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida, hereby makes, declares and imposes on the lands herein described, this Covenant to Maintain containing the covenants running with the title to the lands described herein (the “Covenant”), which Covenant shall be binding on Owner and its heirs, successors, successors-in-title, and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by,-through or under them.

WITNESSETH:

WHEREAS, the Owner is the fee simple owner of certain real property situated within the boundaries of the District, within the City of Palm Beach Gardens, Palm Beach County, Florida, and in the vicinity of the intersection of Coconut Boulevard and Northlake Boulevard, which property is more particularly described in Exhibit “A” attached hereto and made a part hereof (the “District Property”); and

WHEREAS, the Owner has received approval from the City of Palm Beach Gardens, a Florida municipal corporation (the “City”), to construct on District Property certain entrance feature improvements, including, but not limited to, concrete entry features, including appurtenant fountains, water trellis, metal roof, electrical and lighting (collectively, the “Planned Community Development Entry Features” or the “PCD Entry Features), which PCD Entry Features are or, upon construction, wiill be owned by and be the maintenance responsibility of the Owner; and

WHEREAS, the City has granted Administrative Approval under petition ADMN-23-05-0015 (“City Approval”) permitting the construction of the PCD Entry Features by Owner on District Property, subject to the recording of this Covenant in the Public Records of Palm Beach County, Florida; and

WHEREAS, the Covenant is being required by the City to assure the City that the PCD Entry Features will be continually and properly maintained by the Owner, that the the PCD Entry Features are maintained in good condition and repair in perpetuity in

accordance with the City Approval, and that the Owner will relocate the PCD Entry Features, or a portion thereof, in the event the City undertakes certain identified improvements to the adjacent Northlake Boulevard and Coconut Boulevard rights-of- way; and

WHEREAS, the Owner intends to maintain the PCD Entry Features as provided herein and in accordance with the City Approval.

NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and other good and valuable considerations:

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 Covenant by Owner in favor of the City.

The Owner shall be responsible to maintain the PCD Entry Features located on the District Property at its sole cost and expense in a manner consistent with its maintenance of similar improvements throughout and the overall appearance of the District. Maintenance includes the timely payment for all utility charges (i.e. electric, irrigation) associated with the PCD Entry Features.

It is hereby understood and agreed that any official inspector of the City, or its duly authorized agents, may have the privilege at any time of entering the District Property to inspect the same for compliance with this Covenant.

In the event the PCD Entry Features are required by the City to be relocated due to the construction of the Northlake Boulevard eastbound and/or southbound dual left turn lanes at the Coconut Boulevard intersection, the Owner shall be responsible for the associated costs and shall coordinate with the City on the approval process in accordance with City Code Section 78-48 of the City Code of Ordinances. In the event the Entry Features are required by the City to be recloacted due to the construction of the Coconut Boulevard southbound triple left turn lanes at the Northlake Boulevard intersection, the Owner shall be responsible for the associated costs and shall coordinate with the City on the approval process in accordance with City Code Section 78-48 of the City Code of Ordinances.

Nothing in this Covenant is intended to limit, restrict, or prohibit the Owner’s right to modify, change, add to, or remove any PCD Entry Features, subject to any permit requirements of the City, provided such action is not inconsistent with the intent of this Covenant.

This Covenant shall be and constitutes a covenant running with the land in favor of the City, and shall remain in full force and effect and be binding on the undersigned, its heirs, successors, successors-in-title, assigns, personal representatives, mortgagees, lessees, and against all persons claiming by,-through or under them, until such

time as this obligation has been canceled by an affidavit filed in the Public Records of Palm Bech County, Florida by the City.

The Owner does hereby warrant that this Covenant has been duly executed by the proper officer of the Owner and with the approval of the Board of Supervisors of the Avenir Community Development District.

This Covenant shall be recorded in the public records of Palm Beach County, Florida, at the cost and expense of the Owner.

SIGNED, DEALED, EXECUTED, AND ACKNOWLEDGED, this 	 day
of 	, 2023.

Signed, sealed and delivered In the Presence of:

Witness

AVENIR COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes

By:		 Virginia Cepero, Chair
Board of Supervisors

Print Name

Witness

Print Name

STATE OF FLORIDA	)
):ss COUNTY OF 		)

I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, by Virginia Cepero, as Chair of the Board of Supervisors AVENIR COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose of government established pursuant to Chapter 190, Florida Statutes. She is     personally known to me, or has produced
	 as identification.

Witness my hand and official seal in the County and State aforesaid this 	 day of
	, 2023.

Notary Public of the State of Florida
[SEAL]	My Commission Expires:	

Exhibit “A”

District Property

November 13, 2023

Special District Services, Inc Jason Pierman
District Manager 2501A Burns Rd
Palm Beach Gardens, FL 33410

RE:	Appraisal Report
Parcel A-16 Lakes, total acreage 17.013

Dear Mr. Pierman:

The following is the requested proposal for our firm to perform Appraisal Services for the above referenced properties. If this document is executed it will also serve as an engagement contract for the proposed scope of work.

These services will be performed in accordance with the following provisions:

Client	Special District Services, Inc and their assigns.

Intended Use	Internal use and decision-making purposes

Intended User(s)	Special District Services, Inc and their assigns.

Scope of Assignment	The scope of our engagement will include the applicable research and analysis
required to estimate the current market value of the subject property at its highest and best use.

Assignment Conditions	Specific assignment conditions to be assumed by the appraiser per the client’s
request:
None

Presentation of Findings	Narrative Appraisal Report
Electronic copy in PDF format. Hard copies upon request.

Professional Fee	The professional fee for this assignment will not exceed $3,500 for the referenced
scope of work.

Retainer	None

Special District Services, Inc. Pod 16 Lake Appraisal)

Responsibility for Fees	If the balance of the payment is not made upon completion of the identified
assignment, we will have the right to seek immediate enforcement of this agreement including the recovery of all costs and attorney fees associated with taking any legal action. Disputes arising out of this agreement will be governed by the laws of the state of Florida without regard to or application of choice of law rules or principles. The exclusive venue of any action or proceeding to enforce this agreement is Palm Beach County, Florida.

Additional Services	If additional work is required for additional research or analysis, hourly rates will
be based at $350 per hour for Senior Managing Directors (SMD), $175 per hour for Senior Appraisers (SA), and at $100 per hour for associate appraisers (AA). If court appearances, travel or meetings, are required, then additional time for pretrial preparation, preparation for depositions, depositions, trial consultation, court testimony or arbitration, will be charged at the same hourly rates noted above. If hourly billing is anticipated, a retainer equal to the proposed next billing cycle will be required. The initial retainer will be based on the estimated billing time. At the end of the assignment, unused portions of the retainer will be reimbursed.

Delivery	Work product will be delivered within 13 business days by: November 30, 2023 (final electronic report)
Above dates assume execution of this engagement contract and receipt of the deposit, if required, within 3 business days of the preparation date of this agreement and receipt of requested subject property documentation within 7 days of the preparation date of this agreement. Requested items for each property are as follows:

Requested Items	1)	Pod 16 Survey
Survey of Lakes
Legal Descriptions for Lakes
Property Contact for Site Inspection

Professional Standards Governing Assignment

The analyses, opinions, and conclusions will be developed and presented in conformance with (and the use of this report is subject to) the requirements of: (1) the Uniform Standards of Professional Appraisal Practice, and (2) the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute.

Assignment Not Contingent	Our compensation will not be contingent on an action or event resulting from the
analyses, opinions, or conclusions in, or the use of, the findings or any resulting report. Furthermore, the assignment will not be based on any requested value.

Special District Services, Inc. Pod 16 Lake Appraisal)

Once again, thank you for considering our firm for this assignment. Should you wish to proceed please execute your agreement to this engagement letter in the place indicated below, retain a copy for your records and return the duplicate original to us for our records, along with the deposit. We look forward to working with you.

Attached to and incorporated in this engagement letter are Valbridge Property Advisors | Palm Beach | Treasure Coast’s Terms and Conditions of Agreement. These Terms and Conditions are a substantive part of our engagement and govern the work to be performed for you. The appraisal will be completed in a timely fashion.

Respectfully submitted,
Valbridge Property Advisors | Palm Beach | Treasure Coast

David W. Boyd, MAI
Senior Managing Director
Florida State-Certified General Appraiser #RZ354 dboyd@valbridge.com
(561) 833-5331

AGREED AND ACCEPTED

Signature	Title

Name (type or print)	Date

Special District Services, Inc. Pod 16 Lake Appraisal)

STANDARD TERMS AND CONDITIONS FOR SERVICES AGREEMENT
“Personnel.” When capitalized, the term “Personnel” refers to all employees, partners, owners, shareholders, members, officers, directors or independent contractors of the respective party.
Responsibility for Services. Valbridge Property Advisors | Palm Beach|Treasure Coast is solely responsible for the services provided under this Agreement and the work product of its appraisers. Valbridge Property Advisors | Palm Beach|Treasure Coast is an independently owned and operated franchisee member firm of Valbridge Property Advisors Franchising System, LLC, which is a subsidiary of Valbridge Property Advisors, Inc. (both collectively referred to below as “VPA”). VPA and its subsidiaries (including Valbridge Property Advisors Franchising System, LLC, Data Appraise Systems, LLC, and Valbridge Property Advisors Data Solutions, LLC) do not perform valuation services, are not being engaged to provide any services under this Agreement and have no responsibility concerning or liability for the services of Valbridge Property Advisors | Palm Beach|Treasure Coast or any appraisal or other work product.
Appraisal Fee Changes. The appraisal fee is based on an understanding of the assignment as outlined in the specifications for the appraisal. Changes in the scope of work or unanticipated matters concerning the property may result in a higher fee and will be billed at Valbridge Property Advisors | Palm Beach|Treasure Coast’s regular hourly rates. If Client places the assignment “on hold” and then reactivates the assignment, an additional charge may apply due to the inefficiency created. If Client cancels the assignment prior to completion, Client agrees to pay for Valbridge Property Advisors | Palm Beach|Treasure Coast’s costs and time incurred at its regular hourly rates prior to its receipt of written notice of such cancellation.
Services Performed on an Hourly Basis. If this assignment includes a provision for services performed on an hourly billing basis, the hourly rates for such services are subject to periodic adjustment to current rates. Valbridge Property Advisors | Palm Beach|Treasure Coast will provide 30 days’ notice to Client prior to any rate increases. If Client chooses not to consent to the increased rates, Client may terminate the Agreement by written notice effective when received by Valbridge Property Advisors | Palm Beach|Treasure Coast. If this assignment includes a provision for services performed on an hourly billing basis, Client acknowledges that Valbridge Property Advisors | Palm Beach|Treasure Coast has not committed to any total fee amount to be incurred by Client under this Agreement.
Intended Users and Uses of Appraisal. In accordance with applicable professional appraisal standards, each appraisal report will identify the client, any additional intended users, and the intended use(s) of the appraisal. Valbridge Property Advisors | Palm Beach|Treasure Coast shall have no responsibility, obligation or liability to any party who is not identified as the client or as an additional intended user in the appraisal report or for any uses of an appraisal that are not identified in the report. Any party who is not the client or an intended user is not entitled to use or rely on the appraisal without the express written consent of Valbridge Property Advisors | Palm Beach|Treasure Coast, notwithstanding that such a party may receive a copy of the report for compliance or informational purposes.
Independence of Appraisal Services. The services performed under this Agreement will be delivered in a manner that is independent, impartial and objective. Valbridge Property Advisors | Palm Beach|Treasure Coast’s fees and Client’s obligation to pay are not contingent on the value of the property, any other assignment results, the funding of any loan, or the outcome of any dispute or litigation. Any opinions expressed about the potential outcome of a matter or case are not guarantees of the outcome.
Confidentiality. Valbridge Property Advisors | Palm Beach|Treasure Coast and its Personnel will comply with all confidentiality duties imposed by applicable law and professional standards. Client agrees that Valbridge Property Advisors | Palm Beach|Treasure Coast may disclose the appraisal report, assignment results and other information relating to an appraisal, including information which may be considered

Special District Services, Inc. Pod 16 Lake Appraisal)

confidential under applicable professional standards, to third parties as required by law or as necessary for compliance with professional standards. Client further consents to and authorizes Valbridge Property Advisors | Palm Beach|Treasure Coast to disclose the appraisal report, assignment results and other information relating to an appraisal, including information which may be considered confidential under applicable professional standards, as reasonably necessary to defending or responding to threatened or actual legal or regulatory actions or for insurance coverage of such matters.
Testimony in Court or Other Proceedings. Unless otherwise stated in this Agreement, Client agrees that Valbridge Property Advisors | Palm Beach|Treasure Coast’s engagement under this Agreement does not include Valbridge Property Advisors | Palm Beach|Treasure Coast’s or its Personnel’s participation in or preparation for any oral or written testimony in a judicial, arbitration or administrative proceeding; or attendance at any judicial, arbitration or administrative proceeding relating to this assignment. Client will not designate or disclose Valbridge Property Advisors | Palm Beach|Treasure Coast or any of its Personnel as an expert witness in any court, arbitration or other proceeding without the prior written consent of Valbridge Property Advisors | Palm Beach|Treasure Coast.
Subpoenas and Testimony. In the event that Valbridge Property Advisors | Palm Beach|Treasure Coast or any of its Personnel is compelled by subpoena or other legal or administrative process to provide testimony or produce documents relating to the appraisal or services under this Agreement, whether in court, deposition, arbitration or any other proceeding, Valbridge Property Advisors | Palm Beach|Treasure Coast shall provide notice thereof to Client and Client agrees that Valbridge Property Advisors | Palm Beach|Treasure Coast or any of its Personnel may disclose such information as required to comply with such process and to compensate Valbridge Property Advisors | Palm Beach|Treasure Coast for the reasonable time incurred in connection with preparation for and provision of such testimony and/or documents at Valbridge Property Advisors | Palm Beach|Treasure Coast’s rates in effect at that time and reimburse its reasonable actual expenses.
Withdrawal Prior to Completion. Valbridge Property Advisors | Palm Beach|Treasure Coast may terminate its rendition of services for the assignment(s) contemplated under this Agreement and withdraw without penalty or liability before completion or reporting of the appraisal in the event that it determines, at its sole discretion, that incomplete information was provided to Valbridge Property Advisors | Palm Beach|Treasure Coast prior to the engagement, that Client or other parties have not or cannot provide documentation or information necessary to Valbridge Property Advisors | Palm Beach|Treasure Coast’s analysis or reporting, that conditions of the subject property render the original anticipated scope of work inappropriate, that Valbridge Property Advisors | Palm Beach|Treasure Coast becomes aware that a conflict of interest has arisen, or that Client has not complied with its payment obligations under this Agreement.
Third-Party Beneficiaries of Agreement. The Personnel of Valbridge Property Advisors | Palm Beach|Treasure Coast, VPA, its subsidiaries and their Personnel, and each franchisee and licensee of VPA assisting or providing any services in connection with the services to be provided under this Agreement and each of such franchisee’s and licensee’s Personnel (each a “Third-Party Beneficiary”) shall each be an express third-party beneficiary of this Agreement and entitled to all of the rights and protections of and applicable to Valbridge Property Advisors | Palm Beach|Treasure Coast, and the limitations applicable to the Client, set forth herein (including, without limitation, the provisions regarding Intended Users and Uses of Appraisal, Maximum Time Period for Legal Actions, Mutual Limitations of Liability, Indemnification, Subpoenas and Testimony, Unauthorized Use or Publication, No Responsibility for Certain Conditions and Arbitration). Without limiting the foregoing, although VPA and its subsidiaries will provide no services under this Agreement, in the event of any legal claim or dispute, the following protections and limitations shall apply for the benefit of each Third-Party Beneficiary: Responsibility for Services, Intended Users and Uses of Appraisal, Maximum Time Period for Legal Actions, Mutual Limitations of Liability, Indemnification, Subpoenas and Testimony, No Responsibility for Certain Conditions and Arbitration, and no waiver, modification or amendment of such provisions shall apply
Valbridge Property Advisors | Palm Beach | Treasure Coast	Pg. 5 of 8
Page 37

Special District Services, Inc. Pod 16 Lake Appraisal)

to any Third-Party Beneficiary, unless such waiver, modification or amendment is in writing and executed by such Third-Party Beneficiary. There are no other third-party beneficiaries of this Agreement or the services performed under this Agreement.
No Unauthorized Use or Publication. No part of an appraisal report or the opinions or conclusions stated in a report may be published or used in any advertising materials, property listings, investment offerings or prospectuses, or securities filings or statements without Valbridge Property Advisors | Palm Beach|Treasure Coast’s prior written authorization. If Client publishes or uses the report or Valbridge Property Advisors | Palm Beach|Treasure Coast’s work product without such authorization or provides the report or other work product for unauthorized use or publication, Client agrees to indemnify and hold Valbridge Property Advisors | Palm Beach|Treasure Coast and its Personnel harmless from and against all damages, liabilities, losses, causes of actions, expenses, claims and costs, including attorneys' fees, incurred in the investigation and/or defense of any claim arising from or in any way connected to the unauthorized use or publication.
No Responsibility for Certain Conditions. Notwithstanding that a report may comment on, analyze or assume certain conditions, unless otherwise stated in the report, Valbridge Property Advisors | Palm Beach|Treasure Coast and its Personnel shall have no responsibility for investigating and shall have no responsibility or liability for matters pertaining to: (a) title defects, liens or encumbrances affecting the property; (b) flood zones, earthquake zones, surveys, property lines or boundaries pertaining to the property; (c) the property’s compliance with local, state or federal zoning, planning, building, occupancy permits, disability access, life safety and environmental laws, regulations and standards; (d) building permits and planning approvals for improvements on the property; (e) structural or mechanical soundness or safety; (f) contamination, mold, pollution, asbestos, storage tanks, subsoil conditions, animal or vermin infestations and hazardous conditions affecting the property; and (f) other conditions and matters for which real estate appraisers are not customarily deemed to have professional expertise. Unless otherwise noted, the appraisal will value the property as though free of pollution, hazardous materials or other contamination of any kind. Valbridge Property Advisors | Palm Beach|Treasure Coast will conduct no hazardous materials or contamination inspection of any kind.
Maximum Time Period for Claims and Proceedings. Unless the time period is shorter under applicable law and except for claims for indemnification pursuant to Section 19, each claim, cause of action, or other proceeding concerning or relating to this Agreement, or the services or the results of the services provided hereunder (each being a “Claim”) between Client and Valbridge Property Advisors
| Palm Beach|Treasure Coast shall be filed (whether in court or in an applicable arbitration tribunal), within two (2) years from the date of delivery to Client of the appraisal report to which the claims or causes of action relate or, in the case of acts or conduct after delivery of the report, two (2) years from the date of the alleged acts or conduct. The time period stated in this section shall: (a) not be extended by any delay in the discovery or accrual of the underlying claims, causes of action or damages, and (b) apply to all non-criminal claims or causes of action of any type, except for intentional fraud or intentionally wrongful conduct.
Mutual Limitations of Liability. Professional standards for the performance of real estate appraisals require that appraisers perform their services independently, impartially, and objectively. Clients and other users of appraisals often have separate legal or regulatory obligations imposed on them in relation to the appraisal process. The provisions of this section are designed to assure that an appraiser can render appraisal services in compliance with professional standards for reasonable compensation and to assure that clients and users can comply freely with their own professional and legal obligations, and any modifications hereof must be in writing and signed by the parties.
Limitations of Liability. To the fullest extent permitted by applicable law, the maximum liability of Valbridge Property Advisors | Palm Beach|Treasure Coast and its Personnel to Client or to any third-party (regardless of whether such party’s claimed use or reliance on the appraisal was authorized by Appraiser) and of Client to Valbridge Property Advisors | Palm Beach|Treasure Coast

Special District Services, Inc. Pod 16 Lake Appraisal)

for any Claim shall be limited to the total compensation actually paid to Valbridge Property Advisors | Palm Beach|Treasure Coast for the appraisal or other services that are the subject of the Claim.
This limitation of liability extends to all types of Claims, whether in contract or tort, but excludes:
(i) claims/causes of action for intentionally fraudulent or criminal conduct, intentionally caused injury, or unauthorized use or publication of the appraisal or work product or (ii) claims/causes of action by Valbridge Property Advisors | Palm Beach|Treasure Coast for the collection of unpaid compensation for the appraisal or other services (for which the maximum recovery shall be the total amount unpaid and owing to Valbridge Property Advisors | Palm Beach|Treasure Coast, plus applicable interest and late charges), or (iii) claims, causes of action, or other proceedings by Valbridge Property Advisors | Palm Beach|Treasure Coast or its Personnel against Client in accordance with Section 19 (each an “Indemnification Claim”), or for publication of any report other than as may be expressly permitted by this Agreement (each a “Publication Claim”).
No Special or Consequential Damages. Except in the case of an Indemnification Claim or a Publication Claim, neither Valbridge Property Advisors | Palm Beach|Treasure Coast/its Personnel nor Client shall be liable to one another or to any third party (regardless of whether such party’s claimed use or reliance on the appraisal was authorized by Appraiser) claiming by or through any of them or as a result of an appraisal or the matters set forth in this Agreement for special or consequential damages, including, without limitation, loss of profits, prospective business opportunities, or damages caused by loss of use of any property, regardless of whether arising from negligence or a breach of this Agreement or otherwise, and regardless of whether a party was advised or knew of the possibility of such damages.
Application to Other Parties. The limitations of liability in this section shall also apply to Claims against a Third-Party Beneficiary.
No Assignment of Claims. No rights under this Agreement and no Claim may be assigned by any party, except: (i) if set forth in the scope of services or (ii) with regard to the collection of a bona fide existing debt for payment for the services.
Internal Compliance Reviews. The appraisal or other work product and files may be disclosed to and subject to evaluation by Valbridge Property Advisors, Inc. for internal compliance purposes. Such evaluations do not establish any responsibility to Client or any other parties. Client consents to disclosure of information relating to the appraisal for that purpose.
Arbitration. Except for the Claims described hereinbelow, each Claim shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be a mutually agreed location within the state in which the subject property is located. This arbitration requirement shall not apply to any Indemnification Claim, Publication Claim, or any Claim for monetary damages under $5,000, or for collection of amounts due pursuant to this Agreement and not timely or fully paid.
Indemnification. Client will defend, indemnify and hold Valbridge Property Advisors | Palm Beach|Treasure Coast and its Personnel (each being an “Indemnified Party”) harmless from and against any liabilities, damages, obligations, costs, and expenses (including attorneys’ fees) arising out of or suffered by an Indemnified Party from or in connection with any claim, cause of action, or other proceeding brought by a third party (a “Third-Party Action”) where such Third-Party Action arises in connection with, results from, or is based in whole or in part upon: (a) publication of the appraisal report or all or any part of its content in a manner inconsistent with the terms of this Agreement, (b) use or reliance on the appraisal by a person, entity, or association not identified as an intended user, unless Valbridge Property Advisors | Palm Beach|Treasure Coast has consented in writing to adding such person as an intended user, (c) Client’s provision of inaccurate information or documentation, (d)

Special District Services, Inc. Pod 16 Lake Appraisal)

Client’s provision of an incomplete copy of the appraisal report to any person, entity, or association, or
(e) Client’s use or provision of the appraisal for a purpose other than its identified intended use.
Governing Law and Jurisdiction. This Agreement and each Claim shall be governed by the law of the state in which Valbridge Property Advisors | Palm Beach|Treasure Coast’s office performing the assignment is located, exclusive of that state’s choice of law rules. Client and Valbridge Property Advisors | Palm Beach|Treasure Coast agree that, except for Indemnification Claims and Publication Claims, each Claim and each legal proceeding to enforce an arbitration award entered pursuant to the arbitration provision of this Agreement, shall be brought in a state or federal court having jurisdiction over the location of the Valbridge Property Advisors | Palm Beach|Treasure Coast’s office performing the assignment, and the parties hereby waive any objections to the personal jurisdiction or venue of such court.
Severability. If any provision of this Agreement is held, in whole or part, to be void, unenforceable, or invalid for any reason, the remainder of that provision and the remainder of the entire Agreement shall be severable and remain in full force and effect.
Execution of Agreement. Execution of this Agreement and delivery of an executed copy by any party by electronic means will be as effective as delivery of a manually executed copy by such party. In the event that any or all off services described in this Agreement are performed at Client’s request or direction, but prior to or without Client’s execution of the Agreement, the terms and conditions of this Agreement, including Client’s obligation to pay, shall still apply.
Entire Agreement and Modifications. This Agreement contains the entire agreement of the parties. No other agreement, statement or promise made on or before the effective date of this agreement will be binding on the parties. This Agreement may only be modified by a subsequent agreement of the parties in writing signed by all the parties.
Survival. Sections 2, 5 through 10, and 12 through 23 of these Terms and Conditions shall survive and continue to be applicable after completion of the services described herein.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.:
Issuing Agent: First American Title Insurance Company, Florida Agency Escrow Team Issuing Office:
Issuing Office’s ALTA® Registry ID:
Commitment Number: 110163483
Issuing Office File Number: Avenir Community Development District Property Address: TBD, TBD, FL
Revision Number: 2 (Revised & Updated November 16, 2023)

SCHEDULE A

Commitment Date: November 14, 2023 at 8:00 a.m.

Policy to be issued:
2021 ALTA Policy - form(s) To Be Determined
Proposed Insured: Avenir Community Development District, a local unit of special purpose government
Proposed Amount of Insurance: $100,000.00
The estate or interest to be insured: See Item 3 below
2021 ALTA Policy - form(s) To Be Determined
Proposed Insured: None and each successor and/or assign that is defined as an Insured in the Conditions.
Proposed Amount of Insurance: $
The estate or interest to be insured: See Item 3 below

The estate or interest in the Land at the Commitment Date is: Fee Simple
The Title is, at the Commitment Date, vested in:

Avenir Development, LLC, a Florida limited liability company, by virtue of Book 34080, Page 1560.

The Land is described as follows:

See Exhibit A attached hereto and made a part hereof

This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.

Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.

Form 50184612 (10-3-22)	Page 1 of 15

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

First American Title Insurance Company

By:
as Vice President of First American Title Insurance Company

(This Schedule A valid only when Schedule B is attached)

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

Issuing Office File Number: Avenir Community Development District

SCHEDULE B, PART I—Requirements

All of the following Requirements must be met:

The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions.

Pay the agreed amount for the estate or interest to be insured.

Pay the premiums, fees, and charges for the Policy to the Company.

Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records.

Warranty Deed from Avenir Development, LLC, a Florida limited liability company, by virtue of Book 34080, Page 1560., to Avenir Community Development District, a local unit of special purpose government. In connection with said deed, we will further require regarding the grantor:

Production of a copy of the articles of organization and operating agreement if adopted, with an affidavit affixed thereto that it is a true copy of the articles of organization and operating agreement, and all amendments thereto (the "Enabling Documents"), and that the limited liability company has not been dissolved;

That said deed shall be executed by all of the members, unless the articles of organization provide that the company shall be governed by managers, then said deed shall be executed by all of the managers;

If the Enabling Documents authorize less than all of the members, or managers as the case may be, to execute a conveyance, then said deed may be executed by such members or managers as are authorized by the articles of organization and operating agreement to execute a conveyance, together with any documentary evidence which may be necessary to show the authority of the parties executing the deed to bind the limited liability company;

Should any member, or manager if applicable, be other than a natural person, we will require proof of good standing as well as documentation of authority of the person to execute documents on its behalf;

Certificate from the Secretary of State (or other governmental agency designated for the filing of the Enabling Documents) of said limited liability company's domicile, showing the

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

limited liability company to have been formed prior to the date of acquisition, together with proof as to the current status of said limited liability company;

Documentary evidence in recordable form, showing compliance with all requirements regarding conveying company property contained in the Enabling Documents; and

The Company reserves the right to amend the commitment, including but not limited to, the addition of further requirements and/or exceptions as it deems necessary based upon a review of any of the documentation required above.

Partial Release of Purchase Money Mortgage, releasing the land to be insured from encumbrance of the Mortgage from Avenir Development, LLC, a Florida limited liability company in favor of Avenir Holdings, LLC, a Florida limited liability company, recorded June 11, 2021 in Book 32576, Page 1396, as modified by Mortgage Modification, Future Advance and Spreader Agreement recorded October 26, 2022 in Book 33913, Page 1611; Mortgage Modification, Future Advance and Spreader
Agreement recorded January 20, 2023 in Book 34080, Page 1588.

Release of Memorandum of Agreement by and between Avenir Holdings, LLC, a Florida limited liability company and Avenir Development, LLC, a Florida limited liability company, recorded January 20, 2023 in Book 34080, Page 1573.

Satisfactory verification from appropriate governmental authorities that any and all unrecorded Special Taxing District Liens, City and County Special Assessment Liens, MSBU Assessment Liens, Impact Fees, and Water, Sewer and Trash Removal Charges, have been paid.

Proof of payment of any and all Homeowners Association liens and/or assessments against the land described in Schedule A (including, but not limited to, any special assessments or payments due to others such as master associations).

Execution at time of closing of the Seller/Owner's Affidavit by owners herein disclosing all facts relative to mechanics', laborers' and materialmens' liens and all facts relevant to parties in possession of the premises to be insured at time of closing. The Company reserves the right to make additional requirements in relation thereto.

Proof of payment of taxes and assessments for the year 2023, and prior years, plus any penalties and interest.

Note: The following is for informational purposes only and is given without assurance or guarantee: 2023 taxes show Payable. The gross amount is $364,357.26 for Tax Identification No. 52-41-41-28-01-001- 0135.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

SCHEDULE B, PART II—Exceptions

Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage.

The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:

Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the Effective Date but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.

Any rights, interests, or claims of parties in possession of the land not shown by the Public Records.

Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land.

Any lien, for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the Public Records.

Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the Land prior to Date of Policy, and any adverse claim to all or part of the Land that is, at Date of Policy, or was previously under water.

Taxes or special assessments not shown as liens in the Public Records or in the records of the local tax collecting authority, at Date of Policy.

Any minerals or mineral rights leased, granted or retained by current or prior owners.

The Standard Exception for any minerals or mineral rights leased, granted or retained by current or prior owners is hereby deleted.

Taxes and assessments for the year 2024 and subsequent years, which are not yet due and payable.

NOTES FOR STANDARD EXCEPTIONS: Standard Exceptions for parties in possession, for mechanics liens, and for taxes or special assessments not shown as liens in the public records shall be deleted upon receipt of an acceptable Non-Lien and Possession Affidavit establishing who is in possession of

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

the lands, that there are no liens or encumbrances upon the lands other than as set forth in the Commitment, that no improvements to the lands have been made within the past 90 days or are contemplated to be made before closing that will not be paid in full, and that there are no unrecorded taxes or assessments that are not shown as existing liens in the public records. Any Policies issued hereunder may be subject to a Special Exception for matters disclosed by said affidavit.
Standard Exception(s) for questions of survey may be deleted upon receipt and review of a properly certified Survey meeting the Florida Minimum Technical Standards for all land surveys dated no more than 90 days prior to closing or such other proof as may be acceptable to the Company. Any Policies issued hereunder may be subject to a Special Exception for matters disclosed by said survey or proof.

	9. Reservation of one-half of the oil and mineral rights by Colorado Development Company contained in Warranty Deed recorded in Deed Book 943, Page 333, Public Records of Palm Beach County, Florida. Said rights conveyed by instruments recorded in Official Records Book 899, Page 214; Official Records Book 1802, Page 266; Official Records Book 3710, Page 1109; Official Records
Book 3710, Page 1111; Official Records Book 5302, Page 1896; Official Records Book 5302, Page
1897; Official Records Book 5302, Page 1898; Official Records Book 5926, Page 1774; Official
Records Book 8320, Page 686; Official Records Book 8611, Page 1722; Official Records Book 16747, Page 304; Reservation of ingress and egress easements contained in Agreement recorded August 6, 1973, in Official Records Book 2196, Page 717; Notice of Interest recorded December 30, 1975, in Official Records Book 2492, Page 1359; Release of Surface Rights recorded January 4, 2001, in Official Records Book 12236, Page 199 (as to that portion of the subject property which lies within the Embankment Easement as described in the Order of Taking recorded in Official Records Book 12173, Page 5); and Release of Surface Rights (as to all remaining encumbered lands) recorded October 31, 2012, in Official Records Book 25564, Page 1330, Public Records of Palm Beach County, Florida. ALL RIGHTS OF ENTRY, ACCESS AND EXPLORATION ARE RELEASED, PURSUANT TO RELEASE OF SURFACE RIGHTS RECORDED OCTOBER 31, 2012, IN OFFICIAL RECORDS BOOK 25564, PAGE 1330, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

	Amended Potable Water, Reclaimed Water and Wastewater Utilities Franchise and Service Area Agreement recorded October 21, 2004, in Official Records Book 17664, Page 583.

	Notice of Interest in favor of Seacoast Utility Authority recorded May 8, 2014, in Official Records Book 26779, Page 403.

	Notice of Establishment of the Avenir Community Development District recorded February 8, 2017, in Official Records Book 28883, Page 378.

	Final Judgment (CDD Bonds) recorded June 23, 2017, in Official Records Book 29176, Page 701; together with Final Judgment (for validation of revenue bonds for Avenir Community Development District) recorded June 16, 2020, in Official Records Book 31498, Page 1389.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

	Blanket Communications Easement Agreement in favor of AV Broadband, LLC, a Florida limited liability company recorded November 1, 2017, in Official Records Book 29442, Page 525; together with a First Amendment to Blanket Communications Easement recorded May 23, 2018, in Official Records Book 29872, Page 294; Second Amendment recorded April 12, 2019, in Official Records Book 30540, Page 376.

	Memorandum of Developer Agreement recorded April 4, 2018, in Official Records Book 29758, Page 993; as affected by First Amendment recorded September 5, 2018, in Official Records Book 30102, Page 1973.

Lien of Record of Avenir Community Development District (Assessment Area Three - Master Infrastructure Project) as set forth in instrument recorded February 1, 2023 in Book 34101, Page 1110.

Collateral Assignment and Assumption of Development Rights Related to Avenir (Assessment Area Three - Master Infrastructure Project) as set forth in instrument recorded February 1, 2023 in Book 34101, Page 1121.

True-Up Agreement (Assessment Area Three - Master Infrastructure Project) as set forth in instrument recorded February 1, 2023 in Book 34101, Page 1138.

Declaration of Consent to Jurisdiction of the Avenir Community Development District (Imposition of Special Assessments, and Imposition of Lien of Record, Assessment Area Three - Master Infrastructure Project) as set forth in instrument recorded February 1, 2023 in Book 34101, Page 1157.

Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(s) under the lease(s).

Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of AVENIR - POD 16, as recorded in Plat Book 136, Page(s) 168-183, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).

Note: All of the recording information contained herein refers to the Public Records of PALM BEACH County, Florida, unless otherwise indicated. Any reference herein to a Book and Page or Instrument Number is a reference to the Official Record Books of said county, unless indicated to the contrary.

Searched by: Terrence Adriaansen, CLS/Senior Commercial Title Examiner - 407-691-5225 - tadriaansen@firstam.com

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

Notices - Where Sent

All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company, Attention: Claims Department, 1 First American Way, Santa Ana, CA 92707 (claims.nic@firstam.com).

Service, Quality and Availability

First American Title Insurance Company cares about its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving you. A toll-free number is available for your convenience in obtaining information about coverage and to provide assistance in resolving complaints at 1-800-854-3643. Office hours are from 8:30 a.m. through 5:30 p.m. PST Monday through Friday.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

November 16, 2023

Re: File #110163483
Property Address: TBD, TBD, FL

First American Title Insurance Company
PO Box 776123
Chicago, IL 60677-6124
Phn - (727)549-3200
Fax - (866)265-4386

REISSUE CREDIT NOTICE

Issued by

First American Title Insurance Company
YOU MAY BE ENTITLED TO A REDUCED PREMIUM FOR TITLE INSURANCE IF THIS OFFICE IS PROVIDED WITH A PRIOR OWNER’S POLICY INSURING THE SELLER OR MORTGAGOR IN THE CURRENT TRANSACTION.

The purpose of this letter is to provide you with important information regarding the title insurance premium that has been or will be charged in connection with this transaction.
Eligibility for a discounted title insurance premium will depend on: REFINANCE TRANSACTIONS:
To qualify for a reduced premium for title insurance you must provide our office with a copy of your
prior owner’s policy of title insurance insuring your title to the above-referenced property.

SALES TRANSACTIONS:
To qualify for a reduced premium for title insurance you must provide our office with a copy of your (or your seller’s) prior owner’s policy of title insurance insuring your title to the above referenced property. The effective date of the prior owner’s policy must be less than three years old or the property insured by the policy must be unimproved (except roads, bridges, drainage facilities and utilities are not considered improvements for this purpose).

To qualify for the reduced rate, you or your representative may hand deliver, mail or fax a copy of the prior owner’s policy of title insurance to your First American issuing agent conducting your settlement prior to closing, although we will accept the prior policy up to 5 working days after the closing date of your transaction.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

EXHIBIT A

The Land referred to herein below is situated in the County of PALM BEACH, State of Florida, and is described as follows:

Tracts W1, W2, W3, W4, LM1, LM2, LM3 and LM4 of AVENIR - POD 16, according to the Plat thereof as recorded in Plat Book 136, Page(s) 168-183, of the Public Records of PALM BEACH County, Florida.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

ALTA COMMITMENT FOR TITLE INSURANCE
issued by
FIRST AMERICAN TITLE INSURANCE COMPANY

NOTICE

IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.

THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.

THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.

COMMITMENT TO ISSUE POLICY

Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured.

If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

COMMITMENT CONDITIONS

DEFINITIONS
“Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class.
“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law.
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment.
“Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment.
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
“Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters.
“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
“Title”: The estate or interest in the Land identified in Item 3 of Schedule A.

If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

The Company’s liability and obligation is limited by and this Commitment is not valid without:
the Notice;
the Commitment to Issue Policy;
the Commitment Conditions;
Schedule A;
Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and
a counter-signature by the Company or its issuing agent that may be in electronic form.

COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment.

LIMITATIONS OF LIABILITY
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
comply with the Schedule B, Part I—Requirements;
eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
acquire the Title or create the Mortgage covered by this Commitment.
The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing.
The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
The Company is not liable for the content of the Transaction Identification Data, if any.
The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction.
This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.

IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose.

PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.

CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.

ARBITRATION
The Policy contains an arbitration clause as follows:
All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising out of or relating to the transaction giving rise to this policy, may be submitted to binding arbitration only when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“ALTA Rules”). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the

ALTA Commitment for Title Insurance
	Florida Modified - 2021 v. 01.00 (07-01-2021)

American Arbitration Association (“AAA Rules”). The AAA Rules are available online at www.adr.org.
If there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this Condition 18 (Condition 17 of the Loan Policy), then only that request for particular relief may be brought in court. All other requests for relief remain subject to this Condition 18 (Condition 17 of the Loan Policy).
Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction.

DEDICATIONS AND RESERVATIONS,

AVENIR PARCEL	D
BEING A REPLAT Of 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, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA

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THAT AVENIR DEVELOPMENT, UC, ,. Fl.OOOA UMlTrD u-.auTY (X)MP,t,NY, AND AVEMR I.OC"'1. UNIT Of SPECIAL PURPOSE: GOVERNMENT ESTABLISHED PURSUANT TO CHAPTER 190, LANO SHO H(l!(ON AS "AVENIR Pf<RCO. 0" BONG A R[PLAT Of A POATIOH Of PMICEL 127,P...,CC850f'Tl-1EPUBLICREC0ROSOfPALM8CACHC0UNTY,  ru:::iAIOA,LYlNGIN
E,t,ST, DTV Of PALM BEACH CAAOENS, PALM BU.CM COUNTY, Fl.ORIOA, BEING MORE

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AVENIR, A.S RECORDED IN PL"T BOOK 127, p,o,G[ 8 Of TH[ PUBLIC SOUTH LINE Of $,t,,I0 PARCEL A-1, SOUffi Ml' •• 02" Wl:ST. A S,1JO P,t,,RCEL..,-1. NORT1" 01'01!' 43" EAST. A DISTANCE Of' 17HlOrEET;  TH£NCE,NORTH01'04I' 4J°EAST,1'DISTANC[ TO TliE Lffl THROU(;li A C[NTRAl ANGlC Of Ill' 29' 4J".
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Of 71.(XI FUT; THCNC£. SOUTH 89" sir!,!" CAST. A OISTANCC Of 27.91 f"E[T; Of 1!1.Hl FUT TO THC BC(ilNHIHC Of A HON-TANCCIIT CURIIC TO THE RICHT HAWIC A RADIUS Of 1320.00 f([l, HAWIC AN ARC OISTANC[ Of Jl.09	WO
SOUTH OT ,.. 1s· CAST FOR A DISTAHCC Of J\.09 FUT; THCHC[ SOUTH 01· ""	EAST. A
THE POINT Of BC(;IHHIHC. (;:ONT-C1°'.8S,ACR[S.lol0REORL£SS.
HAS CAUSCD THC SAME TO BC SURIICYCD AND PI..ATTCD. AS SHO'IIW HEREON. ANO DOCS HERCBY OEDICATC AS FOU.OWS:

TRACTS "A". ANO "B". AS SHOM,1 H(R(ON, ARE HtRtBY RESCRIICO TO "IICNIR DCIICLOPMENT. U.C, A f\.ORllA LilollTCO LIABILITY COMPANY. ITS SUC:CCSSORS AND ASSIGNS. FOR f\JTURE SITE DCIICLOPMENT PURPOSES.
TR"CT ·c·. AS SHO»I HEREON, IS HEREBY RESCR"lll TO O\fflER TttEREOf. ITS SUCC[SSORS ANO ASSIGN. FOR f\JTIJRE SITE DE\£1.0PMENTPURf>OSCS.

THIS INSTRUMENT PREPARED BY RONNIE L. FURNISS
OF
 CAULFIELD and WHEELER, INC.
SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUllE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991 CERllFICAlE Of AUTHORIZATION NO. lB3591 NOVEMBER 2023

AVENIR DEVELOPMENT. LLC.
A FLORIDA LIMITED LIABILITY COMPANY,
STATCOfflORllA) COUNTY Of MIAYI-OAOC)

IN 'MTNESS'M£RCOf", THE A80','[ NAMCDAIICNIRDCVEl.OPM£NT. U.C. AFl..ORfl,.,LIMITO> UABIUTY COMPANY. HAS CAUSCO THESE PftCSCNTS 10 BC SICNCll BY ITS f>RESIOENT.
™S  	DAYOf	,0'1

A\/CHIRDCVEU:lPMENT.LLC.
A f\.ORl)A LIMITED UABIUTY COMPANY.

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81':MANU(Lltl/ATO

MORTGAGEE'S JOINDER AND CONSENT,
STATCorf\.ORIOA)

TliE UNDCRSICNCO HCRCBY C[RT'f'ICS TliATITIS TIE HOUlERor A WORrc,.cc, UPON THE PROPCRTY DC5(;1!18(D HCRCON ANO DOCS HCRCBY ..()IN IN AND CONSENT 10 1HC DEDICA1IONOf1HCL.ANDOCSCl!IBCDINSAIODEDICAT10NBYTliEO°M'IEIITHCREOfANO A(iR[[STHATITSMORTGA()C'M-c)1ISRCCOl!OEDINOFTICIALRCC0RDSBOOI( 29501.AT PAGC 21,. AS AMCNDEO Of THE PU9UC ACCX:ROS or PALM BEACH COUNTY. natlOA. SH-'l.L8ESU80RDINATCDTOTHEOCDICATIONSHIJ'llt,IH£RCON.

IN 'MTNES'S 'IIIHCRCOf, THC 'SAIi> COMPANY HAS CAUSED THfS£ PRCSCNTS TO BC SICNCO
BY ITS AUTHOAIZCD ACPft'ESCNTATl','C BY AND '111TH TH£ AUTHORITY Of ITS BOAAO or OIRCCTORS THIS  	DAYOf 	 ,oa

AIICN!Rt-Kll..DINC5.L.LC
A f\.ORIOA UMITED LIA81UTY COMPANY

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SHEET 1 OF 7
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J. TRACT "0". AS SHO....,. HEREON. IS HEREBY RESERVED TO "VENIR DEVELOPMENT. U.C, A fl.ORIO" LIMITED UABIUTY COMPANY, ITSSUCCCSSORS -'NO AS'SlGNS, F"OR flJTIJRE sm DE\JELOPMENTPURPOS(S.

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AVENIR DEVELOPMENT, LLC,

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ACKNOWLEDGEMENT:
STATCor IDA) CQUNTYOfPAlMBEACM)

tttErORCCOINCINSTRUMCNTWAS ACM:NO'M..EOCCOBEF"ORE ME BY MEANS Of"_

TITLE CERTIFICATION,
STATCorF"LORIDA) COUNTY Of" PALM BEACH)

S. TRACTS "RBCI". "R8E2". "RBCJ" ANO "RBE,", AS SHOWN HCRCON ARC HERCBY DCDICATCD TO A\'ENIR COMMUNITY OEVELOPMEtH DISTRICT, ITS SUCCCSSORS ANO ASSIGNS. FOR PUBLIC ACCESS, BUf"f'CR. DRAINA(j[. SICNAGC. SQ.cot. BUS SHCLTER, I.J(;t1T1N(; ANO UllUTY PIJRPOSC'S. SAIO TRACI'S SHAU BC lH£ ?£RP[TUAL MAll'tTENANCC OIIUGATION Of TliC AYCNIA COMMUNITY OEVELOPMENT OISTfhCT. ITS SUCCCSSORS ANO ASSIGNS. 'IIITHOUT RECOJRSC TO THC CITY Of PALM IICACH CNIOCNS.

A FLORIDA LIMITED LIABILITY COMPANY. ACKNOWLEDGEMENT:
STAT£ or fl.ORICA) COUNTY or YIAMI-OAOC)

THC r()RCCOll+G INSTRUMENT WAS A()(NOW..EOCEO 8EFORE MC BY M£ANS Of - PHYSICAL PRC5CN(:E OR _  ONUNC NOTARIZATIOH, THIS --	DAY or
.c_=,,.. OC>UOOWEH== ,. u.=c. ,.20 : t'.!-LI TOCOWP	n'::

PHYSICA1.PRESCNC(0R   0NUN[NOTARIZATION,THIS  	OAY0F
"""''"'="""'=,"'cs .u.".",.,..,F,. l. ;- :ITE-,-u-.,.,-N-COM-, -,	,,--ON
KHO.,,,. TO ME OR HAS PROOUCEO 	 AS IOENTlflCAOON.

'MMSS MY HNIO NIO OJTICIAL SCAl THI$  	DAYOf"  	_

I, T'l'RONE T. BONGARO. ESQ., A OUtY LIC£NSEO ATTORNCY IN THC STAT[ or fl.ORICA, DO HEREBYCCRTlfY THAT I HAVE EV.WINED Tl-1£ ntU: lO THE HEREON DCSCAIBEOPROPERTY: TliAT
I flNO TliE nnc TO THE PROP£RTY IS VESTED IN AVENIR DCVEL.OPMENT. u.c, A fl.ORICA LIMI1£0
UABIUTY COMPANY ANO AVEMR COMMUNITY DE\£1.0PMENT DISTRICT. A I.OCAL UNIT Of SP£CIAL PUA'POSC COVERNMCNT ESTABLISHED PURSUANT TO CHAl'TCR 190. n.Of!IOA STATUTES; THAT T1-IC CUAR[NT TAXCS HAIIC BCEN PAJO; THAT AU MORTGACCS NOT SATisnED OR Atl.EASEO Of RE(X)AO NOR OTHER'MSE TERMINA1£0 BY LAW ARE SHO°M'I H(ll[ON. ANO TliAT 1H£R£ AR! CNCUMBAANCCS or RECORD BUT THOSE: ENOJMSRANC[S 00 NOT PAOHIBIT THC CRCATIOH Of THE SIJ80IVISION DCPICTO> BT' THIS Pl.AT.

TRACT ·w”, AS SHO....,. HC.IIEOI\I, IS HCRCBY 00'.llCATO> TO AVDIIR COMMUNITY DEIICLOPMENT OISTRICT. ITS ANO AS'SlCNS. FOR PUEIUC ACCC'JS, STORM WATER MANAGCMEtU ANO ORAINA(j[ PURPOSES ANO SHAU BE THE PERPETUAL M-'!NT[NANC[ OBLI(;,UlON Of SAID A\'ENIR COMMUNITY DC\IQ.OPMENT OISTRICT, ITS SUCCCSSORS ANO ASSIGNS. 'MTHOUT RCCOURSC

LIMITO> U"9l.lTY COMPANY. 'lltiO IS _ PCJISONAl..l.Y kHOWN TO MC OR HAS PRODUCED
	 AS IOEHTlf"lCATIOH

•TNESSMY H,t,M) AJ,l[)OOlOALSCAI. MS  	OAYOF 	 _

NOTARYPIJBUC

IIYC()MMISSIONCXPIRCSc

SURVEY NOTES,

=c	i:o• ESO. Fl..ORflABAR#li4929S
FOR THE llRM or CUNSTER, TOAKU:Y ii: STCWART. P.A.

TO THC CITY or PALM BEAQI CARO[NS.
TRACT'\.M” . ASSIGNS.FORA, MAINTCNANC[AC SUCCESSORS ANO PERMITTEO'MTHIN DISTRICT ANO THI

TliE PARKWAY BUF"F"ER EAS(M[NT, AS 51,0....,. HEREON, IS HEREBY DEDICATCO TO A\JENIR COMMUNITY DEIICLOPMENT DISTRICT. ITSSUCC[SSORSANOASSIGNS,FORPUBUCACCESS,BUffER,SIGNACC.ENTRYF"EATIJRES,DRAINACCANOUTILITYPURPOS(S LANOSENCUMBEREDBYSAID[AS(M(NTSHALLBE THE PERPETU"-l.MAINTCN-'NCE08UCAT10N or SAID A\/[NIR COMMUNITY 0£VElOPMENTDISTRICT, ITSSUCCCSSORS ANO ASSIGNS, 'f111l·IOUTRECOURSE TO THECITYOf"PAl.M BEACHCAROENS.

11-!E LANDSCAPE BUIT[R EASEMENTS DESIGNATCO AS "LB[", AS SHO»! HEI
- -- - - - --- -T, ITS SUCCCSSORS ANO ASSIGNS, F"OR u\NOSCAPE
PERPETUAL MAINTENANCC RCSPONSIBIUTY Of THC THE CITY or PALM BCACH GARDENS. STRUCTURES OR 'MTH PRIOR -TTCN CONSOIT OF THE A',UfiR

TH[ INCRCSS E(iR[SS unu
0£\/Cl.OPWENT DISTRICT. ITS SU PURPOSCS. SAIO TftACTS SHAU DtSTRICT.ITSSUCCCSSORSANO CAFIOCHSSHAUHA11CTHERl(;H  

r

CASCMENT011CRSAIOICE/IJ[ISHCRCBYOCDICATO>INPERPETUI
A5SICHS, FOR THE INSTAUAllON. OPEJIATl()N, ANO MAINTENANCE: Of WATER NC) SE'IICR CASCMENT SHAU BC THC POtPCTUAL MAINTENANC( RCSPONSIBIUTY or TH[ UNOCRl'l'INC SCACOAST Ull.JTY AUTHORITY OR THC CITY or PALM Bt:ACH CARODIS-

PERPETIJITY TO S(ACOAST UTILITY AUTliORITY, 17 MAINTEN-'NCE or WATCR AND SEWER FACILITIES.

ll. SEACOASTUTlLITYAUTHORITYEASEMENTS,AS

Ci)MMISSIONN!MBER:

AVENIR COMMUNITY DEVELOPMENT DISTRICT
STATEorfl.ORIOA) COUNTYOf"MIAMI-OAOC)

IN 'MTNESS WHERCOf", THE AVENIR COMMUNITY DCVELOPMENT DISTRICT, A LOCAL UNIT or SP£CIAL PURPOSE COVEANMENT ORCANIZEO -'NO [XlSTING PVRSUANT TO CHA1'1£R 190. f\.ORIOA STATU1£S. HAS CAUSED THESE PRESENTS TO BE SIGNED FOR AND ON ITS BEHALF BY THE CHAIRMAN or ITS BOARD Of SUPERVISORS.
llilS_O,.,Yor 	 202J.

AVCffiA COMMUNlTY OCIICLOPMENT DISTRICT

"'""'

BY:YIRCINAccPERO

AVENIR COMMUNITY DEVELOPMENT DISTRICT ACKNOWLEDGEMENT:
STATEOfflORIOA) COUNTY or MIAMI-DADE)
TliE F"ORECOINC INSTRUMENT WAS ACl<NOW..CDG[D BEF"ORE ME BY MEA.NS or  

s=o .,=.,=. === -,...=. \JENl:D2cJ()lj N (;l:A\/[ g: -T

r-:L ALBOuA!

PHYSICAL PRESCNCE OR _ ONLINC NOTARIZATION, cT:ttlS	O"Y Of

CITY OF PALM BEACH GARDENS APPROVAL OF PLAT:
STATC0Ff\.OA!OA) COUNTY Of" PAl.M Bf:ACH)

THISPl.ATISHERl:BYAl'PRO\JEOFORRECORD,TlilS  	DAYor
-	202J

CHELSEA REED 	
"''°"
ATTCST:_, .=,.=o,-,. ,-oc=,. cu ,­
ON CW<
-THIS-PLA-TISH-EIIE-BYA-Pf'R-O'-'E"DF"O"RRCCORO.THIS   OAYOf TOOO CNCil.E. P.L
CITYCN(ilH[£R

CERTIFICATE OF REVIEW BY crrYs SURVEYOR,
THIS PL.AT HAS BEEN RCVIEWCD F"OR (X)NFORMITY IN AC(X)ROANC[ 'MTH CH""TER
1
:,..:i wsci& T &u1: : :TI ;ccc
OR THE Fl[tO VERlflCATION or MONUMENTS AT LOT CORNERS.

n,,s 	 OAYOf 	

PROf"ESSIONALSUR\JEYORANOMil.P'PER STATEOFF"LORIDA

CERTIFICATE NO.	_

IN TliOSC CASES VIHERE EASEMCNTS or OIFTERCNf TYPES CROSS OR OTHER'MSE CClHCIOE.
DRAINAGE CASEMENTS SHAU HAIIC flRST PRIORITY. UTILITY EASEMENTS SHAU HAVE SECOND PftlORITY. ACCESSEASCMENTSSl,AI.LHAIJE THIROPRIORITY. AND -'l.LOTHER [ASCMENTSSHAUBE SUBOROINATC TO TliCSE 'MTH THOR PRIORITIES Bt'.INGOETCRMINED BY USC Rl(;HtS (;AANTEO.
2. BUIL NG SEtBACK LIN£S 51,AU BE AS REOUIRCO BY CURR!'.NT CITY or PAI.M BEACM GARDENS
ZONINCRCCiULATIONS
J, NO BUILDINC:S OR ANY KIND or CONSTR'UCTION OR TREES OR SHRUBS SHAU. BE PLACED ON
AN EAS( ENT THOUT PRIOR ITTEN CONSENT or ALL EASEMENT BENErlCIARIES ANO ALL APPLICABLCCITYAPPROVALSORPERMITSASREOUIREDF"ORSUCHENCROACHMENTS
4. BEARINGS SHOWN HEREON "'-RE RELATIVE TO A PLAT BEARIN(; or S86'S4'02"W ALONC: TttE SOUTli LINE or PARCEL A-1. AVE:NIR, AS RECORDED IN Pl.AT BOO< 127, PAC.C 85, or TliE PUBLIC RECOROSorPAl.MBEACI-ICOUNTY,Fl.ORIOA.
!:i, UN[S INTERSECTING CURVES ARE NON-RADIAL UNLESS SHOWN OTHER'MSC.
8.    "NOTICC"THISPI..AT.ASRECORDCDINITSCRAPHICFORM,ISTliCorrI(;1ALDCPICTlONOf THC SIJBOIVIOEO u\NOS 0£SCRIBEO HERON AND 'MU IN NO CIROJMSTANC[S 8£ SUPPLAHTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DICITAL F"ORM Of 1HC Pl.Al, fHCRC MAY BC ADDITIONAL RCSTRICTIONS THAT ARE NOT RECOROEO ON THIS Pl.AT THAT MAY BC FOUND IN THE PVBUC RCCOROS Of PALM 8EAQI COUNTY.
7. AU INSTRUMENT'S SHO»! ON THIS PUT ARC RECORDCO IN TliC PVBUC RE(X)AOS OF PALM
8EAOI COUNTY. Fl..ORIOA.

SURVEYOR'S CERTIFICATE,
MS IS TO CCRflf"Y THAT THC PUT  9ID'M'f HCRE0N IS A "TftVC ANll CORRCCT
REPftC'SOHATIOH or A SURVEY MADE UNDER MY RC'SPON'Sl8lC OIRECllON ANO SUPERl.tSION; THAT SAID SUflVEY IS AC(;URATC TO THE BCST Of MY l(NQ'M.£DCC ANll BCU[f; THAT
PERMANENT RCf"ERCNC[ MOl«JMENTS (P.R.w:s) ACCXlAl»IG TO SEC. 177.091(7). r.s. HA'-'E 11CCN Pl.ACCO NC> PU!MAN!'.NT CONTAOI. POINTS (P.C.P.'S) ACCOROING TO SEC. 177.091(8) WILL BE Pl.ACCO AS RCCUIRCO BY LAW ANO THAT MONUMENTS ANO PEIIM..,,.CNT CONTRa. POINTS (P.C.P.'S) WILL BE SET UNDER lH£ GUAAANTCCS POS1£0 'MTH THC CITY or PALM
8EACH CAAOENS rOR THC REOLIIREO IMPROVEMENTS. AND ruRTHER, THAT THC Pl.AT AND SIJA'o'EY DATA COMPLIES 'MTH AU TliC RCOOIRCMENT'S Of CHAPTCA 177, PART I, PI..ATTINC. fl..CIRIOASTATIJTCS.ASAMEN0£D.

OAIC: 	 2023			 RONNIE L f\JRNISS PROf"ESSIClNAI.SURVEYORMAPf>ERf&272 STATEOFFl.ORIOA

CAULFIELD AND 'M-jECLER, INC SUR\JEYORS - EN NEERS - PLANNERS

MAINTENANCE RESPONSIBILITY or TM[ UNDERLYINC L
UTILITYAUTl-!ORITYAHO'MTHOUTR[COURSETOTHE

1'. THE Lirl STATION EASEMENT "LSC", AS SHOWN HEREON. IS HERCBY DEDICATED TO SEACOAST UTILITY AUTl-!ORITY. ITS SUCCCSSORS ANO/OR ASSIGNS. FOR INSTALLATION, OP£R,.,TION ANO MAINTENANCE or Uf"T STATION FACILITIES. LANDS ENCUMBERED BY SAID EASEMENT SHALL BE 11-!E PERPETUAL MAINTENANCC 08LIGAOON or THC O»IER OR OWNER'S or 11-!E f"EE SIMPLE INTERCST IN SAID LANDS. THEIR SUCCESSORS ANO ASSIGNS. WITH-OUT RECOUffSE TO THC CITY Of PALM BCACH (;,t.RDENS,

1!:i, INFORMATIONAL NOTC: THC FOU.O\IIINC RELATCS TO ROADW"YS 'lllntN A',Uf!R 'lllilCH ARC lOCATCD OUTSIOC OF TlilS Pl.AT BUT MAY PROVIDC ACCCSS TO TliE PROPOITY •Tl-VI THIS PUT: A1/CNIR DRIVE (A/t(./A SPIN[ ROAD '• SA/58. ANO 7 ON TliC AVDIIR PC0 MASTER PL.AN), COCOl«JT BOUlLVARO (A/t(./A SPINE ROAD 1.2 ANO J ON THC AVCNIR PC0 MASTER PLAN). ANO
TION t .W.J:IK'" :_o Ii cc::Q.. -r:.= &;° s )TO =·  OR
=-"'Tso '!i1.Al'C) P..,,.THEA NATIONAL 80U.£VARO SHAU NOT BE IIM'EOCO, UMITCO. OR RE'JTRICTCD IN ANY MANNER OR rASNON

SPECIAL PURPOSE COVERNMENT ESTABLISHED PURSUANT TO (;i,Al'TER 190, Fl.ORICA
STATUTCS, ON BEHALF Of" T\-1[ A\/[NIR COMMUNITY DCVELOPI.IENT DISTRICT, WtiO IS   PERSONAi.LY M:00....,. TO ME OR HAS PRODUCED 	 .S IOENTIFlCATION.

'MTNESSMYHANO ANO ClfflCIALSEAL THIS  	OAYOf 	 2023.

NOTARYPUBI.JC

COMMISSION NUMBCII:  	_

CITYOfPAl.MBEACHCAROENS

CITYorPALMBEACHCAADCNS CNCINCER

7900GLAl)[SROAO,SUITC\OO CERTIFICATION or AUTHORIZATION 00. LB

AVENIR	PARCEL	D
BEING A REPLAT OF A PORTION OF PARCEL "A-1", AVENIR, AS RECORDED IN	10
PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE	NORTH
41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA	r KEY MAP
THIS INSTRUMENT PREPARED BY	NOT TO SCALE
RONNIE L FURNISS
OF
CAULFIELD and WHEELER, INC.

SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991
CERllf'ICATE Of' AUTHORIZATION NO. LB359t	0
NOVEMBER	2023
MATCH UNE SHEET 7		

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ll-DEN0TESPERMANENTCONTROL.POINT	

AVENIR	PARCEL	D	THIS INSTRUMENT PREPARED BY	-
RONNIE L. FURNISS
Lr:E jE EREVIATIONS	BEING A REPLAT OF A PORTION OF PARCEL "A-1", AVENIR, AS RECORDED IN	OF
,,_	PLAT BOOK 127, PAGES 85 THROUGH 109 OF THE PUBLIC RECORDS OF PALM	CAULFIELD and WHEELER, INC.

c=s-	NORTH	BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE	SURVEYORS - ENGINEERS - PLANNERS	1  t
41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA	7900 GLADES ROAD, SUllE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991
L - ARC LENGlli	CERTIFICATE Of AUTHORIZATION NO. LB3591	RTH
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AVENIR	PARCEL	D
BEING A REPLAT OF 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, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA

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

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BEING A REPLAT OF 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, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA
THIS INSlRUMENT PREPARED BY
RONNIE L FURNISS
Of
CAULFIELD and WHEELER, INC.
SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991
CERTIFICATE OF' AUTHORIZATION NO. L83591 NOVEMBER 2023

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(PB 127, PG

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AVENIR	PARCEL	D
BEING A REPLAT OF 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, LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE
41 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA

THIS INSTRUMENT PREPARED BY RONNIE L. FURNISS
Of
CAULFIELD end WHEELER, INC.
SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUITE 100
BOCA RATON, FLORIDA .33434 - (561)392-1991 CERTIFICATE OF AUTHORIZATION NO. LB.3591 NOVEMBER 2023

MATCH UNE SHEET 6

AVENIR ARCEL A-3
127, PG 85)

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SUAAE - SEACOAST UTILITY AUlliORITY ACCESS EASEMENT
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This Instrument Prepared by:
Name:  Tyrone T. Bongard, Esq.
Gunster, Yoakley & Stewart, P.A. Address:777 S. Flagler Drive, Suite 500
West Palm Beach, FL 33401

GRANT OF EASEMENT

THIS GRANT OF EASEMENT is made this    day of December, 2023, by the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, whose mailing address is 10500 North Military Trail, Palm Beach Gardens, Florida, 33410 (the “Grantor”), to the AVENIR COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government created and existing in accordance with Chapter 190, Florida Statutes (“District”), whose address is c/o Special District Services, Inc., 2501 Burns Road, Suite A, Palm Beach Gardens, FL 33410, and to AVENIR DEVELOPMENT, LLC, a Florida limited liability company (“Avenir”), whose mailing address is 777 S. Flagler Drive, Suite 500 East, West Palm Beach, Florida 33401 (together, District and Avenir are the “Grantee”).

WITNESSETH: That Grantor, for and in consideration of the sum of one dollar ($1.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a non-exclusive EASEMENT, over, upon, under, through and across that certain land situate in Palm Beach County, Florida, described in Exhibit A attached hereto (the “Easement Area”).

THIS GRANT OF EASEMENT, as described herein, is to be used for the purpose of Grantee completing any and all necessary environmental mitigation with respect to the Easement Area in accordance with the Conservation Area Management Plan for the Easement Area (“Mitigation Work”) and pursuant to South Florida Water Management District Permit 50-11383-P (Application No. 160822-4 issued August 17, 2017), as amended from time to time and the United States Army Corps of Engineers Permit No. SAJ-2015-00146 (collectively the “Permits”).

THIS GRANT OF EASEMENT shall be for a term commencing upon the date hereof and expiring upon Grantee’s final completion of the Mitigation Work. Prior to Grantee’s final completion of the Mitigation Work, Grantee shall be responsible for operation and maintenance, as required in the Permits, with respect to the Easement Area. Upon Grantee’s final completion of the Mitigation Work, Grantor shall thereupon immediately assume all operation and maintenance responsibilities under the Permits, with respect to the Easement Area and Grantee shall have no further operation and maintenance responsibility with respect to the Easement Area. Within thirty
(30) days following completion of the Mitigation Work, Grantee shall execute and record an Abandonment of Easement in the Public Records of Palm Beach County.

By acceptance and use of this GRANT OF EASEMENT, Grantee hereby agrees, to the extent permitted by law, to indemnify and hold Grantor and its successors and assigns harmless from and against any and all claims, liability, liens, costs, losses, damages, expenses and demands, including reasonable attorneys’ fees and costs at trial and all appellate levels, arising from, growing out of, or in connection with, the Grantee’s use of this GRANT OF EASEMENT, except to the

extent same are due to the negligence or intentional misconduct of Grantor or its successors or assigns. The obligations of the District under this paragraph shall not exceed the monetary limits on liability as set forth in Section 768.28, Florida Statutes. This provision shall survive the termination of this GRANT OF EASEMENT.

TO HAVE AND TO HOLD THE SAME unto the Grantee, its successors and assigns.

[SIGNATURE PAGES TO FOLLOW]

IN WITNESS WHEREOF, the Grantor has hereto set its hand and seal the day and year first above written.

Signed, sealed and delivered in the presence of:
(Signature of two witnesses required by Florida law) WITNESSES:	GRANTOR
CITY OF PALM BEACH GARDENS,
a municipal corporation of the State of Florida

Print Name
By: 	
Address: 		Print Name:
Title:

Print Name

Address: 	

STATE OF FLORIDA	}		
	}	ss	
COUNTY OF 		}		

The foregoing instrument was acknowledged before me this 	 day of December, 2023 by
	, as 	 of City of Palm Beach Gardens, a municipal corporation of the State  of  Florida,  and  who  is  (  )  personally  known  to  me  or  (  )  has  produced
	 as identification.

Notary: 		 Print Name: 	
[NOTARY SEAL]	Notary Public, State of Florida My Commission Expires:

Signed, sealed and delivered in the presence of: (Signature of two witnesses required by Florida law)

WITNESSES:	GRANTEE

Print Name

AVENIR COMMUNITY DEVELOPMENT
DISTRICT, a local unit of special purpose government

Address: 		By: 	
Print Name: Title:

Print Name

Address: 	

STATE OF FLORIDA	}		
	}	ss	
COUNTY OF 		}		

The foregoing instrument was acknowledged before me this     day of December, 2023 by
	, as 	 of Avenir Community Development District, a local unit of special purpose government, on behalf of the local unit, and who is ( ) personally known to me or ( ) has produced 			 as identification.

Notary: 	 Print Name: 		
[NOTARY SEAL]	Notary Public, State of Florida My Commission Expires:

Signed, sealed and delivered in the presence of: (Signature of two witnesses required by Florida law)

WITNESSES:	GRANTEE

Print Name

AVENIR DEVELOPMENT, LLC,
a Florida limited liability company

By: 	

Address: 		Print Name:
Title:

Print Name

Address: 	

STATE OF FLORIDA	}		
	}	ss	
COUNTY OF 		}		

The foregoing instrument was acknowledged before me this 	 day of December, 2023 by
	, as 	 of Avenir Development, LLC, a Florida limited liability company, on behalf of the company, and who is ( ) personally known to me or ( ) has produced
	 as identification.

Notary: 		 Print Name: 	
[NOTARY SEAL]	Notary Public, State of Florida My Commission Expires:

Exhibit A
Easement Area

GRANT OF EASEMENT

THIS GRANT OF EASEMENT is made this    day of December, 2023, by the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, whose mailing address is 10500 North Military Trail, Palm Beach Gardens, Florida, 33410 (“Grantor” or “City”), to AVENIR DEVELOPMENT, LLC, a Florida limited liability company (“Avenir”), whose mailing address is 777 S. Flagler Drive, Suite 500 East, West Palm Beach, Florida 33401 and to the AVENIR COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government created and existing in accordance with Chapter 190, Florida Statutes (“District”), whose address is c/o Special District Services, Inc., 2501 Burns Road, Suite A, Palm Beach Gardens, FL 33410 (“Grantees”).

W I T N E S S E T H

WHEREAS, contemporaneously with the grant of this easement, Avenir granted a Special Warranty Deed to the CITY over the property described in Exhibit A (the “Property”).

WHEREAS, Avenir Holdings, LLC obtained from the South Florida Water Management District (“SFWMD”) Environmental Resource Permit (“ERP”) number 50-11383-P (Application No. 160822-4 issued August 17, 2017) and from the United States Army Corps of Engineers Permit No. SAJ-2015-00146 issued May 25, 2018. Avenir Holdings, LLC assigned all rights and obligations in the Property and the Permits to Avenir Development, LLC. Modifications to the Permits were thereafter issued by the agencies in ERP numbers 50-102081-P and 50-104323-P; and SAJ-2015- 00146 (MOD-KMM) Modification-01 (collectively “Permits”).

WHEREAS, the SFWMD utilized the Uniform Mitigation Assessment Method (UMAM) to determine the amount of mitigation needed to offset adverse impacts to wetlands and other surface waters authorized in the ERPs, together with modifications thereto (functional loss). UMAM was also utilized to determine the functional gain achieved by the mitigation and restoration proposed by and successfully completed by Avenir and to be completed by Grantees.

WHEREAS, the mitigation already completed by Avenir offsets all impacts authorized under the Permits.

WHEREAS, Grantees intend to conduct additional restoration activities on the Property, which are authorized in the Permits (“Restoration Work”). The functional gain from the additional Restoration Work exceeds the ERP mitigation requirements necessary to offset functional loss attributable to the activities authorized in the Permits (“Additional Functional Gain”)

WITNESSETH: That Grantor, for and in consideration of the sum of one dollar ($1.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants unto the Grantees, their successors and assigns, a non-exclusive EASEMENT, over, upon, under, through and across that certain land situate in Palm Beach County, Florida, described in Exhibit A.

THIS GRANT OF EASEMENT, as described herein, is to be used for the purpose of providing Grantees access and authority to complete Restoration Work in accordance with the Conservation Area Management Plan for the Property.

THIS GRANT OF EASEMENT, as described herein, is also for the purpose of providing Avenir the control of and rights to the Additional Functional Gain which will result from the additional Restoration Work. This includes:

	The right for Avenir to utilize the Additional Functional Gain from restoration from the additional Restoration Work for other projects;
	The right for Avenir to provide or assign, to third parties, the Additional Functional Gain; and
	The right for Avenir to assign the easement access rights to third parties to enable the third parties to utilize the Additional Functional Gain.

THIS GRANT OF EASEMENT, as described herein, is also for the purpose of satisfying the documentation of Avenir’s real property interest required in Rule 4.2.3(d), ERP Applicant’s Handbook Volume I, necessary for Avenir to complete the Restoration Work described in the Permit and to utilize the Additional Functional Gain.

THIS GRANT OF EASEMENT shall be for a term commencing upon the date hereof and expiring upon Avenir’s full utilization or assignment of all Additional Functional Gain.

The City agrees to cooperate and support any ERP modifications necessary to allow third party permittees to utilize the Additional Functional Gain, as may be required by the SFWMD.

By acceptance and use of this GRANT OF EASEMENT, Grantees hereby agree, to the extent permitted by law, to indemnify and hold Grantor and its successors and assigns harmless from and against any and all claims, liability, liens, costs, losses, damages, expenses and demands, including reasonable attorneys’ fees and costs at trial and all appellate levels, arising from, growing out of, or in connection with, the Grantees’ use of this GRANT OF EASEMENT, except to the extent same are due to the negligence or intentional misconduct of Grantor or its successors or assigns. The obligations of the District under this paragraph shall not exceed the monetary limits on liability as set forth in Section 768.28, Florida Statutes. This provision shall survive the termination of this GRANT OF EASEMENT.

TO HAVE AND TO HOLD THE SAME unto the Grantees, their successors and assigns.

[SIGNATURE PAGES TO FOLLOW]

IN WITNESS WHEREOF, the Grantor has hereto set its hand and seal the day and year first above written.

Signed, sealed and delivered in the presence of:
(Signature of two witnesses required by Florida law) WITNESSES:	GRANTOR
CITY OF PALM BEACH GARDENS,
a municipal corporation of the State of Florida

Print Name
By: 	
Address: 	Print Name:
	Title:

Print Name

Address: 	

STATE OF FLORIDA	}
}	ss
COUNTY OF 	 }

The foregoing instrument was acknowledged before me this 	 day of December, 2023 by
	, as 	 of City of Palm Beach Gardens, a municipal corporation of the State  of  Florida,  and  who  is  (  )  personally  known  to  me  or  (  )  has  produced
	 as identification.

Notary: 	  Print Name: 	
[NOTARY SEAL]	Notary Public, State of Florida My Commission Expires:

Signed, sealed and delivered in the presence of:
(Signature of two witnesses required by Florida law) WITNESSES:	GRANTEE
AVENIR DEVELOPMENT, LLC,
	a Florida limited liability company Print Name
By: 	 Address: 	Print Name:
	Title:

Print Name

Address: 	

STATE OF FLORIDA	}
}	ss
COUNTY OF 	 }

The foregoing instrument was acknowledged before me this 	 day of December, 2023 by
	, as 	 of Avenir Development, LLC, a Florida limited liability company, on behalf of the company, and who is ( ) personally known to me or ( ) has produced
	 as identification.

Notary: 	  Print Name: 	
[NOTARY SEAL]	Notary Public, State of Florida My Commission Expires:

WITNESSES:	GRANTEE

Print Name

AVENIR COMMUNITY DEVELOPMENT
DISTRICT, a local unit of special purpose government

Address: 		By: 	
Print Name: Title:

Print Name

Address: 	

STATE OF FLORIDA	}		
	}	ss	
COUNTY OF 		}		

The foregoing instrument was acknowledged before me this     day of December, 2023 by
	, as 	 of Avenir Community Development District, a local unit of special purpose government, on behalf of the local unit, and who is ( ) personally known to me or ( ) has produced 			 as identification.

Notary: 	 Print Name: 		
[NOTARY SEAL]	Notary Public, State of Florida My Commission Expires:

Exhibit A
Easement Area

DESCRIPTION:

A PORTION OF TRACT 0-17, AVENIR - POD 20, AS RECORDED IN PLAT BOOK 135, PAGE 113 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF TRACT 0-17, AVENIR - POD 20, AS RECORDED IN PLAT BOOK 135, PAGE
113 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, NORTH oo·oo'oo" EAST, A DISTANCE OF 130.00 FEET TO THE POINT OF BEGINNING; THENCE, NORTH oo·oo'oo" EAST, A DISTANCE OF 368.38 FEET TO A POINT OF
CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET,  THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59°03'01", A DISTANCE OF 103.06 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET,  THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°06'02", A DISTANCE OF 122.61 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET,  THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59°03'01", A DISTANCE OF 103.06 FEET; THENCE, NORTH 90°00'00" EAST, A DISTANCE OF 202.26 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 920.00 FEET, THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°35'40", A DISTANCE OF 138.00 FEET; THENCE, SOUTH 08°35'40" WEST, A DISTANCE OF 12.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 08° 35' 40", HAVING A RADIUS OF 908.00 FEET, HAVING AN ARC DISTANCE OF
136.20 FEET, AND WHOSE LONG CHORD BEARS NORTH 85° 42' 10" WEST FOR A DISTANCE OF 136.07 FEET; THENCE, NORTH 90°00'00" WEST, A DISTANCE OF 202.26 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 88.00 FEET, THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59°03'01'', A DISTANCE OF 90.69 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 262.00 FEET, THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°06'02", A DISTANCE OF 128.50 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 88.00 FEET,  THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59°03'01'', A DISTANCE OF 90.69 FEET; THENCE, SOUTH oo·oo·oo" EAST, A DISTANCE OF 368.38 FEET; THENCE, NORTH 90·00·00" WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 12,325 SQUARE FEET, 0.283 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD.

NOTES:
REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL.
LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
	BEARINGS SHOWN HEREON ARE RELATIVE TO A PLAT BEARING OF NORTH 90°00'00" EAST ALONG THE NORTH LINE OF TRACT 0-17, AVENIR - POD 20, AS RECORDED IN PLAT BOOK 135 PAGE 113,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.

CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON NOVEMBER 10, 2023. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.

RONNIE L. FURNISS, PSM PROFESSIONAL SURVEYOR AND MAPPER #6272

CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING
7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 / FAX (561)-750-1452

STATE OF FLORIDA - LB #3591

POD 20
PORTION OF TRACT 0-17 SKETCH OF DESCRIPTION

SHEET 1 OF 5

DA TE	11 / 10/ 2023	
DRAWN BY	RLF	
F.B./ PG.	N/A	
SCALE	AS	SHOWN	
JOBpage 76	7955	

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LEGEND:
LBE - LANDSCAPE BUFFER EASEMENT PB - PLAT BOOK
PG - PAGE
SUAE - SEACOAST UTILITY
AUTHORITY EASEMENT UE - UTILITY EASEMENT

\

POD 20
PORTION OF lRACT 0-17 SKETCH OF DESCRIPTION

CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING
7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 / FAX (561)-750-1452

SHEET 2 OF 5

DA TE	11 / 10/ 2023	
DRAWN BY	RLF	
F.B./ PG.	N/A	
SCALE AS SHOWN	
JOBpage 77	7955	

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SUAE - SEACOAST UTILITY
AUTHORITY EASEMENT UE - UTILITY EASEMENT

POD 20
PORTION OF lRACT 0-17 SKETCH OF DESCRIPTION

CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING
7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 / FAX (561)-750-1452

SHEET 3 OF 5

DA TE	11 / 10/ 2023	
DRAWN BY	RLF	
F.B./ PG.	N/A	
SCALE AS SHOWN	
JOBpage 78	7955	

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CB -	CHORD BEARING CD -	CHORD DISTANCE
L -  LENGTH
PB - PLAT BOOK PG - PAGE
t::,. -  DELTA (CENTRAL) ANGLE
R - RADIUS
SUAE - SEACOAST UTILITY
AUTHORITY EASEMENT UE - UTILITY EASEMENT

GRAPHIC SCALE
0	20	40

		
( IN FEET )
1 INCH =	40	FT.

CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING
7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 / FAX (561)-750-1452

POD 20
PORTION OF lRACT 0-17 SKETCH OF DESCRIPTION

SHEET 4 OF 5

DA TE	11 / 10/ 2023	
DRAWN BY	RLF	
F.B./ PG.	N/A	
SCALE AS SHOWN	
JOBpage 79	7955	

AVENIR DRIVE

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( IN FEET )
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LEGEND:
CB -	CHORD BEARING CD -	CHORD DISTANCE
L -  LENGTH
PB - PLAT BOOK PG - PAGE
t::,. - DELTA (CENTRAL) ANGLE
R - RADIUS
SUAE - SEACOAST UTILITY
AUTHORITY EASEMENT UE - UTILITY EASEMENT

POD 20
PORTION OF lRACT 0-17 SKETCH OF DESCRIPTION

CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING
7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 / FAX (561)-750-1452

SHEET 5 OF 5

DA TE	11 / 10/ 2023	
DRAWN BY	RLF	
F.B./ PG.	N/A	
SCALE AS SHOWN	
JOBpage 80	7955	

AVENIR COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSALS FOR MITIGATION SERVICES PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA

Notice is hereby given that the Avenir Community Development District (“District”) will receive proposals for the Avenir Mitigation Maintenance Phase 1, 2A, 2B and 3 (the “Project”).

The contract will require vendors to provide mitigation services for the Project, as more particularly described in the Project Manual and in accordance with the plans and specifications. The Project Manual is available by contacting the District Engineer, Carlos J. Ballbe, P.E. at BALLBE & ASSOCIATES, INC., 2737 NE 30th Place, Fort Lauderdale, Florida 33306, or at carlos@baeng.us.

The Project Manual will include, but is not be limited to, the Request for Proposals, contract documents, maintenance plans and specifications.

There will be a mandatory virtual pre-proposal conference held via Zoom on November 3, 2023, at 11:30 a.m. Participants may attend the Meeting and provide questions or comments by accessing the meeting through the link provided on the District’s website, www.avenircdd.org, or by utilizing the following login information:

Join by URL for VIDEO ACCESS at: https://us02web.zoom.us/j/3341025012 Meeting ID: 334 102 5012
Join by PHONE for TELEPHONIC ACCESS at: 312-626-6799

Proposals will be evaluated in accordance with the criteria included in the Project Manual. The District reserves the right to reject any and all proposals, make modifications to the work, award the contract in whole or in part with or without cause, provide for the delivery of the project in phases, and waive minor or technical irregularities in any Proposal, as it deems appropriate, if it determines in its discretion that it is in the District’s best interests to do so.

Any person who wishes to protest this notice or the Project Manual, or any component thereof, shall file with the District a written notice of protest within seventy-two (72) hours after the publication date of the notice, for protests related to the notice, or, for protests related to the Project Manual, within seventy-two (72) hours after the Project Manual is made available, and shall file a formal written protest with the District within seven (7) calendar days after the date of timely filing the initial notice of protest. Filing will be perfected and deemed to have occurred upon receipt by the District Manager, Special District Services, Inc., The Oaks Center, 2501A Burns Road, Palm Beach Gardens, Florida 33410. 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 to or protest the contents of the District’s Project Manual. The formal written protest shall state with particularity the facts and law upon which the protest is based.

Firms desiring to provide services for the Project must submit one (1) electronic copy of the required proposal via email to the District Manager at jpierman@sdsinc.org with subject marked “Avenir Mitigation Maintenance RFP Response” no later than November 15, 2023, at

12:00 p.m. Although the District Manager will endeavor to acknowledge receipt of each email, it is ultimately the responsibility of each firm to confirm that their proposal was received prior to the deadline.

The District Manager and District Engineer will conduct a special public meeting on November 15, 2023, at 12:30 p.m. at the District Manager’s office, located at 2501A Burns Road, Palm Beach Gardens, FL, 33410, to open the proposals. In-person attendance is permitted, but participants are encouraged to attend the meeting via Zoom and provide questions or comments by accessing the meeting through the link provided on the District’s website, www.avenircdd.org, or by utilizing the following login information:

Join by URL for VIDEO ACCESS at: https://us02web.zoom.us/j/3341025012 Meeting ID: 334 102 5012
Join by PHONE for TELEPHONIC ACCESS at: 312-626-6799

No official action will be taken at the meeting. The meeting is open to the public and will be conducted in accordance with the provisions of Florida law including but not limited to Chapter 190 of the Florida Statutes. A copy of the agenda for the meeting may be obtained from the District Manager, at the District’s Manager’s office, or (561) 630-4922. The meeting may be continued in progress without additional notice to a time, date, and location stated on the record. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the District Office at least forty-eight (48) hours before the meeting by contacting the District Manager at (561) 630-4922. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) 955-8770, who can aid you in contacting the District Office.

Proposals shall be in the form provided in the Project Manual and submitted pursuant to the Instructions to Proposers. As noted below, proposals will be opened publicly at that date, time, and location; those received after the time and date stipulated above will be returned unopened to the proposer. Any proposal not completed as specified or missing the required proposal documents as provided in the Project Manual may be disqualified.

All questions regarding the Project Manual or the Project shall be directed in writing only to the District Engineer, Carlos J. Ballbe, P.E. at BALLBE & ASSOCIATES, INC., 2737 NE 30th Place, Fort Lauderdale, Florida 33306, or at carlos@baeng.us. No phone inquiries, please.

District Manager

AVENIR COMMUNITY DEVELOPMENT DISTRICT

www.avenircdd.org

PUBLISH: PALM BEACH DAILY BUSINESS REVIEW

AVENIR COMMUNITY DEVELOPMENT
DISTRICT

MASTER TRUST INDENTURE ENGINEER’S REPORT FISCAL YEAR 2023

Prepared for:
Board of Supervisors
Avenir Community Development District

Prepared by:

BALLBÉ & ASSOCIATES, INC.
3564 N. Ocean Boulevard Fort Lauderdale, FL 33308 (954) 491-7811

Project Number:
201622

October 2023

TABLE OF CONTENTS

PART I	INTRODUCTION ……………………..………..……………….…..………………	1	
PART II	GENERAL PROPERTY INFORMATION …………….….….……….…………….	2	
PART III	PUBLIC PLANNED IMPROVEMENTS UPDATE …………..…………..……..…..	10	
PART IV	MAINTENANCE, REPAIR AND OPERATION BUDGET …………………………………	17	

ballbé & associates, inc.

PART I:	INTRODUCTION

Pursuant to the Master Trust Indenture between the Avenir Community Development District (the “District”) and Regions Bank (the “Trustee”) relating to the Avenir Community Development District Special Assessment Bonds (the “Bonds”), this Engineer’s Report for Fiscal Year 2023 (the “Report”) was prepared by Ballbé & Associates, Inc., (the “District Engineer”) on behalf of the Avenir Community Development District Board of Supervisors (the “Board”), the governing body of the District, for the purposes of inspecting any portions of the Avenir Assessment Area One, Avenir Assessment Area Two and Avenir Assessment Area Three (the “Project”) lands owned by the District and provide the following information:

Report its findings as to whether such portions of the Project owned by the District have been maintained in good repair, working order and condition.
Provide its recommendations as to the proper maintenance, repair and operation of the Project during the ensuing Fiscal Year.
Provide an estimate of the amount of money necessary for such purpose.

The District is located in the City of Palm Beach Gardens (the “City”), Palm Beach County, Florida and was established pursuant to Chapter 190, Florida Statutes, for the development of the public infrastructure and required public improvements to service the Avenir Planned Community Development (the “Development”) and to provide for the acquisition, financing, long term administration and management of such public infrastructure improvements. Avenir Development, LLC (the “Developer”) is managing the construction of the improvements in the Project on behalf of the District.

Information provided in this Report was obtained by the District Engineer who has considered and in certain instances relied upon opinions, information and documentation prepared or supplied by others, which may have included public officials, public entities, Special District Services, Inc. (the “District Manager”) and other professionals and contractors.

PART II:	GENERAL PROPERTY INFORMATION

Location

The District is located in the City of Palm Beach Gardens (the “City”), more particularly described as being situated North of Northlake Boulevard, South of Beeline Highway, East of Grapeview Boulevard and West of Stonewall Drive. The land lies the following sections:

Township, Range	Section Number	
Township 42 South
Range 41 East	4,8,9,10,14,15,16,17	
Township 41 South
Range 41 East	28,23	
Total District Area =	2,427.50 Acres	

For a depiction of the District’s boundary please refer to Exhibit 1.

General Information

The District’s property consists of approximately 2,427.50 gross acres which will be subdivided into several parcels for the uses specified above, along with the required roadways, lakes and landscape buffers depicted in the master plan. A large portion of the site is clear of vegetation and is currently being used for farming purposes. The balance of the site consists of environmentally sensitive lands and upland areas which have not been cleared.

Assessment Area One General Information

The District Special Assessment Bonds, Series 2018-1 & 2018-2 (Assessment Area One Project), the District Special Assessment Bonds, Series 2018-3 (Clubhouse Project) and the District Special Assessment Bonds, Series 2019-1 (Parcels A6-A9 Project) are herein collectively referred to as the “Bonds”. Proceeds from the Bonds are being used to fund the construction of the Project and the Clubhouse.

Please refer to Exhibit 2 attached showing the limits of Assessment Area One. The Development is being constructed in phases. Following please find a brief description of the improvements under construction in Fiscal Year 2023 along with the status and ownership/maintenance responsibility:

Item #	
Improvement Description	
Status	Ownership Maintenance	
1	Master water management system – lakes	Complete	District	
2	Master water management system – lake interconnects	Complete	District	

3	Spine Road Phase One – water distribution and sewage collection system	
Complete	Seacoast Utility Authority	
4	Spine Road Phase One – lift stations and
transmission system	Complete	Seacoast Utility
Authority	

5	Spine Road Phase One – drainage system, paving, sidewalks and related
work	
Complete	
District	
6	Spine Road Phase One – landscape and irrigation	Complete	District	
7	Spine Road Phase One – streetlights and dry utilities	Complete	Florida Power & Light	
8	Spine Road Phase One – entry features	Complete	District	

9	
Mecca Water Main Extension Canal Aerial Crossing

Mecca Water Main Extension	

Complete	Palm Beach County Water Utilities Department

Seacoast Utility Authority	
10	Clubhouse	Complete	District	
11	Avenir Phase One Mitigation Environmental Restoration	Complete	District	

Parcel A-4 Sub-Assessment Area General Information

Below please find the planned use for the Project within the corresponding Parcel A-4 Sub-Assessment Area within Assessment Area One:

Parcel I.D.	Product/Use	No. of Units	
A-4	80’x140’ residential lot	107	
Total Number of Units =	107	

The  infrastructure  improvements  required  for  the  Parcel  A-4 Sub-Assessment Area (refer to Exhibit 3) consist of public improvements, community facilities and basic infrastructure needed to serve that sub assessment area. Said improvements are being funded by the District by the issuance of its Special Assessment Bonds, Series 2019B Bonds (the “Tax Exempt Bonds”) and by the issuance of its Taxable Special Assessment Bonds, Series 2019B Bonds (the “Taxable Bonds”), collectively referred as the “Series 2019-B Bonds.”

Following please find a brief description of the improvements under construction in Fiscal Year 2023 along with the status and ownership/maintenance responsibility:

Item #	
Improvement Description	
Status	Ownership Maintenance	
1	Water management system	Complete	District	
2	Water Distribution and Sewage Collection System	Complete	Seacoast Utility Authority	
3	Landscape & Irrigation Common Areas	Complete	District/HOA	
4	Walls, Hardscape & Sidewalks Common Areas	Complete	District/HOA	

2021 Assessment Area Two - General Information

Below please find the parcels within the Assessment Area Two – 2021A Project Area and the planned uses that will benefit from the Assessment Area Two – 2021A Project:

Parcel I.D.	Product/Use	No. of Units	
A-10 & A-11	70’ wide residential	172	
	80’ wide residential	101	
A-12 (PN)	90’ wide residential	139	

A-13 (PN)	125’ wide residential	12	
	175’ wide residential	15	

A-14 (PN)	125’ wide residential	43	
	175’ wide residential	9	

A-15 (GL)	50’ wide residential	358	
	62’ wide residential	204	
A-18	80’ wide residential	110	

A-20	55’ wide residential	78	
	65’ wide residential	68	
A-21	80’ wide residential	128	
Golf Course	Recreational	217.57 acres	
Charter School	Educational	7.263 acres	
TOTALS =	1,437 units
889.96 acres	

The District issued Special Assessment Bonds for the Assessment Area Two – 2021A Project in one or more series (herein, the “2021A Bonds”) to finance and refinance a portion of the Project. Proceeds from the Bonds are being used to fund the construction of the Project.

Please refer to Exhibit 4 attached showing the limits of Assessment Area Two. The Development is being constructed in phases. Following please find a brief description of the improvements under construction in Fiscal Year 2023 along with the status and ownership/maintenance responsibility:

Item #	
Improvement Description	
Status	Ownership Maintenance	

1	Surface water management and drainage system, including related land
acquisition	
In Progress	
District	
2	Master drainage system and drainage pump station	In Progress	District	

3	Wastewater collection/transmission system	
In Progress	Seacoast
Utility Authority	

4	
Water distribution system	
In Progress	Seacoast
Utility Authority	

5	
Roadways including related land acquisition	Land acquisition complete
Roadway in progress	
District	
6	Open space and recreation areas, including land acquisition	In Progress	District	
7	Landscaping, irrigation, entrance features, hardscapes	In Progress	District	
8	Conservation area mitigation	In Progress	District	

The District issued the 2021B Bonds for the Assessment Area Two – 2021B Project in one or more series to finance land acquisition. The 2021B Bonds were secured by all the assemble lands within Assessment Area Two but excluding Parcels A-12, A-13 and A-14, and excluding the Golf Course Parcel and the Charter School Parcel (herein the “Assessment Area Two – 2021B Project Area”).

Special Assessment Bonds (Panther National Residential Project) – General Information

In addition to the above listed improvements, the District issued bonds to fund the estimated costs for the public infrastructure for Panther National

Assessment Area described below:

Parcel I.D.	Product/Use	No. of Units	
A-12 (PN)	90’ wide residential	139	

A-13 (PN)	125’ wide residential	12	
	175’ wide residential	15	

A-14 (PN)	125’ wide residential	43	
	175’ wide residential	9	
TOTALS =	218 units
139.09 acres	

Following please find a brief description of the improvements under construction in Fiscal Year 2023 along with the status and ownership/maintenance responsibility:

Item #	
Improvement Description	
Status	Ownership Maintenance	
1	Surface water management and drainage system	Complete	District	

2	Wastewater collection/transmission system	
In Progress	Seacoast
Utility Authority	

3	
Water distribution system	
In Progress	Seacoast
Utility Authority	

4	Roadways (surface water management and drainage related items only)	
In Progress	
District	

Assessment Area Three - General Information

Below please find the parcels within the Assessment Area Three and the planned uses that benefit from the Assessment Area Three – 2023 Project:

Parcel I.D.	Product/Use	No. of Units	

A-16	50’ wide residential	283	
	60’ wide residential	208	
A-17	65’ wide residential	125	
A-19	65’ wide residential	135	
Parcel “D”	Professional Office/Medical	97.44 acres	
Parcel “H”	Agriculture	11.43 acres	
Parcel “J-East”	Professional Office	7.52 acres	
Parcel “J-West”	Professional Office	14.23 acres	
TOTALS =	751 units
130.62 acres	

The District issued Special Assessment Bonds for the Assessment Area Three – 2023 Project in one or more series (herein, the “2023 Bonds”) to finance and refinance a portion of the Project. Proceeds from the Bonds are being used to fund the construction of the Project.

Please refer to Exhibit 5 attached showing the limits of Assessment Area Three. The Development is being constructed in phases. Following please find a brief description of the improvements under construction in Fiscal Year 2023 along with the status and ownership/maintenance responsibility:

Item #	
Improvement Description	
Status	Ownership Maintenance	

1	Surface water management and drainage system, including related land acquisition	
In Progress	
District	
2	Wastewater collection/transmission system	In Progress	Seacoast Utility	

			Authority	

3	
Water distribution system	
In Progress	Seacoast
Utility Authority	

4	
Roadways including related land acquisition	Land acquisition complete Roadway in
progress	
District	
5	Open space and recreation areas, including land acquisition	In Progress	District	
6	Landscaping, Irrigation, Entrance Features, Hardscapes	In Progress	District	
7	Wetlands Mitigation and Conservation	In Progress	District	

PART III:	PUBLIC PLANNED IMPROVEMENTS UPDATE

Following is a summary of the status of the Project pursuant to the inspections performed by the District Engineer on behalf of the District:

Master Water Management System – Lakes

The surface water management system for Assessment Area One, Two and Three consists of a series of lakes interconnected with pipes and a drainage pump station that will discharge the generated runoff to the preservation and restoration areas. Surface water runoff is conveyed to a primary collector ditch located along the east boundary of the site and flows north along the east boundary to the north property line then to the west along the north property line until it reaches the existing control structure adjacent to the C-18 Canal.

The District has purchased most of the master lake tracts within the three Assessment Areas.

Inspection Report Assessment Area One:
All of the master lakes, the lakes owned by the District within the parcels within Assessment Area One have been constructed in accordance to the permitted plans with the exception of the lake in the Palm Beach Gardens Economic Development Parcel. All completed lake banks are properly graded (verified by lake slope as-builts), have been sodded and are being maintained by the District.

Inspection Report Assessment Area Two:
Approximately 80% of the lakes within Assessment Area Two have been completed. All completed lake banks are properly graded (verified by lake slope as-builts), have been sodded and are being maintained by the District.

The drainage pump station has been constructed and is being operated and maintained by the District.

The District’s contractor is in the process of installing lake interconnects and has disturbed the lake banks in a couple areas; the lake bank in these areas will be restored when the lake interconnects are completed.

Inspection Report Assessment Area Three:
Approximately 40% of the lakes within Assessment Area Three have been completed.  All completed lake banks are properly graded (verified by

lake slope as-builts), have been sodded and are being maintained by the District.

The District’s contractor is in the process of finalizing the installation of the lake interconnects and has disturbed the lake banks in a couple areas; the lake bank in these areas will be restored when the lake interconnects are completed.

Master Water Management System – Lake Interconnects

The master lakes and the lakes owned by the District within the parcels are interconnected with drainage pipes and endwalls.

Inspection Report Assessment Area One:
All of the lake interconnects within Assessment Area One have been constructed in accordance to the permitted plans and certified to the South Florida Water Management District. The lake interconnects are being maintained by the District.

Inspection Report Assessment Area Two:
Approximately 80% of the lake interconnects within Assessment Area Two have been installed and the installation of the remaining lake interconnects is in progress and been inspected by our office. None of the completed work has been certified to the permitting agencies.

Inspection Report Assessment Area Three:
Approximately 40% of the lake interconnects within Assessment Area Two have been installed and the installation of the remaining lake interconnects is in progress and been inspected by our office. None of the completed work has been certified to the permitting agencies.

Spine Roads Construction – Water Distribution and Sewage Collection System

The Project is located within the Seacoast Utility Authority (“SUA”) water and sewer service area. The proposed improvements for the sewage collection system consists of a network of gravity mains and manholes within the spine roads which collect the sewage flow from the parcels and discharge the flow into a series of lift stations throughout Avenir. The flow from the lift stations is pumped to a network of force mains connected to the County’s force main system. The improvements for the water distribution system consists of the installation of a water main trunk lines

11
ballbé & associates, inc.
Page 95

within the spine roads which connect to the County’s water main system.

Inspection Report Assessment Area One:
The installation of the water distribution system is complete and has been certified by the Seacoast Utility Authority (“SUA”) and the Palm Beach County Florida Department of Health-Palm Beach County. The improvements are currently in good working condition and have been conveyed to SUA for ownership and maintenance.
The installation of the sewage collection system is complete, and the contractor is in the process of finalizing the Spine Road Phase 3 final certification which is the last portion of the spine road that needs to be conveyed to SUA. The completed portion of the system has been constructed in accordance with the approved plans, is currently in good working condition and has been conveyed to SUA for ownership and maintenance.

Inspection Report Assessment Area Two:
The construction of water distribution and sewage collection systems for the Spine Road Phase 4 (Avenir Drive from Coconut Boulevard to Panther National Boulevard) is complete and the final certification and conveyance to Seacoast Utility Authority is in progress.

Inspection Report Assessment Area Three:
The construction of water distribution and sewage collection systems for the Spine Road Phase 5 (Panther National Boulevard from Northlake Boulevard to Avenir Drive) is complete and the final certification and conveyance to Seacoast Utility Authority is in progress.
The construction of water distribution system for the Spine Road Phase 6 (Panther National Boulevard from Northlake Boulevard to Avenir Drive) is complete and the final certification and conveyance to Seacoast Utility Authority is in progress.

Lift Stations and Transmission System

Sewage lift stations are being constructed to handle the sewage flow generated the parcels and a force main has been constructed to carry the flow to the existing force main owned and operated by Palm Beach County.

Inspection Report Assessment Area One:
The installation of the lift stations and force mains for Spine Roads 1 & 2 are complete and the improvements have been certified by the Palm Beach County Florida Department of Health-Palm Beach

County. The improvements are currently in good working condition and have been conveyed to SUA for ownership and maintenance.
The installation of the lift station and force main in Spine Road 3 is complete and our office has been conducting periodic inspections. Once the work is complete and the final certification and conveyance to Seacoast Utility Authority is in progress.

Inspection Report Assessment Area Two:
The construction of force main improvements within Spine Road Phase 4 (Avenir Drive from Coconut Boulevard to Panther National Boulevard) is complete and the final certification and conveyance to Seacoast Utility Authority is in progress.

Inspection Report Assessment Area Three:
The construction of two lift stations and force main as part of the Spine Road Phase 5 project (Panther National Boulevard from Northlake Boulevard to Avenir Drive) is in progress and the final certification and conveyance process will commence and soon as the work is completed.
There are no lift stations proposed for the Spine Road Phase 6 project.

Spine Roads – Drainage System, Paving, Sidewalks and Related Work

The roadway components include but are not limited to drainage culverts, catch basins, road subgrade, rock base, asphalt, curbing, pavement markings, signage, sidewalks and asphalt paths.

Inspection Report Assessment Area One:
Spine Roads 1 (Avenir Drive from Northlake Boulevard to Coconut Boulevard) has been constructed and certified to the permitting agencies. The road is being maintained by the District and is in good working condition.
Spine Road 2 (Coconut Boulevard from Avenir Drive north to the conservation area) has been constructed and certified to the permitting agencies. The road is being maintained by the District and is in good working condition.
Spine Road 3 (Coconut Boulevard from Avenir Drive to Northlake Boulevard) has been constructed and the final certification process is in progress. The road is temporarily closed until the Norhtlake Boulevard widening project is complete.

Inspection Report Assessment Area Two:
The construction of Spine Road Phase 4 (Avenir Drive from Coconut Boulevard to Panther National Boulevard) has been completed and is in the process of been certified to SUA and the Palm Beach County Florida Department of Health-Palm Beach County.

Inspection Report Assessment Area Three:
The construction of Spine Road Phase 5 (Panther National Boulevard from Northlake Boulevard to Avenir Drive) is in progress (approximately 90% complete). Our office is conducting periodic inspections and will process the final certification when the project is completed, and the contractor provides the necessary documents.
The construction of Spine Road Phase 6 (Avenir Drive from Panther National Boulevard to Mecca) is in progress (approximately 90% complete). Our office is conducting periodic inspections and will process the final certification when the project is completed, and the contractor provides the necessary documents.

Spine Roads – Landscape and Irrigation

Inspection Report Assessment Area One:
Installation of landscape and irrigation for Spine Road 1 (Avenir Drive from Northlake Boulevard to Coconut Boulevard) and Spine Road 2 (Coconut Boulevard from Avenir Drive north to the conservation area) has been completed and certified to the permitting agencies. The landscape and irrigation are being maintained by the District and is in good condition.
Installation of landscape and irrigation for Spine Road 3 (Coconut Boulevard from Avenir Drive to Northlake Boulevard) is approximately 90% complete and UDS (Landscape Architecture company hired by the District to inspect project) has been conducting periodic inspections. Once the work is completed UDS will conduct the final inspections and will certify the project to the permitting agencies.

Inspection Report Assessment Area Two:
Installation of landscape and irrigation for Spine Road 4 (Avenir Drive from Coconut Boulevard to Panther National Boulevard) has been completed and certified to the permitting agencies. The landscape and irrigation are being maintained by the District and is in good condition.

Inspection Report Assessment Area Three:
Installation of landscape and irrigation for Spine Road Phase 5 (Panther National Boulevard from Northlake Boulevard to Avenir

Drive) and Spine Road Phase 6 (Avenir Drive from Panther National Boulevard to Mecca) is approximately 90% complete and UDS (Landscape Architecture company hired by the District to inspect project) has been conducting periodic inspections. Once the work is completed UDS will conduct the final inspections and will certify the project to the permitting agencies.

Spine Roads – Entry Features

Avenir Drive (Assessment Area One):
The entry feature to the Project located at the Avenir Drive and Northlake Boulevard intersection includes walls, signs, berms, landscaping, irrigation, lighting, fountains, and related features. This entry feature has been constructed, certified to the permitting agencies, is operational and in good working condition. The District is maintaining the entry feature.

Coconut Boulevard (Assessment Area Two):
The entry feature to the Project located at the Coconut Boulevard Drive and Northlake Boulevard intersection includes walls, signs, berms, landscaping, irrigation, lighting, fountains, and related features. This entry is under construction.

Panther National Boulevard (Assessment Area Three):
The entry feature to the Project located at the Panther National Boulevard and Northlake Boulevard intersection includes walls, signs, berms, landscaping, irrigation, lighting, fountains, and related features. This entry is under design and permitting.

Mecca Water Main and Force Main Extensions

Both projects have been completed, certified and conveyed to Seacoast Utility Authority. The District is not maintaining these projects.

Clubhouse

East Clubhouse (Assessment Area One)
The District has constructed the Clubhouse and is currently being operated by the District.

West Clubhouse
The west clubhouse will be constructed by Avenir Development, LLC and is not included in any of the assessment areas.

Avenir Phase One Mitigation Environmental Restoration

The Phase One Mitigation Area is comprised of approximately 300 acres of the designated Avenir Conservation Area which occurs north of the development area, east of the “north-south road”, and south of the Sweet Bay Natural Area. The District has completed the initial habitat restoration requirements for the Phase 1 and started working on the habitat restoration for Phase 2.

The project consists of the following tasks:

Conduct the habitat restoration activities
Upland Pasture Area Restoration
Wetland Invasive Species Treatment
Mechanical Clearing
Native Upland Restoration
Native Vegetation Thinning
Hydrologic Restoration

Inspection Report for Phase Two:
The field work described above is approximately 40% complete.

PART IV:	MAINTENANCE, REPAIR AND OPERATION BUDGET / INSURANCE

Maintenance, Repair and Operation Budget

We have reviewed the District’s Final Budget for Fiscal Year 2023/2024 (October 1, 2023 – September 30, 2024), see attached Exhibit 6, as adopted by the Board and found it to be sufficient for the maintenance of the improvements constructed to date and to be constructed and maintained within the budget period.

Insurance

The District currently carries the following insurance coverages:

TYPE OF INSURANCE	LIMITS	

Commercial General Liability	Each Occurrence	$1,000,000	
	Damage to rented premises (ea
occurrence)	
$100,000	
	Med exp (any one person)	$5,000	
	Personal & adv injury	$1,000,000	
	General aggregate	$2,000,000	
	Products - comp/op AGG	$2,000,000	
Professional Liability		$1,000,000	

We have reviewed the above listed coverage and limits and believe they are adequate. Also, we have reviewed the premium cost and believe that is reasonable. The budget currently includes the cost of the insurance annual premium for the coverage listed above.

I hereby certify that the foregoing is a true and correct copy of the Master Trust Indenture Engineer’s Report Fiscal Year 2023.

Sincerely,

BALLBÉ & ASSOCIATES, INC.

November 1, 2023
Carlos J. Ballbé For the Firm
Registered Engineer No. 41811 State of Florida

EXHIBITS

Prepared by:

Location Map / CDD Boundary

Exhibit 1

PROPERTY BOUNDARY LIMITS

COMMUNITY DEVELOPMENT DISTRICT BOUNDARY

Engineer of Record:

9/13/2016

Reg. Eng. No. 41811 State of Florida

2737 Northeast 30th Place Fort Lauderdale, Florida 33306
Phone: (954) 491-7811
Authorization No. EB-26343

Page 105

Assessment Area One Plan

Exhibit 2

ballbé & associates, inc.

Page 106

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Sheet Number:

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Page 108

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Phone: (954) 491-7811
Authorization No. EB-26343

Engineer of Record:

Registered Engineer Number: State of Florida

Date:

6/20/2019
418/1

AVENIR PARCEL A-4 ASSESSMENT AREA AVENIR COMMUNITY DEVELOPMENT DISTRICT

Project Number:
201622

Sheet Number:
I OF I

Assessment Area Two

Exhibit 4

ballbé & associates, inc.

Page 110

Designed by:	Date:

2737 Northeast 30th Place Fort Lauderdale, Florida 33306

Engineer of Record:

Project Number:

Page 111

NO.

DATE  BY

REVISION

NO.

DATE  BY

REVISION

Drawn by:

Checked by:

Date:

Date:

Phone: (954) 491-7811
Authorization No. CA26426

Registered Engineer Number: State of Florida

Date:

Sheet Number:

Assessment Area Three Plan

Exhibit 5

ballbé & associates, inc.

Page 112

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Designed by:	Date: I

2737 Northeast 30th Place

Engineer of Record:

Project Number:

w	Drawn by:

Date:

Fort Lauderdale, Florida 33306 Phone: (954) 491-7811

Registered Engineer Number:

Date:

/12/2023
41811

Sheet Number:

NO.

DATE  BY

REVISION

NO.

DATE  BY

REVISION

Checked by: --1tLtL_ Date:

Authorization No. CA26426

State of Florida

Final Budget for Fiscal Year 2023-2024

Exhibit 6

ballbé & associates, inc.

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			

November 30, 2023

RE: Avenir Community Development District

The Avenir Community Development District is required to select an auditor to perform the audit for the district for the years ending September 30, 2023, September 30, 2024 and September 30, 2025; with an option for an additional two-year renewal.

In accordance with the Auditor Selection procedures as outlined by Florida Statute 218.391, the District has established the auditor selection criteria and has placed a legal advertisement requesting proposals from qualified audit firms.

Grau & Associates was the only firm to respond to the legal advertisement requesting proposals to perform the fiscal year ending September 30, 2023, September 30, 2024 and September 30, 2025 audits. The proposed fee for the audit for fiscal year ending September 30, 2023 is $15,000.00. The proposed fee for the audit for fiscal year ending September 30, 2024 is $15,300.00. The proposed fee for the audit for fiscal year ending September 30, 2025 audit is $15,600.00. The proposed fee for the audit for fiscal year ending September 30, 2026 (option year) is $15,900.00. And the proposed fee for the audit for fiscal year ending September 30, 2027 (option year) is $16,200.00.

The proposal has a provision that if more Debt is issued the fees would be adjusted accordingly upon approval from all parties.

Note that the current audit firm for the District, Carr, Riggs & Ingram, LLC, decided to not submit a proposal.

It is recommended at this time that Grau & Associates be hired to perform the September 30, 2023, September 30, 2024 and September 30, 2025 annual government audits and also be selected, subject to fee adjustments for inflation, to perform the fiscal year end audits for the following two years (FYE 9/30/26 and 9/30/27).

Special District Services, Inc.

Proposal to Provide Financial Auditing Services:
AVENIR
Community Development District

Proposal Due: October 17, 2023 4:00PM

Submitted to:
Avenir
Community Development District c/o SDS
2501A Burns Road
Palm Beach Gardens, Florida 33410

Submitted by:
Antonio J. Grau, Partner Grau & Associates
951 Yamato Road, Suite 280 Boca Raton, Florida 33431 Tel	(561) 994-9299
(800) 229-4728
Fax	(561) 994-5823
tgrau@graucpa.com www.graucpa.com

Table of Contents

PAGE

EXECUTIVE SUMMARY / TRANSMITTAL LETTER	1
FIRM QUALIFICATIONS	3
FIRM & STAFF EXPERIENCE	6
REFERENCES…	11
SPECIFIC AUDIT APPROACH	13
COST OF SERVICES	17
SUPPLEMENTAL INFORMATION	19

October 17, 2023

Avenir Community Development District C/o SDS
2501A Burns Road
Palm Beach Gardens, Florida 33410

Re:	Request for Proposal for Professional Auditing Services for the fiscal year ended September 30, 2023-2025, with an option for two (2) additional annual renewals.

Grau & Associates (Grau) welcomes the opportunity to respond to the Avenir Community Development District’s (the “District”) Request for Proposal (RFP), and we look forward to working with you on your audit. We are an energetic and robust team of knowledgeable professionals and are a recognized leader of providing services to Community Development Districts. As one of Florida’s few firms to primarily focus on government, we are especially equipped to provide you an effective and efficient audit.

Special district audits are at the core of our practice: we have a total of 360 clients, 329 or 91% of which are special districts. We know the specifics of the professional services and work products needed to meet your RFP requirements like no other firm. With this level of experience, we are able to increase efficiency, to provide immediate and continued savings, and to minimize disturbances to client operations.

Why Grau & Associates:

Knowledgeable Audit Team
Grau is proud that the personnel we assign to your audit are some of the most seasoned auditors in the field. Our staff performs governmental engagements year round. When not working on your audit, your team is refining their audit approach for next year’s audit. Our engagement partners have decades of experience and take a hands-on approach to our assignments, which all ensures a smoother process for you.

Servicing your Individual Needs
Our clients enjoy personalized service designed to satisfy their unique needs and requirements. Throughout the process of our audit, you will find that we welcome working with you to resolve any issues as swiftly and easily as possible. In addition, due to Grau’s very low turnover rate for our industry, you also won’t have to worry about retraining your auditors from year to year.

Developing Relationships
We strive to foster mutually beneficial relationships with our clients. We stay in touch year round, updating, collaborating and assisting you in implementing new legislation, rules and standards that affect your organization. We are also available as a sounding board and assist with technical questions.

Maintaining an Impeccable Reputation
We have never been involved in any litigation, proceeding or received any disciplinary action. Additionally, we have never been charged with, or convicted of, a public entity crime of any sort. We are financially stable and have never been involved in any bankruptcy proceedings.

Complying With Standards
Our audit will follow the Auditing Standards of the AICPA, Generally Accepted Government Auditing Standards, issued by the Comptroller General of the United States, and the Rules of the Auditor General of the State of Florida, and any other applicable federal, state and local regulations. We will deliver our reports in accordance with your requirements.

This proposal is a firm and irrevocable offer for 90 days. We certify this proposal is made without previous understanding, agreement or connection either with any previous firms or corporations offering a proposal for the same items. We also certify our proposal is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action, and was prepared in good faith. Only the person(s), company or parties interested in the project as principals are named in the proposal. Grau has no existing or potential conflicts, and anticipates no conflicts during the engagement. Our Federal I.D. number is 20-2067322.

We would be happy to answer any questions or to provide any additional information. We are genuinely excited about the prospect of serving you and establishing a long-term relationship. Please do not hesitate to call or email either of our Partners, Antonio J. Grau, CPA (tgrau@graucpa.com) or David Caplivski, CPA (dcaplivski@graucpa.com) at 561.994.9299. We thank you for considering our firm’s qualifications and experience.

Very truly yours, Grau & Associates
Antonio J. Grau

Firm Qualifications

Grau’s Focus and Experience

Our Team

3
Partners

10
Professional Staff

2
Administrative Professionals

9/13
Employees are CPAS

Year founded

Services Provided

297

Community Development Districts Served

Properly registered and
licensed professional corporation by the state of FLORIDA

9
Professional Groups

We are proud Members of the American Institute of Certified Public Accountants
&
the Florida Institute of Certified Public Accountants

See next page for report and certificate

External quality review program: consistently receives a pass

⇒

Ext

pro

rec

⇒

Inte

mo

qua

nternal: ongoing monitoring to maintain quality

AICPA | FICPA | GFOA | FASD | FGFOA

Firm & Staff Experience

GRAU AND ASSOCIATES COMMUNITY
DEVELOPMENT DISTRICT EXPERIENCE BY MANAGEMENT COMPANY

OTHER
19

PFM
12

WRATHELL
30

GMS
78

INFRAMARK
38

SDS
60

RIZZETTA
47

MERITUS
23

Profile Briefs:

Antonio J GRAU, CPA (Partner)
Years Performing Audits: 35+
CPE (last 2 years): Government Accounting, Auditing: 24 hours; Accounting, Auditing and Other: 58 hours
Professional Memberships: AICPA, FICPA, FGFOA, GFOA

David Caplivski, CPA (Partner)
Years Performing Audits: 13+
CPE (last 2 years): Government Accounting, Auditing: 24 hours; Accounting, Auditing and Other: 64 hours
Professional Memberships: AICPA, FICPA, FGFOA, FASD

“Here at Grau & Associates, staying up to date with the current technological landscape is one of our top priorities. Not only does it provide a more positive experience for our clients, but it also allows us to perform a more effective and efficient audit. With the every changing technology available and utilized by our clients, we are constantly innovating our audit process.”
-	Tony Grau
“Quality audits and exceptional client service are at the heart of every decision we make. Our clients trust us to deliver a quality audit, adhering to high standards and assisting them with improvements for their organization.”
- David Caplivski

YOUR ENGAGEMENT TEAM

Grau’s client-specific engagement team is meticulously organized in order to meet the unique needs of each client. Constant communication within our solution team allows for continuity of staff and audit team.

Grau contracts with an outside group of IT management consultants to assist with matters including, but not limited to; network and database security, internet security and vulnerability testing.

An advisory consultant will be available as a sounding board to advise in those areas where problems are encountered.

The assigned personnel will work closely with the partner and the District to ensure that the financial statements and all other reports are prepared in accordance with professional standards and firm policy.
Responsibilities will include planning the audit; communicating with the client and the partners the progress of the audit; and
determining that financial statements and all reports issued by the firm are accurate, complete and are prepared in accordance with professional standards and firm policy.

The Engagement Partner will participate extensively during the various stages of the engagement and has direct responsibility for engagement policy, direction, supervision, quality control, security, confidentiality of information of the engagement and communication with client personnel. The engagement partner will also be involved directing the development of the overall audit approach and plan; performing an overriding review of work papers and ascertain client satisfaction.

Antonio ‘Tony ‘J. Grau, CPA
Partner
Contact: tgrau@graucpa.com | (561) 939-6672
Experience
For over 30 years, Tony has been providing audit, accounting and consulting services to the firm’s governmental, non-profit, employee benefit, overhead and arbitrage clients. He provides guidance to clients regarding complex accounting issues, internal controls and operations.
As a member of the Government Finance Officers Association Special Review Committee, Tony participated in the review process for awarding the GFOA Certificate of Achievement in Financial Reporting. Tony was also the review team leader for the Quality Review of the Office of Management Audits of School Board of Miami-Dade County. Tony received the AICPA advanced level certificate for governmental single audits.

Education
University of South Florida (1983) Bachelor of Arts
Business Administration

Clients Served (partial list)
(>300) Various Special Districts, including:

Bayside Improvement Community Development District Dunes Community Development District
Fishhawk Community Development District (I, II, IV) Grand Bay at Doral Community Development District Heritage Harbor North Community Development District

Boca Raton Airport Authority Greater Naples Fire Rescue District
Key Largo Wastewater Treatment District Lake Worth Drainage District
South Indian River Water Control

St. Lucie West Services District
Ave Maria Stewardship Community District Rivers Edge II Community Development District Bartram Park Community Development District
Bay Laurel Center Community Development District

Professional Associations/Memberships
American Institute of Certified Public Accountants Florida Government Finance Officers Association Florida Institute of Certified Public Accountants Government Finance Officers Association Member City of Boca Raton Financial Advisory Board Member

Professional Education (over the last two years)
Course	Hours
Government Accounting and Auditing	24
Accounting, Auditing and Other	58
Total Hours	82 (includes of 4 hours of Ethics CPE)

David Caplivski, CPA/CITP, Partner
Contact : dcaplivski@graucpa.com / 561-939-6676
Experience
Grau & Associates	Partner	2021-Present	
Grau & Associates	Manager	2014-2020	
Grau & Associates	Senior Auditor	2013-2014	
Grau & Associates	Staff Auditor	2010-2013	

Education
Florida Atlantic University (2009) Master of Accounting
Nova Southeastern University (2002) Bachelor of Science
Environmental Studies

Certifications and Certificates
Certified Public Accountant (2011)
AICPA Certified Information Technology Professional (2018) AICPA Accreditation COSO Internal Control Certificate (2022)

Clients Served (partial list)
(>300) Various Special Districts	Hispanic Human Resource Council
Aid to Victims of Domestic Abuse	Loxahatchee Groves Water Control District
Boca Raton Airport Authority	Old Plantation Water Control District
Broward Education Foundation	Pinetree Water Control District
CareerSource Brevard	 San Carlos Park Fire & Rescue Retirement Plan CareerSource Central Florida 403 (b) Plan	South Indian River Water Control District
City of Lauderhill GERS	South Trail Fire Protection & Rescue District
City of Parkland Police Pension Fund	Town of Haverhill
City of Sunrise GERS	Town of Hypoluxo
Coquina Water Control District	Town of Hillsboro Beach
Central County Water Control District	Town of Lantana
City of Miami (program specific audits)	 Town of Lauderdale By-The–Sea Volunteer Fire Pension City of West Park	Town of Pembroke Park
Coquina Water Control District	Village of Wellington East Central Regional Wastewater Treatment Facl.	 Village of Golf
East Naples Fire Control & Rescue District

Professional Education (over the last two years)
Course	Hours
Government Accounting and Auditing	24
Accounting, Auditing and Other	64
Total Hours	88 (includes 4 hours of Ethics CPE)
Professional Associations
Member, American Institute of Certified Public Accountants Member, Florida Institute of Certified Public Accountants Member, Florida Government Finance Officers Association Member, Florida Association of Special Districts

References

We have included three references of government engagements that require compliance with laws and regulations, follow fund accounting, and have financing requirements, which we believe are similar to the District.

 Dunes Community Development District	
Scope of Work	Financial audit Engagement Partner	Antonio J. Grau Dates	Annually since 1998
Client Contact	Darrin Mossing, Finance Director 475 W. Town Place, Suite 114
St. Augustine, Florida 32092
	904-940-5850	

 Two Creeks Community Development District	
Scope of Work	Financial audit Engagement Partner	Antonio J. Grau Dates	Annually since 2007
Client Contact	William Rizzetta, President 3434 Colwell Avenue, Suite 200
Tampa, Florida 33614
	813-933-5571	

 Journey’s End Community Development District	
Scope of Work	Financial audit Engagement Partner	Antonio J. Grau Dates	Annually since 2004
Client Contact	Todd Wodraska, Vice President
2501 A Burns Road
Palm Beach Gardens, Florida 33410
	561-630-4922	

Specific Audit Approach

AUDIT APPROACH
Grau’s Understanding of Work Product / Scope of Services:
We recognize the District is an important entity and we are confident our firm is eminently qualified to meet the challenges of this engagement and deliver quality audit services. You would be a valued client of our firm and we pledge to commit all firm resources to provide the level and quality of services (as described below) which not only meet the requirements set forth in the RFP but will exceed those expectations. Grau & Associates fully understands the scope of professional services and work products requested. Our audit will follow the Auditing Standards of the AICPA, Generally Accepted Government Auditing Standards, issued by the Comptroller General of the United States, and the Rules of the Auditor General of the State of Florida and any other applicable Federal, State of Local regulations. We will deliver our reports in accordance with your requirements.

Proposed segmentation of the engagement
Our approach to the audit engagement is a risk-based approach which integrates the best of traditional auditing techniques and a total systems concept to enable the team to conduct a more efficient and effective audit. The audit will be conducted in three phases, which are as follows:

PHASE I:
Preliminary Planning

PHASE II:
Execution of the Audit Plan

PHASE III:
Completion and Delivery

Phase I - Preliminary Planning
A thorough understanding of your organization, service objectives and operating environment is essential for the development of an audit plan and for an efficient, cost-effective audit. During this phase, we will meet with appropriate personnel to obtain and document our understanding of your operations and service objectives and, at the same time, give you the opportunity to express your expectations with respect to the services that we will provide. Our work effort will be coordinated so that there will be minimal disruption to your staff.

During this phase we will perform the following activities:
» Review the regulatory, statutory and compliance requirements. This will include a review of applicable federal and state statutes, resolutions, bond documents, contracts, and other agreements;
» Read minutes of meetings;
» Review major sources of information such as budgets, organization charts, procedures, manuals, financial systems, and management information systems;
» Obtain an understanding of fraud detection and prevention systems;
» Obtain and document an understanding of internal control, including knowledge about the design of relevant policies, procedures, and records, and whether they have been placed in operation;
» Assess risk and determine what controls we are to rely upon and what tests we are going to perform and perform test of controls;
» Develop audit programs to incorporate the consideration of financial statement assertions, specific audit objectives, and appropriate audit procedures to achieve the specified objectives;
» Discuss and resolve any accounting, auditing and reporting matters which have been identified.

Phase II – Execution of Audit Plan
The audit team will complete a major portion of transaction testing and audit requirements during this phase. The procedures performed during this period will enable us to identify any matter that may impact the completion of our work or require the attention of management. Tasks to be performed in Phase II include, but are not limited to the following:
» Apply analytical procedures to further assist in the determination of the nature, timing, and extent of auditing procedures used to obtain evidential matter for specific account balances or classes of transactions;
» Perform tests of account balances and transactions through sampling, vouching, confirmation and other analytical procedures; and
» Perform tests of compliance.
Phase III - Completion and Delivery

In this phase of the audit, we will complete the tasks related to year-end balances and financial reporting. All reports will be reviewed with management before issuance, and the partners will be available to meet and discuss our report and address any questions. Tasks to be performed in Phase III include, but are not limited to the following:

» Perform final analytical procedures;
» Review information and make inquiries for subsequent events; and
» Meeting with Management to discuss preparation of draft financial statements and any potential findings or recommendations.

You should expect more from your accounting firm than a signature in your annual financial report. Our concept of truly responsive professional service emphasizes taking an active interest in the issues of concern to our clients and serving as an effective resource in dealing with those issues. In following this approach, we not only audit financial information with hindsight but also consider the foresight you apply in managing operations.

Application of this approach in developing our management letter is particularly important given the increasing financial pressures and public scrutiny facing today’s public officials. We will prepare the management letter at the completion of our final procedures.

In preparing this management letter, we will initially review any draft comments or recommendations with management. In addition, we will take necessary steps to ensure that matters are communicated to those charged with governance.

In addition to communicating any recommendations, we will also communicate the following, if any:

» Significant audit adjustments;
» Significant deficiencies or material weaknesses;
» Disagreements with management; and
» Difficulties encountered in performing the audit.

Is the recommendation cost effective?

Is the recommendation the simplest to effectuate in order to correct a problem?

Is the recommendation at the heart of the problem and not just correcting a symptomatic matter?

Is the corrective action taking into account why the deficiency occurred?

Our findings will contain a statement of condition describing the situation and the area that needs strengthening, what should be corrected and why. Our suggestions will withstand the basic tests of corrective action:

To assure full agreement with facts and circumstances, we will fully discuss each item with Management prior to the final exit conference. This policy means there will be no “surprises” in the management letter and fosters a professional, cooperative atmosphere.

Communications
We emphasize a continuous, year-round dialogue between the District and our management team. We regularly communicate through personal telephone calls and electronic mail throughout the audit and on a regular basis.
Our clients have the ability to transmit information to us on our secure client portal with the ability to assign different staff with separate log on and viewing capability. This further facilitates efficiency as all assigned users receive electronic mail notification as soon as new information has been posted into the portal.

Cost of Services

Our proposed all-inclusive fees for the financial audit for the fiscal years ended September 30, 2023-2027 are as follows:

  Year Ended September 30,			Fee		
2023	$15,000	
2024	$15,300	
2025	$15,600	
2026	$15,900	
2027	$16,200	
TOTAL (2023-2027)	$78,000	

The above fees are based on the assumption that the District maintains its current level of operations. Should conditions change or additional debt is issued the fees would be adjusted accordingly upon approval from all parties concerned.

Supplemental Information

PARTIAL LIST OF CLIENTS

	Governmental Audit	Single Audit	Utility Fund	
Current Client	
Year End	
Boca Raton Airport Authority	✓	✓		✓	9/30	
Captain's Key Dependent District	✓			✓	9/30	
Central Broward Water Control District	✓			✓	9/30	
Collier Mosquito Control District	✓			✓	9/30	
Coquina Water Control District	✓			✓	9/30	
East Central Regional Wastewater Treatment Facility	✓		✓		9/30	
Florida Green Finance Authority	✓				9/30	
Greater Boca Raton Beach and Park District	✓			✓	9/30	
Greater Naples Fire Control and Rescue District	✓	✓		✓	9/30	
Green Corridor P.A.C.E. District	✓			✓	9/30	
Hobe-St. Lucie Conservancy District	✓			✓	9/30	
Indian River Mosquito Control District	✓				9/30	
Indian Trail Improvement District	✓			✓	9/30	
Key Largo Wastewater Treatment District	✓	✓	✓	✓	9/30	
Lake Padgett Estates Independent District	✓			✓	9/30	
Lake Worth Drainage District	✓			✓	9/30	
Loxahatchee Groves Water Control District	✓				9/30	
Old Plantation Control District	✓			✓	9/30	
Pal Mar Water Control District	✓			✓	9/30	
Pinellas Park Water Management District	✓			✓	9/30	
Pine Tree Water Control District (Broward)	✓			✓	9/30	
Pinetree Water Control District (Wellington)	✓				9/30	
Ranger Drainage District	✓	✓		✓	9/30	
Renaissance Improvement District	✓			✓	9/30	
San Carlos Park Fire Protection and Rescue Service District	✓			✓	9/30	
Sanibel Fire and Rescue District	✓			✓	9/30	
South Central Regional Wastewater Treatment and Disposal Board	✓			✓	9/30	
South-Dade Venture Development District	✓			✓	9/30	
South Indian River Water Control District	✓	✓		✓	9/30	
South Trail Fire Protection & Rescue District	✓			✓	9/30	
Spring Lake Improvement District	✓			✓	9/30	
St. Lucie West Services District	✓		✓	✓	9/30	
Sunshine Water Control District	✓			✓	9/30	
West Villages Improvement District	✓			✓	9/30	
Various Community Development Districts (297)	✓			✓	9/30	
TOTAL	332	5	3	327		

ADDITIONAL SERVICES

CONSULTING / MANAGEMENT ADVISORY SERVICES

Grau & Associates also provide a broad range of other management consulting services. Our expertise has been consistently utilized by Governmental and Non-Profit entities throughout Florida. Examples of engagements performed are as follows:

Accounting systems
Development of budgets
Organizational structures
Financing alternatives
IT Auditing

Fixed asset records
Cost reimbursement
Indirect cost allocation
Grant administration and compliance

ARBITRAGE

The federal government has imposed complex rules to restrict the use of tax-exempt financing. Their principal purpose is to eliminate any significant arbitrage incentives in a tax-exempt issue. We have determined the applicability of these requirements and performed the rebate calculations for more than 150 bond issues, including both fixed and variable rate bonds.

73

Current Arbitrage Calculations

We look forward to providing Avenir Community Development District with our resources and experience to accomplish not only those minimum requirements set forth in your Request for Proposal, but to exceed those expectations!

For even more information on Grau & Associates please visit us on www.graucpa.com.

11I .

Fisher and Associates, LLC
Architects I Planners I Interior Designers I LEED Professionals
::.,.. .,:;;	AA26001738

DESIGN SERVICE WORK ORDER	

To:	Avenjr Community Deve!opmentDistrict	Date:	October 31, 2023 (Revised November 3. 2023)	
Attn:	VirginiaCepero	From:	 William J. Fisher Jr		
Project:  Avenir Town Center Publixand Retail Shops	Project No:	..2..1.9...,0.,.2.,_7	_	

DSW	#219027-8	
Re:	
Site Structural Details		

PLEASE BE ADVISED THAT FISHER AND ASSOCIATES, LLC WILL PROCEED WITH THE FOLLOWING UPON AUTHORIZATION BY VIRGINIA CEPERO OF AVENIR COMMUNITY DEVELOPMENT DISTRICT. THIS IS NOT AN INVOICE. THE ACTUAL FEES WILL BE INVOICED MONTHLY AND UPON COMPLETION OF SERVICES. THERE WILL BE NO RETAINAGE HELD FROM PARTIAL BILLINGS.

SCOPE OF WORK

This Design Service Work Order is in response to the request to develop engineered structural details for some of the schematic site features developed by UDS throughout the Town Center. The site items requiring structural engineering, which are included in this proposal, are the staggered screen wall, the raised plinth, and the solid bench seats. It is understood that we will provide the details on a single sheet which will be S&S for jurisdictional review.

Additional Service Fee associated with Site Structural Details:

Structural:	$4,000.00

TOTAL FEE (ADD) associated with this addendum to the original agreement:	(ADD) $4,000.00

Fisher and A

4

Own	•	
Virginia	pero
Avenir Community Development District

Page 1 of 1
DSW 219027-8, October 31, 2023 (Revised November 3, 2023) Avenir Town Center Publix and Retail Shops
Site Structural Details

-	Inc:,

G	0

u p

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

October 26, 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 15

Re:  NORTH LAKE BLVD / Coconut Blvd intersection design for EXISTING CONDITIONS

Dear MS. Cepero:

The purpose of this Supplemental Agreement is to revise the span Wire signal that was designed and permitted for phase I at Coconut Blvd and Northlake Blvd. The revision is to accommodate a dual southbound left turn and shift of the north leg of the intersection along with structural analyses. The changes will be presented to the county as a permit modification and will be issued to the contractor as a change order.

Total fee for this SA 15 will be $2400 for structural and $7500 for signal modification and permit modifications, total of $9900

Acceptance of Proposal:

Avenir Community Development District

Virginia	pro

Date:	 10/26/23		Date:

(!_ hA-'

By:

Signed:	HSQ Group, Inc.

Hour  S.at1.hadi;;h	By:

Signed:	
Name:	Nour Shehadeh, PE	Name:	
Title:	Vice President	Title:	

I 1L,16.023
1	1

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

November 8, 2023

Re:	Art Expenditure Authorization

To Whom it May Concern:

On behalf of the Avenir Community Development District Board of Supervisors, Mr. Manuel Mato is authorized to expend a not-to-exceed amount of $200,000 to procure art necessary for the City’s “Art in Public Places” program.

If you have any questions or require any additional information, please do not hesitate to call our office at 561-630-4922.

Thank you,

Jason Pierman District Manager
Special District Services, Inc.

Palm Beach Gardens Palm Beach County, FL
New Crossing at Coconut Blvd 977004C· Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP No. FL2870

CONSTRUCTION  AGREEMENT

This Construction Agreement ("Agreement") is made as of 	 . 20_, by and between CSX TRANSPORTATION, INC., a Virginia corporation with its principal place of business in Jacksonville, Florida ("CSXT"), and AVENIR COMMUNITY DEVELOPMENT DISTRICT, a body corporate and political subdivision of the State of Florida ("Agency").

EXPLANATORY STATEMENT

l, Agency has proposed to construct, or to cause to be constructed, a new crossing with active grade crossing warning devices due to new roadway, Coconut Boulevard, constructed through the CSXT right of way, with Department of Transportation Crossing Inventory Number 977004C, Railroad Mjlepost Number SX 953.6 l, located in Palm Beach Gardens, Palm Beach County, Florida, and closure of adjacent private crossing at Youth Camp Crossing, with Department of Transportation Crossing Inventory Number 628094S, Railroad Milepost Number SX 953.35, located in West Palm Beach, Palm Beach County, Florida, both crossings are within the Florida Zone, Auburndale Subdivision (the "Project").

	Agency has obtained, or will obtain, all authorizations, permits and approvals from all local, state and federal agencies (including Agency), and their respective governing bodies and regulatory agencies, necessary to proceed with the Project and to appropriate all funds necessary to construct the Project.

	Agency acknowledges that: (i) by entering into this Agreement, CSXT will provide services and accommodations to promote public interest in this Project, without profit or other economic inducement typical of other Agency contractors; (ii) neither CSXT nor its affiliates (including their respective directors, officers, employees or agents) will incur any costs, expenses, losses or liabilities in excess of payments made to CSXT, by or on behalf of Agency or its contractors, pursuant to this Agreement; and (iii) CSXT retains the paramount right to regulate all activities affecting its property and operations.

lt is the purpose of this Agreement to provide for the terms and conditions upon which the Project may proceed.

NOW, THEREFORE, in consideration of the foregoing Explanatory Statement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as fo] lows:

Project Plans and Specifications

Preparation and Approval.	Pursuant to Exhibit A of this Agreement, all plans, specifications, drawings and other documents necessary or appropriate to the design

20211101 Final

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP No. FL2870

of thirty (30) days following delivery of each such invoice to Agency or, the payment date (if any) set forth in the Payment Schedule.

Following completion of the Project, CSXT shall submit to Agency a final invoice that reconciles the total Reimbursable Expenses incurred by CSXT against the total payments received from Agency. Agency shall pay to CSXT the amount by which Reimbursable Expenses exceed total payments as shown by the final invoice, within thirty (30) days following delivery of such invoice to Agency. In the event that the payments received by CSXT from Agency exceed the Reimbursable Expenses, CSXT shall remit such excess to Agency.

In the event that Agency fails to pay CSXT any sums due CSXT under this Agreement: (i) Agency shall pay CSXT interest at the lesser of 1.0% per month or the maximum rate of interest permitted by applicable law on the delinquent amount until paid in full; and (ii) CSXT may elect, by delivery of notice to Agency: (A) to immediately cease all further work on the Project, unless and until Agency pays the entire delinquent sum, together with accrued interest; and/or (B) to terminate this Agreement.

All invoices from CSXT shall be delivered to Agency in accordance with Section 16 of this Agreement.  All payments by Agency to CSXT shalt be made by

-cJr,

certified check and mailed to the following address or such other address as designated by CSXT's notice to Agency:

CSX Transportation, Inc.
P.O. Box 530192
Atlanta, GA 30353-0192

4.4		Effect of Termination. Agency's obligation to pay to CSXT Reimbursable Expenses in accordance with Section 4 shall survive termination of this Agreement for any reason.

7	5. Appropriations Agency represents to CSXT that: (i) Agency has appropriated funds
,	sufficient to reimburse CSXT for the Reimbursable Expenses encompassed by the Estimate
attached as Exhibit D; (ii) Agency shall use its best efforts to obtain appropriations necessary to cover Reimbursable Expenses encompassed by subsequent Estimates approved by Agency; and (iii) Agency shall promptly notify CSXT in the event that Agency is unable to obtain such appropriations.

Easements and Licenses

€'\\}\\\-

Agency Obligation. Agency shall acquire all necessary licenses, permits and easements required for the Project.

C\'	e	1 -7
\': \\"'e,L	\)  I
(j	('	f1
4
20211101 Final

Palm Beach Gardens Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP No. FL2870

where it may reasonably and safely suspend the Work. Agency shall reimburse CSXT pursuant to this Agreement for the Work performed, plus all costs reasonably incurred by CSXT to discontinue the Work and protect the Work upon full suspension of the same, the cost of retumjng CSXT's property to its former condition, and all other costs of CSXT incurred as a result of the Project up to the time of full suspension of the Work. Termination of this Agreement or Work on the Project, for any reason, shall not diminish or reduce Agency's obligation to pay CSXT for Reimbursable Expenses incurred in accordance with this Agreement. In the event of the tennination of this Agreement or the Work for any reason, CSXT's only remairung obligation to Agency shall be to refund to Agency payments made to CSXT in excess of Reimbursable Expenses in accordance with Section 4.

()	9. Insurance In addition to the insurance that Agency requires of its Contractor, Agency shall
\;fr '".-t\	acquire or require its Contractor to purchase and maintain insurance in compliance with

e'-t-o

CSXT's insurance requirements attached to thi.s Agreement as Exhibit F.  Neither Agency

-		t;,-i_...-	 nor Contractor shall commence work on the Project until such policy or policies have been c	hrf\/'1'-S\	submitted to and approved by CSXT's Risk Management Department.
'?'2./ ,-	)
'-F-	I 0. Ownership and Maintenance

I 0.1 By Agency. Agency shall maintain and repair, at its sole cost and expense, all parts comprising the pennanent aspects of the Project, as shown by the Plans, consisting of roadway pavement up to the outer ends of the railroad cross ties, sidewalks, guardrails, and curbs, in good and safe condition to CSXT's satisfaction. In the event Agency fails to do so after reasonable notice from CSXT (unless an emergency condition exists or is imminent in the opinion of CSXT that requires immediate action), CSXT may perform such maintenance and repair, at Agency's sole cost and expense.

10.2 By CSXT. CSXT shall maintain and repair the crossing surface between the ends of its cross ties and its signal facilities at the crossing, at Agency's sole cost and expense.

l 0.3 Alterations. Agency shall not undertake any alteration, modification or expansion of the Project, without the prior written approval of CSXT, which may be withheld for any reason, and the execution of such agreements as CSXT may require. CSXT may undertake alterations of its property, track or facilities and shall be reimbursed by Agency for the expenses incurred by CSXT with respect to the removal and restoration of the crossing in connections with such alteration.

Indemnification

Generally. To the maximum extent permitted by applicable law, Agency and its Contractors shall indemnify, defend, and hold CSXT and its affiliates harmless from and against all claims, demands, payments, suits, actions, judgments, settlements, and damages of every nature, degree, and kind (including direct, indirect, consequential,

6
20211101 Final

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP No. FL2870

incidental, and punitive damages), for any injury to or death to any person(s) (including, but not limited to the employees of CSXT, its affiliates, Agency or its Contractors), for the loss of or damage to any property whatsoever (including but not limited to property owned by or in the care custody, or control of CSXT, its affiliates, Agency or its Contractors, and environmental damages and any related remediation brought 01: recovered against CSXT and its affiliates), arising directly or indirectly from the negligence, recklessness or intentional wrongful misconduct of the Contractors, Agency, and their respective agents, employees, invitees, contractors, or its contractors' agents, employees or invitees in the performance of work in connection with the Project or activities incidental thereto, or from their presence on or about CSXT's property. The foregoing indemnification obligation shall not be limited to the insurance coverage required by this Agreement, except to the extent required by law or otherwise expressly provided by this Agreement.

Compliance with Laws. Agency shall comply, and shall require its Contractors to comply, with any federal, state, or local laws, statutes, codes, ordinances, rules, and regulations applicable to its construction and maintenance of the Project. Agency's Contractors shall indemnify, defend, and hold CSXT and its affiliates hannless with respect to any fines, penalties, liabilities, or other consequences arising from breaches of this Section.

l l.3 "CSXT Affiliates". For the purpose of this Section 11, CSXT's affiliates include CSX Corporation and all entities, directly or indirectly, owned or controlled by or under common control of CSXT or CSX Corporation and their respective officers, directors, employees and agents.

L1.4 Notice of Incidents.	Agency and its Contractor shall notify CSXT promptly of any loss, damage, injury or death arising out of or in connection with the Project work.

11.5 Survival. The provisions of this Section L l shall survive the termination or expiration of this Agreement.

	Independent Contractor The parties agree that neither Agency nor its Contractors shall be deemed either agents or independent contractors of CSXT. Except as otherwise provided by this Agreement, CSXT shall exercise no control whatsoever over the employment, discharge, compensation of, or services rendered by Agency or Agency's Contractors, or the construction practices, procedures, and professional judgment employed by Agency or its Contractor to complete the Project. Notwithstanding the foregoing, this Section 12 shall in no way affect the absolute authority of CSXT to prohibit Agency or its Contractors or anyone from entering CSXT's property, or to require the removal of any person from its property, if it determines, in its sole discretion, that such person is not acting in a safe manner or that actual or potential hazards in, on or about the Project exist.

7
2021110I Final

Palm Beach Gardens Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.6l
CSXT OP No. FL2870

"Entire Agreement" This Agreement embodies the entire understanding of the parties, may not be waived or modified except in a writing signed by authorized representatives of both parties, and supersedes al I prior or contemporaneous written or oral understandings, agreements or negotiations regarding its subject matter. In the event of any inconsistency between this Agreement and the Exhibits, the more specific te1ms of the Exhibits shall be deemed controlling.

	Waiver lf either party fails to enforce its respective rights under this Agreement, or fails to insist upon the performance of the other party's obligations hereunder, such failure shall not be construed as a permanent waiver of any rights or obligations in this Agreement.

	Assignment CSXT may assign this Agreement and all rights and obligations herein to a successor in interest, parent company, affiliate, or future affiliate. Upon assignment of this Agreement by CSXT and the assumption of CSXT's assignee of CSXT's obligations under this Agreement, CSXT shall have no further obligation under this Agreement. Agency shall not assign its rights or obligations under this Agreement without CSXT's prior consent, which consent may be withheld for any reason.

Notices All notices, consents and approvals required or permitted by this Agreement shall be in writing and shall be deemed delivered upon personal delivery, upon the expiration of three
(3) days following mailing by first class U.S. mail, or upon the next business day following mailing by a nationally recognized overnight carrier, to the parties at the addresses set forth below, or such other addresses as either party may designate by deli very of prior notice to the other party:

ffto CSXT:

lfto Agency;

CSX Transportation, Inc. 500 Water Street, J-301 Jacksonville, Florida 32202
Attention: Director Project Management  Public Projects

Avenir Community Development District
---	lll· I District Services, I	l ,
2501A	Road
Palm Beach Gardens, Florida 33410 Attention: Jason Pierman, District Manager

Severability The parties agree that if any part, term or provision of this Agreement is held to be illegal, unenforceable or in conflict with any applicable federal, state, or local law or regulation, such part, term or provision shall be severable, with the remainder of the Agreement remaining valid and enforceable.

Applicable Law This Agreement shall be governed by the laws of the State of Florida, exclusive of its choice of law rules. The parties further agree that the venue of all legal and equitable proceedings related to disputes under this Agreement shall be situated in Duval

8
202 I 110I Final

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP No. FL2870
  R,.	County, Florida, and the parties-·agte<.'y"0submit to the personal jurisdiction of any State or Federal court situated•	Duval County,	orida.

BY SIGNING THIS AGREEMENT, l certify that there have been no changes made to the content of
this Agreement since its approval by the CSXT Legal Department on November S, 2021.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed  m
duplicate, each by its duly authorized officers, as of the date of this Agreement.

AVEN IR COMMUNITY DEVELOPMENT DISTRICT
By:			 Name:.		 _ Title:	

CSX TRANSPORTATION, INC.
By:		 Edward D. Sparks
Chief Engineer - Bridges, Design & Construction

9
20211101 Final

	

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, J	
Palm Beach Gardens Palm Beach County, FL
New Crossing at Coconut Blvd	
	-\		X'\_D,r..{l	(I ro 'i, \. i?	\c'-v	,,_,_,\-	977004C: Florida Zone	
,.r--			'\ "-	,1J	r-,;_.....,,	<	C9	\,--..,.	Auburndale Subdivision; SX 953.61	

U v-	\\	\r	(,.{;	r'- 0	\') n	\	\	'\,	CSXT OP No. FL2870

S' /	'(	(\	EXHIBIT F	\  \..	'.J_,,. D ,

\	CSC"J	J	lh	C	•\ ,--1.\.
\_\l..._\	<	JO.	()	(}(	1llt
(r	INSURANCE  REQUIREMENTS	:{_	(1?

L Insurance Policies:

Agency and Contractor, if and to the extent that either i.s performing work on or about CSXT's property, shall procure and maintain the following insurance policies:

l. Commercial General Liability coverage at their sole cost and expense with limits of not less than $5,000,000 in combined single limits for bodily injury and/or property damage per occurrence, and such policies shall name CSXT as an additional named insured. The policy shall include endorsement ISO CG 24 17 evidencing that coverage is provided for work within 50 feet of a railroad. [f such endorsement is not included, railroad protective liability insurance must be provided as described in item 4 below.

Statutory Worker's Compensation and Employers Liability Insurance with Limits of not less than $1,000,000, which insurance must contain a waiver of subrogation against CSXT and its affiliates (if permitted by state law).

	Commercial automobile liability insurance with limits of not less than $1,000,000 combined single limit for bodily injury and/or property damage per occurrence, and such policies shall name CSXT as an additional named insured. The policy shall include endorsement ISO CA 20 70 evidencing that coverage is provided for work within 50 feet of a railroad. If such endorsement is not included, railroad protective liability insurance must be provided as described in item 4 below.

	Railroad protective liability insurance with limits of not less than $5,000,000 combined single limit for bodily injury and/or property damage per occurrence and an aggregate annual limit of $ I 0,000,000, which insurance shall satisfy the following additional requirements:

a	The Railroad Protective Insurance Policy must be on the ISO/RIMA Form of Railroad Protective Insurance - Insurance Services Office (ISO) Form CG 00 35.

	CSX Transportation must be the named insured on the Railroad Protective Insurance Policy.

Name and Address of Contractor and Agency must appear on the Declarations page.

	Description of operations must appear on the Declarations page and must match the Project description.

2021 I IO I F•inal

F-1

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP No. FL2870

2
	Authorized endorsements must include the Pollution Exclusion Amendment - CG 28 31, unless using form CG 00 35 version 96 and later.
Authorized endorsements may include:

Broad Form Nuclear Exclusion - IL 00 21
30-day Advance Notice of Non-renewal or cancellation
Required State Cancellation Endorsement
Quick Reference or Index - CL/IL 240

Authorized endorsements may not include:
A Pollution Exclusion Endorsement except CG 28 31
A Punitive or Exemplary Damages Exclusion
A "Common Policy Conditions" Endorsement
Any endorsement that is not named in Section 4 (e) or (f) above.
Policies that contain any type of deductible

All insurance companies must be A. M. Best rated A- and Class VII or better.

The CSX OP number or CSX contract number, as applicable, must appear on each Declarations page and/or certificates of insurance.

Such additional or different insurance as CSXT may require.

IL Additional Terms

Contractor must submit the original Railroad Protective Liability policy, Certificates of Insurance and all notices and correspondence regarding the insurance policies to:

Insurance Department CSX Transportation, Inc.
500 Water Street, C-907 Jacksonville, FL 32202
OR
insurancedocuments@csx.com

	Neither Agency nor Contractor may begin work on the Project until it has received CSXT's written approval of the required insurance.

202 I 110I Final

F-2

SCHEDULEI

CONTRACTOR'S ACCEPTANCE

To and for the benefit of CSX Transportation, Inc. ("CSXT") and to induce CSXT to permit Contractor on or about CSXT's property for the purposes of performing work in accordance with the Agreement dated 	, 20_, between A YENfR COMMUNITY DEVELOPMENT DISTRICT and CSXT, Contractor hereby agrees to abide by and perform all applicable terms of the Agreement, including, but not limited to Exhibits C and F to the Agreement, and Sections 3, 9 and l l of the Agreement.

Contractor: 	

\\COR\130459.7

By:	­
Name: 	
TitIe: 	 Date: 	 

20211101 Final

I-1

Monthly Managers Report November 30, 2023

Date of Report: 11/22/2023	Submitted by: Richard Salvatore

Completed Tasks
Previously approved Aquatics program has been put in place, marketed, with participation growing.
Fitness class options have been adjusted, by resident demand, class styles and timings added. Currently 5 classes per week, as opposed to the original 3 class per week offering.
The gym equipment quarterly maintenance has been completed.
Clubhouse and entrance holiday lights installed: Entrance lights set to run from 5:30pm- 6:00 AM. Clubhouse lights are from sunset to sunrise.

Ongoing Tasks
Removal of dead/dying landscaping around the clubhouse and amenities; replacement with like materials by Arazoza.

Future Items
Consideration of adding gutters to the front of the clubhouse to prevent further washout of landscape materials during heavy rains. Proposals to be provided at the next meeting.
Annual fire inspection is set to be completed in the coming weeks.
Height of trees behind the pool deck, looking into the golf course, to be trimmed and lowered to provide golf course for patrons on the pool deck.
Addition of the following items:
Singular gate to be installed to secure the walkway to the tennis courts and allow for installation of an access control point
Access control points on all pool deck perimeter gates, pickleball gate, and future tennis gate.
“Request to exit device” for gym double doors to complete the after hours access project.

Proposals for consideration
See handout containing proposals for above mentioned landscape replacement work.

Page 164

Lifestyle Directors Report

Date of Report: 11/22/2023	Submitted by: Patrice Chiaramonte

Completed Events:

Halloween: October 28th, 2023
This was the biggest turnout to a party yet! Over 300 participants came to enjoy the Avenir Halloween Party! There was live DJ entertainment, live comedy entertaiment, a Food Truck by Che Grill, a Golf Cart Decorating Contest, and two Best Dressed Halloween Contests. Residents feedback was excellent, stating this was the best event to date.

Page 165

Farmers Market: Sunday, November 5th , 2023

Over 100 participants came to the first ever Avenir Farmers Market, to support local vendors. The feedback of this trial event was exceedingly positive, with many people requesting this be done monthly!

Parent & Me Music Class: Saturday, November 11th, 2023
The adults loved this music class just as much as the kids! Held in the event hall, this gave the class plenty of space for all to enjoy a bit of music instruction and self- expression through instruments.

Page 166

David Yurman Sip & Shop: Sunday, November 12th, 2023

A partnership was created with David Yurman Jewelers for an exclusive, Off Site, VIP event. Avenir were invited to sip & shop at David Yurman’s in The Gardens Mall for a private experience in which they also received an exclusive Jewelry Satchel as a gift with a purchase.

Fall Festival: Saturday, November 18th, 2023
Over 130 participants came out to enjoy this seasonal festival. “Real Ting” provided live music to set the atmosphere. Food trucks were available for participants to satisfy their hunger, and fire dancers, and aerial artists put on a display once the sun went down.

Page 167

Upcoming Events
Saturday December 2nd : Holiday Boutique
Saturday December 9th : Sleigh All Day
Saturday December 16th-17th : Holiday Craft Day
Saturday December 30th : “New Years Resolutions Comedy Show”
Friday January 5th : Teen Night
Friday January 12th : Food Truck Night
Saturday January 27th : “Valentines Day” Paint Day
Friday February 2nd : Adult Paint Night
Sunday February 11th : Superbowl Party & Live Stream

Page 168

Field Operations Manager Report

Date Submitted: 11/22\2023	Submitted by: Jorge Rodriguez

Completed Tasks
The tiles and grout inside the clubhouse have been cleaned.
The lounges chairs and chairs at the pool deck have been pressure washed.
Touchup paint throughout the entire clubhouse interior has been completed.
The pool deck has been completely pressure washed.
The aged life rings placed around the pool deck have been replaced.
East and west pavilions have been pressure washed.
All A/C unit’s drain lines have been cleaned and treated.
All A/C unit’s filters have been replaced.
All tennis courts screens have been reinstalled back on the fences after the recent storms.

Weekly Projects
All garbage cans outside the club house and Avenir drive sidewalks have been picked up every week.
All garbage cans inside the tennis courts and the pickleball courts have been picked up weekly.
All outside and inside lights fixtures have been inspected weekly.
6 Clay Tennis Courts have been raked and rolled three times every week.
All 8 hard floor Tennis Courts and pickleball courts have been blown daily to clean debris.
The entire Club House and playgrounds have been blown daily.
The spider webs around the Club House and the Playgrounds have been cleaned weekly.
The playgrounds equipment has been pressure washed weekly.
All pools, splash pad, spa, and fountains have been maintained daily.
All the equipment on both playgrounds have been tightened and adjusted.
All fans and pavilions have been cleaned weekly.
All the outside recessed lighting covers have been removed and cleaned, removing all bugs and webs.

Current and Ongoing Project
Touch up painting of the clubhouse exterior is set to begin early next week.
Pressure washing of all amenity sidewalks, pool deck, and curbing is ongoing.
The fire pit is currently down; Ignition parts are on order.
The annual flower rotation for the winter season is set to begin.

Page 169

From:	Rachel West
To:	rsalvatore@avenircdd.org; clubhouse@avenircdd.org
Cc:	Ghitza Serrano
Subject:	possible 2024 Election Day polling location at Avenir Clubhouse
Date:	Thursday, October 26, 2023 1:56:47 PM
Attachments:	image001.png

Good Afternoon, Mr. Salvatore:

I left you a voicemail yesterday, but I thought I would also try and reach you via email. The Supervisor of Elections Office is in the process of securing our polling locations for the upcoming 2024 Election Cycle. I am reaching out to you about the possibility of establishing a polling location for the 2024 Election Cycle at Avenir for the convenience of the growing numbers of voters in your area. I am hoping that there is a suitable space at the Avenir Clubhouse that could accommodate future elections. There are currently a total of 1,092 registered voters in precinct 5712 which includes Avenir. That number will undoubtedly continue to increase as new homes are built, and new residents move in, so we are hoping to establish an additional polling place to better accommodate your residents.

There are three scheduled election dates in 2024 as follows:

Presidential Preference Primary Election, Tuesday, March 19, 2024 Primary Election, Tuesday, August 20, 2024
General Election, Tuesday, November 5, 2024

The voting booths and equipment will be delivered sometime during the week prior to each Election Day. When we receive the delivery schedule from our colleagues at our Voting Equipment Center, we will reach out to let you know what day to expect them. The equipment and equipment cabinet are locked and can be stored in another area of the facility, it doesn’t have to be in the polling room the whole time if you have other events going on. As it gets closer to each scheduled election, we will have a better idea of how many poll workers will be assigned to each location, and we can advise what they will need as far as tables and chairs. The poll workers will visit on the Monday prior to each Election Day to set up tables and chairs and test the connectivity of the voting equipment within the polling room, so we would just ask if you had the equipment stored elsewhere, that it be moved into the polling room by the Monday before the poll workers visit to set up. The equipment and cabinet will be removed in the days that follow each election.

On Election Day, the polls are open from 7am until 7pm, with the poll workers arriving at 5:30am to finish setting up and prepare to greet voters when the polls open at 7am. If there are any voters in line by 7pm, they are allowed to complete the voting process. Once the last voter has left the polling room, the poll workers will break down the voting booths and equipment and box up the ballots, so, depending on how busy their day was, they should be ready to leave the facility by 8 or 8:30pm. On Election Day, polling locations become public domain, and any person requesting access to the polling place, whether poll workers, poll watchers, voters, or persons conducting allowable campaign activities outside of the 150 foot no solicitation zone outside of the polling place, must be allowed access. The first two scheduled election dates are not anticipated to be as busy as the third, so the first two give us an opportunity to see what works, and what might need to

be improved before the busier General Election in November.

Prior to the use of any polling location, our team will visit the location to take photos, draw diagrams, and complete our required ADA accessibility survey. It takes a little less than an hour to complete the assessment of any proposed polling room and parking area, but once someone shows us to the space, they would not have to stay the entire time while we take our measurements. We would schedule a visit that suits your schedule, preferably when the room is not in use so that our photos do not include members of the public.

Please let me know if you have any additional questions or concerns. I look forward to hearing from you soon, and I thank you in advance for your consideration of our request to establish a polling location in Avenir for future elections. Our office relies on the support of our community and our polling location contacts to successfully accommodate the voters of Palm Beach County.

Best regards,

Rachel West
Elections Specialist
Precinct and Polling Location Coordinator
Main Phone: (561) 656-6200
Direct Line: (561) 656-6237
SOE Cell: (772) 631-6309
Fax: (561) 656-6220
rachel@votepalmbeach.gov

PLEASE NOTE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076.