AVENIR COMMUNITY DEVELOPMENT
DISTRICT

CITY OF PALM BEACH GARDENS SPECIAL BOARD MEETING
FEBRUARY 29, 2024
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
February 29, 2024
12:30 p.m.

Call to Order
Proof of Publication
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
January 25, 2024 Regular Board Meeting
Old Business
New Business
Consider Approval of Seventh Supplement Engineer Report (Parcel A-18)
Consider Approval of Second Supplemental Methodology – Assessment Area Two
Consider Resolution 2024-01 – Declaring Special Assessments (A-18)
Consider Resolution 2024-02 – Setting Public Hearing on the Levy of Non Ad-Valorem Assessments
Consider Approval of H&J Lake Bank Not-to-Exceed Proposal
Consider Approval of Crown Castle Fiber Relocation Agreement (Northlake Phase 1)
Consent Agenda
Consider Ratification of FPL LED Lighting Agreement-WR 12818980 Spine Phase 6
Consider Ratification of FPL Facilities Phase 5 WR 1223665 & 12345908
Consider Ratification of FPL Underground Distribution WR 12253665 Spine Phase 5
Consider Ratification of FPL Underground Distribution WR 12819184
Consider Ratification of JW Cheatham Change Order No. 5 Northlake Blvd. Phase 2
Clubhouse
Clubhouse Management Update
Administrative Matters
Board Member Comments
Adjourn

PROOF OF PUBLICATION

LOCALiQ
The Gainesville Sun I The Ledger Daily Commercial I Ocala Stareanner News Chief I Herald-Tribune
News Herald I The Palm Beach Post
Northwest Florida Daily News

PO Box 631244 Cincinnati, OH 45263-1244

AVENIR COMMUNITY DEVELOPMENT DISTRICT

Laura Archer AvenirCDD

250 I Burns RD # A
Palm Beach Gardens FL 33410-5207

STATE OF WISCONSIN, COUNTY OF BROWN

Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Palm Beach Post, published in Palm Beach County, Florida; that the attached copy of advertisement, being a Govt Public Notices, was published on the publicly accessible website of Palm Beach County, Florida, or in a newspaper by print in the issues of, on:

02/19/2024

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

Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 02/19/2024

My commision expires
Publication Cost:	$194.67

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 February 29, 2024, 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 busi­ ness 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: (561l 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 at Florida law for community develop­ ment districts. The Special Board Meeting may be continued to a dote, 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 accom­ modations at this meeting because of o disability or physical impair­ ment shouId contact the District Office at (561l 630-4922 at least forty­ eight (48) hours prior to the meet­ ing. If you are hearing or speech impaired, please contact the Florida Relay Service at l-800-955-8770, for aid in contacting the District Office. Each person who decides to appeal any decision mode by the Board with respect to any matter consid­ ered at the Special Board Meeting is advised that person will need o record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is mode, 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.ovenircdd.org
9846899 2/19/24

Order No:	9846899

# of Copies:

Customer No: PO#:

1348509	1
2-29-24 PHN

THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance

KAITLYN FELTY	4
•	
Notary Public
State of Wisconsin	

Page 1 of 1

AVENIR COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
JANUARY 25, 2024

CALL TO ORDER

The January 25, 2024, 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 Post on October 13, 2023, as part of the District’s Fiscal Year 2023/2024 Meeting Schedule, as legally required.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance: Vice Chairman Roberto Horowitz and Supervisors Daniel Lopez and Rosa Schechter 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 Rep Tanya McConnell; and Clubhouse Reps Rick Salvatore and Patrice Chiaramonte.

ADDITIONS OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA
There were no comments from the public for items not on the agenda.
APPROVAL OF MINUTES
1. November 30, 2023, Special Board Meeting
The minutes of the November 23, 2023, Special Board Meeting were presented for consideration.

A motion was made by Mr. Lopez, seconded by Ms. Schechter and passed unanimously approving the minutes of the November 20, 2023, Special Board Meeting, as presented.

OLD BUSINESS

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

NEW BUSINESS

Page 1 of 4

Consider Fifth Amendment to Fifth Supplemental Report (Assessment Area Two)

Mr. Pawelczyk explained that this report was for Tract O-17. The tract should have been conveyed to the HOA, not the District. This report acknowledges that the tract is going back to the HOA, and that Avenir Development has conveyed other property to the District at no cost. The report concludes that the District is gaining more property than it paid for.

A motion was made by Ms. Schechter, seconded by Mr. Lopez and passed unanimously approving the Fifth Amendment to the Fifth Supplemental Report (Assessment Area Two), as presented.

Consider Avenir Spine 5 Agreement (SPF Underground)

Mr. Ballbe explained that this work was done for FPL in the amount of $285,000.

A motion was made by Ms. Schechter, seconded by Mr. Lopes and passed unanimously approving the Avenir Spine 5 Agreement (SPF Underground), as presented.

Consider Panther National Entry Feature Agreement (Stofft)

Mr. Ballbe explained that this work was required to construct the Panther National entry feature, noting that it was the same architect who designed the other entries.

A motion was made by Mr. Lopez, seconded by Ms. Schechter and passed unanimously approving the Panther National Entry Feature Agreement (Stofft), as presented.

CHANGE ORDERS
Consider Ratification of JW Cheatham Northlake Phase 2 – Change Order No. 4

Ms. McConnell explained that Change Order No. 4 extended the timeline and finalizes changes completed during the contract thus far in the amount of $79,735.

A motion was made by Ms. Schechter, seconded by Mr. Lopez and passed unanimously ratifying the JW Cheathan Changer Order No. 4 in the amount of $79,735 for Northlake Phase 2.
Consider Northlake Boulevard Phase One Change Order #1 (JW Cheatham)
Ms. McConnell explained that Change Order No. 1 extended the timeline by 35 days and was for work done to the Coconut Boulevard intersection in the amount of $254,703,

A motion was made by Mr. Lopez, seconded by Ms. Schechter and passed unanimously approving Change Order #1 from JW Cheathan in the amount of $254,703 for the Coconut Boulevard intersection.

Consider Phase Two Earthwork Contract – CO#17 Revisions

Mr. Ballbe explained that Change Order No. 17 was previously approved. However, this revision will ratify the change order for a lower amount.

A motion was made by Mr. Lopez, seconded by Ms. Schechter and passed unanimously ratifying CO #17 for the Phase Two Earthwork Contract, as presented.

Page 2 of 4

CONSENT AGENDA
Consider Ratification of Proposal for Geotechnical Exploration for Pod 18

Mr. Ballbe explained that SFWMD asked the District to do exploration work on what is in the District- owned lake banks.

Consider Ratification of Tract O-17 Deed

A motion was made by Mr. Lopez, seconded by Ms. Schechter and unanimously passed approving Consent Agenda items 1 and 2.

CLUBHOUSE
Clubhouse Management Update

Mr. Salvatore provided proposals from Arazoza for landscape replacements, which would replace the landscaping that is not thriving with items that have proven to do well. A brief discussion ensued regarding the possibility of changing landscape maintenance providers.

A motion was made by Mr. Lopez, seconded by Ms. Schechter and unanimously passed approving Arazoza’s proposal to replace landscaping at the clubhouse in the amounts of $7,732 and $5,445.

Mr. Salvatore noted that the proposal from Supervisor Fence and Rail to install the tennis and pickle ball area fence and gate was $4,104.

A motion was made by Mr. Lopez, seconded by Ms. Schechter and unanimously passed approving Supervisor Fence and Rail’s proposal and authorizing staff to move forward with the project.

Ms. Chiaramonte provided an update on recent social events at the clubhouse, noting that the next big event would be the “Hop into Spring” event. It was suggested that a golf cart decorating competition be made part of the event.

Mr. Salvatore explained that he was approached by a resident who runs restaurants asking if the District would be interested in allowing him to open a restaurant at the clubhouse. Discussion ensued, with the Board noting that there was currently no furniture. It was suggested that a poolside service be explored, noting that it could not be made available to the general public, but rather, only to clubhouse patrons. The Board consensus was to entertain the idea, provided it could be done within the District’s parameters.

ADMINISTRATIVE MATTERS

Mr. Pierman noted that the next meeting would be held in February

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. Schechter, seconded by Mr. Horowitz and passed unanimously adjourning the Regular Board Meeting at 1:03 p.m.

Page 3 of 4

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

Page 4 of 4

Standard Hourly T&M Rates as of September 2022
(Equipment Rates are Hourly & Include Operator)

Description	Price	Description 	Price	
Backhoes		Mixers		
Backhoe (CAT 308)	$150.00	Mixer (Bomag MPH100)	$330.00	
Backhoe (CAT 324) Long Reach	$450.00	Mixer (CAT 250)	$460.00	
Backhoe (CAT 328)	$250.00			
Backhoe CAT (330) with Grappler	$350.00			
Backhoe CAT (336)	$280.00			
Backhoe (CAT 349)	$390.00	Pumps		
Backhoe (CAT 374)	$620.00	Trash Pump 3" Per Day	$210.00	
		Larger Pumps - Prices upon Request		
		Vibratory Roller(CAT 423)	$130.00	
Bulldozers		Vibratory Roller (CAT CS 533 / 563)	$160.00	
Bulldozer (CAT D5K)	$180.00	Steel-Wheeled Roller (3) (Ingram)	$140.00	
Bulldozer (CAT D6K)	$230.00	Asphalt Roller (CAT CB 434)	$130.00	
Bulldozer (CAT D6N)	$280.00	Asphalt Roller (CAT CB 334)	$110.00	
Bulldozer (CAT D6T)	$330.00	Asphalt Roller 9-Wheel Traffic Roller	$150.00	
Bulldozer (CAT DST)	$370.00	Asphalt Roller (CAT CB534)	$200.00	
		Tractors		
Graders		Tractor Boxblade (Ford 3930 or eqv.)	$70.00	
Grader (CAT 12H)	$240.00	Tractor w/ Mower I Bushog	$80.00	
Grader (CAT 12M) w/GPS	$280.00	Tractor (John Deere 9420)	$220.00	
		Tractor (John Deere 9420) with Disk	$260.00	
Loaders				
Loader (420 Combination)	$130.00			
Loader (CAT 928)	$150.00	Trucks		
Loader (CAT 938)	$180.00	Truck CAT 740 (Off Road 40 Ton Dump)	$450.00	
Loader (CAT 950)	$220.00	Truck CAT 730 (Off Road 30 Ton Dump)	$350.00	
Loader (CAT 980)	$330.00	Truck (Highway Tri-Axle Dump)	$120.00	
		Truck (Off Road Water Tanker)	$180.00	
Labor		Truck (On-Road Water Tanker)	$200.00	
Superintendent per Hour	$130.00	Truck (Prime/ Tack) & Plus Material	$150.00	
Foreman per Hour	$110.00			
Operator per Hour (if separate)	$90.00	Lowboy Transport per Trip	$1,430.00	
Pipelayer per Hour	$80.00			
Laborer per Hour	$60.00			
Mechanic per Hour	$140.00			
Miscellaneous Equipment				
Asphalt Paver (CAT AP 800)	$360.00			
Crusher	$690.00			
GPS Equipment for Grading Equipment	Price on Request			
Morbark Grinder (1300)	$460.00			
Morbark Grinder (6600)	$620.00			
Powerscreen (1800)	$650.00			
Skid Steer (Cat 248)	$110.00			
Skid Steer (Cat 256/262)	$130.00			
Skid Steer (Cat 289)	$140.00			
Street Broom (LayMor)	$100.00			
Trencher (DitchWitch Tractor)	$110.00			
Wacker Plate Tamper per Day (1550)	$110.00			
Wacker Plate Tamper per Day (3545)	$170.00			
Wacker Plate Tamper per Day (6055)	$300.00			

FIBER RELOCATION AGREEMENT
THIS FIBER RELOCATION AGREEMENT (this “Agreement”) is made effective as of the date of the last signature below (the “Effective Date”), by and between Crown Castle Fiber LLC, a New York limited liability company (“Crown”), and Avenir Community Development District, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes having an address of 2501A Burns Road, Palm Beach Gardens, Florida 33410 (“Company”).

BACKGROUND:

Company owns or controls certain real property that Company desires to develop. However, certain fiber, wires, cables, underground conduit, above-ground enclosures, markers, concrete pads, and other appurtenant fixtures and equipment owned or controlled by Crown (“Property”) is in the way of Company’s desired development. Company seeks to have Crown relocate Crown’s Property to accommodate such development, and Crown is willing to relocate such Property, provided that: (a) Company pays the cost of relocation, and (b) Company grants Crown an easement to locate Crown’s Property on the developed property, all as more particularly provided below.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and intending to be legally bound hereby, the parties agree as follows:
Scope of Work. The Scope of Work outlined in Exhibit A describes work to be performed pursuant to this Agreement (“Project”), specifying detail including the location, scope of work, schedule, pricing, and any other pertinent information required for the Project. This Agreement, together with Exhibit A, purchase orders, attachments, exhibits, drawings, specifications, instructions, issued and agreed to hereunder shall be hereinafter referred to collectively as the “Contract Documents.” The work which Crown is engaged by Company to perform pursuant to the Contract Documents is hereinafter referred to as the “Work.” The Work may be performed by a Crown affiliate.

Pricing, Payment, and Liens.
The method of determining the amount to be paid by Company to Crown for performing the Work for the Project shall be set forth in Exhibit A.

Company shall review invoices sent by Crown and notify Crown of any dispute of any of the charges set forth in the invoice within fifteen (15) business days of receipt. Company shall pay the undisputed portion of such invoices within thirty-five (35) days of receipt. Crown will impose a late charge of one percent per month on all amounts not paid by the deadlines set forth herein. In cases where Work is to be performed by Crown on a time and materials basis, Company shall be entitled to receive appropriate supporting documentation (i.e., receipts) for materials which the Contract Documents provide are to be charged to Company (except per diem, if any), and Company may withhold payment on such specific items where such documentation is lacking until such documentation is provided. No interest shall accrue on the unpaid amount of any such undocumented items unless and until the appropriate documentation is provided and the applicable payment period shall have expired. The existence of a dispute as to any specific item shall not affect Company’s obligation to pay for all undisputed items.

Company shall not make, file or maintain a mechanic’s or other lien or claim of any kind or character whatsoever against any fiber, tower, small cell site, building, site, or other structure to which the Work relates, the additions, improvements, alterations, or repairs made thereon, the ground on which said fiber, tower, small cell site, building or other structure is situated, or any other property or property interest owned, held, occupied or otherwise possessed by Crown or its affiliates for or on account of any labor, materials, fixtures, tools, machinery, equipment or any other things furnished, or any other work done or performance given under,

arising out of, or in any manner connected with the Work, or any agreement supplemental thereto.
Performance Standards and Warranties. Crown will perform the Work required pursuant to the Contract Documents by making use of its skill and experience and with due consideration to standards of care generally accepted in the communications contracting industry. Crown will not be responsible for defects or incorrect relocation caused in whole or in part by Company’s acts, omissions, negligence or misconduct or the acts, omissions, negligence or misconduct of Company’s customers or any other third party. NO OTHER WARRANTY OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESSED OR IMPLIED (INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY) SHALL BE APPLICABLE TO THE WORK PROVIDED BY CROWN PURSUANT TO THIS AGREEMENT.

Limitation of Liability. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL CROWN BE LIABLE TO COMPANY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF.

Applicable Law; Venue. Unless as otherwise required by law, this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, without regard to conflicts of law principles. All suits, actions or other proceedings brought by either party arising out of or relating to this Agreement shall be brought only in the 15th Judicial Circuit in and for Palm Beach County, Florida or the United States District Court for the Southern District of Florida .
Disputes. If for any reason Company and Crown are unable to resolve a dispute, the party initiating the dispute shall notify the other party in writing that a dispute exists. Such notification shall provide sufficient details of the dispute so as to allow the other party to respond to the notification. The party receiving the notification shall respond with sufficient details of its position within fifteen (15) business days.

If the parties are then unable to settle the dispute, the dispute will be referred to senior executives of the parties who shall have designated authority to settle the dispute. The parties shall promptly prepare and exchange memoranda stating the issues in dispute and their respective positions, summarizing the negotiations that have taken place and attaching relevant documents. The senior executives will meet for negotiations at a mutually agreed time and place or via phone. If the matter has not been resolved within thirty (30) calendar days of the commencement of such negotiations, the parties agree to consider resolution of the dispute pursuant to Section 6.

Indemnification. To the extent permitted by Florida law, Company shall indemnify, defend and hold harmless Crown, its affiliates, its employees, officers, directors, agents, successors, assigns, and landlords from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, reasonable attorneys’ fees, costs, expenses and losses which result or arise from: 1) injuries to or death of any persons or damage to property, including theft, in any way arising out of or caused by the Work performed; 2) any failure of Company to perform its obligations under this Agreement, or breach by Company of any representation, warranty, covenant or agreement contained in the Agreement; 3) any release of hazardous substances, pollutants or contaminants caused in the performance of the Work; 4) any violation of any law, regulation, rule, standard, or other governmental requirement by Company; and 5) any actual or alleged infringement or misappropriation of any patent, trademark, copyright, trade secret or any actual or alleged violation of any other intellectual property or proprietary rights arising from or in connection with the products or materials provided or the Work performed under the Agreement or their use.

Insurance.
At its expense, Crown shall obtain and maintain in effect at all times during the performance of Work insurance coverage with limits not less than those set forth below:

Workers’ Compensation insurance as required by any applicable law or regulation.
Primary comprehensive general liability insurance, including contractor’s protective (contingent), contractual and completed operations, with a combined single limit of One Million Dollars ($1,000,000) for bodily injury and property damage claims arising out of any one incident.

Primary comprehensive automobile liability insurance with a combined single limit of One Million Dollars ($1,000,000) for bodily injury and property damage claims arising out of any one incident.

Umbrella liability insurance with a combined single limit of Five Million Dollars ($5,000,000) in excess of the foregoing coverages indicated above for all insured claims arising out of any one incident.
Crown shall deliver to Company, upon request by Company, certificates of insurance evidencing the above-described coverage. Such certificates shall be issued in forms reasonably acceptable to Company and shall provide that not less than thirty (30) calendar days advance written notice will be given to Company prior to cancellation, termination or material alteration of such policies. Except with respect to workers’ compensation coverage, all policies of insurance required pursuant to this Agreement shall name Company as an additional insured, but only with respect to liability arising out of Work to be performed pursuant to this Agreement.

Subcontracts. Crown may subcontract or delegate any or all of the Work.
Confidentiality.

Each party shall hold Confidential Information received from the other party with the same degree of care as it would its own confidential information, but with no less than reasonable commercial care, and shall use such information only for the purpose for which it is disclosed and in accordance with this Agreement. The receiving party shall not disclose Confidential Information to any third party without the prior written approval of the disclosing party, except that Crown may disclose Confidential Information to its agents, employees, officers, attorneys, and contractors to the extent they need to know the Confidential Information under this Agreement. The receiving party shall only use the Confidential Information of the disclosing party for the purpose of this Agreement. No ownership right in Confidential Information is transferred in any manner pursuant to this Agreement. “Confidential Information” means information, including, but not limited to, information regarding: (i) the disclosing party’s assets, liabilities, operations, financial conditions, employees, suppliers, plans, prospects, management, investors, products, strategies and techniques; (ii) the disclosing party’s products system designs, system planning or technical data; (iii) the identity and confidential information of the receiving party’s suppliers, landlords, and customers; and
(iv) trade secrets.

The confidentiality restrictions of this Agreement shall not apply to any information: (i) lawfully received from another source free of restriction and without breach of this Agreement; (ii) that becomes generally available to the public without breach of this Agreement; (iii) known to the receiving party at the time of disclosure; (iv) independently developed by the receiving party without reference or resort to the Confidential Information;

(v) disclosed pursuant to written consent of the disclosing party; or (vi) if legally permitted, is required by legal process or court order to be disclosed by the receiving party, provided that the receiving party provides the disclosing party prompt written notice of such requirement prior to such disclosure.

The obligation to protect the confidentiality of Confidential Information shall survive the expiration, termination or assignment of this Agreement. Notwithstanding, the parties acknowledge that Florida’s Public Records Law (Chapter 119, Florida Statutes), and related provisions of Florida law, govern the disclosure of records.

Release of Information.

Neither party shall publicly advertise or publish information concerning the entry into, execution of, terms or delivery of this Agreement, including, but not limited to the nature of this Agreement, its terms or conditions, or the terms and conditions of a Contract Document issued hereunder, without the prior written consent of the other party, unless necessary to perform the Work. Crown understands and agrees that this Agreement will be included on an a meeting agenda and as part of an agenda package presented to the Board of Supervisors of Company for consideration at a public meeting as required by Florida law, that the agenda and agenda package will be posted on the Company’s website as required by Florida law, and that such Agreement is a public record subject to disclosure pursuant to Chapter 199, Florida Statutes (Florida’s Public Records Law).

Neither party shall use the name or trademark of the other, or any of their respective parent companies, subsidiaries, affiliates or partners with respect to any advertising, promotion, publicity or representation that either party may make in connection with the party’s business, services and/or product lines, as applicable, without the prior written consent of the other party.

Delays. The parties acknowledge that they expect to agree upon a schedule for the completion of the Work in connection with each Project undertaken. Crown will use reasonable efforts to complete the Work in accordance with the applicable schedule. In any event, Crown will not be responsible for delays that occur for reasons outside its reasonable control, as provided in Section 14. of this Agreement.
Force Majeure. Crown shall not be liable for delay or interruption in the performance of Work, or for inability to perform the Work, due to acts of God, flood, fire, lightning, earthquake, epidemic, quarantine restriction, war, sabotage, acts of a public enemy, insurrection, riot, civil disturbance, accidents or disruptions such as fire, explosion or major equipment breakdown, failures or delay beyond Crown’s reasonable control in securing necessary materials, equipment, services or facilities, strikes, slowdowns, jurisdictional disputes or other labor difficulties, restraint by court order or public authority, any act, delay or failure to act by any governmental authority, including delay or failure to obtain authorizations or approvals from any governmental authority, any delay caused by Company or any party acting under the direction of Company or on its behalf, or any other cause beyond Crown’s reasonable control. Upon receipt of a notice from Crown requesting appropriate action, Company and Crown will negotiate mutually acceptable changes to the Contract Documents which effect equitable adjustments in prices, schedules and any other affected provision of the Contract Documents resulting from the occurrence of any such event.

Changes. Company will cooperate with Crown as required to permit Crown to perform the Work in a timely and cost-effective manner, and, in connection therewith, Company will keep Crown apprised generally of Company’s plans, goals and prospects for the Project. By written agreement between the Company and Crown, Company may request changes to the Work or any portion thereof which has been contracted. If any such change causes an increase in the cost of Crown’ performance or the time for performance, Crown shall not be required to implement any such change unless and until Crown is given

an equitable adjustment in the price and performance schedule. If in the course of its performance of the Work, Crown discovers a specific Project-related situation which will cause an unforeseen delay or necessitate the incurring by Crown of unanticipated extra costs, Crown will be compensated for such unanticipated extra costs. If any dispute arises over any change order, Crown may continue with the performance of the Work as it was originally described without giving effect to such change and will be entitled to compensation therefor as originally provided in the Contract Documents.

Termination. Either party may terminate this Agreement by reason of the default of the other party; provided, however, that the party seeking to terminate this Agreement shall first give the other party written notice of the claimed default and its intention to terminate this Agreement by virtue of such default and thirty (30) days within which to cure such default; provided, however, that if such default is of such a nature that it cannot reasonably be cured within such thirty (30) day period, then the defaulting party shall not be deemed to be in default, so long as it commences promptly within such thirty (30) day period such action as shall reasonably be necessary to cure such default and in good faith diligently pursues such cure to conclusion. If the claimed default is not cured within such thirty (30) day period (or such longer period as provided in the preceding sentence), then the non-defaulting party may, upon written notice, terminate this Agreement. In the event of a default by Company, Company shall pay Crown the full amount owed under this Agreement.

Independent Contractor. Crown’s relationship to Company under this Agreement is that of independent contractor. Neither Crown nor any of its employees, subcontractors or consultants shall be designated as employees, agents, joint venturers or partners of Company.
Notices.
Any notice delivered under this Agreement shall be in writing and shall be delivered by certified mail or recognized overnight courier service addressed to the parties at the addresses set forth below or to such other address as a party may subsequently designate in a written notice delivered pursuant to this provision:

If to Company:	If to Crown:
Avenir Community Development District	Crown Castle Fiber LLC 2501A Burns Road	2000 Corporate Drive
Palm Beach Gardens, Florida 33410		Canonsburg, PA 15317 Attention: District Manager	Attention: Network
Copy to: Crown Castle Fiber LLC 1500 Corporate Drive
Canonsburg, PA 15317 Attn: Legal - Infrastructure

Any notice given by Certified U.S. Mail or courier delivery service shall be effective on the earliest of: i) the expiration of five (5) business days after the day it is mailed; or (ii) the date of receipt as evidenced by the U.S. Postal Service’s domestic return receipt or courier delivery service receipt.

Term of Agreement. The term of this Agreement shall commence on the Effective Date. Unless terminated sooner in accordance with Section 16, the term of the Agreement shall be the longer of: (i) six
(6) months; or (ii) the completion of the Work.

Entire Agreement. This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications, understandings or agreements between the parties with respect to such subject matter.  In no event shall preprinted terms or conditions found on any

purchase order, work order, or similar document issued by Company be considered part of, or an amendment or modification to, this Agreement.
Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, for any reason, then, to the fullest extent permitted by law all other provisions hereof will remain in full force and effect in such jurisdiction and will be liberally construed in order to carry out the intent of the parties hereto as nearly as may be possible, and such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of any other provision hereof. Any court or arbitrator having jurisdiction over this Agreement shall have the power to reform such provision to the extent necessary for such provision to be enforceable under applicable law.

Amendments. No amendment, waiver or discharge of any provision of this Agreement will be effective unless made in a writing that specifically identifies this Agreement and the provision intended to be amended, waived or discharged and is signed by Crown and Company. Each such amendment, waiver or discharge will be effective only in the specific instance and for the purpose for which it is given.

Assignments. Company may not assign this Agreement without the prior written agreement of Crown. Crown may assign this Agreement to its parent or any subsidiary, affiliate, or successor without the written consent of Company.
Sovereign Immunity. Nothing herein shall constitute or be construed as a waiver by Company of the privileges, immunities, and limitations of liability afforded the Company pursuant to the doctrine of sovereign immunity or Section 768.28, Florida Statutes.

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

Keep and maintain public records required by the Company to perform the services or work set forth in this Agreement; and
Upon the request of the Company’s custodian of public records, provide the Company with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and
Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Crown does not transfer the records to the Company; and

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

Crown acknowledges that any requests to inspect or copy public records relating to this Agreement must be made directly to the Company pursuant to Section 119.0701(3), Florida Statutes. If notified by the Company of a public records request for records not in the possession of the Company but

in possession of Crown, Crown shall provide such records to the Company or allow the records to be inspected or copied within a reasonable time. Crown acknowledges that should Crown fail to provide the public records to the Company within a reasonable time, Crown may be subject to penalties pursuant to Section 119.10, Florida Statutes.

IF CROWN HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CROWN’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, CROWN MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE COMPANY AT:
SPECIAL DISTRICT SERVICES, INC. 2501A BURNS ROAD
PALM BEACH GARDENS, FLORIDA 33410 TELEPHONE: 561-630-4922
EMAIL: BBARBA@SDSINC.ORG

Survival. Any provision contained within the Agreement which by its very nature is intended to survive termination of the Agreement shall survive such termination.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written.

Crown Castle Fiber LLC

Signature: 	

Name:		

Title:		

Date:		

Company:

Avenir Community Development District

Signature: 	
Virginia Cepero, Chair
 Board of Supervisors	

Date

Exhibit A

Location of Fiber Relocation

Scope of Work

Schedule

Pricing

Date of Request: 1-29-24

Location Northlake Blvd Phase 1 with Avenir

Scope of work: At the request of the Company, Crown Castle will relocate the existing Underground fiber along Northlake Blvd from east of Avenir to 8000 feet west of there for road widening
Crown Castle will complete the following tasks:
Create construction drawings to plan and execute the requested work.
Complete the construction of the requested relocation
Update (CADD) Crown Castle existing as-built drawings to show new facilities

Relocation Charges:
Engineering	$	8161.00
Materials	$	136562.00
Construction/MOT	$	221644.00
Total:	$	366367.00

Special Requirements or Notes:

Please note that NO WORK can commence until an executed copy of this contract is signed by the Customer and payment is provided to Crown Castle.
Full payment must then be made to Crown Castle before any Engineering and Construction is performed.

	Anticipated Completion Date: After receipt of signed contract and payment, Crown Castle will schedule the work with a target completion date of 45 calendar days after all permit and customer circuit releases are approved.

Please make checks payable to Crown Castle Fiber and mail to:

J.P. Morgan Bank
P.O. Box 28730
New York, NY 10087-8730
Reference: Customer WO49931

9) Wire Crown Castle payments to:

Wire / ACH Information: JP Morgan Chase Bank Crown Castle Fiber LLC Acct #: 198710895
ABA #: 021000021 WO49931

Area of Proposed Work Attachment 1

2

fj
FPL

FPL Account Number: 99630.00550

FPL Worn Request Number. 12818980

LED LIGHTING AGREEMENT

In accordance with the following terms and condltions. Avenir Community Development D1strict		(hereinafter called the Customer), requests on this day of February. 2024. from FLORIDA POVVER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and ex1sting under the laws of the State of Florida, the following installation or modification of lighting facilities at (general boundaries) Avenir Spine Rd (Phase 6l	. located in  Palm Beach Gardens	, Flor1da.

Installation and/or removal of FPL-OWned facilities described as follows:

Fixture Description 11)	
Watts	
Lumens	Color Temperature	#
Installed	#
Removed	
LED, Mesa Fixture	150	14911	4000K	21	0	
LED, Mesa Fixture	75	7456	4000K	17	0	

						

						

						

						

						

						
Catalog of avallable fixtures and the assigned billing Her for each can be v1evved at www.fpl.com/led

Pole Description	#
Installed	#
Removed	
Black Tapered Concrete Pole 21'(15.6" MH)	21	0	
Black Tapered Concrete Pole 14'6'(10" MH)	17	0	

			

			

(h) Installation and/or removal of FPL-owned additional lighting facilities where a cost esllmate for these faciltties w111 be detennlned based on the job scope, and the Additional Lighting Charges ractor appRed to detennine the monthly rate.
(c)  Modification to existing facilities otner than described above or additional notes (explain fully): Install 21 x 150Wall 4K Mesa LED

fixtures on 21' (1S.6" MHl Tapered concrete poles, and 17 x 75Walt 4K Mesa LED fixtures on 14'.6'" (10' MH) Tapered concrete

poles Customer installing reaufred conduit and hand-holes.

2

That, for and in consideration of the covenants set forth herein, lhe parties her to covenant and agree as follows;

FPL AGREES:

To nstail or modify the lighting facillties described and identified above (hereinafter called the Lighting System), furnish to the Customer theelectnc energy necessary for the operation of the Lighting System, and furnish such other services as are specified in this Agreement.all in accordance with the terms of FPL's CtJrrently effective lighting rate schedule on file at the Florida Public Service Commission (FPSC)or any successive lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
To pay a monthly fee for fixtures and poles in accordance to the Lighting tariff, and additional lighting charge in the amount of $359.94 These charges may be adjusted subject to review and approval by the FPSC.

	To pay Contribution In Aid of Construction (CIAC) in the amount of S0.00 prior lo FPL's initiating the requested installation or modification.
To pay the monthly maintenance and energy charges in accordance to tl'le Lighting tariff. These charges may be adjusted sub)ect to reviewand approval by the FPSC.
To purchase from FPL all the electric energy useo for the operation of the Lighting System.

To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effect111e lighting rate schedule on file at the FPSC or any successive lighting rate schedule approved by the FPSC. for facilities and service provided In accordance with this agreement.

	To provide access, suitable construction drawings showing the location of existing and proposed structures. and appropriate plats necessaryfor planning the design and complelin,gihe construction of FPL facilities associated with the Lighting System.
To have sole responsibility to ensure lighting, poles. luminalres and fixtures are In compliance with any applicable municipal or county ordinances governing the size, wattage, lumens or general aesthetics.
For new FPL-owned lighting systems, to prov1de final grading to specifications, perform any clearing If needed, compacting, removal ofstumps or other obstructions that conmct with construction, identification of all non-FPL underground facllltles withln or near pole or trenchlocaUons, drainage of rights-of-way or good and sufficient easements required by FPL to accommodate the lighting facilities,
For FPL-owned fixtures on customer-owned systems:
To perform repairs or correct code Violations on their existing llghtlng infrastructure. Notification to FPL ts required once site Is ready.
To repair or replace their electrical infrastructure in order to provide service to tl"le Ughting System for dally operations or in a catastrophic event.
In the event the light is not operating correctly. Customer agrees lo check voltage at tile service point feeding the lighting circuit prior to submitting the request for FPL to repair the flllture

IT IS MUTUALLY AGREED THAT:

Modifications to the facilities provided by FPL under this agreement. other than for maintenance, may only be made through the execution of an additional lighting agreement delineating the modificafions to be accomplished. Modification of FPL lighting facilities isdellned as the following:
the addition of llghtrng facilities:
the removal of ligt"lling facilities; and
the removal of lighting facilities and the replacement or such facllltles with new facilities and/or additional facilities.

Modifications will be subject to the costs identified In FPL's currenUy effective lighting rate schedule on file at the FPSC. or any successiVe schedule approved by the FPSC.

FPL will, at the reouest of the Customer, relocate the llghlfng facilities covered by this agreement, If provided sufficient rightsc.of-way or easements to do so and locations requested are consistent With clear zone right-of-way setback requirements. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation of FPL lighting facillties. Payrnentshall be made by the Customerln advance ot any relocation,
lighting facilities will only be Installed in locations that meet all applicable clear zone right-of-way setback requirements.

	FPL may, at any time, substitute for any fixture installed hereunder another equivalent fixture which shall be of similar illuminating capacity and efficiency.

3

This Agreement shall be for a term of ten (10) years from the date of fniliaf1on of service, and, except as provided below, shall extend thereafter ror further successive periods of five (5) years from the expiration o the Initial ten (10) year rerm or rrom the expiration of any ex1ension thereof, The date or initiation of service shall be defined as the date the first lights are energized and bitting begins, not the date of this Agreement. This Agreement shall be extended automaUcally beyond the initial ten (10) year term or any extension lhereor, unless either party shall have given written notice to the other of its desire to terminate this Agreement The written notice shall be by certified mail and shall be given not less than ninety (90) days before the expiration of the init al ten (10) year term, or any extension thereof.
In lhe event lighting facilities covered by this agreement are remO\/ed, either at the requesr of the Customer or through termination orbreach of this Agreement. the Customer shall be responsible for paying to FPL an amount equal to the original installed cost or thefaoillties provided by FPL under this agreement ,less any salvage value and any depreciation (based on current depreciation ratesapproved by th.e FPSC) plus removal cost
Should the Customer fail to pay any bills due and rendered pursuant to th1s agreement or otherwise fall to perform the obligations contained in this Agreement, said obligations being material and going to the essence or this Agreement. FPL may cease to supplyelectric erergy or service untll lhe Customer has paid the bills due and rendered or has fully cured such other breacti of this Agreement. Any failure of FPL to exercise its rights hereunder shall not be a waiver of its rights. tl 1s understood. however, that suchdiscontinuance of the supplying of eled.ric energy or service shall not constitute a breach of this Agreement by FPL. nor shall ii relieve the Customer ofthe obligation to perform any of the terms and condltions of this Agreement
	The obligation to fllmish or purchase service shall be excused at any lime that either party s prevented from complying wilh this Agreement by strikes, lockOU1s. fires, nots, acts of Goel. the public enemy, or by cause or causes not under the control of the party thus prevenled from compliance, and FPL shall not have the obligation to furnish service if It is prevented from complying with this Agreementby reason of any partial, temporary or entire shut-down of service which, In the sole oplnlon of FPL. is reasonably necessary for the purpose of repairing or making more efficient all or any part of Its generating or other electrical equipment.

This Agreement supersedes all previous Agreements or representations, either written. oral, or otherwise between the Customer andFPL, w1th respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any nghts or provide any remedies lo third parties or create any additfonal duty. obligation or undertakings by FPL to third parties.
In the event of the sale of the real property upon which the facilllies are installed. upon the written consent of FPL. this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Cusiomer from its obligations hereunder until such obl(gations have been assumed l>y IJleasslgnee and agreed to by FPL.
This Agreement shall inure to lhe benefit of and be binding upon the successors and assigns of the Customer ancl FPL

21_	The lighting facilities shall remain \tie property or FPL in perpetuity

22,  This Agreement is subject to FPL's Electric Tariff, indudlng, but not limlted to, the General Rules and Regulations for Electric Service andthe Rules of tt,e FPSC, as they are now written, or as they may be hereafter revised. amended or supplemented. In the event or any conflict between the terms of this Agreement ancl the provislons oJ the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules shall control. as they are now written, or as they may be hereafter revised, amended or supplemented.

IN WITNESS WHEREOF, ltie parties hereby caused this Agreement to be executed in triplicate by their duly authorized representativesto be effective as of the clay and year first written above.

Charges aod Terms Accepted:

Avenlr Community Development District
o type name of Organi ation)

lit!e:	t

(Print or type na e)

	 	 f e_	

bA

FLORIDA POWER & LIGHT COMPANY
Digitally 1lgned by Dii,go Febres

0 jegO Fe bre5

ON: cn=Dlego febre1, o=FPl,
ou=LED Lighting Solution,. cmall=dlego.febre<ttfpl.com, <=US
By:	 .Q=•t=e; 2=02 •.,..o.,.1..o.9...1..1.:.11=;5=9_,-o.,.s•""oo._'_
(Signature)

Diego Febres
(Print or type name)

Title: FPL Sr. Representative, LED Lighting Solutions

4

NOTIFICATION OF FPL FACILITIES

Customer/Agency Avenir Community Development District Developer/Contractor Name  
LocaUon of Project Avenlr - phase 5 FPL Representative Stacey Llebla
Developer/Contractor Representative  

Date of Meeling/Con(act: 6115/2023
Project Number/Name:Panther National to Northlake C!ly: Palm Beaci1 Gardens
Phone:561-906-2030
FPL Work Requesl#/Work Order#: 12253665 & 12345908 sl It

FPL calls your allenlion lo the!acl lhat there may be energi ed. high voltage electric lines, both overhead and underground, localed in the area of this project. IIIs lmperalive that you visually survey the area and lhal you also take the necessary steps to identify all overhead and underground facilities prior lo commencing construcllon to determine whether the construclion of any proposed imJ)t'ovements will bring any person, tool, machinery, equipment or object closer lo FPL's power lines than lhe OSHA--psescrlbed ilmils. If 11 will, you must either re-design your project to allow ll to be buill safely given the pre-existing power line location, or make arrangements with FPL to either deenergize and ground our lacilitles, or relocate them,possibly at your expense. You must do this before allowing any construcUon near the power llnes. II Is Impossible for FPL to know or predict whether or not the contractors or subconlractors, and their employees, will operate or use cranes, digging apparatus or olher mobile equipment, or handle malerials or lools, in dangerous proximity to such power lines during the 00\Jrse of construction, and, if so, when and where. Therefore,If ii becomes necessary for any contractor or subcontraolor, or their employees, lo operate or handle cranes, digging apparatus, d1agllnes, mobile equipment. or any other equipment, tools or materials in such a manner lhat they might come closer to underground or overhead power lines than Is permllled by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior lo the commencement thereof and make all necessary arrangemenls with FPL in order to carry out the work Ina safe manner. Any work In the vicinity of the electric lines should be suspended untll1hese arrangements are finalized and Implemented,
The National Electrical Safety Code ('NESC') prescribes minimum clearances that must be maintained. II you build your structure so that those olearances cannot be maintained, you may be required to compensale FPL for the relocation or our facilities lo comply with those clearances. As such, you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure thal your proposed Improvement does not impinge upon the NESC clearances.
It is your responsibilily and lhe responsibility of your contractors and subcontractors on lhls project to diligently fulfill lhe following obllgallons:
	Make absolutely certain that all p8fsons responsible for operating or handling cranes, diggingapparatus, dragllnes, mobile equipment or any equipment, toot, or malerlal capable of contacting a power line, are In oompllance withall applicable state and federal regulations, including but not limitedto U.S. Department of Labor OSHA Regulations, while performing their work.
	Make sure that all cranes, digging apparatus, draglines, mobile equipment. and all other equipment or materials capable of contacting a power llne have attached to them any warning signs required by U.S.Deparlmenl of Labor OSHA Regulations.
Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools,
malerials a.nd equipment away from power llnes per the following OSHA minimum approach distances (refer lo OSHA regulations for restr ctions):

•Power Line Voltages	"Personnel and Equipment	Cranes and Derricks	Travel under or near Power Lines (on construction sites, no toad)	
	(29 CFR 1910.333 and 1926.600)	(29 CFR 1926.1407, 1408)	(29 CFR 1928.000-Equfpment)  (I926.1411-Cranesand D1micks)	
0 • 750 volts	10 Feet	10 Feel	4 Feet	4 Feet	
751 - 50,000 volls	10 Feet	10 Feet	4 Feet	6 Feet	
69,000 volts	11 Feel	15 Feet	10 Feet	10 Feet	
115,000 volts	13 Feet	15 Feet	10 Feel	10Feel	
138,000 volts	13 Feet	15 Feet	10 Feet	10 Feet	
230,000 volts	16 Feet	20 Feel	10Feel	10 Feel	
500,000 volts	25 Feel	25 Feel	16 Feel	16 Feel	
'When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. "For personnel approachingInsulatedsecondary oonductors less than 750 volts, avoid conlact (Maintain 10 Feet tobare energl2ed cOlld\Jctors less than 750 volts).For
qualified peraonnel andInsulated aerial lilt equlpmenl meeting requirements of 29CFR 1910.333, distances may be reduced to those shown In 29 CFR 1910.333Table S-5.
4, All excavators are requiredto conlact lhe Sunshine Slate One Call of Florida, phone number 1-800-432-4770 or 81 j a minimum of two working days (excluding weekends) In advance of commencement or excavaUon to eosure facilities are located ace!lrately.
5. Conduct all locations and exca<1atlons in accordance with the Florida Statute 556 of lhe Underground Facilities Damage Prevention &.Safely Act and all local city and county ordinances that rnay apply,
6,  When an excavation Is to lake place wilhln a tolerance zone, an excavator shall use Increased caution to protect underground facilll!es, Theprotection requires hand digging, polholing, soft cflgging, vacuum methods, or simllar procedures to identifyunderground facilitles.

A copy of this nollficaUon must be provided by you to each contractor and subcontractor on this projecl, to be shared with their supervision and employees prior to commencing workon thisproject.

Date
Fotm 360 Rav. Ml9/12

FPL

WR# 12253665

UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT

This Agreement, made this 18 day of January, 2024 by and between AVENIR COMMUNITY DEVELOPMENT DISTRICT (hereinafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida (herefnafter called FPL).

WITNESSETH:

Whereas, the Customer has applied to FPL for underground distributJon facilities to be Installed on Customer's property known as Avenir - Phase 5 located ir, Palf'!1 Beach Gardens/Palm Beach.
(City/County)

That for and in consfderatlon of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows:

	The Customer shall pay FPL a Contribution In Aid of Construction of $570,092.55 (the total Contribution) to cover the differential cost between an underground and an overhead system. This is based on the currently effective tariff filed with the Florida Public SeNice Commission by FPL and is more particularly described on Exhibit A attached hereto.

That a credit of $96,658.46 shall be provided to the Customer for trenching, backfilling. installatlon of Company provtded conduit and other worl(, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be $473.434.09.
The contribution and credit are subject to adjustment when FPL's tariff ls revised by the Florida Public Service Commission and the Customer has requested FPL to delay FPL's scheduled dale of installation. Any additional costs caused by a Customer's change in the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overnead lines to underground or the relocation of any existing overhead· or underground facil1t1es to serve the property identified above.

	That the Contribution provides for 277/480 volt, three phase (120/240 volt, single phase for URD subdivisions) underground electrtcal service with facilities located on private property in easements as required by FPL The contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground service. secondary. and primary conductors are lo be of standard FPL design, in conduit, and with above-grade appurtenances.
That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff.

If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangements have been made with the Customer as specified by FPL

nt1e to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL.

That good and sufficient easements. including legal descriptions and survey work to produce such easements, and mortgage subordinatlons required by FPL for the lnstallatlon and maintenance of its electric distribution facilities must be granted or obtalned, and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customer's property, on which FPL will Install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to the recordaUon of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circumstances exist which FPL determines would make such a subordination necessary.

The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal description, and exact name of the legal owner lo be used when an easement is prepared, as required by FPL.

b		The Customer shall furnish drawings, satisfactory to FPL. showing the location of existing and proposed structures on the Customer:'s construction site, as required by FPL.

c)  Should tor any reason, except for the sole error of FPL. FPL's facilities not be constructed within the easement. FPL may require the customer to grant new easements and obtain any necessary mortgage subordinallons to cover FPL's installed facilities, at no cost to FPL, and FPL will release the exist1ng easement. Mortgage subordinations will be necessary in this context when 1) the Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to serve other parcels of property,

7	Before FPL can begin Its engineering work on the underground electnc dfstribullon facilities, the Customer shall provide FPL with the following:

Paving, grading, and drainage plans showing all surface and sub•surface drainage satisfactory to FPL,

A construction schedule,

An estimate of When electric serv ce will be required, and

cl) Copies of the Customer's final construction plans as well as other construction drawings (plot, site, sewage. electrical, etc.) requested by FPL plats provided by the Customer must be either recorded by the circuit ciet1( or other recording officer or prepared and certi!ied as meeting the requirements for recording (except approval by the governing body) by a registered land surveyor.

Pnor to FPL construction pursuant to thls agreement. the Customer shall:
Clear the FPL easement on the Customer's property of tree sturnps, all trees, and other obstructions that conflict with construction, including the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal, paving and addressing other special conditions. The easement shall be graded lo within silc inches of final grade with sofl stabilized.
Provide property fine and corner stakes, designated by a licensed surveyor, to establish a reference for locating the underground cable trench route in the easement and addltlonal reference points when required by FPL. Also, the Customer shall provide stakes identifying !he location, depth. size and type facility of all non-FPL underground facilities within or near the easement where FPL distribution facilities will be installed. The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the Customer shall replace the stakes at no cost to FPL, unless ltle stakes are lost, destroyed or moved by an agent, employee, contractor or subcontractor of FPL, in which case FPL will pay the Customer ltle cost of replacing the stakes.
It is further understood and agreed that subsequent reJocatJon or repair of the FPL system, once installed, will be paid by the Customer if said relocation or repair Is a result of a change In the grading by the Customer or any of the Customer's contractors or subcontractors from the time the underground facilities were Installed; and. that subsequent repair to FPL's system, once Installed, will be paid by the Customer ff said repair Is a result of damage caused by the Customer or any of the Customer's contractors or subcontractors.
	Provide sufficient and timely advance notice  days) as required by FPL, for FPL to Install its underground distribution facilities prior to the lnstallatfon or paving, landscaping, sodding. sprinkler systems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL, by the Customer, all addijional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original conditlon, should they be Installed prior to FPL's facilities. shall be borne by FPL.
Pay for all addltlonal costs Incurred by FPL which may include, but are not limited to, engineering design, administralfon and relocation expenses, due lo changes made subsequent to this agreement on the subdivision or development layout or grade.
Provide applicable trenching, bacKfilling, Installation or Company provided conduit and other work. In accordance with FPL specifications more part1cularly descnbed on Exhibit B attached hereto. At the discretion of FPL. either correct any discrepancies, within two (2) worKlng days, found in the installation that are Inconsistent with the Instructions and specifications attached to this agreement or pay the associated cost to correct the lnstaJlalion within thirty (30) days of receiving !he associated bill, and In either case, reimburse FPL for costs associated with lost qew time due to such discrepancies.

g) Provide a meter enclosure, downpipe and ell which meet all applicable codes and FPL specifications and which will accommodate FPL's service cable size and design_ These items must be confirmed with FPL prior to purchase. FPL will not be responsible for costs Involved in modifying or replacing Items which do not meet the above criteria.

FPL shall:
Provide the Customer with a plan showing the location of all FPL underground facilltles, point of delivery. and transformer locations and specifications required by FPL and to be adhered to by the Customer.
Install, own, and maintain the electnc distribution facilities up to the designated point of delivery e)(cept when otherwise noted.
Request the Customer to participate In a pre-construction conference wtth the Customer's contractors, the FPL representatives and other utilities within six (6) weeks of the start of construction. Al the pre-construction conference, FPL shall provide the Customer with an estimate of the date when service may be provided.

Thls Agreement is subject to FPL's Electric Tariff, including bul not llrnited to the General Rules and Regulations for Eleclrfc Service and the Rules of the Florida Public Service Commission. as they are now wntten, or as they may be revised, amended or supplemented.
11, This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of tt,e Customer and FPL.

cJ

The Customer and FPL will coordinate closely In fulfll0ng obligations In order to avoid delays 1n providing permanent electric service at the time of the Custome(s receipt of a certificate of occupancy.

Accepted:
vu:::tBua- s
For FPL (Date)

01/18/24

(_

FPL

WR# 12819184

UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT

This Agreement, made this 26 day of January, 2024 by and between AVENIR COMMUNITY DEVELOPMENT DISTRICT (hereinafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporal on organized and existing ul'lder the laws of the State of Florida (hereinafter called FPL).

WITNESSETH:

V\lhereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as Avenlr Master Pump #3 located In Palm Beach Gardens/Palm Beach,
(Clty/County)

That for and ln consideration of tne covenants and agreements herein set forth. the parties hereto covenant and agree as follows:

The Customer shall pay FPL a Contribution in Aid of Constructfon of $2,030.30 (the total Contribution) to cover the differential cost between an underground and an overhead system. Tols ls based on the currently effective tariff filed with the Florida Public Service Commission by FPL and Is more particularly described on Exhiblt A attached hereto.

That a credit of $1,804.83 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be $225.47.

The contributron and credit are subject to adjustment when FPL's tadff is revised by the Florida Public Service Commission and ihe Customer has requested FPL lo delay FPL's scheduled date of Installation, Any addi\ional costs caused by a Customer's change in the Customer's plans submitted to FPL on which the contnbut1on was based shall be paid for by the Customer, The contribution does not include the cost of conversion of any existing overhead lfnes to underground or the relocation of any existing overhead or underground facilities to serve the property identified above.
	Thal the Contribution provides for 277/480 volt. three phase (commercial) underground electrical service with facilities located on private property in easements as required by FPL. The contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground Service. secondary, and primary conductors are to be of standard FPL design, in conduit, and With above-grade appurtenances.

That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff,

If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangemenfs have been made wiU, the Customer as specified by FPL.

Title to and ownership of the facilities Installed as a result of this agreement shall at all times remain the property of FPL

That good and sufficient easements, Including legal descriptions and survey wor1< to produce such easements, and mortgage subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, al no cost to FPL, prior to trenching, Installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements. (2) FPL's easement has not been recorded prior to the recordatlon of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circums!Bnces exist which FPL determines would make such a subordination necessary.

The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal descnption, and exac1 name of the legal owner to be used when an easement is prepared, as required by FPL.

	The Customer shall furnish drawings, satisfactory lo FPL, showing the location of existing and proposed structures on the Customer's construction site. as required by FPL.

	Should for any reason. except for the sole error of FPL. FPL's f.iciUties not be constructed within the easement. FPL may require the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's Installed facilities, at no cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary In this context when 1) the Customer's property on which FPL will install lts facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used, to serve other parcels of property.

Rules or the Florida Public Service Commission, as they are now written, or as 1hey may be revised, amended or supplemented.

11. This agreemen! sha'II Inure lo the benefit of, and be binding upon, the successors and assigns of the Customer and FPL

The Customer and FPL will coordinate closely in fulfilling obligations fn order to avoid delayS-in providing pewianent etectJic service at tt,e time of the Customer's receipl of a certificate of occupancy.

Accepted;

For FPL (Date)

A ce ,, 
C

		.J-/s1af

,

(Dale)

/.b/a'-f

Before FPL can begfn f!s engineering work on the underground electrlc dlstrtbutlon faclltties, the Customer shall provide FPL with the followin,g:

Paving, grading, and drainage plans showing all surface and sub-surface drainage satisfactory to FPL.

A construction schedule,

An estimate of when electric sert1ice will be required, and

Cop1es or the Customer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by FPL plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the requirements for recording (except approval by !he govemlng bOdy) by a registered land surveyor.

Prior lo FPL construction pursuant to !his agreement, the Customer shall,
Cfear the FPL easemem on the Customer's property of tree stumps, all trees, and other obstructions that conflict With construction, Including the drainage of all flooded areas. The Customer shall be responsible for ctearing, compacting. boulder and large rock removal, stump removal, paving and addresslng other special conditions. The easement shall be graded to within six indles of final grade wilh soil slablllzed.
	Provide property line and comer stakes, designated by a licensed surveyor, to establish a reference for localing the Underground cable trench route In the easement and additional reference points when required by FPL Also, the Customer shall provide stakes identifying the Jocalion, depth. size and type facility of all non-FPL underground facilities withln or near the easement where FPL distribution facillties wtll be Installed. The Customer shall maintain these slakes, and if any of these stakes are lost. destroyed or moved and FPL requires their use. the Customer shall replace the stakes at no cost to FPL, unless the stakes are lost. destroyed or moved by an agent, employee, contractor or subcontractor of FPL, In which case FPL will pay the Customer the cost of replacing the stakes.
	It is further understood and agreed that subsequent relocation or repair of !he FPL system, once installed, will be paid by !he Customer if said relocatlon or repair Is a result of a change in lhe gradlhg by the Customer or any of the Customer's contractors or subcontractors from the time the underground lacilltles were installed; and, that subsequent repair to FPL's system, once Installed, will be paid by the Customer if said repair is a result of damage caused by !he Customer or any of the Customer's contractors or subcontractors.
	Provide sufficient and timely advance notice (Ml days) as required by FPL, for FPL to install its underground dlslribution facilities prior to !he installation or paving, landscaping, sodding, sprinkler systems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL, by the Customer. all additional costs for trenching and backfilling shall be paid by lhe Customer. and none of the costs of restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to lhefr original condition, should they be Installed prior to FPL's facilities, shall be bome by FPL
Pay for all additional costs incurred by FPL which may Include, but are not Hmlled to, engineering design, admlnlstration and relocation expenses, due to changes made subsequent to t ls agreement on the subdivision or development layout or grade.
t') Provide applfcable trenching, backf1lllng, Installation of Company provided conduit and other work in accordance with FPl. specifications rnore particularly described on Exhibit B attached hereto. At the discretion of FPL. eit1'1er correct any discrepancies, within two (2) working days, found in the nstallallon lhat are inconsistent with the in!>tructlons and specifications attactied to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving lhe associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies.

g) Provide a meter enclosure, downpipe and ell which rneet all applicable codes and FPL specifications and which will accommodate FPL's service cable size and design. These Items must be confirmed with FPL prior to purchase. FPL will not be responsible for costs involved in modifying or replacing Items which do not meet the above criteria.

FPL shall:
Provide lhe Customer with a plan showing the locallon of all FPL underground facilities. point of del[very, and transformer locations and specifications required by FPL and to be adhered to by the Customer.
Install, own, and maintain the electric distribuUon facilftles up lo the designated point of delfvery eKcept when otheMlise noted.
Request the Customer to participate In a pre-construction conference with lhe Customer's contractors, the FPL representatives and other Utllitles within six (6) weeks of the start of construction. At the pre-construction conference, FPL shall provide the Customer with an estimate of the date when sert1ice may be provided.

10, This Agreement Is subject to FPL's Electric Tariff, including but not limited to the General Rules and Re.gulatlons for Electric Service and the

FPL	NOTIFICATION OF FPL FACILITIES

Customer/Agency Avenir Communitu Development District Developer/Contractor Name 
Location of Project 13447 Avenir Dr
FPL Representative Victoria Suarez Developer/Contractor Representative 

Date of Meeting/Contact: 01/19/24
Project Number/Name: Avenir Master Pump #3 City: Palm Beach Gardens
Phone: 561-301-5124
FPL Work Request #/Work Order#: 12819184

FPL calls your attention to the act that there may be energized,high voltage electric:lines,both overhead and underground, locatedin the area of thisproject. II ls imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, eQuipment or object closer to FPL's power lines than the OSHA-prescribed limits. If It will, you must either re-design your project to allow it lo be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergiz.eand ground our facilities, or relocate them, possibly at your expense. You must do this before allowing ilny construction near the power llnes. It is impossible for FPL to know or predictw'hether or not the contractors or subcontractors, ar1d their employees, will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction, and, if so, when and where. Therefore. if it becomes necessary for any contractor or subcontractor, or their employees. to operate or handle cranes, digging appaJatus, draglines, moblle equipment, or any other equipment. tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operationprior to the commencement thereof and make all necessary arrangements withFPL in order to carry out the work in a sa e manner. Any work In the vicinity of the electric lines shouJd be suspended until these arrangements are finalized and implemented,
The National Electn·ca1Safety Code ('NESC·) prescribesminimumclearancesthat must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL pnor to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances.
It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligaUons:
Make absolutely certain that all persons responsible for operating or handling cranes, digging apparatus, dragli es. mobile eQUipmenl or any equipmeot. tool, or material capable of contacting a power line, are in compl ance with all applicable state and federal regulalions,including but not limitedto U.S. Department of Labor OSHA Regulations, while performing their work.
	Make sure that all cranes, digging apparatus. draglines, mobileequipment, and all other equipment or materials capable of contacting a power linehave attached to them any warn1ngsigns reQuired by U.S. Department of Labor OSHA Regulations.
Post and maintain proper warn ng signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools,

0 • 750 volts	(29 CFR 1910.333and 1926.600)
10 Feet	(29CFR 19261407, 1408)
10 Feet	(29 CFR 1926,600- Equipment)
4 Feet	(1926.1411-Cranesand Derricks)
◄ Feet	
751 - 50,000 volts	10 Feet	10 Feel	4 Feel	6 Feet	
69,000volts	11 Feet	5 Feel	10 Feet	10 Feel	
116,000volts	13Feet	15Feel	10Feel	10Feet	
138,000 volts	13 Feet	15 Feel	10 Feet	10 Feel	
230,000 volts	16 Feet	20 Feel	10 Feet	10 Feet	
500,000volts	25 Feet	25 Feel	16 Feet	16 Feel	

materials and equipment away from power linesper the following OSHA minimum approach distances(refer to OSHA regulations for restncOons): 'Power Line Voltages .. Personnel and Eguipment	Cranes and Derricks	Travel under or near Power Lines (on construction sites,no load}

'When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and SO feel for voltages greater than 350,000 'volts.
.. Forpersonnel approachinginsulated secondary conductors-less than 750 volts, avoid contact (Maintain 10 Feet to bare energizedconductOIS less than 750 volts).For qu,lified personnel andinsulatedaerial litt equipmentmeeling requirements of29 CFR 1910.333, distances may be ,educed to those shown in 29 CFR 1910.333TableS-5.
	All excavalors are required to contact the Sunshine State One Cati of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends) In advance of commencement of excavation lo ensure facilities are located accurately,
Conduct all localions and excavations in aocordance with the Florida Statute 556 of the Underground Facllit1es Damage Prevention & Safety Act and all localcity and county ordinances that may apply,
	When an el(cavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground racliifies. The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identifyunderground facilities.
A copy of this notification must be provided by you to each contractor and subcontractor on this projec lo be shared with their supervisionand employees prior to commencing work on this project.

E-Mail

I
F tativeSignature

Means by Wlllchthis notification was provided to customer and/orcontractor

cartos@baenq.us Address
Date Date

Form 360 Rev. 1.00,,12

CHANGE ORDER NO.5

Date of Issuance:	January 22, 2024

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

Effective Date:	January 24, 2024

Owner's	N/A Contract No.:

Contractor:

Engineer:

Project:

J.W. Cheatham, LLC 7396 Westport Place,
West Palm Beach, FL 33413

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

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

Contractor's Project No.:

Engineer's Project No.:

Contract Name:

220010

·180437

Construction Contract (Roadway Improvements)

The Contract Is modified as follows upon execution of this Change Order: Description: •Northlake Blvd. Ph. 2 Addlllonal 2" algnal conduit at Ibis Blvd

Attachments: •J.W. Cheatham, LLC change order request dated 01/22/2024 for 2" Signalization electrical conduit

CHANGE IN CONTRACT PRICE

Original Contract Price:
$4,173,882.11

CHANGE IN CONTRACT TIMES

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

(Increase) (DeeFeaseJ form previously approved	 [Increase) fQesFea,1;11 form P.revlously approved Change Orders No...Q.. to No. _4_:	Change Orders No.JL to No. :
$1,258,434.44	223 Days

Pagel
Owner 	_	Contractor	®

Contract Price prior to this Change Order:
$6,432,316.66

Contract Times prior to this Chanae Order:
Total Contract Days:,673 days
Start Date: 9/12/2022	End Date: 7/16/2024

(Increase) (9eeR!!aseJ of this Change Order
$8,100.00

(Increase] (gaeFaa&el of this Change Order 1 Day

Contract Price Incorporating this Change Order:
$5,440,416.58

Contract Times with all the appr-0ved Change Orders: Total Contract Days: 674 days
Start Date: 9/12/2022	End Date: 7/17/2024

RECOMMENDED BY:

By:_....:;_:::!_,/. =	­
ENGIN E :
HSQ Oro •, Inc.
1001 Yamato Road, Suite 105 Boca Raton, FL 33431

ACCEPTED:

Virginia Cepero Chairperson

ACCEPTED:

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

	

EJcoc• C-941, Cha.nee Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page2

Monthly Managers Report February 29, 2024

Date of Report: 2/21/2024	  Submitted by: Richard Salvatore

Completed Tasks
The previously approved Pool Deck, Tot Lot, and Parking lot landscaping upgrades have been completed. See attached pictures.
Ongoing Tasks
Definitive Electronics is finalizing the permits and scheduling the inspection of previously completed access control work for the gym after-hours access.
Once complete, previously approved “after hours” gym schedule will be implemented.

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.
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.
2024 Handbook Revisions are underway, to be presented at March Meeting.
“Avenir” Emblemized entry rugs are being designed, proofs to be provided and brought for approval in February meeting.

Proposals for consideration
See handout containing proposals for a complete landscaping overhaul (Pool Deck, Parking lot, Playground) recommended by Pepe from Arazoza: Total: $22,000
See handout for the access control tennis gate installation proposal: Total $4,400
See handout for inquiry to operate a restaurant in the Avenir Clubhouse from

 

Lifestyle Directors Report

Date of Report: 2/21/2024	Submitted by: Patrice Chiaramonte

Completed Events:
Paint & Sip 02/02/24

Green Market & Fit Fest 02/03/24

This intimate setting was a relaxing evening for all participants, who followed along with an instructor, painting a beautiful beached sunset Palm Tree.
The Green Market & Fit Fest was an energizing morning filled with activities and mingling. Residents participated in various outdoor fitness classes,sponsored by Mele Fitness. Local vendors set up their business offerings on the event lawn, while participants shopped and soaked in the fun atmosphere!

Valentines Couples Game Show 02/09/24
Couples were challenged to put their love to the test, for an adults only “ Game Show” night. Participants loved this evening, as it was something different, interactive, and fun! Multiple games were played, as well as prizes awarded for the top performing couples!

Superbowl Viewing Party 02/11/24

This Superbowl was one to rememeber, as residents watched the game on the big screen by the pool! Utilizing the beautiful lawn area and the firepit; This space was perfect for the occasion! A BBQ food truck topped the evening off, tieing into the tailgating theme of the night.

Rhythm & Hues -Parent & Me Class 02/17/24

Rhythm & Hues is a parent and me class that teaches toddlers cognitive development through instruments, music, and dance. This trial was well received and will become a once a week occurrence.

Field Operations Manager Report
Date Submitted: 2/21/24		 Submitted by: Jorge Rodriguez

Completed Tasks
The loungers and chairs on the pool deck have been pressure washed.
The pool deck has been completely pressure washed.
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 clubhouse, within tennis and pickleball courts, and down Avenir drive are emptied and cleaned as needed
All exterior lights fixtures are inspected nightly, Interior lights daily.
The 6 Clay Tennis Courts are raked and rolled three times every week. (Mon, Wed, Fri)
All 8 hard floor Tennis Courts and pickleball courts are blown daily to clean debris.
All Clubhouse grounds including parking lots, sidewalks, pool deck, playgrounds, etc are blown daily.
The playgrounds are being pressure washed weekly. All the equipment safety checked and tightened.
All pools, splash pad, spa, and fountains are maintained daily to FL DoH standards.
All the outside recessed lighting covers have been removed and cleaned, removing all bugs and webs.

Current and Ongoing Project
The aerobics room will close on Tuesday, February 27th to receive a fresh coat of paint, and to clean and stain remove the wooden floor.
Kast Construction has been contacted about a roof leak affecting the men’s and women’s west bathrooms.
Kast Construction has been contacted about an abnormal amount of exterior step lights failing at the same time due to improper installation.
All the exterior walkways are set to be pressure washed. Project is underway.