AVENIR COMMUNITY DEVELOPMENT
DISTRICT

CITY OF PALM BEACH GARDENS REGULAR BOARD MEETING
& Public Hearing’s January 23, 2025
12:30 P.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

www.avenircdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
AVENIR COMMUNITY DEVELOPMENT DISTRICT
2501A Burns Road
Palm Beach Gardens, Florida 33410
REGULAR BOARD MEETING
January 23, 2025
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
November 21, 2024, Regular Board Meeting Minutes
Public Hearing
Proof of Publication
Receive Public Comments on the Levy of Non Ad-Valorem Assessments (Parcel A-10) (A Bonds)
Consider Resolution No. 2025-01 – Adopting Non Ad-Valorem Assessments (Parcel A-10) (A Bonds)
Public Hearing
Proof of Publication
Receive Public Comments on Levy of Non Ad-Valorem Assessments (Parcel A-10) (B Bonds)
Consider Resolution No. 2025-02 – Adopting Non Ad-Valorem Assessments (Parcel A-10) (B Bonds)
Public Hearing
Proof of Publication
Receive Public Comments on the Levy of Non Ad-Valorem Assessments (Parcel A-11) (A Bonds)
Consider Resolution No. 2025-03 – Adopting Non Ad-Valorem Assessments (Parcel A-11) (A Bonds)
Public Hearing
Proof of Publication
Receive Public Comments on the Levy of Non Ad-Valorem Assessments (Parcel A-11) (B Bonds)
Consider Resolution No. 2025-04 – Adopting Non Ad-Valorem Assessments (Parcel A-11) (B Bonds)
Public Hearing
Proof of Publication
Receive Public Comments on the Levy of Non Ad-Valorem Assessments (Parcel A-21) (A Bonds)
Consider Resolution No. 2025-05 – Adopting Non Ad-Valorem Assessments (Parcel A-21) (A Bonds)
Public Hearing
Proof of Publication
Receive Public Comments on the Levy of Non Ad-Valorem Assessments (Parcel A-21) (B Bonds)
Consider Resolution No. 2025-06 – Adopting Non Ad-Valorem Assessments (Parcel A-21) (B Bonds)
Old Business

New Business
Consider Approval of Coconut Boulevard Ext. Consent Agreement
Consider Approval of Medical Park Plat
Consider Ratification of Revised Construction Agreement Grade Crossing Maintenance Agreement (CSXT)
Consider Resolution No. 2025-07 – Registered Agent Change
Consider Lake Treatment Proposal
Discussion Regarding West Clubhouse
Discussion Regarding Beeline Gate
Discussion Regarding Roadway Repairs
Resident Requests
Abductor Machine for Fitness Room
Projector and Camera for Clubhouse Meeting Room
Sound and Light Abatement for Clubhouse (Shrubs or Fountain)
LaTerre Fence Request
Change Orders
Consider Approval of Pod 18 CO No. 1 – Signature Privacy Wall Contract ($539,359.56)
Consider Approval of Pod 18 CO No. 2 – Jackson Land Development ($14,469.00)
Clubhouse
Clubhouse Management Update
Items for Discussion
Carpet Cleaning
Gutter Installation
Holiday Hours
Playground Hours
Holiday Tree
Holiday Staffing
Clubhouse Hours
Additional Recreational Services Vendors
Administrative Matters
Board Member Comments
Adjourn

AFFIDAVIT OF PUBLICATION

LOCALiQ
The Gainesville Sun I The Ledger Daily Commercial I Ocala StarBanner 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 FISCAL YEAR 202-112025

Laura Archer AvenirCDD
2501 Bums RD# A

REGULAR MEETING SCHEDULE NOTICE IS HEREBY GIVEN that
the Board of Supervisors of lhe
Avenlr Community Development District wfll hald Re9ulor Boord Meetings cr1 the offices of soec:101 Oi$trict Serv,ces, Enc.; 2501A Burns Road, Palm Beach Gardens, F lor da 33-41O at 12:30 a.m. on !he followin11

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

doles:

October 2-4, 202
November 21, 2024
December 19, 2024
January 23, 202S
February 27, 2025
Morch 27, 2025
April 24, 202S
Moy 22, 2025
JUM26,2025
July 2•, 2025
Au11u•t 28, 2025
September 25, 202S

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:

10/10/2024

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

The purpose of the merrinas is to
conduct anv business coming befor" the Boord. Meelln11s are open to the PUblic and wlll be conclucte<l In accordance wllh the orovlslons ol Florido law. Coples of !he Agendas for any ol the meetings moY be obtoined from the Dlstrrcr•s website or by contacting the District Mono11er at 561·430- 922 and/or toll free al 1477.737.4922 prior ta !he dale of !he POrticulor meeting.
From time- to nme one- or two Supervisors may oartlcipate bv teleohane; therefore, a speaker teleohone will be present at the meeting location so that Supervisors moy be fully lnforme<l of the discuss5ons takrng place. sa,d meetingCsl may be continue<! os found necessary to o lime ond place Spe(.ified on the record.
If any person decides la appeal any decision made with respect lo ony matter considere<l at these meetings, such person will need o
record of !he o>roceedings and such

Subscribed a is personall',l

Legal Clerk

My commission expires

the legal clerk, who

per50n moy :rieed to ensure tt'lot o verbatim record of tt1e proceedings I$ made ot his or her own expense and which record includes the testimony and evidence on which the appeal is based.
In accordance with the provisions of the Americans with Disabilities l\ct, onv person requiring ipecEol occommodotlons or an interpreter to participate aT any of these meetings should con!ac! the District Manager crl 561•630-4922 and/or toll free ot I• 977.737.-1922 at least seven ( 7) days prior to the date of !he oarf!cular mee!lna.
Ml>etlnsis mov b& cancalled from
time to t me withou1 advertis.ed
notice.
AVENIR	COMMUNITY DEVELOPMENT DISTRICT
www.ovenircdd.org

	No.10649537	OCT. 10, 2024	
Publication Cost:	$233.75				
Tax Amount:	$0.00				
Payment Cost:	$233.75				
Order No:	10649537	#of Copies:			
Customer No:	1348509	1			
PO #:	meeting schedule				
THIS TS NOT AN INVOICE!
Pte<Ue do nor use rhisformfor pa:rme/TIremlltan e.

RYAN SPELLER
Notary Public
State of Wisconsin

Page 1 of l

AVENIR COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
NOVEMBER 21, 2024

CALL TO ORDER

The November 21, 2024, Regular Board Meeting of the Avenir Community Development District (the “District”) was called to order at 12:32 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 Post on October 13, 2024, as part of the District’s Fiscal Year 2024/2025 Meeting Schedule, as legally required.

Mr. Pierman noted that Rich Cartlidge had been elected to Seat 4 in the general election and had been sworn in prior to the start of the meeting. A quorum was established with the following Supervisors in attendance: Chairperson Virginia Cepero and Supervisors Rosa Schechter, and Rich Cartlidge, and it was in order to proceed with the meeting.

Mr. Pierman presented Roberto Horowitz’s resignation from Seat 2.
A motion was made by Ms. Schechter, seconded by Ms. Cepero and unanimously passed accepting Mr. Horowitz’s resignation.
A motion was then made by Ms. Cepero, seconded by Ms. Schechter and unanimously passed appointing Danny Lopez to Seat 2, which expires in 2026.

A motion was made by Ms. Cepero, seconded by Ms. Schechter and unanimously passed appointing Mitch Kay to Seat 3, which expires in 2028.

Ms. Cepero then tendered her resignation from Seat 1. A motion was made by Ms. Schechter, seconded by Mr. Lopez and unanimously passed accepting Ms. Cepero’s resignation.
At this time, Ms. Schechter made a motion, seconded by Mr. Lopez and unanimously passed recessing the Regular Board Meeting and opening the Landowners’ Meeting.
The Regular Board Meeting was reconvened at 12:42 p.m.

It was noted that Ms. Cepero was elected to Seat 5, which expires in 2028, and had been sworn in prior to the meeting being reconvened. A new quorum was established with the following Supervisors in attendance: Chairperson Virginia Cepero and Supervisors Daniel Lopez, Mitch Kay and Rich Cartlidge, and it was in order to proceed with the meeting.

A motion was then made by Ms. Cepero, seconded by Mr. Lopez, and unanimously passed appointing Rosa Schechter to Seat 1, which expires in 2026.

Page 1 of 13

ADMINISTER	OATH	OF	OFFICE	AND	REVIEW	BOARD	MEMBER RESPONSIBILITIES & DUTIES

Mr. Pierman, Notary Public for the State of Florida, administered the Oath of Office to the new Board Members.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance: Chairperson Virginia Cepero, Vice Chairperson Rosa Schechter and Supervisors Daniel Lopez Rich Cartlidge and Mitch Kay and it was in order to proceed with the meeting.

Also in attendance were Jason Pierman of Special District Services, Inc.; District Counsel Ascott Cochran 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.

Also present were Steve Sanford, Bond Counsel, of Greenberg Traurig (via phone); and Andrew Karmeris, Methodology Consultant, of Special District Services, Inc.

ELECTION OF OFFICERS
Mr. Pierman explained that, now that a new Board had been installed, it was necessary to elect officers.
Following a brief discussion, a motion was made by Mr. Cartlidge, seconded by Mr. Kay, and unanimously passed electing the following slate of officers:

Chair: Virginia Cepero Vice Chair: Rosa Schechter
Secretary/Treasurer: Jason Pierman Assistant Secretary: Daniel Lopez Assistant Secretary: Rich Cartlidge Assistant Secretary: Mitch Kay

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 form the public for items not on the agenda.

APPROVAL OF MINUTES
October 24, 2024, Public Hearing & Regular Board Meeting

The minutes of the October 24, 2024, Public Hearing & Regular Board Meeting were presented for consideration.

Page 2 of 13

A motion was made by Ms. Schechter, seconded by Mr. Lopez and passed unanimously approving the minutes of the October 24, 2024, Public Hearing & Regular Board Meeting, as presented.

OLD BUSINESS

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

NEW BUSINESS

Mr. Pierman noted that, as the Board considers approval of bond documents, it should be noted that they should all be considered in substantial final form. Mr. Pierman explained that there were two bond topics coming before the Board. The first two agenda items address the need to validate additional bonds necessary to fund additional improvements, because the current validation amount is not enough to complete the project. The remaining bond-related agenda items are needed to issue those additional bonds.

Consider Master Engineer’s Report (2025 Bond Validation)

Mr. Ballbe presented the Master Engineer’s Report for the 2025 Bond Validation. He noted that the report identifies $150 Million in infrastructure project costs, which is in addition to the previously validated $360 Million.

A motion was made by Ms. Cepero, seconded by Ms. Schechter and passed unanimously approving the Master Engineer’s Report (2025 Bond Validation), in substantial final form.
Consider Resolution No. 2024-14 – Authorizing Validation

Resolution No. 2024-14 was presented, entitled:

RESOLUTION NO. 2024-14
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $150,000,000 AGGREGATE PRINCIPAL AMOUNT OF AVENIR COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT REVENUE BONDS, IN ONE OR MORE SERIES, TO PAY ALL OR A PORTION OF THE DESIGN, ACQUISITION, CONSTRUCTION COSTS OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO, PUBLIC ROADWAY IMPROVEMENTS, STORMWATER MANAGEMENT AND CONTROL FACILITIES, INCLUDING, BUT NOT LIMITED TO, RELATED EARTHWORK AND ACQUISITION OF INTERESTS IN REAL PROPERTY; WATER AND WASTEWATER SYSTEMS; UNDERGROUNDING DIFFERENTIAL OF UTILITIES; PUBLIC PARKS AND RECREATIONAL FACILITIES; LANDSCAPING, HARDSCAPING, LANDSCAPE BUFFERS, IRRIGATION IN PUBLIC RIGHTS OF WAY AND ENTRANCE FEATURES; WETLANDS MITIGATION AND CONSERVATION AREAS AND RELATED INCIDENTAL COSTS RELATING TO THE DEVELOPMENT  OF  THE  DISTRICT,  PURSUANT  TO  CHAPTER  190,

Page 3 of 13

FLORIDA STATUTES, AS AMENDED; CONFIRMING THE PRIOR APPOINTMENT OF THE TRUSTEE; APPROVING THE USE OF THAT CERTAIN MASTER TRUST INDENTURE DATED AS OF MAY 1, 2018 AND THE PREVIOUSLY VALIDATED FORM OF SUPPLEMENTAL TRUST INDENTURE FOR EACH SERIES OF BONDS AUTHORIZED BY THIS RESOLUTION; PROVIDING THAT SUCH BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (EXCEPT AS OTHERWISE PROVIDED HEREIN), PALM BEACH COUNTY, FLORIDA, THE CITY OF PALM BEACH GARDENS, FLORIDA, OR OF THE STATE OF FLORIDA OR OF ANY OTHER POLITICAL SUBDIVISION THEREOF, BUT SHALL BE PAYABLE SOLELY FROM SPECIAL ASSESSMENTS LEVIED ON THE PROPERTY WITHIN THE DISTRICT BENEFITED BY THE PUBLIC IMPROVEMENTS AND SUBJECT TO SPECIAL ASSESSMENTS; PROVIDING FOR THE JUDICIAL VALIDATION OF SUCH BONDS; PROVIDING FOR OTHER RELATED MATTERS AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Sanford explained that the bonds must be validated by circuit court, and that this resolution authorizes a not-to-exceed amount of $150 Million to finance the infrastructure identified in the engineer’s report. Mr. Sanford also noted that the master trust indenture was applied to all bonds, and that there were still funds remaining from the original $360 Million that was validated, but that the new bonds being issued will exhaust those funds, plus an additional $50 Million of the new validation. He again noted that this was a maximum amount being authorized, and recommended approval of the resolution, authorizing the validation to proceed.
A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously adopting Resolution No. 2024-14, as presented.

Consider Eight Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects)

Mr. Ballbe presented the Eight Supplemental Engineer’s Report for Parcels A-10, A-11, A-21. He explained that Parcels A-10 and A-21 were in Assessment Area Two, and Parcel A-11 was in Assessment Area One. He also noted that both taxable and non-taxable bonds were contemplated: $34,485,925 is non-taxable, $18,350,000 was previously spent by the developer and will be reimbursed, and $6,874,725 is taxable.
Mr. Cartlidge asked about the perimeter wall contained in the report. Mr. Ballbe explained that it was outside for sound-abatement and flood protection and would be maintained by the CDD under a future agreement.

Mr. Pierman explained that each Parcel had a methodology, two Declaring Resolutions, and two Resolutions Setting Public Hearings, and suggested that the Board consider them together for the Parcels.

A motion was made by Mr. Cartlidge, seconded by Ms. Cepero and passed unanimously approving the Eight Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), in substantial final form.

Consider Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-10 Parcel Project

Page 4 of 13

Mr. Karmeris presented the Methodology Reports for Parcels 10, 11, and 21, noting that Appendix 1 of each report lists the total costs, Appendix 2 contains the bond sizing, Appendix 3 lists the number of units in each Parcel, and Appendix 6 shows the allocation of debt within each Parcel.

A motion was made by Ms. Schechter, seconded by Ms. Cepero, and unanimously passed approving the Master Special Assessment Methodology Reports for Infrastructure Project Special Assessment Bonds for Assessment Areas A-10, A-11 and A-21 Parcel Projects.

Consider Resolution No. 2024-15 – Declaring Special Assessments (Parcel A-10) (A Bonds)

Mr. Pierman presented Resolutions 2024-15, 2024-17, 2024-19, 2024-21, 2024-23, 2024-25, which are the Declaring Resolutions for Parcels 10, 11, and 21, A and B Bonds, as follows:

RESOLUTION NO. 2024-15
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS (PARCEL A-10 PROJECT – SERIES 2025A BONDS); INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE PARCEL A-10 PROJECT IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT FOR THE ASSESSMENT AREA TWO - PARCEL A-10 PROJECT AREA; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
RESOLUTION NO. 2024-17
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS (PARCEL A-10 PROJECT – SERIES 2025B BONDS); INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE PARCEL A-10 PROJECT IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT FOR THE

Page 5 of 13

ASSESSMENT AREA TWO - PARCEL A-10 PROJECT AREA; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
RESOLUTION NO. 2024-19
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS (PARCEL A-11 PROJECT – SERIES 2025A BONDS); INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE PARCEL A-11 PROJECT IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT FOR THE ASSESSMENT AREA ONE - PARCEL A-11 PROJECT AREA; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
RESOLUTION NO. 2024-21
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS (PARCEL A-11 PROJECT – SERIES 2025B BONDS); INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE PARCEL A-11 PROJECT IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT FOR THE ASSESSMENT AREA ONE - PARCEL A-11 PROJECT AREA; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
RESOLUTION NO. 2024-23

Page 6 of 13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS (PARCEL A-21 PROJECT – SERIES 2025A BONDS); INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE PARCEL A-21 PROJECT IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT FOR THE ASSESSMENT AREA TWO - PARCEL A-21 PROJECT AREA; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
RESOLUTION NO. 2024-25
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS (PARCEL A-21 PROJECT – SERIES 2025B BONDS); INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE PARCEL A-21 PROJECT IMPROVEMENTS WHICH COST IS TO BE DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT FOR THE ASSESSMENT AREA TWO - PARCEL A-21 PROJECT AREA; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.
A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously adopting Resolution Nos. 2024-15, 2024-17, 2024-19, 2024-21, 2024-23 and 2024-25, as presented.

Consider Resolution No. 2024-16 – Setting a Public Hearing on the Levy of Non Ad- Valorem Assessments (Parcel A-10) (A Bonds)

Mr. Pierman presented Resolutions 2024-16, 2024-18, 2024-20, 2024-22, 2024-24, and 2024-26, which set the Public Hearing to levy assessments for Parcels 10, 11, and 21, A and B Bonds for January 23, 2025 at 12:30 p.m., as follows:

Page 7 of 13

RESOLUTION NO. 2024-16
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD AT 12:30 P.M. ON JANUARY 23, 2025, AT THE OFFICES OF SPECIAL DISTRICT SERVICES, INC., 2501A BURNS ROAD, FLORIDA 33410, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON THE LEVY OF NON AD VALOREM SPECIAL ASSESSMENTS ON CERTAIN PROPERTY (ASSESSMENT AREA TWO - PARCEL A-10 PROJECT AREA – SERIES 2025A BONDS) WITHIN THE BOUNDARIES OF THE DISTRICT PURSUANT TO CHAPTERS 190, F.S., 170, F.S., AND 197, F.S
RESOLUTION NO. 2024-18

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD AT 12:30 P.M. ON JANUARY 23, 2025, AT THE OFFICES OF SPECIAL DISTRICT SERVICES, INC., 2501A BURNS ROAD, FLORIDA 33410, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON THE LEVY OF NON AD VALOREM SPECIAL ASSESSMENTS ON CERTAIN PROPERTY (ASSESSMENT AREA TWO - PARCEL A-10 PROJECT AREA – SERIES 2025B BONDS) WITHIN THE BOUNDARIES OF THE DISTRICT PURSUANT TO CHAPTERS 190, F.S., 170, F.S., AND 197, F.S
RESOLUTION NO. 2024-20
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD AT 12:30 P.M. ON JANUARY 23, 2025, AT THE OFFICES OF SPECIAL DISTRICT SERVICES, INC., 2501A BURNS ROAD, FLORIDA 33410, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON THE LEVY OF NON AD VALOREM SPECIAL ASSESSMENTS ON CERTAIN PROPERTY (ASSESSMENT AREA ONE - PARCEL A-11 PROJECT AREA – SERIES 2025A BONDS) WITHIN THE BOUNDARIES OF THE DISTRICT PURSUANT TO CHAPTERS 190, F.S., 170, F.S., AND 197, F.S
RESOLUTION NO. 2024-22
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD AT 12:30 P.M. ON JANUARY 23, 2025, AT THE OFFICES OF SPECIAL DISTRICT SERVICES, INC., 2501A BURNS ROAD, FLORIDA 33410, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON THE LEVY OF NON AD VALOREM SPECIAL ASSESSMENTS ON CERTAIN PROPERTY (ASSESSMENT AREA ONE - PARCEL A-11 PROJECT AREA – SERIES 2025B BONDS) WITHIN THE BOUNDARIES OF THE DISTRICT PURSUANT TO CHAPTERS 190, F.S., 170, F.S., AND 197, F.S
RESOLUTION NO. 2024-24

Page 8 of 13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD AT 12:30 P.M. ON JANUARY 23, 2025, AT THE OFFICES OF SPECIAL DISTRICT SERVICES, INC., 2501A BURNS ROAD, FLORIDA 33410, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON THE LEVY OF NON AD VALOREM SPECIAL ASSESSMENTS ON CERTAIN PROPERTY (ASSESSMENT AREA TWO - PARCEL A-21 PROJECT AREA – SERIES 2025A BONDS) WITHIN THE BOUNDARIES OF THE DISTRICT PURSUANT TO CHAPTERS 190, F.S., 170, F.S., AND 197, F.S
RESOLUTION NO. 2024-26

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD AT 12:30 P.M. ON JANUARY 23, 2025, AT THE OFFICES OF SPECIAL DISTRICT SERVICES, INC., 2501A BURNS ROAD, FLORIDA 33410, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON THE LEVY OF NON AD VALOREM SPECIAL ASSESSMENTS ON CERTAIN PROPERTY (ASSESSMENT AREA TWO - PARCEL A-21 PROJECT AREA – SERIES 2025B BONDS) WITHIN THE BOUNDARIES OF THE DISTRICT PURSUANT TO CHAPTERS 190, F.S., 170, F.S., AND 197, F.S
A motion was made by Ms. Cepero, seconded by Mr. Kay and passed unanimously adopting Resolution Nos. 2024-16, 2024-18, 2024-20, 2024-22, 2024-24, and 2024-26, in substantial final form.
Consider Resolution 2024-17 Declaring Special Assessments (Parcel A-10) (B Bonds)
Consider Resolution 2024-18 Setting Public Hearing on the Levy of Non Ad-Valorem Assessments 170.07 FS (Parcel A-10) (B Bonds)

Consider Approval of Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-11 Parcel Project)

Consider Resolution 2024-19 Declaring Special Assessments (Parcel A-11) (A Bonds)
Consider Resolution 2024-20 Setting Public Hearing on the Levy of Non Ad-Valorem Assessments 170.07 F (Parcel A-11) (A Bonds)
Consider Resolution 2024-21 Declaring Special Assessments (Parcel A-11) (B Bonds)
Consider Resolution 2024-22 Setting Public Hearing on the Levy of Non Ad-Valorem Assessments 170.07 FS (Parcel A-11) (B Bonds)
Consider Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-11 Parcel Project)

Consider Resolution 2024-23 Declaring Special Assessments (Parcel A-21) (A Bonds)

Consider Resolution 2024-24 Setting Public Hearing on the Levy of Non Ad-Valorem

Page 9 of 13

Assessments 170.07 FS (Parcel A-21) (A Bonds)

Consider Resolution 2024-25 Declaring Special Assessments (Parcel A-21) (B Bonds)

Consider Resolution 2024-26 Setting Public Hearing on the Levy of Non Ad-Valorem Assessments 170.07 FS (Parcel A-21) (B Bonds)

Consider Resolution No. 2024-27 – Adopting a Fiscal Year 2023/2024 Amended Budget

Consider Ratification of Avenir Parcel B – Townhomes Plat

A motion was made by Ms. Cepero, seconded by Ms. Schechter and passed unanimously ratifying the Avenir Parcel B – Townhomes Plat, as presented.

Consider Additional Holiday Lighting Services Agreement (Holiday Landscape Lighting 2022) 2nd Amendment

Mr. Pierman explained that the additional lighting was for the Coconut Boulevard entrance holiday lighting.

A motion was made by Ms. Cepero, seconded by Ms. Schechter and passed unanimously approving the additional holiday lighting services agreement (Holiday Landscape Lighting 2022) Second Amendment, as presented.
Consider Mulch Proposal (Arazoza)
A motion was made by Ms. Schechter, seconded by Mr. Cartlidge and passed unanimously approving the mulch proposal (Arazoza), as presented.

Consider Ratification of Midge Treatment (Superior)

Mr. Kay suggested exploring drone spraying options.
A motion was made by Ms. Cepero, seconded by Ms. Schechter and passed unanimously ratifying the midge treatment (Superior), as presented.
Consider Fish Stocking Proposal (Superior)
A motion was made by Ms. Cartlidge, seconded by Ms. Schechter and passed unanimously approving the fish stocking proposal (Superior), as presented.
Consider Land Swap Agreement 2024 (Pod 18)

Ms. Schechter explained that this agreement was needed to clean up Pod 18 ownership allocations.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving the Land Swap Agreement 2024 (Pod 18), as presented.

Consider Approval of 2nd Annual Avenir 5k (March 23, 2025)

Page 10 of 13

A motion was made by Mr. Lopez, seconded by Ms. Schechter and passed unanimously approving the 2nd Annual Avenir 5k (March 23, 2025), as presented.

Consider Mitigation Maintenance Agreement Extension (EW Consultants)

Mr. Pierman explained that the current agreement was based on a calendar year, so a new agreement was needed to extend it to the end of the fiscal year.

A motion was made by Ms. Schechter, seconded by Mr. Cartlidge and unanimously passed approving the extension and authorizing staff to create a new agreement.

Consider Approval of Tree Replacements (Arazoza)

Mr. Pierman presented the proposal. Mr. Cartlidge suggested that Arazoza did not plant the root ball deep enough and should replace it at their cost. Mr. Pierman agreed to take the item back to Arazoza for review.

CHANGE ORDERS
Consider CO No. 20 – (Phase Two Earthwork Contract) – ($289,271.30)

Mr. Ballbe presented Change Order No. 20 (Phase Two Earthwork Contract) for H&J in the amount of
$289,271.30, noting that it was for lake excavation, muck removal, fill, lake bank repairs, berms, and lift station flood protection. Following discussion, it was noted that the erosion costs should be maintenance, so $7,248 should be subtracted from the Change Order.
A motion was made by Mr. Cartlidge, seconded by Ms. Schechter and passed unanimously approving CO No. 20 (Phase Two Earthwork Contract) in the initial amount of $289,271.30 minus $7,248 of erosion costs that will be allocated to maintenance.

Consider CO No. 1 (Pod 18 Roadway Improvement) – (-$1,194,768.00)

Mr. Ballbe presented Change Order No. 1 (Pod 18 Roadway Improvement) for Jackson Development for a credit of $1,194,768.00, noting that it was because the contract was signed by the developer before the bond. After the contract is assigned to the District, they will have to separate items paid for by the developer. There is also a cost for adding hydraulic pumps due to heavy rains.
A motion was made by Ms. Cepero, seconded by Ms. Schechter and passed unanimously approving CO No. 1 (Pod 18 Roadway Improvement) in the credit amount of $1,194,768.00, as presented.

Consider CO No. 5 (Town Center Bypass Road) – ($745,823.10)

Mr. Ballbe presented Change Order No. 5 (Town Center Bypass Road) for H&J in the amount of
$745,823.10, noting that it was for buffer tract drainage to drain the Northlake dry retention area, dry retention modifications, buffer paving, asphalt repairs, revised manhole connections required by SUA, and DOT “End of Road” signs.

A motion was made by Ms. Cepero, seconded by Mr. Lopez and passed unanimously approving Change Order No. 5 (Town Center Bypass Road) for H&J in the amount of $745,823.10, as presented.

Page 11 of 13

CLUBHOUSE
Clubhouse Management Update

Mr. Salvatore noted that flowers had been planted, and pressure cleaning had been completed since the last meeting. He also presented proposals for replacing the front fountain pumps for $14,500, replacement fencing for $5,300, and the replacement playground shade for $15,546.

Following discussion, a motion was made by Mr. Cartlidge, seconded by Mr. Lopez and unanimously passed approving the items, and including an additional three pumps to have as backups.

Mr. Salvatore also presented a proposal from Arazoza to pour a sidewalk connection where residents cut through in the amount of $4,500.

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

Consider Ratification of Pressure Clearing Proposal (D&ET)

Mr. Salvatore noted that the price had been negotiated down.

A motion was made by Ms. Schechter, seconded by Mr. Lopez and passed unanimously ratifying the pressure cleaning proposal (D&ET).
Mr. Salvatore explained that Prosecco Café was planning to deliver food in the mornings, but now wants the District to purchase a food truck and subsidize expenses. Following discussion about how the kitchen needs to be insured, staff agreed to investigate what the insurance requirements were.

Mr. Salvatore noted that there had been a request to change the gym equipment. Following discussion, the Board elected not to make changes to the equipment.

Mr. Cartlidge suggested that the District allow Regency to use the clubhouse at no charge until their clubhouse has been completed.
Following discussion, a motion was made by Mr. Cartlidge, seconded by Mr. Kay and unanimously passed to allow Regency to utilize the District Clubhouse at no charge.
Ms. Chiaramonte provided an update on the events being held at the Clubhouse.
ADMINISTRATIVE MATTERS
Mr. Pierman explained that he had received a request to add lake fencing in LaTerre.	Following discussion, the Board decided not to allow it, noting that the City may not approve it, either.

Mr. Pierman noted that the next meeting would be held on January 23, 2025.

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 Mr. Lopez, seconded by Ms. Schechter and passed unanimously adjourning the Regular Board Meeting at 2:29 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

Publication Date 2025-01-13

Subcategory Miscellaneous Notices

Keywords:
Notice of Public Hearing to Levy Assessments for POD 10

View original file

RESOLUTION NO. 2025-01
A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE CONSTRUCTION AND/OR ACQUISITION OF INFRASTRUCTURE IMPROVEMENTS CONSTITUTING THE PARCEL A-10 PROJECT IMPROVEMENTS;	EQUALIZING,	APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS TO SECURE THE DISTRICT’S SPECIAL ASSESSMENT A BONDS (PARCEL A-10 PROJECT) IN ONE OR MORE SERIES (THE “PARCEL A-10 A BONDS”) ON PROPERTY WITHIN THE ASSESSMENT AREA TWO - PARCEL A-10 PROJECT AREA WITHIN THE DISTRICT SPECIALLY BENEFITED BY THE PARCEL A-10 PROJECT IMPROVEMENTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHODS PROVIDED FOR BY CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE ITS PARCEL A-10 A BONDS; MAKING PROVISIONS FOR TRANSFERS OF REAL PROPERTY TO GOVERNMENTAL BODIES; PROVIDING FOR THE RECORDING OF AN ASSESSMENT NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
RECITALS

WHEREAS, pursuant to Resolution No. 2024-15 (the “Initial Assessment Resolution”), the Avenir Community Development District (“District”), through its Board of Supervisors (the “Board”) previously indicated its intention to construct and/or purchase certain types of infrastructure improvements and to finance a portion of the Parcel A-10 Project Improvements, as defined herein and in the Initial Assessment Resolution through the issuance of bonds, in one or more series, which bonds would be repaid by the imposition of non-ad valorem special assessments (the “Assessments”) on benefited property within the Assessment Area Two - Parcel A-10 Project Area, within the District; and
WHEREAS, the Board noticed and conducted a public hearing pursuant to Chapters 170, 190 and 197, Florida Statutes, relating to the imposition, levy, collection and enforcement of such Assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THAT:

SECTION 1.	AUTHORITY FOR THIS RESOLUTION.	This Resolution is
adopted pursuant to Chapters 170, 190 and 197, Florida Statutes, including without limitation, Section 170.08, Florida Statutes.
SECTION 2.	FINDINGS. The Board hereby finds and determines as follows:
The District is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended.
The District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct such infrastructure improvements consisting of, but not limited to, water distribution and wastewater sysstems, surface water management and drainage system, and landscaping, irrigation, walls, hardscapes, sidewalks and related improvements; and other infrastructure projects and services necessitated by the development of and serving lands within the Assessment Area Two - Parcel A-10 Project Area, as such term is defined in the Initial Assessment Resolution, within the District (the “Parcel A-10 Project Improvements”), all as described more particularly in the Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates, Inc., as amended and supplemented from time to time (the “Engineer’s Report”) and in the plans and specifications on file in the offices of Special District Services, Inc., located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District Offices”), which Engineer’s Report is attached hereto and made a part hereof as Exhibit A and which plans and specifications are by specific reference incorporated herein and made a part hereof.
The District is authorized by Chapter 190, Florida Statutes, to levy and impose the Assessments to pay all, or any part of, the cost of such infrastructure projects and services and to issue special assessment bonds payable from such Assessments as provided in Chapters 170, 190 and 197, Florida Statutes.
It is necessary to the public health, safety and welfare and in the best interests of the District that (i) the District provide the Parcel A-10 Project Improvements, the nature and location of which was initially described in the Initial Assessment Resolution, and described more particularly in the Engineer’s Report; and (ii) the cost of such Parcel A-10 Project Improvements be assessed against the lands within the Assessment Area Two - Parcel A-10 Project Area directly and specially benefited by such Parcel A-10 Project Improvements; and (iii) the District issue its Avenir Community Development District Special Assessment A Bonds (Parcel A-10 Project) in one or more series (the “Parcel A-10 A Bonds”) and levy Assessments within the Assessment Area Two - Parcel A-10 Project Area to provide funds for such purposes pending the receipt of such Assessments.
The provision of said Parcel A-10 Project Improvements, the levying of such Assessments and the sale and issuance of the Parcel A-10 A Bonds serves a proper, essential, and valid public purpose and is in the best interests of the District and its landowners and residents within the Assessment Area Two - Parcel A-10 Project Area.
In order to provide funds with which to pay a portion of the costs of the Parcel A- 10 Project Improvements which are to be assessed against the benefitted properties within the

Assessment Area Two - Parcel A-10 Project Area, pending the collection of such Assessments, it is necessary for the District to issue and sell its Parcel A-10 A Bonds.
Pursuant to the Initial Assessment Resolution and other resolutions, the Board determined to provide the Parcel A-10 Improvements and to defray a portion of the costs thereof by making Assessments on directly and specially benefited property and expressed an intention to issue the Parcel A-10 A Bonds, notes or other specific financing mechanisms to provide a portion of the funds needed for the Parcel A-10 Improvements prior to the collection of such Assessments. The Initial Assessment Resolution was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to the time it was adopted, the requirements of Section 170.04, Florida Statutes, had been met.
As directed by the Initial Assessment Resolution, said Initial Assessment Resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board.
As directed by the Initial Assessment Resolution, a preliminary assessment roll was adopted and filed with the Board as required by Section 170.06, Florida Statutes.
As required by Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Board adopted Resolution No. 2024-16, fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (1) the propriety and advisability of making the infrastructure improvements constituting the Parcel A-10 Project Improvements (2) the cost thereof, (3) the manner of payment therefor, and (4) the amount thereof to be assessed against each specially benefited property or parcel within the Assessment Area Two Parcel A-10 Project Area and provided for publication of notice of such public hearing and individual mailed notice in accordance with Chapters 170, 190 and 197, Florida Statutes.
Notice of such public hearing was given by publication and also by mail as required by Section 170.07, Florida Statutes. Affidavits as to such publications and mailings are on file in the office of the Secretary of the Board at the District Offices.
On January 23, 2025, at the time and place specified in Resolution No. 2024-16, and notice referred to in paragraph (k) above, the Board met as an Equalization Board and heard and considered all complaints and testimony as to the matters described in paragraph (j) above. The Board has made such modifications in the preliminary assessment roll as it deems necessary, just and right in the making of the final assessment roll.
Having considered the estimated costs of the Parcel A-10 Project Improvements, estimates of financing costs and all complaints and evidence presented at such public hearing, the Board further finds and determines:
that the Parcel A-10 Project Cost (as defined in the Initial Assessment Resolution) of the Parcel A-10 Project Improvements is $27,436,789, as specified in the Engineer’s Report (attached as Exhibit A hereto and incorporated herein by this reference), which Engineer’s Report is hereby adopted and approved, and that the amount of such costs is reasonable and proper; and

it is reasonable, proper, just and right to assess the cost of such Parcel A-10 Project Improvements against the lands within the Assessment Area Two - Parcel A-10 Project Area within the District directly and specially benefited thereby using the method determined by the Board set forth in the Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-10 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc., as may be further supplemented (collectively, the “Assessment Report”), attached hereto as Exhibit B and incorporated herein by this reference, as amended from time to time by the Board, which results in the Assessments set forth on the final assessment roll; and
it is hereby declared that the Parcel A-10 Project Improvements will constitute a direct and special benefit to all parcels of assessable real property within Assessment Area Two – Parcel A-10 Project Area as listed on said final assessment roll and as defined in the Assessment Report, and that the benefit, in the case of each such parcel, will be equal to or in excess of the Assessments thereon when allocated as set forth in Exhibit B; and
it is in the best interests of the District that the Assessments be paid and collected as herein provided.
SECTION 3.	AUTHORIZATION OF DISTRICT PROJECT. That the Parcel A-
10 Project Improvements initially described in the Initial Assessment Resolution and more specifically identified and described in Exhibit A attached hereto, is hereby authorized and approved and the proper officers, employees and/or agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made.
SECTION 4.   ESTIMATED   COST   OF   PARCEL   A-10   PROJECT
IMPROVEMENTS. The total estimated costs of the Parcel A-10 Project Improvements and the costs to be paid by Assessments on all directly and specially benefited property are set forth in Exhibit A and Exhibit B, respectively, hereto.
SECTION 5.   EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY
OF SPECIAL ASSESSMENTS. The Assessments on parcels within the Assessment Area Two – Parcel A-10 Project Area specially benefited by the Parcel A-10 Project Improvements, all as specified in the final assessment roll set forth in Exhibit B, attached hereto, are hereby equalized, approved, confirmed and levied. Immediately following the adoption of this Resolution these Assessments, as reflected in Exhibit B, attached hereto, shall be recorded by the Secretary of the Board of the District in a special book, to be known as the “Improvement Lien Book.” The Assessment or Assessments against each respective parcel shown on such final assessment roll and interest, costs and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal with the liens of all state, county, district, municipal or other governmental taxes and superior in dignity to all other non-federal liens, titles, and claims. Prior to the issuance of any Bonds, including the Se Parcel A-10 A Bonds or any refunding bonds, the District may, by subsequent resolution, adjust the acreage assigned to particular parcel identification numbers listed on the final assessment roll to reflect accurate apportionment of acreage within the District amongst individual parcel identification numbers. The District may make any other such acreage and boundary adjustments

to parcels listed on the final assessment roll as may be necessary in the best interests of the District as determined by the Board by subsequent resolution. Any such adjustment in the assessment roll shall be consistent with the requirements of law. In the event the issuance of the Parcel A-10 A Bonds or any refunding bonds, by the District would result in a decrease of the Assessments, then the District shall by subsequent resolution, adopted within sixty (60) days of the sale of each series of Parcel A-10 A Bonds at a publicly noticed meeting and without the need for further public hearing, evidence such a decrease and amend the final assessment roll as shown in the Improvement Lien Book to reflect such a decrease.
SECTION 6.  FINALIZATION OF ASSESSMENTS. When the entirety of the Parcel A-10 Project Improvements have been constructed or otherwise completed to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections 170.08 and 170.09, Florida Statutes. Pursuant to the provisions of Section 170.08, Florida Statutes, regarding completion of a portion of the Parcel A-10 Project Improvements funded by the Parcel A-10 A Bonds, the District shall credit to each Assessment the difference, if any, between the Assessment as hereby made, approved and confirmed and the actual costs incurred in completing the Parcel A- 10 Project Improvements. In making such credits, no credit shall be given for bond financing costs, capitalized interest, funded reserves or bond discounts. Such credits, if any, shall be entered in the Improvement Lien Book. Once the final amount of Assessments for the entirety of the Parcel A-10 Project Improvements attributable to the Parcel A-10 A Bonds has been determined, the term “Assessment” shall, with respect to each parcel, mean the sum of those costs of the Parcel A-10 Project Improvements.
SECTION 7. PAYMENT OF ASSESSMENTS AND METHOD OF COLLECTION.
The Assessments may be paid in not more than thirty (30) annual installments of principal and interest (excluding any capitalized interest). The Assessments may be paid in full without interest at any time within thirty (30) days after the completion of the Parcel A-10 Project Improvements and the adoption by the Board of a resolution accepting the Parcel A-10 Project Improvements; provided, however, that the Board shall at any time make such adjustments by resolution, at a noticed meeting of the Board, to that payment schedule as may be necessary and in the best interests of the District to account for changes in the debt as actually issued by the District. At any time subsequent to thirty (30) days after the Parcel A-10 Project Improvements has been completed and a resolution accepting the Parcel A-10 Project Improvements has been adopted by the Board, the Assessments may be prepaid in full including interest amounts to the next succeeding interest payment date or to the second succeeding interest payment date if such a prepayment is made within forty-five (45) calendar days before an interest payment date. The owner of property subject to Assessments may prepay the entire remaining balance of the Assessments or a portion of the remaining balance of the Assessment at any time if there is also paid, in addition to the prepaid principal balance of the Assessment, an amount equal to the interest that would otherwise be due on such prepaid amount on the next succeeding interest payment date, or, if prepaid during the forty-five day period preceding such interest payment date, to the interest payment date following such next succeeding interest payment date. Prepayment of Assessments does not entitle the property owner to any discounts for early payment.

The District may elect to use the method of collecting Assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes (the “Uniform Method”). The District has heretofore taken or will use its best efforts to take as timely required, any necessary actions to comply with the provisions of said Sections 197.3632 and 197.3635, Florida Statutes. Such Assessments may be subject to all of the collection provisions of Chapter 197, Florida Statutes. Notwithstanding the above, in the event the Uniform Method of collecting its special or non-ad valorem assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law. The District may collect Assessments by directly assessing landowner(s) and enforcing said collection in any manner authorized by law. Such Assessments shall at all times be collected in a manner consistent with applicable trust indenture.
For each year the District uses the Uniform Method, the District shall enter into an agreement with the Tax Collector of Palm Beach County who may notify each owner of a lot or parcel within the District of the amount of the Assessment, including interest thereon, in the manner provided in Section 197.3635, Florida Statutes.
SECTION 8.	APPLICATION OF TRUE-UP PAYMENTS.
There may be required from time to time certain true-up payments as specified in the Assessment Report and in agreement(s) between the District and the Landowner(s) of lands within the Assessment Area Two – Parcel A-10 Project Area.
The District will take all necessary steps to ensure that true-up payments are made in a timely fashion to ensure its debt service obligations are met. The District shall record all true- up payments in its Improvement Lien Book.
The foregoing is based on the District's understanding with the developer that it intends to develop the lands within the Assessment Area Two - Parcel A-10 Project Area as described in Exhibit B. In no event shall the District collect Assessments pursuant to this Resolution in excess of the total debt service related to Parcel A-10 A Bonds issued to finance a portion of the Parcel A-10 Project Improvements, including all costs of financing and interest. The District recognizes that such events as regulatory requirements and market conditions may affect the timing and scope of the development in the District. If the strict application of the true-up methodology in the Assessment Report to any assessment reallocation pursuant to this paragraph would result in Assessments collected in excess of the District's total debt service obligation for the Parcel A-10 Project Improvements, the Board shall by resolution take appropriate action to equitably reallocate or reduce the Assessments accordingly. Further, upon the District’s review of the final plat for the developable acres, any unallocated Assessments shall become due and payable and must be paid prior to the District’s approval of that plat.
SECTION 9.	GOVERNMENTAL PROPERTY; TRANSFERS OF PROPERTY TO UNITS OF LOCAL, STATE, AND FEDERAL GOVERNMENT.  Property owned by
units of local, state, and federal government shall not be subject to the Assessments without specific consent thereto. In addition, property owned by a property owners association or homeowners association that is exempt from special assessments under Florida law shall not be subject to the Assessments. If at any time, any real property on which Assessments are imposed

by this Resolution is sold or otherwise transferred to a unit of local, state, or federal government, or similarly exempt entity (without consent of such governmental unit or entity to the imposition of Assessments thereon), all future unpaid Assessments for such tax parcel shall become due and payable to the District immediately prior to such transfer without any further action of the District.
SECTION 10.  ASSESSMENT NOTICE. The District’s Secretary is hereby authorized to record, for each series of the Parcel A-10 A Bonds, a general Notice of Assessments or Lien of Record relating the Assessments in the Official Records of Palm Beach County, Florida.
SECTION 11.  SEVERABILITY. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
SECTION 12.  CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
SECTION 13. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

APPROVED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THIS 23rd DAY OF JANUARY, 2025.
AVENIR	COMMUNITY	DEVELOPMENT DISTRICT

Jason Pierman, Secretary	Virginia Cepero, Chair, Board of Supervisors

Exhibit A:  Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates

Exhibit B: Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-10 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc.

Publication Date 2025-01-13

Subcategory Miscellaneous Notices

Keywords:
Notice of Public Hearing to Levy Assessments for POD 10

View original file

RESOLUTION NO. 2025-02
A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE CONSTRUCTION AND/OR ACQUISITION OF INFRASTRUCTURE IMPROVEMENTS CONSTITUTING THE PARCEL A-10 PROJECT IMPROVEMENTS;	EQUALIZING,	APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS TO SECURE THE DISTRICT’S SPECIAL ASSESSMENT B BONDS (PARCEL A-10 PROJECT) IN ONE OR MORE SERIES (THE “PARCEL A-10 B BONDS”) ON PROPERTY WITHIN THE ASSESSMENT AREA TWO - PARCEL A-10 PROJECT AREA WITHIN THE DISTRICT SPECIALLY BENEFITED BY THE PARCEL A-10 PROJECT IMPROVEMENTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHODS PROVIDED FOR BY CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE ITS PARCEL A-10 B BONDS; MAKING PROVISIONS FOR TRANSFERS OF REAL PROPERTY TO GOVERNMENTAL BODIES; PROVIDING FOR THE RECORDING OF AN ASSESSMENT NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
RECITALS

WHEREAS, pursuant to Resolution No. 2024-17 (the “Initial Assessment Resolution”), the Avenir Community Development District (“District”), through its Board of Supervisors (the “Board”) previously indicated its intention to construct and/or purchase certain types of infrastructure improvements and to finance a portion of the Parcel A-10 Project Improvements, as defined herein and in the Initial Assessment Resolution through the issuance of bonds, in one or more series, which bonds would be repaid by the imposition of non-ad valorem special assessments (the “Assessments”) on benefited property within the Assessment Area Two - Parcel A-10 Project Area, within the District; and
WHEREAS, the Board noticed and conducted a public hearing pursuant to Chapters 170, 190 and 197, Florida Statutes, relating to the imposition, levy, collection and enforcement of such Assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THAT:

SECTION 1.	AUTHORITY FOR THIS RESOLUTION.	This Resolution is
adopted pursuant to Chapters 170, 190 and 197, Florida Statutes, including without limitation, Section 170.08, Florida Statutes.
SECTION 2.	FINDINGS. The Board hereby finds and determines as follows:
The District is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended.
The District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct such infrastructure improvements consisting of, but not limited to, water distribution and wastewater systems, surface water management and drainage system, and landscaping, irrigation, walls, hardscapes, sidewalks and related improvements; and other infrastructure projects and services necessitated by the development of and serving lands within the Assessment Area Two - Parcel A-10 Project Area, as such term is defined in the Initial Assessment Resolution, within the District (the “Parcel A-10 Project Improvements”), all as described more particularly in the Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates, Inc., as amended and supplemented from time to time (the “Engineer’s Report”) and in the plans and specifications on file in the offices of Special District Services, Inc., located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District Offices”), which Engineer’s Report is attached hereto and made a part hereof as Exhibit A and which plans and specifications are by specific reference incorporated herein and made a part hereof.
The District is authorized by Chapter 190, Florida Statutes, to levy and impose the Assessments to pay all, or any part of, the cost of such infrastructure projects and services and to issue special assessment bonds payable from such Assessments as provided in Chapters 170, 190 and 197, Florida Statutes.
It is necessary to the public health, safety and welfare and in the best interests of the District that (i) the District provide the Parcel A-10 Project Improvements, the nature and location of which was initially described in the Initial Assessment Resolution, and described more particularly in the Engineer’s Report; and (ii) the cost of such Parcel A-10 Project Improvements be assessed against the lands within the Assessment Area Two - Parcel A-10 Project Area directly and specially benefited by such Parcel A-10 Project Improvements; and (iii) the District issue its Avenir Community Development District Special Assessment B Bonds (Parcel A-10 Project) in one or more series (the “Parcel A-10 B Bonds”) and levy Assessments within the Assessment Area Two - Parcel A-10 Project Area to provide funds for such purposes pending the receipt of such Assessments.
The provision of said Parcel A-10 Project Improvements, the levying of such Assessments and the sale and issuance of the Parcel A-10 B Bonds serves a proper, essential, and valid public purpose and is in the best interests of the District and its landowners and residents within the Assessment Area Two - Parcel A-10 Project Area.
In order to provide funds with which to pay a portion of the costs of the Parcel A- 10 Project Improvements which are to be assessed against the benefitted properties within the

Assessment Area Two - Parcel A-10 Project Area, pending the collection of such Assessments, it is necessary for the District to issue and sell its Parcel A-10 B Bonds.
Pursuant to the Initial Assessment Resolution and other resolutions, the Board determined to provide the Parcel A-10 Improvements and to defray a portion of the costs thereof by making Assessments on directly and specially benefited property and expressed an intention to issue the Parcel A-10 B Bonds, notes or other specific financing mechanisms to provide a portion of the funds needed for the Parcel A-10 Improvements prior to the collection of such Assessments. The Initial Assessment Resolution was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to the time it was adopted, the requirements of Section 170.04, Florida Statutes, had been met.
As directed by the Initial Assessment Resolution, said Initial Assessment Resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board.
As directed by the Initial Assessment Resolution, a preliminary assessment roll was adopted and filed with the Board as required by Section 170.06, Florida Statutes.
As required by Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Board adopted Resolution No. 2024-18, fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (1) the propriety and advisability of making the infrastructure improvements constituting the Parcel A-10 Project Improvements (2) the cost thereof, (3) the manner of payment therefor, and (4) the amount thereof to be assessed against each specially benefited property or parcel within the Assessment Area Two - Parcel A-10 Project Area and provided for publication of notice of such public hearing and individual mailed notice in accordance with Chapters 170, 190 and 197, Florida Statutes.
Notice of such public hearing was given by publication and also by mail as required by Section 170.07, Florida Statutes. Affidavits as to such publications and mailings are on file in the office of the Secretary of the Board at the District Offices.
On January 23, 2025, at the time and place specified in Resolution No. 2024-18, and notice referred to in paragraph (k) above, the Board met as an Equalization Board and heard and considered all complaints and testimony as to the matters described in paragraph (j) above. The Board has made such modifications in the preliminary assessment roll as it deems necessary, just and right in the making of the final assessment roll.
Having considered the estimated costs of the Parcel A-10 Project Improvements, estimates of financing costs and all complaints and evidence presented at such public hearing, the Board further finds and determines:
that the Parcel A-10 Project Cost (as defined in the Initial Assessment Resolution) of the Parcel A-10 Project Improvements is $27,436,789, as specified in the Engineer’s Report (attached as Exhibit A hereto and incorporated herein by this reference), which Engineer’s Report is hereby adopted and approved, and that the amount of such costs is reasonable and proper; and

it is reasonable, proper, just and right to assess the cost of such Parcel A-10 Project Improvements against the lands within the Assessment Area Two - Parcel A-10 Project Area within the District directly and specially benefited thereby using the method determined by the Board set forth in the Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-10 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc., as may be further supplemented (collectively, the “Assessment Report”), attached hereto as Exhibit B and incorporated herein by this reference, as amended from time to time by the Board, which results in the Assessments set forth on the final assessment roll; and
it is hereby declared that the Parcel A-10 Project Improvements will constitute a direct and special benefit to all parcels of assessable real property within Assessment Area Two – Parcel A-10 Project Area as listed on said final assessment roll and as defined in the Assessment Report, and that the benefit, in the case of each such parcel, will be equal to or in excess of the Assessments thereon when allocated as set forth in Exhibit B; and
it is in the best interests of the District that the Assessments be paid and collected as herein provided.
SECTION 3.	AUTHORIZATION OF DISTRICT PROJECT. That the Parcel A-
10 Project Improvements initially described in the Initial Assessment Resolution and more specifically identified and described in Exhibit A attached hereto, is hereby authorized and approved and the proper officers, employees and/or agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made.
SECTION 4.   ESTIMATED   COST   OF   PARCEL   A-10   PROJECT
IMPROVEMENTS. The total estimated costs of the Parcel A-10 Project Improvements and the costs to be paid by Assessments on all directly and specially benefited property are set forth in Exhibit A and Exhibit B, respectively, hereto.
SECTION 5.   EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY
OF SPECIAL ASSESSMENTS. The Assessments on parcels within the Assessment Area Two – Parcel A-10 Project Area specially benefited by the Parcel A-10 Project Improvements, all as specified in the final assessment roll set forth in Exhibit B, attached hereto, are hereby equalized, approved, confirmed and levied. Immediately following the adoption of this Resolution these Assessments, as reflected in Exhibit B, attached hereto, shall be recorded by the Secretary of the Board of the District in a special book, to be known as the “Improvement Lien Book.” The Assessment or Assessments against each respective parcel shown on such final assessment roll and interest, costs and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal with the liens of all state, county, district, municipal or other governmental taxes and superior in dignity to all other non-federal liens, titles, and claims. Prior to the issuance of any Bonds, including the Parcel A-10 B Bonds or any refunding bonds, the District may, by subsequent resolution, adjust the acreage assigned to particular parcel identification numbers listed on the final assessment roll to reflect accurate apportionment of acreage within the District amongst individual parcel identification numbers. The District may make any other such acreage and boundary adjustments

to parcels listed on the final assessment roll as may be necessary in the best interests of the District as determined by the Board by subsequent resolution. Any such adjustment in the assessment roll shall be consistent with the requirements of law. In the event the issuance of the Parcel A-10 B Bonds or any refunding bonds, by the District would result in a decrease of the Assessments, then the District shall by subsequent resolution, adopted within sixty (60) days of the sale of each series of Parcel A-10 B Bonds at a publicly noticed meeting and without the need for further public hearing, evidence such a decrease and amend the final assessment roll as shown in the Improvement Lien Book to reflect such a decrease.
SECTION 6.  FINALIZATION OF ASSESSMENTS. When the entirety of the Parcel A-10 Project Improvements have been constructed or otherwise completed to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections 170.08 and 170.09, Florida Statutes. Pursuant to the provisions of Section 170.08, Florida Statutes, regarding completion of a portion of the Parcel A-10 Project Improvements funded by the Parcel A-10 B Bonds, the District shall credit to each Assessment the difference, if any, between the Assessment as hereby made, approved and confirmed and the actual costs incurred in completing the Parcel A- 10 Project Improvements. In making such credits, no credit shall be given for bond financing costs, capitalized interest, funded reserves or bond discounts. Such credits, if any, shall be entered in the Improvement Lien Book. Once the final amount of Assessments for the entirety of the Parcel A-10 Project Improvements attributable to the Parcel A-10 B Bonds has been determined, the term “Assessment” shall, with respect to each parcel, mean the sum of the costs of those Parcel A-10 Project Improvements.
SECTION 7. PAYMENT OF ASSESSMENTS AND METHOD OF COLLECTION.
The Assessments may be paid in not more than thirty (30) annual installments of principal and interest (excluding any capitalized interest). The Assessments may be paid in full without interest at any time within thirty (30) days after the completion of the Parcel A-10 Project Improvements and the adoption by the Board of a resolution accepting the Parcel A-10 Project Improvements; provided, however, that the Board shall at any time make such adjustments by resolution, at a noticed meeting of the Board, to that payment schedule as may be necessary and in the best interests of the District to account for changes in the debt as actually issued by the District. At any time subsequent to thirty (30) days after the Parcel A-10 Project Improvements has been completed and a resolution accepting the Parcel A-10 Project Improvements has been adopted by the Board, the Assessments may be prepaid in full including interest amounts to the next succeeding interest payment date or to the second succeeding interest payment date if such a prepayment is made within forty-five (45) calendar days before an interest payment date. The owner of property subject to Assessments may prepay the entire remaining balance of the Assessments or a portion of the remaining balance of the Assessment at any time if there is also paid, in addition to the prepaid principal balance of the Assessment, an amount equal to the interest that would otherwise be due on such prepaid amount on the next succeeding interest payment date, or, if prepaid during the forty-five day period preceding such interest payment date, to the interest payment date following such next succeeding interest payment date. Prepayment of Assessments does not entitle the property owner to any discounts for early payment.

The District may elect to use the method of collecting Assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes (the “Uniform Method”). The District has heretofore taken or will use its best efforts to take as timely required, any necessary actions to comply with the provisions of said Sections 197.3632 and 197.3635, Florida Statutes. Such Assessments may be subject to all of the collection provisions of Chapter 197, Florida Statutes. Notwithstanding the above, in the event the Uniform Method of collecting its special or non-ad valorem assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law. The District may collect Assessments by directly assessing landowner(s) and enforcing said collection in any manner authorized by law. Such Assessments shall at all times be collected in a manner consistent with applicable trust indenture.
For each year the District uses the Uniform Method, the District shall enter into an agreement with the Tax Collector of Palm Beach County who may notify each owner of a lot or parcel within the District of the amount of the Assessment, including interest thereon, in the manner provided in Section 197.3635, Florida Statutes.
SECTION 8.	APPLICATION OF TRUE-UP PAYMENTS.
There may be required from time to time certain true-up payments as specified in the Assessment Report and in agreement(s) between the District and the Landowner(s) of lands within the Assessment Area Two – Parcel A-10 Project Area.
The District will take all necessary steps to ensure that true-up payments are made in a timely fashion to ensure its debt service obligations are met. The District shall record all true- up payments in its Improvement Lien Book.
The foregoing is based on the District's understanding with the developer that it intends to develop the lands within the Assessment Area Two - Parcel A-10 Project Area as described in Exhibit B. In no event shall the District collect Assessments pursuant to this Resolution in excess of the total debt service related to Parcel A-10 B Bonds issued to finance a portion of the Parcel A-10 Project Improvements, including all costs of financing and interest. The District recognizes that such events as regulatory requirements and market conditions may affect the timing and scope of the development in the District. If the strict application of the true-up methodology in the Assessment Report to any assessment reallocation pursuant to this paragraph would result in Assessments collected in excess of the District's total debt service obligation for the Parcel A-10 Project Improvements, the Board shall by resolution take appropriate action to equitably reallocate or reduce the Assessments accordingly. Further, upon the District’s review of the final plat for the developable acres, any unallocated Assessments shall become due and payable and must be paid prior to the District’s approval of that plat.
SECTION 9.	GOVERNMENTAL PROPERTY; TRANSFERS OF PROPERTY TO UNITS OF LOCAL, STATE, AND FEDERAL GOVERNMENT.  Property owned by
units of local, state, and federal government shall not be subject to the Assessments without specific consent thereto. In addition, property owned by a property owners association or homeowners association that is exempt from special assessments under Florida law shall not be subject to the Assessments. If at any time, any real property on which Assessments are imposed

by this Resolution is sold or otherwise transferred to a unit of local, state, or federal government, or similarly exempt entity (without consent of such governmental unit or entity to the imposition of Assessments thereon), all future unpaid Assessments for such tax parcel shall become due and payable to the District immediately prior to such transfer without any further action of the District.
SECTION 10.  ASSESSMENT NOTICE. The District’s Secretary is hereby authorized to record, for each series of the Parcel A-10 B Bonds, a general Notice of Assessments or Lien of Record relating the Assessments in the Official Records of Palm Beach County, Florida.
SECTION 11.  SEVERABILITY. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
SECTION 12.  CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
SECTION 13. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

APPROVED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THIS 23rd DAY OF JANUARY, 2025.
AVENIR	COMMUNITY	DEVELOPMENT DISTRICT

Jason Pierman, Secretary	Virginia Cepero, Chair, Board of Supervisors

Exhibit A:  Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates

Exhibit B: Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-10 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc.

Publication Date 2025-01-13

Subcategory Miscellaneous Notices

Keywords:
Notice of Public Hearing to Levy Assessments for POD 11

View original file

RESOLUTION NO. 2025-03
A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE CONSTRUCTION AND/OR ACQUISITION OF INFRASTRUCTURE IMPROVEMENTS CONSTITUTING THE PARCEL A-11 PROJECT IMPROVEMENTS;	EQUALIZING,	APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS TO SECURE THE DISTRICT’S SPECIAL ASSESSMENT A BONDS IN ONE OR MORE SERIES (PARCEL A-11 PROJECT) (THE “PARCEL A-11 A BONDS”) ON PROPERTY WITHIN THE ASSESSMENT AREA ONE - PARCEL A-11 PROJECT AREA WITHIN THE DISTRICT SPECIALLY BENEFITED BY THE PARCEL A-11 PROJECT IMPROVEMENTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHODS PROVIDED FOR BY CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE ITS PARCEL A-11 A BONDS; MAKING PROVISIONS FOR TRANSFERS OF REAL PROPERTY TO GOVERNMENTAL BODIES; PROVIDING FOR THE RECORDING OF AN ASSESSMENT NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
RECITALS

WHEREAS, pursuant to Resolution No. 2024-19 (the “Initial Assessment Resolution”), the Avenir Community Development District (“District”), through its Board of Supervisors (the “Board”) previously indicated its intention to construct and/or purchase certain types of infrastructure improvements and to finance a portion of the Parcel A-11 Project Improvements, as defined herein and in the Initial Assessment Resolution through the issuance of bonds, in one or more series, which bonds would be repaid by the imposition of non-ad valorem special assessments (the “Assessments”) on benefited property within the Assessment Area One - Parcel A-11 Project Area, within the District; and
WHEREAS, the Board noticed and conducted a public hearing pursuant to Chapters 170, 190 and 197, Florida Statutes, relating to the imposition, levy, collection and enforcement of such Assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THAT:

SECTION 1.	AUTHORITY FOR THIS RESOLUTION.	This Resolution is
adopted pursuant to Chapters 170, 190 and 197, Florida Statutes, including without limitation, Section 170.08, Florida Statutes.
SECTION 2.	FINDINGS. The Board hereby finds and determines as follows:
The District is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended.
The District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct such infrastructure improvements consisting of, but not limited to, water distribution and wastewater systems, surface water management and drainage system, and landscaping, irrigation, walls, hardscapes, sidewalks, and other related improvements; and other infrastructure projects and services necessitated by the development of and serving lands within the Assessment Area One - Parcel A-11 Project Area, as such term is defined in the Initial Assessment Resolution, within the District (the “Parcel A-11 Project Improvements”), all as described more particularly in the Eighth Supplemental Engineer’s Report (Parcels A-11, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates, Inc., as amended and supplemented from time to time (the “Engineer’s Report”) and in the plans and specifications on file in the offices of Special District Services, Inc., located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District Offices”), which Engineer’s Report is attached hereto and made a part hereof as Exhibit A and which plans and specifications are by specific reference incorporated herein and made a part hereof.
The District is authorized by Chapter 190, Florida Statutes, to levy and impose the Assessments to pay all, or any part of, the cost of such infrastructure projects and services and to issue special assessment bonds payable from such Assessments as provided in Chapters 170, 190 and 197, Florida Statutes.
It is necessary to the public health, safety and welfare and in the best interests of the District that (i) the District provide the Parcel A-11 Project Improvements, the nature and location of which was initially described in the Initial Assessment Resolution, and described more particularly in the Engineer’s Report; and (ii) the cost of such Parcel A-11 Project Improvements be assessed against the lands within the Assessment Area One - Parcel A-11 Project Area directly and specially benefited by such Parcel A-11 Project Improvements; and (iii) the District issue its Avenir Community Development District Special Assessment A Bonds (Parcel A-11 Project) in one or more series (the “Parcel A-11 A Bonds”) and levy Assessments within the Assessment Area One - Parcel A-11 Project Area to provide funds for such purposes pending the receipt of such Assessments.
The provision of said Parcel A-11 Project Improvements, the levying of such Assessments and the sale and issuance of the Parcel A-11 A Bonds serves a proper, essential, and valid public purpose and is in the best interests of the District and its landowners and residents within the Assessment Area One - Parcel A-11 Project Area.
In order to provide funds with which to pay a portion of the costs of the Parcel A- 11 Project Improvements which are to be assessed against the benefitted properties within the

Assessment Area One - Parcel A-11 Project Area, pending the collection of such Assessments, it is necessary for the District to issue and sell its Parcel A-11 A Bonds.
Pursuant to the Initial Assessment Resolution and other resolutions, the Board determined to provide the Parcel A-11 Improvements and to defray a portion of the costs thereof by making Assessments on directly and specially benefited property and expressed an intention to issue the Parcel A-11 A Bonds, notes or other specific financing mechanisms to provide a portion of the funds needed for the Parcel A-11 Improvements prior to the collection of such Assessments. The Initial Assessment Resolution was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to the time it was adopted, the requirements of Section 170.04, Florida Statutes, had been met.
As directed by the Initial Assessment Resolution, said Initial Assessment Resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board.
As directed by the Initial Assessment Resolution, a preliminary assessment roll was adopted and filed with the Board as required by Section 170.06, Florida Statutes.
As required by Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Board adopted Resolution No. 2024-20, fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (1) the propriety and advisability of making the infrastructure improvements constituting the Parcel A-11 Project Improvements (2) the cost thereof, (3) the manner of payment therefor, and (4) the amount thereof to be assessed against each specially benefited property or parcel within the Assessment Area One - Parcel A-11 Project Area and provided for publication of notice of such public hearing and individual mailed notice in accordance with Chapters 170, 190 and 197, Florida Statutes.
Notice of such public hearing was given by publication and also by mail as required by Section 170.07, Florida Statutes. Affidavits as to such publications and mailings are on file in the office of the Secretary of the Board at the District Offices.
On January 23, 2025, at the time and place specified in Resolution No. 2024-20, and notice referred to in paragraph (k) above, the Board met as an Equalization Board and heard and considered all complaints and testimony as to the matters described in paragraph (j) above. The Board has made such modifications in the preliminary assessment roll as it deems necessary, just and right in the making of the final assessment roll.
Having considered the estimated costs of the Parcel A-11 Project Improvements, estimates of financing costs and all complaints and evidence presented at such public hearing, the Board further finds and determines:
that the Parcel A-11 Project Cost (as defined in the Initial Assessment Resolution) of the Parcel A-11 Project Improvements is $16,654,070, as specified in the Engineer’s Report (attached as Exhibit A hereto and incorporated herein by this reference), which Engineer’s Report is hereby adopted and approved, and that the amount of such costs is reasonable and proper; and

it is reasonable, proper, just and right to assess the cost of such Parcel A-11 Project Improvements against the lands within the Assessment Area One - Parcel A-11 Project Area within the District directly and specially benefited thereby using the method determined by the Board set forth in the Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-11 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc., as may be further supplemented (collectively, the “Assessment Report”), attached hereto as Exhibit B and incorporated herein by this reference, as amended from time to time by the Board, which results in the Assessments set forth on the final assessment roll; and
it is hereby declared that the Parcel A-11 Project Improvements will constitute a direct and special benefit to all parcels of assessable real property within Assessment Area One – Parcel A-11 Project Area as listed on said final assessment roll and as defined in the Assessment Report, and that the benefit, in the case of each such parcel, will be equal to or in excess of the Assessments thereon when allocated as set forth in Exhibit B; and
it is in the best interests of the District that the Assessments be paid and collected as herein provided.
SECTION 3.	AUTHORIZATION OF DISTRICT PROJECT. That the Parcel A-
11 Project Improvements initially described in the Initial Assessment Resolution and more specifically identified and described in Exhibit A attached hereto, is hereby authorized and approved and the proper officers, employees and/or agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made.
SECTION 4.   ESTIMATED   COST   OF   PARCEL   A-11   PROJECT
IMPROVEMENTS. The total estimated costs of the Parcel A-11 Project Improvements and the costs to be paid by Assessments on all directly and specially benefited property are set forth in Exhibit A and Exhibit B, respectively, hereto.
SECTION 5.   EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY
OF SPECIAL ASSESSMENTS. The Assessments on parcels within the Assessment Area One – Parcel A-11 Project Area specially benefited by the Parcel A-11 Project Improvements, all as specified in the final assessment roll set forth in Exhibit B, attached hereto, are hereby equalized, approved, confirmed and levied. Immediately following the adoption of this Resolution these Assessments, as reflected in Exhibit B, attached hereto, shall be recorded by the Secretary of the Board of the District in a special book, to be known as the “Improvement Lien Book.” The Assessment or Assessments against each respective parcel shown on such final assessment roll and interest, costs and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal with the liens of all state, county, district, municipal or other governmental taxes and superior in dignity to all other non-federal liens, titles, and claims. Prior to the issuance of any Bonds, including the Parcel A-11 A Bonds or any refunding bonds, the District may, by subsequent resolution, adjust the acreage assigned to particular parcel identification numbers listed on the final assessment roll to reflect accurate apportionment of acreage within the District amongst individual parcel identification numbers. The District may make any other such acreage and boundary adjustments

to parcels listed on the final assessment roll as may be necessary in the best interests of the District as determined by the Board by subsequent resolution. Any such adjustment in the assessment roll shall be consistent with the requirements of law. In the event the issuance of the Parcel A-11 A Bonds or any refunding bonds, by the District would result in a decrease of the Assessments, then the District shall by subsequent resolution, adopted within sixty (60) days of the sale of each series of Parcel A-11 A Bonds at a publicly noticed meeting and without the need for further public hearing, evidence such a decrease and amend the final assessment roll as shown in the Improvement Lien Book to reflect such a decrease.
SECTION 6.  FINALIZATION OF ASSESSMENTS. When the entirety of the Parcel A-11 Project Improvements have been constructed or otherwise completed to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections 170.08 and 170.09, Florida Statutes. Pursuant to the provisions of Section 170.08, Florida Statutes, regarding completion of a portion of the Parcel A-11 Project Improvements funded by the Parcel A-11 A Bonds, the District shall credit to each Assessment the difference, if any, between the Assessment as hereby made, approved and confirmed and the actual costs incurred in completing the Parcel A- 11 Project Improvements. In making such credits, no credit shall be given for bond financing costs, capitalized interest, funded reserves or bond discounts. Such credits, if any, shall be entered in the Improvement Lien Book. Once the final amount of Assessments for the entirety of the Parcel A-11 Project Improvements attributable to the Parcel A-11 A Bonds has been determined, the term “Assessment” shall, with respect to each parcel, mean the sum of the costs of those Parcel A-11 Project Improvements.
SECTION 7. PAYMENT OF ASSESSMENTS AND METHOD OF COLLECTION.
The Assessments may be paid in not more than thirty (30) annual installments of principal and interest (excluding any capitalized interest). The Assessments may be paid in full without interest at any time within thirty (30) days after the completion of the Parcel A-11 Project Improvements and the adoption by the Board of a resolution accepting the Parcel A-11 Project Improvements; provided, however, that the Board shall at any time make such adjustments by resolution, at a noticed meeting of the Board, to that payment schedule as may be necessary and in the best interests of the District to account for changes in the debt as actually issued by the District. At any time subsequent to thirty (30) days after the Parcel A-11 Project Improvements has been completed and a resolution accepting the Parcel A-11 Project Improvements has been adopted by the Board, the Assessments may be prepaid in full including interest amounts to the next succeeding interest payment date or to the second succeeding interest payment date if such a prepayment is made within forty-five (45) calendar days before an interest payment date. The owner of property subject to Assessments may prepay the entire remaining balance of the Assessments or a portion of the remaining balance of the Assessment at any time if there is also paid, in addition to the prepaid principal balance of the Assessment, an amount equal to the interest that would otherwise be due on such prepaid amount on the next succeeding interest payment date, or, if prepaid during the forty-five day period preceding such interest payment date, to the interest payment date following such next succeeding interest payment date. Prepayment of Assessments does not entitle the property owner to any discounts for early payment.

The District may elect to use the method of collecting Assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes (the “Uniform Method”). The District has heretofore taken or will use its best efforts to take as timely required, any necessary actions to comply with the provisions of said Sections 197.3632 and 197.3635, Florida Statutes. Such Assessments may be subject to all of the collection provisions of Chapter 197, Florida Statutes. Notwithstanding the above, in the event the Uniform Method of collecting its special or non-ad valorem assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law. The District may collect Assessments by directly assessing landowner(s) and enforcing said collection in any manner authorized by law. Such Assessments shall at all times be collected in a manner consistent with applicable trust indenture.
For each year the District uses the Uniform Method, the District shall enter into an agreement with the Tax Collector of Palm Beach County who may notify each owner of a lot or parcel within the District of the amount of the Assessment, including interest thereon, in the manner provided in Section 197.3635, Florida Statutes.
SECTION 8.	APPLICATION OF TRUE-UP PAYMENTS.
There may be required from time to time certain true-up payments as specified in the Assessment Report and in agreement(s) between the District and the Landowner(s) of lands within the Assessment Area One – Parcel A-11 Project Area.
The District will take all necessary steps to ensure that true-up payments are made in a timely fashion to ensure its debt service obligations are met. The District shall record all true- up payments in its Improvement Lien Book.
The foregoing is based on the District's understanding with the developer that it intends to develop the lands within the Assessment Area One - Parcel A-11 Project Area as described in Exhibit B. In no event shall the District collect Assessments pursuant to this Resolution in excess of the total debt service related to Parcel A-11 A Bonds issued to finance a portion of the Parcel A-11 Project Improvements, including all costs of financing and interest. The District recognizes that such events as regulatory requirements and market conditions may affect the timing and scope of the development in the District. If the strict application of the true-up methodology in the Assessment Report to any assessment reallocation pursuant to this paragraph would result in Assessments collected in excess of the District's total debt service obligation for the Parcel A-11 Project Improvements, the Board shall by resolution take appropriate action to equitably reallocate or reduce the Assessments accordingly. Further, upon the District’s review of the final plat for the developable acres, any unallocated Assessments shall become due and payable and must be paid prior to the District’s approval of that plat.
SECTION 9.	GOVERNMENTAL PROPERTY; TRANSFERS OF PROPERTY TO UNITS OF LOCAL, STATE, AND FEDERAL GOVERNMENT.  Property owned by
units of local, state, and federal government shall not be subject to the Assessments without specific consent thereto. In addition, property owned by a property owners association or homeowners association that is exempt from special assessments under Florida law shall not be subject to the Assessments. If at any time, any real property on which Assessments are imposed

by this Resolution is sold or otherwise transferred to a unit of local, state, or federal government, or similarly exempt entity (without consent of such governmental unit or entity to the imposition of Assessments thereon), all future unpaid Assessments for such tax parcel shall become due and payable to the District immediately prior to such transfer without any further action of the District.
SECTION 10.  ASSESSMENT NOTICE. The District’s Secretary is hereby authorized to record, for each series of the Parcel A-11 A Bonds, a general Notice of Assessments or Lien of Record relating the Assessments in the Official Records of Palm Beach County, Florida.
SECTION 11.  SEVERABILITY. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
SECTION 12.  CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
SECTION 13. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

APPROVED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THIS 23rd DAY OF JANUARY, 2025.
AVENIR	COMMUNITY	DEVELOPMENT DISTRICT

Jason Pierman, Secretary	Virginia Cepero, Chair, Board of Supervisors

Exhibit A:  Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates

Exhibit B: Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-11 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc.

Publication Date 2025-01-13

Subcategory Miscellaneous Notices

Keywords:
Notice of Public Hearing to Levy Assessments for POD 11

View original file

RESOLUTION NO. 2025-04
A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE CONSTRUCTION AND/OR ACQUISITION OF INFRASTRUCTURE IMPROVEMENTS CONSTITUTING THE ASSESSMENT AREA ONE - PARCEL A- 11 PROJECT IMPROVEMENTS; EQUALIZING, APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS TO SECURE THE DISTRICT’S SPECIAL ASSESSMENT BONDS (PARCEL A-11 PROJECT) IN ONE OR MORE SERIES (THE “PARCEL A-11B BONDS”) ON PROPERTY WITHIN THE ASSESSMENT AREA ONE - PARCEL A-11 PROJECT AREA WITHIN THE DISTRICT SPECIALLY BENEFITED BY THE PARCEL A-11 PROJECT IMPROVEMENTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHODS PROVIDED FOR BY CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE ITS PARCEL A-11 B BONDS; MAKING PROVISIONS FOR TRANSFERS OF REAL PROPERTY TO GOVERNMENTAL BODIES; PROVIDING FOR THE RECORDING OF AN ASSESSMENT NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
RECITALS

WHEREAS, pursuant to Resolution No. 2024-21 (the “Initial Assessment Resolution”), the Avenir Community Development District (“District”), through its Board of Supervisors (the “Board”) previously indicated its intention to construct and/or purchase certain types of infrastructure improvements and to finance a portion of the Parcel A-11 Project Improvements, as defined herein and in the Initial Assessment Resolution through the issuance of bonds, in one or more series, which bonds would be repaid by the imposition of non-ad valorem special assessments (the “Assessments”) on benefited property within the Assessment Area One - Parcel A-11 Project Area, within the District; and
WHEREAS, the Board noticed and conducted a public hearing pursuant to Chapters 170, 190 and 197, Florida Statutes, relating to the imposition, levy, collection and enforcement of such Assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THAT:

SECTION 1.	AUTHORITY FOR THIS RESOLUTION.	This Resolution is
adopted pursuant to Chapters 170, 190 and 197, Florida Statutes, including without limitation, Section 170.08, Florida Statutes.
SECTION 2.	FINDINGS. The Board hereby finds and determines as follows:
The District is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended.
The District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct such infrastructure improvements consisting of, but not limited to, water distribution and wastewater systems, surface water management and drainage system, and landscaping, irrigation, walls, hardscapes, sidewalks, and other related improvements; and other infrastructure projects and services necessitated by the development of and serving lands within the Assessment Area One - Parcel A-11 Project Area, as such term is defined in the Initial Assessment Resolution, within the District (the “Parcel A-11 Project Improvements”), all as described more particularly in the Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates, Inc., as amended and supplemented from time to time (the “Engineer’s Report”) and in the plans and specifications on file in the offices of Special District Services, Inc., located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District Offices”), which Engineer’s Report is attached hereto and made a part hereof as Exhibit A and which plans and specifications are by specific reference incorporated herein and made a part hereof.
The District is authorized by Chapter 190, Florida Statutes, to levy and impose the Assessments to pay all, or any part of, the cost of such infrastructure projects and services and to issue special assessment bonds payable from such Assessments as provided in Chapters 170, 190 and 197, Florida Statutes.
It is necessary to the public health, safety and welfare and in the best interests of the District that (i) the District provide the Parcel A-11 Project Improvements, the nature and location of which was initially described in the Initial Assessment Resolution, and described more particularly in the Engineer’s Report; and (ii) the cost of such Parcel A-11 Project Improvements be assessed against the lands within the Assessment Area One - Parcel A-11 Project Area directly and specially benefited by such Parcel A-11 Project Improvements; and (iii) the District issue its Avenir Community Development District Special Assessment Bonds (Parcel A-11 Project) in one or more series (the “Parcel A-11 B Bonds”) and levy Assessments within the Assessment Area One - Parcel A-11 Project Area to provide funds for such purposes pending the receipt of such Assessments.
The provision of said Parcel A-11 Project Improvements, the levying of such Assessments and the sale and issuance of the Parcel A-11 B Bonds serves a proper, essential, and valid public purpose and is in the best interests of the District and its landowners and residents within the Assessment Area One - Parcel A-11 Project Area.
In order to provide funds with which to pay a portion of the costs of the Parcel A- 11 Project Improvements which are to be assessed against the benefitted properties within the

Assessment Area One - Parcel A-11 Project Area, pending the collection of such Assessments, it is necessary for the District to issue and sell its Parcel A-11 B Bonds.
Pursuant to the Initial Assessment Resolution and other resolutions, the Board determined to provide the Parcel A-11 Improvements and to defray a portion of the costs thereof by making Assessments on directly and specially benefited property and expressed an intention to issue the Parcel A-11 B Bonds, notes or other specific financing mechanisms to provide a portion of the funds needed for the Parcel A-11 Improvements prior to the collection of such Assessments. The Initial Assessment Resolution was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to the time it was adopted, the requirements of Section 170.04, Florida Statutes, had been met.
As directed by the Initial Assessment Resolution, said Initial Assessment Resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board.
As directed by the Initial Assessment Resolution, a preliminary assessment roll was adopted and filed with the Board as required by Section 170.06, Florida Statutes.
As required by Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Board adopted Resolution No. 2024-22, fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (1) the propriety and advisability of making the infrastructure improvements constituting the Parcel A-11 Project Improvements (2) the cost thereof, (3) the manner of payment therefor, and (4) the amount thereof to be assessed against each specially benefited property or parcel within the Assessment Area Two - Parcel A-11 Project Area and provided for publication of notice of such public hearing and individual mailed notice in accordance with Chapters 170, 190 and 197, Florida Statutes.
Notice of such public hearing was given by publication and also by mail as required by Section 170.07, Florida Statutes. Affidavits as to such publications and mailings are on file in the office of the Secretary of the Board at the District Offices.
On January 23, 2025, at the time and place specified in Resolution No. 2024-22, and notice referred to in paragraph (k) above, the Board met as an Equalization Board and heard and considered all complaints and testimony as to the matters described in paragraph (j) above. The Board has made such modifications in the preliminary assessment roll as it deems necessary, just and right in the making of the final assessment roll.
Having considered the estimated costs of the Parcel A-11 Project Improvements, estimates of financing costs and all complaints and evidence presented at such public hearing, the Board further finds and determines:
that the Parcel A-11 Project Cost (as defined in the Initial Assessment Resolution) of the Parcel A-11 Project Improvements is $16,654,070, as specified in the Engineer’s Report (attached as Exhibit A hereto and incorporated herein by this reference), which Engineer’s Report is hereby adopted and approved, and that the amount of such costs is reasonable and proper; and

it is reasonable, proper, just and right to assess the cost of such Parcel A-11 Project Improvements against the lands within the Assessment Area One - Parcel A-11 Project Area within the District directly and specially benefited thereby using the method determined by the Board set forth in the Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-11 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc., as may be further supplemented (collectively, the “Assessment Report”), attached hereto as Exhibit B and incorporated herein by this reference, as amended from time to time by the Board, which results in the Assessments set forth on the final assessment roll; and
it is hereby declared that the Parcel A-11 Project Improvements will constitute a direct and special benefit to all parcels of assessable real property within Assessment Area One – Parcel A-11 Project Area as listed on said final assessment roll and as defined in the Assessment Report, and that the benefit, in the case of each such parcel, will be equal to or in excess of the Assessments thereon when allocated as set forth in Exhibit B; and
it is in the best interests of the District that the Assessments be paid and collected as herein provided.
SECTION 3.	AUTHORIZATION OF DISTRICT PROJECT. That the Parcel A-
11 Project Improvements initially described in the Initial Assessment Resolution and more specifically identified and described in Exhibit A attached hereto, is hereby authorized and approved and the proper officers, employees and/or agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made.
SECTION 4.   ESTIMATED   COST   OF   PARCEL   A-11   PROJECT
IMPROVEMENTS. The total estimated costs of the Parcel A-11 Project Improvements and the costs to be paid by Assessments on all directly and specially benefited property are set forth in Exhibit A and Composite Exhibit B, respectively, hereto.
SECTION 5.   EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY
OF SPECIAL ASSESSMENTS. The Assessments on parcels within the Assessment Area One – Parcel A-11 Project Area specially benefited by the Parcel A-11 Project Improvements, all as specified in the final assessment roll set forth in Exhibit B, attached hereto, are hereby equalized, approved, confirmed and levied. Immediately following the adoption of this Resolution these Assessments, as reflected in Exhibit B, attached hereto, shall be recorded by the Secretary of the Board of the District in a special book, to be known as the “Improvement Lien Book.” The Assessment or Assessments against each respective parcel shown on such final assessment roll and interest, costs and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal with the liens of all state, county, district, municipal or other governmental taxes and superior in dignity to all other non-federal liens, titles, and claims. Prior to the issuance of any Bonds, including the Parcel A-11 B Bonds or any refunding bonds, the District may, by subsequent resolution, adjust the acreage assigned to particular parcel identification numbers listed on the final assessment roll to reflect accurate apportionment of acreage within the District amongst individual parcel identification numbers. The District may make any other such acreage and boundary adjustments

to parcels listed on the final assessment roll as may be necessary in the best interests of the District as determined by the Board by subsequent resolution. Any such adjustment in the assessment roll shall be consistent with the requirements of law. In the event the issuance of the Parcel A-11 B Bonds or any refunding bonds, by the District would result in a decrease of the Assessments, then the District shall by subsequent resolution, adopted within sixty (60) days of the sale of each series of Parcel A-11 B Bonds at a publicly noticed meeting and without the need for further public hearing, evidence such a decrease and amend the final assessment roll as shown in the Improvement Lien Book to reflect such a decrease.
SECTION 6.  FINALIZATION OF ASSESSMENTS. When the entirety of the Parcel A-11 Project Improvements have been constructed or otherwise completed to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections 170.08 and 170.09, Florida Statutes. Pursuant to the provisions of Section 170.08, Florida Statutes, regarding completion of a portion of the Parcel A-11 Project Improvements funded by the Parcel A-11 B Bonds, the District shall credit to each Assessment the difference, if any, between the Assessment as hereby made, approved and confirmed and the actual costs incurred in completing the Parcel A- 11 Project Improvements. In making such credits, no credit shall be given for bond financing costs, capitalized interest, funded reserves or bond discounts. Such credits, if any, shall be entered in the Improvement Lien Book. Once the final amount of Assessments for the entirety of the Parcel A-11 Project Improvements attributable to the Parcel A-11 B Bonds has been determined, the term “Assessment” shall, with respect to each parcel, mean the sum of the costs of those Parcel A-11 Project Improvements.
SECTION 7. PAYMENT OF ASSESSMENTS AND METHOD OF COLLECTION.
The Assessments may be paid in not more than thirty (30) annual installments of principal and interest (excluding any capitalized interest). The Assessments may be paid in full without interest at any time within thirty (30) days after the completion of the Parcel A-11 Project Improvements and the adoption by the Board of a resolution accepting the Parcel A-11 Project Improvements; provided, however, that the Board shall at any time make such adjustments by resolution, at a noticed meeting of the Board, to that payment schedule as may be necessary and in the best interests of the District to account for changes in the debt as actually issued by the District. At any time subsequent to thirty (30) days after the Parcel A-11 Project Improvements has been completed and a resolution accepting the Parcel A-11 Project Improvements has been adopted by the Board, the Assessments may be prepaid in full including interest amounts to the next succeeding interest payment date or to the second succeeding interest payment date if such a prepayment is made within forty-five (45) calendar days before an interest payment date. The owner of property subject to Assessments may prepay the entire remaining balance of the Assessments or a portion of the remaining balance of the Assessment at any time if there is also paid, in addition to the prepaid principal balance of the Assessment, an amount equal to the interest that would otherwise be due on such prepaid amount on the next succeeding interest payment date, or, if prepaid during the forty-five day period preceding such interest payment date, to the interest payment date following such next succeeding interest payment date. Prepayment of Assessments does not entitle the property owner to any discounts for early payment.

The District may elect to use the method of collecting Assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes (the “Uniform Method”). The District has heretofore taken or will use its best efforts to take as timely required, any necessary actions to comply with the provisions of said Sections 197.3632 and 197.3635, Florida Statutes. Such Assessments may be subject to all of the collection provisions of Chapter 197, Florida Statutes. Notwithstanding the above, in the event the Uniform Method of collecting its special or non-ad valorem assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law. The District may collect Assessments by directly assessing landowner(s) and enforcing said collection in any manner authorized by law. Such Assessments shall at all times be collected in a manner consistent with applicable trust indenture.
For each year the District uses the Uniform Method, the District shall enter into an agreement with the Tax Collector of Palm Beach County who may notify each owner of a lot or parcel within the District of the amount of the Assessment, including interest thereon, in the manner provided in Section 197.3635, Florida Statutes.
SECTION 8.	APPLICATION OF TRUE-UP PAYMENTS.
There may be required from time to time certain true-up payments as specified in the Assessment Report and in agreement(s) between the District and the Landowner(s) of lands within the Assessment Area One – Parcel A-11 Project Area.
The District will take all necessary steps to ensure that true-up payments are made in a timely fashion to ensure its debt service obligations are met. The District shall record all true- up payments in its Improvement Lien Book.
The foregoing is based on the District's understanding with the developer that it intends to develop the lands within the Assessment Area One - Parcel A-11 Project Area as described in Exhibit B. In no event shall the District collect Assessments pursuant to this Resolution in excess of the total debt service related to Parcel A-11 B Bonds issued to finance a portion of the Parcel A-11 Project Improvements, including all costs of financing and interest. The District recognizes that such events as regulatory requirements and market conditions may affect the timing and scope of the development in the District. If the strict application of the true-up methodology in the Assessment Report to any assessment reallocation pursuant to this paragraph would result in Assessments collected in excess of the District's total debt service obligation for the Parcel A-11 Project Improvements, the Board shall by resolution take appropriate action to equitably reallocate or reduce the Assessments accordingly. Further, upon the District’s review of the final plat for the developable acres, any unallocated Assessments shall become due and payable and must be paid prior to the District’s approval of that plat.
SECTION 9.	GOVERNMENTAL PROPERTY; TRANSFERS OF PROPERTY TO UNITS OF LOCAL, STATE, AND FEDERAL GOVERNMENT.  Property owned by
units of local, state, and federal government shall not be subject to the Assessments without specific consent thereto. In addition, property owned by a property owners association or homeowners association that is exempt from special assessments under Florida law shall not be subject to the Assessments. If at any time, any real property on which Assessments are imposed

by this Resolution is sold or otherwise transferred to a unit of local, state, or federal government, or similarly exempt entity (without consent of such governmental unit or entity to the imposition of Assessments thereon), all future unpaid Assessments for such tax parcel shall become due and payable to the District immediately prior to such transfer without any further action of the District.
SECTION 10.  ASSESSMENT NOTICE. The District’s Secretary is hereby authorized to record, for each series of the Parcel A-11 B Bonds, a general Notice of Assessments or Lien of Record relating the Assessments in the Official Records of Palm Beach County, Florida.
SECTION 11.  SEVERABILITY. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
SECTION 12.  CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
SECTION 13. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

APPROVED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THIS 23rd DAY OF JANUARY, 2025.
AVENIR	COMMUNITY	DEVELOPMENT DISTRICT

Jason Pierman, Secretary	Virginia Cepero, Chair, Board of Supervisors

Exhibit A:  Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates

Exhibit B: Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-11 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc.

Publication Date 2025-01-13

Subcategory Miscellaneous Notices

Keywords:
Notice of Public Hearing to Levy Assessments for POD 21

View original file

RESOLUTION NO. 2025-05
A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE CONSTRUCTION AND/OR ACQUISITION OF INFRASTRUCTURE IMPROVEMENTS CONSTITUTING THE PARCEL A-21 PROJECT IMPROVEMENTS;	EQUALIZING,	APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS TO SECURE THE DISTRICT’S SPECIAL ASSESSMENT BONDS (PARCEL A-21 PROJECT) IN ONE OR MORE SERIES (THE “PARCEL A-21 A BONDS”) ON PROPERTY WITHIN THE ASSESSMENT AREA TWO – PARCEL A-21 PROJECT AREA WITHIN THE DISTRICT SPECIALLY BENEFITED BY THE PARCEL A-21 PROJECT IMPROVEMENTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHODS PROVIDED FOR BY CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE ITS PARCEL A-21 A BONDS; MAKING PROVISIONS FOR TRANSFERS OF REAL PROPERTY TO GOVERNMENTAL BODIES; PROVIDING FOR THE RECORDING OF AN ASSESSMENT NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
RECITALS

WHEREAS, pursuant to Resolution No. 2024-23 (the “Initial Assessment Resolution”), the Avenir Community Development District (“District”), through its Board of Supervisors (the “Board”) previously indicated its intention to construct and/or purchase certain types of infrastructure improvements and to finance a portion of the Parcel A-21 Project Improvements, as defined herein and in the Initial Assessment Resolution through the issuance of bonds, in one or more series, which bonds would be repaid by the imposition of non-ad valorem special assessments (the “Assessments”) on benefited property within the Assessment Area Two - Parcel A-21 Project Area, within the District; and
WHEREAS, the Board noticed and conducted a public hearing pursuant to Chapters 170, 190 and 197, Florida Statutes, relating to the imposition, levy, collection and enforcement of such Assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THAT:

SECTION 1.	AUTHORITY FOR THIS RESOLUTION.	This Resolution is
adopted pursuant to Chapters 170, 190 and 197, Florida Statutes, including without limitation, Section 170.08, Florida Statutes.
SECTION 2.	FINDINGS. The Board hereby finds and determines as follows:
The District is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended.
The District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct such infrastructure improvements consisting of, but not limited to, water distribution and wastewater systems, surface water management and drainage system, and landscaping, irrigation, walls, hardscapes, sidewalks and other related improvements; and other infrastructure projects and services necessitated by the development of and serving lands within the Assessment Area Two - Parcel A-21 Project Area, as such term is defined in the Initial Assessment Resolution, within the District (the “Parcel A-21 Project Improvements”), all as described more particularly in the Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates, Inc., as amended and supplemented from time to time (the “Engineer’s Report”) and in the plans and specifications on file in the offices of Special District Services, Inc., located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District Offices”), which Engineer’s Report is attached hereto and made a part hereof as Exhibit A and which plans and specifications are by specific reference incorporated herein and made a part hereof.
The District is authorized by Chapter 190, Florida Statutes, to levy and impose the Assessments to pay all, or any part of, the cost of such infrastructure projects and services and to issue special assessment bonds payable from such Assessments as provided in Chapters 170, 190 and 197, Florida Statutes.
It is necessary to the public health, safety and welfare and in the best interests of the District that (i) the District provide the Parcel A-21 Project Improvements, the nature and location of which was initially described in the Initial Assessment Resolution, and described more particularly in the Engineer’s Report; and (ii) the cost of such Parcel A-21 Project Improvements be assessed against the lands within the Assessment Area Two - Parcel A-21 Project Area directly and specially benefited by such Parcel A-21 Project Improvements; and (iii) the District issue its Avenir Community Development District Special Assessment Bonds (Parcel A-21 Project) in one or more series (the “Parcel A-21 A Bonds”) and levy Assessments within the Assessment Area Two - Parcel A-21 Project Area to provide funds for such purposes pending the receipt of such Assessments.
The provision of said Parcel A-21 Project Improvements, the levying of such Assessments and the sale and issuance of the Parcel A-21 A Bonds serves a proper, essential, and valid public purpose and is in the best interests of the District and its landowners and residents within the Assessment Area Two - Parcel A-21 Project Area.
In order to provide funds with which to pay a portion of the costs of the Parcel A- 21 Project Improvements which are to be assessed against the benefitted properties within the

Assessment Area Two - Parcel A-21 Project Area, pending the collection of such Assessments, it is necessary for the District to issue and sell its Parcel A-21 A Bonds.
Pursuant to the Initial Assessment Resolution and other resolutions, the Board determined to provide the Parcel A-21 Improvements and to defray a portion of the costs thereof by making Assessments on directly and specially benefited property and expressed an intention to issue the Parcel A-21 A Bonds, notes or other specific financing mechanisms to provide a portion of the funds needed for the Parcel A-21 Improvements prior to the collection of such Assessments. The Initial Assessment Resolution was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to the time it was adopted, the requirements of Section 170.04, Florida Statutes, had been met.
As directed by the Initial Assessment Resolution, said Initial Assessment Resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board.
As directed by the Initial Assessment Resolution, a preliminary assessment roll was adopted and filed with the Board as required by Section 170.06, Florida Statutes.
As required by Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Board adopted Resolution No. 2024-24, fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (1) the propriety and advisability of making the infrastructure improvements constituting the Parcel A-21 Project Improvements (2) the cost thereof, (3) the manner of payment therefor, and (4) the amount thereof to be assessed against each specially benefited property or parcel within the Assessment Area Two - Parcel A-21 Project Area and provided for publication of notice of such public hearing and individual mailed notice in accordance with Chapters 170, 190 and 197, Florida Statutes.
Notice of such public hearing was given by publication and also by mail as required by Section 170.07, Florida Statutes. Affidavits as to such publications and mailings are on file in the office of the Secretary of the Board at the District Offices.
On January 23, 2025, at the time and place specified in Resolution No. 2024-24, and notice referred to in paragraph (k) above, the Board met as an Equalization Board and heard and considered all complaints and testimony as to the matters described in paragraph (j) above. The Board has made such modifications in the preliminary assessment roll as it deems necessary, just and right in the making of the final assessment roll.
Having considered the estimated costs of the Parcel A-21 Project Improvements, estimates of financing costs and all complaints and evidence presented at such public hearing, the Board further finds and determines:
that the Parcel A-21 Project Cost (as defined in the Initial Assessment Resolution) of the Parcel A-21 Project Improvements is $16,654,070, as specified in the Engineer’s Report (attached as Exhibit A hereto and incorporated herein by this reference), which Engineer’s Report is hereby adopted and approved, and that the amount of such costs is reasonable and proper; and

it is reasonable, proper, just and right to assess the cost of such Parcel A-21 Project Improvements against the lands within the Assessment Area Two - Parcel A-21 Project Area within the District specially benefited thereby using the method determined by the Board set forth in the Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-21 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc., as may be further supplemented (collectively, the “Assessment Report”), attached hereto as Exhibit B and incorporated herein by this reference, as amended from time to time by the Board, which results in the Assessments set forth on the final assessment roll; and
it is hereby declared that the Parcel A-21 Project Improvements will constitute a direct and special benefit to all parcels of assessable real property within Assessment Area Two – Parcel A-21 Project Area as listed on said final assessment roll and as defined in the Assessment Report, and that the benefit, in the case of each such parcel, will be equal to or in excess of the Assessments thereon when allocated as set forth in Exhibit B; and
it is in the best interests of the District that the Assessments be paid and collected as herein provided.
SECTION 3.	AUTHORIZATION OF DISTRICT PROJECT. That the Parcel A-
21 Project Improvements initially described in the Initial Assessment Resolution and more specifically identified and described in Exhibit A attached hereto, is hereby authorized and approved and the proper officers, employees and/or agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made.
SECTION 4.   ESTIMATED   COST   OF   PARCEL   A-21   PROJECT
IMPROVEMENTS. The total estimated costs of the Parcel A-21 Project Improvements and the costs to be paid by Assessments on all directly and specially benefited property are set forth in Exhibit A and Exhibit B, respectively, hereto.
SECTION 5.   EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY
OF SPECIAL ASSESSMENTS. The Assessments on parcels within the Assessment Area Two – Parcel A-21 Project Area specially benefited by the Parcel A-21 Project Improvements, all as specified in the final assessment roll set forth in Exhibit B, attached hereto, are hereby equalized, approved, confirmed and levied. Immediately following the adoption of this Resolution these Assessments, as reflected in Exhibit B, attached hereto, shall be recorded by the Secretary of the Board of the District in a special book, to be known as the “Improvement Lien Book.” The Assessment or Assessments against each respective parcel shown on such final assessment roll and interest, costs and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal with the liens of all state, county, district, municipal or other governmental taxes and superior in dignity to all other non-federal liens, titles, and claims. Prior to the issuance of any Bonds, including the Parcel A-21 A Bonds or any refunding bonds, the District may, by subsequent resolution, adjust the acreage assigned to particular parcel identification numbers listed on the final assessment roll to reflect accurate apportionment of acreage within the District amongst individual parcel identification numbers. The District may make any other such acreage and boundary adjustments

to parcels listed on the final assessment roll as may be necessary in the best interests of the District as determined by the Board by subsequent resolution. Any such adjustment in the assessment roll shall be consistent with the requirements of law. In the event the issuance of the Parcel A-21 A Bonds or any refunding bonds, by the District would result in a decrease of the Assessments, then the District shall by subsequent resolution, adopted within sixty (60) days of the sale of each series of Parcel A-21 A Bonds at a publicly noticed meeting and without the need for further public hearing, evidence such a decrease and amend the final assessment roll as shown in the Improvement Lien Book to reflect such a decrease.
SECTION 6.  FINALIZATION OF ASSESSMENTS. When the entirety of the Parcel A-21 Project Improvements have been constructed or otherwise completed to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections 170.08 and 170.09, Florida Statutes. Pursuant to the provisions of Section 170.08, Florida Statutes, regarding completion of a portion of the Parcel A-21 Project Improvements funded by the Parcel A-21 A Bonds, the District shall credit to each Assessment the difference, if any, between the Assessment as hereby made, approved and confirmed and the actual costs incurred in completing the Parcel A- 21 Project Improvements. In making such credits, no credit shall be given for bond financing costs, capitalized interest, funded reserves or bond discounts. Such credits, if any, shall be entered in the Improvement Lien Book. Once the final amount of Assessments for the entirety of the Parcel A-21 Project Improvements attributable to the Parcel A-21 A Bonds has been determined, the term “Assessment” shall, with respect to each parcel, mean the sum of those costs of the Parcel A-21 Project Improvements.
SECTION 7. PAYMENT OF ASSESSMENTS AND METHOD OF COLLECTION.
The Assessments may be paid in not more than thirty (30) annual installments of principal and interest (excluding any capitalized interest). The Assessments may be paid in full without interest at any time within thirty (30) days after the completion of the Parcel A-21 Project Improvements and the adoption by the Board of a resolution accepting the Parcel A-21 Project Improvements; provided, however, that the Board shall at any time make such adjustments by resolution, at a noticed meeting of the Board, to that payment schedule as may be necessary and in the best interests of the District to account for changes in the debt as actually issued by the District. At any time subsequent to thirty (30) days after the Parcel A-21 Project Improvements has been completed and a resolution accepting the Parcel A-21 Project Improvements has been adopted by the Board, the Assessments may be prepaid in full including interest amounts to the next succeeding interest payment date or to the second succeeding interest payment date if such a prepayment is made within forty-five (45) calendar days before an interest payment date. The owner of property subject to Assessments may prepay the entire remaining balance of the Assessments or a portion of the remaining balance of the Assessment at any time if there is also paid, in addition to the prepaid principal balance of the Assessment, an amount equal to the interest that would otherwise be due on such prepaid amount on the next succeeding interest payment date, or, if prepaid during the forty-five day period preceding such interest payment date, to the interest payment date following such next succeeding interest payment date. Prepayment of Assessments does not entitle the property owner to any discounts for early payment.

The District may elect to use the method of collecting Assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes (the “Uniform Method”). The District has heretofore taken or will use its best efforts to take as timely required, any necessary actions to comply with the provisions of said Sections 197.3632 and 197.3635, Florida Statutes. Such Assessments may be subject to all of the collection provisions of Chapter 197, Florida Statutes. Notwithstanding the above, in the event the Uniform Method of collecting its special or non-ad valorem assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law. The District may collect Assessments by directly assessing landowner(s) and enforcing said collection in any manner authorized by law. Such Assessments shall at all times be collected in a manner consistent with applicable trust indenture.
For each year the District uses the Uniform Method, the District shall enter into an agreement with the Tax Collector of Palm Beach County who may notify each owner of a lot or parcel within the District of the amount of the Assessment, including interest thereon, in the manner provided in Section 197.3635, Florida Statutes.
SECTION 8.	APPLICATION OF TRUE-UP PAYMENTS.
There may be required from time to time certain true-up payments as specified in the Assessment Report and in agreement(s) between the District and the Landowner(s) of lands within the Assessment Area Two – Parcel A-21 Project Area.
The District will take all necessary steps to ensure that true-up payments are made in a timely fashion to ensure its debt service obligations are met. The District shall record all true- up payments in its Improvement Lien Book.
The foregoing is based on the District's understanding with the developer that it intends to develop the lands within the Assessment Area Two - Parcel A-21 Project Area as described in Exhibit B. In no event shall the District collect Assessments pursuant to this Resolution in excess of the total debt service related to Parcel A-21 A Bonds issued to finance a portion of the Parcel A-21 Project Improvements, including all costs of financing and interest. The District recognizes that such events as regulatory requirements and market conditions may affect the timing and scope of the development in the District. If the strict application of the true-up methodology in the Assessment Report to any assessment reallocation pursuant to this paragraph would result in Assessments collected in excess of the District's total debt service obligation for the Parcel A-21 Project Improvements, the Board shall by resolution take appropriate action to equitably reallocate or reduce the Assessments accordingly. Further, upon the District’s review of the final plat for the developable acres, any unallocated Assessments shall become due and payable and must be paid prior to the District’s approval of that plat.
SECTION 9.	GOVERNMENTAL PROPERTY; TRANSFERS OF PROPERTY TO UNITS OF LOCAL, STATE, AND FEDERAL GOVERNMENT.  Property owned by
units of local, state, and federal government shall not be subject to the Assessments without specific consent thereto. In addition, property owned by a property owners association or homeowners association that is exempt from special assessments under Florida law shall not be subject to the Assessments. If at any time, any real property on which Assessments are imposed

by this Resolution is sold or otherwise transferred to a unit of local, state, or federal government, or similarly exempt entity (without consent of such governmental unit or entity to the imposition of Assessments thereon), all future unpaid Assessments for such tax parcel shall become due and payable to the District immediately prior to such transfer without any further action of the District.
SECTION 10.  ASSESSMENT NOTICE. The District’s Secretary is hereby authorized to record, for each series of the Parcel A-21 A Bonds, a general Notice of Assessments or Lien of Record relating the Assessments in the Official Records of Palm Beach County, Florida.
SECTION 11.  SEVERABILITY. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
SECTION 12.  CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
SECTION 13. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

APPROVED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THIS 23rd DAY OF JANUARY, 2025.
AVENIR	COMMUNITY	DEVELOPMENT DISTRICT

Jason Pierman, Secretary	Virginia Cepero, Chair, Board of Supervisors

Exhibit A:  Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates

Exhibit B: Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-21 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc.

Publication Date 2025-01-13

Subcategory Miscellaneous Notices

Keywords:
Notice of Public Hearing to Levy Assessments for POD 21

View original file

RESOLUTION NO. 2025-06
A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) AUTHORIZING THE CONSTRUCTION AND/OR ACQUISITION OF INFRASTRUCTURE IMPROVEMENTS CONSTITUTING THE PARCEL A-21 PROJECT IMPROVEMENTS;	EQUALIZING,	APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS TO SECURE THE DISTRICT’S SPECIAL ASSESSMENT BONDS (PARCEL A-21 PROJECT) IN ONE OR MORE SERIES (THE “PARCEL A-21 B BONDS”) ON PROPERTY WITHIN THE ASSESSMENT AREA TWO – PARCEL A-21 PROJECT AREA WITHIN THE DISTRICT SPECIALLY BENEFITED BY THE PARCEL A-21 PROJECT IMPROVEMENTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHODS PROVIDED FOR BY CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE ITS PARCEL A-21 B BONDS; MAKING PROVISIONS FOR TRANSFERS OF REAL PROPERTY TO GOVERNMENTAL BODIES; PROVIDING FOR THE RECORDING OF AN ASSESSMENT NOTICE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
RECITALS

WHEREAS, pursuant to Resolution No. 2024-25 (the “Initial Assessment Resolution”), the Avenir Community Development District (“District”), through its Board of Supervisors (the “Board”) previously indicated its intention to construct and/or purchase certain types of infrastructure improvements and to finance a portion of the Parcel A-21 Project Improvements, as defined herein and in the Initial Assessment Resolution through the issuance of bonds, in one or more series, which bonds would be repaid by the imposition of non-ad valorem special assessments (the “Assessments”) on benefited property within the Assessment Area Two - Parcel A-21 Project Area, within the District; and
WHEREAS, the Board noticed and conducted a public hearing pursuant to Chapters 170, 190 and 197, Florida Statutes, relating to the imposition, levy, collection and enforcement of such Assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THAT:

SECTION 1.	AUTHORITY FOR THIS RESOLUTION.	This Resolution is
adopted pursuant to Chapters 170, 190 and 197, Florida Statutes, including without limitation, Section 170.08, Florida Statutes.
SECTION 2.	FINDINGS. The Board hereby finds and determines as follows:
The District is a local unit of special-purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended.
The District is authorized by Chapter 190, Florida Statutes, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct such infrastructure improvements consisting of, but not limited to, water distribution and wastewater systems, surface water management and drainage system, and landscaping, irrigation, walls, hardscapes, sidewalks and other related improvements; and other infrastructure projects and services necessitated by the development of and serving lands within the Assessment Area Two - Parcel A-21 Project Area, as such term is defined in the Initial Assessment Resolution, within the District (the “Parcel A-21 Project Improvements”), all as described more particularly in the Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates, Inc., as amended and supplemented from time to time (the “Engineer’s Report”) and in the plans and specifications on file in the offices of Special District Services, Inc., located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District Offices”), which Engineer’s Report is attached hereto and mad a part hereof as Exhibit A and which plans and specifications are by specific reference incorporated herein and made a part hereof.
The District is authorized by Chapter 190, Florida Statutes, to levy and impose the Assessments to pay all, or any part of, the cost of such infrastructure projects and services and to issue special assessment bonds payable from such Assessments as provided in Chapters 170, 190 and 197, Florida Statutes.
It is necessary to the public health, safety and welfare and in the best interests of the District that (i) the District provide the Parcel A-21 Project Improvements, the nature and location of which was initially described in the Initial Assessment Resolution, and described more particularly in the Engineer’s Report; and (ii) the cost of such Parcel A-21 Project Improvements be assessed against the lands within the Assessment Area Two - Parcel A-21 Project Area directly and specially benefited by such Parcel A-21 Project Improvements; and (iii) the District issue its Avenir Community Development District Special Assessment Bonds (Parcel A-21 Project) in one or more series (the “Parcel A-21 B Bonds”) and levy Assessments within the Assessment Area Two - Parcel A-21 Project Area to provide funds for such purposes pending the receipt of such Assessments.
The provision of said Parcel A-21 Project Improvements, the levying of such Assessments and the sale and issuance of the Parcel A-21 B Bonds serves a proper, essential, and valid public purpose and is in the best interests of the District and its landowners and residents within the Assessment Area Two - Parcel A-21 Project Area.
In order to provide funds with which to pay a portion of the costs of the Parcel A- 21 Project Improvements which are to be assessed against the benefitted properties within the

Assessment Area Two - Parcel A-21 Project Area, pending the collection of such Assessments, it is necessary for the District to issue and sell its Parcel A-21 B Bonds.
Pursuant to the Initial Assessment Resolution and other resolutions, the Board determined to provide the Parcel A-21 Improvements and to defray a portion of the costs thereof by making Assessments on directly and specially benefited property and expressed an intention to issue the Parcel A-21 B Bonds, notes or other specific financing mechanisms to provide a portion of the funds needed for the Parcel A-21 Improvements prior to the collection of such Assessments. The Initial Assessment Resolution was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to the time it was adopted, the requirements of Section 170.04, Florida Statutes, had been met.
As directed by the Initial Assessment Resolution, said Initial Assessment Resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board.
As directed by the Initial Assessment Resolution, a preliminary assessment roll was adopted and filed with the Board as required by Section 170.06, Florida Statutes.
As required by Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Board adopted Resolution No. 2024-26, fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (1) the propriety and advisability of making the infrastructure improvements constituting the Parcel A-21 Project Improvements (2) the cost thereof, (3) the manner of payment therefor, and (4) the amount thereof to be assessed against each specially benefited property or parcel within the Assessment Area Two - Parcel A-21 Project Area and provided for publication of notice of such public hearing and individual mailed notice in accordance with Chapters 170, 190 and 197, Florida Statutes.
Notice of such public hearing was given by publication and also by mail as required by Section 170.07, Florida Statutes. Affidavits as to such publications and mailings are on file in the office of the Secretary of the Board at the District Offices.
On January 23, 2025, at the time and place specified in Resolution No. 2024-26, and notice referred to in paragraph (k) above, the Board met as an Equalization Board and heard and considered all complaints and testimony as to the matters described in paragraph (j) above. The Board has made such modifications in the preliminary assessment roll as it deems necessary, just and right in the making of the final assessment roll.
Having considered the estimated costs of the Parcel A-21 Project Improvements, estimates of financing costs and all complaints and evidence presented at such public hearing, the Board further finds and determines:
that the Parcel A-11 Project Cost (as defined in the Initial Assessment Resolution) of the Parcel A-21 Project Improvements is $15,619,792, as specified in the Engineer’s Report (attached as Exhibit A hereto and incorporated herein by this reference), which Engineer’s Report is hereby adopted and approved, and that the amount of such costs is reasonable and proper; and

it is reasonable, proper, just and right to assess the cost of such Parcel A-21 Project Improvements against the lands within the Assessment Area Two - Parcel A-21 Project Area within the District specially benefited thereby using the method determined by the Board set forth in the Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-21 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc., as may be further supplemented (collectively, the “Assessment Report”), attached hereto as Exhibit B and incorporated herein by this reference, as amended from time to time by the Board, which results in the Assessments set forth on the final assessment roll; and
it is hereby declared that the Parcel A-21 Project Improvements will constitute a direct and special benefit to all parcels of assessable real property within Assessment Area Two – Parcel A-21 Project Area as listed on said final assessment roll and as defined in the Assessment Report, and that the benefit, in the case of each such parcel, will be equal to or in excess of the Assessments thereon when allocated as set forth in Exhibit B; and
it is in the best interests of the District that the Assessments be paid and collected as herein provided.
SECTION 3.	AUTHORIZATION OF DISTRICT PROJECT. That the Parcel A-
21 Project Improvements initially described in the Initial Assessment Resolution and more specifically identified and described in Exhibit A attached hereto, is hereby authorized and approved and the proper officers, employees and/or agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made.
SECTION 4.   ESTIMATED   COST   OF   PARCEL   A-21   PROJECT
IMPROVEMENTS. The total estimated costs of the Parcel A-21 Project Improvements and the costs to be paid by Assessments on all directly and specially benefited property are set forth in Exhibit A and Exhibit B, respectively, hereto.
SECTION 5.   EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY
OF SPECIAL ASSESSMENTS. The Assessments on parcels within the Assessment Area Two – Parcel A-21 Project Area specially benefited by the Parcel A-21 Project Improvements, all as specified in the final assessment roll set forth in Exhibit B, attached hereto, are hereby equalized, approved, confirmed and levied. Immediately following the adoption of this Resolution these Assessments, as reflected in Exhibit B, attached hereto, shall be recorded by the Secretary of the Board of the District in a special book, to be known as the “Improvement Lien Book.” The Assessment or Assessments against each respective parcel shown on such final assessment roll and interest, costs and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal with the liens of all state, county, district, municipal or other governmental taxes and superior in dignity to all other non-federal liens, titles, and claims. Prior to the issuance of any Bonds, including the Parcel A-21 B Bonds or any refunding bonds, the District may, by subsequent resolution, adjust the acreage assigned to particular parcel identification numbers listed on the final assessment roll to reflect accurate apportionment of acreage within the District amongst individual parcel identification numbers. The District may make any other such acreage and boundary adjustments

to parcels listed on the final assessment roll as may be necessary in the best interests of the District as determined by the Board by subsequent resolution. Any such adjustment in the assessment roll shall be consistent with the requirements of law. In the event the issuance of the Parcel A-21 B Bonds or any refunding bonds, by the District would result in a decrease of the Assessments, then the District shall by subsequent resolution, adopted within sixty (60) days of the sale of each series of Parcel A-21 B Bonds at a publicly noticed meeting and without the need for further public hearing, evidence such a decrease and amend the final assessment roll as shown in the Improvement Lien Book to reflect such a decrease.
SECTION 6.  FINALIZATION OF ASSESSMENTS. When the entirety of the Parcel A-21 Project Improvements have been constructed or otherwise completed to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections 170.08 and 170.09, Florida Statutes. Pursuant to the provisions of Section 170.08, Florida Statutes, regarding completion of a portion of the Parcel A-21 Project Improvements funded by the Parcel A-21 B Bonds, the District shall credit to each Assessment the difference, if any, between the Assessment as hereby made, approved and confirmed and the actual costs incurred in completing the Parcel A- 21 Project Improvements. In making such credits, no credit shall be given for bond financing costs, capitalized interest, funded reserves or bond discounts. Such credits, if any, shall be entered in the Improvement Lien Book. Once the final amount of Assessments for the entirety of the Parcel A-21 Project Improvements attributable to the Parcel A-21 B Bonds has been determined, the term “Assessment” shall, with respect to each parcel, mean the sum of the costs of those Parcel A-21 Project Improvements.
SECTION 7. PAYMENT OF ASSESSMENTS AND METHOD OF COLLECTION.
The Assessments may be paid in not more than thirty (30) annual installments of principal and interest (excluding any capitalized interest). The Assessments may be paid in full without interest at any time within thirty (30) days after the completion of the Parcel A-21 Project Improvements and the adoption by the Board of a resolution accepting the Parcel A-21 Project Improvements; provided, however, that the Board shall at any time make such adjustments by resolution, at a noticed meeting of the Board, to that payment schedule as may be necessary and in the best interests of the District to account for changes in the debt as actually issued by the District. At any time subsequent to thirty (30) days after the Parcel A-21 Project Improvements has been completed and a resolution accepting the Parcel A-21 Project Improvements has been adopted by the Board, the Assessments may be prepaid in full including interest amounts to the next succeeding interest payment date or to the second succeeding interest payment date if such a prepayment is made within forty-five (45) calendar days before an interest payment date. The owner of property subject to Assessments may prepay the entire remaining balance of the Assessments or a portion of the remaining balance of the Assessment at any time if there is also paid, in addition to the prepaid principal balance of the Assessment, an amount equal to the interest that would otherwise be due on such prepaid amount on the next succeeding interest payment date, or, if prepaid during the forty-five day period preceding such interest payment date, to the interest payment date following such next succeeding interest payment date. Prepayment of Assessments does not entitle the property owner to any discounts for early payment.

The District may elect to use the method of collecting Assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes (the “Uniform Method”). The District has heretofore taken or will use its best efforts to take as timely required, any necessary actions to comply with the provisions of said Sections 197.3632 and 197.3635, Florida Statutes. Such Assessments may be subject to all of the collection provisions of Chapter 197, Florida Statutes. Notwithstanding the above, in the event the Uniform Method of collecting its special or non-ad valorem assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law. The District may collect Assessments by directly assessing landowner(s) and enforcing said collection in any manner authorized by law. Such Assessments shall at all times be collected in a manner consistent with applicable trust indenture.
For each year the District uses the Uniform Method, the District shall enter into an agreement with the Tax Collector of Palm Beach County who may notify each owner of a lot or parcel within the District of the amount of the Assessment, including interest thereon, in the manner provided in Section 197.3635, Florida Statutes.
SECTION 8.	APPLICATION OF TRUE-UP PAYMENTS.
There may be required from time to time certain true-up payments as specified in the Assessment Report and in agreement(s) between the District and the Landowner(s) of lands within the Assessment Area Two – Parcel A-21 Project Area.
The District will take all necessary steps to ensure that true-up payments are made in a timely fashion to ensure its debt service obligations are met. The District shall record all true- up payments in its Improvement Lien Book.
The foregoing is based on the District's understanding with the developer that it intends to develop the lands within the Assessment Area Two - Parcel A-21 Project Area as described in Exhibit B. In no event shall the District collect Assessments pursuant to this Resolution in excess of the total debt service related to Parcel A-21 B Bonds issued to finance a portion of the Parcel A-21 Project Improvements, including all costs of financing and interest. The District recognizes that such events as regulatory requirements and market conditions may affect the timing and scope of the development in the District. If the strict application of the true-up methodology in the Assessment Report to any assessment reallocation pursuant to this paragraph would result in Assessments collected in excess of the District's total debt service obligation for the Parcel A-21 Project Improvements, the Board shall by resolution take appropriate action to equitably reallocate or reduce the Assessments accordingly. Further, upon the District’s review of the final plat for the developable acres, any unallocated Assessments shall become due and payable and must be paid prior to the District’s approval of that plat.
SECTION 9.	GOVERNMENTAL PROPERTY; TRANSFERS OF PROPERTY TO UNITS OF LOCAL, STATE, AND FEDERAL GOVERNMENT.  Property owned by
units of local, state, and federal government shall not be subject to the Assessments without specific consent thereto. In addition, property owned by a property owners association or homeowners association that is exempt from special assessments under Florida law shall not be subject to the Assessments. If at any time, any real property on which Assessments are imposed

by this Resolution is sold or otherwise transferred to a unit of local, state, or federal government, or similarly exempt entity (without consent of such governmental unit or entity to the imposition of Assessments thereon), all future unpaid Assessments for such tax parcel shall become due and payable to the District immediately prior to such transfer without any further action of the District.
SECTION 10.  ASSESSMENT NOTICE. The District’s Secretary is hereby authorized to record, for each series of the Parcel A-21 B Bonds, a general Notice of Assessments or Lien of Record relating the Assessments in the Official Records of Palm Beach County, Florida.
SECTION 11.  SEVERABILITY. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.
SECTION 12.  CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.
SECTION 13. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

APPROVED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, THIS 23rd DAY OF JANUARY, 2025.
AVENIR	COMMUNITY	DEVELOPMENT DISTRICT

Jason Pierman, Secretary	Virginia Cepero, Chair, Board of Supervisors

Exhibit A:  Eighth Supplemental Engineer’s Report (Parcels A-10, A-11, A-21 Projects), dated October 22, 2024, prepared by Ballbe & Associates

Exhibit B: Master Special Assessment Methodology Report (Infrastructure Project Special Assessment Bonds for Assessment Area A-21 Parcel Project), dated November 21, 2024, prepared by Special District Services, Inc.

Structure No.: 187D1-187D4
Section , Township , Range : 28, 41S, 41E Easement No.: c10400490
Parcel ID: N/A
(Maintained by County Appraiser)

RIGHT-OF-WAY CONSENT AGREEMENT

FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to Avenir Development, LLC whose mailing address is 550 Biltmore Way, Suite 110, Coral Gables, Florida 33134 , and Avenir Community Development District, a local unit of Special- purpose government organized under the provisions of Chapter 190 Florida Statutes, whose mailing address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 hereafter referred to as “Licensee”, using an area within Company’s right-of-way granted by that certain agreement recorded in Official Record Book 663 at Page 1635, Public Records of Palm Beach County, Florida. The said area within the Company’s right-of- way, hereinafter referred to as “Lands”, is more particularly described on Exhibit “A” attached hereto. The use of Lands by Licensee shall be solely for the purpose of Coconut Blvd. will be extended from the terminus of the existing roadway within the Avenir development traversing north along the eastern boundary of the Avenir conservation area and terminating at a new proposed signalized intersection with SR 710/Beeline Highway. Roadway improvements such as curb and gutter, asphalt, base, stabilization, drainage inlets, drainage pipes, striping, and sod are proposed within the existing FPL easement. Openings in the median traffic separator and outside curb and gutter are proposed to provide FPL with access to the existing maintenance road as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "B".
In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement.
Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal , Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand.

Page 1 of 5

Form 3740 Rev. 11/02/11

Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement.

Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities.
Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable of
exceeding fourteen (14) feet in height at full maturity is not permitted within Company’s Lands.

Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material.
Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade.

Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360 “Exhibit C” prior to the commencement of construction within the Lands.
Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly.

The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes.

Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change.
Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as FPL Entities), from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property whether or not due to or caused by the negligence of FPL Entities, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss, cost and expense.

Licensee shall, during the period of this Agreement, maintain at its sole expense a liability policy with minimum limits of $1,000,000 for bodily injury or death of person(s) and $1,000,000 for property damage arising out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity (Paragraph 12). A certificate of insurance shall be furnished to Company evidencing that said policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of FPL Entities until ten (10) days written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company. Licensee understands and agrees that the use of the Lands for the purposes described herein is expressly contingent upon acceptance and compliance with the provisions contained herein.
This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee’s use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety ( 90 ) days written notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein.
The use granted herein as shown on Exhibit "B" shall be under construction by Licensee within one (1) year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the one (1) year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the one (1) year period for the project to be under construction.

The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise.

Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees.

Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. Further, nothing herein shall be construed or interpreted as a waiver of the protections, immunities, and limitations of liability afforded the District pursuant to the doctrine of sovereign immunity and Section 768.28, Florida Statutes.

Licensee agrees that any review or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit "B", the approval of the identity of any contractors, subcontractors and materialmen, or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Consent, and without any representation or warranty whatsoever to Licensee with respect to the adequacy, correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction, maintenance and/or removal of improvements depicted on Exhibit “B” to the Agreement, agrees to observe and fully comply with all construction, operation and maintenance standards, as well as all applicable laws, rules and regulations of the United States, the State of Florida, and all agencies and political subdivisions thereof, including without limitation, the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, rules, registers, directives or interpretations.

This Agreement includes and is subject to the provisions described on the attached Addendum.

The parties have executed this Agreement this 	 day of 	,
2025.

Witnesses:	FLORIDA POWER & LIGHT COMPANY

By: 	
Signature:		Its: 	Corporate Real Estate Manager		 Print Name: 		Print Name: 	Peter K. Ramsey	

Signature:
Print Name: 	

Witnesses:

LICENSEE
AVENIR DEVELOPMENT, LLC

By: 	
Signature:		Its: 		 Print Name: 		Print Name: 	

Signature:
Print Name: 		(Corporate Seal)

Page 4 of 5

Form 3740 Rev. 11/02/11

LICENSEE:

AVENIR	COMMUNITY DEVELOPMENT
DISTRICT
By: 	
Signature:		Its:  Chair, Board of Supervisors		 Print Name: 		Print Name: 	Virginia Cepero	

Signature:
Print Name: 	

Page 5 of 5

Form 3740 Rev. 11/02/11

Structure No.: 187D1-187D4
Section, Township ,Range: 28,41S,41E Easement No.: c10400490
Parcel ID: N/ A
(Maintained by County Appraiser)

RIGHT-OF-WAY CONSENT AGREEMENT

FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to Avenir Developmetlt, LLC whose mailing address is 550 Biltmore Way, Suite l 10, Coral Gables, Florida 33134, and Avenir Community Development District, a local unit of Special­ purpose government organized under the provisions of Chapter 190 Florida Statutes, whose mailing address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 hereafter referred to as "Licensee", using art area within Company's right-of-way granted by that certain agreement recorded in Official Record Book 663 at Page 1635, Public Records of Palm Beach County, Florida. The said area within the Company's right-of­ way, hereinafter referred to as ''Lands", is more particularly described on Exhibit "A" attached hereto. The use of Lands by Licensee shall be so"lely for the purpose of Coconut Blvd. wiU be extended from the terminus of the existing roadway within the Avenir development traversing north along the eastern boundary of the Avenir conservation area and te1111inating at a new proposed signalized intersection with SR 710/Beeline Highway. Roadway improvements such as curb and gutter, asphalt, base, stabilization, drainage inlets1 drainage
pipes, striping, and sod are proposed within the existing FPL easement. Openings in the median traffic separator
and outside curb and gutter are proposed to provide FPL with access to the existing maintenance road as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "B".
In consideration for Company's consent and for the other mutual covenants set fmth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement.

Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove. said facilities, equipment, parking spaces and areas, and other improvements within thilty (30) days ofreceiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal, Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand.

Pagel of 4

FoDTI 37 0 Rev. 11/02/11

Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the te1111 is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees fu1iher that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the tight to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement.

Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities.

Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable of exceeding fourteen (14) feet in height at full maturity is not permitted within Company's Lands.

Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height offmuieen (l 4) feet above existing grade and all poles or standards suppo1ting light fixtures are to be of a non-metallic material.

Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sp1inkler heads are to be set so the spray height does not exceed fou1ieen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be bmied at a minimum depth of one (1) foot below existing road grade.

Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the elect1ical facilities and appu1tenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360 "Exhibit C" prior to the commencement of construction within the Lands.

Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly.

The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes.

form 3740 Rev. 11/02/li
Page 2 of 4

Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for alJ cost and expense involved with such relocation, reauangement or change.

Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to indemnify and save hannless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as FPL Entities), from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property whether or not due to or caused by the negligence of FPL Entities, arising out of or in connection with the herein described pw-poses by Licensee, its contractors, agents, or employees; and Licensee agrees to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss, cost and expense.

Licensee shall, during the period of this Agreement, maintain at its sole expense a liability policy with minimum limits of $1,000,000 for bodily injury or death of person(s) and $1,000,000 for property damage arising out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity (Paragraph 12). A certificate of insurance shall be furnished to Company evidencing that said policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of FPL Entities until ten (10) days written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company. Licensee understands and agrees that the use of the Lands for the purposes described herein is expressly contingent upon acceptance and compliance with the provisions contained herein.

This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety ( 90 ) days written notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein.

The use granted herein as shown on Exhibit "B" shall be under construction by Licensee within one (1) year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. ''Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement pe1mitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, pw-chasing construction materials, placing such construction materials on the site, clearing or grading the site (if pennitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially an construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use lmder construction within the one (1) year time period will result in immediate tennination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein rnlless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the one (1) year period for the project to be under construction.

The term "Licensee" shall be construed as embracing such number and gender as the character of the pruty or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement: being executed by Licensee and subject to no conditions precedent or otherwise,

Form 3740 Rev, 11/02/11
Page  3 of	4

Should any provision of this Agreement be determined by a cmut of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any Iitigation arising out of enforcement of this Consent Agreement the prevailing party• -such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees.

Licensee may assign its rights and obligations under this Agreement to as prior written consent of the company, which co11Sent shall not be unreasonably with11eld.
Licensee assign its rights and obligations under this Agreement to the Avenir Community
Development District, a local unit of special purpose government established and existing pursuant to Chapter 190, Florida Statutes (the "District"), the District shall be required to
maintain at its sole expense a public liability poUcy tn minimum limits of $1,000  on for
bod	th of pers,r7,(s) and $1,000,000/for property damage arisi	out·of a
ingle occurrence7a:i.af:l.er,f><Pthing herein shall be construed or interpre 'f:J as a waiver of the protections, immunities, and limitations of liability afforded the Dis  ict pursuant to the doctrine of  sovereign immunity and Section 768.28, Florida Statutes.	INtettr&t 'f!Ho­ co:fmm'i wtmt t/:1:e-fiAJiqr lirnits-afthe ego attran?tttl:t:tr.r:tf.1:lUJta-r-,k		

)P yf. Licensee agrees that any review or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit "B", the approval of the identity of any contractors, subcontractors and material men, or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Consent, and without any representation or wan·anty whatsoever to Licensee with respect to the adequacy, correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction, maintenance and/or removal of improvements depicted on Exhibit "B" to the Agreement, agrees to observe and fully comply with all construction, operation and maintenance standards, as well as all applicable laws, rules and regulations of the United States, the State of Florida, and all agencies and political subdivisions thereof, including without limitation, the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, rules, registers, directives or interpretations.
;	l,0-: This Agreement includes and is subject to the provisions described on the attached Addendum.

The paities have executed this Agreementthis 	day of 	  ,
2024.

Witnesses:

Signature:
Print Name: 	 _

FLORIDA POWER & LIGHT COMPANY

By: 		 _ Its:	Corporate Real Estate Manager
Print Name:	Peter K. Ramsey

Signature:
Print Name: 	

Page 4 of 4

form 3740 Rev. 11/02/11

Witnesses:

LICENSEE
AVENIR DEVELOPMENT, LLC

(Corporate Seal)

Signature:
Print Name: 	 _

Signature:
Print Name: 	_

LICENSEE:

Signature:
Print Name: 	_

AVENIR	COMMUNITY DEVELOPMENT
DISTRICT
By: 	 _ Its: Chair. Board of Supervisors
Print Name:	Virgtnia Cepero

Signature:
Print Name:	.

Form 3740 Rev. 11/02/11
Page  5 of  4

DESCRIPTION:	EXIBIT."A:

A PORTION OF CONSERVATION AREA TRACT C-1, AVENIR, AS RECORDED IN PLAT BOOK 127 PAGE 85, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF AVENIR, AS RECORDED IN PLAT BOOK 127, PAGE 85 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID CONSERVATION AREA TRACT C-1, NORTH 53"39'56" WEST, A DISTANCE OF 468.42 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE, SOUTH 36'20'04" WEST, A DISTANCE OF 35.00 FEET; THENCE, NORTH 53·39'55" WEST, A DISTANCE OF 108.00 FEET; THENCE, NORTH 36'20'04" EAST TO THE SAID NORTH LINE OF CONSERVATION AREA TRACT C-1 , A DISTANCE OF 35.00
FEET; THENCE ALONG SAID NORTH LINE OF CONSERVATION AREA TRACT C-1, SOUTH 53"39'56" EAST, A DISTANCE OF
108.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 0.09 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 SHOWNHEREON 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 53"39'56" WEST ALONG THE NORTH LINE OF AVENIR, AS RECORDED IN PLAT BOOK 127 PAGES 85, 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
CORTRHE BEESTCOF MTY OLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON OCTOBER 11, 2024. I
FUR]l-lE 11rY I		SKETC	OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J..p'A_Q.OB+EB ny 	FLORID	OARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
(-		&"/ 
RONNIE L. FURNISS, PSMI PROFESSIONAL SURVEYOR AND MAPPER j/6272
STATE OF FLORIDA - LB #3591

L!l;l========SK=ETC;;FP;;H;;LOf;;E;;ASEM;;;D;;;Es;;;r;;;R;;iP;;ll;;ON======;;;;;;;;;:.1I1   L!;;;;;;======;;;!,J.

SHEET 1 OF 2 DATE	10/11/2024 DRAWN BY	RLF
F.8./ PG.	N/A
SCALE	AS SHOWN JOB -mtge 73	7955

CALOOSA
A RURAL SUBDIVISION
(PB 33, PG 90)

GRAPHIC SCALE

_1

0	100	200
!	1
( IN FEET )
1 INCH =	200	FT.

AVENIR
(PB 127, PG 85)
CONSERVATION AREA TRACT C-1 (PB 127, PG 85)

CONSERVATION EASEMENT
SUBJECT TO RESERVATIONS AS RECORDED IN
(ORB 30087, PG 1697)

LEGEND:

SOUTHWEST CORNER SECTION 28, TOWNSHIP 41 SOUTH,
RANGE 41 EAST

w
O)(X)

O

5

c0o) -.;t-

UNPLA TTED LANDS

+-

FPL - FLORIDA POWER & LIGHT ORB - OFFICIAL RECORDS BOOK
PB - PLAT BOOK PG - PAGE
SECTION CORNER

(.(l -.;t-	SECTION 34, TOWNSHIP 41 SOUTH, RANGE 41 EAST
z

SHEET 2 OF 2
DATE	10 11 2024
DRAWN BY	RLF
F.B. PG.	N A SCALE AS SHOWN JOB e 74 7955

CONTRACT PLANS COMPONENTS
ROADWAY PLANS	A VENJIR DE IVELOPJlfENT
SIGNING /i.ND PAVEMENT /l'!ARKING PLANS
5/GNAUZl'tT!ON PLANS
5[RUCTU/ff  fl.ANS	CONTRA.CT PLANS

COCONUT BOULEVARD EXTENSION
A DETAILED INDf:.X Af'PEJ\RS ON Tt-1[
1<.£Y SI-IEET Of EACH COt-JPONE('JT	FROM AVENIR CONNECTOR SPINE ROAD TO SR 710
PALM BEACH COUNTY, FLORIDA
INDEX OF ROADWAY PLANS
€NO PROJECT	,visrr.-lM
51-1EET NO	SHEET DESCfHPTION	ST/\. 233-1-70, 02	11f,0Cll
I	KEY Sf-lEET
2	DRIii N/\GE P.!/1.P
B - 13	TYPICAL SECT I ON	TO	·"-''-I"r"'	 LOCATION OF PROJECT	
I 0	YYPICl\l  SECTION OETA(LS	INDfAl<TOWN	a:a:	Mt rn,·/ / 900,g/I ,ncJpsfK PMIll/ 5GcR)K f-/f Gbo5
15	26	DR/\ I NAGE STRUCrunE DA( A
"	28	PROJECT l/lYOUT	=f'r-r --1'----	,, ,,..,.
29	cunvE DATA	.IJ- - - -J	tf l\ltS"t
JD	GENERAL NOl"E5	(
I
3 I	55	ROADlVA,Y PL/IN	_,_ .,. ,1" -<,:!•ll, \ I J 1 "T	7
55  18	ROADWAY PROF I LE	'	-,..' :::' l I,' ,,'. ,'I	_,, /I
-	.•	•. ,	,21
79	8/	GR/\/J/NG DETAIL	.,_J_- -- -,·,··- --- -	:
82	GEon:CIIN (CI\L 501l.. SURVEY	r·_-1l	I	•• - ... -!
83	/GD	CROSS SECY IONS	,,o 1-: -!:':'i
161	CANAL /INO SWALE DETI\/ L	I	I
151 - 163	rEMrOnl\fH' 1 rlAPF ''- COrofr(IDL PLI\/VS	-,c.-1,:..:.. - 
CIC)	SFWMD R!Pf!AP DETAIL	T/;(S ITEM flAS BEEN D/G/TALLr
I	I	I	I·•- -	j
Note,• The intent of this plan set is , o	.,.,	I	I	\ \ \ \ 1111I I I I I	SIGNED AND SEALED BY
provide lnformA/'ion required  µer I	/  l,11	/.1.1.	I	,,,, REY HJ '1,
/1e	I	,'	/	,	, , ...  e,(?,	1',,,
/'PL Ca11se111 Agreement· Application.	T-41-5	_1•r-t·=1:¥-· - 1 ,.	T•i11•S	::,''  -- ,CE N s /·_-.. ....,...,..
The al1ove Incle< does not ,-.,fleer· tile	T-42-5	1-4:Z-S
sheels included in this partial set_	:	-'!I	[ <:	No 80438  ·.\
BEGIN PROJECT
STA, 102•v5Q B7	:11::-'--;]	*	;*= ON THE DATE AOJACENT TO rHE SEAL
GEliERAL AVIATlml AJAPORT	\1\_  STATE OF	/ f	NOT CONSIDERED S}GNED AND SEALED
NORTH COUNTY	PRINTED COPIES OF T/•{15 DDCUMENr AR£­
'. :·· -•- - .!>	', O -. ""	_.-_,,_<,,,'	AND TME S/GNArUFH! JUST BE VEP.IFJED
,, f''•,,_l OR IO /c, - ,'	QN ANY Ell:CTMN/C CDP/ES.
'	I	',,,,SsJorJAL'·  ,,,,'
,.1 .. ,.	I	111111111111\\\,,	TH  ABOVE NAMED f-'nOr:ES51DNAI.
l  ------	TD WEST	ENGINEER SHALL BE RESPONSIOLE
'	PALM BE"CN	FDA rnE FOLLOW/NG 51·/Eff5 fN
i[II	1'	1'	ACCORDANCE WlrN RULE 6 fG/5-23.0D4 f.A.C
I	'I
''rr, :'."(:'.'-:=---	·- -- F"R"O"E,L!rCII i,,,,.."---'-' =" ·	ROADWAY PLANS
.!'1  I	ENGINEER OF RECORD:
GOVERNING STANDARD  PLANS:	COREY /-1/l.l, P.f
flcrld.a D_eparrrnent of TransporcaUon. F'f2023-1•t 5trmdard Pllln.s tor Rol'ld nd	-',I"'!	PE UCENSE NUMBER B0438
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2035 V!ST/l PARKWAY-
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fallowing 1Ve!Jslle: f1rtp:J/w11,wJdo1.go11/r:ie.sign/.Sla11dardplans	(56)) 687-2220
VENDOn NO_· H·D2lt367
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Florida Deparf'ment of TrtJnsporra-Uon, FY2D23-24 5land;ud Specifications for Road rJnrl Bridge Cunslrut:t/011 al /lie roflow/119 w bshe:
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NO

COCONUT BLVO. EXTENSION

'"'l:'J'/1J//	7/11IW2	IO:I5;1l "'"	f.."\lhi.. arlJIIQ\l\'fl\l•H" '\rj.}J/!J5!lS\Stmc,iqoo,  raJ,<11,r

This is to demonstrate to FPL that the drainage inlet is traffic loading (H-20)

Steel Grating _ Detail! usF 66s7 GUTTER 1NLET STEEL GRATE sET

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USF 6657 GUTTER INLET STEEL GRATE SET

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SPECIFY PAINTED OR GALVANIZED. TO ORDER ONE PIECE OF THIS GRATE SET, SPECIFY USF 6647

TYPE "V" H-20 LOADING

1'87116	-
1/4x5F.B.	.
-

. .

"-

51

Grate Information
Grate#	Over All Size(AxB)
51 X 18-7/16

Seat Height (C)
5.3i25

Open Area
1305

Load Rating
H-20

Spec Std
TYPE V'

Page 85

GENERAL NOTES:
1. WorL /his lnde:it wltll lrrde:t 425-001 iJlld lrulo.r 425-010.

All relnforci11u Is Graefe 60 bars wit/1 2" m/11, cover unless otherwise noled.
See lnde:r 425-001 for eqwvalent ctrea of wclclecJ111i,·e fabric. Cul or
belld bars out of way of pipe lo clear pipe 11//.

Chamfer all e1tposed edges and corners ¥.." or tool lo ¼" radius.

-1. Dlmensior1s are for borl'I precast and casr-ln-p/ace inlets unless olllenv1se ,ioted.

r-:: /
'"-.,---,,,
........................

,,,	,
,,,,	....................

Transition (Typ,J

Slee/ Grale

TABLE OF CONTENTS:	
Sheet	Descr-Jp(fon	
I	General Nares and Contems	
2	Dlmer,,;fontJI and Reinforcing Detl!Jlls	
J	Ste-el Grare Deut/15	
Allerno/e A S(ructurt: Bollom - fop SldlJ Deli:ii/s	

......  .[  Std Valley Gurter (Typ.J

" I	_,,,,

''-,,	// 1
.................../,,.• /...,.,.,
.	,,,,..r

Sid. f(l/et (j Bollom Op/ion Nol 5/wwn)

==============  GUTTER INLET TYPE V ==============
(Pipe Opening Nol Showu)

LAST
REVISION
10/01/20

DESCRIPTION:	FY 2023-24
ST ANOARD PLANS

GUTTER lINLET TYPE V

INDEX

425-041

SHEET
1 of 4

	.J'-3" Preca.s1	
4'-3 C-1-P
r;-

DH Precasr (Tvp.)

V <i 1n1t=.1

□

6"	.I
1/Typ.f) •1•_:;, .fl·"1\-plx. .l4-·-1I. 1

?' Cl. (Typ.)

Eyelw/1 (Se-e• fnde

112•  w

L-i-J

6"' 11 6"

Steel Gti:l(E

I I I I I
I
1Sid,/0ffSe!/

G_

::N c-1-P rr µ.)

";t

I	_UJ d	2·rT,,p.J

,,2s-0011

I

I

I

I::
;; I::
ru o

1

I

:

;	..

Eyeuo(t	!

I

1111 Bars @

'.
""

J-loriz.. 11/iJ// Rel11f. (5ee TAtJU! I)

..

--	A4 Bars-@---•--

1'-0'' Cl'r.S".

o_ '-'
ir-i (o

I

6" Precasi {T p.J 6" C-1-P (Tyµ,/

[_a· I

3·· /Ti_ .}

1,_01, [lr!i.

DETAIL "A"

1-8" I

i
"'"'

ru o.

;t

-- "-

;'

D£TA1L "8"

See DETAll. "A" For C-1-P □pllClll

ll!.-	=============  CAST-IN-PLACE OPTION=============

PLAN

C+P Dµt,on	I	':J

i : DETAIL "ff	7r--!4-•-G-a-;,

I	t 	.-----_l-4

E1•t:boll.
(5ec /11de

'''"""'"'illfe§§cc•c•t•"·:: :: c1r:_:!.	!
_  1  #IJ 8at	, j

TABLE 1
HORIZONTAL WALL REINFORCING SCHEDULE

I	,125-0011

;r;:

WALL

SCHEDULE

ARF.-1.	MAX. SPACING-

l

.

"b	3" Prer::fJSl (Typ.)
3" C-1-P tT-,.µ.}

Horrz. Wall RelM. -----....

/See TABLE I)

€rare Sear

1-E.drrl

u··

·!_J_,/(.;;4 Bar  n

_  'C q••,,·'-W<xW• wwe

3"' CJ. Precast (TypJ

3" CJ. C-f-P {TJJ/J,)

DEf'T/-1	(ln. lrr.J

g• - 12'	..

5' - !J"	A6	0.20	6"	S"
A•I	o.:zo	3·•

O' - 5'	A/2	0.20

8A115	WWR
12''	e··

m

z

"g	0
Cl

1,:o· :s

...- ....
/
(

'-,

g· - 15"	B5.5	0.21'

-5 "

5""

,;;
s

""'	m

I  J1/2" Cl. Pipe  \
I	Qp 1 i1_yJ (Ty11.J·---l
I	i

u

NOTES:

.:10 u	w
"'

I	I
\ \	I
'

Dral,1age Slruaure Tmetf
(See lnrlli! 425-001)

I, Plan View; Graul, Crmcrc1e Dlfrh Pa1Je1flenl, and
So(J fJCII 5/10\Nfl on Sl(UCfute r/1:lall.

,.	 !?;?777

?. Pre-cast Shown. Cast-ln-Plar-e (C-1-P) similar.

5··	,._,..

5"	Pre.r::ast

LJ	3'-/0h

I _ I

Prentsl

Constrncffoll Joints pet1111'riecJ berweel) N1e.se 11/ri/is.
s e lmJex rlZ.5-00 I far minimum ctrmehsla1i:.,

B"'
#tJ Bars: @ fJ'" (lrs. (PrerQsl tj'' SJc1liJ or@  11"' C!rs, (C-1-P 8 5/a/J)

2'-11"	8"	C-1-P	a	JJ'-D"	C-1-P
11:1 Bars.
@ 1 I;; C!rs. tPrerhsl 6" 5/a/JJ ar @J IZ' ctr5. (C-!-P It' stobJ.

LAST

DESCRIPTION:

SECTION A-A
(Plpe Oµe/Jltlf] ND/ Shown}

SECTION 8-8
tP!pe Opening Shown)
D!/V/ENSJONAL AND REINFORCING DETAILS

FY 2023-24

DIMENSIONAL AND REINFORCING DETAILS

I
Q. Eyet,ol{	I I
_]

II

E-/eu, Laca-t a -'1	
...,

REVISION
10/01/ 20

ST AND ARD PLANS

JNOEX
GUTTER JINLET TYPE V
425-041

.SHEET
2 of 4

Gri:!fl:' <i.	.._t

5

.,	S"	5	5•

	•i'-3"		I

q

.,r\. / \  I \ .- .. .	T\	/ \ ,,n.,f  

ii\I T'\

"''"""""'""""§

I	I	+--'	'"'"'
- \

OPTIONAL BAR SPACING

Grate I[

3	5"

+'iii (Typ.J

11.,... J·'.w-5'' (JJ Required)

!

.:..,:::

..

t_, = 

Retl,uli/1 Bars I tt •' ¥',s''

	4'-3"	

-;i

'"""E='"""""'""

PLAN

B u Ul!J Bars .5M :1 .''

,.,r,,.,,,.,"""

je, .(Tvp./

oJ   o-=  0 ==0-=- --r  Q -:C  -0  0-  C

Be rrna Bar 7	\_Jmermediace Bars  -....	'-- L 5X3i"Yi6

SECTION C-C
ri ""'""""."..

SECTION 0-0

.t.

..,.

=============== RETICULINE  GRATE DETAIL===============
rrwn GnHr:s Ret/LJ/reu per tnl<!l)

LAST

DESCRIPTION:

FY 2023-24

STEEL GRATE DETAILS

REV/5/0N
10/01/20

F_OO-TJ

ST AN OARD PLANS

INDEX
GUTTIER INLET TYIPE V
425-041

SHEET
3 of 4

#4 Bar EMIi Corner (2;-0" Mw Le1191/1)

l Way lleinforcement
(See raute.s 3 & 11)

Cenr{ : i:tf;n

(	l

for Dimensions)

I\·,_	-

\ 	'	">

j''•,•,.

Inlet

TABLE 3 TOP SLAB
REINFORCING SCHEDULE	
	GRADE 50 (BAR) OR	
SCHEDULE	55 1(51 & 70 1<51
(WJR.E FABRIC)	
	Jn. /ft.	
A	D.2Q	
B	0.24	
C	0.37	
D	O.SJ	
E
r	0.73 t.06	
G	1.45	

+

Centered Dµenlng
/5ee Tal.i/e 2

-------	---

·,	.._

fv,· D1me1,:.IOJJS)

..

1:....."------.,-.--

---·

Allemale A Struc111re Bollom /See

TABLE l/
TOP SLAB WITH CENTERED OPENFNG	

STRUCTUHE DEl-')n	
SLAB
T/-IICKNESS	REINFORCING 12 WA ) SCHEDULE	
SIZE; S-o•	
a0.S<30'	9½"	[	
30'<110'	9 "	D	
SIZE, 6'-0"	
0.5'</J"	!H'}"	8	
8'<18'	9 i'	C	
18'<3D'	9 "	D	
30'.:.J"i'	9½"	E	
37'-40'	9!ti'	G	
	SIZE:	8'-0-'		
r:0.5'<9'	JI "	C	
9".::-15'	II½"	D	
15'<2]"	JI½"	E	
2J'<3J	JI "	E	
.33·-:;o·		G	

I	. 	....-  .	I

_,..-·-------

I	I

I

I	I
I

I

I  -

'  I

1, 	's,,.. S·

Index 425-010 for Allernate 8 and addll lcmal del &/Is)

#5 Hoop Bar
(Per/t}/1e1al He111forcem nt)

'1

1,
I
...

-1$1	,,,,/,:,

.S.-:.o,l-- • "" &",._o,.
.,,Jr_,"' ,Q  ,=_, t.
;,q,?..r-.,1

--1	I

#4 Bars Carl, Corner

_

'",...._	---- --- .-	•
··, --.....	.,/  ./

2" [/,

# 5 /loop Bar

_·.:· _-:':\ {{t

- - - " :::,:->. -_.•.-.. ;-: ·•I-.-.•-:. '.:·c,. : .- 1 ·T-"··.:-.·,,·,. j

Sidi, Thlckne»	I1'··1··1·.·.·.·'·,,.;,:1.:-.- ,-,·,•.- 1 :•.·. ;,.·- ·-•.·:·' -"- •··.• .,,•·.•··: -
(5ee Tat,te 4)--......	:.' : ,i"•'·v :-1.'.•:.<, t:· J:•:• -:,::-::J-•'.·-i:-:1.0

·:• ·:.·.•.-.;1,.,

TABLE 2
TOP SLAB OPENING	

Dl METER :	OPENING SILE	
	Min.	I	Ma'X.	
5'-	D" ,o B"-u· 12·-1I",  .-.0•!3·-J· r J'	-tO"	

{(tJLJ/lfl S/r1iclt1rt! Battnni

2 Way Rel11forct!111enf f5ee raU/es 3 & 4)

SECTION F-F

=====ISOMETRIC VIEW=====

=================TOP SLAB REINFORCE/VIENT DETAILS=================

LAST

DESCRIPTION:

FY 2023-24

ALTERNATE A STRUCTURE BOTTO/VI - TOP SLAB DETAILS

REVISION
10/01/20

ST AN DARO PLANS

INDEX
GUTTER INLET TY!PE V
425-041

SHEET
4 of 4

NOTIFICATION OF FPL FACILITIES
Customer/Agency						 Date of Meeting/Contact: 			 _ Developer/Contractor Name						Project Number/Name: 					 Locationof Project						 City: 		 _ FPL Representative						 Phone: 	 _ Developer/Contractor Representative						 FPLWork Request #IVVork Order#: 			_
FPL calls your attention to the fact that there maybe energized,high voltage electriclines, both overhead and underground, located in the area of lhis project. It is 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 theOSHA-prescribedlimits. If ii will, you must either re-design your project to allow it to be built safely given the pre-existing power linelocation, ormake arrangements with FPL toeitherdeenergizeand groundour facilities, or relocate them, possibly at your expense. You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not thecontractors or subcontractors, and 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 necessaryfor any contractor or subco tractor, or their employees, lo operate or handlecranes,
digging apparatus, draglines, mobile 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 otify FPL in writing of such
planned operation prior to the commencement thereof and make all necessaryarrangements with FPLin order to carryout the work ina safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalizedand implemented.
The National Electrical Safety Code ("NESC') prescribesminimumclearances that must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPLfor therelocationof our facilities to 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 that your proposed improvement does not impinge upon th.e NESC clearances.
It is your responsibilityand the responsibilityof your contractors and subcontractorson this project to diligently fulfill the following obligations;
Make absolutelycertain that allpersons responsiblefor operating or handling cranes, digging apparatus, draglines,mobile equipment or any equipment, tool. ormaterial capable of contacting a power line, are in compliance with all applicablestate and federal regulations, includingbut not limited to U.S. Department of LaborOSHA Regulations1 whileperforming their work.
Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all other equipment or materialscapable of contactinga power line have attached to them any warning signs requiredby U.S. Department of Labor OSHA Regulations.
Post and maintainproper warning signs and advise all employees,new and old alike, of their obligation to keep themselves, their tools,
materials and equipment away frompower linesper the following OSHA minimum approach distances (refer to OSHA regulations for restrictions):

*Power Line Voltages	.. Personnel andEquipment	Cranesand Derricks	Travel under or near Power Lines (on constructionsites. noload)	
	(29 CFR1910.333and1926.600)	(29CFR 1926.1407, 1408)	(29 CFR 1926.600- Equipment) (1926.1411- Cranes andDerricks)	
0- 750 volts	10 Feet	10 Feet	4 Feet	4 Feet	
751 - 50,000 volts	10 Feet	10 Feet	4 Feet	6 Feet	
69,000 volts	11Feet	15 Feet	10 Feet	10 Feet	
115,000 volts	13 Feet	15 feet	10 Feet	10 Feet	
138,000 volts	13 feet	15 Feet	10 Feet	10 Feet	
230,000 volts	16 Feet	20 Feet	10 Feet	10 Feet	
500,000 volts	25 Feet	25 Feet	16 Feet	16 Feet	
*Whenuncertain 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 personnelapproachinginsulatedsecondary conductorslessthan 750 volts,avoid contact (Maintain10 Feet tobare energizedconductorslessthan 750 volts).For qualified personneland insulatedaerial lift equipmentmeeLing requirementsof 29 CFR1910.333, distancesmay be reducedto thoseshown in 29 CFR1910.333 TableS-5.
All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends) in advanceof commencement of excavation to ensure facilities are located accurately.
Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention & Safety Act and all local city and countyordinances that may apply.
When an excavationis to take place withina tolerancezone, anexcavator shall use increased caution to protect underground facilities. Theprotectionrequires hand digging, pot holing, soft digging, vacuummethods, or similar procedures to identify underground facilities.
A copy of thisnotificationmust be provided by you to eachcontractor and subcontractor on this project. to be shared with their supervisionand employees prior to commencing work on this project.

Means by which thisnotification wasprovidedto customerand/orcontractor	Address

FPL Representative Signature	Date

Customer/Developer/Contractor RepresentativeSignature

Form 360 (Rev,1/9/12)

Date

Page 90

HEALTH	PARK	AT	AVENIR
BEING A REPLAT OF TRACT C, AVENIR PARCEL D, AS RECORDED IN PLAT BOOK
137, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 15, TO'NNSHIP 42 SOUTH, RANGE 41 EAST, CITY OF PALM BEACH GARDENS. PALM BEACH COUNTY. FLORIDA

r"

  illIBilj_ LOCATION MAP
NOTTOSCALE

THIS INSTRUMENT PREPARED BY RONNIE L. FURNISS
OF
CAULFIELD & WHEELER, INC.
SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUllE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991 CERTIFICATE Of AUTHORIZATION NO. LB3591 JANUARY 2025

MORTGAGEE'S JOINDER AND CONSENT:
STATEOf'fl.ORIOA) CCIUNTYOf'MIAMI-DAOE)

Tl-!EUNOERSIGNEDHEREBYCERTIFlESrnATITIS rnEHOtOERorA MORTGAGE, l/PON THE PRa'ERTY DESCRIBED HEREON AND DOES HEREBY J::IIN IN AND CONSENT TO THE DEDICATION Cf rnE LAND DESCRIBED IN SAID DEDICATION BY TflE 01\NER rnrnEor AND ACREESTHATITSMORTGAGEWHICHISRECCRDEOINOf'Fl()ALRECORDSBOOK32576,AI    PAGE 1396, AS AMENDED, or rnE PUBLIC RECORDS Cf PALI,! BEACH COONTY, fl.ORIDA,

::t

s,jALlBESUBOROINATEOTOrnEOEOICATIONSHO"™flEREON	SHEET 1 OF 2

y 1:.t hi EE:i 1s -	HAS CAUSED THESE PRESENTS20Tfs BE SIGNED

DEDICATIONS AND RESERVATIONS,
KNOW ALL MEN BY THfS[ PRES£NTS THAT A\1£NIR DEVELOPMENT. LLC, A FLORIDA LJMIT£0 LIABILIT"Y COMPANY, Ol'<NER Of' THE LANO SHOl'<N HEREON AS "HEALTH PARK AT A\/ENIR" BEIN(, A REPLAT Of' ALL Of TRACT C. A\/ENIR PARCEL 0, AS RECORDED IN PLAT BOOI< 137, PAGE 2\ Of THE PUBLIC RECORD'S OF PALM BEACH COUNTY. FlORIDA. L\1NG IN SECTION 15 TOl'<NSHIP 2
souttt. RANGE ,1 EAST, CITY OF PALl,I BEACH GARDENS, PALl,I BEACH COUNTY, FLORIDA

CONTAINING73.D95ACRES,t.lOREORLESS

HAS CAUSED THE SAt.lE TO BE SURVEYED AND PLAffiD, AS SHOWN HEREON. AND DOES HEREBY DEDICATE AS FOLLOWS

"LOT 1•, AND "LOT 2". AS SHO"™ HEREON, ARE HEREBY RESERVED TO AVENIR DE\IELOPt.lENT, LLC, A flORIDA Ut.llT£D UABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR FUTlJRE SIT[ DEVELOPt.lENT PURPOSES

AVENIRHOLDINGS,LLC,AflORIDA LIMITEDLIABIUTYCOt.lPANY

NAMEDAVIDSER\IIANSl<Y TITtEPRrnDENT

rnE 10 FOOT NORTHERLY ANO 15 FOOT EAST£RLY LANDSCAPE BUFFER EASEt.lENTS DESIGNATED AS "LBC, AS SHOWN HEREON, ARE HEREBY DEDICATED TO AVENIR DEVELOPMENT, LLC, A FLORIDA Llt.llTED UABILITY COMPANY. ITS SUCCESSORS AND ASSIGNS,FORLANOSCAPEBUFFERPURPOSES.LANOSENCUt.lBEREDBY'SAIDEASEt.lENTSSHALLBErnEPERPETlJALt.lAINTENANCE RESPONSIBIUTYOFrnEO"™ERSTHEREOF,THEIRSUCCESSORSANDASSIGNS,'MTHOUTRECOURSETOTHECITYOFPALt.lBEACH GAROENS.STRUCTURE'St.lAYBEPERt.llTT[D'MTHINTHELANDSCAPEBUFFEREASEMENTSASAPPROVEOOR'MTHPRIOR\\RlffiN CONSENTOFAVENIROEVELOPt.lENT.LLC,AFLORIDALlt.llTEDLIABILITYCOMPANY.ITSSUCCESSDRSANOA'SSIGNSANDrnEclTYOF PALt.lBEACHGARDENS.

SEACOASTUTlLITYAUTHORITYEASEt.lENTS,ASSHOWNHEREON  ANDOESIGNATEOAS"SUAE",AREHEREElYOEOICAT£DIN PERPETUITY TO SEACOAST UTlLITY AUlliORITY, ITS SUCCESSORS AND ASSIGNS, FOR THE INSTALLATlON, OPERATION AND MAINT£NANCE OF WAT£R AND SEW£R FACILITIES. LANDS ENCUMBERED BY SAID EASEMENT SHALL BE THE PERPETUAL MAINT[NANCE RESPONSIBIUTY OF THE UNDERLYING LANDOWNER, ITS SUCC£SSORS AND ASSIGNS. wirnouT RECOURSE TO SEACOAST UTlLITYAUTHORITYANOWITHOUTRECOIJRSETOTHECITYOFPALMBEACHGAROENS

'· TRACT "W'. AS SHOWN HEREON. IS HEREBY DEDICATED TO AVENIR Cot.H.IUNITY DE\IELOPMENT DISTRICT. ITS SUCCESSORS AND ASSIGNS, FOR PUBUC ACCESS, STORM WATER t.lANA(;(t.lENT ANO DRAINAGE PURPOSES AND SHALL BE THE PERPETUAL
MAINTENANCE OBUGATION Of' SAID AVENIR CQt.lMUNITY DEVELOPMENT DISTRICT, ITS SUCCESSORS ANO ASSIGNS, 'MTHOUT RECOURSE TOTHECITYOf'PALt.lBEACHGAROENS

5. TRACT "Lt.I', AS SHOWN HEREON, IS HEREBY DEDICATED TOAVENIR COt.lMUNITYOE\IELOPMENTDISTRICT, ITS SUCCESSORS AND ASSIGNS, FOR ACCESS TO THE ADJOINING STORM WATER t.lANACEMENT TRACT FOR PURPOSES or PERFORMING ANY AND ALL
MAINTENANCE ACTIVITlES PURSUANT TO THE MAINTENANCE OBUGATION Of' SAID AVENIR COMMUNITY DEVELOPMENT DISTRICT, ITS SUCCESSORSANOASSIGNS,'MTHOUTRECOURSETOlliECITYOFPALt.lBEACHGARDENS.STRUCTURESANDLANDSCAPINGt.lAYBE    PERMITTED 'MTHIN SAID TRACT AS APPRO\IED BY OR 'Mm PRIOR \\RITTEN CONSENT OF THE AVENIR COt.lMUNITY DEVELOPMENT OISTRICTANOTHECITYOFPALMBEACHGARDENS

INFORMATIONAL NOTE: THE FOLLO'MNG RELATES TO ROADWAYS WITHIN AVENIR 1'<!11CH ARE LOCATED OUTSIDE OF mis PLAT BUT MAYPRO\IIDEACCESSTOrnEPROPERTYWITHINrnlSPLAT:  AVENIRDRI\IE(A/K/ASPINEROA04,5A/5B,AN070NrnE AVENIR PCO MASTER PLAN), OOCONUT BOIJLEVARD (A/K/A Sf'INE ROAD l.2 AND 3 ON rnE AVENIR PCD MASTER PLAN), AND PANTHER NATIONAL BOIJLEVARD (A/K/A Sf'INE ROAD 6 ANO 8 ON THE AVENIR PCO MASTER PLAN) ARE DEDICATED FOR PUBLIC ACCESS ANO RIGHT-Of-WAY USE IN PERPETUITY. ACCORDINGLY, TRAVEL ON AND ACCESS TO A\IENIR DRIVE. COCONUT
it j. AND PANTHER NATIONAL BOULEVARD SHALL NOT BE IMPEDED, LIMITED, OR RESTRICTED IN ANY MANNER OR FASHION

AVENIR DEVELOPMENT. LLC.
A FLORIDA LIMITED LIABILITY COMPANY,
STATE Of FLORIDA) COIJNTYOFt.llAMI-DAOE)
IN WITNESS WHEREOF, THE ABOVE NAMED A\IENIR DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITYCOMPANY,HASCAUS£DTHESEPRES£NTSTOBESIGNEDBYITSPRESIOENT,  THIS 	 DAY Of'	2025
: 1i!  Mi:iAe COMPANY.

AVENIR COMMUNITY DEVELOPMENT DISTRICT
STATEOf'fl.ORIOA) COIJNTYOFMIAMI-OADE)
INWITNESSWHEREor,rnEAVENIRCOMt.lUNITYDEVELOPMENTDISTRICT,ALOCALUNITor    SPECIALPURPOSEC0VERNMENTORGANIZEOANDEXISTIN(;PURSUANTTOCHAPTER190,   FLORIDA STATlJTES, HAS CAUSED rnESE PRESENTS TO BE SIGNED FOR AND ON ITS BEHALfBYrnECHAIRMANorlTSBOARDOFSUPERVISORS,
mis --  DAY OF	2025

ACKNOWLEDGEMENT:
STATEOf'fl.ORIDA) COUNTY or MIAMI-DADE)

THE FOREGOING INSTRUMENT WAS ACKNOWI..EOGEO BEFORE ME BY MEANS or   PHYSICAL PRESENCE OR   ONUNE NOTARIZATION, THIS 	 DAYOf'
	 2023, BY DAVID SER\IIANSl<Y. PRESIDENT, ON BEHALF OF
: :	;R  LIMITED UABILITY COMPANY, O NiiriC: ALLY

CITY OF PALM BEACH GARDENS APPROVAL OF PLAT:
STATE or FLORIDA) COIJNTYOFPALt.lBEACH)
THIS PLAT IS HEREBY APPROVED SRECOOD, THIS 	

PATRICIASNIDER,CMC DTY CLERK

THIS PLAT IS HEREBY APPROVED 5RECOOD, mis----- DAY Of'

TITLE CERTIFICATION:
STATEorflORIDA)  COUNTY or PALM BEACH)
I, TYRONE T. BONGARD, ESQ., A DULYLICENSEDATTOONEYIN THESTATEorfl.OOIOA, DO HEREBY CERTIFY rnAT I HAVE EXAMINED THE TITLE TO rnE HEREON DESCRIBED PROPERTY: THAT lf1NDrnETITLETOrnEPROPERTYISVESTEOINAVENIRDEVELOPMENT,LlC,Afl.ORIDALlt.llTED  LIABILITY COMPANY: THAT lliE CURRENT TAXES HAVE BEEN PAID: THAT All MORTGAGES NOT SATlSFlED OR RELEASED OF RECORD NOO ornERWISE TERMINATED BY LAW ARE SHO"™ HEREON, ANDTHATTHEREAREENCUMBRANCESOFRECOOOBUTTI-IOSEENCUMBRANCESDONOTPROHIBIT THECREATIONOf'THESUBDI\IISIONDEPICTEDBYTHISPLAT

TYRONET.BONGARO,ESO, ATTORNEY AT LAW FLOOIDABARf649295
FOR rnE FIRM OF CUNSTER, YOAKLEY & STEWART. P.A

SURVEY NOTES:

IN   rnOSECASESYIHEREEAS£MENTSOf'OlffERENTT't1'ESCfiOSSOROTHER'MSECOINCIOE, DRAINAGE EAS£MENTS SHALL HAVE FlRSTPRIORITY, UTILJTYEASEMENTS SHALL HA\/£ S£COND PRIORITY, ACCESS EASEMENTS SHALL HAVE THIRD PRIORITY, ANO All OTHER EASEMENTS SHALL BE SUBORDINATE TO rnESE WITH T1"EIR PRIORITIES BEIN(;OETERMINEO BY USE Rl(;HTS (;RANTED
BI.JILDINGS£TBACKLINESSHALLBEASREOUIREDBYCURRENTCITYOf'PALMBEACHGARDENS  ZONINGRECULATIONS
NOBUILDINGSORANYKINDOf'C0NSTRUCTIONORTREESORSHRUBSSHALLBEPLACEOON  AN EASEMENT WITHOUT PRIOR WRlffiN CONSENT Of' All EASEMENT BENEF1CIARIES ANO ALL APPLICABLECITYAPPRO\/ALSORPERMITSASREQUIREDFORSUCHENCROACHMENTS
BEARINGS SHOWN HEREON ARE RELATIVE TO A PLAT BEARING Of' 586-S4'02"W ALONG rnE SOIJTHLINEorTRACTC.A\IENIRPARCELD,ASRECORDEOINPLATBOOl(1J7,PAGE:27,orTHE      PUBLICRECOROSorPALt.lBEACHCOIJNTY,FLORIDA
UNES INTERSECTING CURVES ARE NON-RADIAL UNLESS SHOWN ornER'MSE
"NOTICE" T1"1S PLAT, AS RECORDED IN ITS (;i<APHIC FORM, IS rnE OFFICIAL DEPICTION Of' THESUBDIVIDEDLANDSDESCRIBEDHEREINANDWILLINNOCIRCUMSTANCESBESUPPLANTEDIN  AUTHO!llTYBYANYOrnERGl<APHICORDIGITALFORt.lOFTHEPLAT.THEREt.lAYBEADDlilONAL    RESTRICTJONSTHATARENOTRECOROEOONTHISPLATTHATt.lAYBEFOUNOINrnEPUBLIC   RECORDSOf'PALMBEACHCOIJNTY
ALLINSTRUMENTSSHOWNONTHISPLATARERECOROEOINrnEPUBLICRECORDSOf'PALM  BEACHCOONTY,FLORIOA

: -,,------

A\/ENIR DEVELOPMENT, LLC,

8Y:M.o.NUElM.MAT0 PRESIDENT

BY:VIRGINIACEPERO
CHAIRMAN

TOOD ENGLE, PE CITY ENGINEER

CERTIFICATE OF RE"1EW BY CITYS SURVEYOR:
THIS PLAT HAS BEEN REVIEW£D FOR CONFORMITY IN ACCORDANCE Wlrn CHAPTER

SURVEYOR'S CERTIFICATE:
THIS IS TO CERTIFY THAT rnE PLAT SHO"™ HEREON IS A TRUE AND CORRECT REPRESENTATIONOFASURVEYt.lAOEUNDERMYRESPONSIBLEOIRECTIONANDSUPERVISION: THATSAIDSUR\IEYIS ACCURATE TO rnE BESTorMYKNOWI.EOGE ANO BEUEF: THAT PERMANENT REFERENCE MONUMENTS (P.R.M.'S} ACCORDING TO SEC. 177.091(7), F.S. HAVE BEENPLACEDANDPERMANENTCONTROLPOINTS{P.C.P.'S)ACCORDINGTOSEC.177.D91(8) 'Mll BE PLACED AS REQUIRED BY LAW ANO lliAT MONUt.lENTS ANO PERMANENT CONTROL POINTS{P.C.P.'S)'MLLBESETUNDERrnEGUARANTEESPOSTEDWITHrnECITYorPALM BEACHCARDENSFORTHEREQUIREOlt.lPRO\IEMENTS,  ANDFlJRlliER,THATTHEPLATANO

A FLORIDA LIMITED LIABILITY COMPANY. ACKNOWLEDGEMENT:
STATEOf'flORIDA) COUNTY OF MIAMI-DADE)

= =  =

rnE FOREGOING INSTRUMENT WAS ACl<NOWI..EDGED BEFORE ME BY MEANS or - PHYSICAL PRESENCE OR -  ONLINE NOTARIZATION, mis---- DAY OF

';;Tio;:;

2025, BY MANUEL M. t.lATO, PRESIDENT, ON BEHALF Of' AVENIR DE\IELOPMENT, LLC, A fl.ORIOA LIMITED LIABIUTY COMPANY, 'M-lO IS _
KNOWN TO t.lE OR HAS PRODUCED 	 ,s

AVENIR COMMUNITY DEVELOPMENT DISTRICT ACKNOWLEDGEMENT:
STATE or FLORIDA) COIJNTYOf'MIAMI-OAOE)
rnE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MEANS or -­ PHYSICAL PRESENCE OR -  ONLINE NOTARIZATION, mis----- DAY or
0
'" =., ,"'=ORS C, rn ,-.=\l[Nl: t M N Gl tVE -T c	'{Li;ALBOuA!
SPECIAL PURPOSE GOVERNMENT ESTABLISHED PURSUANT TO CHAPTER 190, fl.OOIOA STATUTES, ON BEHALF or THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, WrlO IS  
D ; -KNOWN TO ME OR HAS PRODUCED 	 ,s

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ORrnEFIELOVERIF1CATIONorMONUMENTSATLOTCORNERS

SURVEY DATA COMPLIES V.,TH ALL rnE REQUIREMENTS Of' CHAPTER 177, PART 1. PLATTING, FLORIDASTATUTES,ASAMENOED

; ris;ON,t5R :VEYOR MAPPER 16272

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CAULFIELOAND'M1EELER.INC SUR\IEYORS-ENCINEERS-PLANNERS 7900Cl..ADESROAD,SUITE700 CERTIFICATIONOfAUlHORIZATIONNO.LB

CITYOf'PALMBEACHGARDENS

CITYOFPALMBEACHGARDENS ENGINEER

CCiMMISSIONNUt.lBER·		

HEALTH	PARK	AT	AVENIR
BEING A REPLAT OF TRACT C, AVENIR PARCEL D, AS RECORDED IN PLAT BOOK 137, PAGE 21 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 & WHEELER, INC.
SURVEYORS - ENGINEERS - PLANNERS 7900 GLADES ROAD, SUllE 100
BOCA RATON, FLORIDA 33434 - (561)392-1991
CERTIFICATE Of AUTHORIZATION NO. L83591 JANUARY 2025

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(	12619,PAGE1l57}
{PLA1BOOl<47,PA(;E512-17)

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

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 Milepost Number SX 953.61, 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.

It 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 follows:

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

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP NO. FL2870
and construction of the Project shall be prepared, at Agency’s sole cost and expense, by Agency or CSXT or their respective contractors. Project plans, specifications and drawings prepared by or on behalf of Agency shall be subject, at CSXT’s election, to the review and approval of CSXT. Such plans, specifications and drawings, as prepared or approved by CSXT, are referred to as the “Plans”, and shall be incorporated and deemed a part of this Agreement. Plans prepared or submitted to and approved by CSXT as of the date of this Agreement are set forth in Exhibit B to this Agreement.

Effect of CSXT Approval or Preparation of Plans. By its review, approval or preparation of Plans pursuant to this Agreement, CSXT signifies only that such Plans and improvements constructed in accordance with such Plans satisfy CSXT’s requirements. CSXT expressly disclaims all other representations and warranties in connection with the Plans, including, but not limited to, the integrity, suitability or fitness for the purposes of Agency or any other persons of the Plans or improvements constructed in accordance with the Plans.

Compliance with Plans. The Project shall be constructed in accordance with the Plans.

Allocation and Conduct of Work

Work in connection with the Project shall be allocated and conducted as follows:

CSXT Work. Subject to timely payment of Reimbursable Expenses as provided by Section 4, CSXT shall provide, or cause to be provided, the services as set forth by Exhibit A to this Agreement. Agency agrees that CSXT shall provide all services that CSXT deems necessary or appropriate (whether or not specified by Exhibit A) to preserve and maintain its property and operations, without impairment or exposure to liability of any kind and in compliance with all applicable federal, state and local regulations and CSXT’s contractual obligations, including, but not limited to, CSXT’s existing or proposed third party agreements and collective bargaining agreements.

Agency Work. Agency shall perform, or cause to be performed, all work as set forth by Exhibit A, at Agency’s sole cost and expense.

Conduct of Work. CSXT shall commence its work under this Agreement following: (i) delivery to CSXT of a notice to proceed from Agency; (ii) payment of Reimbursable Expenses (as provided by Section 4.1) as required by CSXT prior to the commencement of work by CSXT; (iii) issuance of all permits, approvals and authorizations necessary or appropriate for such work; and (iv) delivery of proof of insurance acceptable to CSXT, as required by Section 9. The initiation of any services by CSXT pursuant to this Agreement, including, but not limited to, the issuance of purchase orders or bids for materials or services, shall constitute commencement of work for the purposes of this Section. The parties intend that all work by CSXT or on

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP NO. FL2870
CSXT property shall conclude no later than December 31, 2025, unless the parties mutually agree to extend such date.

Special Provisions. Agency shall observe and abide by, and shall require its contractors (“Contractors”) to observe and abide by the terms, conditions and provisions set forth in Exhibit C to this Agreement (the “Special Provisions”). To the extent that Agency performs Project work itself, Agency shall be deemed a Contractor for purposes of this Agreement. Agency further agrees that, prior to the commencement of Project work by any third party Contractor, such Contractor shall execute and deliver to CSXT Schedule I to this Agreement to acknowledge Contractor’s agreement to observe and abide by the terms and conditions of this Agreement.

Cost of Project and Reimbursement Procedures

Reimbursable Expenses. Agency shall reimburse CSXT for all costs and expenses incurred by CSXT in connection with the Project, including, without limitation: (1) all out of pocket expenses, (2) travel and lodging expenses, (3) telephone, facsimile, and mailing expenses, (4) costs for equipment, tools, materials and supplies, (5) sums paid to CSXT’s consultants and subcontractors, and (6) CSXT labor in connection with the Project, together with CSXT labor overhead percentages established by CSXT pursuant to applicable law (collectively, “Reimbursable Expenses”). Reimbursable Expenses shall also include expenses incurred by CSXT prior to the date of this Agreement to the extent identified by the Estimate provided pursuant to Section 4.2.

Estimate. CSXT has estimated the total Reimbursable Expenses for the Project as shown on Exhibit D (the “Estimate”, as amended or revised). In the event CSXT anticipates that actual Reimbursable Expenses for the Project may exceed such Estimate, it shall provide Agency with the revised Estimate of the total Reimbursable Expenses, together with a revised Payment Schedule (as defined by Section 4.3.1), for Agency’s approval and confirmation that sufficient funds have been appropriated to cover the total Reimbursable Expenses of such revised Estimate. CSXT may elect, by delivery of notice to Agency, to immediately cease all further work on the Project, unless and until Agency provides such approval and confirmation. Furthermore, the Agency acknowledges and understands that any estimated cost to construct the project shall only be good for a limited period of time and that any delays to move to construction, if CSXT agrees to such construction, shall result in increased costs.

Payment Terms.
Agency shall pay CSXT for Reimbursable Expenses in the amounts and on the dates set forth in the Payment Schedule as shown on Exhibit E (the “Payment Schedule”, as revised pursuant to Section 4.2). CSXT agrees to submit invoices to Agency for such amounts and Agency shall remit payment to CSXT at the later

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 shall be made by 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

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.

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.

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP NO. FL2870
Temporary Construction Licenses. Insofar as it has the right to do so, CSXT hereby grants Agency a nonexclusive license to access and cross CSXT’s property, to the extent necessary for the construction of the Project (excluding ingress or egress over public grade crossings), along such routes and upon such terms as may be defined and imposed by CSXT and such temporary construction easements as may be designated on the Plans approved by CSXT.

Temporary Construction Easements. CSXT may grant without warranty to Agency, if required, a temporary non-exclusive easement for access to the extent necessary for the project on terms and conditions and at a price acceptable to the parties..

Maintenance Agreement. Contemporaneous with the execution of this Agreement, CSXT and Agency have executed that certain Maintenance Agreement providing for Agency’s ongoing use, maintenance, repair, renewal and removal of the Project.

Permanent Easements. Insofar as it has the right to do so, CSXT shall grant, without warranty to Agency, easements for the use and maintenance (in accordance with the provisions of the Maintenance Agreement described in 6.4) of the Project wholly or partly on CSXT property as shown on the Plans approved by CSXT, if any, on terms and conditions and at a price acceptable to both parties. Upon request by CSXT, Agency shall furnish to CSXT descriptions and plat plans for the easements.

Permits At its sole cost and expense, Agency shall procure all permits and approvals required by any federal, state, or local governments or governmental agencies for the construction, maintenance and use of the Project, copies of which shall be provided to CSXT.
Termination
By Agency. For any reason, Agency may, as its sole remedy, terminate this Agreement by delivery of notice to CSXT. Agency shall not be entitled to otherwise pursue claims for consequential, direct, indirect or incidental damages or lost profits as a consequence of CSXT’s default or termination of this Agreement or Work on the Project by either party.

By CSXT. In addition to the other rights and remedies available to CSXT under this Agreement, CSXT may terminate this Agreement by delivery of notice to Agency in the event Agency or its Contractors fail to observe the terms or conditions of this Agreement and such failure continues more than ten (10) business days following delivery of notice of such failure by CSXT to Agency.

Consequences of Termination. If the Agreement is terminated by either party pursuant to this Section or any other provision of this Agreement, the parties understand that it may be impractical for them to immediately stop the Work. Accordingly, they agree that, in such instance a party may continue to perform Work until it has reached a point

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 returning 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 termination of this Agreement or the Work for any reason, CSXT’s only remaining obligation to Agency shall be to refund to Agency payments made to CSXT in excess of Reimbursable Expenses in accordance with Section 4.

Insurance In addition to the insurance that Agency requires of its Contractor, Agency shall acquire or require its Contractor to purchase and maintain insurance in compliance with CSXT’s insurance requirements attached to this Agreement as Exhibit F. Neither Agency nor Contractor shall commence work on the Project until such policy or policies have been submitted to and approved by CSXT’s Risk Management Department.

Ownership and Maintenance

By Agency. Agency shall maintain and repair, at its sole cost and expense, all parts comprising the permanent 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.

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.

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,

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 or 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 harmless with respect to any fines, penalties, liabilities, or other consequences arising from breaches of this Section.

“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.

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.
Survival. The provisions of this Section 11 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.

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
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 all 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 terms of the Exhibits shall be deemed controlling.

Waiver If 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 delivery of prior notice to the other party:

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

If to Agency:		Avenir Community Development District Special District Services, Incorporated 2501A Burns Road
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

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP NO. FL2870
County, Florida, and the parties agree to submit to the personal jurisdiction of any State or Federal court situated in Duval County, Florida.
BY SIGNING THIS AGREEMENT, I certify that there have been no changes made to the content of this Agreement since its approval by the CSXT Legal Department on November 5, 2021.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate, each by its duly authorized officers, as of the date of this Agreement.

AVENIR COMMUNITY DEVELOPMENT DISTRICT

By:		 Name:		 Title:	

CSX TRANSPORTATION, INC.

By:		 Edward D. Sparks
Chief Engineer – Bridges, Design & Construction

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

EXHIBIT A

ALLOCATION OF WORK

Subject to Section 2.1, work to be performed in connection with the Project is allocated as follows:

Agency shall let by contract to its Contractors:

Construction of all components, which includes but is not limited to all items listed under Section A of Exhibit A of the Agreement, of a new seventy-six foot (76’-0”) wide roadway, Coconut Boulevard, which crosses the CSXT right of way, with Department of Transportation Crossing Inventory Number 977004C, Railroad Milepost Number SX 953.61, as depicted in the approved plans.
Perform all asphalt work, including construction of roadway sub-base, stabilization, concrete Type F curb and gutter, concrete traffic separator, and any other work related to the construction of the new roadway.
Paving up to the proposed concrete panels on both sides of new crossing.
Placement of 104 linear foot (104’-0”) 36-inch (36”) reinforced concrete pipe with mitered end sections on the east (railroad east) side of the crossing
Perform all grading work, as depicted in the approved plans.
Placement of all roadway striping work, including implementation of the Dynamic Envelope.
Placement of erosion control devices.
Design and implement maintenance of traffic, including placement of maintenance of traffic devices.
Remove and remediate private crossing at Youth Camp Road/Halpatiokee Road, with Department of Transportation Crossing Number 628094S, Railroad Milepost Number SX 953.38, which includes asphalt removal approaching crossing and in between the rails, seeding area, and return section back to its natural state.
Install crossing closure signs with guard rails at Youth Camp Road/Halpatiokee Road crossing, with Department of Transportation Crossing Number 628094S, Railroad Milepost Number SX 953.38, in accordance with CSXT MWI 2523.
Implementation of simultaneous preemption.
Restore the CSXT right of way to a condition acceptable to CSXT, or CSXT Representative.
Remove  all  rubbish  and  debris  from  the  project  site.

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP NO. FL2870
All roadway work to be done in accordance with FDOT Roadway Standards 2023 - 2024, emphasizing FDOT Standard Index 830-T01 when approaching the tracks.

CSXT shall perform or cause to be performed:

Preliminary engineering services.
Construction and installation of rail, ties, ballast, and other rail-related components to accommodate new crossing at Coconut Boulevard with Department of Transportation Crossing Inventory Number 977004C, Railroad Milepost Number SX 953.61.
Install concrete panels at Coconut Boulevard with Department of Transportation Crossing Inventory Number 977004C, Railroad Milepost Number SX 953.61.
Installation of one (1) cantilever/gate with flashers and bell combo unit, one (1) flashing lights and gate unit with bell, one (1) median flashing lights and gate unit, AC meter service, eight foot by eight foot (8’-0” x 8’-0”) circuit house, train detection circuitry, and simultaneous preemption circuit for interconnect, in accordance with CSXT SS220 and FDOT Index 509-070.
Removal and disposal of railroad related waste materials; Clean-up of the work site at Coconut Boulevard crossing.
Any other services, equipment, and components deemed necessary to place crossing in-service in a safe and efficient manner.
Flagging services and other protective services and devices as may be necessary.
Construction engineering and inspection to protect the interests of CSXT.
All work to be in accordance with CSXT MWI 901-08 and CSXT MWI 2527.

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

PLANS AND SPECIFICATIONS

Plans, Specifications and Drawings:

As of the date of this Agreement, the following plans, specifications and drawings have been submitted by Agency to CSXT for its review and approval:

SHEET	DESCRIPTION	PREPARER	DATE	
N/A	Proposed Crossing Layout	Alfred Benesch & Co.	06/21/23	
6	Drainage Map (5)	WGI	10/03/24	
10	Typical Section (3)	WGI	10/03/24	
50	Roadway Plan (20) Coconut Blvd.	WGI	10/03/24	
53	Roadway Plan (23) SR 710	WGI	10/03/24	
75	Roadway Profile Coconut Blvd.	WGI	10/03/24	
80	Grading Detail (2)	WGI	10/03/24	
S-21	Signing and Paving Marking Plan	WGI	10/03/24	
	(20) Coconut Blvd.			
S-25	Signing and Paving Marking Plan	WGI	10/03/24	
	(24) SR 710			
T-6	Signalization Plan	WGI	10/03/24	
N/A	Drainage Structures	WGI	10/22/24	

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

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

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

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

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

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

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

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

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

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

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

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

CSXT SPECIAL PROVISIONS

DEFINITIONS:

As used in these Special Provisions, all capitalized terms shall have the meanings ascribed to them by the Agreement, and the following terms shall have the meanings ascribed to them below:

“CSXT” shall mean CSX Transportation, Inc., its successors and assigns.
“CSXT Representative” shall mean the authorized representative of CSX Transportation, Inc. “Agreement”	shall	mean	the	Agreement	between	CSXT	and	Agency	dated	as	of
	, as amended from time to time.

“Agency” shall mean the Avenir Community Development District.

“Agency Representative” shall mean the authorized representative of Avenir Community Development District.

“Contractor” shall have the meaning ascribed to such term by the Agreement. “Work” shall mean the Project as described in the Agreement.
AUTHORITY OF CSXT ENGINEER

The CSXT Representative shall have final authority in all matters affecting the safe maintenance of CSXT operations and CSXT property, and his or her approval shall be obtained by the Agency or its Contractor for methods of construction to avoid interference with CSXT operations and CSXT property and all other matters contemplated by the Agreement and these Special Provisions.

INTERFERENCE WITH CSXT OPERATIONS
Agency or its Contractor shall arrange and conduct its work so that there will be no interference with CSXT operations, including train, signal, telephone and telegraphic services, or damage to CSXT’s property, or to poles, wires, and other facilities of tenants on CSXT’s Property or right-of-way. Agency or its Contractor shall store materials so as to prevent trespassers from causing damage to trains, or CSXT Property. Whenever Work is likely to affect the operations or safety of trains, the method of doing such Work shall first be submitted to the CSXT Representative for approval, but such approval shall not relieve Agency or

C-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
its Contractor from liability in connection with such Work.

If conditions arising from or in connection with the Project require that immediate and unusual provisions be made to protect train operation or CSXT’s property, Agency or its Contractor shall make such provision. If the CSXT Representative determines that such provision is insufficient, CSXT may, at the expense of Agency or its Contractor, require or provide such provision as may be deemed necessary, or cause the Work to cease immediately.

NOTICE OF STARTING WORK. Agency or its Contractor shall not commence any work on CSXT Property or rights-of-way until it has complied with the following conditions:

Notify CSXT in writing of the date that it intends to commence Work on the Project. Such notice must be received by CSXT at least ten business days in advance of the date Agency or its Contractor proposes to begin Work on CSXT property. The notice must refer to this Agreement by date. If flagging service is required, such notice shall be submitted at least thirty (30) business days in advance of the date scheduled to commence the Work.

Obtain authorization from the CSXT Representative to begin Work on CSXT property, such authorization to include an outline of specific conditions with which it must comply.

Obtain from CSXT the names, addresses and telephone numbers of CSXT’s personnel who must receive notice under provisions in the Agreement. Where more than one individual is designated, the area of responsibility of each shall be specified.

WORK FOR THE BENEFIT OF THE CONTRACTOR

No temporary or permanent changes to wire lines or other facilities (other than third party fiber optic cable transmission systems) on CSXT property that are considered necessary to the Work are anticipated or shown on the Plans. If any such changes are, or become, necessary in the opinion of CSXT or Agency, such changes will be covered by appropriate revisions to the Plans and by preparation of a force account estimate. Such force account estimate may be initiated by either CSXT or Agency, but must be approved by both CSXT and Agency. Agency or Contractor shall be responsible for arranging for the relocation of the third party fiber optic cable transmission systems, at no cost or expense to CSXT.

Should Agency or Contractor desire any changes in addition to the above, then it shall make separate arrangements with CSXT for such changes to be accomplished at the Agency or Contractor’s expense.

C-2

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

HAUL ACROSS RAILROAD

If Agency or Contractor desires access across CSXT property or tracks at other than an existing and open public road crossing in or incident to construction of the Project, the Agency or Contractor must first obtain the permission of CSXT and shall execute a license agreement or right of entry satisfactory to CSXT, wherein Agency or Contractor agrees to bear all costs and liabilities related to such access.

Agency and Contractor shall not cross CSXT’s property and tracks with vehicles or equipment of any kind or character, except at such crossing or crossings as may be permitted pursuant to this section.

COOPERATION AND DELAYS

Agency or Contractor shall arrange a schedule with CSXT for accomplishing stage construction involving work by CSXT. In arranging its schedule, Agency or Contractor shall ascertain, from CSXT, the lead time required for assembling crews and materials and shall make due allowance therefore.

Agency or Contractor may not charge any costs or submit any claims against CSXT for hindrance or delay caused by railroad traffic; work done by CSXT or other delay incident to or necessary for safe maintenance of railroad traffic; or for any delays due to compliance with these Special Provisions.

Agency and Contractor shall cooperate with others participating in the construction of the Project to the end that all work may be carried on to the best advantage.

Agency and Contractor understand and agree that CSXT does not assume any responsibility for work performed by others in connection the Project. Agency and Contractor further understand and agree that they shall have no claim whatsoever against CSXT for any inconvenience, delay or additional cost incurred by Agency or Contractor on account of operations by others.

STORAGE OF MATERIALS AND EQUIPMENT

Agency and Contractor shall not store their materials or equipment on CSXT’s property or where they may potentially interfere with CSXT’s operations, unless Agency or Contractor has received CSXT Representative’s prior written permission. Agency and Contractor understand and agree that CSXT will not be liable for any damage to such materials and equipment from any cause and that CSXT may move, or require Agency or Contractor to move, such material and equipment at Agency’s or Contractor’s sole expense. To minimize the possibility of damage to the railroad tracks resulting from the

C-3

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP NO. FL2870
unauthorized use of equipment, all grading or other construction equipment that is left parked near the tracks unattended by watchmen shall be immobilized to the extent feasible so that it cannot be moved by unauthorized persons.

CONSTRUCTION PROCEDURES

General

Construction work on CSXT property shall be subject to CSXT’s
inspection and approval.
Construction work on CSXT property shall be in accord with CSXT’s
written outline of specific conditions and with these Special Provisions.
Contractor shall observe the terms and rules of the CSXT Safe Way manual, which Agency and Contractor shall be required to obtain from CSXT, and in accord with any other instructions furnished by CSXT or CSXT’s Representative.

Blasting

Agency or Contractor shall obtain CSXT Representative’s and Agency Representative’s prior written approval for use of explosives on or adjacent to CSXT property. If permission for use of explosives is granted, Agency or Contractor must comply with the following:

Blasting shall be done with light charges under the direct supervision of a responsible officer or employee of Agency or Contractor.

Electric detonating fuses shall not be used because of the possibility of premature explosions resulting from operation of two-way train radios.

No blasting shall be done without the presence of an authorized representative of CSXT. At least 10 days’ advance notice to CSXT Representative is required to arrange for the presence of an authorized CSXT representative and any flagging that CSXT may require.

Agency or Contractor must have at the Project site adequate equipment, labor and materials, and allow sufficient time, to (i) clean up (at Agency’s expense) debris resulting from the blasting without any delay to trains; and (ii) correct (at Agency’s expense) any track misalignment or other damage to CSXT’s property resulting from the blasting, as directed by CSXT Representative,

C-4

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP NO. FL2870
without delay to trains. If Agency’s or Contractor’s actions result in delay of any trains, including Amtrak passenger trains, Agency shall bear the entire cost thereof.

Agency and Contractor shall not store explosives on CSXT property.

CSXT Representative will:

Determine the approximate location of trains and advise Agency or Contractor of the approximate amount of time available for the blasting operation and clean-up.

Have the authority to order discontinuance of blasting if, in his or her opinion, blasting is too hazardous or is not in accord with these Special Provisions.

MAINTENANCE OF DITCHES ADJACENT TO CSXT TRACKS

Agency or Contractor shall maintain all ditches and drainage structures free of silt or other obstructions that may result from their operations. Agency or Contractor shall provide erosion control measures during construction and use methods that accord with applicable state standard specifications for road and bridge construction, including either
(1) silt fence; (2) hay or straw barrier; (3) berm or temporary ditches; (4) sediment basin;
(5) aggregate checks; and (6) channel lining. All such maintenance and repair of damages due to Agency’s or Contractor’s operations shall be performed at Agency’s expense.

FLAGGING / INSPECTION SERVICE

CSXT has sole authority to determine the need for flagging required to protect its operations and property. In general, flagging protection will be required whenever Agency or Contractor or their equipment are, or are likely to be, working within fifty (50) feet of live track or other track clearances specified by CSXT, or over tracks.

Agency shall reimburse CSXT directly for all costs of flagging that is required on account of construction within CSXT property shown in the Plans, or that is covered by an approved plan revision, supplemental agreement or change order.

Agency or Contractor shall give a minimum of 10 days’ advance notice to CSXT Representative for anticipated need for flagging service. No work shall be undertaken until the flag person(s) is/are at the job site. If it is necessary for CSXT to advertise a flagging job for bid, it may take up to 90-days to obtain this

C-5

Palm Beach Gardens, Palm Beach County, FL
New Crossing at Coconut Blvd 977004C; Florida Zone
Auburndale Subdivision; SX 953.61
CSXT OP NO. FL2870
service, and CSXT shall not be liable for the cost of delays attributable to obtaining such service.

CSXT shall have the right to assign an individual to the site of the Project to perform inspection service whenever, in the opinion of CSXT Representative, such inspection may be necessary. Agency shall reimburse CSXT for the costs incurred by CSXT for such inspection service. Inspection service shall not relieve Agency or Contractor from liability for its Work.

CSXT shall render invoices for, and Agency shall pay for, the actual pay rate of the flagpersons and inspectors used, plus standard additives, whether that amount is above or below the rate provided in the Estimate. If the rate of pay that is to be used for inspector or flagging service is changed before the work is started or during the progress of the work, whether by law or agreement between CSXT and its employees, or if the tax rates on labor are changed, bills will be rendered by CSXT and paid by Agency using the new rates. Agency and Contractor shall perform their operations that require flagging protection or inspection service in such a manner and sequence that the cost of such will be as economical as possible.

UTILITY FACILITIES ON CSXT PROPERTY

Agency shall arrange, upon approval from CSXT, to have any utility facilities on or over CSXT Property changed as may be necessary to provide clearances for the proposed trackage.

CLEAN-UP

Agency or Contractor, upon completion of the Project, shall remove from CSXT’s Property any temporary grade crossings, any temporary erosion control measures used to control drainage, all machinery, equipment, surplus materials, falsework, rubbish, or temporary buildings belonging to Agency or Contractor. Agency or Contractor, upon completion of the Project, shall leave CSXT Property in neat condition, satisfactory to CSXT Representative.

FAILURE TO COMPLY

If Agency or Contractor violate or fail to comply with any of the requirements of these Special Provisions, (a) CSXT may require Agency and/or Contractor to vacate CSXT Property; and (b) CSXT may withhold monies due Agency and/or Contractor; (c) CSXT may require Agency to withhold monies due Contractor; and (d) CSXT may cure such failure and the Agency shall reimburse CSXT for the cost of curing such failure.

C-6

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

FORCE ACCOUNT ESTIMATE

D-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

EXHIBIT E

PAYMENT SCHEDULE

Advance Payment in Full

Upon execution and delivery of notice to proceed with the Project, Agency will deposit with CSXT a sum equal to the Reimbursable Expenses, as shown by the Estimate. If CSXT anticipates that it may incur Reimbursable Expenses in excess of the deposited amount, CSXT will request an additional deposit equal to the then remaining Reimbursable Expenses which CSXT estimates that it will incur. CSXT shall request such additional deposit by delivery of invoices to Agency. Agency shall make such additional deposit within 30 days following delivery of such invoice to Agency.

E-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
EXHIBIT F
INSURANCE REQUIREMENTS
Insurance Policies:

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

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. If 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 $10,000,000, which insurance shall satisfy the following additional requirements:

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.

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.

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.

F-2

SCHEDULE I

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 AVENIR 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 11 of the Agreement.

Contractor: 	

By: 	 Name: 		 Title: 		 Date: 		

\\COR\130459.7

I-1

RESOLUTION 2025-07

A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT DESIGNATING MICHAEL J. PAWELCZYK AS THE DISTRICT’S REGISTERED AGENT AND DESIGNATING THE OFFICE OF BILLING, COCHRAN, LYLES, MAURO & RAMSEY, P.A. AS THE REGISTERED OFFICE

WHEREAS, Section 189.014, Florida Statutes requires that the Avenir Community Development District (the “District”) designate a registered office and a registered agent, and further authorizes the District to change its registered office and registered agent, at the discretion of the District Board of Supervisors (the “Board”); and

WHEREAS, the designation of both a registered office and a registered agent is for the purpose of accepting service of process, notice, or demand that is required or permitted by law to be served upon the District; and
WHEREAS, the Board has been informed by the office of District Counsel that there is a need to designate a new registered agent for the District; and

WHEREAS, the Board seeks designate Michael J. Pawelczyk as the registered agent for the District, and update the business address of the registered office of the District, as necessary.

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

Section 1.	The foregoing recitals are hereby incorporated as findings of fact of the Board.
Section 2.  Michael J. Pawelczyk is hereby designated as the registered agent for the District, thereby replacing any previously designated registered agent.

Section 3.  The registered office of the District is hereby designated as the office at Billing, Cochran, Lyles, Mauro & Ramsey, P.A., 515 East Las Olas Boulevard, Suite 600, Fort Lauderdale, Florida 33301. The registered office is identical to the business address of the registered agent designated in Section 2 of this Resolution.

Section 4. Pursuant to the requirements of Section 189.014(2), Florida Statutes, the District’s Secretary shall transmit copies of this Resolution to the local governing authority or authorities and to the Florida Department of Economic Opportunity.

Section 5.  All resolutions or parts of resolutions in conflict herewith are repealed to the extent of such conflict.

1

Section 6.   If any clause, section or other part or application of this Resolution is held by a court of competent jurisdiction to be unconstitutional, illegal or invalid, in part or as applied, it shall not affect the validity of the remaining portions or applications of this Resolution.

Section 7.	This Resolution shall be effective immediately upon adoption.

PASSED AND ADOPTED THIS 23rd DAY OF JANUARY, 2025.

ATTEST:

AVENIR
COMMUNITY DEVELOPMENT DISTRICT

	

Jason Pierman	Virgina Cepero
Secretary/Assistant Secretary	Chair/Vice-Chair, Board of Supervisors

2

QUOTATION / PROPOSAL

6701 Garden Rd, Suite 1 ■ Riviera Beach FL 33404

1.013.2025
Quoted By: Louis Palemro Terms: Net 30 Days
Estimated Delivery: 14-21 days Job Name: Avenir

{561} 844-0248 Office -- {561} 844-9629 Fax	Fluridone Treatments for Hydrilla & Tape Grass
Lake 12

LAKE	
Part #	
Description / Additional Description	Unit
List Price	Total
List Price		

12	130	FluridoneTreatment of Hydrilla & Spatter Dock (Lilies)	$17.19	$	2,234.70		

						

						

SALES TAX (7%)	156͘43
SUBTOTAL	$	2,391.13
FREIGHT ESTIMATE (to be determined at time of order)	0
TOTAL NET COST WITH FREIGHT & HANDLING	$2,391.13

01/21/2025

362 Northlake Blvd, Palm Beach Gardens Fl 33410  |  Phone: 305-246-3223  |  FAX: 786-536-7686
Proposal

W.O. Date:
Attn: Company: Project: Address: Property:
Property Address:

01/21/2025

Billing Address:

W/O # 18

Richard Salvatore Vesta Properties
00157 E Avenir Clubhouse

Avenir Clubhouse 12255 Avenir Dr.

Product Description		Size	QTY	Unit Cost	Total	
Silver Buttonwood	15 Gallon		24.00	$120.00	$2,880.00	
Chocolate Brown Mulch	Yards		2.00	$75.00	$150.00	
Top Soil	1 Yard		1.00	$90.00	$90.00	
Labor (Demo, Prep, Delivery, Disposal, Etc.)	Lump Sum		1.00	$180.00	$180.00	
				Grand Total	$3,300.00	

01/21/2025

362 Northlake Blvd, Palm Beach Gardens Fl 33410  |  Phone: 305-246-3223  |  FAX: 786-536-7686

13. Assignment: The Customer and the Contractor respectively, bind themselves, their partners, successors, assignees and legal representative to the other party with respect to all covenants of this Agreement. Neither the Customer nor the Contractor shall assign or transfer any interest in this Agreement without written consent of the other provided, however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities, consolidation, change of control or corporate reorganization.

Terms of Service

1. The Contractor shall recognize and perform in accordance with written terms, written specifications and drawings only contained and referred to herein. All materials shall conform to bid specifications.

2. Work Force: Contractor shall designate a qualified representative with experience in landscape maintenance/construction upgrades or when applicable in tree management. The workforce shall be competent and qualified, and shall be legally authorized to work in the U.S.

3. License and Permits: Contractor shall maintain a Landscape Contractor’s license, if required by State or local law, and will comply with all other license requirements of the City, State and Federal Governments, as well as all other requirements of law. Unless otherwise agreed upon by the parties or prohibited by law, Customer shall be required to obtain all necessary and required permits to allow the commencement of the Services on the property.

4. Taxes Contractor agrees to pay all applicable taxes, including sales or General Excise Tax (GET), where applicable.

5. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker’s Compensation Insurance, and any other insurance required by law or Customer, as specified in writing prior to commencement of work. If not specified, Contractor will furnish insurance with
$1,000,000 limit of liability.

6. Liability: Contractor shall not be liable for any damage that occurs from Acts of god defined as extreme weather conditions, fire, earthquake, etc. and rules, regulations or restrictions imposed by any government agency, national or regional emergency, epidemic. Pandemic, health related outbreak or other medical events not caused by one or other delays or failure of performance beyond the commercially reasonable control of either party. Under these circumstances, Contractor shall have the right to renegotiate the terms and prices of the Contract within sixty (60) days.

7. Any illegal trespass, claims and/or damages resulting from work requested that is not on property owned by Customer or not under Customer management and control shall be the sole responsibility of the Customer.

8. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment.

9. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders, and will become an extra charge over and above the estimate.

10. Access to Jobsite: Customer shall provide all utilities to perform the work. Customer shall furnish access to all parts of the jobsite where Contactor is to perform the work as required by the Contract or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the Customer makes the site available for performance of the work.

11. Payment Terms: Upon signing this Agreement, Customer shall pay Contractor 50% of the Proposed Price and the remaining balance shall be paid by Customer to Contractor upon completion of the project, unless otherwise, agreed to in writing.

12. Termination: This Work Order may be terminated by either party with or without cause, upon seven (7) workdays advance written notice. Customer will be required to pay for all materials purchased and work complete to the date of termination and reasonable charges incurred in demobilizing.

14. Disclaimer: This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means, at or around the time this proposal was prepared. The price quoted in this proposal for the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein or liable for any incidents/accidents resulting from
conditions, that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. Contractor cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed herein cannot guarantee exact results. Professional engineering, architectural, and/or landscape design services are not included in this Agreement and shall not be provided by the contractor. Any design defects in the Contract Documents are the sole responsibility of the Customer. If the Customer
must engage a licensed engineer, architect, and or landscape design professional, any costs concerning these Design Services are to be paid by the customer directly to the designer involved.

15. Cancellation: Notice of Cancellation of work must be received in wiring before the crew is dispatched to their location or Customer will be liable for a minimum travel charge of $150.00 and billed to the Customer.

16. Tree and Stump Removal: Trees removed will be cut as close to the ground as possible based on conditions to or next to the bottom of the tree trunk.
Additional charges will be levied for unseen hazards such as, but not limited to concrete brick filled trunks, metal rods, etc. If requested mechanical grinding of visible tree stump will be done to a defined width and depth below ground level at an additional charge to the Customer. Defined backfill and landscape material may be specified. Customer shall be responsible for contacting the appropriate underground utility locator company to locate and mark underground utility lines prior to start of work. Contractor is not responsible for damage done to underground utilities such as but not limited to, cables, wires, pipes, and irrigation parts. Contractor will repair damaged irrigation lines at the Customer’s expense.

17. Waiver of Liability: Requests for crown thinning in excess of twenty-five percent (25%) or work not in accordance with ISA (International Society of Arboriculture) standards will require a signed waiver of liability.

18. Acceptance of this Contract: By executing this document, Customer agrees to the formation of a binding contract and to the terms and conditions set forth herein, Customer represents that Contractor is authorized to perform the work stated on the face of this Contract. If payment has not been received by Contractor per payment terms hereunder, Contractor shall be entitled to all costs of collection, including reasonable attorneys’ fees and it shall be relieved of any obligation to continue performance under this or any other Contract with Customer. Interest as a per annum rate of 1.5% per month (18% per year), or the highest rate permitted by law, may be changed on unpaid balance 15 days after billing.

NOTICE, FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS MAY RESULT IN A MECHANIC’S LIEN ON THE TITLE TO YOUR PROPERTY

Grand Total	$3,300.00

* This proposal shall be valid for ninety (90) days from date of issue.

* Alternates, if present, are to be added to the cost of proposal.

* No Material will be purchased from Tree World Wholesale Nursery.

* Please read all qualifications carefully, as there could be references to specific materials, quantities, or pricing that pertain to this particular project.

Accepted By: 	 Date: 	

01/21/2025

362 Northlake Blvd, Palm Beach Gardens Fl 33410  |  Phone: 305-246-3223  |  FAX: 786-536-7686

Submitted By: 	 Date: 	

**Acceptance shall serve as notice that proposal has been reviewed and approved and contract is forthcoming.

Page 133

CHANGE ORDER NO. 1

Date of Issuance:	January 21, 2025	Effective Date:	January 21, 2025	
Owner:	Avenir Community Development District 2501A Burns Road
Palm	Beach	Gardens,	FL 33410	Owner's Contract No.:	N/A	
Contractor:	SIGNATURE PRIVACY WALLS OF FLORIDA, INC.
1888 NW 21st Street Pompano Beach, FL 33069	Contractor’s
Project No.:		
			#061324-N6	
Engineer:	Ballbe & Associates, Inc.	Engineer's Project No.:	202033	
Project:	AVENIR POD 18	Contract Name:	Precast Concrete Retaining Wall	
The Contract is modified as follows upon execution of this Change Order:

Description:
4" Alumnium fence rail on top of retaining wall = $221,970.00
6' Concrete precast screen wall = $183,300.00
4" Alumnium fence with footer = $124,440.00
Additional permit fees for retaining wall = $9,649.56 Total change order = $539,359.56

Attachments:
Exhibit “A” – Revised full project schedule of values provided by Jackson Land Development, LLC	
CHANGE IN CONTRACT PRICE

Original Contract Price:
$717,695.00	CHANGE IN CONTRACT TIMES

Original Contract Times: Refer to contract Exhibit “B”	
[Increase] [Decrease] form previously approved Change Orders No. 0  to No. _0	:
$0.00	[Increase] [Decrease] form previously approved Change Orders No.	to No. 	:
None	
Page 1
Owner		Contractor	

Contract Price prior to this Change Order:
$717,695.00	
Contract Times prior to this Change Order:
Refer to contract Exhibit “B”	

[Increase] [Decrease] of this Change Order
$539,359.56	
[Increase] [Decrease] of this Change Order None	

Contract Price incorporating this Change Order:
$1,257,054.56	
Contract Times with all the approved Change Orders:
None	

RECOMMENDED:

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

Date: _11/20/2025	
ACCEPTED:

By: 	 Avenir Community Development District
By:		 Date: 		
ACCEPTED:

By: 	 Signature Privacy Walls of Florida, Inc.
Nick Solomon Sales Manager

Date: 		

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

Page 2

EXHIBIT “A”

Page 3
Owner		Contractor	

I◄Kenco Communities

KENCO COMMUNITIES AT AVENIR II, LLC
1555 PALM BEACH LAKES BLVD - STE 1500 WEST PALM BEACH, FL 33401
(561) 997-5760

TRANSMITTAL FORM·	
PROJECT NAME:
DATE OF ISSUE:	PODA-18
08/05/24	RE: SUBCONTRACTOR C/O's	
Attn: Carlos Ballbe
Company: Ballbe & Associates, Inc.
3564 N. Ocean Blvd
Ft. Lauderdale, FL 33308	
Comments:	Please create Change Order & return to my attention once approved by CDD for Distribution to Subcontractor	
CHANGE ORDER#	VENDOR NAME	DESCRIPTION	AMOUNT	

1	
Signature Privacy Walls of FL	
4' Aluminum Fence	
$	221,970.00	
		Rail on Top on Retainer		
		Wall		
2	Signature Privacy Walls of FL	6' Precast Concrete	$	183,300.00	
		Screen Wall		
3	Signature Privacy Walls of FL	4' Aluminum Fence	$	124,440.00	
		with Footer		
4	Signature Privacy Walls of FL	Additional Permit Fees	$	9,649.56	
		for Retainer Wall		
	TOTALS	$	539,359.56	

Prepared by: Title:

Signature:

J:noioo1tmod1'>I
	(:alt(tlle<
JAQ.

Date:		8-5•8H

Privacy Walls of Florida

Proposal For	-j Kenco Communities
,,	ll I AVE N I R

Date: 7/11/2024

Sold To: Kenco Communities at Avenir II, LLC a Florida Limited Liability Company

Proposal# 061324-N6	Expires: Change Order #1 Rev.1
Project: Avenir POD 18
4' black alumimum rail/fence

8/11/2024

By: Kenco Communities at Avenir Management II LLC	 Panther National Blvd. a Florida limited liability company, its Manager	Palm Beach Gardens, FL

Contact: Vincent Veccharella
cell: 954-410-9239
vveccharella@gQ_kenco.com

Sales/PM: Nick Solomon
cell: 727-458-0018
nick@signatureprivacywalls.com

Project Description/ Overview:

Permit, manufacture and install 7,015 LF of 4' tall black aluminum rail/ fence (layout in green & blue), 6,180 LF of which will be installed on top of the 3' retaining wall. Lots+/- 59 - 68 will only have the aluminum fence and no retaining wall. The fence on top of the retaining wall will be installed with mounting plates and, if needed, mounting hardware / fasteners that are long enough to go through the cap and into the top of the retaining wall columns and panels.

Example of proposed 4' tall black aluminum rail. Installed directly on top of retaining wall where there is wall. Installed with footers/ posts in area(s) with no retaining wall (lots 59-68)

signatureprivacywalls@gmail.com • 4653 Linnet St, New Port Richey, FL 34652 • (727) 271-4946
1

1		$1,000 I	$1,000	

1		
s1,5oo I	
$1,500	

Item  I

Description

I	LF

Quantity 'I SalesI

Rate

Total
$

4' aluminum fence I rail- on top of the retaining wall with mounting plates (green) and footer install (blue)

1

Furnish & Install 4' black powder coated alumum fence per plan. Install on top of the retaining wall with mounting plates and mounting hardware/ fasteners (green).

6,180	$32.00	$197,760

2

IInstalled with footers in the areas where there is no retaining wall I
(blued). For 6' tall, add $10 per LF.

Furnish & Install 4' black powder coated alumum fence per plan.

835

I s26.oo I

$21,710

3

1site specific, signed & sealed shop drawings for permit submittal I

(if not provided by client or project EOR).

I

4

termit processing- Only needed if we're contracted for the aluminum fence and not the retaining wall.

I

I

Grand Total

ii
rr•

I ee

C()NS£,R.V.AtlON

:=

104 siNGLE7-
jFA!l  TS! .\
L M'•!_J0:':}2 _, 

CONU.".R.V.A.TKHI

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DEVELOPMENT TEAM

P.ARCUA

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..........,.,:,,.. .

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_........ ...,_ 	.....  s:--· " ....•--· ::: 
..,,_-.,_,.,...,.,·=

= 4' black aluminum fence I rail installed on top of 3' tall retaining wall I wall cap
= 4' tall black aluminum fence I rail (no retaining wall)

N-·O-·T;E::S;;,-·	;;;_7

fJ_RJ)f1ER_TYJ)E_VELOPME_NTREG_IJL.ATIO

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:.;,:,,\;: --? .:,: -\ ::_...

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E,,": =..:·: ---·•:;.,....

The above price is based on provided layout for the 4' aluminum rail (in green) and 4' aluminum rail with no retaining wall (in blue)
Buyer revisions may result in change in quantity or sales rate

"Exhibit A- Inclusions & Extras" below shows the number of mobilizations included in base price of this proposal. If a remobilization is needed due to customer request/ requirement, then an additional remobilization fee may be required.

Items included in the base proposal	# of OccurancesI Included	Cost if additional services/ materials
needed above what's included in the base price	
Mobilization of installation crew &
equipment	1	$2,500	Per
mobilization	

Terms of payment: 30% material deposit due with contract. Balance NET 60 from the completion date of worl
Necessary land clearing and grading for crew/ equipment access is to be done by others. Note that only the areas not on top of the retaining wall will need to be cleared/ graded prior to installation.
Staking of the fence line prior to mobilization to be done by others unless specified in the "Optional Items". Note that only the staking of the areas not on top of the retaining wall will be necessary.

...f

... • '-	•------  "	··anager

'rfii'

2.,,	 2	('>	 c6: 

Buyer: Kenco Communities at Avenir 11, LLC a Florida Limited Liability Company
By: Kenco Communities at Avenir Management II LLC

ll2!_

a Florida limited liability company, its Manager

Signature	/,,r/'1r-'

Kenneth M. Endelson, Manager
Name & Title	Date

Privacy Walls of Florida

Proposal For	14 Kenc	re unities

Date: 7/11/2024

Sold To: Kenco Communities at Avenir II, LLC a Florida Limited Liability Company

Proposal# 061324-N5- REV3	Expires: CHANGE ORDER #2 Rev. 1
Project: Avenir POD 18
6' tall buffer wall

8/11/2024

By: Kenco Communities at Avenir Management II LLC	Panther National Blvd. a Florida limited liability company, its Manager	Palm Beach Gardens, FL

Contact: Vincent Veccharella
cell: 954-410-9239
yyeccharella@gokenco.com

Sales/PM: Nick Solomon
cell: 727-458-0018
nick@signatureprivacywalls.com

Project Description / Overview:

Permit, manufacture and install 2,220 LF of 6' tall precast concrete screen/ buffer wall using the 20' column spacing system per provided layout (layout in red below)
Example of proposed 6' tall precast concrete screen/ buffer wall with 20' max column spacing. 2nd picture to show bottom banding/ trim on the 6' panels.

	2,220	$10.00 I	$155,400	
	2,220	$6.50 I	$14,430	
eI	2,220	I $1.00 I	$2,220	
I	
116	I $50.00 I	
$5,800	
I	
1	I $3,soo I	
$3,800	

I	1	I	$1,000 I	$1,000	
I	1	I	$650 I	$650	

Item I

Description

I	LF

Quantity 'I SalesI

Rate

Total
$

6' tall precast concrete screen wall (20' maximum column spacing)

1
2

Furnish & Install 6'H precast concrete screen/ buffer wall. Includes all labor, materials, equipment and delivery.
Signature Specified Paint- 1 Color (color to be provided by buyer)

3

1Add 2nd color paint- Top trim & caps (other paint options availabl

upon request)

4

1column caps- style to match existing caps (for each column

5

based on provided layout).
Permit Processing + Permit Fees (can be done by others) - IIncludes up to $2,800 in permit fees. Fees over $2,800 billed to customer. This is the permitting for the 6' wall.

6

1site specific, signed & sealed engineering / shop drawings for 6'

tall screen / buffer wall.

7

1oumpsters for disposal of cut panels, columns and excess

concrete (if not provided by client/ others)

	=	
l,fGEND

.P,A_RCEi.A

trll•TT►-1
il.&Cl)Ollll!Un'

¥:

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----·· --

-	= 6' tall precast concrete screen I buffer wall

=· :::

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DE ELOPMEHT T_Q._ll
-=-.	u,,,..,.,u

-

z	...., ..........

_,_._ ---.OV.'1

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NOTES

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. -•• -$" .. -_, ·..-. ..T.-.W,-•-

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' · ....-.., I..._t-

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t\ IJt,ot"O<IU._.U..,_Ll>l ,w,.,,tnf'011'1'01l' ro,o\.('I
"'"·-·••tc,O<:......,. ..,	,,._
g,,:..'ttllt•- l'l!....-JC<f;.."-'lt;.........

r:=:=--

Buyer revisions may result in change in quantity or sales rate

signatureprivacywalls@gmail.com • 4653 Linnet St, New Port Richey, FL 34652 • {727) 271-4946

"Exhibit A- Inclusions & Extras" below shows the number of occurrences for each services that are included in base price of this proposal. If unforeseen work/services are necessary for the proper installation of the wall, or additional work/services are requested by the customer, then the price per occurrence is also listed r1d will be added as an addendum to this proposal.

Items included in the base proposal Hand digging or non standard machinery

# of Occurances Included

Cost if additional services / materials needed above what's included in the base price

needed due to utilities, cap rock, boulders, tree roots or other
Speading of spoils from foundation holes
Panel cuts for non standard length panels (to accommodate the provided layout)
Concrete pumping / bucket conveying­ priced per hour (4 hour minimum) Est. 6 hours max. (if entire project needed)
Foundation requires corrugated pipe or sonutubes due to collapsing soil conditions. 8 included in the base price as needed. If additional are needed, then customer is responsible for costs via change order.

0	$325	I Per footer

I	I

NA	NA
NA
4	I	$250	Per panel cut
-

I

0	I	$400		Per hour (3 hour min.)

8	$325	Per footer

Vaccum / Pump footers (for high water	0
table).
Mobilization of installation crew &

$325	Per footer

Per

equipment

1	$4,500

mobilization

Mobilization of paint crew & equipment	1
Dumpsters (for disposal of cut panels,	1
columns, excess concrete)

Per
-$1,500
$750	IPer Dumpster

Terms of payment: 30% material deposit due with contract. Balance NET 60 from the completion date of worl
Necessary land clearing and overhead clearing for crew/ equipment access is to be done by others.
Grading before installation/ Re-grading after installation to be done by others.
Staking of the wall line prior to mobilization to be done by others unless specified in the "Optional Items".

Buyer: Kenco Communities at Avenir II, LLC a Florida Limited Liability Company

By: Kenco Comrounities at Avenic,Management II LLC
a Flor Signature
Kenneth M. Endelson, Manager Name & Title	Date

Privacy Walls of Florida

Proposal For	-	Kenco Communities
,,	,1 t AVE N I R

Date: 7/11/2024	Proposal# 061324-N6	Expires: Change Order #3- Rev. 3

8/11/2024

Sold To: Kenco Communities at Avenir II, LLC a Florida Limited Liability Company

Project: Avenir POD 18- interior community 4' black alumimum fence

By: Kenco Communities at Avenir Management II LLC a Florida limited liability company, its Manager

Panther National Blvd. Palm Beach Gardens, FL

Contact: Vincent Veccharella
cell: 954-410-9239
vveccharella@.gokenco.com

Sales/PM: Nick Solomon
cell: 727-458-0018
nick@signatureprivacywalls.com

Project Description/ Overview:

- Permit, manufacture and install 6,140 LF of 4' tall black aluminum rail/ fence (layout blue). This is for the interior of the community. The perimeter fence and rail, including the rail on top of the retaining wall, is bid/ contracted separately.

Example of proposed 4' tall black aluminum rail. Installed with footers/ posts.

signatureprivacywalls@gmail.com • 4653 Linnet St, New Port Richey, FL 34652 • (727) 271-4946
1

,.,•. •.(/,6",t:j

  Item I	

Description

I	LF

Quantity 'I SalesI

Rate

Total
$

4' aluminum fence with footer install (blue)
Furnish & Install 4' black powder coated alumum fence per plan.

1

Ifnstalled with footers in the areas where there is no retaining wall I  4,690  I $26.00 I	$121,940
(blue).

2

{urnish & Install 4' wide x 4'tall black powder coated alumum gates per plan.

--

2

$500.00

$1,000

3

1site specific, signed & sealed shop drawings for permit submittal

1

Included in CO
#1

4

(if not provided by client or project EOR).
Permit Processing+ Permit Fees (can be done by others) - llncludes up to $1,000 in permit fees. Fees over $1,000 billed to customer.

$1,000

I

1

I s1,5oo I

$1,500

and Total	$124,440

-··--·;;--- 
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signatureprivacywalls@gmail.com • 4653 linnet St, New Port Richey, FL 34652 • {727) 271-4946
2

Page 149

"Exhibit A- Inclusions & Extras" below shows the number of mobilizations included in base price of this proposal. If a remobilization is needed due to customer request/ requirement, then an additional remobilization fee may be required.

Items included in the base proposal	# of OccurancesI Included	Cost if additional services / materials
needed above what's included in the base price	
Mobilization of installation crew &
equipment	1	$2,500	Per
mobilization	

Terms of payment: 30% material deposit due with contract. Balance NET 60 from the completion date of worl
Necessary land clearing and grading for crew/ equipment access is to be done by others. Note that only the areas not on top of the retaining wall will need to be cleared/ graded prior to installation.
Staking of the fence line prior to mobilization to be done by others unless specified in the "Optional Items". Note that only the staking of the areas not on top of the retaining wall will be necessary.

ger

Buyer: Kenco Communities at Avenir II, LLC a Florida Limited Liability Company
By: Kenco Communities at Avenir Management II LLC
a Florida limited liability company, its Manager

Signature		

Kenneth M. Endelson, Manager
Name & Title	Date

signatureprivacywalls@gmail.com • 4653 Linnet St, New Port Richey, FL 34652 • (727) 271-4946
7

Qfo.u¼, WoQI

,,	111  AVENI R

St·	Proposal For	-	Kenco Communities
Privacy Walls of Florida

Date: 7/26/2024	Proposal # 061324-N6 Change Order #4

Expires:	8/26/2024

Sold To: Kenco Communities at Avenir II, LLC a Florida Limited Liability Company

Project: Avenir POD 18- interior community Aditional permit fees for retaining wall scope

By: Kenco Communities at Avenir Management II LLC a Florida limited liability company, its Manager

Contact: Vincent Veccharella
cell: 954-410-9239
vveccharella@gokenco.com

Sales/PM: Nick Solomon
cell: 727-458-0018
nick@signatureprivacywalls.com

Project Description/ Overview: CO# 4 for additional permit fees over $3,800

- Original contract included up to $3,800 in at cost permit fees with anything over to be billed to the customer. The final permit fees ended up being $14,949.56 (see below for breakdown from the building dept.) leaving a remaining billiable balance of $11,149.56.

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signatureprivacywalls@gmail.com • 4653 Linnet St, New Port Richey, FL 34652 • (727) 271-4946
1

Item

Description

Quantit
y I LF Isales Rate

Total
$

1

Permit fees over $3,800 per original contract. See "Project Descrition I Overview" section on page 1 for additional details

1

11,149.56 I $11,149.56

2	Professional Credit- to offset some of the overall permit fees

1

-$1,soo.001	-$1,soo

Buyer: Kenco Communities at Avenir II, LLC a Florida Limited Liability Company
By: Kenco Communities at Avenir Management II LLC

u

a Florida limited liability company, its Manager

Signature

Kenneth M. Endelson, Manager Name & Title	Date

signatureprivacywalls@gmail.com • 4653 Linnet St, New Port Richey, FL 34652 • {727) 271-4946
2

CHANGE ORDER NO. 2

Date of Issuance:	January 10, 2025	Effective Date:	January 10, 2025	
Owner:	Avenir Community Development District 2501A Burns Road
Palm	Beach	Gardens,	FL 33410	Owner's Contract No.:	N/A	
Contractor:	JACKSON LAND DEVELOPMENT, LLC
1888 NW 21st Street Pompano Beach, FL 33069	Contractor’s
Project No.:		
			24-007	
Engineer:	Ballbe & Associates, Inc.	Engineer's Project No.:	202033	
Project:	AVENIR POD 18	Contract Name:	Construction Contract (Roadway Improvements)	
The Contract is modified as follows upon execution of this Change Order:

Description:
Spread fill additional cost =	$14,469.00 Attachments:
Exhibit “A” – Revised full project schedule of values provided by Jackson Land Development, LLC	
CHANGE IN CONTRACT PRICE
Original Contract Price:
$6,111,613.00	CHANGE IN CONTRACT TIMES
Original Contract Times: Refer to contract Exhibit “E”	
[Increase] [Decrease] form previously approved Change Orders No. 0  to No. _1	:
-$1,194,768.00	[Increase] [Decrease] form previously approved Change Orders No.	to No. 	:
None	

Page 1
Owner		Contractor	

Contract Price prior to this Change Order:
$4,916,845.00	
Contract Times prior to this Change Order:
Refer to contract Exhibit “E”	

[Increase] [Decrease] of this Change Order
$14,469.00	
[Increase] [Decrease] of this Change Order None	

Contract Price incorporating this Change Order:
$4,931,314.00	
Contract Times with all the approved Change Orders:
None	

RECOMMENDED:

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

Date: _1/10/2025	
ACCEPTED:

By: 	 Avenir Community Development District

By:	

Date: 		
ACCEPTED:

By: 	 Jackson Land Development, LLC Paul Possanza
Manager

Date: 		

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

Page 2

EXHIBIT “A”

Page 3
Owner		Contractor	

Jackson Land Development	
1888 NW 21st Street	
Pompano Beach, FL 33069	

Number	5	

QUOTE

TO OWNER:	Kenco Communities	PER OWNER REQUEST	PROJECT:	Avenir POD 18	
	Vincent Veccharella	PLAN CHANGES			
					
	X	OTHER			
FROM:	Paul Possanza				

Quote #	5	
Date:		
Contract Amount	
JLD Project#		
Project Name	Avenir POD 18	

										
		PERSONNEL/EQUIPMEN	QUANTITY	UNIT	RATE / PRICE	LABOR
SUBTOTAL	MATERIALS
SUBTOTAL	TOTAL	
										
	Spread & Compact Import Fill (per contract)			265	loads	$54.60			$14,469.00	

										

										

										

										

										

										
										
								Total	$14,469.00	
							Bond	0.00%	$0.00	
								Grand Total	$14,469.00	
										
TOTAL AMOUNT REQUESTED
Paul Possanza, Jackson Land Development, LLC	Acceptance

Monthly Managers Report January 23, 2025

Date of Report: 1/15/2025	Submitted by: Richard Salvatore

Completed Tasks
The Avenir drive entry feature fountains and filter pumps have been replaced. Spare pumps were ordered at the board's request at the previous meeting.
An electrical short causing the stairs and step lights to trip the breaker has been located and repaired. Most of these lights are now operating properly, with minor troubleshooting still required (See ongoing tasks)
Gym carpet-like flooring has been steam cleaned, and staining removed.
Toys / offerings in the kid's room have been expanded
Added a variety of toys and playsets for children of varying ages, including a work bench, Barbie dream home, hotwheels/matchbox cars, wooden blocks, large plastic building blocks for younger children, Barbie Dolls, miscellaneous toys and games.
Ongoing Tasks
The voltage access control expansion has been scheduled, with Automatic Access.
Due to a back order of Honeywell supplies, it will begin no later than February 8th.
Further troubleshooting is underway to identify further faulty lights, with plans to replace them once identified.
The chest press machine in the gym is out of order. The manufacturer came and inspected it, and ordered the necessary part.
We are now awaiting the return of the manufacturer for repair.
Awaiting the arrival of the previously approved storage shed, grading of landscaping, etc.
Working with Developers’ representative on this item.
The original clubhouse Interior designer has visited the clubhouse and been given direction to match and order additional tables and chairs for the club room.
Interior designer is working with custom carpenter and upholsterer to have furniture built.
Future Items / Items For Consideration
Installation of taller bushes in the plant bed adjacent to the clubhouse lake, per requests from homeowners across the lake feedback. (Awaiting Quotes from Arazoza)
Full yearly carpet cleaning of all clubhouse carpets (Awaiting quotes from Stanley Steamer and ServPro)
Gutter addition on the front of building, and to pavilions to reduce washout from heavy rains.

Page 157

Resident Requests / Recommendations
Revisit the previously approved Clubhouse Holiday Hours
Resident requested that the clubhouse not only be open for the normal operating hours (8am – 10 PM) on Holidays, but for “extended” hours.
This is a budgeted expense, a proposed increase in the “Personnel” line item can be brought forward for the ’25-’26 budget.
Extended hours for playground use
Resident requested that the unlighted playgrounds be open past Sunday, closing times are “too restrictive”
Resident offered that they should be always unlocked and a “Use at your own risk” sign be placed.
A large outdoor community tree & tree lighting ceremony for holidays
An increase in staffing on Holidays and weekends
This is a budgeted expense, a proposed increase in the “Personnel” line item can be brought forward for the ’25-’26 budget.
Extended clubhouse hours
Residents have mentioned that 10pm is too early of a closure for the clubhouse, and have requested we revisit the operating hours.
Current staffed hours are 8:00 am – 10:00 pm, 7 days per week. Gym after- hours access is 5 AM – 8 AM and 10 PM – 12 AM.
Demand for alternate / additional vendors for recreational services.
Currently there is 1 approved fitness vendor, 1 approved aquatics vendor, and 2 approved tennis / pickleball vendors.
Resident has requested the district allow additional options, specifically for tennis/pickleball.

Page 158

Lifestyle Directors Report

Date of Report: 1/15/2025	Submitted by: Patrice Chiaramonte

Live Music Cash Bar, & Lite Bites: November 16th 2024
Patrons enjoyed a live performance by The Jon River Band at the Avenir Clubhouse. The event also featured complimentary face painting and glitter tattoos for children, a cash bar, and a selection of complimentary lite bites from The Dancing Crane.

Frozen Forest: December 7th 2024

Patrons had a wonderful time at "Frozen Forest," which featured an exciting obstacle course, delicious ice cream, fairy hair styling, a catered brunch from The Dancing Crane, live music, a kids' craft station, goodie bags, and face painting. Additionally, guests enjoyed a special meet- and-greet with Santa, Mickey, Elsa, and Olaf.

Page 159

New Year’s Caribbean Casino: December 28th 2024:
Patrons had a fantastic time at the event, enjoying the lively performance by The Reel Ting Band, delicious appetizers and desserts provided by The Dancing Crane, and the excitement of ten casino tables staffed by professional dealers from Casino Fun to Go. Guests were also thrilled with the array of prizes available. This event proved to be one of the most successful and well-received adult gatherings. Casino Nights continue to be an excellent choice for creating an engaging and memorable experience.

Page 160

Singles Game Night: January 8th, 2025
Residents of Avenir were invited to participate in an adults-only version of Cards Against Humanity. Attendees received complimentary drink tickets and had the opportunity to mingle and socialize. This event was hosted at The Dancing Crane so patrons could enjoy access to the Food & Beverage menu.

Food Truck Friday: January 10th 2025
Patrons had the opportunity to enjoy G’s Hibachi, where they were able to conveniently pre-order their meals via a provided link and promptly pick up their orders at the clubhouse.

2nd Annual Vision Board Workshop: January 11th, 2025
Patrons participated in creating vision boards to set their goals and aspirations for the year. This event successfully attracted a diverse group of attendees, including families and friends!

Page 161

Field Operations Manager Report
Date Submitted: 1/15/25	Submitted by: Jorge Rodriguez

Completed Tasks
Interior touchup paint of all touchpoints, baseboards, and walls has been completed the week of 1/13 – 1/17
All carpets have been shampooed and steam vacuumed the week of 1/6 – 1/10.
Exterior pressure washing of both playgrounds, pool deck, and all sidewalks/walkways will be completed the week of 1/20 – 1/24
Avenir drive entry fountains have been vacuumed, and cleaned, and all previous mechanical issues have been corrected.
Damaged / unsightly Signage around lakes has been replaced.
All sun-damaged / unsightly trashcans on the pool deck and courts have been replaced.
Additional trashcans were added to the pool deck per the resident's recommendations.
Chandelier lights in the high-ceiling event hall have been replaced.

Weekly Projects
All garbage cans outside the clubhouse, within tennis and pickleball courts, and down Avenir Drive and Northlake Blvd are emptied and cleaned as needed.
All exterior light fixtures are inspected nightly, and Interior lights are inspected daily.
The 6 Clay Tennis Courts are raked and rolled thrice weekly. (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.

Page 162