babcock ranch community independent special district

BABCOCK RANCH COMMUNITY INDEPENDENT

SPECIAL DISTRICT

October 24 2019 BOARD OF SUPERVISORS

REGULAR MEETING AGENDA

Babcock Ranch Community Independent Special District OFFICE OF THE DISTRICT MANAGER

2300 Glades Road Suite 410WBoca Raton Florida 33431 Phone (561) 571-0010Toll-free (877) 276-0889Fax (561) 571-0013

October 17 2019

Board of Supervisors Babcock Ranch Community Independent Special District

Dear Board Members

The Board of Supervisors of the Babcock Ranch Community Independent Special District will hold a Regular Meeting on Thursday October 24 2019 at 100 pm at 14750 SR 31 Punta Gorda Florida 33982 The agenda is as follows

1 Call to Order

2 Roll Call

3 Public Comments [any members of the public desiring to speak on a specific agenda item may address the Board]

4 Approval of Utility Acceptance Package

5 Consideration of Joinder to FPL Underground Power Line Easement

6 Discussion Charlotte County Sheriff Extension Off Duty Detail Vendor Contract

7 Consideration of Second Amendment to the Agreement for the Delivery and Use of Reclaimed Effluent Water

8 Update SIB Loan Application

9 Consideration of Sunstate Meter and Supply Inc Monthly Lease Rent and OampM Increase

10 Acceptance of Unaudited Financial Statements as of September 30 2019

11 Consideration of September 26 2019 Regular Meeting Minutes

12 Staff Reports

A District Counsel Hopping Green amp Sams PA

B District Engineer Kimley-Horn amp Associates

ATTENDEES Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes

Board of Supervisors Babcock Ranch Community Independent Special District October 24 2019 Regular Meeting Agenda Page 2

C Field Operations Manager Allen Baum

D Construction Manager John Broderick

bull Update TCU Expansion

E District Manager Wrathell Hunt and Associates LLC

bull NEXT MEETING DATE November 21 2019 at 100 PM

o QUORUM CHECK

GARY NELSON YES NO PHONE BILL VANDER MAY YES NO PHONE KATHY VALENTINE YES NO PHONE ELIZABETH ANDRES YES NO PHONE BILL MOORE YES NO PHONE

13 Board Membersrsquo CommentsRequests

14 Public Comments

15 Adjournment

Should you have any questions please do not hesitate to contact me directly at (561) 719-8675

Sincerely

Craig Wrathell District Manager

FOR BOARD AND STAFF TO ATTEND BY TELEPHONE CALL-IN NUMBER 1-888-354-0094

CONFERENCE ID 2144145

BABCOCK RANCH

COMMUNITY INDEPENDENT SPECIAL DISTRICT

4

E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17 ndash Rev 102419

Babcock Ranch Water Utilities

as operated by Town amp Country Utilities and Babcock Ranch Irrigation

Turnover and Approval for Service of Water Wastewater and Irrigation Infrastructure Requirements Checklist

Utility Acceptance Package

Please note that all documents are required prior to utility turnover and acceptance by the Babcock Ranch Community Independent Special District (ldquoDistrictrdquo) All documents shall conform to this list as well as the Districtrsquos Water Utilities Policies Manual (ldquoPoliciesrdquo) and the Districtrsquos Design and Specifications Manuals (ldquoDSMrdquo) Revisions to the required documents will not be allowed without prior approval of the District THE FOLLOWING ITEMS MUST BE ON FILE WITH AND ACCEPTED BY THE DISTRICT PRIOR TO INSTALLATION OF THE REMAINING METERS OR WASTEWATER LATERAL TIE-INS 1 Cover Letter The cover letter shall request acceptance and approval for service including a list of all

items submitted The initial submittal must be dated within two (2) weeks of the project completion The submittal shall include one (1) set of original documents The cover letter shall list any required items that are not included and explain why those items are not included All outstanding District fees and charges must be paid to date

2 Utility Facilities Bill of Sales and Warranty Properly executed with all exhibits attached and properly labelled Note there is a separate Water Facility Utilities Bill of Sale and Warranty and a separate Irrigation Facilities Bill of Sale and Warranty NOTE The District is a party to a Lease Agreement with MSKP Town amp Country Utility LLC (ldquoTCUrdquo) and Babcock Ranch Irrigation LLC (ldquoBRIrdquo) (ldquoLeaserdquo) Pursuant to the terms of the Lease the District will require developer to execute a Bill of Sale and Warranty in favor of TCU andor BRI as applicable instead of the District

3 Grant of Utility Easement and Copy of Recorded Plat

a The Utility Easement shall include a sketch and legal description clearly defining the location of the easement being granted to TCU andor BRI and shall be in accordance with District Policies and the DSM

b Plats shall depict easement locations properly labelled and include the following District required dedication language

bull Dedicate to Babcock Ranch Community Independent Special District (ISD) its successors and assigns MSKP Town and Country Utility LLC dba Town and Country


Utility (TCU) Babcock Ranch Irrigations LLC (BRI) all non-exclusive public utility easement (PUE) as shown on this plat for public utility purposes including construction installation maintenance and operation of their respective facilities

bull Dedicate to TCU (1) all TCU Easements as shown on this plat for the construction installation maintenance and operation of their facilities and (2) the perpetual use and right of ingress and egress over all roadways (insert tract s) for the purpose of utilities

bull Dedicate to BRI (1) all irrigation easements as shown on this plat for the construction installation maintenance and operation of their facilities and (2) the perpetual use and right of ingress and egress over all roadways (insert tract s) for the purpose of utilities

NOTE Note there is to be a Utility Easement to TCU and a separate Utility Easement to BRI Pursuant to the terms of the Lease the District will require developer to execute the Utility Easement in favor of TCU andor BRI as applicable instead of the District

4 Ownerrsquos Affidavit Properly executed with all exhibits attached and properly labelled

5 Attorneyrsquos Affidavit Properly executed with all exhibits attached and properly labelled The Attorneyrsquos

Affidavit shall include subordination or certify non-interference of all encumbrances The effective date of the Attorneyrsquos Affidavit may not precede dates of any other turnover documents The Affidavit must also be dated within two (2) weeks of the submittal date

6 Utility Facilities Subordination Consent and Joinder Properly executed with all exhibits attached and

properly labelled 7 Engineerrsquos Certification Properly executed with all exhibits attached and properly labelled 8 Pressure (Potable and Reuse Water amp Reuse) Main Requirements

a Copies of Bacteriological Testing (Water) b Hydrostatic Testing Certification by the Engineer of Record utilizing the Districtrsquos Hydrostatic

Test Results form

9 Gravity Sewer Requirements a Video of gravity system as defined in the DSM delivered on DVD or USB flash drive b Low-Pressure Air Testing Certification by the Engineer of Record utilizing the Districtrsquos Sewer

Pressure Test Form

10 Pump Station Requirements a Pump Station startup report b Spare parts as listed in the BRWU Specifications c Wrenches for the Hatch Cover and Plug Valves

11 FDEP Requests for ApprovalClearance to Place into Operation (water and wastewater)


12 As-Built Record Drawings (See Attachment A)

a One (1) set of drawings signed and sealed by an Engineer and a PDF copy of the same b GIS as defined in the DSMrsquos AutoCAD Standards

13 Final inspection and approval of the water wastewater and irrigation quality water system by the District

inspector

14 Punch List A copy of the punch list generated from the Preliminary Walkthrough Inspection All punch list items must be completed and approved prior to District acceptance

15 For residential projects one hard amp one electronic copy of a listing of lots and addresses of the project

16 For commercial projects a listing of all bayssuites and addresses for the purpose of setting meters

NOTES 1 The project will not be released for service until all turnover documents are approved by the District

In general this process can be completed within two (2) to four (4) weeks of submittal of the turnover documents if the turnover documents are complete and correct with initial submittal

2 If the project is to be phased the phases must be clearly delineated on the plans

E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17 Rev ndash 102419

Attachment A Record Drawings

At the completion of the construction of potable water wastewater and irrigation quality water systems record drawings consistent with the Districtrsquos current DSM are to be prepared and submitted by the Engineer of Record to the District for review These drawings are to include all of the following information and are to represent actual field construction of the utilities These drawings are to be signed and sealed along with the certification language by a professional land surveyor

Provide one (1) set of signed and sealed 24rdquo x 36rdquo drawings consisting of one (1) hard copy and one (1) copy in electronic media in CADD format on thumb drive or other electronic media acceptable to the District with the following minimum requirements

1 Address of building amp lotblock of each unit

2 Location sketch and north arrow Specify section township and range

3 Applicable scales plans profiles details 4 Record drawings in large bold letters 5 Provide accompanying surveyor sketch and legal description to verify easement locations

on record drawings Ensure utilities are covered by easements and include all fire hydrants backflow preventers water meters and services to water meters Easement dimensions must be clearly shown and labeled on the record drawings

6 Identify right-of-way lines Clearly show property boundary lines

7 Location of vertical and horizontal potable water wastewater and irrigation quality water

installations within dedicated right-of-way or within the easements to be dedicated 8 Location of easements and the location of the installations within the easements 9 Distances from ROW lines to utilities 10 Vertical locations

Sanitary Services Top of pipe elevation at end of lateral Sanitary manholes Final rim and invert elevations of all pipes entering manhole Potable Water Wastewater and Irrigation Quality Water Mains Top of pipe elevations at approximately one hundred-foot (100rsquo) intervals Potable Water Wastewater and Irrigation Quality Water Fittings Top of pipe elevations on all fittings and at all values


11 Horizontal Locations

Sanitary Services Stations along the wastewater main using the downstream manhole on each run as 0700 for each W9E and a separate station for the end of the lateral including an off-set distance from the main measured at ninety degrees (90deg) to the main Sanitary Manholes Distance between each manhole measured along connecting wastewater main Potable Water Wastewater and Irrigation Quality Water Mains Location relative to a permanent surface feature at approximately two hundred-foot (200rsquo) intervals Potable Water Wastewater and Irrigation Quality Water Fittings Location of each buried fitting or value referenced to one (1) permanent surface features no more than one hundred feet (100rsquo) from the value or fitting

12 Type of Pipe size and material

13 Identify private systems not maintained by the District (lift stations gravity lines force

mains andor water lines and irrigation quality water lines) if applicable 14 Identify abandoned sections and lines that have been removed if applicable

15 All final planned installations shall be shown on the drawings including the buildings

storm drainage other utilities and if known landscaping trees asphalt roadways tile pavers etc

16 Names of streets and public rights-of-way widths of streets and public rights-of-way

width of easements limit lines for all easements 17 Location and elevation of bench marks and source

18 Meter size and location 19 Name address and telephone number of engineer 20 Name address and telephone number of certifying professional land surveyor 21 Signed sealed and dated by a professional engineer 22 Ownerdeveloperrsquos name address and phone number 23 Verify that installations are consistent with approved design drawings Any changes made

during construction must be called out on the record drawings 24 Location of building lines


25 Section linesreference points 26 Pumplift station record drawings including profile details electrical schematics pump

details emergency generator details and OampM manuals 27 Both of the following statements shall appear on all record drawings submittals

Surveyorrsquos Certification I HEREBY CERTIFY THAT THE RECORD DRAWINGS MEASUREMENTS SHOWN HEREON ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD UNDER MY DIRECTION ON 20_____

PLS Record Drawings THE INFORMATION SHOWN ON THIS RECORD DRAWING WAS SUPPLIED BY _____________ REGISTERED LAND SURVEYOR THE STATE OF FLORIDA

of 5 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17a Rev 102419



WATER UTILITY FACILITIES BILL OF SALE AND WARRANTY Utility Acceptance Package Phase _________________

THIS BILL OF SALE made this _____ day of _____________ 20___ between ____________________________________________________________________ a _____________________________________ whose mailing address is ____________________________________________________________________ (ldquoGrantorrdquo) and MSKP Town amp Country Utility LLC a Delaware limited liability company whose mailing address is co Kitson amp Partners 42850 Crescent Loop ndash Ste 200 Babcock Ranch FL 33982 (ldquoTCUrdquo)

(Whenever used herein the terms Grantorrdquo and TCU include all the parties to this instrument and their heirs legal representatives and assigns of individuals and the successors and assigns of corporations trusts and trustees)

WITNESSETH that Grantor for and in consideration of the sum of Ten and 00100 Dollars ($1000) and other good and valuable consideration to Grantor in hand paid by TCU the receipt whereof is hereby acknowledged hereby delivers grants bargains sells and transfers to TCU and TCUrsquos heirs and assigns forever all water and sewer utility facilities including all water and sewer lines mains meters valves manholes and appurtenances (Water Utility Facilities) for the operation installation and maintenance of said Water Utility Facilities situate lying and being within the following described land

See Exhibit A attached hereto and made a part hereof

The Grantor does hereby covenant to TCU that Grantor is the lawful owner of the Water Utility Facilities that they are free from all encumbrances that Grantor has lawful authority to sell such Water Utility Facilities and that Grantor does fully warrant the title to said Water Utility Facilities and will defend the same against lawful claims of all persons whomsoever For the purposes of this conveyance the Water Utility Facilities conveyed herein shall not be deemed to convey any of the lands described herein

Grantor does hereby warrant andor guarantee to TCU that the Water Utility Facilities are comprised of the components as listed on attached Exhibits B-1 and ldquoB-2rdquo (Cost-Material Breakdown) that the Water Utility Facilities are free from defects of materials and workmanship for a period of one (1) year from the date of final acceptance by TCU and that Grantor agrees that it will at its own expense

Page 2 of 5 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17a Rev 102419

repair and replace all materials or installations which violate the covenants herein contained Grantor hereby conveys to TCU all contractual guarantees and warranties relating to said Water Utility Facilities Nothing herein shall be construed as a waiver of the Babcock Ranch Community Independent Special Districtrsquos limitations on liability provided in Section 76828 Florida Statutes

IN WITNESS WHEREOF Grantor has caused this Bill of Sale and Warranty to be executed as of the day and year first above written

GRANTOR Signed sealed and delivered in the presence of ____________________________ Print Name __________________ ____________________________ Print Name __________________

__________________________________ a _________________________________ By________________________________ Printed Name _______________________ Its ________________________________

STATE OF __________________ COUNTY OF ________________ The foregoing instrument was sworn to and subscribed before me this _____ day of _________________________ 20_______ by _____________________ as _________________________ of __________________________________ on behalf of said Company HeShe is ______ personally known or ______ has produced a driverrsquos license as identification ___________________________________ Notary Public Printed Name ______________________


Exhibit ldquoArdquo

Water and sewer utilities located within the following described property


Exhibit ldquoB-1rdquo

Water Utility Cost-Material Breakdown



Sanitary Sewer Cost-Material Breakdown

Page 1 of 4 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17b Rev 102419



IRRIGATION FACILITIES BILL OF SALE AND WARRANTY Utility Acceptance Package Phase _________________

THIS BILL OF SALE made this _____ day of _____________ 20____ between _____________________________________________________________________ a ______________________________________ whose mailing address is _____________________________________________________________________ (ldquoGrantorrdquo) and Babcock Ranch Irrigation LLC a Delaware limited liability company whose mailing address is co Kitson amp Partners 42850 Crescent Loop ndash Suite 200 Babcock Ranch FL 33982 (ldquoBRIrdquo)

(Whenever used herein the terms Grantorrdquo and ldquoBRIrdquo include all the parties to this instrument and their heirs legal representatives and assigns of individuals and the successors and assigns of corporations trusts and trustees)

WITNESSETH that Grantor for and in consideration of the sum of Ten and 00100 Dollars ($1000) and other good and valuable consideration to Grantor in hand paid by BRI the receipt whereof is hereby acknowledged hereby delivers grants bargains sells and transfers to BRI and to BRIrsquos heirs and assigns forever all irrigation utility facilities including all irrigation lines mains meters valves manholes and appurtenances (Irrigation Utility Facilities) for the operation installation and maintenance of said Irrigation Utility Facilities said Irrigation Utility Facilities and situate lying and being within the following described land

See Exhibit A attached hereto and made a part hereof The Grantor does hereby covenant to BRI that Grantor is the lawful owner of the Irrigation Utility Facilities that they are free from all encumbrances that Grantor has lawful authority to sell such Irrigation Utility Facilities and that Grantor does fully warrant the title to said Irrigation Utility Facilities and will defend the same against lawful claims of all persons whomsoever For the purposes of this conveyance the Irrigation Utility Facilities conveyed herein shall not be deemed to convey any of the lands described herein Grantor does hereby warrant andor guarantee to BRI that the Irrigation Utility Facilities are comprised of the components as listed on attached Exhibit B (Cost-Material Breakdown) that the Irrigation Utility Facilities are free from defects of materials and


workmanship for a period of one (1) year from the date of final acceptance by BRI and that Grantor agrees that it will at its own expense repair and replace all materials or installations which violate the covenants herein contained Grantor hereby conveys to BRI all contractual guarantees and warranties relating to said Irrigation Utility Facilities Nothing herein shall be construed as a waiver of the Babcock Ranch Community Independent Special Districtrsquos limitations on liability provided in Section 76828 Florida Statutes IN WITNESS WHEREOF Grantor has caused this Bill of Sale and Warranty to be executed as of the day and year first above written GRANTOR Signed sealed and delivered in the presence of ____________________________ Print Name __________________ ____________________________ Print Name __________________

__________________________________ a ______________ limited liability company By_____________________________ Printed Name ____________________ Its _____________________________

STATE OF _____________ COUNTY OF ___________ The foregoing instrument was sworn to and subscribed before me this _____ day of ___________ 2019 by _____________________ as _________________________ of ____________________________________ on behalf of said Company HeShe is ______ personally known or ______ has produced a driverrsquos license as identification ___________________________________ Notary Public Printed Name ______________________


Exhibit ldquoArdquo

Irrigation utilities located within the following described property


Exhibit ldquoBrdquo

Cost-Material Breakdown

Page 1 of 7 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17c Rev 102419

Prepared by and Return to



UTILITY EASEMENT (WATER AND SEWER) Utility Acceptance Package

Phase ____________________________________ Property Appraisers Strap No ______________________________________

THIS UTILITY EASEMENT is made and executed this _____ day of

_______________ 20____ by ____________________________________________ a______________________________________ whose mailing address is ______________________________________________________________________ (hereinafter referred to as the ldquoGrantorrdquo) to MSKP TOWN amp COUNTRY UTILITY LLC a Delaware limited liability company whose mailing address is 42850 Crescent Loop ndash Ste 200 Babcock Ranch FL 33982 (hereinafter referred to as the ldquoGranteerdquo)

(Wherever used herein the terms ldquoGrantorrdquo and ldquoGranteerdquo include all the parties to this instrument and the heirs legal representatives and assigns of individuals and the successors and assigns of corporations partnerships (including joint ventures) public bodies and quasi-public bodies)

W I T N E S S E T H

WHEREAS Grantor is lawfully seized in fee simple and is in possession of that

certain property situated in Charlotte County Florida as more particularly described on Exhibit ldquoArdquo by metes and bounds and by sketch of the easement which is attached to and by this reference made a part of this Utility Easement (hereinafter referred to as the ldquoEasement Landrdquo)

NOW THEREFORE in consideration of the sum of Ten and no100 Dollars ($1000) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged Grantor hereby states as follows

1 Grantor does hereby grant unto the Grantee a non-exclusive perpetual utility easement in on over under through and across the Easement Land with the full and free right of ingress and egress for the purposes of the construction installation reconstruction rebuilding replacement repairing operation distribution and maintenance of lift stations force mains water lines gravity wastewater mains well production facilities Irrigation Quality Water lines telecommunications systems data information and telephone systems hybrid


fiber and coaxial cable systems and all appurtenances relative to these facilities or systems serving the development area

2 Grantee shall have the right and privilege from time to time to alter improve enlarge add to change the nature or physical characteristics or replace remove or relocate such facilities or systems in upon over under through and across the Easement Land along with all rights and privileges necessary or convenient for the full benefit and the use thereof for purposes described in this instrument including but not limited to the right to clear obstructions within the Easement area that might interfere with the purposes for which such facilities or systems which is or might be constructed along with the right of ingress and egress for personnel and equipment of Grantee its contractors agents successors or assigns over the adjoining lands of the Grantor its successors and assigns including successors in title for the purpose of maintaining the above facilities and systems which are located in the Easement Land

3 The Easement granted shall be binding upon the Grantor and its successors and assigns This Utility Easement shall not be released or amended in any manner without the written consent of all entities having facilities or systems located within the Easement Land and which consent must be evidenced by an instrument executed with the same formalities as this Utility Easement

4 Grantor warrants that Grantor has good and indefeasible fee simple title to and possession of the Easement Land and that it has good and lawful right to grant this Easement and that the Grantee its successors and assigns shall have all of the rights to the Easement Land as stated herein

5 All provisions of this Easement including the benefits and burdens run with the land and are binding upon and inure to the heirs assigns successors tenants and personal representatives of the parties hereto

6 Grantor warrants that to the best of Grantorrsquos knowledge and belief the Easement Land is free and clear of soil and ground water contamination For and in consideration of Ten and NoDollars ($1000) receipt of which is acknowledged Grantor shall indemnify and hold Grantee harmless for all claims and damages resulting from any such contamination

7 INDEMNIFICATION Grantor agrees to indemnify defend and hold Grantee harmless from and against any and all damages losses or claims including but not limited to legal fees and expenses to the extent that such damages losses or claims are attributable to actions omissions or negligence in the use of the Easement Land by Grantor its agents employees invitees or independent contractors

8 INCONSISTENT USE Grantor agrees and covenants that it shall not grant or exercise any rights in the Easement Land inconsistent with or which interfere with the rights herein accorded to Grantee Grantor shall be free to make any use of the Easement Land which is consistent with Granteersquos intended use and the requirements of the Babcock Ranch Community Independent Special District


(ldquoDistrictrdquo) Design and Specifications Manuals as may be amended and the District Water Utilities Policies Manual as may be amended

9 DEFAULT A default by any party under this Utility Easement shall entitle the other party to all remedies available at law or in equity which may include but not be limited to the right of actual damages injunctive relief andor specific performance

10 MODIFICATION WAIVER No modification termination or amendment of this Utility Easement Agreement may be made except by written agreement between the parties No failure by any person or entity now or hereafter bound by this Utility Easement to insist upon the strict performance of any covenant duty agreement or condition of this Utility Easement or to exercise any right or remedy upon a breach of this Utility Easement shall constitute a waiver of any such breach or of such covenant agreement term or condition Any person or entity now or hereafter bound by any provision of this Utility Easement may but shall be under no obligation to waive any of its rights or any conditions to its obligations hereunder or any duty obligation or covenant of any other party hereto provided however that such waiver must be affected by a written instrument signed by the waiving party

11 ATTORNEYSrsquo FEES In the event that either Grantor or Grantee seeks to enforce this Utility Easement by court proceedings or otherwise then the prevailing party shall be entitled to recover all fees and costs incurred including reasonable attorneysrsquo fees and costs for trial alternative dispute resolution or appellate proceedings

12 NOTICES Any notice demand consent authorization request approval or other communication that any party is required or may desire to give to or make upon the other party pursuant to this Utility Easement shall be effective and valid only if in writing signed by the party giving notice and delivered personally to the other parties or sent by express 24-hour guaranteed courier or delivery service or by certified mail of the United States Postal Service postage prepaid and return receipt requested addressed to the other party as follows (or to such other place as any party may by notice to the others specify)

To Grantor

With a copy to


To Grantee MSKP Town amp Country Utility LLC 42850 Crescent Loop ndash Ste 200

Babcock Ranch FL 33982 Attn Alfred Dougherty COO

With a copy to Kitson amp Partners 4500 PGA Blvd ndash Suite 400 Palm Beach Gardens FL 33418

Attn General Counsel

Notice shall be deemed given when received except that if delivery is not accepted notice shall be deemed given on the date of such non-acceptance Notices delivered after 500 pm (at the place of delivery) or on a non-business day shall be deemed received on the next business day If any time for giving notice would otherwise expire on a non-business day the notice period shall be extended to the next succeeding business day Saturdays Sundays and legal holidays recognized by the United States government shall not be regarded as business days Counsel for Grantee and counsel for Grantor may deliver Notice on behalf of Grantee and Grantor

13 THIRD PARTIES This Utility Easement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason to or for the benefit of any third party not a formal party to this Utility Easement Nothing in this Utility Easement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right remedy or claim under or by reason of this Utility Easement or any of the provisions or conditions hereof Grantee shall be solely responsible for enforcing its rights under this Utility Easement against any interfering third party Nothing contained in this Utility Easement shall limit or impair the Granteersquos right to protect its rights from interference by a third party

14 ASSIGNMENT Neither party may assign transfer or license all or any portion of its rights under this Utility Easement without the prior written consent of the other party Any assignments attempted to be made by any party without the prior written approval of the other party are void Notwithstanding the foregoing any sale or transfer of any portion of the Property by Grantor which sale or transfer is made subject to this Utility Easement shall not require the approval or consent of any party Further the parties agree that Grantee may assign its rights hereunder to the District if done so in connection with that certain Water and Sewer System and Irrigation Quality Water System LeaseOption to Purchase Agreement with MSKP and Babcock Ranch Irrigation LLC dated December 15 2016 as amended and such assignment shall not require consent or approval of any party This Utility Easement shall constitute a covenant running with title to Easement Land binding upon the Grantor and its successors and assigns as to the Easement Lands or portions thereof and any transferee of any portion of the Easement Lands as set forth in this Section Any such successor assign or transferee shall take title


subject to the terms of this Utility Easement be deemed the ldquoGrantorrdquo hereunder and shall assume the Grantorrsquos obligations herewith

15 CONTROLLING LAW This Utility Easement shall be construed interpreted and controlled according to the laws of the County of Charlotte State of Florida without reference to any provision of Florida law which would select the laws of another jurisdiction Venue of any proceeding related to this Utility Easement shall be exclusively in the appropriate Florida court of the Twentieth Judicial Circuit located in Charlotte County Florida

16 SEVERABILITY If any term covenant condition or provision of this Utility Easement or the application thereof to any person entity or circumstance shall at any time or to any extent be held to be invalid or unenforceable the remainder of this Utility Easement or the application of such term or provision to persons entities or circumstances other than those in which it is held invalid or unenforceable shall not be affected thereby and each remaining provision of this Utility Easement shall be valid andor enforceable to the fullest extent permitted by law

17 BINDING EFFECT This Utility Easement and all of the provisions of this Utility Easement shall inure to the benefit of and be binding upon the parties set forth herein and their respective successors and permitted assigns and the agents employees invitees tenants subtenants licensees lessees mortgagees in possession and independent contractors thereof as a covenant running with and binding upon the Easement Area

18 AUTHORIZATION By execution below the undersigned represent that they have been duly authorized by the appropriate body or official of their respective entity to execute this Utility Easement and that each party has complied with all the requirements of law and has full power and authority to comply with the terms and provisions of this instrument

19 ENTIRE AGREEMENT This Utility Easement contains the entire understanding and agreement between the parties relating to the subject matter hereof and all prior or extrinsic agreements understandings representations and statements oral or written are merged herein andor superseded hereby There are no other agreements oral or written between the parties with respect to the subject matter hereof except as contained in this Utility Easement

20 COUNTERPARTS This instrument may be executed in any number of counterparts each of which when executed and delivered shall constitute an original and such counterparts together shall constitute one and the same instrument Signature and acknowledgment pages if any may be detached from the counterparts and attached to a single copy of this document to physically form one document

21 SINGULAR AND PLURAL USES Wherever in this Utility Easement the singular is used the same shall include the plural and vice-versa and wherever in this


Utility Easement the masculine gender is used the same shall include the feminine and neuter genders and vice versa

22 PARAGRAPH HEADINGS The captions headings and paragraph numbers appearing in this Utility Easement are inserted as a convenience only and in no way define limit construe or describe the scope or intent of such sections nor in any way affect the interpretation hereof

IN WITNESS WHEREOF the Grantor has caused this Utility Easement to be executed in Grantorrsquos name and official seal by the proper officer(s) or representative(s) duly authorized as of the day and year first above written

WITNESSES Grantor

By _____________________________ ___________________________ Name __________________________ Print Name _________________ Its _____________________________

__________________________ Print Name ________________ STATE OF ________________ COUNTY OF ______________

On __________________ 20___ ____________________________ as

_____________________ of ______________________________________________ (Grantor) who is authorized to execute the foregoing on behalf of the Grantor personally appeared before me and executed this instrument and is ________ is personally known to me or _____ produced ________________ as identification and who _____ did take an oath or _____ did not take an oath

________________________________ Notary Public Print Name ______________________ My Commission Expires


EXHIBIT ldquoArdquo

EASEMENT LAND

Page 1 of 7 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17d Rev 102419




UTILITY EASEMENT (IRRIGATION) Utility Acceptance Package

Phase ____________________________________ Property Appraisers Strap No ________________________________________


_______________ 20____ by____________________________________________ a ____________________________________ whose mailing address is __________________ ___________________________________________________ (hereinafter referred to as the ldquoGrantorrdquo) to BABCOCK RANCH IRRIGATION LLC a Delaware limited liability company whose mailing address is 42850 Crescent Loop ndash Ste 200 Babcock Ranch FL 33982 (hereinafter referred to as the ldquoGranteerdquo)


W I T N E S S E T H




1 Grantor does hereby grant unto the Grantee a non-exclusive perpetual utility easement in on over under through and across the Easement Land with the full and free right of ingress and egress for the purposes of the construction installation reconstruction rebuilding replacement repairing operation distribution and maintenance of lift stations force mains water lines gravity wastewater mains well production facilities Irrigation Quality Water lines


telecommunications systems data information and telephone systems hybrid fiber and coaxial cable systems and all appurtenances relative to these facilities or systems serving the development area







8 INCONSISTENT USE Grantor agrees and covenants that it shall not grant or exercise any rights in the Easement Land inconsistent with or which interfere with


the rights herein accorded to Grantee Grantor shall be free to make any use of the Easement Land which is consistent with Granteersquos intended use and the requirements of the Babcock Ranch Community Independent Special District (the ldquoDistrictrdquo) Design and Specifications Manuals as may be amended and the District Water Utilities Policies Manual as may be amended





To Grantor


With a copy to

To Grantee Babcock Ranch Irrigation LLC 42850 Crescent Loop ndash Ste 200






14 ASSIGNMENT Neither party may assign transfer or license all or any portion of its rights under this Utility Easement without the prior written consent of the other party Any assignments attempted to be made by any party without the prior written approval of the other party are void Notwithstanding the foregoing any sale or transfer of any portion of the Property by Grantor which sale or transfer is made subject to this Utility Easement shall not require the approval or consent of any


party Further the parties agree that Grantee may assign its rights hereunder to the District if done so in connection with that certain Water and Sewer System and Irrigation Quality Water System LeaseOption to Purchase Agreement with MSKP and Babcock Ranch Irrigation LLC dated December 15 2016 as amended and such assignment shall not require consent or approval of any party This Utility Easement shall constitute a covenant running with title to Easement Land binding upon the Grantor and its successors and assigns as to the Easement Lands or portions thereof and any transferee of any portion of the Easement Lands as set forth in this Section Any such successor assign or transferee shall take title subject to the terms of this Utility Easement be deemed the ldquoGrantorrdquo hereunder and shall assume the Grantorrsquos obligations herewith





19 ENTIRE AGREEMENT This Utility Easement contains the entire understanding and agreement between the parties relating to the subject matter hereof and all prior or extrinsic agreements understandings representations and statements oral or written are merged herein andor superseded hereby There are no other


agreements oral or written between the parties with respect to the subject matter hereof except as contained in this Utility Easement


21 SINGULAR AND PLURAL USES Wherever in this Utility Easement the singular is used the same shall include the plural and vice-versa and wherever in this Utility Easement the masculine gender is used the same shall include the feminine and neuter genders and vice versa



WITNESSES Grantor

__________________________ By _____________________________ Printed Name ______________ Printed Name ____________________ Its _____________________________ Print Name ________________ __________________________ STATE OF ________________ COUNTY OF ______________ On __________________ 20___ ____________________________ as _______________________________of _____________________________________ (Grantor) who is authorized to execute the foregoing on behalf of the Grantor personally appeared before me and executed this instrument and is ________ is personally known to me or _____ produced ________________ as identification and who _____ did take an oath or _____ did not take an oath



EXHIBIT ldquoArdquo

EASEMENT LAND

Page 1 of 5 E-mail UtilitiesInspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17e Rev 102419



OWNERS AFFIDAVIT Utility Acceptance Package

Phase ______________________________ STATE OF______________________ COUNTY OF___________________

BEFORE ME the undersigned authority personally appeared (ldquoAffiantrdquo) on behalf of _____________________________________________________ (the ldquoOwnerrdquo) (ldquoOwnerrdquo refers to singular or plural as context requires) who first being duly sworn deposes and says

1 Owner holds title to the water sewer andor irrigation utility facilities

(ldquoUtilitiesrdquo) located within or upon the real property (ldquoPropertyrdquo) as set forth on Exhibit ldquoArdquo attached hereto and made a part hereof

2 This Affidavit is given as an inducement to the Babcock Ranch

Community Independent Special District (ldquoDistrictrdquo) MSKP Town amp Country Utility LLC a Delaware limited liability company dba Town amp Country Utilities (ldquoTCUrdquo) and Babcock Ranch Irrigation LLC a Delaware limited liability company (ldquoBRIrdquo) to accept the dedication or conveyance of the Utilities

3 Owner holds title to the Utilities being conveyed to TCU andor BRI

4 Owner is current and active with the State of Florida Division of

Corporations and is authorized to do business in the State of Florida Affiant as ___________________________________ of Owner is authorized to execute instruments on behalf of Owner in connection with conveyance of the Utilities


5 All of the persons firms or corporations including the general

contractor and all subcontractors who have furnished services labor or materials used in the construction or repair of the Utilities have been paid in full and such work has been fully completed and accepted by the Owner

6 There are no judgments claims disputes demands or other matters

pending against Owner that could attach to the Utilities nor is any suit now pending on behalf of any contractor subcontractor laborer or materialman and no chattel mortgages of conditional bills of sale have been given or are now outstanding as to the Utilities placed upon or installed in the Property

7 If applicable the Utility Easements dedicated andor granted to TCU andor

BRI herewith conform exactly with the utility easements approved by the District on the Ownerrsquos plans during the Districtrsquos plan review Further the easement(s) extend to the respective adjacent property lines with no gaps or ldquospite stripsrdquo which could impair connection of adjacent utility facilities

8 Affiant states that the Utilities described herein are not included in

encumbered by or subject to any real property mortgage chattel mortgage security agreement Uniform Commercial Code financing statement Notice of Commencement or any other encumbrance except as listed in Exhibit ldquoBrdquo attached hereto

9 If a Notice of Commencement (ldquoNOCrdquo) is referenced in Exhibit ldquoBrdquo attached

hereto then the following applies with respect to each NOC

Affiant as and on behalf of the Owner of the Utilities does for valuable consideration hereby agree to indemnify and hold District TCU and BRI harmless from and against any and all claims actions liabilities costs penalties fines damages and expenses (including reasonable attorneyrsquos fees and costs) arising our of or pertaining to any final judgment or other court order foreclosing or otherwise terminating or materially impairing the Districtrsquos TCUrsquos andor BRIrsquos easement interests or personal property interests obtained pursuant to this turnover of Utilities If such final judgment or court order is entered then the District TCU andor BRI shall have the right to terminate or discontinue all of the Districtrsquos TCUrsquos andor BRIrsquos utility service to the Property and to enforce Ownerrsquos indemnity obligations herein


Dated this __ day of _____________ 20____ By _____________________________________ Printed Name _____________________________________ Its _____________________________________ Address _____________________________________ _____________________________________

STATE OF _______________ COUNTY OF _____________ The foregoing instrument was sworn and subscribed before me this ______ day of ___________________ 20___ by ____________________________________ as ____________________________ of _______________________________________ who is ( ) personally known to me or ( ) who has produced ____________________________ as identification

______________________________ Notary Public Printed Name__________________

Commission Expires____________


Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances

Page 1 of 4 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17f Rev ndash 102419



ATTORNEYS AFFIDAVIT Utility Acceptance Package

Phase ______________________________ STATE OF ______________ COUNTY OF_____________

On this _______________________ day of ___________ 20____ before me the undersigned authority personally appeared ________________________________ who first being duly sworn deposes and says

1 This Affidavit is given as an inducement to Babcock Ranch Community

Independent Special District a local unit of special purpose government organized and existing in accordance with Chapter 2007-306 Laws of Florida as amended (ldquoDistrictrdquo) MSKP Town amp County Utility LLC a Delaware limited liability company (ldquoTCUrdquo) and Babcock Ranch Irrigation LLC a Delaware limited liability company (ldquoBRIrdquo) and their successors and assigns (hereinafter collectively referred to as Utility) to accept the dedication or conveyance of water sewer and irrigation utility facilities located within or upon the real property described in the attached Exhibit A which is incorporated herein by reference said land being located in ______________________ County Florida (ldquoPropertyrdquo)

2 The Affiant has examined record title information to both the real and

personal property referenced in this Affidavit including but not limited to information requested from the Florida Secured Transaction Registry relative to any uniform commercial code financing statements all as more specifically listed in the attached Exhibit ldquoBrdquo Also attached is an Owners amp Encumbrance Report for the Property

3 The record owner of the real and personal property described herein is

___________________________________________________________ (hereinafter ldquoOwnerrdquo) The Owner acquired record title to the subject real property by instrument recorded _____________________ at Official Records Book ____________ Page _________ in the Public Records of ___________________ County Florida

4 (If applicable) I have examined the ______________________________

information for ____________________________ from the Secretary of


State of the State of ______________________ and the Owner is current and active within the State of ___________________ and is currently authorized to do business in the State of Florida ____________________________ as____________of _____________ is authorized to execute instruments on behalf of __________________ in connection with conveyance of an easement over the subject real property and the conveyance of the subject personal property

5 The real and personal property are free and clear of all encumbrances

except as listed in Exhibit B attached hereto The documents described in items _______ through _______ of Exhibit ldquoBrdquo are attached

6 After consideration of the Utility Facilities Subordination Consent and

Joinder Agreements which may be submitted herewith the encumbrances referenced in item 5 above do not and will not adversely affect the rights of Utility to own use and enjoy the real and personal property rights conveyed in connection herewith

7 The information contained in this Affidavit is true correct and current as of

___________________ and as of the dates of execution of the Utility Facilities Bill of Sale and Warranty Owners Affidavit Grant of Utilities Easement andor dedication of easement related hereto

8 Affiant is a licensed attorney authorized to practice law in the State of

Florida

Attorney

_______________________________ Printed Name Florida Bar Number _______________________________

Sworn to and subscribed before me this _________ day of _______________ 20___ by______________ as________________ of ___________________who is personally known to me ( ) or who has produced __________________ as identification

(Affix Seal)

_______________________Notary Public ________________ Printed Name

My Commission Expires ____________


Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances

Page 1 of 3 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17g Rev 102419



Property Appraisers Strap No _____________________________

UTILITY FACILITIES SUBORDINATION CONSENT AND JOINDER

Utility Acceptance Package Phase ______________________________

THIS SUBORDINATION CONSENT AND JOINDER given this___ day of _____________________ 20___ by _____________________________________ (hereinafter referred to as Mortgagee) in favor of Babcock Ranch Community Independent Special District (ldquoDistrictrdquo) dba Babcock Ranch Water Utilities a local unit of special purpose government organized and existing in accordance with Chapter 2007-306 Laws of Florida as amended whose mailing address is co Wrathell Hunt amp Associates LLC 2300 Glades Road Suite 410W Boca Raton FL 3431 Attn District Manager its successors and assigns and the LessorOperator as described in that certain Water and Sewer System and Irrigation Quality Water System LeaseOption to Purchase Agreement with MSKP and Babcock Ranch Irrigation LLC dated December 15 2016 as amended MSKP Town and Country Utility LLC whose mailing address is 42850 Crescent Loop Suite 200 Babcock Ranch FL 33982 and Babcock Ranch Irrigation LLC whose mailing address is 42850 Crescent Loop Suite 200 Babcock Ranch FL 33982 (hereinafter referred to as Utility) Mortgagee is used as singular or plural as the context requires

WITNESSETH

WHEREAS Mortgagee is the owner and holder of that certain Mortgage

recorded in Official Records Book _______ Page ________ or Instrument Number _______________________________________ et seq of the Public Records of ____________ County Florida (hereinafter referred to as the Mortgage) encumbering the premises legally described therein (hereinafter referred to as the Encumbered Property)

WHEREAS Utility has requested and received from ___________________________ the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of utility facilities over and across a portion of the encumbered premises legally described in Exhibit A attached hereto and incorporated herein by virtue of this reference which premises are hereinafter referred to as the Easement Property


WHEREAS Utility has requested that Mortgagee consent to join in and

subordinate its Mortgage to the interest that Utility has in the Easement Property to which request Mortgagee has agreed

NOW THEREFORE in consideration of TEN DOLLARS ($1000) and other

good and valuable consideration the receipt of which is hereby acknowledged the Mortgagee does hereby consent to join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over under and across the Easement Property and any interest of Utility in any utility facilities located therein or affixed thereto Except as subordinated to the easement described herein over under and across the Easement Property or any utility facilities located therein or affixed thereto said Mortgage shall remain otherwise in full force and effect

IN WITNESS WHEREOF the Mortgagee has caused these presents to be

executed the date and year first above written __________________________ ____________________ (Witness Signature) Mortgagee Printed Name _______________ __________________________ (Witness Signature) Printed Name _______________ By __________________ Title _________________ Address______________ _____________________ STATE OF ______________ COUNTY OF ____________ The foregoing instrument was acknowledged before me this ____day of ________

20_____ by _____________________ as ___________________ of ___________________ who is personally known to me ( ) or who has produced __________________ as identification

_____________________________ Notary Public _____________________________ Printed Name My Commission Expires _________


EXHIBIT ldquoArdquo

Page 1 of 4 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17h Rev 102419


As operated by Town amp Country Utilities and Babcock Ranch Irrigation Date _____________

ENGINEERS CERTIFICATION Utility Acceptance Package

Phase________________________________________

To Whom It May Concern With regard to the conveyance andor dedication of the water irrigation distribution andor waste water systems referenced above please be advised of the following 1 We have reviewed the material quantities as listed in the contractors (______________________________________) certification of costs and quantities dated __________________________________ and certify that such quantities are correct a copy of which is attached hereto as Exhibit A 2 A representative of this engineering firm under my direction did witness successful hydrostatic pressure test(s) of the water irrigation and wastewater systems and low pressure air testing for the gravity wastewater system as applicable Copies initialed by the Babcock Ranch Community Independent Special District (ldquoDistrictrdquo) Inspector or its designee are attached hereto as Exhibit B 3 All improvements being dedicated to the District MSKP Town and Country Utility LLC (ldquoTCUrdquo) andor Babcock Ranch Irrigation LLC (ldquoBRIrdquo) in the above- referenced project are located entirely within [check all applicable sections]

[ ] (1) dedicated District right-of-ways [ ] (2) easements being granted to District TCU andor BRI [ ] (3) pre-existing easement(s) (copies of grants of easement are being submitted herewith) [ ] (4) utility easements on the recorded plat (a copy of the recorded plat is being submitted herewith)

4 If applicable the easement(s) dedicated or granted to TCU andor


BRI herewith conform exactly with the easement(s) approved by the District on the Owners plans during the Districtrsquos plan review Furthermore the easement(s) extend to the respective adjacent property lines with no gaps or spite strips which could impair connection of adjacent utility facilities 5 The strap numbers required for recording in Charlotte County of the Grant of Utility Easement are as follows _______________________

_________________________________________________________

_________________________________________________________ _______________________ Engineer of Record (PE Seal) _______________________ Printed Name


EXHIBIT ldquoArdquo


EXHIBIT ldquoBrdquo

BABCOCK RANCH


5

Prepared ByReturn to Following Recording

Erica S Woods EsqBabcock Property Holdings LLC42850 Crescent Loop ndash Ste 200 Babcock Ranch FL 33982

UNDERGROUND POWER LINE EASEMENT (Corporate)

(10rsquo Greenway Boulevard)

THIS UNDERGROUND POWER LINE EASEMENT (ldquoEasementrdquo) is hereby granted this day of ____________ 2019 by BABCOCK PROPERTY HOLDINGS LLC a Delaware limited liability company with a mailing address of 42850 Crescent Loop Ste 200 Babcock Ranch Florida 33982 (ldquoBPHrdquo) and MSKP TOWN AND COUNTRY UTILITY LLC a Delaware limited liability company with a mailing address of 42850 Crescent Loop Ste 200 Babcock Ranch Florida 33982 ldquo(MSKPrdquo) (BPH and MSKP as Grantorrdquo to FLORIDA POWER amp LIGHT COMPANY a corporation organized and existing under the laws of the State of Florida with an address of PO Box 14000 Juno Beach Florida 33408-0420 and its successors and assigns (collectively ldquoGranteerdquo) joined in by the BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT a local unit of special-purpose government established pursuant to Chapter 2007-306 laws of Florida as amended being situated in Charlotte and Lee Counties Florida and whose mailing address is 2300 Glades Road Suite 410W Boca Raton Florida 33431 (the ldquoDistrictrdquo)

1 Grant of Easement Grantor for and in consideration of the sum of Ten Dollars ($1000) and other valuable consideration the receipt and sufficiency of which is hereby acknowledged does hereby grant to Grantee the following easements

a) A perpetual non-exclusive easement to be used for the construction operation and maintenance of underground distribution lines including appurtenant equipment for communication purposes for the transmission of electricity (all of the foregoing hereinafter referred to as facilities) under upon and across the lands of the Grantor situated in the County of Charlotte in the State of Florida and being more particularly described on the attached Exhibit ldquoArdquo ndash BPH Easement Area and Exhibit ldquoBrdquo ndash MSKP Easement Area (collectively the ldquoPower Line Easement Areardquo) which exhibits are incorporated herein

Together with the right and privilege from time to time to reconstruct inspect alter improve enlarge add to change the voltage as well as the nature or physical characteristics of replace remove or relocate such facilities or any part of them upon across or when expressly permitted by this Easement under the above-described Power Line Easement Area with all rights and privileges necessary or convenient for the full enjoyment and the use thereof for the herein described purposes including but not limited to the right to cut and keep clear all trees and undergrowth and other obstructions (not including any road utility and drainage improvements that exist as of the date hereof or approved by Grantee in writing prior to construction of same provided such improvements are properly maintained by Grantor) within said Power Line Easement Area and on lands of Grantor adjoining said Power Line Easement Area that may

1

interfere with the proper construction operation and maintenance of such facilities or any part of them the right to mark the location of any underground facilities by above ground and other suitable markers at Grantees own cost

Grantor further grants to the fullest extent the undersigned has the power to grant the rights hereinabove granted on the land heretofore described an easement over along and across the roads streets or highways adjoining or through said property for purposes of ingress and egress for access to such facilities

The Grantor however reserves the right and privilege to use the Power Line Easement Area for right of way utility drainage landscaping and irrigation and such other purposes except as herein stated or as might interfere or be inconsistent with the use occupation maintenance or enjoyment thereof by Grantee or its successors or assigns or as might cause a hazardous condition provided however and by the execution and delivery hereof Grantor so expressly agrees that no portion of the Power Line Easement Area shall be excavated altered obstructed improved surfaced or paved without the prior written permission of the Grantee or its successors or assigns which shall not be unreasonably conditioned withheld or delayed after receipt of such request from Grantor No further buildings wells irrigation systems structures obstructions or improvements (including any improvements for recreational activities) shall be located constructed maintained or operated over under upon or across said Power Line Easement Area by the Grantor or the heirs personal representatives successors or assigns of Grantor without Grantees prior written permission which shall not be unreasonably conditioned withheld or delayed after receipt of such request from Grantor In exercising such reserved rights Grantor acknowledges and agrees that

a) Sprinklers Sprinkler systems installed or to be installed or used by Grantor upon the Power Line Easement Area are to be constructed of a non-metallic material Aboveground systems shall not be installed within or across Granteersquos 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

b) Duty to Warn Grantor agrees that Grantor its successors and assigns shall warn its respective employees agents contractors and invitees that work under or near Grantees facilities of the fact that the electrical facilities and appurtenances installed or to be installed by Grantee within the Power Line Easement Area are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Grantees facilities Grantor agrees that its employees agents and contractors working under or near Granteersquos facilities shall attend an FPL Safety Six presentation Grantor its successors and assigns shall contact Grantee at least fifteen (15) days prior to the commencement of such work to schedule an FPL Safety Six presentation

2 Restoration of Power Line Easement Area Grantee shall at its sole cost and expense within sixty (60) days following the completion of construction activities by or on behalf of Grantee shall use commercially reasonable efforts to repair any damage to and restore the Power Line Easement Area to its pre-entry condition

2

3 Use of Power Line Easement Area Grantees use of the Power Line Easement Area shall comply with all federal state and local permitting requirements and Grantee agrees that its use shall not interfere with wetlands beyond those identified in Grantors permitting efforts Grantor shall have the ability from time to time to gate (provided that reasonable access is provided to Grantee such as keys etc) andor temporarily close all or any portion of the Power Line Easement Area for such time(s) as may be necessary in connection with the protection of property andor the preservation of life Grantees use of the Power Line Easement Area shall not interfere with existing uses facilities andor appurtenances

4 No Interference Grantor may install such facilities or improvements and grant any other rights and easements to others so long as the same do not interfere with the rights herein granted to Grantee

5 No Public Dedication Nothing herein shall be deemed to be a gift or dedication of any portion of the real property described herein to the general public or for general public purposes whatsoever it being the intention of the parties that this Easement shall be strictly limited to and for the purposes herein expressed

6 No Modification This Easement may not be amended or modified in any respect whatsoever or terminated or rescinded in whole or in part except by the written agreement of the parties duly executed with the formality of a deed acknowledged and recorded in the Public Records of Charlotte County Florida

7 Joinder Babcock Ranch Community Independent Special District an independent special district created by special act of the Florida Legislature Chapter 2007-306 Laws of Florida Special Acts 207 and as amended by Chapter 2016-257 Laws of Florida Special Acts 2016 is joining in to this Easement Agreement due to its beneficial interest in that certain Water and Sewer System and Irrigation Quality Water System LeaseOption to Purchase Agreement with MSKP and Babcock Ranch Irrigation LLC dated December 15 2016 as amended to acknowledge the use of the MSKP Easement Area as contemplated herein

8 No Waiver of Sovereign Immunity Nothing herein shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability that may have been adopted by the Florida Legislature in Section 76828 Florida Statutes or other statute and nothing herein shall inure to the benefit of any third party for the purpose of allowing any claim that would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law

9 No Liability Indemnification Grantee shall be liable for and indemnify defend and hold harmless Grantor for any bodily injury andor property damage that arises or occurs as a result of Granteersquos and its agents employees representatives licensees and invitees use of the Power Line Easement Area (including without limitation any such matters arising from Granteersquos construction traffic) Grantee shall not be liable for any bodily injury andor property damage arising from the negligent actions or omissions or willful acts of Grantor andor Grantorrsquos agents employees invitees licensees or other grantees and their respective agents and contractors The obligations under this paragraph shall survive any termination of this Easement

3

10 Insurance Prior to accessing the Power Line Easement Area Grantee will provide Grantor with a certificate of insurance or self-insurance letter evidencing General Liability Insurance with a minimum limit of coverage of $1000000 per occurrence and $2000000 in the aggregate for bodily injury liability and property damage liability Such limits of general liability insurance shall in no way limit or diminish Granteersquos liability Grantee shall have the right to maintain a deductible or self-insured retention in the full amount of the requirements stated in this Section 10 Grantee agrees that the deductible andor self-retention amounts for the insurance as set forth herein shall not be permitted in the event that Grantee transfers its interest in the Power Line Easement Area and such transfereeassignee does not maintain a net worth (as determined in accordance with generally accepted accounting principles consistently applied) of at least $10000000000 as reasonably determined by Grantor In the event that such net worth requirement is not met then commercially reasonable deductibles as reasonably determined by Grantor shall apply to the insurance requirement set forth herein Said liability policy shall contain a waiver of subrogation in favor of Grantor In addition with respect to any retention amounts or self-insurance permitted Grantee agrees to waive any claims that it may have against Grantor for any such amounts as to which a claim is made against Grantor and Grantee for such applicable matters

Prior to accessing the Power Line Easement Area Grantee will cause its contractors to provide Grantee with an ACORD or similar certificate of insurance evidencing insurance in at least the following minimum amounts

A Workersrsquo Compensation Insurance as required under Florida law

B Employersrsquo Liability Insurance including Occupational Disease shall be provided with a limit of (i) One Million Dollars ($1000000) for bodily injury per accident (ii) One Million Dollars ($1000000) for bodily injury by disease per policy and (iii) One Million Dollars ($1000000) for bodily injury by disease per employee

C General Liability Insurance with minimum limits of One Million Dollar ($1000000) per occurrence and Two Million Dollars ($2000000) in the general aggregate limit for bodily injury liability and property damage liability

D Automobile Liability Insurance which shall apply to all owned non-owned leased and hired automobiles in an amount with minimum limits of not less than One Million Dollars ($1000000) combined single limit per occurrence for bodily injury and property damage per accident

E Umbrella Liability Insurance which shall be follow form of the employerrsquos liability commercial general liability and commercial automobile liability insurance policies of limits not less than Two Million ($2000000) and

F Except for Workersrsquo Compensation Insurance such policies of insurance shall be endorsed to show Grantor and Grantee as additional insureds under such policies using ISO CG

4

00 01 1204 or equivalent and Commercial General Liability shall include a waiver of subrogation endorsement that schedules Grantor and Grantee

11 Default A default by any party under this Easement Agreement shall entitle the other party to all remedies available at law or in equity For all purposes hereof the parties waive their right to seek plead or obtain any judgment for any remedies or damages not specifically contained herein including without limitation consequential compensatory punitive or any other damages

12 Modification Waiver No modification termination or amendment of this Easement Agreement may be made except by written agreement between the parties No failure by any person or entity now or hereafter bound by this Easement Agreement to insist upon the strict performance of any covenant duty agreement or condition of this Easement Agreement or to exercise any right or remedy upon a breach of this Easement Agreement shall constitute a waiver of any such breach or of such covenant agreement term or condition Any person or entity now or hereafter bound by any provision of the Easement Agreement may but shall be under obligation to waiver any of its rights or any conditions to its obligations hereunder or any duty obligation or covenant of any other party hereto provided however that such waiver must be affected by a written instrument signed by the waiving party

13 Attorneysrsquo Fees In the event that either Grantor or Grantee seeks to enforce this Easement Agreement by court proceedings or otherwise then the prevailing party shall be entitled to recover all fees and costs incurred including reasonable attorneysrsquo fees and costs for trial alternative dispute resolution or appellate proceedings

14 Notices Any notice demand consent authorization request approval or other communication that any party is required or may desire to give to or make upon the other party pursuant to this Easement Agreement shall be effective and valid only if in writing signed by the party giving notice and delivered personally to the other parties or sent by express 24-hour guaranteed courier or delivery service or by certified mail of the United States Postal Service postage prepaid and return receipt requested addressed to the other party as follows (or to such other place as any party may by notice to the others specify)

To Grantor Babcock Property Holdings LLC 42850 Crescent Loop ndash Ste 200 Babcock Ranch FL 33982 Attn COO

MSKP Town and Country Utility LLC 42850 Crescent Loop ndash Ste 200 Babcock Ranch FL 33982 Attn COO

With a copy to Kitson amp Partners 4500 PGA Boulevard ndash Ste 400 Palm Beach Gardens FL 33418

5


To Grantee Florida Power amp Light 700 Universe Boulevard Juno Beach Florida 33408 Attn _____________________

With a copy to Florida Power amp Light 700 Universe Boulevard LAWJB Juno Beach Florida 33408 Attn General Counsel

Joining Party Babcock Ranch Community Independent Special District 2300 Glades Road ndash Suit 410W Boca Raton FL 33431 Attn District Manager


15 Third Parties This Easement Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason to or for the benefit of any third party not a formal party to this Easement Agreement Nothing in this Easement Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right remedy or claim under or by reason of this Easement Agreement or any of the provisions or conditions hereof Grantee shall be solely responsible for enforcing its rights under this Easement Agreement against any interfering third party Nothing contained in this Easement Agreement shall limit or impair the Granteersquos right to protect its rights from interference by a third party

16 Assignment Neither party may assign transfer or license all or any portion of its rights under this Easement Agreement without the prior written consent of the other party Any assignments attempted to be made by any party without the prior written approval of the other party are void Notwithstanding the foregoing any sale or transfer of any portion of the Easement Area by Grantor which sale or transfer is made subject to this Easement Agreement shall not require the approval or consent of any party Grantee agrees that in the event of transfer of any portion of the Power Line Easement Area to the District Grantee shall provide District with a certificate of insurance or self-insurance letter evidencing General Liability Insurance in the coverage amounts listed in Section 10 above and District shall be listed as an additional insured on all policies required in accordance with Section 10

6

17 Severability If any term covenant condition or provision of this Easement Agreement or the application thereof to any person entity or circumstance shall at any time or to any extent be held to be invalid or unenforceable the remainder of this Easement Agreement or the application of such term or provision to persons entities or circumstances other than those in which it is held invalid or unenforceable shall not be affected thereby and each remaining provision of this Easement Agreement shall be valid andor enforceable to the fullest extent permitted by law

18 Binding Effect This Easement Agreement and all of the provisions of this Easement Agreement shall inure to the benefit of and be binding upon the parties set forth herein and their respective successors and permitted assigns and the agents employees invitees tenants subtenants licensees lessees mortgagees in possession and independent contractors thereof as a covenant running with and binding upon the Power Line Easement Area

19 Authorization By execution below the undersigned represent that they have been duly authorized by the appropriate body or official of their respective entity to execute this Easement Agreement and that each party has complied with all the requirements of law and has full power and authority to comply with the terms and provisions of this instrument

20 Entire Agreement This Easement Agreement contains the entire understanding and agreement between the parties relating to the subject matter hereof and all prior or extrinsic agreements understandings representations and statements oral or written are merged herein andor superseded hereby There are no other agreements oral or written between the parties with respect to the subject matter hereof except as contained in this Easement Agreement

21 Counterparts This instrument may be executed in any number of counterparts each of which when executed and delivered shall constitute an original and such counterparts together shall constitute one and the same instrument Signature and acknowledgment pages if any may be detached from the counterparts and attached to a single copy of this document to physically form one document

22 Singular and Plural Uses Wherever in this Easement Agreement the singular is used the same shall include the plural and vice-versa and wherever in this Easement Agreement the masculine gender is used the same shall include the feminine and neuter genders and vice versa

23 Governing Law Venue This Easement Agreement shall be construed interpreted and controlled according to the laws of the County of Charlotte State of Florida Venue for any legal proceedings relating to this Easement shall lie in Charlotte County Florida

24 Paragraph Headings The headings used in this Easement are for convenience only shall in no way define or limit the scope or content of this Easement and shall not be considered in any construction or interpretation of this Easement or any part hereof

25 By the execution hereof Grantor covenants that it has the right to convey this easement subject to all covenants conditions and restrictions and other matters of record that

7

would be revealed by a title search of the Power Line Easement Area to all zoning and land use restrictions and regulations if any and to all matters that would be revealed by a survey of the Power Line Easement Area

8

IN WITNESS WHEREOF the Grantor has executed this Agreement this ____day of _________________________ 2019

Signed sealed and delivered in the GRANTOR presence of

BABCOCK PROPERTY HOLDINGS LLC a Delaware limited liability

____________________________ company Signature Print Name __________________

By ____________________________ _________________________________ Signature Its Vice-President Print Name __________________ Print Name Erica S Woods

9

___________________________________

ACKNOWLEDGMENT

STATE OF FLORIDA ) ) ss

COUNTY OF CHARLOTTE )

On this _____ day of ______________________ 2019 before me the undersigned notary public personally appeared Erica S Woods as Vice-President of BABCOCK PROPERTY HOLDINGS LLC a Delaware limited liability company personally known to me to be the person who subscribed to the foregoing instrument or who has produced _________________ and ________________________ respectively as identification and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do

IN WITNESS WHEREOF I hereunto set my hand and official seal

NOTARY PUBLIC STATE OF FLORIDA

Print Name _________________________

Commission No _____________________

My Commission Expires

10

____________________________

___________________________________


MSKP TOWN AND COUNTRY UTILITY LLC a Delaware Limited liability company

____________________________ Signature By _______________________________ Print Name __________________ Printed Name ______________________

Its _______________________________

Signature Print Name __________________

ACKNOWLEDGMENT



On this _____ day of ______________________ 2019 before me the undersigned notary public personally appeared ________________________ as ________________ of MSKP TOWN AND COUNTRY UTILITY LLC a Delaware limited liability company personally known to me to be the person who subscribed to the foregoing instrument or who has produced _________________ and ________________________ respectively as identification and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do



Print Name _________________________

Commission No _____________________


11

JOINDER AND CONSENT to

Easement Agreement

BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT a special purpose unit of local government established under Chapter 2007-306 Laws of Florida as amended hereby joins in and consents to this Easement Agreement to the extent of its ownership pursuant to the Water and Sewer System and Irrigation Quality Water System LeaseOption to Purchase Agreement entered into with MSKP and Babcock Ranch Irrigation LLC dated December 15 2016 as amended

Babcock Ranch Community Independent Special District

By ________________________________ Gary Nelson Chairman

12

Exhibit ldquoArdquo Legal Description of BPH Power Line Easement Area

13

EASTERLY LINE MSKP TOWN amp COUNTRY OF TRACT MA-5 UTILITY LLC

PID42261930002 TRACT MA-5

BABCOCK RANCH POB COMMUNITY POINT ON THE NORTHERLY LINE OF TRACT 1-35

GREENWAY BOULEVARD BABCOCK RANCH COMMUNITY GREEN WAY BOULEVARD PLAT BOOK 23 PAGES 7A THROUGH 7K

BABCOCK PROPERTY N 896330 75 HOLDINGS LLC NORTHERLY LINE E 73509883

OF TRACT 1-35PID422619301009 C1

POC SOUTHEAST CORNER OF TRACT MA-5 L1 BABCOCK RANCH COMMUNITY GREEN WAY BOULEVARD PLAT BOOK 23 PAGES 7A THROUGH 7K

TRACT 1-35 BABCOCK RANCH COMMUNITY

GREENWAY BOULEVARD

BABCOCK PROPERTY HOLDINGS LLC UTILITY EASEMENT PID 422619301006

PARCEL2 (004 ACRES plusmn)

C) J

N 89620687 0 10 20 40 E 73501408

(INTENDED DISPLAY SCALE 1=40)

LINE TABLE CURVE TABLE

LINE BEARING DISTANCE CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH

L1 S01 middot43 43 W 294 C1 90250 10middot3135 S86deg5936E 16558 16581

L2 S46deg43 43W 12867 C2 90250 0middot3822 S81 deg2437E 1007 1007

L3 S01 middot43 43 W 31 26 C3 128000 0middot27bull07 s83middot53 41 w 1009 1009

L4 N01 middot43 43E 3677

DESCRIPTIONL5 N46deg4343E 12867 PARCEL OF LAND

LYING IN SECTION 19 TOWNSHIP 42 SOUTH RANGE 26 EAST

CHARLOTTE COUNTY FLORIDA ~

A PARCEL OF LAND FOR UTILITY EASEMENT PURPOSES LYING IN SECTION 19 TOWNSHIP 42 SOUTH RANGE 26 N EAST CHARLOTTE COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS 8 ~ COMMENCING AT THE SOUTHEAST CORNER OF TRACT MA-5 BABCOCK RANCH COMMUNITY GREENWAY BOULEVARD AS RECORDED IN PLAT BOOK 23 PAGES 7A THROUGH 7K PUBLIC RECORDS CHARLOTTE COUNTY THENCE -=- ALONG THE NORTHERLY LINE OF TRACT 1-35 OF SAID PLAT ON THE ARC OF A CURVE TO THE RIGHT HAVING A f RADIUS OF 90250 FEET (DELTA 10deg3136) (CHORD BEARING S86deg5936E) (CHORD 16558 FEET) FOR A 0 DISTANCE OF 16581 FEET TO THE POINT OF BEGINNING THENCE CONTINUE ON SAID NORTHERLY LINE ON THE ARC ~ OF A CURVE TO THE RIGHT HAVING A RADIUS OF 90250 FEET (DELTA 00middot3822 ) (CHORD BEARING S81 middot2437E) (CHORD ] 1007 FEET) FOR A DISTANCE OF 1007 FEET THENCE s01 bull4343 w DEPARTING SAID NORTHERLY LINE A DISTANCE OF ~ 294 FEET THENCE S464343W A DISTANCE OF 12867 FEET THENCE s01middot4343w A DISTANCE OF 3126 FEETil THENCE ON THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 128000 FEET (DELTA 00bull2707)f (CHORD BEARING S835341W) (CHORD 1009 FEET) FOR A DISTANCE OF 1009 FEET THENCE N014343E A DISTANCE

a OF 3677 FEET THENCE N464343E A DISTANCE OF 12867 FEET TO THE POINT OF BEGINNING

~ NOT A SURVEYi LEGEND

~ P0C = POINT OF COMMENCEMENT I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE -~ P0 B = POINT OF BEGINNING AND BELIEF THAT THE LEGAL DESCRIPTION AND ~ PIO = PARCEL IDENTIFICATION NUMBER ATTACHED SKETCH WERE PREPARED IN ACCORDANCE ~ N = NORTHING (FEET) WITH THE APPLICABLE PROVISIONS OF CHAPTER g E = EASTING (FEET) 5J-1705 FLORIDA ADMINISTRATIVE CODE PURSUANT

I TO CHAPTER 472 FLORIDA STATUTES

~ NOTES ~ 1 THIS IS NOT A BOUNDARY SURVEY NOR IS IT INTENDED TO BE USED ~ AS ONE ~ 2 COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FEET AND KEVIN M RISCASSI (FOR THE FIRM LB 642) ~ ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM PROFESSIONAL SURVEYOR AND MAPPER ~ WEST ZONE NORTH AMERICAN DATUM OF 1983 (NAD83) 1999 FLORIDA CERTIFICATE NO 6433

~ ADJUSTMENT DATE SIGNED ____________9- 3 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY LINE OF ~ TRACT MA-5 PLAT OF BABCOCK RANCH COMMUNITY GREENWAY NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL e BOULEVARD BEING s 01 middot07 45w 4 PARCEL CONTAINS 1642 SQUARE FEET OR 004 ACRES MORE OR LESS RAISED SEAL OF A FLORIDA LICENSED SURVEYOR ~ AND MAPPER

JOHNSON ENGINEERING INC 2122 JOHNSON STREET

PO BOX 1550JOHNS Dll FORT MYERS FLORIDA 33902-1550 PHONE (239) 334-0046

FAX (239) 334-3661ENGINEERING EB 642 amp LB 642

SKETCH AND DESCRIPTION UTILITY EASEMENT PARCEL 2

DATE PROJECT NO FILE NO SCALE SHEET

OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft

Exhibit ldquoBrdquo Legal Description of MSKP Power Line Easement Area

14

EASTERLY LINE L2 N 89643714OF TRACT MA-5 E 73511205

UTILITY EASEMENT PARCEL1

(002 ACRES plusmn) 0 10 20 40

(INTENDED DISPLAY SCALE 1=40) MSKP TOWN amp COUNTRY UTILITY LLC

PID 42261930002 TRACT MA-5

BABCOCK RANCH COMMUNITY

GREENWAY BOULEVARD POC BABCOCK PROPERTY SOUTHEAST CORNER OF TRACT MA-5

HOLDINGS LLC BABCOCK RANCH COMMUNITY GREENWAY BOULEVARD PLAT BOOK 23 PAGES 7A THROUGH 7KPID 422619301009

C1

NORTHERLY LINE OF TRACT 1-35

TRACT 1-35 BABCOCK RANCH COMMUNITY POINT ON THE NORTHERLY LINE OF TRACT 1-35

GREENWAY BOULEVARD BABCOCK RANCH COMMUNITY GREENWAY BOULEVARD PLAT BOOK 23 PAGES 7A THROUGH 7K

BABCOCK PROPERTY N 896330 75 HOLDINGS LLC E 73509883

PID 422619301006


LINE BEARING DISTANCE CURVE RADIUS DEL TA CHORD BEARING CHORD LENGTH

L1 N01 4343E 10674 C1 90250 103136 S865936E 16558 16581

L2 S881628E 1000 C2 90250 03822 N81 2437W 1007 1007

L3 S01 43 43W 10795

DESCRIPTION PARCEL OF LAND


E CHARLOTTE COUNTY FLORIDA C

N N A PARCEL OF LAND FOR UTILITY EASEMENT PURPOSES LYING IN SECTION 19 TOWNSHIP 42 SOUTH RANGE 26 EAST CHARLOTTE COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS

~ COMMENCING AT THE SOUTHEAST CORNER OF TRACT MA-5 BABCOCK RANCH COMMUNITY GREENWAY BOULEVARD

N AS RECORDED IN PLAT BOOK 23 PAGES 7A THROUGH 7K PUBLIC RECORDS CHARLOTTE COUNTY THENCE 8 ALONG THE NORTHERLY LINE OF TRACT 1-35 OF SAID PLAT ON THE ARC OF A CURVE TO THE RIGHT HAVING A ~ RADIUS OF 90250 FEET (DELTA 103136) (CHORD BEARING S86 5936E) (CHORD 16558 FEET) FOR A

DISTANCE OF 16581 FEET TO THE POINT OF BEGINNING THENCE N014343E DEPARTING SAID NORTHERLY LINE ~ A DISTANCE OF 10674 FEET THENCE S881628E A DISTANCE OF 1000 FEET THENCE s01bull4343w A ~ DISTANCE OF 107 95 FEET TO A POINT OF INTERSECTION WITH THE AFOREMENTIONED NORTHERLY LINE OF TRACT ~ 1-35 THENCE ALONG SAID NORTHERLY LINE ON THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A ] RADIUS OF 90250 FEET (DELTA 003822) (CHORD BEARING N812437W) (CHORD 1007 FEET) FOR A ~ DISTANCE OF 1007 FEET TO THE POINT OF BEGINNING il ~ ~ a


~ P0C = POINT OF COMMENCEMENT I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE -~ P0B = POINT OF BEGINNING AND BELIEF THAT THE LEGAL DESCRIPTION AND ~ PID = PARCEL IDENTIFICATION NUMBER ATTACHED SKETCH WERE PREPARED IN ACCORDANCE ~ N = NORTHING (FEET) WITH THE APPLICABLE PROVISIONS OF CHAPTER g E = EASTING (FEET) 5J-1705 FLORIDA ADMINISTRATIVE CODE PURSUANT



~ ADJUSTMENT DATE SIGNED ____________9- 3 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY LINE OF ~ TRACT MA-5 PLAT OF BABCOCK RANCH COMMUNITY GREENWAY NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL e BOULEVARD BEING s01middot0745w 4 PARCEL CONTAINS 1073 SQUARE FEET OR 002 ACRES MORE OR LESS RAISED SEAL OF A FLORIDA LICENSED SURVEYOR ~ AND MAPPER






OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft

BABCOCK RANCH


6

FIN 593091319

CHARLOTTE COUNTY SHERIFF 7474 Utilities Road Punta Gorda FL 33982 bull (941) 639-2101

Off Duty Detail Coordinator Phone Number 941-575-5215

Vendor Information Business Name Babcock Ranch Community Independent Special District

Street 2300 Glades Road Suite 410W

City Boca Raton State FL Zip Code33431

Business Contact Craig Wrathell Phone 561-571-0010 Fax561-571-0013

Email Address wrathellcwhhassociatescom

Event Information

Detail Location Intersection of State Rd 31 and Lake Babcock Drive

Street

City Babcock Ranch State FL Zip Code 33982

Point of Contact During Event Allen Baum 239-963-5059 Cory Taylor 239-994-9548

Event Date 10119 - 93020 Time From 630 ampm To 930 ampm

Anticipated Crowd Size Type of Event Traffic Control During School Drop Off

Total Number of Officers Requested 2

Permits Attached Yes No

Detail Information Security Traffic X Prisoner Transport

Funeral Escort From To

Marked Vehicle Yes No

Detailed Description of Services Needed Two officers for traffic control at the Intersection of SR 31 and Lake Babcock Drive Onsite from 730am - 830am on all days students are in school (see school calendar)

Detail Rates

$4250 per hour for Officer wout Patrol Vehicle $4500 per hour for Officer wMarked Vehicle

Supervisor Rates apply for a detail that requires 5 or more Deputies

$4800 - $5350 per hour wout Patrol Vehicle $5050 - $5600 per hour wPatrol Vehicle

Special Rate Holiday Rate Last Minute Requests $6500 per hour per Deputy

See attached Conditions of Permit

FIN 593091319

CHARLOTTE COUNTY CHARLOTTE COUNTY SHERIFFrsquoS OFFICE

CONDITIONS OF PERMIT

Extra-Duty Law EnforcementSecurity Related Services The following are general conditions that the personbusiness requesting Extra-Duty Law Enforcement Security 1 If you require assistance with a scheduled detail after normal administrative hours (M-F 730 am to 430 pm)

contact must be made with the Watch Commander on duty by calling 941-639-2101

2 Any Member who is engaged in any extra-duty employment is subject to On-Duty status (call-out) at any time The Sheriffs Office reserves the right to cancel the detail without notice and to recall the deputy(s) when necessary for community safety without penalty

3 Extra-Duty employment shall be suspended any time a conflict is found to exist the employment interested with the memberrsquos primary duties as a law enforcement officer is in violation of State of Federal law or Office policy

4 The rate charged an employer for extra-duty law enforcement security related services shall be a standardized hourly rate established by the Office which shall include compensation of personnel any applicable employment taxes and any administrative costs to administer the program

5 Off-Duty Detail requests for five (5) or more deputies will require a supervisor to be billed at a higher rate

6 Payment for any services directly to the member is strictly prohibited The Office will be responsible for

collecting such payment and making disbursement to the member

7 Extra Duty law enforcement services shall be performed with the boundaries and jurisdiction of Charlotte County

8 Payments will be made in advance unless other arrangements have been made If other arrangements have not been made payment MUST be received 48 hours prior to detail start time

9 Cancellations of service by the Permittee (personbusiness requesting service) MUST be made at least 48 hours in advance Failure to do so will result in the Charlotte County Sheriffrsquos Office billing permittee for two (2) hours minimum for administrative cost Notification must be made via email to Financeccsoflnet amp WatchCommandersccsoflnet

10 If the employment has been sanctioned and authorized as provided in this policy liability and Workerrsquos Compensation Insurance Coverage provided by the Sheriffrsquos Office will be in effect if the off-duty deputy sustains an injury while enforcing the criminal traffic or penal laws of the State or county ordinances while the member is performing extra-duty law enforcementsecurity related employment

11 All permits must be obtained 24 hours in advance In emergent situations exceptions may be made by the program administrator

12 Holiday Special Rate Defined

bull Holiday Rate applies to any detailevent that begins on the following observed Holidays New Years Eve Labor Day New Years Day Black Friday Memorial Day Thanksgiving Day Independence Day Christmas Eve Christmas Day

FIN 593091319

13 Last Minute Detail Request Rate Defined bull Any Detail request received 48 hours or less of notice prior to start time of event

14 The Entity understands and consents to the CCSO conducting an assessment of the security needs of the Entity

for the event location set forth in Exhibit A The Entity understands the assessment of the referenced security needs by the CCSO is conducted by the CCSO at their sole and absolute discretion to allow CCSO to determine the minimum number of extra-duty detail law enforcement personnel adequate for the event The Entity acknowledges the assessment of security needs by CCSO as set out herein does not constitute a representation promise guarantee or warranty by CCSO that CCSO will be able to supply the minimum number of off-duty or extra-duty detail law enforcement personnel which CCSO determines are required

The Entity understands the extra duty detail services provided to the Entity are intended to offer an immediate presence of uniformed sworn law enforcement personnel and to by their presence alone serve to potentially deter unruly or unlawful behavior The Entity fully understands and accepts that by CCSO providing extra duty detail services pursuant to this Agreement CCSO is not assuming any duties of protection or care to any persons who may or may not be present at the location of the event as set forth in Exhibit A The Entity acknowledges the extra-duty detail services provided by CCSO are merely to serve as a supplement to other measures andor care provided or taken by the Entity and the Entity specifically DOES NOT expect or rely on CCSO to exclusively assume any duties of care

15 The primary duties and essential functions of law enforcement personnel providing extra-duty detail services shall be as assigned by CCSO command

The selection and scheduling of the law enforcement personnel providing extra-duty detail services shall be in accordance with the practices and policies of CCSO

16 The parties to this Agreement are solely independent of each other and are contracting with each other for the sole purpose of the obligations set forth in the Agreement Nothing in this Agreement shall create a partnership joint venture agency or employeremployee relationship Neither party may make or undertake any commitments or obligations on behalf of the other

17 The failure of CCSO to insist on any one or more instances of performance of any of the terms and conditions

of this Agreement or to exercise any right or privilege contained in this Agreement or the waiver of any breach of the terms and conditions of this Agreement shall not be considered as having waived any such terms conditions rights or privileges of the Agreement and the same shall continue and remain in force and effect

18 It is the intention of the parties that this Agreement is in compliance with all relevant state and federal statutes

regulations and governmental agency guidelines governing the relationship between the parties at the time of execution If any provision of this Agreement is subsequently rendered invalid or unenforceable by any local state or federal statute or regulation or declared null and void by any court of competent jurisdiction the remaining provisions of this Agreement will remain in full force and effect

19 This Agreement is intended solely for the benefit of the parties hereto and shall not directly or by implication

create any rights claims obligations or duties to any third party not a signatory to this Agreement

20 This Agreement shall not be assigned in whole or in part by either party without the express prior written consent of the other party

21 This Agreement shall be controlled interpreted construed and enforced in accordance with the laws of the

State of Florida without regard to conflict of laws The exclusive venue for any dispute arising out of this Agreement shall be in a court of competent jurisdiction in Charlotte County Florida

FIN 593091319

22 This Agreement may only be modified or amended by the mutual written agreement of the parties Any such modification or amendment shall be signed by each party and shall be attached to and become a part of this Agreement

23 The Entity agrees to indemnify and hold harmless CCSO and its employees volunteers and agents for and

from any and all claims (direct or derivative) damages costs expenses demands of whatsoever kind or nature and causes of action arising from or related to the Entityrsquos performance nonperformance action(s) omission(s) or failure to act related to any duty or obligation imposed upon CCSO pursuant to the Agreement This indemnification obligation shall not be subject to any limitation as to the amount or type of recovery sought or on the amount or type of insurance coverage secured by the Entity Further the Entity shall require all their insurance carriers with respect to all insurance policies to which they are a party to waive all rights of subrogation against CCSO incidental to the extra-duty detail service described herein

24 Nothing herein contained in this Agreement is intended nor shall be construed to waive any of the limitations

of liability and other defenses provided by sovereign immunity and the strict financial limitations set forth in Florida Statute 76828

25 Nothing contained in this Agreement shall in any way limit or impeded application of the indemnification

language in Florida Statute 302905

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first written above

ENTITY WILLIAM PRUMMELL SHERIFF OBO THE

CHARLOTTE COUNTY SHERIFFrsquoS OFFICE

By _________________________________ By _________________________________ SheriffDesignee

Print Name Print Name Date Click or tap to enter a date Date Click or tap to enter a date

BABCOCK RANCH


7

SECOND AMENDMENT TO THE AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED EFFLUENT WATER

Babcock National Golf Course

This Second Amendment is made and entered into as of this _______ day of _____________ 2019 (the ldquoSecond Amendmentrdquo) by and between

Babcock Ranch Community Independent Special District a local unit of special-purpose government established pursuant to Chapter 2007-306 Laws of Florida and located in Charlotte and Lee Counties whose address is 2300 Glades Road Suite 410W Boca Raton Florida 33431 (the ldquoDistrictrdquo) and Lennar Homes LLC with a mailing address of 10481 Ben C PrattSix Mile Cypress Parkway Fort Myers Florida 33966 (User together with District the ldquoPartiesrdquo)

RECITALS WHEREAS on January 11 2019 the District and the User entered into an agreement for delivery and use of reclaimed effluent water (the ldquoOriginal Agreementrdquo) which was subsequently amended on September 26 2019 (the ldquoFirst Amendmentrdquo together with the Original Agreement the ldquoAgreementrdquo) which is attached hereto as Composite Exhibit A and

WHEREAS pursuant to the terms of the Agreement the Parties desire to amend the Agreement as set forth in more detail in Section 2 below and

WHEREAS any terms not otherwise defined herein shall have the meaning set forth in the Agreement WHEREAS the Parties each represent that it has the authority to execute this Second Amendment and to perform its obligations and duties hereunder and each has satisfied all conditions precedent to the execution of this Second Amendment so that this Second Amendment constitutes a legal and binding obligation of each party hereto NOW THEREFORE based upon good and valuable consideration and the mutual covenants of the Parties the receipt of which and sufficiency of which is hereby acknowledged the Parties agree as follows SECTION 1 The Agreement is hereby affirmed and continues to constitute a valid and binding agreement between the Parties Except as described in Section 2 of this Second Amendment nothing herein shall modify the rights and obligations of the Parties under the Agreement All of the remaining provisions including but not limited to the provision and use of reclaimed water indemnification and sovereign immunity provisions remain in full effect and fully enforceable

2

SECTION 2 The Agreement is hereby amended to modify the grant of temporary pumping described in paragraph 22 as stated below in its entirety

22 GRANT OF TEMPORARY PUMPING AUTHORIZATION Prior to Userrsquos completion of the lake receiving the reclaimed water pursuant to the terms of this Agreement the District hereby authorizes the User to pump water for irrigation purposes from any lake located on Userrsquos property for a period of four (4) weeks from execution of this Second Amendment Such authorization shall automatically terminate on November 21 2019 without further action from either User or District User agrees that any pumping activities conducted in accordance with this Agreement shall be in accordance with all requirements of applicable local State and Federal laws rules regulations and ordinances If User fails to notify the District in writing within five (5) days of the receipt of any notice order required to comply notice or a report of a violation or an alleged violation made by any local State or Federal governmental body or agency or subdivision thereof with respect to pumping activities conducted under this Second Amendment or User fails to comply with any requirement of such agency within five (5) days after receipt of any such notice order request to comply notice or report of a violation or an alleged violation the District may terminate this Second Amendment such termination to be effective upon the giving of notice of termination

SECTION 3 All remaining terms and conditions of the Agreement without limitation

are hereby adopted reaffirmed and incorporated as if restated herein IN WITNESS WHEREOF the Parties execute this Second Amendment the day and year first

written above Attest BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT _____________________________ ________________________________________ SecretaryAssistant Secretary ChairmanVice Chairman ATTEST LENNAR HOMES LLC _____________________________ By _____________________________________ Witness Name ____________________________________ Name ________________________ Its _____________________________________ Exhibit A Agreement dated January 11 2019 as amended on September 26 2019

3

Exhibit A Agreement for the Delivery and Use of Reclaimed Effluent Water and First Amendment

FIRST AMENDMENT TO THE AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED EFFLUENT WATER


This First Amendment is made and entered into as of this 26th day of ______ 2019 (the First Amendment) by and between September

Babcock Ranch Community Independent Special District a local unit of special-purpose government established pursuant to Chapter 2007-306 Laws of Florida and located in Charlotte and Lee Counties whose address is 2300 Glades Road Suite 41 OW Boca Raton Florida 33431 (the District) and

Lennar Homes LLC with a mailing address of 10481 Ben C PrattSix Mile Cypress Parkway Fort Myers Florida 33966 (User together with District the Parties)

RECITALS

WHEREAS on January 11 2019 the District and the User entered into an agreement for delivery and use of reclaimed effluent water (the Agreement) which is attached hereto as Exhibit A and

WHEREAS pursuant to the terms of the Agreement the parties desire to amend the Agreement as set forth in more detail in Section 2 below and

WHEREAS any terms not otherwise defined herein shall have the meaning set forth in the Agreement

WHEREAS the Parties each represent that it has the authority to execute this First Amendment and to perfonn its obligations and duties hereunder and each has satisfied all conditions precedent to the execution of this First Amendment so that this First Amendment constitutes a legal and binding obligation of each party hereto

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

SECTION 1 The Agreement is hereby affirmed and continues to constitute a valid and binding agreement between the Parties Except as described in Section 2 of this First Amendment nothing herein shall modify the rights and obligations of the parties under the Agreement All of the remaining provisions including but not limited to the provision and use of reclaimed water indemnification and sovereign immunity provisions remain in full effect and fully enforceable

--------

----------- ------

SECTION 2 The Agreement 1s hereby amended to add the paragraph 22 as stated below in its entirety

22 GRANT OF TEMPORARY PUMPING AUTHORIZATION Prior to Users completion of the lake receiving the reclaimed water

pursuant to the terms of this Agreement the District hereby authorizes the User to pump water for irrigation purposes from any lake located on Users property for a period of six (6) weeks from execution of this First Amendment Such

September 26authorization shall automatically terminate on ________ 2019 without further action from either User or District User agrees that any pumping activities conducted in accordance with this Agreement shall be in accordance with all requirements of applicable local State and Federal laws rules regulations and ordinances If User fails to notify the District in writing within five (5) days of the receipt of any notice order required to comply notice or a report of a violation or an alleged violation made by any local State or Federal governmental body or agency or subdivision thereof with respect to pumping activities conducted under this First Amendment or User fails to comply with any requirement of such agency within five (5) days after receipt of any such notice order request to comply notice or report of a violation or an alleged violation the District may terminate this First Amendment such termination to be effective upon the giving of notice of termination

SECTION 3 All remaining terms and conditions of the Agreement without limitation are hereby adopted reaffirmed and incorporated as if restated herein

IN WITNESS WHEREOF the parties execute this First Amendment the day and year first

written above

Attest BABCOCK RANCH COMMUNITY

INDEPENDENT SP CI L DISTRICT

ATTEST

Witness Name

- - -

LENNAR HOMES LLC

By Name Its

Exhibit A Agreement dated January 11 2019

2

SECTION 2 The Agreement is hereby amended to add the paragraph 22 as stated below in its entirety


pursuant to the terms of this Agreement the District hereby authorizes the User to pump water for irrigation purposes from any lake located on Users property for a period of six (6) weeks from execution of this First Amendment Such authorization shall automatically terminate on ________ 2019 without further action from either User or Districl User agrees that any pumping activities conducted in accordance with th is Agreement shall be in accordance with all requirements of applicable local State and Federal laws rules regulations and ordinances If User fails to notify the District in writing within five (5) days of the receipt of any notice order required to comply notice or a report of a violation or an alleged violation made by any local State or Federal governmental body or agency or subdivision thereof with respect to pumping activities conducted under this First Amendment or User fails lo comply with any requirement of such agency within five (5) days after receipt of ny such notice order request to comply notice or report of a violation or an a eged violation the District may terminate this First Amendment such tcrmi ation to be effective upon the giving of notice of termination

SECTION 3 All remaining terms and conditions of 1e Agreement without limitation are hereby adopted reaffirmed and incorporated as if restate herein

IN WITNESS WHEREOF the parties execute this Firs Amendment the day and year first written above

Attest BABCOC RANCH COMMUNITY ENT SPECIAL DISTRICT

Secretary Assistant Secretary

LENNAR ES LLC

By

Name~~~ Its Jclt- ~~L_ _----=__o~__q _____ _

Exhibit A Agreement dated January I I 2019

2

September 26

Exhibit A Agreement for the Delivery and Use of Reclaimed Effluent Water

3

CHARLOTTE COUNTY CLERK OF CIRCUIT COURT OR BOOK 4399 PGS 885 PAGE 1 OF 36 CNSTR 2678161 Doc Type AGR Recorded 1232019 at 921 AM Rec Fee RECORDING $30750 ERECORDED Cashier By IVETTE

This Instrument Prepared

By and After Recording

Return co Jonathan T Johnson Esq Hopping Green amp Sams PA 119 South Monroe Street Suite 300 Tallahassee Florida 32301

(THIS SPACE RESERVED FOR RECORDING)

AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED EFFLUENT WATER


THIS AGREEMENT is made and entered into on this __day of January 2019 between LENNAR HOMES LLC a Florida Limited Liability Company and its assigns and successors in interest hereinafter referred to as the USER and BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT a political subdivision of the State of Florida hereinafter referred to as the DISTRICT

WHEREAS the DISTRICT entered into that certain Lease Option to Purchase Agreement with MSKP Town amp Country Utilily LLC and Babcock Ranch Irrigalion LLC dated December 15 2016 lo provide wastewater treatment services within the BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT and intends to produce treated effluent water for the irrigation of grasses and other landscaping and

WHEREAS the DISTRICT desires to deliver this treated effluent water for irrigation use by others as a means of effluent water disposal and

WHEREAS the DISTRICT intends to utilize a reclaimed effluent water distribution system in order that delivery can be made directly to USER in a closed or open system and

WHEREAS USER now owns or otherwise controls the land upon which the reclaimed effluent water is to be used for irrigation purposes and

WHEREAS the DISTRICT believes that it is in the public interest to enter into this Agreement to further dispose of effluent water from its wastewater treatment facilities

NOW THEREFORE in consideration of the foregoing and the mutual covenants contained herein the USER and DISTRICT do hereby agree as follows

t EASEMENT Since the distribution point (the Point of Delivery) will be within the USERS property the

USER will grant to DISTRICT an easement for operation and maintenance of the delivery system for I

OR BOOK 4399 PAGE NUMBER 886 INSTR 2678161 PAGE 2 OF 36

the reclaimed effluent water on the USERS property via an easement The patties agree to execute an easement agreement in the form attached hereto as EXHIBIT A once the Point of Delivery and description of the property to receive reclaimed water has been determined by USER and approved by the DISTRICT Upon execution by both parties EXHIBIT A shall be recorded in the official record books in the official records of Charlotte County Florida Once recorded the easement agreement itself and the legal description of the property subject to the easement shall be incorporated by reference and made a part of this Agreement

2 TERM OF THE AGREEMENT The DISTRICT shall deliver and the USER shall accept and use reclaimed effluent water

delivered by the DISTRICT for a term of twenty (20) years from the date of execution by the DISTRICT

The term of this Agreement shall renew automatically from year to year beyond the initial twenty (20) yerumiddot term unless sooner terminated by the DISTRICT or the USER by written notice not less than one (1) year (365 days) in advance of the anniversrumiddoty of the commencement of each renewal

3 USE OF RECLAIMED WATERi USERS IRRIGATION SYSTEM A The USER shall use reclaimed water delivered by the DISTRICT only for inigation of

its golf course provided that use of the reclaimed water shall be consistent with all local state and federal regulations and in such a manner as not to require a federal wastewater discharge permit USER shall be permitted to pump reclaimed water provided by the DISTRICT into USERS golf courses primary i1Tigation lake and to construct such facilities within said primrumiddoty ilTigation lake as may be reasonably required to then pump said iITigation quality water from said primary irrigation lake into USERS golf course inigation system at the pressures required for the distribution of such irrigation quality water throughout the irrigated portions of USERS golf course It is understood that USER may not pump water accumulated within the lakes ponds and retention areas located within USERS property above and beyond the reclaimed water purchased by USER and delivered by the DISTRICT for the ilTigation of USERS golf course

B All cross-connections to the potable water system me prohibited and the USER must adhere to all conditions of the DISTRICTS Water Utilities Policies Manual (Policies) and its CrossshyConnection Control Policy (CCCP) The District shall conduct inspections as specified in the CCCP

C In accordance with subsection 62-610471(3) Florida Administrative Code when constructing reclaimed water distribution piping the USER shall maintain a 75-foot setback distance from a reclaimed water transmission facility to public water supply wells No setback distances are required to other potable water supply wells or to any non-potable water supply wells

D No setback distances rumiddote required to any surface water to any developed areas or to any private swimming pools hot tubs spas saunas picnic tables barbecue pits or barbecue grills as proscribed in section 62-610471 Florida Administrative Code

E Pursuant to subsection 62-610469(4) F101ida Administrative Code USER shall not use reclaimed water to fill swimming pools hot tubs or wading pools

F As required by subsection 62-610471(6) Florida Administrative Code USER shall use low trajectory nozzles or other means to minimize aerosol f01mation within 100 feet from outdoor

2

OR BOOK 4399 PAGE NCMBER 887 INSTR 2678161 PAGE 3 OF 36

public eating drinking or bathing facilities

G In accordance with subsection 62-610471(8) Florida Administrative Code USER shall maintain a setback distance of 100 feet from indoor aesthetic features using reclaimed water to adjacent indoor public eating and drinking facilities

H Pursuant to subsection 62-610468(2) Florida Administrative Code the USER shall notify the public of the use of reclaimed water Such notification shall be accomplished by USER posting advisory signs in areas where reuse is practiced including notes on scorecards or other methods

I As required by sections 62-610468 and 62-610469 Florida Administrative Code USER shall ensure all advisory signs and labels on vaults service boxes or compartments that house hose bibbs along with all labels on hose bibbs valves and outlets bear the words do not drink and no beber along with the equivalent standard international symbol In addition to the words do not drink and no beber USER shall require advisory signs posted at storage ponds and decorative water features to also bear the words do not swim and no nadar along with the equivalent standard international symbols

J In accordance with subsection 62-610468(6) Florida Administrative Code USER shall ensure that users of reclaimed water arc inf01med about the origin nature and characteristics of reclaimed water the manner in which reclaimed water can be safely used and limitations on the use of reclaimed water USER notification in a manner consistent with subsection 62-610(2) Florida Administrative Code is required at the time of initial connection to the reclaimed water distribution system and annually after the reuse system is placed into operation USER shall provide a description of on-going public notification activities to the DISTRJCT for inclusion in the DISTRICTS Annual Reuse Report

K USER shall conduct routine aquatic weed control and regular maintenance of storage pond embankments and access areas as required by subsection 62-610414(8) Florida Administrative Code

L In accordance with subsection 62-610800(9) Florida Administrative Code USER shall report overflows from the lake which shall be identified by USER upon finalization of design plans and a description of the location of which shall be included as an addendum to this Agreement as abnormal events to the DISTRICT within two hours of discovery

M DISTRICT will provide USER with notification that delivery will commence and USER will be obligated to start receiving reclaimed water from the DISTRICT accordingly USER shall be solely responsible for the operation and maintenance of all portions of the USERs iITigation system located within the boundaries of USERs property and in accordance with the conditions attached hereto as EXHIBIT B and made part of this Agreement

4 WATER QUALITY Reclaimed water delivered under this Agreement shall be treated to levels acceptable to meet the

requirements of Chapter 62-610 Fl01ida Administrative Code and Florida Department of Environmental Protection requirements for irrigation on lands for public access

3

gtR BOOK 4399 PAGE NlMBER 888 INSTR 2678161 PAGE 4 OF 36

s VOLUME OF WATER DELIVERY SCHEDULE DISTRICT will deliver reclaimed water and the USER shall accept and use a volume of gallons

of reclaimed water per day in accordance with the conditions established in EXHIBIT B The DISTRICT will install appropriate meters at the Point of Delivery in accordance with its Policies and water rates and fees schedule (Tariff)

6 POINTS OF DELIVERY A The Point(s) of Delivery of reclaimed water from the DISTRICT to the USER is

immediately downstream of the meter DISTRICT shall own operate and maintain the reclaimed water distribution system upstream of the Point(s) of Delivery The USER shall own operate and maintain all works downstream of the Point(s) of Delivery including a pressure sustaining valve

B USER shall provide in a manner approved by the appropriate regulatory agencies a positive check-valve and pressure sustaining valve between the reclaimed water inigation system and the discharge pipe to the receiving lake The cost of such check-valve and pressure sustaining valve and their installation shall be borne by the USER and the complete operation of the check-valve and pressure sustaining valve shall be the responsibility of the USER

C It shall be the USERs responsibility to construct all lines meters valves etc necessary to extend reclaimed water lines from existing DISTRICT facilities beyond the point of delivery

7 DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS A Adverse weather conditions or unforeseen circumstances may necessitate modification

of the normal delivery schedule

B Both parties recognize that adverse weather conditions or unforeseen circumstances may result in a need for reclaimed water greater than the volume set forth in EXHIBIT B Each user shall have the right to draw additional water subject to availability of reclaimed water supplies During any period in which more than one user exercises the right to draw additional reclaimed water the DISTRICT will furnish water if available as the transmission and delivery systems are capable of handling During those periods in which multiple users request additional water and DISTRICT is not able to provide the total amount requested to all users each user shall receive said additional water if any on a basis as determined by DISTRICT in its sole discretion

C If the DISTRICTS transmission or distribution system fails for reasons or events beyond the DISTRICTS control then delivery of reclaimed water under the requirements of this Agreement may be inten-upted or limited in quantity Reasons or events beyond the DISTRICTS control for purposes of this Agreement shall include but shall not be limited to broken mains lack of electricity force majeure contamination of the reclaimed water making it unsuitable for distribution based on local state or federal law or an act of God

8 EMERGENCY SITUATIONS The DISTRICT shall not be held liable to the USER for failure to deliver reclaimed water if an

emergency situation preventing such delivery exists Emergency for purposes of this section shall be defined as an event beyond the control of DISTRICT preventing delivery of adequate reclaimed water Emergency shall include but shall not be limited to broken mains lack of electricity force majeure contamination of the reclaimed water making it unsuitable for distribution based on local state or federal law or an act of God

4


9 TERMINATION OR ASSIGNMENT A During the initial tenn of this Agreement the USER may terminate its obligations

under this Agreement upon two (2) years advance written notice to the DISTRICT without incurring any penalty In the event that USER terminates this Agreement without giving at least two (2) years advance written notice to the DISTRICT USER shall be liable for all reasonable and actual costs and expenses that the DISTRICT may incur for obtaining an alternate method of disposal of that portion of the effluent not taken as the result of the USERs early tennination unless such tennination is mandated by a local state or federal regulatory agency For purposes of this section said costs and expenses shall in no event exceed $100000 This section shall not be construed to limit USERs right to tenninate this Agreement in accordance with Section 2 above without incurring any penalty

B The DISTRICT shall have the right to suspend DISTRICTS performance obligation under this Agreement if said performance is prevented by third-party litigation or any other event beyond the control of the DISTRICT (as defined in section 7C above)

C The DISTRICT shall have the right to transfer all or any part of the treatment or distribution facilities to others and to assign all or any part of its rights and obligations under this Agreement to others without the consent of USER

D USER shall have the right to assign its rights and obligations under this Agreement to a not-for-profit property owners association (the POA) that owns or operates the golf course In the event that USER assigns its rights and obligations under this Agreement to the POA it shall notify the DISTRICT by providing DISTRICT a copy of the assignment and USER shall be released from its obligations hereunder

10 EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement local state or federal governments or

agencies shall fail to issue necessary permits grant necessary approvals or shall require any change in the operation of the treatment transmission and distribution systems or the application and use of reclaimed water then to the extent that such requirements shall affect the ability of the DISTRICT to perform any of the terms of this Agreement the DISTRICT shall be excused from the performance thereof and a new Agreement shall be negotiated by the parties hereto in conformity with such permits approvals or requirements

11 TRANSFER QR MODIFICATION OF USERS COMMITMENT The USERS right to sell transfer or encumber the land described in EXHIBIT C shall not be

restricted by this Agreement except that USER must provide DISTRICT with advance written notice of any proposed sale or transfer at the address noted in Section 20 herein Prior to the sale or transfer the buyer or transferee shall execute and deliver to the DISTRICT an acknowledgement and acceptance of the USERS commitment under the same terms and conditions of this Agreement In effect this Agreement shall run with the land and as such shall be properly filed in the Public Records of Charlotte County Florida

12 INDEMNIFICA TIQN A To the extent allowed by applicable law from time to time and without waiving the

provisions of Section 76828 Florida Statutes the DISTRICT will be liable for money damages in tort for any injuries to or losses of property personal injury or death caused by the negligent or wrongful

5


act(s) or omission(s) of any official or employee of the DISTRICT while acting within the scope of the officials or employees office or employment under circumstances in which a private person would be held to be liable in accordance with the general laws of the State of Floiida

B Any liability of the DISTRICT pursuant to section 12A above shall be conditioned upon USERS compliance with all regulatory agency requirements and regulations for the use of the reclaimed water from the point of the USERS control provided that USERS noncompliance with said regulations is the proximate cause of the alleged injury illness or disease to persons or property

C The USER shall save and hold harmless and indemnify DISTRICT its board of governors officers staff agents representatives servants and employees insofar as it legally may from all claims costs penalties damages and expenses (including attorneys fees) arising out of the following

1 Claims related to the USERS construction erection location operation maintenance repair installation replacement or removal of that part of the system owned by the USER for efficient disposal and reuse

2 Claims arising out of USERS negligence or omissions upon any areas controlled by DISTRICT that are contained within USERS property or claims arising out of USERS negligence or omissions within an area controlled operated or maintained by USER

3 Claims or demands that the use of the reclaimed inigation water by the USER in the manner set forth in this Agreement constitutes a nuisance or is in violation of Statutes or regulations within or upon any areas controlled operated or maintained by USER

13 RIGHT TO SET RATES FEES AND CHARGES Nothing in this Agreement shall be construed as affecting in any way DISTRICTS light and

obligation to set fees rates and charges and its authority to regulate the delivery storage use or spraying of effluent DISTRICT specifically and without limitation reserves the right to set rates fees and charges for the provision of treated effluent in accordance with the authority vested in DISTRICT and in accordance with the rules regulations and procedures prescribed for DISTRICT under the Laws of Florida

14 CHARGES AND RELATED CONSIDERATIONS The DISTRICT will charge the USER monthly for the number of gallons used at the cmTent bulk

rate per 1000 gallons as set forth in the DISTRICTS tariff as set forth on Exhibit D attached to this Agreement or as otherwise provided in written c01Tespondence from DISTRICT Payment shall be made to the DISTRICT as set fo1ih in the DISTRICTS policies Any future increase in the bulk rate shall only be effective as to the USER if such increase in the bulk rate is unifonnly applied to all bulk rate users within the District

1s ACCESS A The DISTRICT shall have the right at any reasonable time without any p1ior notice to

the USER to enter upon the property of the USER to review and inspect the practices of the USER with respect to conditions agreed to herein to include compliance with any and all local state and federal regulatory agencies The USER shall have the option of having a representative accompany the DISTRICT personnel during any and all inspections

6


B Unannounced entry shall be pennitted for any purpose including but not limited to the purpose of meter reads and inspection of DISTRICT owned mains and appurtenances and for sampling at any monitoring wells located on the prope11y of the USER

C All such on-site monitoring will be at DISTRICTS expense

16 DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the fonnal parties hereto and no right or cause of

action shall accrue upon or by reason hereof to or the benefit of any third party not a formal party hereto

17 SEVERABILITY If any part of this Agreement is found invalid or unenforceable by any court such invalidity or

unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the pm1ies can continue to be affected To that end this Agreement is declared to be severable

1s LAND USE APPROVALS This Agreement shall not be construed as a basis for (1) granting assuring or indicating or (2)

denying refusing to grant or preventing any future grant of land use or zoning approvals permissions vmiances special exceptions or rights with respect to the real property in the irrigated area

19 APPLICABLE LAW This Agreement and the provisions contained herein shall be construed controlled and

interpreted according to the laws of the State of Florida

20 NOTICES All notices required or authorized under this Agreement shall be given in writing and shall be

served by mail on the parties at the addresses below

DISTRICT Babcock Ranch Community Independent Special District 2300 Glades Road Suite 410w Boca Raton Florida 33431 Attn Craig Wrathell

With a copy to Hopping Green amp Sams PA 119 South Monroe Street Suite 300 Tallahassee Florida 32301 Attn Jonathan T Johnson

USER Lennar Homes LLC 10481 Ben C PrattSix Mile Cypress Parkway Fort Myers Florida 33966 Attn Darin McMurray

7

gtR BOOK 4399 PAGE NUMBER 892 INSTR 2678161 PAGE 8 OF 36

With a copy to LENNAR CORPORATION 700 NW 107th Avenue- 4th Floor Miami Florida 33172 Attn General Counsel

With a copy to Bolanos Truxon PA 12800 University Drive Suite 350 Fort Myers Florida 33907 Attn Gregg S Truxton

21 EXHIBITS AND ADDENDUMS This Agreement incorporates the following exhibits and addendums which are specifically made

part of this Agreement

Exhibit A Form of Delivery and Use of Reclaimed Water Easement

Exhibit B Contract Conditions

Exhibit C Map Depicting Preliminary Area Being Served by Effluent

Exhibit D Tariff Schedule

IN WITNESS WHEREOF this AGREEMENT with its attached Exhibits andor Addendums constitutes the entire Agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been executed by the authmized representative of each party on the date written herein Modifications to and waivers of the provisions herein shall be made in wliting by the parties hereto

[Signatures on following pages]

8

8


Witness BABCOCK RANCH COMIUJNITY INDEPENDENT SPECIAL DISTRICT

Secretary Chairman Boar7 of Governors

STATE OF FLORIDA ) )

COUNTY OF___ ) IThe foregoing instrument was acknowledged before ne this ___day of ___ 2019 by

Gary Nelson as Chaimian of the Governing Board of Babpock Ranch Community Independent Special District for and on behalf of the District He [ ] is personrly known to me or [ ] produced _______as identification

INOTARY STAMP

me ofNotary Public

By bull

Name Pdn_tef _tJ_~_f_~_lf_J_lf~-+--Title V bull ~-


COUNTYOF Lff )

~

WI The ~f~menraquoas aclmowledged before me this ~ day oflJl)uft(2019 by 1~ Ufmicro 111J asJ I~ fftBr ~ of Lennar Homes LLC for and on

behalf of said company SHeMis personally known to me or [ ] produced---___as identification

NOTARY STAMP

Gall Lucas Si ~iiillill- NOTARY PUBLIC

6STATE OF FLORIDA iii Comm FF964336

Printed Name ofNotary PublicrcE lil ~ Expires 4272020 9

9

----

I -

OR BOOK 4399 PAGE NUMBER 89-t INSTR 2678161 PAGE 10 OF 36

Witness BABCOCK RANCH COMMUNITY INDEPENDENT S E DISTRICT

I

ovemors

)

~J- -The foregoing instrument was acknowledged before me this 0 day of J]r)ilry 2019

by Gary Nelson as Chairman of the Governing Board of Babcock Ranch Communityndependent Special District for and on behalf of the District He rfa is personally known to me or [ ] produced

as identification

ORIDA ) )

COUNTY oFChoAoHe

tlt~tfigt~ERBONE eOMMISSON FF957443

EXPIRES February 04 2020 Signature of Notary Public FloridAlora SoltVkaroomiddot

Printed Name of Notary Public

Witness [INSERT USER INFORMATION]

By _____________

Name Printed ___________

Title ______________


COUNTY OF )

The foregoing instrument was acknowledged before me this_ day of ______2019 by ---------~ as__________of_____ for and on behalf of said company SHe [ ] is personally known to me or [] produced________as identification

NOTARY STAMP

Signature ofNotary Public

I I


9


Exhibit A Form of Easement

Prepared by and return to Jonathan T Johnson Esq Hopping Green amp Sams PA 119 S Monroe Street Suite 300 Tallahassee Florida 32301

SPACE ABOVE THIS LINE IS FOR RECORDERS USE ONLY

NON-EXCLUSIVE UTILITY EASEMENT (Reclaimed Effluent Water Irrigation)

TIDS NON-EXCLUSIVE UTILITY EASEMENT (the Utility Easement) is made this___day of 2019 by and between __________ a ______ whose address is_______________hereinafter refeffed lo as Grantor or the Developer and BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT a unit of special purpose local government located in Charlotte and Lee Counties Florida whose address is co District Manager 2300 Glades Rd -Suite 410W Boca Raton FL 33431 (the Grantee or District)

WHEREAS the District was established by House Bill 1515 as codified in Chapter 2007-306 Laws of Florida (the Babcock Ranch Community Independent Special District Act or Act) and is validly existing under the Constitution and laws of the State of Florida and

WHEREAS the Act authorizes the Distdct to own plan finance canstmet install operate andor maintain ce1tain infrastructure including but not limited to potable water distribution sewerwastewater collection iffigation and reuse facilities within the boundaries of the District and

WHEREAS the Developer owns the real property described in Exhibit A attached hereto and incorporated herein by this reference (the Easement Area) which is situated entirely within the District and Charlotte County Florida and

WHEREAS Grantor desires to grant to Grantee its successors and assigns easements with respect to the Easement Area for the purpose to own plan finance construct install operate andor maintain certain infrastructure including but not limited to reuse facilities within the boundaries of the District and Grantee desires to accept such grant

NOW THEREFORE in consideration of the sum of Ten Dollars ($1000) and other good and valuable consideration paid by Grantee to Grantor the mutual covenants promises and conditions contained herein and other good and valuable consideration the adequacy and sufficiency of said consideration having been acknowledged by both parties the parties for themselves their successors and assigns covenant and agree as follows

OR BOOK 4399 PAGE NuMBER 896 INSTR 2678161 PAGE 12 OF 36

1 RECITALS The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Utility Easement

2 GRANT OF EASEMENT That Grantor grants bargains and sells unto Grantee its successors and assigns a perpetual non-exclusive easement which grants to Grantee the perpetual right to enter upon the Easement Area for the purpose to own plan finance constmct install operate andor maintain reuse facilities within the boundaries of the District within and under the Easement Area as more particularly described in Exhibit A attached hereto and made a part hereof Grantee hereby accepts this Utility Easement and agrees to be bound by the tenns set forth herein The Grantee shall have the 1ight at any reasonable time without any prior notice to the Grantor to enter upon the prope1ty of the Grantor to review and inspect the practices of the Grantor with respect to conditions agreed to in the Agreement for the Delivery and Use of Reclaimed Effluent Water (the Reclaimed Water Agreement) dated ___ and recorded in the official records of Charlotte County at____________ including compliance with any and all local state and federal regulatory agencies Unannounced entry shall be permitted for any purpose including but not limited to the purpose of meter reads and inspection of Grantee owned mains and appurtenances and for sampling at any monitoring wells located within the Easement Area The Point of Delivery (as defined in the Reclaimed Water Agreement) is identified in Exhibit B attached hereto and made a part hereof

3 INDEMNIFICATION Grantor agrees to indemnify defend and hold Grantee harmless from and against any and all damages losses or claims including but not limited to legal fees and expenses to the extent that such damages losses or claims are attributable to actions omissions or negligence in the use of the Easement Area by Grantor its agents employees invitees or independent contractors Grantee agrees to indemnify defend and hold Grantor harmless from and against any and all damages losses or claims including but not limited to legal fees costs and expenses for tlial alternative dispute resolution or appellate proceedings to the extent that such damages losses or claims are attributable to actions omissions or negligence in the use of the Easement Area by Grantee its agents employees invitees or independent contractors

4 NO WAIVER OF SOVEREIGN IMMUNITY Nothing herein shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability that may have been adopted by the Florida Legislature in Section 76828 Florida Statutes or other statute and nothing herein shall inure to the benefit of any third party for the purpose of allowing any claim that would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law

5 INCONSISTENT USE Grantor agrees and covenants that it shall not grant or exercise any rights in the property inconsistent with or which interfere with the rights herein accorded to Grantee Grantor shall be free to make any use of the property which is consistent with Grantees intended use


11


7 MODIFICATION WAIVER No modification tennination or amendment of this Utility Easement Agreement may be made except by written agreement between the pmties No failure by any person or entity now or hereafter bound by this Utility Easement to insist upon the strict perf01mance of any covenant duty agreement or condition of this Utility Easement or to exercise any right or remedy upon a breach of this Utility Easement shall constitute a waiver of any such breach or of such covenant agreement term or condition Any person or entity now or hereafter bound by any provision of this Utility Easement may but shall be under no obligation to waive any of its rights or any conditions to its obligations hereunder or any duty obligation or covenant of any other party hereto provided however that such waiver must be affected by a written instrument signed by the waiving party

8 ATTORJ~EYS FEES In the event that either Grantor or Grantee seeks to enforce this Utility Easement by court proceedings or otherwise then the prevailing pmty shall be entitled to recover all fees and costs incurred including reasonable attorneys fees and costs for trial alternative dispute resolution or appellate proceedings

9 NOTICES Any notice demand consent authorization request approval or other communication that any party is required or may desire to give to or make upon the other party pursuant to this Utility Easement shall be effective and valid only if in writing signed by the party giving notice and delivered personally to the other parties or sent by express 24-hour guaranteed courier or delivery service or by certified mail of the United States Postal Service postage prepaid and return receipt requested addressed to the other party as follows ( or to such other place as m1y pmty may by notice to the others specify)

To Grantor Lennm- Homes LLC 10481 Ben C Pratt Six Mile Cypress Parkway Fort Myers FL 33966 Attn Darin McMtmay

With a copy to Lennar Corporation 700 NW 107th Avenue-4th Floor Miami FL 33172 Attn General Counsel

With a copy to Bolanos Truxon PA 12800 University Drive Suite 350 Fort Myers FL 33907 Attn Gregg S Truxton

To the District Babcock Ranch Community Independent Special District 2300 Glades Rd - Suite 410W Boca Raton FL 33431 Attn Craig Wrathell District Manager

12


With a copy to Hopping Green amp Sams PA 119 South Monroe Street (32301) Post Office Box 6526 Tallahassee FL 32314 Attn Jonathan Johnson


10 THIRD PARTIES This Utility Easement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason to or for the benefit of any third party not a formal party to this Utility Easement Nothing in this Utility Easement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right remedy or claim under or by reason of this Utility Easement or any of the provisions or conditions hereof The District shall be solely responsible for enforcing its rights under this Utility Easement against any interfering third party Nothing contained in this Utility Easement shall limit or impair the Districts right to protect its rights from interference by a third pmty

11 ASSIGNMENT Neither pmty may assign transfer or license all or any portion of its rights under this Utility Easement without the prior wriUen consent of the other pmmiddotty Any assignments attempted to be made by any party without the prior written approval of the other pmty arc void Notwithstanding the foregoing any sale or transfer of any portion of the property by Grantor which sale or transfer is made subject to this Utility Easement shall not require the approval or consent of any party

12 TERMINATION This Utility Easement shall automatically terminate upon any termination of the Reclaimed Water Agreement by either party thereto in accordance with the provisions thereof While this provision is intended to be self-operative upon a te1mination of the Reclaimed Water Agreement upon the request of either party the other pmty shall execute and record in the Public Records of Chmfotte County Florida a termination of this Utility Easement in a form reasonably acceptable to the requesting pmty

13 CONTROLLING LAW This Utility Easement shall be construed interpreted and controlled according to the laws of the County of Chmfotte State of Florida without reference to any provision of Florida law which would select the laws of another jmisdiction Venue of any proceeding related to this Utility Easement shall be exclusively in the approp1iate Florida court of the Twentieth Judicial Circuit located in Charlotte County Florida

14 PUBLIC RECORDS Grantor understands and agrees that all documents of any kind provided to the District or to District staff in connection with this Utility Easement are public records and are to be treated as such in accordance with Florida law

13


15 SEVERABILITY If any term covenant condition or provision of this Utility Easement or the application thereof to any person entity or circumstance shall at any time or to any extent be held to be invalid or unenforceable the remainder of this Utility Easement or the application of such term or provision to persons entities or circumstances other than those in which it is held invalid or unenforceable shall not be affected thereby and each remaining provision of this Utility Easement shall be valid andor enforceable to the fullest extent permitted bylaw







[SIGNATURES BEGIN ON THE FOLLOWING PAGE]

14

---------

JR BOOK 4399 PAGE NUMBER 900 INSTR 2678161 PAGE 16 OF 36

IN WITNESS WHEREOF Grantor has hereunto set its hand and seal the day and year first above w1itten

GRANTOR

LENNAR HOMES LLC

Witnesses

Printed Name Title

Print Name

Print Name _________

STATE OF ________ COUNTY OF --------

The foregoing instrument was acknowledged before me this__day of______ 2019 by ______________as__________of_Lennar Homes LLC a Florida Limited Liability Company on behalf of the company

Signature of Notary Public (SEAL)

Name of Notary Public (Typed Printed or Stamped)

Personally Known ____OR Produced Identification ______

Type of Identification Produced ____________

15

--------- ---------

OR BOOK 4399 PAGE Nl-MBER 901 INSTR 2678161 PAGE 17 OF 36

GRANTEEDISTRICT

BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT a unit of special purpose local government located in Charlotte and Lee Counties Florida

Witnesses

By ------------shy

Print Name Printed Name

Title Chairperson Board of Supervisors

Print Name ---------

STATE OF FLORIDA COUNTY OF _____

The foregoing instrument was acknowledged before me this___day of ______ 2019 by _________________as _______

_____ of the Babcock Ranch Community Independent Special District a unit of special purpose local government located in Charlotte and Lee Counties Flolida on its behalf



Personally Known ____OR Produced Identification ______ Type of Identification Produced _______________________

16

)R BOOK 4399 PAGE NUMBER 902 INSTR 2678161 PAGE 18 OF 36

Exhibit A (Legal Description of the Easement Area)

17


Exhibit B (Depiction of Point of Delivery)

18


EXHIBITB CONTRACT CONDITIONS

l Location of Distribution Point(s) and Property a USER shall provide the location of the distribution point (or Point of Delivery) to the

meter station where the DISTRICT is to deliver the reclaimed water upon final design by the USER and approval by the DISTRICT Upon receipt of DISTRICT approval the location shall be included as an addendum to this Agreement

b The property to receive reclaimed water is preliminarily depicted in EXHIBIT C of the Agreement USER shall provide a legal description of the property to receive reclaimed water upon final design by USER as approved by the DISTRICT

2 Quantity of Reclaimed Water DISTRICT will make available to USER one million two hundred thousand gallons per

day (1200000 GPD) in accordance with this Agreement USER shall accept a minimum monthly average flow of 0277 million gallons per day (277000 GPD) of reclaimed water determined on a quarterly basis (the Daily Minimum Availability) USER will be charged monthly for the Daily Minimum Availability regardless of whether a lesser amount is used or provided Availability of the reclaimed water shall be determined by DISTRICT in its sole discretion based upon flow into the treatment facility quality of the reclaimed water andor p1iority level as established in the Agreement

In the event USER uses more than the Daily Minimum Availability in any given month dming a particular qumter then any such overage shall be applied to the other months in the quarter and act to reduce the Daily Minimum Availability required to be purchased by USER during those months in the following quarter In no event shall USER purchase fewer than one hundred and one million one hundred and five thousand (101105000) gallons in the twelve (12) calendmmiddot months following the anniversary of the golf course opening date

DISTRICTS obligation to make the reclaimed water available to USER shall commence upon the later of (i) DISTRICTS completion of construction of its portion of the reclaimed water system or (ii) five (5) days after USERS request for reclaimed water availability It is the parties understanding that USER will need reclaimed water availability during the golf course grow-in period prior to the golf course opening However the Daily Minimum Availability requirement and the quarterly determination shall not commence until the golf course is opened for commencement of play

3 Operation and Maintenance Practices The USER will apply reclaimed water in accordance with all appropriate local state and federal

rules and regulations Reclaimed water inigation systems shall protect human health and the environment which includes but is not limited to the following

a Appropriate warning signs shall be posted around the sites utilizing reclaimed water by the USER to designate the nature of the water and its non-potability

b The USER will also take all reasonable precautions including signs and labeling to clearly identify reclaimed water systems to prevent inadvertent human consumption

19


c The USER shall ensure that no inter-connections are made between the reclaimed water system and other water systems

4 DISTRICT shall have the right to conduct soil borings and locate monitoring wells at the perimeter of the property in areas agreeable to the USER so as to not interfere with USERS operations These monitoring wells shall be installed and sampled at periodic intervals by the DISTRICT at the DISTRICTS expense

5 At no time shall the USER cause the system pressure before the point of delivery to be less than sixty (60) PSI If used to fill a pond the USER must install operate and maintain an adjustable pressure sustaining valve for this purpose

6 Cost Allocation a All costs for operating and maintaining the USERS irrigation distribution system shall be

exclusively paid by the USER

20

[)R BOOK 4399 PAGE NUMBER 906 INSTR 2678161 PAGE 22 OF 36

EXHIBIT c

MAP DEPICTING PRELIMINARY AREA TO BE SERVED BY EFFLUENT

21


KimleyraquogtHorn

22


EXHIBITD TARIFF SCHEDULE

23


POTABLE WATER WASTEWATER AND IRRIGATION QUALITY WATER RATES AND FEES SCHEDULE1

1 Effective November 15 2018

24


A INITIAL FEES - CONNECTION FEES DEPOSIT FEES TAP IN ROAD PUSH

The below fees and rates are applicable to all Customers of the Utility at the time of an initial connection to the Utility System depending on whether residential or non-residential

Please consult the ERC Calculation Tool for an approximate ERC calculation Final ERC calculation and meter sizing will be determined by the District

Residential Account Set Up Fee

Potable Water Connection Fee Meter Installation Fee

frac34 l 1frac12 2 Greater than 2

Customer Deposit Tap In Fee (if service not cutTently available)

Road Push (if service not cun-ently available at prope11y lineJ

Private Fire Protection (if separate meterconnection)

Connection Fee (based upon fire flow)

0-50GPM 51-lOOGPM 101-150 GPM 151-300 GPM 301-500 GPM 501-750 GPM 751-1000 GPM 1001-1500 GPM 1501-3000 GPM 3001-4500 GPM

Meter Installation Fee frac34 l lfrac12 2 Greater than 2

Customer Deposit Tap In Fee (if service not cmrently available)

Road Push (if service not cmTently available at propelty lineJ

Wastewater Connection Fee Customer Deposit Tap In Fee (if service not cuTently available)

Road Push (if service not cturnntly available at property line)

$3090

$245346 (per calculated of ERC)

$48719 $58916 $140080 $155633 Actual Cost $7416 $1442 (or at cost whichever is greater)

$2266 (or at cost whichever is greater)

$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448

$48719 $58916 $140080 $155633 Actual Cost $7416 $1442 ( or at cost whichever is greater)


$257603 (per calculated ERC)

$9579 $1442 (or at cost whichever is greater)


25

OR BOOK 4399 PAGE NlMBER 911 INSTR 2678161 PAGE 27 OF 36

26


Irrigation Water Connection Fee Meter Installation Fee

frac34 l lfrac12 2 Greater than 2

Customer Deposit Tap In Fee (if service not currently available)

Road Push (if service not currently available at property line)

Non-Residential

Account Set Up Fee



Customer Deposit

Tap ln Fee (if service not currently availahle)

Road Push (if service not currently available m property line)


Connection Fee (based upon fire flow) 0-50 GPM 51-100 GPM 101-150 GPM 151-300 GPM 301-500 GPM 501-750 GPM 751-1000 GPM 1001-1500 GPM 1501-3000 GPM 3001-4500 GPM

Meter Installation Fee frac34 1 1frac12 2 Greater than 2


Road Push (if service not currently available ac property line)

27

$193949 (per connection regardless of meter size)



$3090


$48719 $58916 $140080 $155633 Actual Cost

Two times estimated monthly charge (not less d1an residential fee)

$1442 ( or at cost whichever is greater)


$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448



OR BOOK 4399 PAGE NlJMBER 913 INSTR 2678161 PAGE 29 OF 36

Wastewater Connection Fee Customer Deposit

Tap In Fee (if service not currently available)


Inigation Water Connection Fee Meter Installation Fee


Customer Deposit




Two times estimated monthly charge (not less than residential fee)




$48719 $58916 $140080 $155633 Actual Cost Two times estimated monthly charge (not less than residential fee)



28


B MONTHLY USE AND COMMODITY FEES WATER WASTEWATER AND IRRIGATION

Residential - Applicable to single-family Customers or multi-family Customers which are individually metered

Water Monthly Base Facility Charge (based upon meter size)

frac34 l lfrac12 2 Over 2

Commodity Charge 0 to 5000 gallons 5001 gallons and above

Private Fire Protection Service2

Monthly Base Facility Charge 2 or less 3 4 6 8

Commodity Charge

Wastewater Monthly Base Facility Chmmiddotge Commodity Chmge

Inigation3

Monthly Base Facility Charge (all meters)

Commodity Charge

$2506 $6265 $12530 $19739 of ERCs times S2506

$497 per 1000 gallons


$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$520 (per 1000 gallons to max 10000 gallons)

$829 $249 (per l000 gallons)

2 In the event that a new single-family Customer requests a meter up-sizing to support a fire sprinkler system for a residence then the Customer will be required to pay for the cost of the meter to be installed T11e Customer will be required to pay Base Pacility Charges based on the size of meter installed The Customer must also install t reduced pressure backflow prevention device on the fire sprinkler line The backflow prevention device shall be registered with the District TI1e Customer will be required to perform annual inspections of the backtlow prevention device and provide certified inspection reports to the Utility If a Customer has only a single meter that also provides Private Fire Protection Service then potable waler charges apply subject to the meter size as detailed in the prior paragraph If a Customer has a separate meter for the Private Fire Protection Service Customer will pay according to both meters ie a monthly potable water facility charge und a monthly Private Fire Protection Service facility charge

3 Customers shall not have private irrigation wells nor utilize lakepond water for irrigation purposes

29


Multi-Familv Residential - Applicable to multi-family Customers and mobile home park Customers which are being served by a master meter

Water Monthly Base Facility Charge Commodity Charge

0 to 5000 gallons 5001 gallons and above

Private Fire Protection Service Monthly Base Facility Charge

2 or less 3 4 6 8

Commodity Charge

Wastewater Monthly Base Facility Charge Commodity Charge

Irrigation3 Monthly Base Facility Charge (all meters)

Commodity Charge

$2506 (per each unit in the building)


$7 26 per 1000 gallons

$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$520 (per 1000 gallons to max 10000 gallons per unit in building)

$829 $249 (per 1000 gallons)

30


Non-Residential - Applicable to non-residential commercial industrial office civic mixed use master meter or other Customers for which no other rate schedule applies

Water Monthly Base Facility Charge

frac34 I Ifrac12 2 Over 2



2 or less 3 4 6 8

Commodity Chmmiddotge


Inigation3 Monthly Base Facility Charge (all meters)

Commodity Chmmiddotge Reuse on a Bulle Basis (Golf Course Only)

RawWater4 Monthly Base Facility Charge Commodity Charge

$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$613 (no maximum)

$829 $249 (per 1000 gallons)

$055 (per 1000 gallons)

$2055 $265 per 1000 gallons

4 Several Customers were grandfathered in before the adoption of this Rate and Fees Schedule and have their own raw water well In those limited circumstm1ces the raw water rates apply Upon redevelopment of the respective parcel the well shall be abandoned and capped and said Customer shall thereafter only acquire potable water tlumiddotough the Distict in accordance with the Districts Policies and cun-ent Rate and Fee Schedule

31


C MISCELLANEOUS FEES

Violation of District policies may lead to discontinuation of Utility Service assessment of fees and fines as well as inspection charges and fees to reconnect services once the violation has been resolved Any work performed between 300PM and 800AM shall be considered after normal working hours

Disconnection of Services Normal disconnect working hours Normal disconnect after working hours Due to Violation Premise Visit in Lieu of disconnection

Reconnection of Services Normal reconnect during working hours Normal reconnect after working hours Due to Violation

Late Payment (up ro $133 past due)

Late Payment (greater thau $133 past due)

Returned Checks

Customer Account Transfer Fee Unauthorized Water Use Fine Unauthorized Tampering5

Single-Family Multi-Family Non-residential Fire suppression hydrant fire line

Inspection Fee (Developer)

Re-Inspection Fee Plan Review Fee Development Project Admin Fee Administrative Fee6

Copy of Check Fee Document Recording Fee Temporary Construction Water (lt2)

Fire Flow Test Request for Meter Test (up to 1 frac12) Request for Meter Test (2 and above) Backflow Prevention Cross-Connection

$3090 $6180 $6180 plus violation fine

$3090 ($6000 after normal working hours)

$4635 $5665 $61 80 plus violation fine

$200 15 of past due amount

$2575 (Face Value lt$5000)


$4120 (Face Value =gt$300 or 5 whichever is greater)

$2575 $5150 per violation per day

$25750 $51500 $103000 $51500

1 of Construction Cost (min $50000)

$51500 1 of Constmction Cost (min $75000J

05 of Constrnction Cost (min $25000)

See Footnote $515 $1030 first page $876 each additional page

$30900 Deposit and $497 per 1000 gallons

$15450 $7210 Actual cost Actual cost plus Administrative Fee

Actual cost plus Administrative Fee

5 Tampering includes unauthorized conuections or disconnections to potable water wastewater or irrigation water linesservices 6 Actual cost of legal engineering and administrative services for preparation aud administration of a Developer Agreement a minimum of $25000 of which is due upon execution of agreement

32


Service Policy Related Fees $3605 per visit

Non-Compliant Inigation System Fine $5150 to $15450 per day as determined by District

Non-Compliant lndusttial Discharge Fine $5150 to $15450 per day as determined by District

Grease Trap Inspections Actual Cost plus Administrative Fee

Grease Trap Violations (within JO year period)

(1st OccmTence) $20600 + Damages and Administrative Fees

(2nd OccmTence) $41200 + Damages and Administrative lces

(3rc1 Occurrence) $61800 + Damages and Administrative Fees

(4th OccmTence) Service Disconnection Lien Search Request Fee $50

The District reserves the right to impose additional fees for the following to the extent not covered above

Labor Classification Regular Working After Working Hours Hours

Unskilled Laborer $6180hour $9270hour

Plant System Operator (Class A) $77 25hour $11330hour

Plant System Operator (Class B) $7210hour $10815hour

Plant System Operator (Class C) $6695hour $10043hour

Skilled Maintenance $6695hour $10043hour

Foreman $7210hour $10815hour

Manager $10815hour $11845hour

$7210hour $10815hourElectrician

Controls Technician $77 25hour $11588hour Adrninistrati ve $60hour $90hour

Equipment Type Regular Working After Working Hours Hours

Backhoe with Operator $12875hour NA

Loader with Operator $12875hour NA

Track-hoe with Operator $18025hour NA

Dump Trnck with Operator $103hour NA

Utility V chicle with Operator $6695hour NA

Flat Bed Truck with Operator $8755hour NA

Portable Pump ( 4 trash) $3605hour NA

33


Generator (35-45 kw) $412hour NIA

Vactor Tmck with One Operator $231 7 5hour NIA

TV Tmck with Operator $206hour NIA

TVCleaning (min 2000 emergency) $206hour NIA

D INDUSTRIAL DISCHARGE AND APPROVAL FEES

Industrial Wastewater Discharge Approval Application Fee $7725

Transfer Fee $7725

Industrial Wastewater Discharge Approval Annual Fees Flow Rate (per gpd) Minor Significant

Up to 2500 $10300 $23175 2501 to 5000 $18025 $38625 5001 to 10000 $25750 $43775 10001 to 25000 $33475 $59225 25001 to 50000 NA $64375 50001 to 100000 NIA $79825 Over 100000 NIA $84975

High Strength Industrial Wastewater Surcharge Minimum Monthly Charge $1597 Biochemical Oxygen Demand (BOD) $01583 (per pound)

Concentration in excess of 400 mgL

Total Suspended Solids (TSS) $01502 (per pound)


Oil and Grease (OampG) concentration In excess of 50 mgL $01143 (per pound)

Chemical Oxygen Demand (COD) in $01576 (per pound)

Excess of 2 times BOD and greater than 800 mgL

Waste Hauler Charges7

Annual Fee per Hauler $20600 Waste Disposal Fee (normal hours) $5665 per 1000 gallons

Waste Disposal Fee (after hours) $13905 per 1000 gallons

Mixed Load Fee $3605 per 1000 gallons

Violations Process Charge $10300 per appeal

Remediation Actual cost plus $206 handling fee

7 Waste refers to bio-solids wastewater treatment plant effluent disposal septage and bio-diesel References to gallonage refers to per 1000 gallons of truck capacity

34


E NOTES

1 Automatic Cost Escalation In the absence of Board action the Districts rates fees and charges shall be automatically increased without further action three percent (3) per year Upon application of this automatic cost escalation provision the District Manager shall submit to the District Board of Supervisors a report detailing the amount of the escalation and the new rates as revised The Rate Schedule shall be adjusted pursuant to this section as required

2 Utility Cost Pass-Through The Dist1icts rates fees and charges shall be automatically increased without futther action of the Board based upon the implementation of a rate increase to the District Utility System by any utility which provides service to the District or upon implementation or increase of any taxes levied by a governmental authority against the District or upon an increase of costs incurred for water quality wastewater or inigation quality water quality testing required by the Department of Environmental Protection or other unfunded mandates imposed by a controlling governmental agency Upon application of this cost passshythrough provision the District Manager shall submit to the Board of Supervisors a report detailing the amount of the escalation and the new rates as revised The Rate Schedule shall be adjusted pursuant to this section as required

3 Water Use Restriction Surcharge Commodity charges may be adjusted from time to time temporarily by up to twenty five percent (25) to reflect a water use restriction surcharge rate adjustment that may be implemented in response to and for the duration of general water use restrictions imposed by the South Florida Water Management District (SFWMD)

4 Prorations Base Facility Charges will be pro-rated for any partial month of service

5 All returned checks will be subject to a service fee as per Section 83207 Florida Statutes equal to the greater of five percent (5 ) of the face amount of the returned check or $2500 if the face value is less than $5000 $3000 if the face value is greater than $5000 but less than $30000 or $4000 if the face value is greater than $30000

35


SPECIAL DISTRICT

10


INDEPENDENT SPECIAL DISTRICT

FINANCIAL STATEMENTS

UNAUDITED

SEPTEMBER 30 2019

General

Mitigation

Special

Revenue

Debt

Service

Series

2015

Debt

Service

Series

2018

Debt

Service

Series

2018 2B

Debt

Service

Series

2018 3A

Debt

Service

Series

2018 4

Capital

Projects

Series 2015

Capital

Projects

Series 2018

Capital

Projects

Series

2018 2B

Capital

Projects

Series

2018 3A

Capital

Projects

Series

2018 4

ASSETS

Cash - Valley National Bank 0827

Operating 62500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 62500$

Curry Lake Preserve - 24121 - - - - - - - - - - 24121

Phase 2 - 115090 - - - - - - - - - - 115090

Investments - US Bank

Capitalized interest - - - - 92552 1618497 80731 - - - - - 1791780

Revenue - - 503634 86324 - - - - - - - - 589958

Prepayment - - 3997 - - - - - - - - - 3997

Reserve - - 1326150 68375 247641 800716 215679 - - - - - 2658561

Cost of issuance - - - 13698 - - - - - - - - 13698

Master construction - - - - - - - - - 12094558 - - 12094558

Construction - - - - - - - - 4946 79676 - - 84622

Undeposited funds 199808 - - - - - - - - - - - 199808

Assessments receivable off-roll 33750 - 20000 - - - - - - - - - 53750

Due from Developer 407821 - - - - - - - - - - - 407821

Due from other 331 - - - - - - - - - - - 331

Accounts receivable 2465 - - - - - - - - - - - 2465

Due from other funds

Capital projects - series 2015 1713 - - - - - - - - - - - 1713

Prepaid expense 9906 - - - - - - - - - - - 9906

Deposits 940 - - - - - - - - - - - 940

Total assets 719234$ 139211$ 1853781$ 168397$ 340193$ 2419213$ 296410$ -$ 4946$ 12174234$ -$ -$ 18115619$

LIABILITIES

Liabilities

Accounts payable 114971$ 32853$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 147824$

Franchise fee payable 22475 - - - - - - - - - - - 22475

Retainage payable - - - - - - - 51819 - 843172 - - 894991

Due to other funds

General - - - - - - - 1713 - - - - 1713

Utility (enterprise fund) 18407 - - - - - - - - - - - 18407

Developer advance 400000 - - - - - - - - - - - 400000

Total liabilities 555853 32853 - - - - - 53532 - 843172 - - 1485410

DEFERRED INFLOWS OF RESOURCES

Deferred receipts 444036 - 20000 - - - - - - - - - 464036

Total deferred inflows of resources 444036 - 20000 - - - - - - - - - 464036

FUND BALANCES

Nonspendable

Deposits 940 - - - - - - - - - - - 940

Restricted for

Debt service - - 1833781 168397 340193 2419213 296410 - - - - - 5057994

Capital projects - - - - - - - (53532) 4946 11331062 - - 11282476

Unassigned (281595) 106358 - - - - - - - - - - (175237)

Total fund balances (280655) 106358 1833781 168397 340193 2419213 296410 (53532) 4946 11331062 - - 16166173

Total liabilities deferred inflows of resources

and fund balances 719234$ 139211$ 1853781$ 168397$ 340193$ 2419213$ 296410$ -$ 4946$ 12174234$ -$ -$ 18115619$



BALANCE SHEETS

SEPTEMBER 30 2019

Total

Governmental

Funds

Major Funds

1

Current

Month

Year to

Date Budget

of

Budget

REVENUES

Assessment levy on-roll -$ 284134$ 141321$ 201

Assessment levy off-roll - 167250 339750 49

Lot closings 5250 49875 - NA

Developer contributions 196913 1040261 2377577 44

Franchise fees collected - gas 654 3189 1380 231

Franchise fees collected - electric 3594 27336 18000 152

Cost share - landscape - 5837 - NA

Cost share - security 11647 98525 103482 95

Cost share - bushhog mowing - - 150000 0

Site line amp grade review 38147 302835 30000 1009

Insurance proceeds - 29683 - NA

Interest amp miscellaneous - 100 - NA

Total revenues 256205 2009025 3161510 64

EXPENDITURES

Professional amp administrative

Management 4000 48000 48000 100

Accounting - OampM 708 8500 8500 100

Engineering 8340 58537 22000 266

Engineering - bond validation - 5605 - NA

Engineering - site line amp grade review 1858 184717 30000 616

District counsel 12901 132552 70000 189

District counsel - site line amp grade review 4838 29911 - NA

Utility locating 209 417 - NA

Arbitrage - - 750 0

DSF 2015 accounting amp assmt collections 625 7500 7500 100


DSF 2018 phase 3 accounting amp assmt collections 625 5625 - NA

State infrastructure bank loan methodology - 25000 - NA

Dissemination agent 250 2750 2000 138

Audit - 8000 8000 100

Telephone 21 250 250 100

Postage amp shipping 107 1129 750 151

Legal advertising 123 8797 15000 59

Trustee - series 2015 - 8303 8700 95

Trustee - series 2018 - 4031 5875 69

Office supplies amp check stock 146 1045 500 209

Website - 6278 1800 349

ADA website compliance - 277 - NA

Online processing fee 37 384 - NA

Credit card discount 659 5881 - NA

Dues licenses and fees - 1675 175 957

Real estate taxes - 5993 - NA

Insurance

General liability and POL - 3733 6500 57

Inland marine (property) - 22878 8000 286

Franchise fees - LCEC 1797 13668 9000 152

Franchise fees - FPL 1797 13668 9000 152

Contingency - - 5000 0

Tax collector - 5683 2944 193

Total professional amp administrative 39666 628287 277744 226



STATEMENT OF REVENUES EXPENDITURES

AND CHANGES IN FUND BALANCES

GENERAL FUND

FOR THE PERIOD ENDED SEPTEMBER 30 2019

2

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND


Field operations and maintenance

Safety patrol - night 22994 222515 188929 118

Restroom lease - Founders Square 1533 19929 - NA

Lake maintenance 2706 15230 2400 635

Littoral maintenance 4742 36455 26400 138

Rain garden miantenance - 5192 26400 20

Professional services - field management 35171 201798 137235 147

Professional services - additional staffing - - 36000 0

Landscape - contract 0481 6345 68906 110892 62


Landscape - contract 7908 - 73488 152425 48

Landscape - new area 30564 181025 111100 163

Landscape - additional services 12438 149079 322416 46

Water 1003 14691 1392 1055

Sewer 618 3191 1800 177

Irrigation 7960 73168 25500 287

Irrigation - new area - - 4800 0

Trash pickup - 2225 4032 55

Repairs and maintenance - trails 1960 3920 5000 78

Repairs and maintenance - common area 2555 4685 5000 94

Repairs and maintenance - pumps and lighting 463 10802 5000 216

Repairs and maintenance - landscape other - 13319 25000 53

Repairs and maintenance - irrigation - 5419 18000 30

Repairs and maintenance - sidewalks - - 1000 0

Repairs and maintenance - hardscape - - 1000 0

Repairs and maintenance - painting - 15921 3500 455

Bush hoggingmowing 22844 68387 300325 23

Repairs and maintenance - general - - 4500 0

Landscape improvements - mulching - 62688 496737 13

Landscape enhancements - 5696 61680 9

Porter services - - 317262 0

Porter services - new area - - 17780 0

Street light lease AIS PH1A 4704 56443 56448 100


Street light lease AIS PH1B 5758 69098 69096 100

Street light lease future 11770 50910 69096 74

Street light - FPL 910 10720 18773 57

Road cleaningsweeping 720 720 10470 7

Repairs and maintenance - signage - 9196 2000 460

Work order system 1000 20312 24000 85

REM equipment - 693 5400 13

Mosquito control - - 14592 0

Janitorial (comfort station) 1120 8480 9600 88

3

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND


Fishery study - - 5000 0

Fish stocking - - 5000 0


Hurricane clean-up - - 15000 0

Holiday lighting - 28182 36066 78

Splash pad cleaning - 3350 1000 335

Total field operations amp maintenance 187108 1589203 2883766 55

Total expenditures 226774 2217490 3161510 70

Excess(deficiency) of revenues

over(under) expenditures 29431 (208465) -

Fund balances - beginning (310086) (72190) 123486

Fund balances - ending (280655)$ (280655)$ 123486$

4

Current

Month

Year to

Date

Adopted

Budget

of

Budget

REVENUES -$ -$ -$ NA

Total revenues - - - NA

EXPENDITURES


Panther mitigation plan 32853 126780 60000 211

FPL - Curry Lake Preserve - - 50000 0

FPL - Phase 2 - - 50000 0



over(under) expenditures (32853) (126780) (160000)

Fund balances - beginning 139211 233138 248522

Fund balances - ending 106358$ 106358$ 88522$





MITIGATION - SPECIAL REVENUE FUND


5

Current

Month

Year to

Date Budget

of

Budget

REVENUES


Assessment levy off-roll - - 1022900 0

Interest 311 4983 - NA

Assessments - lot closings - 65000 - NA

Total revenues 311 982322 1328343 74

EXPENDITURES

Debt service

Principal - 325000 325000 100

Interest - 991100 991469 100


Principal prepayments - 15000 - NA

Total debt service - 1349347 1322832 102


over(under) expenditures 311 (367025) 5511

OTHER FINANCING SOURCES(USES)

Transfers (out) - (8215) - NA

Total other financing sources - (8215) - NA

Net change in fund balances 311 (375240) 5511






DEBT SERVICE FUND - SERIES 2015



6

Current

Month

Year to

Date Budget

of

Budget

REVENUES



Total revenues 249 131630 139665 94

EXPENDITURES

Debt service

Interest - 102033 102033 100




over(under) expenditures 249 27020 34722


Transfers in - 8215 - NA


Total other financing sources - 7822 - NA

Net change in fund balances 249 34842 34722









7

Current

Month

Year to

Date

REVENUES

Interest 504$ 5067$

Total revenues 504 5067

EXPENDITURES

Debt service

Interest - 64100

Underwriters discount - 56100

Original issue discount - 39116

Cost of issuance - 55312

Total debt service - 214628


over(under) expenditures 504 (209561)


Transfers out - (682)

Bond proceeds - 550436

Total other financing sources - 549754

Net change in fund balances 504 340193

Fund balances - beginning 339689 -

Fund balances - ending 340193$ 340193$





DEBT SERVICE FUND - SERIES 2018 2B


8

Current

Month

Year to

Date

REVENUES

Interest 3584$ 34215$


EXPENDITURES

Debt service

Interest - 211027


















DEBT SERVICE FUND - SERIES 2018 3A


9

Current

Month

Year to

Date

REVENUES

Interest 439$ 4415$


EXPENDITURES

Debt service

Interest - 55913


















DEBT SERVICE FUND - SERIES 2018 4


10

6

Current

Month

Year to

Date

REVENUES

Developer contributions -$ 1268$

Interest - 47

Total revenues - 1315

EXPENDITURES - -

Total expenditures - -


over(under) expenditures - 1315

Fund balances - beginning (53532) (54847)

Fund balances - ending (53532)$ (53532)$





CAPITAL PROJECTS FUND - SERIES 2015


11

6

Current

Month

Year to

Date

REVENUES


Interest 7 92


EXPENDITURES

Capital outlay - 1500

Total expenditures - 1500


over(under) expenditures 7 1162


Transfers in - 393



Fund balances - beginning 4939 3391








12

6

Current

Month

Year to

Date

REVENUES

Developer contributions 2347838$ 4784488$

Interest 18581 97981


EXPENDITURES

Capital outlay 3016925 8432170

Total expenditures 3016925 8432170


over(under) expenditures (650506) (3549701)


Transfers in - 11691200



Net change in fund balances (650506) 11331062







CAPITAL PROJECTS FUND - SERIES 2018 2B


13

6

Current

Month

Year to

Date

REVENUES

Interest -$ 65654$


EXPENDITURES - -





Transfers (out) - (8938037)


Total other financing sources - (65654)

Net change in fund balances - -

Fund balances - beginning - -

Fund balances - ending -$ -$





CAPITAL PROJECTS FUND - SERIES 2018 3A


14

6

Current

Month

Year to

Date

REVENUES

Interest -$ 19878$


EXPENDITURES - -















CAPITAL PROJECTS FUND - SERIES 2018 4


15

ASSETS Balance

Current assets

Cash - Valley National Bank 4819 - utility 595979$

Cash - Valley National Bank 4819 - solid waste 14117

Accounts receivable 256419

Due from general fund 18407

Total current assets 884922

Noncurrent assets

Total noncurrent assets -

Total assets 884922

LIABILITIES

Current liabilities

Lease payable 3326376

Unearned revenue 276414

Customer deposits 84837

Due to other funds

Due to solid waste 14117

Total current liabilities 3701744

Noncurrent liabilities

Total noncurrent liabilities -

Total liabilities 3701744

NET POSITION

Unrestricted (2816822)

Total net position (2816822)$



STATEMENT OF NET POSITION

UTILITY - ENTERPRISE FUND

SEPTEMBER 30 2019

16

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES

Residential

Water base 11525$ 97026$ 8592$ 1129

Water usage 6292 48706 9340 521

Waste water base 13350 111916 10010 1118

Waste water usage 5351 45094 11775 383

Irrigation base 3895 32250 3498 922

Irrigation usage 7106 66977 22151 302

Connection charges - - 5610 0

Commercial

Water base 2048 23591 14558 162

Water usage 1214 31787 78989 40

Waste water base 381 4219 3670 115




Fire base 226 2707 2636 103

Lot closings

Water connection 56429 676083 378738 179

Sewer connection 59249 707283 397659 178

Irrigation connection 44608 569362 73247 777

Waterirrigation meter set 22411 279946 372644 75

Utilities plan review fee 18149 36556 - NA

Miscellaneous income 12673 54276 55412 98

Late fees 265 2647 4960 53

Total revenues 272285 2887411 1593875 181

OPERATING EXPENSES

Lease - utility 389376 4322137 2371508 182

Insurance - general liability and POL - 9863 16239 61

Excess liability - - 9090 0

Insurance - property coverage - 42187 59000 72

District counsel - 28346 10000 283

Total expenses 389376 4402533 2465837 179

Operating income(loss) (117091) (1515122) (871962)

Total net position - beginning (2699731) (1301700) -

Total net position - ending (2816822)$ (2816822)$ (871962)$



STATEMENT OF REVENUES EXPENSES AND CHANGES IN NET POSITION



17

ASSETS Balance

Current assets

Cash - Valley National Bank 2146 5783$


Due from utility fund 14117


LIABILITIES

Current liabilities

Accounts payable 710







Deferred receipts 4707

Total deferred inflows of resources 4707

NET POSITION






SOLID WASTE - ENTERPRISE FUND

SEPTEMBER 30 2019

18

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES



Developer contribution - 1075 - NA

Collection revenue 7161 76009 57470 132

Recycle collection revenue 3751 29792 10219 292

Total revenues 10912 122431 72540 169

OPERATING EXPENSES

Operations management - - $181667 0

Lease (base pymt $277791 per month) 30025 254624 33335 764


Insurance


Excess liability - 10000 910 1099

Auto liability - - 20570 0



Total expenses 30735 273322 $246012 111


Total net position - beginning (308112) (177044) (3444)







19

BABCOCK RANCH


11

DRAFT

MINUTES OF MEETING 1 BABCOCK RANCH 2

COMMUNITY INDEPENDENT SPECIAL DISTRICT 3 4

The Board of Supervisors of the Babcock Ranch Community Independent Special District 5

held a Regular Meeting on September 26 2019 at 100 pm at 14750 SR 31 Punta Gorda 6

Florida 33982 7

8

Present at the meeting were 9 10 Gary Nelson Chair 11 Kathy Valentine Assistant Secretary 12 Bill Moore Assistant Secretary 13 14 Also present were 15 16 Craig Wrathell District Manager 17 Jonathan Johnson District Counsel 18 Alyssa Willson District Counsel 19 Amy Wicks District Engineer 20 John Broderick Construction Manager 21 Gail Maltese Kitson amp Partners 22 Erica Woods (via telephone) Kitson amp Partners 23 Allen Baum Field Operations Manager 24 25 26

FIRST ORDER OF BUSINESS Call to Order 27 28

Mr Wrathell called the meeting to order at 109 pm 29

30

SECOND ORDER OF BUSINESS Roll Call 31 32

Supervisors Nelson Moore and Valentine were present in person Supervisors Andres 33

and Vander May were not present 34

35

THIRD ORDER OF BUSINESS Public Comments [any members of the 36 public desiring to speak on a specific 37 agenda item may address the Board] 38

39 There being no public comments the next item followed 40

BABCOCK RANCH CISD DRAFT September 26 2019

2

FOURTH ORDER OF BUSINESS Consideration of Resolution 2019-38 41 Adopting the Automatic Escalation of the 42 Rates and Fee Schedules for Babcock 43 Ranch Waste Services and Babcock Ranch 44 Water Utilities Providing for Severability 45 and an Effective Date 46

47 Mr Wrathell presented Resolution 2019-38 and reviewed Exhibit A Babcock Ranch 48

Waste Services Rates and Fees Schedule and Exhibit B Babcock Ranch Water Utilities Rates and 49

Fees Schedule Mr Johnson noted that an updated version of Exhibit B which included the 50

administrative fee was distributed at the meeting Footnoted fees would be adopted as 51

interim fees pending final adoption after the November 21 2019 public hearing The new 52

rates would take effect October 1 2019 53

54

On MOTION by Ms Valentine and seconded by Mr Moore with all in favor 55 Resolution 2019-38 Adopting the Automatic Escalation of the Rates and Fee 56 Schedules for Babcock Ranch Waste Services and Babcock Ranch Water 57 Utilities with the updated version of Exhibit B Providing for Severability and 58 an Effective Date was adopted 59

60 61 FIFTH ORDER OF BUSINESS Consideration of Interim Fees and ERC 62

Calculation Tool and Setting a Public 63 Hearing for Same 64

65 Mr Wrathell presented the ERC Calculation Tool verbiage and the schedule of interim 66

fees including the updated version of Exhibit B Babcock Ranch Water Utilities Rates and Fees 67

Schedule 68

69

On MOTION by Mr Moore and seconded by Ms Valentine with all in favor 70 the Interim Fees and ERC Calculation Tool with the updated version of Exhibit 71 B and Setting a Public Hearing for Same for November 21 2019 at 100 pm at 72 the Offices of Kitson Babcock LLC 14750 SR 31 Punta Gorda Florida 33982 73 was approved 74

75 76 SIXTH ORDER OF BUSINESS Consideration of Non-Exclusive Drainage 77

Easement and Maintenance Agreement 78


3

Mr Wrathell presented the Non-Exclusive Drainage Easement and Maintenance 79

Agreement which provides for Babcock Property Holdings LLC (BPH) and Ecologic Waste 80

Management LLC (EWM) to grant a non-exclusive drainage easement to Local Greens USA 81

Discussion ensued regarding drainage easements to the lake 82

83

On MOTION by Mr Moore and seconded by Ms Valentine with all in favor 84 the Non-Exclusive Drainage Easement and Maintenance Agreement was 85 approved 86

87 88 SEVENTH ORDER OF BUSINESS Consideration of Special Warranty Deed 89

(ISD to BPH for Portion of Tract I-25 Phase 90 2A) 91

92 Mr Johnson presented the Special Warranty Deed to deed a portion of Tract I-25 back 93

to BPH In each of the Districtrsquos acquisition agreements the District has the right to deed 94

property back and forth to some extent The tract in question was not purchased or improved 95

with bond funds so there is no restriction on the Districtrsquos ability to convey this back to BPH the 96

tract is a portion of a lake 97

98

On MOTION by Ms Valentine and seconded by Mr Moore with all in favor 99 the Special Warranty Deed (ISD to BPH for Portion of Tract I-25 Phase 2A) was 100 approved 101

102 103 EIGHTH ORDER OF BUSINESS Consideration of First Amendment to 104

Ramco Protective of Orlando Inc 105 Agreement Regarding the Provision of 106 Security Services 107

108 Mr Wrathell presented the First Amendment to the Ramco Protective of Orlando Inc 109

Agreement Regarding the Provision of Security Services 110

111

On MOTION by Mr Moore and seconded by Ms Valentine with all in favor 112 the First Amendment to Ramco Protective of Orlando Inc Agreement 113 Regarding the Provision of Security Services was approved 114


4

NINTH ORDER OF BUSINESS Consideration of Work Authorization 115 Number 9 District Engineer Utility Site 116 Plan Reviews and Inspections 117

118 Mr Wrathell presented Work Authorization Number 9 119

120

On MOTION by Mr Moore and seconded by Ms Valentine with all in favor 121 Work Authorization Number 9 District Engineer Utility Site Plan Reviews and 122 Inspections was approved 123

124 125 TENTH ORDER OF BUSINESS Consideration of Work Authorization 126

Number 10 District Engineer ISD Site Plan 127 Review and ISD Line and Grade Review 128


131

On MOTION by Mr Moore and seconded by Ms Valentine with all in favor 132 the Work Authorization Number 10 District Engineer ISD Site Plan Review and 133 ISD Line and Grade Review was approved 134

135 136 ELEVENTH ORDER OF BUSINESS Ratification of Demand Note Agreement 137

Between BRISD BPH and OrsquoDonnell 138 Landscaping (to be provided under 139 separate cover) 140

141 Mr Wrathell presented the Demand Note Agreement between BRISD BPH and 142

OrsquoDonnell Landscaping Mr Johnson distributed copies of the agreement and stated this was 143

an alternative form of security provided in lieu of a public payment and performance bond 144

executed with Babcock Ranch Property Holdings LLC serving as the Guarantor 145

146

On MOTION by Ms Valentine and seconded by Mr Moore with all in favor 147 the Demand Note Agreement Between BRISD BPH and OrsquoDonnell Landscaping 148 was ratified 149

150 151 TWELFTH ORDER OF BUSINESS Consideration of Babcock National Lake 152

Issues 153 154


5

Mr Johnson stated the First Amendment to the Agreement for the Delivery and Use of 155

Reclaimed Effluent Water provided for Lennar to have temporary pumping authorization for six 156

weeks from the date of execution 157

158

On MOTION by Mr Moore and seconded by Ms Valentine with all in favor 159 the First Amendment to the Agreement for the Delivery and Use of Reclaimed 160 Effluent Water was approved 161

162 163 THIRTEENTH ORDER OF BUSINESS Acceptance of Unaudited Financial 164

Statements as of August 31 2019 165 166

Mr Wrathell presented the Unaudited Financial Statements as of August 31 2019 167

168

On MOTION by Ms Valentine and seconded by Mr Moore with all in favor 169 the Unaudited Financial Statements as of August 31 2019 were accepted 170

171 172 FOURTEENTH ORDER OF BUSINESS Consideration of August 22 2019 Public 173

Hearing and Regular Meeting Minutes 174 175

Mr Wrathell presented the August 22 2019 Public Hearing and Regular Meeting 176

Minutes 177

178

On MOTION by Ms Valentine and seconded by Mr Moore with all in favor 179 the August 22 2019 Public Hearing and Regular Meeting Minutes as 180 presented were approved 181

182 183 FIFTEENTH ORDER OF BUSINESS Staff Reports 184 185 A District Counsel Hopping Green amp Sams PA 186

There being no report the next item followed 187

B District Engineer Kimley-Horn amp Associates 188


C Field Operations Manager Allen Baum 190

Use of Roundup 191


6

Mr Baum reported that in light of recent notoriety and in an abundance of caution the 192

District decided to temporarily suspend the use of glyphosate-based herbicides on all 193

properties The District was in the process of notifying all landscape contractors and they would 194

be required to sign acknowledgments in the near future Mr Broderick stated he agreed with 195

that the suspension of use in residential and ISD areas however those products would still be 196

utilized in the mitigation areas while the pros and cons of alternatives are examined 197

D Construction Manager John Broderick 198

Update TCU Expansion 199

Mr Broderick reported the following 200

There was a lot of activity since the last meeting Crescent B Commons and the 201

commercial complex may be on board with utilities by the first quarter of 2020 202

The roads to Babcock National are now paved it was now possible to drive all the way 203

to the golf courses Building permits were being secured and models should be under 204

construction soon There may be closings in the first or second quarter of 2020 205

E District Manager Wrathell Hunt and Associates LLC 206

NEXT MEETING DATE October 24 2019 at 100 PM 207

The next meeting will be held on October 24 2019 at 100 pm 208

209

SIXTEENTH ORDER OF BUSINESS Board Membersrsquo CommentsRequests 210 211

There being no Board Membersrsquo comments or requests the next item followed 212

213

SEVENTEENTH ORDER OF BUSINESS Public Comments 214 215

There being no public comments the next item followed 216

217

EIGHTEENTH ORDER OF BUSINESS Adjournment 218 219

There being nothing further to discuss the meeting adjourned 220

221

On MOTION by Mr Moore and seconded by Ms Valentine with all in favor 222 the meeting adjourned at 140 pm 223

224 225


7

226 227 228 229 230 231 __________________________ ____________________________ 232 SecretaryAssistant Secretary ChairVice Chair 233

BABCOCK RANCH


12E

BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT

BOARD OF SUPERVISORS FISCAL YEAR 20192020 MEETING SCHEDULE

LOCATION 14750 SR 31 Punta Gorda Florida 33982

DATE POTENTIAL DISCUSSIONFOCUS TIME

October 24 2019 Regular Meeting 100 PM

November 21 2019 Regular Meeting 100 PM

December 19 2019 Regular Meeting 100 PM

January 23 2020 Regular Meeting 100 PM

February 27 2020 Regular Meeting 100 PM

March 26 2020 Regular Meeting 100 PM

April 23 2020 Regular Meeting 100 PM

May 28 2020 Regular Meeting 100 PM

June 25 2020 Regular Meeting 100 PM

July 23 2020 Regular Meeting 100 PM

August 27 2020 Public Hearing amp Regular Meeting 100 PM

September 24 2020 Regular Meeting 100 PM

Exceptions

November meeting date is one week earlier to accommodate Thanksgiving holiday

December meeting date is one week earlier to accommodate Christmas holiday

Form 17 UAP 102419 Utility Acceptance Packagepdf

Please note that all documents are required prior to utility turnover and acceptance by the Babcock Ranch Community Independent Special District (ldquoDistrictrdquo) All documents shall conform to this list as well as the Districtrsquos Water Utilities Policies

THE FOLLOWING ITEMS MUST BE ON FILE WITH AND ACCEPTED BY THE DISTRICT PRIOR TO INSTALLATION OF THE REMAINING METERS OR WASTEWATER LATERAL TIE-INS

Attachment A

Record Drawings

10 Vertical locations


Surveyorrsquos Certification

PLS

Form 17g_UAP Utility Facilities Subordination 102419pdf

WITNESSETH




Attachment A

Record Drawings




PLS


WITNESSETH

First_Amendment_for_the_Delivery_and_Use_of_Reclaimed_Effluent_Water-Babcock_national_Golf_Course_(Lennar)pdf

Structure Bookmarks

FIRST AMENDMENT TO THE AGREEMENT FOR THE DELIVERY AND USE OF

RECLAIMED EFFLUENT WATER


This First Amendment is made and entered into as of this day of ______ 2019 (the First Amendment) by and between

26

th

September


Lennar Homes LLC with a mailing address of 10481 Ben C PrattSix Mile

Cypress Parkway Fort Myers Florida 33966 (User together with District the

Parties)

RECITALS







Artifact

Artifact

SECTION 2 The Agreement 1s hereby amended to add the paragraph 22 as stated

below in its entirety

22

GRANT OF TEMPORARY PUMPING AUTHORIZATION

Prior to Users completion of the lake receiving the reclaimed water pursuant to the terms of this Agreement the District hereby authorizes the User to pump water for irrigation purposes from any lake located on Users property for a period of six (6) weeks from execution of this First Amendment Such

September 26

authorization shall automatically terminate on ________ 2019 without

further action from either User or District User agrees that any pumping activities conducted in accordance with this Agreement shall be in accordance with all requirements of applicable local State and Federal laws rules regulations and ordinances If User fails to notify the District in writing within five (5) days of the receipt of any notice order required to comply notice or a report of a violation or an alleged violation made by any local State or Federal governmental body or agency or subdi


are hereby adopted reaffirmed and incorporated as if restated herein

IN WITNESS WHEREOF the parties execute this First Amendment the day and year first written above

Attest BABCOCK RANCH COMMUNITY INDEPENDENT SP CI L DISTRICT

Figure

ATTEST

Witness Name

--

-

Figure

LENNAR HOMES LLC

By

Name

Its


September 26

Exhibit A Agreement for the Delivery and Use ofReclaimed Effluent Water


This Instrument Prepared By and After Recording Return co Jonathan T Johnson Esq

Hopping Green amp Sams PA 119 South Monroe Street Suite 300 Tallahassee Florida 32301














the reclaimed effluent water on the USERS property via an easement The patties agree to execute an easement agreement in the form attached hereto as EXHIBIT A once the Point of Delivery and description of the property to receive reclaimed water has been determined by USER and approved by the DISTRICT Upon execution by both parties EXHIBIT A shall be recorded in the official record books in the official records of Charlotte County Florida Once recorded the easement agreement itself and the legal desc

2 TERM OF THE AGREEMENT

The DISTRICT shall deliver and the USER shall accept and use reclaimed effluent water delivered by the DISTRICT for a term of twenty (20) years from the date of execution by the DISTRICT

The term of this Agreement shall renew automatically from year to year beyond the initial twenty

(20)

(20)

(20)

(20)

yerumiddot term unless sooner terminated by the DISTRICT or the USER by written notice not less than one (1) year (365 days) in advance of the anniversrumiddoty of the commencement of each renewal

3 USE OF RECLAIMED WATERi USERS IRRIGATION SYSTEM

A

A

The USER shall use reclaimed water delivered by the DISTRICT only for inigation of its golf course provided that use of the reclaimed water shall be consistent with all local state and federal regulations and in such a manner as not to require a federal wastewater discharge permit USER shall be permitted to pump reclaimed water provided by the DISTRICT into USERS golf courses primary i1Tigation lake and to construct such facilities within said primrumiddoty ilTigation lake as may be reasonably required to

B

B

All cross-connections to the potable water system me prohibited and the USER must adhere to all conditions of the DISTRICTS Water Utilities Policies Manual (Policies) and its CrossshyConnection Control Policy (CCCP) The District shall conduct inspections as specified in the CCCP

C

C

In accordance with subsection 62-610471(3) Florida Administrative Code when constructing reclaimed water distribution piping the USER shall maintain a 75-foot setback distance from a reclaimed water transmission facility to public water supply wells No setback distances are required to other potable water supply wells or to any non-potable water supply wells

D

D

No setback distances rumiddote required to any surface water to any developed areas or to any private swimming pools hot tubs spas saunas picnic tables barbecue pits or barbecue grills as proscribed in section 62-610471 Florida Administrative Code

E

E

Pursuant to subsection 62-610469(4) F101ida Administrative Code USER shall not use reclaimed water to fill swimming pools hot tubs or wading pools

F

F

As required by subsection 62-610471(6) Florida Administrative Code USER shall use low trajectory nozzles or other means to minimize aerosol f01mation within 100 feet from outdoor

2




I As required by sections 62-610468 and 62-610469 Florida Administrative Code USER shall ensure all advisory signs and labels on vaults service boxes or compartments that house hose bibbs along with all labels on hose bibbs valves and outlets bear the words do not drink and no beber along with the equivalent standard international symbol In addition to the words do not drink and no beber USER shall require advisory signs posted at storage ponds and decorative water features to also bear t

J In accordance with subsection 62-610468(6) Florida Administrative Code USER shall ensure that users of reclaimed water arc inf01med about the origin nature and characteristics of reclaimed water the manner in which reclaimed water can be safely used and limitations on the use of reclaimed water USER notification in a manner consistent with subsection 62-610(2) Florida Administrative Code is required at the time of initial connection to the reclaimed water distribution system and annually after




4 WATER QUALITY

Reclaimed water delivered under this Agreement shall be treated to levels acceptable to meet the requirements of Chapter 62-610 Fl01ida Administrative Code and Florida Department of Environmental Protection requirements for irrigation on lands for public access

3

s VOLUME OF WATER DELIVERY SCHEDULE DISTRICT will deliver reclaimed water and the USER shall accept and use a volume of gallons of reclaimed water per day in accordance with the conditions established in EXHIBIT B The

DISTRICT will install appropriate meters at the Point of Delivery in accordance with its Policies and water rates and fees schedule (Tariff)

6 POINTS OF DELIVERY

A The Point(s) of Delivery of reclaimed water from the DISTRICT to the USER is immediately downstream of the meter DISTRICT shall own operate and maintain the reclaimed water distribution system upstream of the Point(s) of Delivery The USER shall own operate and maintain all works downstream of the Point(s) of Delivery including a pressure sustaining valve



7 DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS

A Adverse weather conditions or unforeseen circumstances may necessitate modification of the normal delivery schedule

B Both parties recognize that adverse weather conditions or unforeseen circumstances may result in a need for reclaimed water greater than the volume set forth in EXHIBIT B Each user shall have the right to draw additional water subject to availability of reclaimed water supplies During any period in which more than one user exercises the right to draw additional reclaimed water the DISTRICT will furnish water if available as the transmission and delivery systems are capable of handling During those

C If the DISTRICTS transmission or distribution system fails for reasons or events beyond the DISTRICTS control then delivery of reclaimed water under the requirements of this Agreement may be inten-upted or limited in quantity Reasons or events beyond the DISTRICTS control for purposes of this Agreement shall include but shall not be limited to broken mains lack of electricity force majeure contamination of the reclaimed water making it unsuitable for distribution based on local state or federa

8 EMERGENCY SITUATIONS

The DISTRICT shall not be held liable to the USER for failure to deliver reclaimed water if an emergency situation preventing such delivery exists Emergency for purposes of this section shall be defined as an event beyond the control of DISTRICT preventing delivery of adequate reclaimed water Emergency shall include but shall not be limited to broken mains lack of electricity force majeure contamination of the reclaimed water making it unsuitable for distribution based on local state or federal law

4

9 TERMINATION OR ASSIGNMENT

A During the initial tenn of this Agreement the USER may terminate its obligations under this Agreement upon two (2) years advance written notice to the DISTRICT without incurring any penalty In the event that USER terminates this Agreement without giving at least two (2) years advance written notice to the DISTRICT USER shall be liable for all reasonable and actual costs and expenses that the DISTRICT may incur for obtaining an alternate method of disposal of that portion of the effluent not taken as t




10 EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS

If for any reason during the term of this Agreement local state or federal governments or agencies shall fail to issue necessary permits grant necessary approvals or shall require any change in the operation of the treatment transmission and distribution systems or the application and use of

reclaimed water then to the extent that such requirements shall affect the ability of the DISTRICT to perform any of the terms of this Agreement the DISTRICT shall be excused from the performance thereof and a new Agreement shall be negotiated by the parties hereto in conformity with such permits approvals or requirements

11 TRANSFER QR MODIFICATION OF USERS COMMITMENT The USERS right to sell transfer or encumber the land described in EXHIBIT C shall not be restricted by this Agreement except that USER must provide DISTRICT with advance written notice of any proposed sale or transfer at the address noted in Section 20 herein Prior to the sale or transfer the buyer or transferee shall execute and deliver to the DISTRICT an acknowledgement and acceptance of the USERS commitment under the same terms and conditions of t

Agreement shall run with the land and as such shall be properly filed in the Public Records of Charlotte County Florida

12 INDEMNIFICA TIQN

A To the extent allowed by applicable law from time to time and without waiving the provisions of Section 76828 Florida Statutes the DISTRICT will be liable for money damages in tort for any injuries to or losses of property personal injury or death caused by the negligent or wrongful

5




1

1

1

Claims related to the USERS construction erection location operation maintenance repair installation replacement or removal of that part of the system owned by the USER for efficient disposal and reuse

2

2

Claims arising out of USERS negligence or omissions upon any areas controlled by DISTRICT that are contained within USERS property or claims arising out of USERS negligence or omissions within an area controlled operated or maintained by USER

3

3

Claims or demands that the use of the reclaimed inigation water by the USER in the manner set forth in this Agreement constitutes a nuisance or is in violation of Statutes or regulations within or upon any areas controlled operated or maintained by USER

13 RIGHT TO SET RATES FEES AND CHARGES

Nothing in this Agreement shall be construed as affecting in any way DISTRICTS light and obligation to set fees rates and charges and its authority to regulate the delivery storage use or spraying of effluent DISTRICT specifically and without limitation reserves the right to set rates fees and charges for the provision of treated effluent in accordance with the authority vested in DISTRICT and in accordance with the rules regulations and procedures prescribed for DISTRICT under the Laws of Flori

14 CHARGES AND RELATED CONSIDERATIONS

The DISTRICT will charge the USER monthly for the number of gallons used at the cmTent bulk rate per 1000 gallons as set forth in the DISTRICTS tariff as set forth on Exhibit D attached to this Agreement or as otherwise provided in written c01Tespondence from DISTRICT Payment shall be made to the DISTRICT as set fo1ih in the DISTRICTS policies Any future increase in the bulk rate shall only be effective as to the USER if such increase in the bulk rate is unifonnly applied to all bulk rate users wit

1s ACCESS

1s ACCESS

A The DISTRICT shall have the right at any reasonable time without any p1ior notice to the USER to enter upon the property of the USER to review and inspect the practices of the USER with respect to conditions agreed to herein to include compliance with any and all local state and federal regulatory agencies The USER shall have the option of having a representative accompany the DISTRICT personnel during any and all inspections

6





17 SEVERABILITY

If any part of this Agreement is found invalid or unenforceable by any court such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the pm1ies can continue to be affected To that end this Agreement is declared to be severable

1s LAND USE APPROVALS


This Agreement shall not be construed as a basis for (1) granting assuring or indicating or (2) denying refusing to grant or preventing any future grant of land use or zoning approvals permissions vmiances special exceptions or rights with respect to the real property in the irrigated area

19 APPLICABLE LAW

This Agreement and the provisions contained herein shall be construed controlled and interpreted according to the laws of the State of Florida

20 NOTICES

20 NOTICES

All notices required or authorized under this Agreement shall be given in writing and shall be served by mail on the parties at the addresses below




7

With a copy to LENNAR CORPORATION 700 NW 107Avenue-4Floor Miami Florida 33172 Attn General Counsel

th

th


21 EXHIBITS AND ADDENDUMS

This Agreement incorporates the following exhibits and addendums which are specifically made




Exhibit A

Exhibit A

Form of Delivery and Use of Reclaimed Water Easement

Exhibit B

Exhibit B

Contract Conditions

Exhibit C

Exhibit C

Map Depicting Preliminary Area Being Served by Effluent

Exhibit D

Exhibit D

Tariff Schedule



8

8


Secretary Chairman Boar7 ofGovernors

STATE OF FLORIDA ) ) COUNTY OF___ )

I

The foregoing instrument was acknowledged before ne this ___day of ___ 2019 by Gary Nelson as Chaimian of the Governing Board of Babpock Ranch Community Independent Special District for and on behalf of the District He [ ] is personrly known to me or [ ] produced _______as identification

I

NOTARY STAMP

me ofNotary Public

Figure

By bull

Name Pdn_tef _tJ_~_f_~_lf_J_lf~-+-


-

Title V bull ~-

STATE OF FLORIDA ) ) COUNTYOF Lff )


~

WI The ~f~menraquoas aclmowledged before me this ~ day oflJl)uft(2019 by 1

~ Ufmicro 111J asJ I~ fftBr ~ ofLennar Homes LLC for and on behalf ofsaid company SHeMis personally known to me or [ ] produced---___as identification

NOTARY STAMP

NOTARY STAMP

Gall Lucas Si ~iiillill-NOTARY PUBLIC 6STATE OF FLORIDA iii Comm FF964336

Figure

Figure

Printed Name ofNotary Public

rcE lil ~ Expires 4272020


9

9

Figure

-


I

I

Figure

ovemors

)

~J-

~J-

~J-

-

The foregoing instrument was acknowledged before me this 0 day of J]r)ilry 2019 by Gary Nelson as Chairman of the Governing Board of Babcock Ranch Communityndependent Special District for and on behalf of the District He rfa is personally known to me or [ ] produced

as identification

as identification

ORIDA ) )

COUNTY oFChoAoHe

COUNTY oFChoAoHe

tlt~tfigt~ERBONE

tlt~tfigt~ERBONE

eOMMISSON FF957443 EXPIRES February 04 2020

Figure


FloridAlora

FloridAlora

SoltVkaroomiddot

Figure



By _____________


Title ______________

STATE OF FLORIDA ) ) COUNTY OF )

The foregoing instrument was acknowledged before me this_ day of ______2019 by ---------~as__________of_____ for and on behalf of said company SHe [ ] is personally known to me or [] produced________as identification

NOTARY STAMP


I I


9

9

Sect

Table

TR

Exhibit A

TR

Form of Easement

Prepared by and return to


Jonathan T Johnson Esq


Hopping Green amp Sams PA


119 S Monroe Street Suite 300


Tallahassee Florida 32301



NON-EXCLUSIVE UTILITY EASEMENT

(Reclaimed Effluent Water Irrigation)

TIDS NON-EXCLUSIVE UTILITY EASEMENT (the Utility Easement) is made this___day of 2019 by and between __________ a ______ whose address is_______________hereinafter refeffed lo as Grantor or the Developer and BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT a unit of special purpose local government located in Charlotte and Lee Counties Florida whose address is co District Manager 2300 Glades Rd Suite 410W Boca Raton FL 33431 (the Grantee or District)

-






1

1

1

RECITALS The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Utility Easement

2

2

GRANT OF EASEMENT That Grantor grants bargains and sells unto Grantee its successors and assigns a perpetual non-exclusive easement which grants to Grantee the perpetual right to enter upon the Easement Area for the purpose to own plan finance constmct install operate andor maintain reuse facilities within the boundaries of the District within and under the Easement Area as more particularly described in Exhibit A attached hereto and made a part hereof Grantee hereby accepts this Utility Ea

3

3

INDEMNIFICATION Grantor agrees to indemnify defend and hold Grantee harmless from and against any and all damages losses or claims including but not limited to legal fees and expenses to the extent that such damages losses or claims are attributable to actions omissions or negligence in the use of the Easement Area by Grantor its agents employees invitees or independent contractors Grantee agrees to indemnify defend and hold Grantor harmless from and against any and all damages losses or clai

4

4

NO WAIVER OF SOVEREIGN IMMUNITY Nothing herein shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability that may have been adopted by the Florida Legislature in Section 76828 Florida Statutes or other statute and nothing herein shall inure to the benefit of any third party for the purpose of allowing any claim that would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law

5

5

INCONSISTENT USE Grantor agrees and covenants that it shall not grant or exercise any rights in the property inconsistent with or which interfere with the rights herein accorded to Grantee Grantor shall be free to make any use of the property which is consistent with Grantees intended use

6

6

DEFAULT A default by any party under this Utility Easement shall entitle the other party to all remedies available at law or in equity which may include but not be limited to the right of actual damages injunctive relief andor specific performance

7

7

MODIFICATION WAIVER No modification tennination or amendment of this Utility Easement Agreement may be made except by written agreement between the pmties No failure by any person or entity now or hereafter bound by this Utility Easement to insist upon the strict perf01mance of any covenant duty agreement or condition of this Utility Easement or to exercise any right or remedy upon a breach of this Utility Easement shall constitute a waiver of any such breach or of such covenant agreement term or

8

8

ATTORJ~EYS FEES In the event that either Grantor or Grantee seeks to enforce this Utility Easement by court proceedings or otherwise then the prevailing pmty shall be entitled to recover all fees and costs incurred including reasonable attorneys fees and costs for trial alternative dispute resolution or appellate proceedings

9

9

NOTICES Any notice demand consent authorization request approval or other communication that any party is required or may desire to give to or make upon the other party pursuant to this Utility Easement shall be effective and valid only if in writing signed by the party giving notice and delivered personally to the other parties or sent by express 24-hour guaranteed courier or delivery service or by certified mail of the United States Postal Service postage prepaid and return receipt requested ad

11

11

To Grantor Lennm-Homes LLC 10481 Ben C Pratt Six Mile Cypress Parkway Fort Myers FL 33966 Attn Darin McMtmay

With a copy to Lennar Corporation 700 NW 107Avenue-4Floor Miami FL 33172 Attn General Counsel

th

th


To the District Babcock Ranch Community Independent Special District 2300 Glades Rd -Suite 410W Boca Raton FL 33431 Attn Craig Wrathell District Manager

12

12

With a copy to Hopping Green amp Sams PA

119 South Monroe Street (32301)

Post Office Box 6526

Tallahassee FL 32314

Attn Jonathan Johnson

Notice shall be deemed given when received except that if delivery is not accepted notice shall be deemed given on the date of such non-acceptance Notices delivered after 500 pm (at the place of delivery) or on a non-business day shall be deemed received on the next business day If any time for giving notice would otherwise expire on a non-business day the notice period shall be extended to the next succeeding business day Saturdays Sundays and legal holidays recognized by the United States govern

10

10

10

THIRD PARTIES This Utility Easement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason to or for the benefit of any third party not a formal party to this Utility Easement Nothing in this Utility Easement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right remedy or claim under or by reason of this Utility Easement or any of the provisions or condition

11

11

ASSIGNMENT Neither pmty may assign transfer or license all or any portion of its rights under this Utility Easement without the prior wriUen consent of the other pmmiddotty Any assignments attempted to be made by any party without the prior written approval of the other pmty arc void Notwithstanding the foregoing any sale or transfer of any portion of the property by Grantor which sale or transfer is made subject to this Utility Easement shall not require the approval or consent of any party

12

12

TERMINATION This Utility Easement shall automatically terminate upon any termination of the Reclaimed Water Agreement by either party thereto in accordance with the provisions thereof While this provision is intended to be self-operative upon a te1mination of the Reclaimed Water Agreement upon the request of either party the other pmty shall execute and record in the Public Records of Chmfotte County Florida a termination of this Utility Easement in a form reasonably acceptable to the requesting pmty

13

13

CONTROLLING LAW This Utility Easement shall be construed interpreted and controlled according to the laws of the County of Chmfotte State of Florida without reference to any provision of Florida law which would select the laws of another jmisdiction Venue of any proceeding related to this Utility Easement shall be exclusively in the approp1iate Florida court of the Twentieth Judicial Circuit located in Charlotte County Florida

14

14

PUBLIC RECORDS Grantor understands and agrees that all documents of any kind provided to the District or to District staff in connection with this Utility Easement are public records and are to be treated as such in accordance with Florida law

15

15

SEVERABILITY If any term covenant condition or provision of this Utility Easement or the application thereof to any person entity or circumstance shall at any time or to any extent be held to be invalid or unenforceable the remainder of this Utility Easement or the application of such term or provision to persons entities or circumstances other than those in which it is held invalid or unenforceable shall not be affected thereby and each remaining provision of this Utility Easement shall be va

16

16

BINDING EFFECT This Utility Easement and all of the provisions of this Utility Easement shall inure to the benefit of and be binding upon the parties set forth herein and their respective successors and permitted assigns and the agents employees invitees tenants subtenants licensees lessees mortgagees in possession and independent contractors thereof as a covenant running with and binding upon the Easement Area

17

17

AUTHORIZATION By execution below the undersigned represent that they have been duly authorized by the appropriate body or official of their respective entity to execute this Utility Easement and that each party has complied with all the requirements of law and has full power and authority to comply with the terms and provisions of this instrument

18

18

ENTIRE AGREEMENT This Utility Easement contains the entire understanding and agreement between the parties relating to the subject matter hereof and all prior or extrinsic agreements understandings representations and statements oral or written are merged herein andor superseded hereby There are no other agreements oral or written between the parties with respect to the subject matter hereof except as contained in this Utility Easement

19

19

COUNTERPARTS This instrument may be executed in any number of counterparts each of which when executed and delivered shall constitute an original and such counterparts together shall constitute one and the same instrument Signature and acknowledgment pages if any may be detached from the counterparts and attached to a single copy of this document to physically form one document

20

20

SINGULAR AND PLURAL USES Wherever in this Utility Easement the singular is used the same shall include the plural and vice-versa and wherever in this Utility Easement the masculine gender is used the same shall include the feminine and neuter genders and vice versa

21

21

PARAGRAPH HEADINGS The captions headings and paragraph numbers appearing in this Utility Easement are inserted as a convenience only and in no way define limit construe or describe the scope or intent of such sections nor in any way affect the interpretation hereof

13

13



GRANTOR

LENNAR HOMES LLC

Witnesses

Witnesses

Printed Name Title

Print Name

Print Name


STATE OF ________ COUNTY OF

-------

-






15

15

GRANTEEDISTRICT


Witnesses

Witnesses

By ------------shy



Print Name

Print Name

--------

-


The foregoing instrument was acknowledged before me this___day of ______ 2019 by _________________as _______ _____ of the Babcock Ranch Community Independent Special District a unit of special purpose local government located in Charlotte and Lee Counties Flolida on its behalf

Signature of Notary Public

(SEAL)

(SEAL)



16

16


17

17


EXHIBITB

CONTRACT CONDITIONS

l Location of Distribution Point(s) and Property


a USER shall provide the location of the distribution point (or Point of Delivery) to the meter station where the DISTRICT is to deliver the reclaimed water upon final design by the USER and approval by the DISTRICT Upon receipt of DISTRICT approval the location shall be included as an addendum to this Agreement


2 Quantity of Reclaimed Water


DISTRICT will make available to USER one million two hundred thousand gallons per day (1200000 GPD) in accordance with this Agreement USER shall accept a minimum monthly average flow of 0277 million gallons per day (277000 GPD) of reclaimed water determined on a quarterly basis (the Daily Minimum Availability) USER will be charged monthly for the Daily Minimum Availability regardless of whether a lesser amount is used or provided Availability of the reclaimed water shall be determined by DISTRICT i

In the event USER uses more than the Daily Minimum Availability in any given month dming a particular qumter then any such overage shall be applied to the other months in the quarter and act to reduce the Daily Minimum Availability required to be purchased by USER during those months in the following quarter In no event shall USER purchase fewer than one hundred and one million one hundred and five thousand (101105000) gallons in the twelve (12) calendmmiddot months following the anniversary of the golf cou

DISTRICTS obligation to make the reclaimed water available to USER shall commence upon the later of (i) DISTRICTS completion of construction of its portion of the reclaimed water system or (ii) five

(5) days after USERS request for reclaimed water availability It is the parties understanding that USER will need reclaimed water availability during the golf course grow-in period prior to the golf course opening However the Daily Minimum Availability requirement and the quarterly determination shall not commence until the golf course is opened for commencement of play

3 Operation and Maintenance Practices


The USER will apply reclaimed water in accordance with all appropriate local state and federal rules and regulations Reclaimed water inigation systems shall protect human health and the environment which includes but is not limited to the following


b

b

b

The USER will also take all reasonable precautions including signs and labeling to clearly identify reclaimed water systems to prevent inadvertent human consumption

c

c

The USER shall ensure that no inter-connections are made between the reclaimed water system and other water systems

19

19

4

4

4

DISTRICT shall have the right to conduct soil borings and locate monitoring wells at the perimeter of the property in areas agreeable to the USER so as to not interfere with USERS operations These monitoring wells shall be installed and sampled at periodic intervals by the DISTRICT at the DISTRICTS expense

5

5

At no time shall the USER cause the system pressure before the point of delivery to be less than sixty (60) PSI If used to fill a pond the USER must install operate and maintain an adjustable pressure sustaining valve for this purpose

6

6

6

Cost Allocation

a All costs for operating and maintaining the USERS irrigation distribution system shall be exclusively paid by the USER

EXHIBIT c


21

21

KimleyraquogtHorn

22

22


23

23

POTABLE WATER WASTEWATER AND IRRIGATION QUALITY WATER RATES AND FEES SCHEDULE

1

Effective November 15 2018


1

A INITIAL FEES -CONNECTION FEES DEPOSIT FEES TAP IN ROAD PUSH


Please consult the ERC Calculation Tool for an approximate ERC calculation Final ERC calculation

and meter sizing will be determined by the District

Residential

Account Set Up Fee


frac34

frac34

l

1frac12 2 Greater than 2




Connection Fee (based upon fire flow) 0-50GPM 51-lOOGPM 101-150 GPM 151-300 GPM 301-500 GPM 501-750 GPM 751-1000 GPM 1001-1500 GPM 1501-3000 GPM 3001-4500 GPM


Meter Installation Fee frac34

l

lfrac12 2 Greater than 2





$3090

$(per calculated of ERC)

245346

$48719 $58916 $$Actual Cost $7416 $1442 (or at cost whichever is greater)

140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448

$48719 $58916 $$Actual Cost $7416 $1442 ( or at cost whichever is greater)

140080

155633


$(per calculated ERC) $9579 $1442 (or at cost whichever is greater)

257603


25


frac34

frac34

l




Non-Residential

Account Set Up Fee


frac34

frac34

l


Customer Deposit






1




27

$(per connection regardless of meter size)

193949

$48719 $58916 $$Actual Cost $7416 $1442 (or at cost whichever is greater) $2266 (or at cost whichever is greater)

140080

155633

$3090

$(per calculated ERC)


245346

$48719 $58916 $$Actual Cost

140080

155633

Two times estimated monthly charge

(not less d1an residential fee) $1442 ( or at cost whichever is greater) $2266 (or at cost whichever is greater)

$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633

Wastewater

Wastewater

Connection Fee

Customer Deposit

Tap In Fee (ifservice not currently available)


Inigation Water

Connection Fee

Meter Installation Fee

frac34

l

lfrac12

2

Greater than 2

Customer Deposit



$(per calculated ERC) Two times estimated monthly charge

257603

(not less than residential fee) $1442 (or at cost whichever is greater) $2266 (or at cost whichever is greater)


193949

$48719

$58916

$

140080

$

155633

Actual Cost


(not less than residential fee) (or at cost whichever is greater) $2266 (or at cost whichever is greater)

$1442

28


Residential -Applicable to single-family Customers or multi-family Customers which are individually

metered

metered

Water Monthly Base Facility Charge (based upon meter size) frac34

l lfrac12

2 Over 2


Private Fire Protection Service

2


Commodity Charge


InigationMonthly Base Facility Charge (all meters) Commodity Charge


3

$2506

$6265

$12530

$19739

of ERCs times S2506

$497 per 1000 gallons $726 per 1000 gallons

$1671

$3341

$5221

$10442

$16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)

2 In the event that a new single-family Customer requests a meter up-sizing to support a fire sprinkler system for a residence then the Customer will be required to pay for the cost of the meter to be installed T11e Customer will be required to pay Base Pacility Charges based on the size of meter installed The Customer must also install t reduced pressure backflow prevention device on the fire sprinkler line The backflow prevention device shall be registered with the District TI1e Customer will be req


29

29

Multi-Familv Residential -Applicable to multi-family Customers and mobile home park Customers

which are being served by a master meter






Commodity Charge


Irrigation3 Monthly Base Facility Charge (all meters) Commodity Charge


$497 per 1000 gallons $7 26 per 1000 gallons

$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters) $520 (per 1000 gallons to max 10000 gallons per unit in building)

$829 $249 (per 1000 gallons)

30

Non-Residential -Applicable to non-residential commercial industrial office civic mixed use master meter or other Customers for which no other rate schedule applies

Water Monthly Base Facility Charge frac34

I

I

Ifrac12 2 Over 2







Inigation3 Monthly Base Facility Charge (all meters) Commodity Chmmiddotge Reuse on a Bulle Basis (Golf Course Only)




$2506 $6265 $12530 $19739

of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters) $613 (no maximum)

$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31

31



Violation of District policies may lead to discontinuation of Utility Service assessment of fees and fines as well as inspection charges and fees to reconnect services once the violation has been resolved Any work performed between 300PM and 800AM shall be considered after normal

working hours

working hours



Late Payment (up ro $133 past due) Late Payment (greater thau $133 past due) Returned Checks

Customer Account Transfer Fee Unauthorized Water Use Fine Unauthorized Tampering

5


Inspection Fee (Developer) Re-Inspection Fee Plan Review Fee Development Project Admin Fee Administrative FeeCopy of Check Fee Document Recording Fee Temporary Construction Water (lt2)

6






$200 15 of past due amount $2575 (Face Value lt$5000) $5150 (Face Value lt$30000)



$25750 $51500 $$51500

103000

1 of Construction Cost (min $50000) $51500 1 of Constmction Cost (min $75000J 05 of Constrnction Cost (min $25000) See Footnote $515 $1030 first page $876 each additional page $30900 Deposit and $497 per 1000 gallons $15450 $7210 Actual cost Actual cost plus Administrative Fee Actual cost plus Administrative Fee


32

32



Non-Compliant lndusttial Discharge Fine $5150 to $15450 per day as determined by

District

District


Grease Trap Violations (within JO year period) (1sOccmTence) $20600 + Damages and Administrative Fees (2OccmTence) $41200 + Damages and Administrative lces (3rcOccurrence) $61800 + Damages and Administrative Fees (4th OccmTence) Service Disconnection

t

nd

1

Lien Search Request Fee $50

The District reserves the right to impose additional fees for the following to the extent not covered above Labor Classification Regular Working After Working Hours Hours








$7210hour $10815hour

Electrician

Electrician


Equipment Type Regular Working After Working Hours Hours Backhoe with Operator $12875hour

NA

NA

Loader with Operator $12875hour

NA

NA

Track-hoe with Operator $18025hour

NA

NA

Dump Trnck with Operator $103hour

NA

Utility V chicle with Operator $6695hour

NA

NA

Flat Bed Truck with Operator $8755hour

NA

NA

Portable Pump ( 4 trash) $3605hour

NA

NA

33

Generator (35-45 kw) $412hour

NIA

NIA

Vactor Tmck with One Operator $231 7 5hour

NIA

NIA

TV Tmck with Operator $206hour

NIA

TVCleaning (min 2000 emergency) $206hour

NIA


Industrial Wastewater Discharge Approval Application Fee $7725 Transfer Fee $7725

Industrial Wastewater Discharge Approval Annual Fees


Flow Rate (per gpd) Minor Significant Up to 2500 $10300 $23175 2501 to 5000 $18025 $38625 5001 to 10000 $25750 $43775 10001 to 25000 $33475 $59225 25001 to 50000 NA $64375 50001 to 100000 NIA $79825 Over 100000 NIA $84975

High Strength Industrial Wastewater Surcharge Minimum Monthly Charge $1597 Biochemical Oxygen Demand (BOD) $01583 (per pound) Concentration in excess of 400 mgL

Total Suspended Solids (TSS) $01502 (per pound) Concentration in excess of 400 mgL


Chemical Oxygen Demand (COD) in $01576 (per pound) Excess of 2 times BOD and greater than 800 mgL

Waste Hauler ChargesAnnual Fee per Hauler $20600 Waste Disposal Fee (normal hours) $5665 per 1000 gallons Waste Disposal Fee (after hours) $13905 per 1000 gallons Mixed Load Fee $3605 per 1000 gallons Violations Process Charge $10300 per appeal Remediation Actual cost plus $206 handling fee

7

Waste refers to bio-solids wastewater treatment plant effluent disposal septage and bio-diesel References to gallonage refers to per 1000 gallons of truck capacity

7

34

34

E NOTES

1

1

1

Automatic Cost Escalation In the absence of Board action the Districts rates fees and charges shall be automatically increased without further action three percent (3) per year Upon application of this automatic cost escalation provision the District Manager shall submit to the District Board of Supervisors a report detailing the amount of the escalation and the new rates as revised The Rate Schedule shall be adjusted pursuant to this section as required

2

2

Utility Cost Pass-Through The Dist1icts rates fees and charges shall be automatically increased without futther action of the Board based upon the implementation of a rate increase to the District Utility System by any utility which provides service to the District or upon implementation or increase of any taxes levied by a governmental authority against the District or upon an increase of costs incurred for water quality wastewater or inigation quality water quality testing required by the Department

3

3

Water Use Restriction Surcharge Commodity charges may be adjusted from time to time temporarily by up to twenty five percent (25) to reflect a water use restriction surcharge rate adjustment that may be implemented in response to and for the duration of general water use restrictions imposed by the South Florida Water Management District (SFWMD)

4

4

Prorations Base Facility Charges will be pro-rated for any partial month of service


35

35

Babcock Ranch Community Independent Special District OFFICE OF THE DISTRICT MANAGER

2300 Glades Road Suite 410WBoca Raton Florida 33431 Phone (561) 571-0010Toll-free (877) 276-0889Fax (561) 571-0013

October 17 2019

Board of Supervisors Babcock Ranch Community Independent Special District

Dear Board Members

The Board of Supervisors of the Babcock Ranch Community Independent Special District will hold a Regular Meeting on Thursday October 24 2019 at 100 pm at 14750 SR 31 Punta Gorda Florida 33982 The agenda is as follows

1 Call to Order

2 Roll Call

3 Public Comments [any members of the public desiring to speak on a specific agenda item may address the Board]

4 Approval of Utility Acceptance Package

5 Consideration of Joinder to FPL Underground Power Line Easement

6 Discussion Charlotte County Sheriff Extension Off Duty Detail Vendor Contract

7 Consideration of Second Amendment to the Agreement for the Delivery and Use of Reclaimed Effluent Water

8 Update SIB Loan Application

9 Consideration of Sunstate Meter and Supply Inc Monthly Lease Rent and OampM Increase

10 Acceptance of Unaudited Financial Statements as of September 30 2019

11 Consideration of September 26 2019 Regular Meeting Minutes

12 Staff Reports

A District Counsel Hopping Green amp Sams PA

B District Engineer Kimley-Horn amp Associates

ATTENDEES Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes

Board of Supervisors Babcock Ranch Community Independent Special District October 24 2019 Regular Meeting Agenda






o QUORUM CHECK



14 Public Comments

15 Adjournment


Sincerely




BABCOCK RANCH


4
























Test Results form


Pressure Test Form







inspector





















































Exhibit ldquoArdquo





















Exhibit ldquoArdquo



Exhibit ldquoBrdquo











W I T N E S S E T H




















To Grantor

With a copy to






















WITNESSES Grantor



On __________________ 20___ ____________________________ as




EXHIBIT ldquoArdquo

EASEMENT LAND










W I T N E S S E T H




















To Grantor


With a copy to





















WITNESSES Grantor




EXHIBIT ldquoArdquo

EASEMENT LAND
































Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances
























Florida

Attorney



(Affix Seal)




Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances








WITNESSETH














EXHIBIT ldquoArdquo





Phase________________________________________






_________________________________________________________



EXHIBIT ldquoArdquo


EXHIBIT ldquoBrdquo

BABCOCK RANCH


5









1







2








3









4









5








6










7


8






9

___________________________________

ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


10

____________________________

___________________________________




Its _______________________________


ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


11


Easement Agreement




12


13






OF TRACT 1-35PID422619301009 C1



GREENWAY BOULEVARD



C) J

N 89620687 0 10 20 40 E 73501408







L4 N01 middot43 43E 3677
















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft


14



(002 ACRES plusmn) 0 10 20 40


PID 42261930002 TRACT MA-5




C1





PID 422619301006



L1 N01 4343E 10674 C1 90250 103136 S865936E 16558 16581

L2 S881628E 1000 C2 90250 03822 N81 2437W 1007 1007

L3 S01 43 43W 10795


















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft

BABCOCK RANCH


6

FIN 593091319








Event Information


Street











Detail Rates






FIN 593091319


















FIN 593091319

















FIN 593091319













BABCOCK RANCH


7








2






3







RECITALS







--------

----------- ------







written above



ATTEST

Witness Name

- - -

LENNAR HOMES LLC

By Name Its


2








LENNAR ES LLC

By

Name~~~ Its Jclt- ~~L_ _----=__o~__q _____ _


2

September 26


3





























2












3














4













5














6

















7












8

8







INOTARY STAMP

me ofNotary Public

By bull



COUNTYOF Lff )

~



NOTARY STAMP




9

----

I -



I

ovemors

)



as identification

ORIDA ) )

COUNTY oFChoAoHe





By _____________


Title ______________


COUNTY OF )


NOTARY STAMP


I I


9



















11









12









13










14

---------



GRANTOR

LENNAR HOMES LLC

Witnesses

Printed Name Title

Print Name








15

--------- ---------


GRANTEEDISTRICT


Witnesses

By ------------shy










16



17



18














19







20


EXHIBIT c


21


KimleyraquogtHorn

22



23




24


















$3090




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448






25


26






Non-Residential

Account Set Up Fee



Customer Deposit








27




$3090


$48719 $58916 $140080 $155633 Actual Cost




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448









Customer Deposit











28









Commodity Charge


Inigation3


Commodity Charge

$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29






2 or less 3 4 6 8

Commodity Charge



Commodity Charge




$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per 1000 gallons)

30







2 or less 3 4 6 8






$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$613 (no maximum)

$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31








Returned Checks















$25750 $51500 $103000 $51500









32






























33








Transfer Fee $7725

















34


E NOTES






35


SPECIAL DISTRICT

10




UNAUDITED

SEPTEMBER 30 2019

General

Mitigation

Special

Revenue

Debt

Service

Series

2015

Debt

Service

Series

2018

Debt

Service

Series

2018 2B

Debt

Service

Series

2018 3A

Debt

Service

Series

2018 4

Capital

Projects

Series 2015

Capital

Projects

Series 2018

Capital

Projects

Series

2018 2B

Capital

Projects

Series

2018 3A

Capital

Projects

Series

2018 4

ASSETS


Operating 62500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 62500$


Phase 2 - 115090 - - - - - - - - - - 115090



Revenue - - 503634 86324 - - - - - - - - 589958

Prepayment - - 3997 - - - - - - - - - 3997

Reserve - - 1326150 68375 247641 800716 215679 - - - - - 2658561

Cost of issuance - - - 13698 - - - - - - - - 13698


Construction - - - - - - - - 4946 79676 - - 84622




Due from other 331 - - - - - - - - - - - 331




Prepaid expense 9906 - - - - - - - - - - - 9906

Deposits 940 - - - - - - - - - - - 940

Total assets 719234$ 139211$ 1853781$ 168397$ 340193$ 2419213$ 296410$ -$ 4946$ 12174234$ -$ -$ 18115619$

LIABILITIES

Liabilities




Due to other funds

General - - - - - - - 1713 - - - - 1713







FUND BALANCES

Nonspendable

Deposits 940 - - - - - - - - - - - 940

Restricted for

Debt service - - 1833781 168397 340193 2419213 296410 - - - - - 5057994


Unassigned (281595) 106358 - - - - - - - - - - (175237)






BALANCE SHEETS

SEPTEMBER 30 2019

Total

Governmental

Funds

Major Funds

1

Current

Month

Year to

Date Budget

of

Budget

REVENUES













Total revenues 256205 2009025 3161510 64

EXPENDITURES


Management 4000 48000 48000 100


Engineering 8340 58537 22000 266






Arbitrage - - 750 0






Audit - 8000 8000 100

Telephone 21 250 250 100



Trustee - series 2015 - 8303 8700 95

Trustee - series 2018 - 4031 5875 69


Website - 6278 1800 349






Insurance












GENERAL FUND


2

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND















Water 1003 14691 1392 1055

Sewer 618 3191 1800 177

Irrigation 7960 73168 25500 287





















Street light - FPL 910 10720 18773 57







3

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND














4

Current

Month

Year to

Date

Adopted

Budget

of

Budget



EXPENDITURES




FPL - Phase 2 - - 50000 0












5

Current

Month

Year to

Date Budget

of

Budget

REVENUES





Total revenues 311 982322 1328343 74

EXPENDITURES

Debt service

Principal - 325000 325000 100

Interest - 991100 991469 100


















6

Current

Month

Year to

Date Budget

of

Budget

REVENUES



Total revenues 249 131630 139665 94

EXPENDITURES

Debt service

Interest - 102033 102033 100


















7

Current

Month

Year to

Date

REVENUES

Interest 504$ 5067$


EXPENDITURES

Debt service

Interest - 64100




















8

Current

Month

Year to

Date

REVENUES

Interest 3584$ 34215$


EXPENDITURES

Debt service

Interest - 211027




















9

Current

Month

Year to

Date

REVENUES

Interest 439$ 4415$


EXPENDITURES

Debt service

Interest - 55913




















10

6

Current

Month

Year to

Date

REVENUES


Interest - 47


EXPENDITURES - -












11

6

Current

Month

Year to

Date

REVENUES


Interest 7 92


EXPENDITURES






Transfers in - 393











12

6

Current

Month

Year to

Date

REVENUES




EXPENDITURES


















13

6

Current

Month

Year to

Date

REVENUES

Interest -$ 65654$


EXPENDITURES - -

















14

6

Current

Month

Year to

Date

REVENUES

Interest -$ 19878$


EXPENDITURES - -

















15

ASSETS Balance

Current assets






Noncurrent assets


Total assets 884922

LIABILITIES

Current liabilities




Due to other funds






NET POSITION







SEPTEMBER 30 2019

16

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES

Residential

Water base 11525$ 97026$ 8592$ 1129

Water usage 6292 48706 9340 521

Waste water base 13350 111916 10010 1118





Commercial

Water base 2048 23591 14558 162

Water usage 1214 31787 78989 40





Fire base 226 2707 2636 103

Lot closings







Late fees 265 2647 4960 53

Total revenues 272285 2887411 1593875 181

OPERATING EXPENSES

Lease - utility 389376 4322137 2371508 182





Total expenses 389376 4402533 2465837 179









17

ASSETS Balance

Current assets





LIABILITIES

Current liabilities










NET POSITION







SEPTEMBER 30 2019

18

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES






Total revenues 10912 122431 72540 169

OPERATING EXPENSES




Insurance






Total expenses 30735 273322 $246012 111









19

BABCOCK RANCH


11

DRAFT





Florida 33982 7

8




30




35




2








54






Schedule 68

69





3





83









98






111



4



120





131








146



Issues 153 154


5




158





168





Minutes 177

178







Use of Roundup 191


6


















209



213



217



221


224 225


7


BABCOCK RANCH


12E

















Exceptions






Attachment A

Record Drawings




PLS


WITNESSETH




Attachment A

Record Drawings




PLS


WITNESSETH


Structure Bookmarks





26

th

September




Parties)

RECITALS







Artifact

Artifact



22



September 26







Figure

ATTEST

Witness Name

--

-

Figure

LENNAR HOMES LLC

By

Name

Its


September 26






















(20)

(20)

(20)

(20)



A

A


B

B


C

C


D

D


E

E


F

F


2









4 WATER QUALITY


3













4











12 INDEMNIFICA TIQN


5




1

1

1


2

2


3

3






1s ACCESS

1s ACCESS


6





17 SEVERABILITY





19 APPLICABLE LAW


20 NOTICES

20 NOTICES





7


th

th







Exhibit A

Exhibit A


Exhibit B

Exhibit B

Contract Conditions

Exhibit C

Exhibit C


Exhibit D

Exhibit D

Tariff Schedule



8

8




I


I

NOTARY STAMP

me ofNotary Public

Figure

By bull



-

Title V bull ~-



~



NOTARY STAMP

NOTARY STAMP


Figure

Figure




9

9

Figure

-


I

I

Figure

ovemors

)

~J-

~J-

~J-

-


as identification

as identification

ORIDA ) )

COUNTY oFChoAoHe

COUNTY oFChoAoHe

tlt~tfigt~ERBONE

tlt~tfigt~ERBONE


Figure


FloridAlora

FloridAlora

SoltVkaroomiddot

Figure



By _____________


Title ______________



NOTARY STAMP


I I


9

9

Sect

Table

TR

Exhibit A

TR

Form of Easement















-






1

1

1


2

2


3

3


4

4


5

5


6

6


7

7


8

8


9

9


11

11



th

th



12

12







10

10

10


11

11


12

12


13

13


14

14


15

15


16

16


17

17


18

18


19

19


20

20


21

21


13

13



GRANTOR

LENNAR HOMES LLC

Witnesses

Witnesses

Printed Name Title

Print Name

Print Name



-------

-






15

15

GRANTEEDISTRICT


Witnesses

Witnesses

By ------------shy



Print Name

Print Name

--------

-




(SEAL)

(SEAL)



16

16


17

17


EXHIBITB

CONTRACT CONDITIONS















b

b

b


c

c


19

19

4

4

4


5

5


6

6

6

Cost Allocation


EXHIBIT c


21

21

KimleyraquogtHorn

22

22


23

23


1



1





Residential

Account Set Up Fee


frac34

frac34

l








l






$3090


245346


140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633



257603


25


frac34

frac34

l




Non-Residential

Account Set Up Fee


frac34

frac34

l


Customer Deposit






1




27


193949


140080

155633

$3090



245346

$48719 $58916 $$Actual Cost

140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633

Wastewater

Wastewater

Connection Fee

Customer Deposit



Inigation Water

Connection Fee


frac34

l

lfrac12

2

Greater than 2

Customer Deposit




257603



193949

$48719

$58916

$

140080

$

155633

Actual Cost



$1442

28



metered

metered


l lfrac12

2 Over 2



2


Commodity Charge




3

$2506

$6265

$12530

$19739

of ERCs times S2506


$1671

$3341

$5221

$10442

$16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29

29








Commodity Charge





$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)

30



I

I

Ifrac12 2 Over 2











$2506 $6265 $12530 $19739

of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31

31




working hours

working hours





5



6









$25750 $51500 $$51500

103000



32

32




District

District



t

nd

1











Electrician

Electrician



NA

NA


NA

NA


NA

NA


NA


NA

NA


NA

NA


NA

NA

33


NIA

NIA


NIA

NIA


NIA


NIA











7


7

34

34

E NOTES

1

1

1


2

2


3

3


4

4



35

35

Board of Supervisors Babcock Ranch Community Independent Special District October 24 2019 Regular Meeting Agenda Page 2






o QUORUM CHECK



14 Public Comments

15 Adjournment


Sincerely




BABCOCK RANCH


4
























Test Results form


Pressure Test Form







inspector





















































Exhibit ldquoArdquo





















Exhibit ldquoArdquo



Exhibit ldquoBrdquo











W I T N E S S E T H




















To Grantor

With a copy to






















WITNESSES Grantor



On __________________ 20___ ____________________________ as




EXHIBIT ldquoArdquo

EASEMENT LAND










W I T N E S S E T H




















To Grantor


With a copy to





















WITNESSES Grantor




EXHIBIT ldquoArdquo

EASEMENT LAND
































Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances
























Florida

Attorney



(Affix Seal)




Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances








WITNESSETH














EXHIBIT ldquoArdquo





Phase________________________________________






_________________________________________________________



EXHIBIT ldquoArdquo


EXHIBIT ldquoBrdquo

BABCOCK RANCH


5









1







2








3









4









5








6










7


8






9

___________________________________

ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


10

____________________________

___________________________________




Its _______________________________


ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


11


Easement Agreement




12


13






OF TRACT 1-35PID422619301009 C1



GREENWAY BOULEVARD



C) J

N 89620687 0 10 20 40 E 73501408







L4 N01 middot43 43E 3677
















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft


14



(002 ACRES plusmn) 0 10 20 40


PID 42261930002 TRACT MA-5




C1





PID 422619301006



L1 N01 4343E 10674 C1 90250 103136 S865936E 16558 16581

L2 S881628E 1000 C2 90250 03822 N81 2437W 1007 1007

L3 S01 43 43W 10795


















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft

BABCOCK RANCH


6

FIN 593091319








Event Information


Street











Detail Rates






FIN 593091319


















FIN 593091319

















FIN 593091319













BABCOCK RANCH


7








2






3







RECITALS







--------

----------- ------







written above



ATTEST

Witness Name

- - -

LENNAR HOMES LLC

By Name Its


2








LENNAR ES LLC

By

Name~~~ Its Jclt- ~~L_ _----=__o~__q _____ _


2

September 26


3





























2












3














4













5














6

















7












8

8







INOTARY STAMP

me ofNotary Public

By bull



COUNTYOF Lff )

~



NOTARY STAMP




9

----

I -



I

ovemors

)



as identification

ORIDA ) )

COUNTY oFChoAoHe





By _____________


Title ______________


COUNTY OF )


NOTARY STAMP


I I


9



















11









12









13










14

---------



GRANTOR

LENNAR HOMES LLC

Witnesses

Printed Name Title

Print Name








15

--------- ---------


GRANTEEDISTRICT


Witnesses

By ------------shy










16



17



18














19







20


EXHIBIT c


21


KimleyraquogtHorn

22



23




24


















$3090




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448






25


26






Non-Residential

Account Set Up Fee



Customer Deposit








27




$3090


$48719 $58916 $140080 $155633 Actual Cost




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448









Customer Deposit











28









Commodity Charge


Inigation3


Commodity Charge

$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29






2 or less 3 4 6 8

Commodity Charge



Commodity Charge




$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per 1000 gallons)

30







2 or less 3 4 6 8






$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$613 (no maximum)

$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31








Returned Checks















$25750 $51500 $103000 $51500









32






























33








Transfer Fee $7725

















34


E NOTES






35


SPECIAL DISTRICT

10




UNAUDITED

SEPTEMBER 30 2019

General

Mitigation

Special

Revenue

Debt

Service

Series

2015

Debt

Service

Series

2018

Debt

Service

Series

2018 2B

Debt

Service

Series

2018 3A

Debt

Service

Series

2018 4

Capital

Projects

Series 2015

Capital

Projects

Series 2018

Capital

Projects

Series

2018 2B

Capital

Projects

Series

2018 3A

Capital

Projects

Series

2018 4

ASSETS


Operating 62500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 62500$


Phase 2 - 115090 - - - - - - - - - - 115090



Revenue - - 503634 86324 - - - - - - - - 589958

Prepayment - - 3997 - - - - - - - - - 3997

Reserve - - 1326150 68375 247641 800716 215679 - - - - - 2658561

Cost of issuance - - - 13698 - - - - - - - - 13698


Construction - - - - - - - - 4946 79676 - - 84622




Due from other 331 - - - - - - - - - - - 331




Prepaid expense 9906 - - - - - - - - - - - 9906

Deposits 940 - - - - - - - - - - - 940

Total assets 719234$ 139211$ 1853781$ 168397$ 340193$ 2419213$ 296410$ -$ 4946$ 12174234$ -$ -$ 18115619$

LIABILITIES

Liabilities




Due to other funds

General - - - - - - - 1713 - - - - 1713







FUND BALANCES

Nonspendable

Deposits 940 - - - - - - - - - - - 940

Restricted for

Debt service - - 1833781 168397 340193 2419213 296410 - - - - - 5057994


Unassigned (281595) 106358 - - - - - - - - - - (175237)






BALANCE SHEETS

SEPTEMBER 30 2019

Total

Governmental

Funds

Major Funds

1

Current

Month

Year to

Date Budget

of

Budget

REVENUES













Total revenues 256205 2009025 3161510 64

EXPENDITURES


Management 4000 48000 48000 100


Engineering 8340 58537 22000 266






Arbitrage - - 750 0






Audit - 8000 8000 100

Telephone 21 250 250 100



Trustee - series 2015 - 8303 8700 95

Trustee - series 2018 - 4031 5875 69


Website - 6278 1800 349






Insurance












GENERAL FUND


2

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND















Water 1003 14691 1392 1055

Sewer 618 3191 1800 177

Irrigation 7960 73168 25500 287





















Street light - FPL 910 10720 18773 57







3

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND














4

Current

Month

Year to

Date

Adopted

Budget

of

Budget



EXPENDITURES




FPL - Phase 2 - - 50000 0












5

Current

Month

Year to

Date Budget

of

Budget

REVENUES





Total revenues 311 982322 1328343 74

EXPENDITURES

Debt service

Principal - 325000 325000 100

Interest - 991100 991469 100


















6

Current

Month

Year to

Date Budget

of

Budget

REVENUES



Total revenues 249 131630 139665 94

EXPENDITURES

Debt service

Interest - 102033 102033 100


















7

Current

Month

Year to

Date

REVENUES

Interest 504$ 5067$


EXPENDITURES

Debt service

Interest - 64100




















8

Current

Month

Year to

Date

REVENUES

Interest 3584$ 34215$


EXPENDITURES

Debt service

Interest - 211027




















9

Current

Month

Year to

Date

REVENUES

Interest 439$ 4415$


EXPENDITURES

Debt service

Interest - 55913




















10

6

Current

Month

Year to

Date

REVENUES


Interest - 47


EXPENDITURES - -












11

6

Current

Month

Year to

Date

REVENUES


Interest 7 92


EXPENDITURES






Transfers in - 393











12

6

Current

Month

Year to

Date

REVENUES




EXPENDITURES


















13

6

Current

Month

Year to

Date

REVENUES

Interest -$ 65654$


EXPENDITURES - -

















14

6

Current

Month

Year to

Date

REVENUES

Interest -$ 19878$


EXPENDITURES - -

















15

ASSETS Balance

Current assets






Noncurrent assets


Total assets 884922

LIABILITIES

Current liabilities




Due to other funds






NET POSITION







SEPTEMBER 30 2019

16

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES

Residential

Water base 11525$ 97026$ 8592$ 1129

Water usage 6292 48706 9340 521

Waste water base 13350 111916 10010 1118





Commercial

Water base 2048 23591 14558 162

Water usage 1214 31787 78989 40





Fire base 226 2707 2636 103

Lot closings







Late fees 265 2647 4960 53

Total revenues 272285 2887411 1593875 181

OPERATING EXPENSES

Lease - utility 389376 4322137 2371508 182





Total expenses 389376 4402533 2465837 179









17

ASSETS Balance

Current assets





LIABILITIES

Current liabilities










NET POSITION







SEPTEMBER 30 2019

18

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES






Total revenues 10912 122431 72540 169

OPERATING EXPENSES




Insurance






Total expenses 30735 273322 $246012 111









19

BABCOCK RANCH


11

DRAFT





Florida 33982 7

8




30




35




2








54






Schedule 68

69





3





83









98






111



4



120





131








146



Issues 153 154


5




158





168





Minutes 177

178







Use of Roundup 191


6


















209



213



217



221


224 225


7


BABCOCK RANCH


12E

















Exceptions






Attachment A

Record Drawings




PLS


WITNESSETH




Attachment A

Record Drawings




PLS


WITNESSETH


Structure Bookmarks





26

th

September




Parties)

RECITALS







Artifact

Artifact



22



September 26







Figure

ATTEST

Witness Name

--

-

Figure

LENNAR HOMES LLC

By

Name

Its


September 26






















(20)

(20)

(20)

(20)



A

A


B

B


C

C


D

D


E

E


F

F


2









4 WATER QUALITY


3













4











12 INDEMNIFICA TIQN


5




1

1

1


2

2


3

3






1s ACCESS

1s ACCESS


6





17 SEVERABILITY





19 APPLICABLE LAW


20 NOTICES

20 NOTICES





7


th

th







Exhibit A

Exhibit A


Exhibit B

Exhibit B

Contract Conditions

Exhibit C

Exhibit C


Exhibit D

Exhibit D

Tariff Schedule



8

8




I


I

NOTARY STAMP

me ofNotary Public

Figure

By bull



-

Title V bull ~-



~



NOTARY STAMP

NOTARY STAMP


Figure

Figure




9

9

Figure

-


I

I

Figure

ovemors

)

~J-

~J-

~J-

-


as identification

as identification

ORIDA ) )

COUNTY oFChoAoHe

COUNTY oFChoAoHe

tlt~tfigt~ERBONE

tlt~tfigt~ERBONE


Figure


FloridAlora

FloridAlora

SoltVkaroomiddot

Figure



By _____________


Title ______________



NOTARY STAMP


I I


9

9

Sect

Table

TR

Exhibit A

TR

Form of Easement















-






1

1

1


2

2


3

3


4

4


5

5


6

6


7

7


8

8


9

9


11

11



th

th



12

12







10

10

10


11

11


12

12


13

13


14

14


15

15


16

16


17

17


18

18


19

19


20

20


21

21


13

13



GRANTOR

LENNAR HOMES LLC

Witnesses

Witnesses

Printed Name Title

Print Name

Print Name



-------

-






15

15

GRANTEEDISTRICT


Witnesses

Witnesses

By ------------shy



Print Name

Print Name

--------

-




(SEAL)

(SEAL)



16

16


17

17


EXHIBITB

CONTRACT CONDITIONS















b

b

b


c

c


19

19

4

4

4


5

5


6

6

6

Cost Allocation


EXHIBIT c


21

21

KimleyraquogtHorn

22

22


23

23


1



1





Residential

Account Set Up Fee


frac34

frac34

l








l






$3090


245346


140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633



257603


25


frac34

frac34

l




Non-Residential

Account Set Up Fee


frac34

frac34

l


Customer Deposit






1




27


193949


140080

155633

$3090



245346

$48719 $58916 $$Actual Cost

140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633

Wastewater

Wastewater

Connection Fee

Customer Deposit



Inigation Water

Connection Fee


frac34

l

lfrac12

2

Greater than 2

Customer Deposit




257603



193949

$48719

$58916

$

140080

$

155633

Actual Cost



$1442

28



metered

metered


l lfrac12

2 Over 2



2


Commodity Charge




3

$2506

$6265

$12530

$19739

of ERCs times S2506


$1671

$3341

$5221

$10442

$16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29

29








Commodity Charge





$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)

30



I

I

Ifrac12 2 Over 2











$2506 $6265 $12530 $19739

of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31

31




working hours

working hours





5



6









$25750 $51500 $$51500

103000



32

32




District

District



t

nd

1











Electrician

Electrician



NA

NA


NA

NA


NA

NA


NA


NA

NA


NA

NA


NA

NA

33


NIA

NIA


NIA

NIA


NIA


NIA











7


7

34

34

E NOTES

1

1

1


2

2


3

3


4

4



35

35

BABCOCK RANCH


4
























Test Results form


Pressure Test Form







inspector





















































Exhibit ldquoArdquo





















Exhibit ldquoArdquo



Exhibit ldquoBrdquo











W I T N E S S E T H




















To Grantor

With a copy to






















WITNESSES Grantor



On __________________ 20___ ____________________________ as




EXHIBIT ldquoArdquo

EASEMENT LAND










W I T N E S S E T H




















To Grantor


With a copy to





















WITNESSES Grantor




EXHIBIT ldquoArdquo

EASEMENT LAND
































Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances
























Florida

Attorney



(Affix Seal)




Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances








WITNESSETH














EXHIBIT ldquoArdquo





Phase________________________________________






_________________________________________________________



EXHIBIT ldquoArdquo


EXHIBIT ldquoBrdquo

BABCOCK RANCH


5









1







2








3









4









5








6










7


8






9

___________________________________

ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


10

____________________________

___________________________________




Its _______________________________


ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


11


Easement Agreement




12


13






OF TRACT 1-35PID422619301009 C1



GREENWAY BOULEVARD



C) J

N 89620687 0 10 20 40 E 73501408







L4 N01 middot43 43E 3677
















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft


14



(002 ACRES plusmn) 0 10 20 40


PID 42261930002 TRACT MA-5




C1





PID 422619301006



L1 N01 4343E 10674 C1 90250 103136 S865936E 16558 16581

L2 S881628E 1000 C2 90250 03822 N81 2437W 1007 1007

L3 S01 43 43W 10795


















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft

BABCOCK RANCH


6

FIN 593091319








Event Information


Street











Detail Rates






FIN 593091319


















FIN 593091319

















FIN 593091319













BABCOCK RANCH


7








2






3







RECITALS







--------

----------- ------







written above



ATTEST

Witness Name

- - -

LENNAR HOMES LLC

By Name Its


2








LENNAR ES LLC

By

Name~~~ Its Jclt- ~~L_ _----=__o~__q _____ _


2

September 26


3





























2












3














4













5














6

















7












8

8







INOTARY STAMP

me ofNotary Public

By bull



COUNTYOF Lff )

~



NOTARY STAMP




9

----

I -



I

ovemors

)



as identification

ORIDA ) )

COUNTY oFChoAoHe





By _____________


Title ______________


COUNTY OF )


NOTARY STAMP


I I


9



















11









12









13










14

---------



GRANTOR

LENNAR HOMES LLC

Witnesses

Printed Name Title

Print Name








15

--------- ---------


GRANTEEDISTRICT


Witnesses

By ------------shy










16



17



18














19







20


EXHIBIT c


21


KimleyraquogtHorn

22



23




24


















$3090




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448






25


26






Non-Residential

Account Set Up Fee



Customer Deposit








27




$3090


$48719 $58916 $140080 $155633 Actual Cost




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448









Customer Deposit











28









Commodity Charge


Inigation3


Commodity Charge

$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29






2 or less 3 4 6 8

Commodity Charge



Commodity Charge




$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per 1000 gallons)

30







2 or less 3 4 6 8






$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$613 (no maximum)

$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31








Returned Checks















$25750 $51500 $103000 $51500









32






























33








Transfer Fee $7725

















34


E NOTES






35


SPECIAL DISTRICT

10




UNAUDITED

SEPTEMBER 30 2019

General

Mitigation

Special

Revenue

Debt

Service

Series

2015

Debt

Service

Series

2018

Debt

Service

Series

2018 2B

Debt

Service

Series

2018 3A

Debt

Service

Series

2018 4

Capital

Projects

Series 2015

Capital

Projects

Series 2018

Capital

Projects

Series

2018 2B

Capital

Projects

Series

2018 3A

Capital

Projects

Series

2018 4

ASSETS


Operating 62500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 62500$


Phase 2 - 115090 - - - - - - - - - - 115090



Revenue - - 503634 86324 - - - - - - - - 589958

Prepayment - - 3997 - - - - - - - - - 3997

Reserve - - 1326150 68375 247641 800716 215679 - - - - - 2658561

Cost of issuance - - - 13698 - - - - - - - - 13698


Construction - - - - - - - - 4946 79676 - - 84622




Due from other 331 - - - - - - - - - - - 331




Prepaid expense 9906 - - - - - - - - - - - 9906

Deposits 940 - - - - - - - - - - - 940

Total assets 719234$ 139211$ 1853781$ 168397$ 340193$ 2419213$ 296410$ -$ 4946$ 12174234$ -$ -$ 18115619$

LIABILITIES

Liabilities




Due to other funds

General - - - - - - - 1713 - - - - 1713







FUND BALANCES

Nonspendable

Deposits 940 - - - - - - - - - - - 940

Restricted for

Debt service - - 1833781 168397 340193 2419213 296410 - - - - - 5057994


Unassigned (281595) 106358 - - - - - - - - - - (175237)






BALANCE SHEETS

SEPTEMBER 30 2019

Total

Governmental

Funds

Major Funds

1

Current

Month

Year to

Date Budget

of

Budget

REVENUES













Total revenues 256205 2009025 3161510 64

EXPENDITURES


Management 4000 48000 48000 100


Engineering 8340 58537 22000 266






Arbitrage - - 750 0






Audit - 8000 8000 100

Telephone 21 250 250 100



Trustee - series 2015 - 8303 8700 95

Trustee - series 2018 - 4031 5875 69


Website - 6278 1800 349






Insurance












GENERAL FUND


2

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND















Water 1003 14691 1392 1055

Sewer 618 3191 1800 177

Irrigation 7960 73168 25500 287





















Street light - FPL 910 10720 18773 57







3

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND














4

Current

Month

Year to

Date

Adopted

Budget

of

Budget



EXPENDITURES




FPL - Phase 2 - - 50000 0












5

Current

Month

Year to

Date Budget

of

Budget

REVENUES





Total revenues 311 982322 1328343 74

EXPENDITURES

Debt service

Principal - 325000 325000 100

Interest - 991100 991469 100


















6

Current

Month

Year to

Date Budget

of

Budget

REVENUES



Total revenues 249 131630 139665 94

EXPENDITURES

Debt service

Interest - 102033 102033 100


















7

Current

Month

Year to

Date

REVENUES

Interest 504$ 5067$


EXPENDITURES

Debt service

Interest - 64100




















8

Current

Month

Year to

Date

REVENUES

Interest 3584$ 34215$


EXPENDITURES

Debt service

Interest - 211027




















9

Current

Month

Year to

Date

REVENUES

Interest 439$ 4415$


EXPENDITURES

Debt service

Interest - 55913




















10

6

Current

Month

Year to

Date

REVENUES


Interest - 47


EXPENDITURES - -












11

6

Current

Month

Year to

Date

REVENUES


Interest 7 92


EXPENDITURES






Transfers in - 393











12

6

Current

Month

Year to

Date

REVENUES




EXPENDITURES


















13

6

Current

Month

Year to

Date

REVENUES

Interest -$ 65654$


EXPENDITURES - -

















14

6

Current

Month

Year to

Date

REVENUES

Interest -$ 19878$


EXPENDITURES - -

















15

ASSETS Balance

Current assets






Noncurrent assets


Total assets 884922

LIABILITIES

Current liabilities




Due to other funds






NET POSITION







SEPTEMBER 30 2019

16

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES

Residential

Water base 11525$ 97026$ 8592$ 1129

Water usage 6292 48706 9340 521

Waste water base 13350 111916 10010 1118





Commercial

Water base 2048 23591 14558 162

Water usage 1214 31787 78989 40





Fire base 226 2707 2636 103

Lot closings







Late fees 265 2647 4960 53

Total revenues 272285 2887411 1593875 181

OPERATING EXPENSES

Lease - utility 389376 4322137 2371508 182





Total expenses 389376 4402533 2465837 179









17

ASSETS Balance

Current assets





LIABILITIES

Current liabilities










NET POSITION







SEPTEMBER 30 2019

18

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES






Total revenues 10912 122431 72540 169

OPERATING EXPENSES




Insurance






Total expenses 30735 273322 $246012 111









19

BABCOCK RANCH


11

DRAFT





Florida 33982 7

8




30




35




2








54






Schedule 68

69





3





83









98






111



4



120





131








146



Issues 153 154


5




158





168





Minutes 177

178







Use of Roundup 191


6


















209



213



217



221


224 225


7


BABCOCK RANCH


12E

















Exceptions






Attachment A

Record Drawings




PLS


WITNESSETH




Attachment A

Record Drawings




PLS


WITNESSETH


Structure Bookmarks





26

th

September




Parties)

RECITALS







Artifact

Artifact



22



September 26







Figure

ATTEST

Witness Name

--

-

Figure

LENNAR HOMES LLC

By

Name

Its


September 26






















(20)

(20)

(20)

(20)



A

A


B

B


C

C


D

D


E

E


F

F


2









4 WATER QUALITY


3













4











12 INDEMNIFICA TIQN


5




1

1

1


2

2


3

3






1s ACCESS

1s ACCESS


6





17 SEVERABILITY





19 APPLICABLE LAW


20 NOTICES

20 NOTICES





7


th

th







Exhibit A

Exhibit A


Exhibit B

Exhibit B

Contract Conditions

Exhibit C

Exhibit C


Exhibit D

Exhibit D

Tariff Schedule



8

8




I


I

NOTARY STAMP

me ofNotary Public

Figure

By bull



-

Title V bull ~-



~



NOTARY STAMP

NOTARY STAMP


Figure

Figure




9

9

Figure

-


I

I

Figure

ovemors

)

~J-

~J-

~J-

-


as identification

as identification

ORIDA ) )

COUNTY oFChoAoHe

COUNTY oFChoAoHe

tlt~tfigt~ERBONE

tlt~tfigt~ERBONE


Figure


FloridAlora

FloridAlora

SoltVkaroomiddot

Figure



By _____________


Title ______________



NOTARY STAMP


I I


9

9

Sect

Table

TR

Exhibit A

TR

Form of Easement















-






1

1

1


2

2


3

3


4

4


5

5


6

6


7

7


8

8


9

9


11

11



th

th



12

12







10

10

10


11

11


12

12


13

13


14

14


15

15


16

16


17

17


18

18


19

19


20

20


21

21


13

13



GRANTOR

LENNAR HOMES LLC

Witnesses

Witnesses

Printed Name Title

Print Name

Print Name



-------

-






15

15

GRANTEEDISTRICT


Witnesses

Witnesses

By ------------shy



Print Name

Print Name

--------

-




(SEAL)

(SEAL)



16

16


17

17


EXHIBITB

CONTRACT CONDITIONS















b

b

b


c

c


19

19

4

4

4


5

5


6

6

6

Cost Allocation


EXHIBIT c


21

21

KimleyraquogtHorn

22

22


23

23


1



1





Residential

Account Set Up Fee


frac34

frac34

l








l






$3090


245346


140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633



257603


25


frac34

frac34

l




Non-Residential

Account Set Up Fee


frac34

frac34

l


Customer Deposit






1




27


193949


140080

155633

$3090



245346

$48719 $58916 $$Actual Cost

140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633

Wastewater

Wastewater

Connection Fee

Customer Deposit



Inigation Water

Connection Fee


frac34

l

lfrac12

2

Greater than 2

Customer Deposit




257603



193949

$48719

$58916

$

140080

$

155633

Actual Cost



$1442

28



metered

metered


l lfrac12

2 Over 2



2


Commodity Charge




3

$2506

$6265

$12530

$19739

of ERCs times S2506


$1671

$3341

$5221

$10442

$16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29

29








Commodity Charge





$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)

30



I

I

Ifrac12 2 Over 2











$2506 $6265 $12530 $19739

of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31

31




working hours

working hours





5



6









$25750 $51500 $$51500

103000



32

32




District

District



t

nd

1











Electrician

Electrician



NA

NA


NA

NA


NA

NA


NA


NA

NA


NA

NA


NA

NA

33


NIA

NIA


NIA

NIA


NIA


NIA











7


7

34

34

E NOTES

1

1

1


2

2


3

3


4

4



35

35
























Test Results form


Pressure Test Form







inspector





















































Exhibit ldquoArdquo





















Exhibit ldquoArdquo



Exhibit ldquoBrdquo











W I T N E S S E T H




















To Grantor

With a copy to






















WITNESSES Grantor



On __________________ 20___ ____________________________ as




EXHIBIT ldquoArdquo

EASEMENT LAND










W I T N E S S E T H




















To Grantor


With a copy to





















WITNESSES Grantor




EXHIBIT ldquoArdquo

EASEMENT LAND
































Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances
























Florida

Attorney



(Affix Seal)




Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances








WITNESSETH














EXHIBIT ldquoArdquo





Phase________________________________________






_________________________________________________________



EXHIBIT ldquoArdquo


EXHIBIT ldquoBrdquo

BABCOCK RANCH


5









1







2








3









4









5








6










7


8






9

___________________________________

ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


10

____________________________

___________________________________




Its _______________________________


ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


11


Easement Agreement




12


13






OF TRACT 1-35PID422619301009 C1



GREENWAY BOULEVARD



C) J

N 89620687 0 10 20 40 E 73501408







L4 N01 middot43 43E 3677
















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft


14



(002 ACRES plusmn) 0 10 20 40


PID 42261930002 TRACT MA-5




C1





PID 422619301006



L1 N01 4343E 10674 C1 90250 103136 S865936E 16558 16581

L2 S881628E 1000 C2 90250 03822 N81 2437W 1007 1007

L3 S01 43 43W 10795


















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft

BABCOCK RANCH


6

FIN 593091319








Event Information


Street











Detail Rates






FIN 593091319


















FIN 593091319

















FIN 593091319













BABCOCK RANCH


7








2






3







RECITALS







--------

----------- ------







written above



ATTEST

Witness Name

- - -

LENNAR HOMES LLC

By Name Its


2








LENNAR ES LLC

By

Name~~~ Its Jclt- ~~L_ _----=__o~__q _____ _


2

September 26


3





























2












3














4













5














6

















7












8

8







INOTARY STAMP

me ofNotary Public

By bull



COUNTYOF Lff )

~



NOTARY STAMP




9

----

I -



I

ovemors

)



as identification

ORIDA ) )

COUNTY oFChoAoHe





By _____________


Title ______________


COUNTY OF )


NOTARY STAMP


I I


9



















11









12









13










14

---------



GRANTOR

LENNAR HOMES LLC

Witnesses

Printed Name Title

Print Name








15

--------- ---------


GRANTEEDISTRICT


Witnesses

By ------------shy










16



17



18














19







20


EXHIBIT c


21


KimleyraquogtHorn

22



23




24


















$3090




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448






25


26






Non-Residential

Account Set Up Fee



Customer Deposit








27




$3090


$48719 $58916 $140080 $155633 Actual Cost




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448









Customer Deposit











28









Commodity Charge


Inigation3


Commodity Charge

$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29






2 or less 3 4 6 8

Commodity Charge



Commodity Charge




$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per 1000 gallons)

30







2 or less 3 4 6 8






$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$613 (no maximum)

$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31








Returned Checks















$25750 $51500 $103000 $51500









32






























33








Transfer Fee $7725

















34


E NOTES






35


SPECIAL DISTRICT

10




UNAUDITED

SEPTEMBER 30 2019

General

Mitigation

Special

Revenue

Debt

Service

Series

2015

Debt

Service

Series

2018

Debt

Service

Series

2018 2B

Debt

Service

Series

2018 3A

Debt

Service

Series

2018 4

Capital

Projects

Series 2015

Capital

Projects

Series 2018

Capital

Projects

Series

2018 2B

Capital

Projects

Series

2018 3A

Capital

Projects

Series

2018 4

ASSETS


Operating 62500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 62500$


Phase 2 - 115090 - - - - - - - - - - 115090



Revenue - - 503634 86324 - - - - - - - - 589958

Prepayment - - 3997 - - - - - - - - - 3997

Reserve - - 1326150 68375 247641 800716 215679 - - - - - 2658561

Cost of issuance - - - 13698 - - - - - - - - 13698


Construction - - - - - - - - 4946 79676 - - 84622




Due from other 331 - - - - - - - - - - - 331




Prepaid expense 9906 - - - - - - - - - - - 9906

Deposits 940 - - - - - - - - - - - 940

Total assets 719234$ 139211$ 1853781$ 168397$ 340193$ 2419213$ 296410$ -$ 4946$ 12174234$ -$ -$ 18115619$

LIABILITIES

Liabilities




Due to other funds

General - - - - - - - 1713 - - - - 1713







FUND BALANCES

Nonspendable

Deposits 940 - - - - - - - - - - - 940

Restricted for

Debt service - - 1833781 168397 340193 2419213 296410 - - - - - 5057994


Unassigned (281595) 106358 - - - - - - - - - - (175237)






BALANCE SHEETS

SEPTEMBER 30 2019

Total

Governmental

Funds

Major Funds

1

Current

Month

Year to

Date Budget

of

Budget

REVENUES













Total revenues 256205 2009025 3161510 64

EXPENDITURES


Management 4000 48000 48000 100


Engineering 8340 58537 22000 266






Arbitrage - - 750 0






Audit - 8000 8000 100

Telephone 21 250 250 100



Trustee - series 2015 - 8303 8700 95

Trustee - series 2018 - 4031 5875 69


Website - 6278 1800 349






Insurance












GENERAL FUND


2

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND















Water 1003 14691 1392 1055

Sewer 618 3191 1800 177

Irrigation 7960 73168 25500 287





















Street light - FPL 910 10720 18773 57







3

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND














4

Current

Month

Year to

Date

Adopted

Budget

of

Budget



EXPENDITURES




FPL - Phase 2 - - 50000 0












5

Current

Month

Year to

Date Budget

of

Budget

REVENUES





Total revenues 311 982322 1328343 74

EXPENDITURES

Debt service

Principal - 325000 325000 100

Interest - 991100 991469 100


















6

Current

Month

Year to

Date Budget

of

Budget

REVENUES



Total revenues 249 131630 139665 94

EXPENDITURES

Debt service

Interest - 102033 102033 100


















7

Current

Month

Year to

Date

REVENUES

Interest 504$ 5067$


EXPENDITURES

Debt service

Interest - 64100




















8

Current

Month

Year to

Date

REVENUES

Interest 3584$ 34215$


EXPENDITURES

Debt service

Interest - 211027




















9

Current

Month

Year to

Date

REVENUES

Interest 439$ 4415$


EXPENDITURES

Debt service

Interest - 55913




















10

6

Current

Month

Year to

Date

REVENUES


Interest - 47


EXPENDITURES - -












11

6

Current

Month

Year to

Date

REVENUES


Interest 7 92


EXPENDITURES






Transfers in - 393











12

6

Current

Month

Year to

Date

REVENUES




EXPENDITURES


















13

6

Current

Month

Year to

Date

REVENUES

Interest -$ 65654$


EXPENDITURES - -

















14

6

Current

Month

Year to

Date

REVENUES

Interest -$ 19878$


EXPENDITURES - -

















15

ASSETS Balance

Current assets






Noncurrent assets


Total assets 884922

LIABILITIES

Current liabilities




Due to other funds






NET POSITION







SEPTEMBER 30 2019

16

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES

Residential

Water base 11525$ 97026$ 8592$ 1129

Water usage 6292 48706 9340 521

Waste water base 13350 111916 10010 1118





Commercial

Water base 2048 23591 14558 162

Water usage 1214 31787 78989 40





Fire base 226 2707 2636 103

Lot closings







Late fees 265 2647 4960 53

Total revenues 272285 2887411 1593875 181

OPERATING EXPENSES

Lease - utility 389376 4322137 2371508 182





Total expenses 389376 4402533 2465837 179









17

ASSETS Balance

Current assets





LIABILITIES

Current liabilities










NET POSITION







SEPTEMBER 30 2019

18

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES






Total revenues 10912 122431 72540 169

OPERATING EXPENSES




Insurance






Total expenses 30735 273322 $246012 111









19

BABCOCK RANCH


11

DRAFT





Florida 33982 7

8




30




35




2








54






Schedule 68

69





3





83









98






111



4



120





131








146



Issues 153 154


5




158





168





Minutes 177

178







Use of Roundup 191


6


















209



213



217



221


224 225


7


BABCOCK RANCH


12E

















Exceptions






Attachment A

Record Drawings




PLS


WITNESSETH




Attachment A

Record Drawings




PLS


WITNESSETH


Structure Bookmarks





26

th

September




Parties)

RECITALS







Artifact

Artifact



22



September 26







Figure

ATTEST

Witness Name

--

-

Figure

LENNAR HOMES LLC

By

Name

Its


September 26






















(20)

(20)

(20)

(20)



A

A


B

B


C

C


D

D


E

E


F

F


2









4 WATER QUALITY


3













4











12 INDEMNIFICA TIQN


5




1

1

1


2

2


3

3






1s ACCESS

1s ACCESS


6





17 SEVERABILITY





19 APPLICABLE LAW


20 NOTICES

20 NOTICES





7


th

th







Exhibit A

Exhibit A


Exhibit B

Exhibit B

Contract Conditions

Exhibit C

Exhibit C


Exhibit D

Exhibit D

Tariff Schedule



8

8




I


I

NOTARY STAMP

me ofNotary Public

Figure

By bull



-

Title V bull ~-



~



NOTARY STAMP

NOTARY STAMP


Figure

Figure




9

9

Figure

-


I

I

Figure

ovemors

)

~J-

~J-

~J-

-


as identification

as identification

ORIDA ) )

COUNTY oFChoAoHe

COUNTY oFChoAoHe

tlt~tfigt~ERBONE

tlt~tfigt~ERBONE


Figure


FloridAlora

FloridAlora

SoltVkaroomiddot

Figure



By _____________


Title ______________



NOTARY STAMP


I I


9

9

Sect

Table

TR

Exhibit A

TR

Form of Easement















-






1

1

1


2

2


3

3


4

4


5

5


6

6


7

7


8

8


9

9


11

11



th

th



12

12







10

10

10


11

11


12

12


13

13


14

14


15

15


16

16


17

17


18

18


19

19


20

20


21

21


13

13



GRANTOR

LENNAR HOMES LLC

Witnesses

Witnesses

Printed Name Title

Print Name

Print Name



-------

-






15

15

GRANTEEDISTRICT


Witnesses

Witnesses

By ------------shy



Print Name

Print Name

--------

-




(SEAL)

(SEAL)



16

16


17

17


EXHIBITB

CONTRACT CONDITIONS















b

b

b


c

c


19

19

4

4

4


5

5


6

6

6

Cost Allocation


EXHIBIT c


21

21

KimleyraquogtHorn

22

22


23

23


1



1





Residential

Account Set Up Fee


frac34

frac34

l








l






$3090


245346


140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633



257603


25


frac34

frac34

l




Non-Residential

Account Set Up Fee


frac34

frac34

l


Customer Deposit






1




27


193949


140080

155633

$3090



245346

$48719 $58916 $$Actual Cost

140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633

Wastewater

Wastewater

Connection Fee

Customer Deposit



Inigation Water

Connection Fee


frac34

l

lfrac12

2

Greater than 2

Customer Deposit




257603



193949

$48719

$58916

$

140080

$

155633

Actual Cost



$1442

28



metered

metered


l lfrac12

2 Over 2



2


Commodity Charge




3

$2506

$6265

$12530

$19739

of ERCs times S2506


$1671

$3341

$5221

$10442

$16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29

29








Commodity Charge





$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)

30



I

I

Ifrac12 2 Over 2











$2506 $6265 $12530 $19739

of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31

31




working hours

working hours





5



6









$25750 $51500 $$51500

103000



32

32




District

District



t

nd

1











Electrician

Electrician



NA

NA


NA

NA


NA

NA


NA


NA

NA


NA

NA


NA

NA

33


NIA

NIA


NIA

NIA


NIA


NIA











7


7

34

34

E NOTES

1

1

1


2

2


3

3


4

4



35

35












Test Results form


Pressure Test Form







inspector





















































Exhibit ldquoArdquo





















Exhibit ldquoArdquo



Exhibit ldquoBrdquo











W I T N E S S E T H




















To Grantor

With a copy to


















of 7 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17c Rev 102419




WITNESSES Grantor



On __________________ 20___ ____________________________ as




EXHIBIT ldquoArdquo

EASEMENT LAND










W I T N E S S E T H




















To Grantor


With a copy to





















WITNESSES Grantor




EXHIBIT ldquoArdquo

EASEMENT LAND
































Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances
























Florida

Attorney



(Affix Seal)




Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances








WITNESSETH














EXHIBIT ldquoArdquo





Phase________________________________________






_________________________________________________________



EXHIBIT ldquoArdquo


EXHIBIT ldquoBrdquo

BABCOCK RANCH


5









1







2








3









4









5








6










7


8






9

___________________________________

ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


10

____________________________

___________________________________




Its _______________________________


ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


11


Easement Agreement




12


13






OF TRACT 1-35PID422619301009 C1



GREENWAY BOULEVARD



C) J

N 89620687 0 10 20 40 E 73501408







L4 N01 middot43 43E 3677
















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft


14



(002 ACRES plusmn) 0 10 20 40


PID 42261930002 TRACT MA-5




C1





PID 422619301006



L1 N01 4343E 10674 C1 90250 103136 S865936E 16558 16581

L2 S881628E 1000 C2 90250 03822 N81 2437W 1007 1007

L3 S01 43 43W 10795


















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft

BABCOCK RANCH


6

FIN 593091319








Event Information


Street











Detail Rates






FIN 593091319


















FIN 593091319

















FIN 593091319













BABCOCK RANCH


7








2






3







RECITALS







--------

----------- ------







written above



ATTEST

Witness Name

- - -

LENNAR HOMES LLC

By Name Its


2








LENNAR ES LLC

By

Name~~~ Its Jclt- ~~L_ _----=__o~__q _____ _


2

September 26


3





























2












3














4













5














6

















7












8

8







INOTARY STAMP

me ofNotary Public

By bull



COUNTYOF Lff )

~



NOTARY STAMP




9

----

I -



I

ovemors

)



as identification

ORIDA ) )

COUNTY oFChoAoHe





By _____________


Title ______________


COUNTY OF )


NOTARY STAMP


I I


9



















11









12









13










14

---------



GRANTOR

LENNAR HOMES LLC

Witnesses

Printed Name Title

Print Name








15

--------- ---------


GRANTEEDISTRICT


Witnesses

By ------------shy










16



17



18














19







20


EXHIBIT c


21


KimleyraquogtHorn

22



23




24


















$3090




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448






25


26






Non-Residential

Account Set Up Fee



Customer Deposit








27




$3090


$48719 $58916 $140080 $155633 Actual Cost




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448









Customer Deposit











28









Commodity Charge


Inigation3


Commodity Charge

$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29






2 or less 3 4 6 8

Commodity Charge



Commodity Charge




$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per 1000 gallons)

30







2 or less 3 4 6 8






$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$613 (no maximum)

$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31








Returned Checks















$25750 $51500 $103000 $51500









32






























33








Transfer Fee $7725

















34


E NOTES






35


SPECIAL DISTRICT

10




UNAUDITED

SEPTEMBER 30 2019

General

Mitigation

Special

Revenue

Debt

Service

Series

2015

Debt

Service

Series

2018

Debt

Service

Series

2018 2B

Debt

Service

Series

2018 3A

Debt

Service

Series

2018 4

Capital

Projects

Series 2015

Capital

Projects

Series 2018

Capital

Projects

Series

2018 2B

Capital

Projects

Series

2018 3A

Capital

Projects

Series

2018 4

ASSETS


Operating 62500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 62500$


Phase 2 - 115090 - - - - - - - - - - 115090



Revenue - - 503634 86324 - - - - - - - - 589958

Prepayment - - 3997 - - - - - - - - - 3997

Reserve - - 1326150 68375 247641 800716 215679 - - - - - 2658561

Cost of issuance - - - 13698 - - - - - - - - 13698


Construction - - - - - - - - 4946 79676 - - 84622




Due from other 331 - - - - - - - - - - - 331




Prepaid expense 9906 - - - - - - - - - - - 9906

Deposits 940 - - - - - - - - - - - 940

Total assets 719234$ 139211$ 1853781$ 168397$ 340193$ 2419213$ 296410$ -$ 4946$ 12174234$ -$ -$ 18115619$

LIABILITIES

Liabilities




Due to other funds

General - - - - - - - 1713 - - - - 1713







FUND BALANCES

Nonspendable

Deposits 940 - - - - - - - - - - - 940

Restricted for

Debt service - - 1833781 168397 340193 2419213 296410 - - - - - 5057994


Unassigned (281595) 106358 - - - - - - - - - - (175237)






BALANCE SHEETS

SEPTEMBER 30 2019

Total

Governmental

Funds

Major Funds

1

Current

Month

Year to

Date Budget

of

Budget

REVENUES













Total revenues 256205 2009025 3161510 64

EXPENDITURES


Management 4000 48000 48000 100


Engineering 8340 58537 22000 266






Arbitrage - - 750 0






Audit - 8000 8000 100

Telephone 21 250 250 100



Trustee - series 2015 - 8303 8700 95

Trustee - series 2018 - 4031 5875 69


Website - 6278 1800 349






Insurance












GENERAL FUND


2

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND















Water 1003 14691 1392 1055

Sewer 618 3191 1800 177

Irrigation 7960 73168 25500 287





















Street light - FPL 910 10720 18773 57







3

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND














4

Current

Month

Year to

Date

Adopted

Budget

of

Budget



EXPENDITURES




FPL - Phase 2 - - 50000 0












5

Current

Month

Year to

Date Budget

of

Budget

REVENUES





Total revenues 311 982322 1328343 74

EXPENDITURES

Debt service

Principal - 325000 325000 100

Interest - 991100 991469 100


















6

Current

Month

Year to

Date Budget

of

Budget

REVENUES



Total revenues 249 131630 139665 94

EXPENDITURES

Debt service

Interest - 102033 102033 100


















7

Current

Month

Year to

Date

REVENUES

Interest 504$ 5067$


EXPENDITURES

Debt service

Interest - 64100




















8

Current

Month

Year to

Date

REVENUES

Interest 3584$ 34215$


EXPENDITURES

Debt service

Interest - 211027




















9

Current

Month

Year to

Date

REVENUES

Interest 439$ 4415$


EXPENDITURES

Debt service

Interest - 55913




















10

6

Current

Month

Year to

Date

REVENUES


Interest - 47


EXPENDITURES - -












11

6

Current

Month

Year to

Date

REVENUES


Interest 7 92


EXPENDITURES






Transfers in - 393











12

6

Current

Month

Year to

Date

REVENUES




EXPENDITURES


















13

6

Current

Month

Year to

Date

REVENUES

Interest -$ 65654$


EXPENDITURES - -

















14

6

Current

Month

Year to

Date

REVENUES

Interest -$ 19878$


EXPENDITURES - -

















15

ASSETS Balance

Current assets






Noncurrent assets


Total assets 884922

LIABILITIES

Current liabilities




Due to other funds






NET POSITION







SEPTEMBER 30 2019

16

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES

Residential

Water base 11525$ 97026$ 8592$ 1129

Water usage 6292 48706 9340 521

Waste water base 13350 111916 10010 1118





Commercial

Water base 2048 23591 14558 162

Water usage 1214 31787 78989 40





Fire base 226 2707 2636 103

Lot closings







Late fees 265 2647 4960 53

Total revenues 272285 2887411 1593875 181

OPERATING EXPENSES

Lease - utility 389376 4322137 2371508 182





Total expenses 389376 4402533 2465837 179









17

ASSETS Balance

Current assets





LIABILITIES

Current liabilities










NET POSITION







SEPTEMBER 30 2019

18

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES






Total revenues 10912 122431 72540 169

OPERATING EXPENSES




Insurance






Total expenses 30735 273322 $246012 111









19

BABCOCK RANCH


11

DRAFT





Florida 33982 7

8




30




35




2








54






Schedule 68

69





3





83









98






111



4



120





131








146



Issues 153 154


5




158





168





Minutes 177

178







Use of Roundup 191


6


















209



213



217



221


224 225


7


BABCOCK RANCH


12E

















Exceptions






Attachment A

Record Drawings




PLS


WITNESSETH




Attachment A

Record Drawings




PLS


WITNESSETH


Structure Bookmarks





26

th

September




Parties)

RECITALS







Artifact

Artifact



22



September 26







Figure

ATTEST

Witness Name

--

-

Figure

LENNAR HOMES LLC

By

Name

Its


September 26






















(20)

(20)

(20)

(20)



A

A


B

B


C

C


D

D


E

E


F

F


2









4 WATER QUALITY


3













4











12 INDEMNIFICA TIQN


5




1

1

1


2

2


3

3






1s ACCESS

1s ACCESS


6





17 SEVERABILITY





19 APPLICABLE LAW


20 NOTICES

20 NOTICES





7


th

th







Exhibit A

Exhibit A


Exhibit B

Exhibit B

Contract Conditions

Exhibit C

Exhibit C


Exhibit D

Exhibit D

Tariff Schedule



8

8




I


I

NOTARY STAMP

me ofNotary Public

Figure

By bull



-

Title V bull ~-



~



NOTARY STAMP

NOTARY STAMP


Figure

Figure




9

9

Figure

-


I

I

Figure

ovemors

)

~J-

~J-

~J-

-


as identification

as identification

ORIDA ) )

COUNTY oFChoAoHe

COUNTY oFChoAoHe

tlt~tfigt~ERBONE

tlt~tfigt~ERBONE


Figure


FloridAlora

FloridAlora

SoltVkaroomiddot

Figure



By _____________


Title ______________



NOTARY STAMP


I I


9

9

Sect

Table

TR

Exhibit A

TR

Form of Easement















-






1

1

1


2

2


3

3


4

4


5

5


6

6


7

7


8

8


9

9


11

11



th

th



12

12







10

10

10


11

11


12

12


13

13


14

14


15

15


16

16


17

17


18

18


19

19


20

20


21

21


13

13



GRANTOR

LENNAR HOMES LLC

Witnesses

Witnesses

Printed Name Title

Print Name

Print Name



-------

-






15

15

GRANTEEDISTRICT


Witnesses

Witnesses

By ------------shy



Print Name

Print Name

--------

-




(SEAL)

(SEAL)



16

16


17

17


EXHIBITB

CONTRACT CONDITIONS















b

b

b


c

c


19

19

4

4

4


5

5


6

6

6

Cost Allocation


EXHIBIT c


21

21

KimleyraquogtHorn

22

22


23

23


1



1





Residential

Account Set Up Fee


frac34

frac34

l








l






$3090


245346


140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633



257603


25


frac34

frac34

l




Non-Residential

Account Set Up Fee


frac34

frac34

l


Customer Deposit






1




27


193949


140080

155633

$3090



245346

$48719 $58916 $$Actual Cost

140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633

Wastewater

Wastewater

Connection Fee

Customer Deposit



Inigation Water

Connection Fee


frac34

l

lfrac12

2

Greater than 2

Customer Deposit




257603



193949

$48719

$58916

$

140080

$

155633

Actual Cost



$1442

28



metered

metered


l lfrac12

2 Over 2



2


Commodity Charge




3

$2506

$6265

$12530

$19739

of ERCs times S2506


$1671

$3341

$5221

$10442

$16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29

29








Commodity Charge





$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)

30



I

I

Ifrac12 2 Over 2











$2506 $6265 $12530 $19739

of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31

31




working hours

working hours





5



6









$25750 $51500 $$51500

103000



32

32




District

District



t

nd

1











Electrician

Electrician



NA

NA


NA

NA


NA

NA


NA


NA

NA


NA

NA


NA

NA

33


NIA

NIA


NIA

NIA


NIA


NIA











7


7

34

34

E NOTES

1

1

1


2

2


3

3


4

4



35

35





inspector





















































Exhibit ldquoArdquo





















Exhibit ldquoArdquo



Exhibit ldquoBrdquo











W I T N E S S E T H




















To Grantor

With a copy to






















WITNESSES Grantor



On __________________ 20___ ____________________________ as



of 7 E-mail utilityinspectionsBabcockRanchCommunityISDcom Telephone 800-826-5721 Form 17c Rev 102419

EXHIBIT ldquoArdquo

EASEMENT LAND










W I T N E S S E T H




















To Grantor


With a copy to





















WITNESSES Grantor




EXHIBIT ldquoArdquo

EASEMENT LAND
































Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances
























Florida

Attorney



(Affix Seal)




Exhibit A

Property


Exhibit ldquoBrdquo

Encumbrances








WITNESSETH














EXHIBIT ldquoArdquo





Phase________________________________________






_________________________________________________________



EXHIBIT ldquoArdquo


EXHIBIT ldquoBrdquo

BABCOCK RANCH


5









1







2








3









4









5








6










7


8






9

___________________________________

ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


10

____________________________

___________________________________




Its _______________________________


ACKNOWLEDGMENT






Print Name _________________________

Commission No _____________________


11


Easement Agreement




12


13






OF TRACT 1-35PID422619301009 C1



GREENWAY BOULEVARD



C) J

N 89620687 0 10 20 40 E 73501408







L4 N01 middot43 43E 3677
















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft


14



(002 ACRES plusmn) 0 10 20 40


PID 42261930002 TRACT MA-5




C1





PID 422619301006



L1 N01 4343E 10674 C1 90250 103136 S865936E 16558 16581

L2 S881628E 1000 C2 90250 03822 N81 2437W 1007 1007

L3 S01 43 43W 10795


















OCT 2019 20192003-000 19-42-26 1 = 40 1 OF 1

KMR
Draft

BABCOCK RANCH


6

FIN 593091319








Event Information


Street











Detail Rates






FIN 593091319


















FIN 593091319

















FIN 593091319













BABCOCK RANCH


7








2






3







RECITALS







--------

----------- ------







written above



ATTEST

Witness Name

- - -

LENNAR HOMES LLC

By Name Its


2








LENNAR ES LLC

By

Name~~~ Its Jclt- ~~L_ _----=__o~__q _____ _


2

September 26


3





























2












3














4













5














6

















7












8

8







INOTARY STAMP

me ofNotary Public

By bull



COUNTYOF Lff )

~



NOTARY STAMP




9

----

I -



I

ovemors

)



as identification

ORIDA ) )

COUNTY oFChoAoHe





By _____________


Title ______________


COUNTY OF )


NOTARY STAMP


I I


9



















11









12









13










14

---------



GRANTOR

LENNAR HOMES LLC

Witnesses

Printed Name Title

Print Name








15

--------- ---------


GRANTEEDISTRICT


Witnesses

By ------------shy










16



17



18














19







20


EXHIBIT c


21


KimleyraquogtHorn

22



23




24


















$3090




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448






25


26






Non-Residential

Account Set Up Fee



Customer Deposit








27




$3090


$48719 $58916 $140080 $155633 Actual Cost




$406850 $529420 $616970 $801340 $962329 $1132382 $1262265 $1470840 $1910650 $2226448









Customer Deposit











28









Commodity Charge


Inigation3


Commodity Charge

$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29






2 or less 3 4 6 8

Commodity Charge



Commodity Charge




$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per 1000 gallons)

30







2 or less 3 4 6 8






$2506 $6265 $12530 $19739 of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons

$2932 (all meters)

$613 (no maximum)

$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31








Returned Checks















$25750 $51500 $103000 $51500









32






























33








Transfer Fee $7725

















34


E NOTES






35


SPECIAL DISTRICT

10




UNAUDITED

SEPTEMBER 30 2019

General

Mitigation

Special

Revenue

Debt

Service

Series

2015

Debt

Service

Series

2018

Debt

Service

Series

2018 2B

Debt

Service

Series

2018 3A

Debt

Service

Series

2018 4

Capital

Projects

Series 2015

Capital

Projects

Series 2018

Capital

Projects

Series

2018 2B

Capital

Projects

Series

2018 3A

Capital

Projects

Series

2018 4

ASSETS


Operating 62500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 62500$


Phase 2 - 115090 - - - - - - - - - - 115090



Revenue - - 503634 86324 - - - - - - - - 589958

Prepayment - - 3997 - - - - - - - - - 3997

Reserve - - 1326150 68375 247641 800716 215679 - - - - - 2658561

Cost of issuance - - - 13698 - - - - - - - - 13698


Construction - - - - - - - - 4946 79676 - - 84622




Due from other 331 - - - - - - - - - - - 331




Prepaid expense 9906 - - - - - - - - - - - 9906

Deposits 940 - - - - - - - - - - - 940

Total assets 719234$ 139211$ 1853781$ 168397$ 340193$ 2419213$ 296410$ -$ 4946$ 12174234$ -$ -$ 18115619$

LIABILITIES

Liabilities




Due to other funds

General - - - - - - - 1713 - - - - 1713







FUND BALANCES

Nonspendable

Deposits 940 - - - - - - - - - - - 940

Restricted for

Debt service - - 1833781 168397 340193 2419213 296410 - - - - - 5057994


Unassigned (281595) 106358 - - - - - - - - - - (175237)






BALANCE SHEETS

SEPTEMBER 30 2019

Total

Governmental

Funds

Major Funds

1

Current

Month

Year to

Date Budget

of

Budget

REVENUES













Total revenues 256205 2009025 3161510 64

EXPENDITURES


Management 4000 48000 48000 100


Engineering 8340 58537 22000 266






Arbitrage - - 750 0






Audit - 8000 8000 100

Telephone 21 250 250 100



Trustee - series 2015 - 8303 8700 95

Trustee - series 2018 - 4031 5875 69


Website - 6278 1800 349






Insurance












GENERAL FUND


2

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND















Water 1003 14691 1392 1055

Sewer 618 3191 1800 177

Irrigation 7960 73168 25500 287





















Street light - FPL 910 10720 18773 57







3

Current

Month

Year to

Date Budget

of

Budget





GENERAL FUND














4

Current

Month

Year to

Date

Adopted

Budget

of

Budget



EXPENDITURES




FPL - Phase 2 - - 50000 0












5

Current

Month

Year to

Date Budget

of

Budget

REVENUES





Total revenues 311 982322 1328343 74

EXPENDITURES

Debt service

Principal - 325000 325000 100

Interest - 991100 991469 100


















6

Current

Month

Year to

Date Budget

of

Budget

REVENUES



Total revenues 249 131630 139665 94

EXPENDITURES

Debt service

Interest - 102033 102033 100


















7

Current

Month

Year to

Date

REVENUES

Interest 504$ 5067$


EXPENDITURES

Debt service

Interest - 64100




















8

Current

Month

Year to

Date

REVENUES

Interest 3584$ 34215$


EXPENDITURES

Debt service

Interest - 211027




















9

Current

Month

Year to

Date

REVENUES

Interest 439$ 4415$


EXPENDITURES

Debt service

Interest - 55913




















10

6

Current

Month

Year to

Date

REVENUES


Interest - 47


EXPENDITURES - -












11

6

Current

Month

Year to

Date

REVENUES


Interest 7 92


EXPENDITURES






Transfers in - 393











12

6

Current

Month

Year to

Date

REVENUES




EXPENDITURES


















13

6

Current

Month

Year to

Date

REVENUES

Interest -$ 65654$


EXPENDITURES - -

















14

6

Current

Month

Year to

Date

REVENUES

Interest -$ 19878$


EXPENDITURES - -

















15

ASSETS Balance

Current assets






Noncurrent assets


Total assets 884922

LIABILITIES

Current liabilities




Due to other funds






NET POSITION







SEPTEMBER 30 2019

16

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES

Residential

Water base 11525$ 97026$ 8592$ 1129

Water usage 6292 48706 9340 521

Waste water base 13350 111916 10010 1118





Commercial

Water base 2048 23591 14558 162

Water usage 1214 31787 78989 40





Fire base 226 2707 2636 103

Lot closings







Late fees 265 2647 4960 53

Total revenues 272285 2887411 1593875 181

OPERATING EXPENSES

Lease - utility 389376 4322137 2371508 182





Total expenses 389376 4402533 2465837 179









17

ASSETS Balance

Current assets





LIABILITIES

Current liabilities










NET POSITION







SEPTEMBER 30 2019

18

Current

Month

Year to

Date Budget

of

Budget

OPERATING REVENUES






Total revenues 10912 122431 72540 169

OPERATING EXPENSES




Insurance






Total expenses 30735 273322 $246012 111









19

BABCOCK RANCH


11

DRAFT





Florida 33982 7

8




30




35




2








54






Schedule 68

69





3





83









98






111



4



120





131








146



Issues 153 154


5




158





168





Minutes 177

178







Use of Roundup 191


6


















209



213



217



221


224 225


7


BABCOCK RANCH


12E

















Exceptions






Attachment A

Record Drawings




PLS


WITNESSETH




Attachment A

Record Drawings




PLS


WITNESSETH


Structure Bookmarks





26

th

September




Parties)

RECITALS







Artifact

Artifact



22



September 26







Figure

ATTEST

Witness Name

--

-

Figure

LENNAR HOMES LLC

By

Name

Its


September 26






















(20)

(20)

(20)

(20)



A

A


B

B


C

C


D

D


E

E


F

F


2









4 WATER QUALITY


3













4











12 INDEMNIFICA TIQN


5




1

1

1


2

2


3

3






1s ACCESS

1s ACCESS


6





17 SEVERABILITY





19 APPLICABLE LAW


20 NOTICES

20 NOTICES





7


th

th







Exhibit A

Exhibit A


Exhibit B

Exhibit B

Contract Conditions

Exhibit C

Exhibit C


Exhibit D

Exhibit D

Tariff Schedule



8

8




I


I

NOTARY STAMP

me ofNotary Public

Figure

By bull



-

Title V bull ~-



~



NOTARY STAMP

NOTARY STAMP


Figure

Figure




9

9

Figure

-


I

I

Figure

ovemors

)

~J-

~J-

~J-

-


as identification

as identification

ORIDA ) )

COUNTY oFChoAoHe

COUNTY oFChoAoHe

tlt~tfigt~ERBONE

tlt~tfigt~ERBONE


Figure


FloridAlora

FloridAlora

SoltVkaroomiddot

Figure



By _____________


Title ______________



NOTARY STAMP


I I


9

9

Sect

Table

TR

Exhibit A

TR

Form of Easement















-






1

1

1


2

2


3

3


4

4


5

5


6

6


7

7


8

8


9

9


11

11



th

th



12

12







10

10

10


11

11


12

12


13

13


14

14


15

15


16

16


17

17


18

18


19

19


20

20


21

21


13

13



GRANTOR

LENNAR HOMES LLC

Witnesses

Witnesses

Printed Name Title

Print Name

Print Name



-------

-






15

15

GRANTEEDISTRICT


Witnesses

Witnesses

By ------------shy



Print Name

Print Name

--------

-




(SEAL)

(SEAL)



16

16


17

17


EXHIBITB

CONTRACT CONDITIONS















b

b

b


c

c


19

19

4

4

4


5

5


6

6

6

Cost Allocation


EXHIBIT c


21

21

KimleyraquogtHorn

22

22


23

23


1



1





Residential

Account Set Up Fee


frac34

frac34

l








l






$3090


245346


140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633



257603


25


frac34

frac34

l




Non-Residential

Account Set Up Fee


frac34

frac34

l


Customer Deposit






1




27


193949


140080

155633

$3090



245346

$48719 $58916 $$Actual Cost

140080

155633



$$$$$$$$$$

406850

529420

616970

801340

962329

1132382

1262265

1470840

1910650

2226448


140080

155633

Wastewater

Wastewater

Connection Fee

Customer Deposit



Inigation Water

Connection Fee


frac34

l

lfrac12

2

Greater than 2

Customer Deposit




257603



193949

$48719

$58916

$

140080

$

155633

Actual Cost



$1442

28



metered

metered


l lfrac12

2 Over 2



2


Commodity Charge




3

$2506

$6265

$12530

$19739

of ERCs times S2506


$1671

$3341

$5221

$10442

$16707 $497 per 1000 gallons

$2932 (all meters)


$829 $249 (per l000 gallons)



29

29








Commodity Charge





$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)

30



I

I

Ifrac12 2 Over 2











$2506 $6265 $12530 $19739

of ERCs times S2506



$1671 $3341 $5221 $10442 $16707 $497 per 1000 gallons


$829 $249 (per 1000 gallons)


$2055 $265 per 1000 gallons


31

31




working hours

working hours





5



6









$25750 $51500 $$51500

103000



32

32




District

District



t

nd

1











Electrician

Electrician



NA

NA


NA

NA


NA

NA


NA


NA

NA


NA

NA


NA

NA

33


NIA

NIA


NIA

NIA


NIA


NIA











7


7

34

34

E NOTES

1

1

1


2

2


3

3


4

4



35

35

babcock ranch community independent special district

Documents