FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III

Transcription

1 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III DISTRICT OFFICE 3434 COLWELL AVENUE SUITE 200 TAMPA, FLORIDA FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III BOARD OF SUPERVISORS MEETING NOVEMBER 5, 2014

2 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III AGENDA NOVEMBER 5, 2014 at 7:00 p.m. Fishhawk Ranch Tennis Club Courtside View Drive Lithia, FL Board of Supervisors Tom Panaseny Chairman John Wren Vice-Chairman Pam Parisi Assistant Secretary Lynda McMorrow Assistant Secretary Zeep McMenamy Assistant Secretary District Manager Matthew Huber Rizzetta & Company, Inc. District Counsel Biff Craine Petitt Worrell Craine Wolfe LLC District Engineer Tim Plate Heidt Design, LLC All Cellular phones and pagers must be turned off during the meeting. The District Agenda is comprised of five different sections: The meeting will begin promptly at 7:00 p.m. with the first section which is called Audience Comments. The Audience Comment portion of the agenda is where individuals may comment on matters that concern the District. Each individual is limited to three (3) minutes for such comment. The Board of Supervisors or Staff is not obligated to provide a response until sufficient time for research or action is warranted. IF THE COMMENT CONCERNS A MAINTENANCE RELATED ITEM, THE ITEM WILL NEED TO BE ADDRESSED BY THE DISTRICT MANAGER OUTSIDE THE CONTEXT OF THIS MEETING. The second section is called Business Administration. The Business Administration section contains items that require the review and approval of the District Board of Supervisors as a normal course of business. The third section is called Business Items. The business items section contains items for approval by the District Board of Supervisors that may require discussion, motion and votes on an item-by-item basis. Occasionally, certain items for decision within this section are required by Florida Statute to be held as a Public Hearing. During the Public Hearing portion of the agenda item, each member of the public will be permitted to provide one comment on the issue, prior to the Board of Supervisors discussion, motion and vote. Agendas can be reviewed by contacting the Manager s office at (813) at least seven days in advance of the scheduled meeting. Requests to place items on the agenda must be submitted in writing with an explanation to the District Manager at least fourteen (14) days prior to the date of the meeting. The fourth section is called Staff Reports. This section allows the District Manager, Engineer, and Attorney to update the Board of Supervisors on any pending issues that are being researched for Board action. The final section is called Supervisor Requests. This is the section in which the Supervisors may request Staff to prepare certain items in an effort to meet residential needs. Public workshops sessions may be advertised and held in an effort to provide informational services. These sessions allow staff or consultants to discuss a policy or business matter in a more informal manner and allow for lengthy presentations prior to scheduling the item for approval. Typically no motions or votes are made during these sessions. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the District Office at (813) , at least 48 hours before the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) , who can aid you in contacting the District Office. Any person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that this same person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based.

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5 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III REQUEST FOR PROPOSALS District Auditing Services for Fiscal Years Ending September 30, 2014, 2015 and 2016 Hillsborough County, Florida INSTRUCTIONS TO PROPOSERS SECTION 1. DUE DATE. Sealed proposals must be received no later than November 21, 2014, at 12:00 p.m., at the office of District Manager, Rizzetta & Company, Inc., located at 3434 Colwell Avenue, Suite 200, Tampa, Florida Proposals will be publicly opened at that time. SECTION 2. FAMILIARITY WITH THE LAW. By submitting a proposal, the Proposer is assumed to be familiar with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Proposer will in no way relieve it from responsibility to perform the work covered by the proposal in compliance with all such laws, ordinances and regulations. SECTION 3. QUALIFICATIONS OF PROPOSER. The contract, if awarded, will only be awarded to a responsible Proposer who is qualified by experience and licensing to do the work specified herein. The Proposer shall submit with its proposal satisfactory evidence of experience in similar work and show that it is fully prepared to complete the work to the satisfaction of the District. SECTION 4. SUBMISSION OF ONLY ONE PROPOSAL. Proposers shall be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization. SECTION 5. SUBMISSION OF PROPOSAL. Submit eight (8) copies of the Proposal Documents and one (1) digital copy to mhuber@rizzetta.com and other requested attachments at the time and place indicated herein, which shall be enclosed in an opaque sealed envelope, marked with the title Auditing Services Fishhawk Community Development District III on the face of it. SECTION 6. MODIFICATION AND WITHDRAWAL. Proposals may be modified or withdrawn by an appropriate document duly executed and delivered to the place where proposals are to be submitted at any time prior to the time and date the proposals are due. No proposal may be withdrawn after opening for a period of ninety (90) days. 1

6 SECTION 7. PROPOSAL DOCUMENTS. The proposal documents shall consist of the notice announcing the request for proposals, these instructions, the Evaluation Criteria Sheet and a proposal with all required documentation pursuant to Section 12 of these instructions (the Proposal Documents ). SECTION 8. PROPOSAL. In making its proposal, each Proposer represents that it has read and understands the Proposal Documents and that the proposal is made in accordance therewith. SECTION 9. BASIS OF AWARD/RIGHT TO REJECT. The District reserves the right to reject any and all proposals, make modifications to the work, and waive any informalities or irregularities in proposals as it is deemed in the best interests of the District. SECTION 10. CONTRACT AWARD. Within fourteen (14) days of receipt of the Notice of Award from the District, the Proposer shall enter into and execute a Contract (engagement letter) with the District. SECTION 11. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District s limited waiver of liability contained in section , Florida Statutes, or any other statute or law. SECTION 12. MISCELLANEOUS. All proposals shall include the following information in addition to any other requirements of the proposal documents. A. List position or title of all personnel to perform work on the District audit. Include resumes for each person listed; list years of experience in present position for each party listed and years of related experience. B. Describe proposed staffing levels, including resumes with applicable certifications. C. Three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person. D. The lump sum cost of the provision of the services under the proposal, with pricing, for a completion date of February 28, SECTION 13. PROTESTS. Any protest regarding the Proposal Documents, must be filed in writing, at the offices of the District Manager, within seventy-two (72) hours after the receipt of the proposed project plans and specifications or other contract documents. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid plans, specifications or contract documents. 2

7 SECTION 14. EVALUATION OF PROPOSALS. The criteria to be used in the evaluation of proposals are presented in the Evaluation Criteria Sheet, contained within the Proposal Documents. 3

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9 AUDITOR SELECTION EVALUATION CRITERIA 1. Ability of Personnel. (20 Points) (e.g., geographic locations of the firm s headquarters or permanent office in relation to the project; capabilities and experience of key personnel; present ability to manage this project; evaluation of existing work load; proposed staffing levels, etc.) 2. Proposer s Experience. (20 Points) (e.g. past record and experience of the Proposer in similar projects; volume of work previously performed by the firm; past performance for other Community Development Districts in other contracts; character, integrity, reputation, of respondent, etc.) 3. Understanding of Scope of Work. (20 Points) Extent to which the proposal demonstrates an understanding of the District s needs for the services requested. 4. Ability to Furnish the Required Services. (20 Points) Extent to which the proposal demonstrates the adequacy of Proposer s financial resources and stability as a business entity necessary to complete the services required (e.g. the existence of any natural disaster plan for business operations). 5. Price (20 Points) Points will be awarded based upon the price bid for the rendering of the services and reasonable ness of the price to the services Total (100 Points)

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11 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III REQUEST FOR PROPOSALS FOR ANNUAL AUDIT SERVICES The Fishhawk Community Development District III ( District ) hereby requests proposals for annual financial auditing services. The proposal must provide for the auditing of the District s financial records for the fiscal year ending September 30, 2014, with an option for two (2) additional annual renewals. The District is a local unit of special-purpose government created under Chapter 190, Florida Statutes, for the purpose of financing, constructing, and maintaining public infrastructure. The District is located in Hillsborough County, Florida, and has an annual operating budget of approximately $1,511, dollars and debt payments associated with Series 2001 bonds. The final contract will require that, among other things, the audit for the period ending September 30, 2014 will be completed no later than February 28, The auditing entity submitting a proposal must be duly licensed under Chapter 173, Florida Statutes, and be qualified to conduct audits in accordance with Government Auditing Standards, as adopted by the Florida Board of Accountancy. Audits shall be conducted in accordance with Florida Law and particularly Section , Florida Statutes, and the rules of the Florida Auditor General. Proposal packages, which include additional qualification requirements, evaluation criteria, and instructions to proposers (please note some items have changed, see Section 12), are available from the District Manager at the address and telephone number listed below. Proposers must provide eight (8) copies and one (1) digital copy of their proposal to Matthew Huber, District Manager, Rizzetta & Company, Inc., 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614, (813) , in an envelope marked on the outside Auditing Services Fishhawk Community Development District. III Proposals must be received by 12:00 p.m., on November 21, 2014, at the office of the District Manager. Please direct all questions regarding this Notice in writing to Mr. Joe Kennedy jkennedy@rizzetta.com. Fishhawk Community Development District III Matthew Huber, District Manager Publish date: 11/9/14

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15 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III October 14, 2014 Minutes of Meeting Page 1 MINUTES OF MEETING Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III The regular meeting of the Board of Supervisors of Fishhawk Community Development District III was held on Tuesday, October 14, 2014 at 9:00 a.m. at the Palmetto Club, located at Dorman Road, Lithia, Florida Present and constituting a quorum: Tom Panaseny John Wren Zeep McMenamy Lynda McMorrow Board Supervisor, Chairman Board Supervisor, Vice Chairman Board Supervisor, Assistant Secretary Board Supervisor, Assistant Secretary Also present were: Matthew Huber Bryan Rizzetta Biff Craine Tim Plate Darlene Blair Holly Quigley Dave Freiman Audience Members FIRST ORDER OF BUSINESS District Manager, Rizzetta & Company, Inc. Associate D.M., Rizzetta & Company, Inc. District Counsel, PWCWP District Engineer, Heidt Design LCAM Community Director Tennis Club Manager Present Call to Order Mr. Huber called the meeting to order and read the roll call. SECOND ORDER OF BUSINESS Audience Comments An audience member requested a basketball court. An audience member inquired about a shade structure for the pool and park area. An audience member inquired about the intent of equalizing all three CDD s.

16 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III October 14, 2014 Minutes of Meeting Page 2 THIRD ORDER OF BUSINESS Consent Agenda Items/Business Administration A. Consideration of the Minutes of the Board of Supervisors Regular Meeting held on August 12, Tab 1 B. Consideration of the Operations & Maintenance Expenditures For July August Tab 2 C. Consideration of the Operations & Maintenance Expenditures For July August 2013 Tennis Club... Tab 3 On a Motion by Mr. Wren seconded by Mr. Panaseny, with all in favor, the Board approved items A-C for Fishhawk Community Development District III. FOURTH ORDER OF BUSINESS Presentation of Special Assessment Bonds, Series 2011, Requisitions #537-#539, #542- #544 and #546-#548 (see recap) On a Motion by Mr. Panaseny seconded by Ms. McMenamy, with all in favor, the Board approved Requisitions #537-#539, #542-#544 and #546-#548 for Fishhawk Community Development District III. FIFTH ORDER OF BUSINESS Presentation of Special Assessment Bonds, Series 2011, Requisitions #540-#541 and #549 over $100,000 (see recap) On a Motion by Mr. Panaseny, seconded by Ms. McMorrow with all in favor, the Board approved Requisition #540 for RIPA & Associates ($287,975.02) for Fishhawk Community Development District III. On a Motion by Mr. Panaseny, seconded by Ms. McMenamy with all in favor, the Board approved Requisition #541 for RIPA & Associates, LLC ($362,924.09) for Fishhawk Community Development District III. On a Motion by Mr. Panaseny, seconded by Ms. McMenamy with all in favor, the Board approved Requisition #549 for RIPA & Associates, LLC ($255,413.97) for Fishhawk Community Development District III.

17 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III October 14, 2014 Minutes of Meeting Page 3 SIXTH ORDER OF BUSINESS Consideration of Change Orders for Construction Executed by Chairman per Resolution (see recap) On a Motion by Mr. Wren, seconded by Ms. McMorrow, with all in favor, the Board ratified Change Orders for Construction Executed by Chairman per Resolution for Fishhawk Community Development District III. SEVENTH ORDER OF BUSINESS Discussion of Tennis Club Membership A continued discussion was held regarding potential business opportunities for tennis club memberships. EIGHTH ORDER OF BUSINESS Establishment of Audit Committee On a Motion by Mr. Wren, seconded by Mr. Panaseny, with all in favor, the Board appointment the Board Supervisors as the Audit Committee Members and scheduled the first audit committee meeting for November 5, 2014 to be held 15 minutes prior to the regular meeting at Fishhawk Ranch Tennis Club, located at Courtside View Drive, Lithia, Florida for Fishhawk Community Development District III. NINTH ORDER OF BUSINESS Presentation of Field Operations Report Mr. Huber presented the field operations report. There is a change in the account manager from Fishhawk CDD and Fishhawk CDD II for Fishhawk CDD III. The trimming of palms is ongoing and the trimming of oaks will start soon. TENTH ORDER OF BUSINESS Presentation of USDA Report Mr. Huber presented the USDA report. ELEVENTH ORDER OF BUSINESS Consideration of Florida Highway Patrol Contract On a Motion by Mr. Wren, seconded by Mr. Panaseny, with all in favor, the Board approved the Florida Highway Patrol Contract for Fishhawk Community Development District III. TWELFTH ORDER OF BUSINESS Discussion of True Up (under separate cover) This item was tabled until the November meeting.

18 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III October 14, 2014 Minutes of Meeting Page 4 THIRTEENTH ORDER OF BUSINESS Consideration of Resolution ; Setting Landowners Meeting On a Motion by Mr. Panaseny, seconded by Ms. McMorrow, with all in favor, the Board adopted Resolution ; Setting Landowners Election for January 13, 2015 at 9:00 a.m. to be held at Fishhawk Ranch Tennis Club, located at Courtside View Drive, Lithia, Florida for Fishhawk Community Development District III. FOURTEENTH ORDER OF BUSINESS Consideration of Resolution ; Setting Fiscal Year 2014/2015 Meeting Schedule Mr. Huber presented Resolution for the Board s approval and discussed a location change to the Fishhawk Ranch Tennis Club, located at Courtside View Drive, Lithia, Florida The Board also directed staff to change the day and time of the meeting to the first Wednesday of each month at 7:00 p.m. On a Motion by Mr. Wren, seconded by Ms. McMorrow, with all in favor, the Board adopted Resolution ; Setting Fiscal Year 2014/2015 Meeting Schedule and changing the day and time of the meeting to be the first Wednesday of each month at 7:00 p.m. for Fishhawk Community Development District III. On a Motion by Mr. Panaseny, seconded by Mr. Wren, with all in favor, the Board approved to change the location of the meetings to the Fishhawk Ranch Tennis Club, located at Courtside View Drive, Lithia, Florida for Fishhawk Community Development District III. FIFTEENTH ORDER OF BUSINESS Consideration of Resolution ; Amending Deferred Payment Schedule for Debt Service Assessments On a Motion by Mr. Panaseny, seconded by Ms. McMorrow, with all in favor, the Board adopted Resolution ; Amending Deferred Payment Schedule for Debt Service Assessments for Fishhawk Community Development District III. SIXTEENTH ORDER OF BUSINESS Consideration of Access Drainage & Fence Easement Agreement (under separate cover) Mr. Plate will prepare an exhibit for the agreement. This item was tabled until the November 5, 2014 meeting.

19 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III October 14, 2014 Minutes of Meeting Page 5 SEVENTEENTH ORDER OF BUSINESS Staff Reports A. District Counsel No report. The Fishhawk Tennis Center Recreation Program and Amenity Management Agreement was presented. A discussion ensued. On a Motion by Mr. Wren, seconded by Mr. Panaseny, with all in favor, the Board accepted the Fishhawk Tennis Center Recreation Program and Amenity Management Agreement per District Counsels revisions as discussed to include Starling HOA for Fishhawk Community Development District III. B. District Engineer Mr. Plate updated the Board on the drainage modifications in the Villa block which is near completion and Heidt Design will submit to the County in the next week or two for a right of way use permit and will forward a copy of the plans and package as submitted to the County. C. Community Director Ms. Quigley presented her report to the Board. The splash pool pump should be completed the week of October 20, Mr. Panaseny stated the sink change can be charged to the Developer. D. Tennis Club Manager Mr. Freiman presented his report to the Board. Mr. Freiman and Mrs. Fullerton requested the use of the Tennis Courts for Tennis for Fun, a special needs group. The Board inquired if Tennis for Fun can list Fishhawk CDD III as additional insured. On a Motion by Mr. Panaseny, seconded by Ms. McMorrow, with all in favor, the Board approved the use of the Tennis Courts for Tennis for Fun as discussed and contingent upon Fishhawk CDD III listed as additional insured for Fishhawk Community Development District III. E. District Manager Mr. Huber stated that the next regular Board Meeting will be held on Wednesday, November 5, 2014 at 7:00 p.m. at the Fishhawk Ranch Tennis Club, located at Courtside View Drive, Lithia, Florida EIGHTEENTH ORDER OF BUSINESS Supervisor Requests No supervisor requests.

20 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III October 14, 2014 Minutes of Meeting Page 6 NINETEENTH ORDER OF BUSINESS Adjournment On a Motion by Mr. Wren, seconded by Ms. McMenamy, with all in favor, the Board adjourned the meeting at 10:46 a.m. for Fishhawk Community Development District III. Secretary/Assistant Secretary Chairman/Vice Chairman

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22 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III DISTRICT OFFICE 3434 COLWELL AVENUE SUITE 200 TAMPA, FLORIDA Operation and Maintenance Expenditures September 2014 For Board Approval Attached please find the check register listing the Operation and Maintenance expenditures paid from September 1, 2014 through September 30, This does not include expenditures previously approved by the Board. The total items being presented: $76, Approval of Expenditures: Chairman Vice Chairman Assistant Secretary

23 Fishhawk Community Development District III Paid Operation & Maintenance Expenses September 1, 2014 Through September 30, Cash-Operating New - SunTrust Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Alvarez Plumbing Inc Plumbing Services $ Aquatic Systems Inc Lake and Wetland Services 08/14 $ Crossroads Ace Hardware Maint. Supplies $ Dynamark Security & Sound Monitoring Electronic Security $ System/Cellular Backup First Coast Security Security 08/11/14-08/17/14 - Split $ w/fh1 & 2 First Coast Security Security 08/18/14-08/24/14 - Split $ w/fh1 & 2 First Coast Security Security 09/01/14-09/07/14 - Split $ w/fh1 & 2 Fishhawk CDD III CD056 Debit Card Replenishment $ Greenworks Inc Tree Removal $ Heidt Design, LLC Engineering Services 08/14 $ Hillsborough County B.O.C.C / Starling Crossing Dr 08/14 $ Hillsborough County B.O.C.C / Starling Crossing/16323 Bayberry $ View 08/14 Hillsborough County BOCC False Alarm Fee $ Infinity Computer Solutions, IT Support $ LLC Municipal Asset Management, Equipment Lease Pmt Sep 14 $ 1, Inc. NVirotect Pest Control Pest Control 08/14 $ Palm Supply Janitorial Supplies $ Payne Air Conditioning A/C Service Call $ Payne Air Conditioning A/C Service Call $ 1, Republic Services # Starling Crossing Dr 09/14 $ RIPA & Associates, LLC 9918 RA Punchlist for Repair - Phase 2B2 $ 1, Rizzetta & Company, Inc District Management Fees 09/14 $ 5,546.24

24 Fishhawk Community Development District III Paid Operation & Maintenance Expenses September 1, 2014 Through September 30, Cash-Operating New - SunTrust Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Royce Integrated Solutions Repairs for Storm Damage $ 4, Stahl & Associates Insurance Preferred Package & Public Officials $ 15, /15 Starling Fishhawk Ranch HOA /01/14 Starling Club 08/14 $ 13, Suncoast Pool Service Pool Service 08/14 $ 1, Tampa Electric Company 9912 TECO Summary 08/14 Summary 08/14 $ 11, TECO Peoples Gas / Starling Crossing Dr 08/14 $ USDA-APHIS Animal/Plant Inspection Services - split $ w/ FH1 & FH2 USDA-APHIS Animal/Plant Inspection Services - split $ 3, w/ FH1 & FH2 ValleyCrest Landscape Landscape & Irrigation Maintenance $ 10, /14 Vanguard Cleaning Systems of Janitorial Services 08/14 $ 2, Tampa Bay Verizon Florida, LLC / /14 $ Report Total $ 76,457.59

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107 FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III DISTRICT OFFICE 3434 COLWELL AVENUE SUITE 200 TAMPA, FLORIDA Operation and Maintenance Expenditures September 2014 For Board Approval Tennis Club Attached please find the check register listing the Operation and Maintenance expenditures paid from September 1, 2014 through September 30, This does not include expenditures previously approved by the Board. The total items being presented: $13, Approval of Expenditures: Chairman Vice Chairman Assistant Secretary

108 Fishhawk Community Development District III Tennis Club Paid Operation & Maintenance Expenses September 1, 2014 Through September 30, Cash-Tennis Club Operating New - SunTrust Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Babolat 0612 TC Tennis Club Merchandise $ Babolat 0626 TC Tennis Club Merchandise $ Conley Water Cooler Service 0618 TC Water Cooler Repairs $ Dynamark Security & Sound 0627 TC Monitoring Electronic Security $ System/Cellular Backup First Data Global Leasing 0619 TC Lease Agreement Buyout $ Fishhawk CDD III CD057 Debit Card Replenishment $ Florida Department of Revenue 0625 TC Sales Tax 08/14 Sales Tax for Pro-Shop Sales 08/14 $ Hillsborough County B.O.C.C TC / Courtside View Dr 08/14 $ Nestle Pure Life Direct 0613 TC 04H Water Service 08/14 $ NVirotect Pest Control 0628 TC Pest Control 06/14 - Bees $ NVirotect Pest Control 0620 TC Pest Control 08/14 $ Palm Supply 0621 TC Janitorial Supplies - Split w/fh3 $ Republic Services # TC Courtside View Dr. 09/14 $ Royal Service & Equipment, Inc TC 8976 Ice Machine Repairs $ Royal Service & Equipment, Inc TC Ice Machine Repairs $ Starling Fishhawk Ranch HOA 0615 TC 08/01/14 Tennis Club 08/14 $ 7, Tampa Electric Company 0623 TC TECO Summary 08/14 Summary 08/14 $ 1, The Tennis Connection of West Florida Inc. The Tennis Connection of West Florida Inc. Vanguard Cleaning Systems of Tampa Bay Verizon Florida, LLC 0624 TC TC Aug 14 50% TC Profits from Merchandise $ / TC String - 08/14 Tennis Club String Sales - 08/14 $ TC Monthly Janitorial Services 08/14 $ /14 $ Report Total $ 13,822.40

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151 Consideration: $10.00 Documentary Stamps: $.70 Prepared by and when recorded return to: Christina M. Breiner, Esq. FELDMAN & MAHONEY, P.A C U.S. Highway 19 North Suite 600 Clearwater, FL ACCESS, DRAINAGE AND FENCE EASEMENT AGREEMENT THIS ACCESS, DRAINAGE AND FENCE EASEMENT AGREEMENT ( Agreement ) is made as of, 2014, by NNP IV-LAKE HUTTO, LLC, a Delaware limited liability company ( Grantor ), whose address is 777 South Harbour Island Boulevard, Suite 320, Tampa, Florida 33602, and FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III, a local unit of special purpose government organized and existing under Chapter 190, Florida Statutes ( Grantee ), whose address is 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614, with reference to the following facts: A. Grantor is the owner of that certain real property (the Property ) depicted on the plat of PRESERVE AT FISHHAWK RANCH PHASE 2, recorded in Plat Book 122, Pages 296 through 306, inclusive, of the Public Records of Hillsborough County, Florida (the Plat ). B. Grantor reserved by way of the Plat the right to grant easements to Grantee with respect to those portions of the Property labeled as (CDD) Drainage/Access Easement, and (CDD) Fence Easement on the Plat, and Grantor desires to grant such easements as more particularly set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Grant of Drainage Easement. Subject to the terms and conditions set forth herein, Grantor hereby grants to Grantee, its successors and assigns, a perpetual, non-exclusive easement ( Drainage Easement ) on, over, under, upon and through those portions of the Property labeled as (CDD) Drainage/Access Easement on the Plat (collectively, the DE Areas ), for purposes of (a) installation, operation, maintenance, repair and replacement of common drainage and storm water management systems and facilities, as determined by Grantee from time to time (collectively, the Drainage Improvements ), serving all or a portion of the multi-phased residential community located in Hillsborough County, Florida, commonly known as the Preserve at Fishhawk Ranch, which community is comprised of the land described in Exhibit A of the Amended and Restated Supplement to the Community Charter for Starling Fishhawk Ranch (Preserve at Fishhawk Ranch Phases 1 and 2) recorded in Official Records Book 22705, Page 714, each in the Public Records of Hillsborough County, Florida, as same may be amended and supplemented from time to time (the Preserve Community ) and (b) storm water drainage purposes. The Drainage Easement shall include associated

152 rights of ingress and egress for Grantee and its employees and contractors over the DE Areas for purposes of exercising the easement rights granted herein. Grantee shall exercise the Drainage Easement in a reasonable manner, in a manner which does not unreasonably interfere with Grantor s use or operation of the Property, and in compliance with all applicable laws, statutes, ordinances, rules, codes, regulations, permits and approvals (including, without limitation, applicable environmental resource and water management district permits and approvals). Any work performed by or on behalf of Grantee pursuant to the Drainage Easement shall be performed in a good, workmanlike and lien-free manner. 3. Grant of Access Easement. Subject to the terms and conditions set forth herein, Grantor hereby grants to Grantee, its successors and assigns, a perpetual, non-exclusive easement ( Access Easement ) on, over, upon and through those portions of the Property labeled as (CDD) Drainage/Access Easement on the Plat (collectively, the AE Areas ), for purposes of: (a) access to any land now or hereafter owned by Grantee which is located adjacent to any of the AE Areas, if and to the extent that Grantee has no other reasonable means of access thereto; and (b) access to any DE Areas or FE Areas (as hereinafter defined) located adjacent to any of the AE Areas, if and to the extent that Grantee has no other reasonable means of access thereto. Grantee shall exercise the Access Easement in a reasonable manner, in a reasonable manner, in a manner which does not unreasonably interfere with Grantor s use or operation of the Property, and in compliance with all applicable laws, statutes, ordinances, rules, codes, regulations, permits and approvals. Any work performed by or on behalf of Grantee pursuant to the Access Easement shall be performed in a good, workmanlike and lien-free manner. 4. Grant of Fence Easement. Subject to the terms and conditions set forth herein, Grantor hereby grants to Grantee, its successors and assigns, a perpetual, non-exclusive easement ( Fence Easement ) on, over, under, upon and through those portions of the Property labeled as (CDD) Fence Easement on the Plat (collectively, the FE Areas ), for purposes of installation, maintenance, repair and replacement of fences (hereinafter collectively referred to as the Fence Improvements ) separating the area labeled as E.L.A.P.P. Property on the Plat from other land depicted on the Plat, as required by applicable governmental or quasi-governmental permits, requirements and/or approvals, including (without limitation) zoning requirements and approvals. The Fence Easement shall include associated rights of ingress and egress for Grantee and its employees and contractors over the FE Areas for purposes of exercising the easement rights granted herein. Grantee shall exercise the Fence Easement in a reasonable manner, in a manner which does not unreasonably interfere with Grantor s use or operation of the Property, and in compliance with all applicable laws, statutes, ordinances, rules, codes, regulations, permits and approvals. Any work performed by or on behalf of Grantee pursuant to the Fence Easement shall be performed in a good, workmanlike and lien-free manner. The Drainage Easement, Access Easement and Fence Easement are sometimes collectively referred to herein as the Easements ; the DE Areas, the AE Areas and the FE Areas are sometimes collectively referred to herein as the Easement Areas ; and the Drainage Improvements and the Fence Improvements are sometimes collectively referred to herein as the Improvements. 5. Maintenance and Repair. Grantee shall be responsible, at Grantee s sole cost and expense, for the maintenance and repair of all Improvements installed by or on behalf of Grantee within the Easement Areas. If Grantee or any of its agents, employees or contractors cause any damage whatsoever to the Easement Areas, Property or any improvements located thereon now or in the future, Grantee shall promptly, at Grantee s sole cost and expense, repair or replace the damaged portion of the Easement Areas, Property and/or improvements located thereon, as applicable, to the condition existing prior to such damage. Access, Drainage and Fence EasementV2 2

153 6. As-Is. The Easements are granted to and accepted by Grantee in AS IS condition and without any warranty or representation, express or implied, by Grantor as to the condition or suitability for Grantee s purposes or otherwise. Grantee acknowledges that the Easements granted herein are subject to all easements, restrictions, reservations and other matters of record affecting title to the Easement Areas. 7. Indemnity / Sovereign Immunity. To the extent permitted by applicable law, Grantee shall indemnify Grantor from and against any and all liability, costs, damage or expense resulting from Grantee s exercise of its easement rights as set forth herein. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of Grantee to the extent provided by Section , Florida Statutes, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 8. Reservation of Rights. Grantor reserves unto itself, its successors and assigns: (a) all rights and privileges of using the Easement Areas, provided any such use does not unreasonably interfere with Grantee s ability to exercise the Easements in accordance with the terms hereof; and (b) the right to dedicate and/or grant easements in, upon, over, under, through and across the Easement Areas for any lawful purpose, provided any such easements do not unreasonably interfere with Grantee s ability to exercise the Easements in accordance with the terms hereof. 9. Covenants Running With the Land; Binding Effect; Assignment. The rights and burdens created hereby shall constitute covenants running with the land, burdening the Easement Area, binding upon Grantor and its successors in title as to the Easement Area, and binding upon and inuring to the benefit of Grantee and its successors and assigns (as to which Grantee lawfully assigns its rights and obligations hereunder). 10. Amendment; Waiver. This Agreement may not be amended or modified except by written document executed by (a) Grantee or or its successors or assigns, and (b) the Grantor named herein, for so long as such Grantor owns any portion of the Property, and Grantor s successors in title as to any portion of the Easement Area actually affected by any such amendment or modification. No waiver of any provision hereof shall be effective unless done so in writing signed by the party entitled to enforce such matter, nor shall any single waiver constitute a waiver of any subsequent obligation. 11. Attorneys Fees. In the event of any dispute arising under this Agreement, the prevailing party in such action shall be entitled, in addition to all other relief granted or awarded by the court, to a judgment for its reasonable attorneys and paralegals fees and costs incurred by reason of such action and all costs of mediation, arbitration, suit at both the trial and appellate levels, and any bankruptcy action. This provision shall survive termination of this Agreement. 12. Governing Law; Venue. This Agreement shall be governed in accordance with Florida law. Venue for any dispute arising under this Agreement shall lie exclusively in the courts located in Hillsborough County, Florida. 13. Counterparts. This Agreement may be executed in two or more separate counterparts, each of which shall be deemed an original, and all of which when taken together, shall constitute one and the same instrument. 14. No Third Party Beneficiaries; No Public Dedication. No person or entity shall be deemed a beneficiary of the terms of this Agreement, unless specifically provided for herein. The Access, Drainage and Fence EasementV2 3

154 Easements granted hereby and other terms and conditions of this Agreement shall not constitute dedications to the public, and no member of the public shall have any rights hereunder. 15. Notices. Any notices to be delivered pursuant to this Agreement shall be delivered to the parties at the addresses set forth in the preamble hereof. Any party may change its address for notice purposes by delivering written notice thereof to the other parties. Notices required by this Agreement shall be effective if delivered by hand, overnight courier service, facsimile, or U.S. Mail, postage prepaid. Notices shall be deemed received within three (3) days of deposit in the mail if sent by U.S. Mail, upon receipt by the sender of an electronic confirmation if sent by facsimile, upon delivery if hand delivered, and one (1) business day after deposit with any overnight courier service if sent in such manner. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. GRANTOR: Witnesses: NNP IV-LAKE HUTTO, LLC, a Delaware limited liability company Print Name: By: Rick Harcrow, Senior Vice President Print Name: STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of, 2014, by Rick Harcrow, as Senior Vice President of NNP IV-LAKE HUTTO, LLC, a Delaware limited liability company, on behalf of the company. He is [ ] personally known to me or [ ] has produced a as identification. NOTARY PUBLIC Print or Stamp Name My Commission Expires: NOTARY SEAL: [Signatures Continue on Following Page] Access, Drainage and Fence EasementV2 4

155 Grantee s Signature Page to Access, Drainage and Fence Easement Agreement GRANTEE: Witnesses: FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III, a local unit of special purpose government, organized and existing under Chapter 190, Florida Statutes Print Name: By: Thomas J. Panaseny, Chairman Print Name: STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of, 2014, by Thomas J. Panaseny, as Chairman of FishHawk Community Development District III, a local unit of special purpose government, organized and existing under Chapter 190, Florida Statutes, on behalf of said entity. He is [ ] personally known to me or [ ] has produced a as identification. NOTARY PUBLIC Print or Stamp Name My Commission Expires: NOTARY SEAL: Access, Drainage and Fence EasementV2 5

156 LENDER S CONSENT AND JOINDER THE UNDERSIGNED, NASH FINANCING, LLC, a Delaware limited liability company ( Mortgagee ), as the holder of that certain Mortgage, Assignment of Rents, Security Agreement and Fixture Filing by NNP IV-LAKE HUTTO, LLC, a Delaware limited liability company, as Mortgagor, in favor of Mortgagee, recorded in Official Records Book 20888, Page 1253, et seq., in the Public Records of Hillsborough County, Florida (the Public Records ), and that UCC Financing Statement recorded in Official Records Book 20888, Page 1281, et seq., in the Public Records (collectively, the Mortgage ), hereby (a) joins in the Access, Drainage and Fence Easement Agreement granted by NNP IV-LAKE HUTTO, LLC, a Delaware limited liability company, to FISHHAWK COMMUNITY DEVELOPMENT DISTRICT III, a local unit of special purpose government organized and existing under Chapter 190, Florida Statutes, to which this Consent and Joinder is attached (the Easement ), (b) consents to the terms and conditions of such Easement, and (c) subordinates the lien of the Mortgage to such Easement. IN WITNESS WHEREOF, the Mortgagee hereby executes this Lender s Consent and Joinder by and through its authorized representatives on this day of, Signed, sealed and delivered in the presence of: NASH FINANCING, LLC, a Delaware limited liability company Signature of Witness #1 Typed/Printed Name of Witness #1 By: Authorized Signatory Address: Signature of Witness #2 c/o North America Sekisui House, LLC 2101 Wilson Boulevard, Suite 1004 Typed/Printed Name of Witness #2 Arlington, Virginia STATE OF CALIFORNIA } } COUNTY OF } On this day of, 2014, before me (notary public), personally appeared (print name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (notary public) (NOTARY SEAL) Access, Drainage and Fence EasementV2 6

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190 Starling at FishHawk Ranch Amenity Contract Quarterly Fee Analysis July-August 2014 Results By Quarter Quarter Payments Actual Payroll Actual Expenses Variation % of Change 2 $63, $53, $ $10, % 3 $63, $63, $ $ % 4 $63, $54, $0.00 -$9, % Year To Date $191, $171, $ $20, %