Preston Cove Community Development District

Meeting Agenda November 21, 2024

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Preston Cove
Community Development District

219 East Livingston Street, Orlando, Florida 32801 Phone: 407-841-5524 – Fax: 407-839-1526
November 14, 2024
Board of Supervisors Preston Cove Community Development District

Dear Board Members:
The regular meeting of the Board of Supervisors of Preston Cove Community Development District will be held Thursday, November 21, 2024 at 9:00 AM at 8 Broadway, Suite 104, Kissimmee, Florida 34741. Following is the advance agenda for the meeting:

Roll Call
Public Comment Period
Approval of Minutes of the October 24, 2024 Board of Supervisors Meeting
Consideration of Service Agreements for Lighting Services with Orlando Utilities Commission
Ratification of Aquatic Plant Management Agreement with Aquatic Weed Management
Ratification of Landscape Management Agreement with Blade Runners
Staff Reports
Attorney
Engineer
District Manager’s Report
Check Register
Balance Sheet and Income Statement
Field Manager’s Report
Other Business
Supervisors Requests
Adjournment

The balance of the agenda will be discussed at the meeting. In the meantime, if you should have any questions, please do not hesitate to contact me.
Sincerely,
Jeremy LeBrun
Jeremy LeBrun District Manager

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MINUTES OF MEETING PRESTON COVE
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Preston Cove Community Development District was held Thursday, October 24, 2024, at 9:00 a.m. at 8 Broadway, Suite 104, Kissimmee, Florida.

Present and constituting a quorum:

Shaman Foradi	Chairperson
Owais Khanani	Vice Chairman
Maria Rust	Assistant Secretary Also present were:
Jeremy LeBrun	District Manager, GMS
Jay Lazarovich	District Counsel, Latham Luna
Shawn Hindle	District Engineer
Jarett Wright	Field Manager, GMS

FIRST ORDER OF BUSINESS	Roll Call
Mr. LeBrun called the meeting to order at 9:45 a.m. Three Supervisors were present constituting a quorum.

SECOND ORDER OF BUSINESS	Public Comment Period
There were no members of the public present, just Board and staff.

THIRD ORDER OF BUSINESS	Organizational Matters
Acceptance of Resignation of Michael Rich, Seat #4
Mr. LeBrun presented Michael Rich’s resignation from seat #4.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, Accepting Resignation of Michael Rich from Seat #4, was approved 3-0.

Appointment of Individual to Fulfill Board Vacancy in Seat #4
Ms. Rust nominated Maria Sanchez to fill seat #4.

On MOTION by Ms. Rust, seconded by Mr. Foradi, with all in favor, the Appointment of Maria Sanchez to Seat #4, was approved 3-0.

Administration of Oath of Office to Newly Appointed Board Member
Mr. LeBrun noted Ms. Sanchez is not in attendance today so the oath of office will be administered before the next meeting that she attends.

Consideration of Resolution 2025-02 Electing Assistant Secretary
Mr. LeBrun stated the Board can redo all of the offices or appoint Ms. Sanchez into the Assistant Secretary that was filled by Michael Rich.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, Resolution 2025-02 Appointing Maria Sanchez as Assistant Secretary, was approved 3-0.

FOURTH ORDER OF BUSINESS	Approval of Minutes of the April 25, 2024
Board of Supervisors Meeting and August 27, 2024 Emergency Meeting
Mr. LeBrun presented the minutes from the April 25, 2024 Board of Supervisors meeting and August 27, 2024 emergency meeting. He offered to take any questions or comments, if not, looking for a motion to approve the minutes.

On MOTION by Mr. Foradi, seconded by Ms. Rust, with all in favor, the Minutes from the April 25, 2024 Board of Supervisors and August 27, 2024 Emergency Meetings, was approved 3-0.

FIFTH ORDER OF BUSINESS	Consideration	of	Resolution	2025-01
Ratifying the Actions of the District Manager and Chairman in Resetting and Noticing the Public Hearing
Mr. Lazarovich noted this resolution is ratifying all actions taken by the District Manager and Chairman in resetting the public hearings and scheduling the emergency meeting as well as all actions taken at the emergency meeting. Attached as an exhibit to this resolution is an affidavit of the District Manager. Jeremy was present at the original scheduled public hearing and made sure no one from the public was present. If someone were to show up, he was going to take down their comment so the District would be abiding by statute. No one was present so this affidavit is attesting to that information.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, Resolution 2025-01 Ratifying the Actions of the District Manager and Chairman in Resetting and Noticing the Public Hearing, was approved 3-0.

SIXTH ORDER OF BUSINESS	Consideration	of	Termination	of
Temporary Construction Easement Agreement with Cap 5 Development, LLC
Mr. Foradi noted he has a conflict of interest so abstaining from voting on this item. Mr. Lazarovich stated the Board accepted a temporary construction easement with Cap 5 Development. They were alerted that Cap 5 was no longer working on that project so wanted to clear title with this termination. There will be a new temporary construction easement with another contractor.

On MOTION by Mr. Khanani, seconded by Ms. Rust, with all in favor, the Termination of Temporary Construction Easement Agreement with Cap 5 Development, LLC, was approved 2-0 – Mr. Foradi abstained due to conflict, form submitted.

SEVENTH ORDER OF BUSINESS	Consideration	of	Non-Exclusive
Temporary	Construction	Easement Agreement with Luxer Development, LLC
Mr. Lazarovich stated this is the same form as the previous temporary construction easement just with Luxer Development, LLC. It is for a term of 12 months and would automatically

terminate at that point. This will be recorded in the public records. He offered to take any questions. Mr. Foradi noted he will abstain from voting on this item due to a conflict of interest.

On MOTION by Mr. Khanani, seconded by Ms. Rust, with all in favor, the Non-Exclusive Temporary Construction Easement Agreement with Luxer Development, LLC, was approved 2-0 – Mr. Foradi abstained due to conflict, form submitted.

EIGHTH ORDER OF BUSINESS	Ratification of Request to Transfer Permit
Mr. Lazarovich stated he looked at this and had no issues with this permit transfer. Mr. Hindle noted it is something the Water Management District is doing with their permits now. Its cleaning up the records to put the permits into the name of the current ownership.

On MOTION by Mr. Khanani seconded by Mr. Foradi, with all in favor, the Request to Transfer Permit, was ratified 3-0.

NINTH ORDER OF BUSINESS	Ratification of the Estoppel Agreement
Mr. Lazarovich stated his office prepared an Estoppel Agreement. There were some unpaid invoices from Elevation Preston Cove, LLC. This agreement was put together to make sure any outstanding invoices were all cleared within 10 days. He understands everything has been cleared and leans have been released.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, the Estoppel Agreement, was ratified 3-0.

TENTH ORDER OF BUSINESS	Review and Acceptance Fiscal Year 2023
Audit Report
Mr. LeBrun noted each year Districts are required to undergo an independent third-party audit. Grau & Associates was selected as the District’s auditor and completed the FY2023 audit. It was a clean audit with no current or prior year findings.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, Acceptance of Fiscal Year 2023 Audit Report, was approved.

ELEVENTH ORDER OF BUSINESS	Staff Reports
Attorney
Discussion of South Florida Water Management District Updated Violation
Mr. Lazarovich updated the Board that the items in the letter date June 10th have been taken care of. Elevation paid the fine from the water management district. This matter is closed.

Memorandum Regarding Recently Enacted Legislation
Mr. Lazarovich updated the Board on recent enacted legislation. He noted the Board approved a Deed of Dedication with the county and he is moving forward with recording that deed. He noted the deadline for ethics training is in December 2024 and is reported on Form 1 in 2025. Mr. LeBrun will resend ethics training links to the Board.

Engineer
Mr. Hindle had nothing to report.

District Manager’s Report
Check Register
Mr. LeBrun presented the check register from April 1st through May 31st from the general fund checks 93-94 & 95-98 totaling $281,601.37. The check register from July 1st through July 31st general fund checks 106-109 for $23,909.88. On page 140 of the agenda is the check register from August 1st through August 31st checks 110-112 & 113-115 totaling $27,111.32 and line-by- line register follows. He offered to take any questions.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, the Check Registers, were approved 3-0.

Balance Sheet and Income Statement
Mr. LeBrun presented the unaudited financials through August 31, 2024. There is no action required by the Board.

Approval of Fiscal Year 2025 Meeting Dates
Mr. LeBrun presented the FY25 meeting dates on page 155 of the agenda package. It is the fourth Thursday of the month with exception of the week of Thanksgiving.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, the Fiscal Year 2025 Meeting Dates, were approved 3-0.

Presentation of Number of Registered Voters – 0
Mr. LeBrun noted as of April 15, 2024 there were 0 registered voters in the CDD.

Consideration of Proposal for Field Operations Management Agreement
Mr. LeBrun stated currently the Board is contracted with GMS for District Management Services. This is adding on the field management aspect and formalizes the agreement.

On MOTION by Mr. Foradi, seconded by Mr. Khanani, with all in favor, the Proposal of Proposal for Field Operations Management Agreement, was approved.

Field Manager’s Report
Mr. Wright presented the Field Managers Report on page 164 of the agenda package.

Consideration of Proposals for Landscape Maintenance
Blade Runners Commercial Landscaping Orlando – $132K/year
CLI Professional Landscaping - $125,352/year
D’ Best Lawn Care - $146,710/year
Exalt Outdoor Services - $125,292/year
Mr. Wright noted he does not have any issues with Exalt the current vendor. They are local with quick response time and address things as needed. The only concern is this is their first CDD and the property isn’t as good as he would like to see it. He recommended Blade Runners overall.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, the Proposal from Blade Runners for Landscape Maintenance, was approved 3-0.

Consideration of Proposals for Aquatic Maintenance
Aquatic Weed Management - $950/month
Exalt Outdoor Services - $1,200/month
Solitude Lake Management - $900/month
Mr. Wright presented proposals for aquatic maintenance which covers all 5 ponds. He recommended Aquatic Weed Management. Their performance and standards are better.

On MOTION by Mr. Khanani, seconded by Ms. Rust, with all in favor, Aquatic Weed Management for Pond Maintenance & Board, Staff and Chair to Execute Agreements, was approved 3-0.

Consideration of Proposals for Pond Bank Erosion Repair
Exalt Outdoor Services Tract 25 Repair
Exalt Outdoor Services Tract 31 Repair
Mr. Wright presented proposals from Exalt for pond bank erosion. Tract 25 repair for
$2,750 and tract 31 repair for $3,550.

On MOTION by Mr. Khanani, seconded by Mr. Foradi, with all in favor, the Exalt Proposal for Pond Bank Erosion Repair – Tracts 25 & 31, was approved 3-0.

TWELFTH ORDER OF BUSINESS	Other Business
There being no comments, the next item followed.

THIRTEENTH ORDER OF BUSINESS	Supervisors Requests
There being no comments, the next item followed.

FOURTEENTH ORDER OF BUSINESS	Adjournment
Mr. LeBrun adjourned the meeting.

On MOTION by Mr. Khanani, seconded by Ms. Rust, with all in favor, the meeting was adjourned.

Secretary/Assistant Secretary	Chairman/Vice Chairman

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Prepared by and return to:
Wayne Morris, Deputy General Counsel Orlando Utilities Commission
100 W. Anderson Street, Orlando, Florida 32801
For Recording Purposes Only

SERVICE AGREEMENT FOR LIGHTING SERVICE PRESTON COVE PH 1A
This Agreement is entered into this     day of 	 20 , by and between ORLANDO UTILITIES COMMISSION, whose address is 100 West Anderson Street, Orlando, Florida 32801 (“OUC”) and PRESTON COVE COMMUNITY DEVELOPMENT DISTRICT, whose address is 219 E Livingston St, Orlando, FL 32801, (“Customer”), for the provision of Lighting Service as more particularly set forth below.

DEFINITIONS

“BILLING CYCLE” shall mean the time between the reading date of the prior month bill and the reading date of the current month bill for the lighting Service provided by OUC during that time.

“CUSTOMER” shall mean the legal entity that owns the premises receiving Lighting Service and is responsible for paying the CUSTOMER bill.

“FORCE MAJEURE EVENT” means any event beyond OUC’s reasonable control which results in the failure of some performance under this agreement, including without limitation, acts of God, epidemics, lightning, storms, earthquakes, fires, floods and washouts; strikes, lockouts or other industrial disturbances; acts of the public enemy, wars, blockades, insurrections, civil disturbances and riots; arrests, orders, directives or restraints of government agencies, either local, state, federal, civil or military; or acts of CUSTOMER which prevent OUC from providing Lighting Service.
“INSTALLATION DATE” shall mean the date entered in Exhibit 1, for each phase of the project, upon which OUC is to commence installation of the LIGHTING EQUIPMENT.

“LIGHTING EQUIPMENT” means poles, wires, fixtures, conduit, junction boxes, bases, photocells, controllers, and any other associated parts.

“LIGHTING SERVICE” shall collectively mean, all such installation, operation, maintenance and (if applicable) electric supply services.
“OUC” shall mean ORLANDO UTILITIES COMMISSION, a statutory commission created and existing under the laws of the state of Florida and the municipal utility of the City of Orlando.

SECTION 1:	OUC AGREES THAT DURING THE TERM OF THIS AGREEMENT IT SHALL:
Install the Lighting Equipment listed in Exhibit 1, under the heading entitled “OUC Installed Lighting Equipment” on the CUSTOMER’s property more specifically described in Exhibit 1 (the “Property”), operate and maintain all such Lighting Equipment, and if possible under applicable laws and regulations, provide electric service necessary for the operation of the Lighting Equipment, all in accordance with the rates set forth in Exhibit 1 and the terms and provisions set forth in this Agreement.

Bill CUSTOMER, monthly, for Lighting Service based on the rates set forth in Exhibit 1; provided, however that OUC shall be entitled to adjust the rates charged for Lighting Service as set forth in Exhibit 1. OUC shall annually deliver notice to the CUSTOMER of any such changes to the Lighting Service rates.

SECTION 2: THE CUSTOMER AGREES THAT DURING THE TERM OF THIS AGREEMENT IT SHALL:
Whenever possible under applicable laws and regulations, purchase from OUC all of the electric energy used for the operation of the Lighting Equipment.

Pay by the due date indicated thereon all bills rendered by OUC for Lighting Service provided in accordance with this Agreement.

Trim any and all trees or other foliage that may either obstruct the light output from Lighting Equipment or that may obstruct maintenance access to the Lighting Equipment.
Promptly provide notice to OUC of any inoperative or malfunctioning lights and/or Lighting Equipment installed hereunder via the outage reporting options provided in Exhibit 1, or through subsequent bill inserts or publication in the relevant newspapers of general circulation.

SECTION 3: EASEMENTS AND ACCESS

CUSTOMER hereby grants to OUC an irrevocable right of entry, access, ingress and egress into, over, across, upon and through the Property for purposes of gaining access to the Lighting Equipment. In addition, CUSTOMER hereby grants, transfers and conveys to OUC, an easement over the Property for the purpose of installing, operating, replacing and maintaining the Lighting Equipment as required under this Agreement.

SECTION 4: THE PARTIES MUTUALLY AGREE:
OUC, while exercising reasonable diligence at all times to furnish Lighting Service hereunder, does not guarantee continuous lighting and will not be liable for any damages for any interruption, deficiency or failure of electric service, and reserves the right to interrupt electric service at any time for necessary repairs to lines or equipment. Further, the parties acknowledge that malfunctions (including burned out bulbs) and acts beyond OUC’s

reasonable control do occur from time to time, which may result in the failure of illumination of said lights and/ or Lighting Equipment provided hereunder. Although OUC performs routine maintenance and periodic inspections of said Lighting Equipment installed hereunder, it is the responsibility of the CUSTOMER to promptly notify OUC of any inoperative or malfunctioning lights or Lighting Equipment, regardless of whether such condition or malfunction was discovered or should have been discovered by OUC during the performance of such maintenance or inspection. Subject to such notification and its compliance with the provisions of Florida Statutes § 768.1382(2) & (3) (2007), as may be amended from time to time, OUC is not liable and may not be held liable for any civil damages for personal injury, wrongful death, or property damage affected or caused by the malfunction or failure of illumination of such lights or Lighting Services provided hereunder, regardless of whether the malfunction or failure of illumination is alleged or demonstrated to have contributed in any manner to the personal injury, wrongful death, or property damage.

OUC installation of Lighting Equipment shall be made only when, in the judgment of OUC, the location and the type of the Lighting Equipment are, and will continue to be, easily and economically accessible to OUC equipment and personnel for both construction and maintenance. OUC shall not be in default for its failure to perform its obligations under this Agreement to the extent resulting from a Force Majeure Event. OUC shall be entitled to an extension of time for the performance of Lighting Service sufficient to overcome the effects of any such Force Majeure Event.
Except as specifically permitted under subsection 4.6 below, modification of the Lighting Equipment provided by OUC under this Agreement may only be made through the execution of an additional Agreement between OUC and CUSTOMER or by written amendment to this Agreement, delineating the modifications to be accomplished and (if applicable) setting out any adjustments to the terms and conditions necessitated by the modification. Notwithstanding anything to the contrary contained herein, CUSTOMER shall not possess or have any direction or control over the physical operation of the Lighting Equipment and the possession of the Lighting Equipment and the direction and control of the physical operation of Lighting Equipment shall be vested exclusively with OUC.

OUC shall, at the request of the CUSTOMER, relocate the Lighting Equipment if provided sufficient rights-of-way or easements to do so and the requested relocation does not negatively affect the ability of OUC to provide Lighting Service. The CUSTOMER shall be responsible for the payment of all costs associated with any such CUSTOMER requested relocation of OUC Lighting Equipment.

OUC may, at any time and without the need for CUSTOMER’s permission, substitute any luminaire/lamp installed hereunder with another luminaire/lamp which shall be of at least equal illuminating capacity and efficiency.

OUC shall retain all title right and ownership interest in the Lighting Equipment and shall be responsible to repair or replace (and assumes all risk of loss) for any damage to any Lighting Equipment provided pursuant to

this Agreement; provided, however that notwithstanding the foregoing, OUC shall not be responsible for and the CUSTOMER agrees to take responsibility for, the cost incurred to repair or replace any Lighting Equipment that has been damaged by CUSTOMER, its employees, agents, invitees or licensees or any other third party in which case OUC shall not be required to make such repair or replacement prior to payment by the CUSTOMER for damage. Responsibility to repair or replace damage to any CUSTOMER installed Lighting Equipment transfers to OUC upon inspection and acceptance of the fully installed and energized Lighting Equipment by OUC’s Lighting Inspector.

Should the CUSTOMER fail to pay any bills due and rendered pursuant to this Agreement or otherwise fail to perform its obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, OUC may cease to supply the Lighting Service until the CUSTOMER has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of OUC to exercise its rights hereunder shall not be deemed a waiver of such rights. It is understood, however, that such discontinuance of the supplying of the Lighting Service shall not constitute a breach of this Agreement by OUC, nor shall it relieve the CUSTOMER of the obligation to perform any of the terms and conditions of this Agreement.

CUSTOMER shall be entitled to assign its rights under this Agreement to the CUSTOMER’s successor in title to the Property upon which the Lighting Equipment are installed with the written consent of OUC, which shall not be unreasonably withheld. No assignment shall relieve the CUSTOMER from its obligations hereunder until such obligations have been assumed by the Purchaser in writing and agreed to by OUC.
This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the CUSTOMER and OUC, with respect to the Lighting Service referenced herein and along with OUC’s electric service tariffs, constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by OUC to third parties.

CUSTOMER recognizes and agrees that it is ultimately responsible for the payment of all sales, municipal, use, excise, gross receipts and other taxes that may apply to, or be imposed upon, the transaction that is the subject of this Agreement, if any, irrespective of when such taxes may be charged or assessed against OUC. Any non-collection or non-assessment of such taxes by OUC contemporaneously with the occurrence of the transaction shall not waive, release or diminish CUSTOMER’s ultimate responsibility for the payment thereof, irrespective of whether such taxes are later charged or assessed by OUC or the applicable taxing authority(ies).
This Agreement shall inure to the benefit of, and be binding upon the successors and permitted assigns of the CUSTOMER and OUC.

OUC will exercise reasonable efforts to furnish Lighting Service hereunder in a manner which will allow continuous operation of the Lighting Equipment,

but OUC does not warrant the continuous operation of the Lighting Equipment and shall not be liable for any damages for any interruption, deficiency or failure of Lighting Equipment. Notwithstanding any other provision of this Agreement, in no event shall OUC have any liability to CUSTOMER under this Agreement, whether based in contract, in tort (including negligence and strict liability) or otherwise, for: (a) any special, incidental, indirect, exemplary or consequential damages; (b) damages with respect to costs of capital, costs of replacement power, loss of profits or revenues, or loss of use of plant or equipment, irrespective of whether such damages may be categorized as direct, special, consequential, incidental, indirect, exemplary or otherwise.

CUSTOMER shall locate and advise OUC, its agents, employees, servants or subcontractors, through the provision of an accurate map and other necessary written descriptions, of the exact location of all underground facilities, including, but not limited to: sewage pipes, septic tanks, walls, swimming pools, sprinkler systems, conduits, cables, valves, lines, fuel storage tanks, and storm drainage systems (“Underground Facilities”) at the installation site at least two (2) days prior to the commencement of any work by OUC at the installation site. Any and all cost or liability for damage to Underground Facilities by OUC that were not properly identified by the CUSTOMER, as described under this paragraph, shall be paid by the CUSTOMER. Except for those claims, losses and damages arising out of OUC’s sole negligence, the CUSTOMER agrees to defend, at its own expense and indemnify OUC, its respective commissioner, officers, agents, employees, servants, contractors for any and all claims, losses and damages, including attorney’s fees and costs, which arise or are alleged to have arisen out of furnishing, design, installation, operation, maintenance or removal of the Lighting Equipment.
SECTION 5: TERM, EFFECTIVE DATE, INSTALLATION DATE, AMENDMENT, TERMINATION AND BILLING

The initial term of this Agreement (the “Term”) shall be for twenty 20 years. The initial term shall begin upon the due date of the first monthly invoice (bill) delivered to CUSTOMER for installed lighting or the capital investment portion of the Monthly Lighting Service Charge as set forth in section 5.3 herein below, whichever occurs first, and shall terminate at the end of two hundred and forty (240) consecutive Billing Cycles thereafter, unless extended or otherwise modified pursuant to the provisions herein. In the event that a phased installation of Lighting Equipment is to be provided by OUC by means of the Phase Installation Plan described in Exhibit 1, each development phase completed shall have its own Term (which shall commence and terminate as set forth above in this paragraph) and Installation Date under this Agreement.
The effective date of this Agreement shall be the date of execution by the CUSTOMER or OUC, whichever is later.

If OUC is ready and able to begin installation of the Lighting Equipment on the Installation Date, and the CUSTOMER is not ready and able to accept installation of the Lighting Equipment, OUC shall bill CUSTOMER monthly for the capital investment portion of the Monthly Lighting Service Charge,

until such time as the CUSTOMER is able to commence accepting installation as set forth herein. CUSTOMER may change the Installation Date by providing OUC written notice of the new Installation Date no later than one hundred (100) days prior to the original Installation Date; however, in no event shall the new Installation Date exceed six (6) months from the original Installation Date. Provided that written notice is received by OUC at least 100 days prior to the original installation date, CUSTOMER shall not be responsible for paying the monthly bill for the capital investment portion of the Lighting Service Charge. Notwithstanding any of the foregoing, the CUSTOMER shall be liable for paying the monthly bill for the capital investment portion of the Monthly Lighting Service Charge if CUSTOMER is not ready and able to accept installation of the Lighting Equipment on the new Installation Date or the date ending six (6) months after the original Installation Date, whichever occurs first. OUC reserves the right to adjust pricing when CUSTOMER changes the original Installation Date.
This Agreement may only be amended in writing and such amendment must be executed with the same degree of formality as this Agreement. Notwithstanding the foregoing, the annual adjustment to rates as set forth in Exhibit 1 shall not require an amendment to this Agreement provided such annual rate adjustment does not exceed three percent (3%) over the prior year’s rate.

The CUSTOMER may opt to terminate the Agreement at the end of the initial or subsequent Terms by providing to OUC at least sixty (60) days advance written notice. In the event that CUSTOMER terminates this agreement before the end of the initial or subsequent Terms, CUSTOMER shall be liable to OUC for the capital investment portion of the Monthly Lighting Service Charge set forth in Exhibit 1 for the remainder of the Term and all direct and consequential damages incurred by OUC as a result of such early termination, including the cost incurred by OUC to remove the Lighting Equipment. In addition to the foregoing, OUC shall have the right to pursue all other remedies or damages available at law or in equity. OUC may terminate this Agreement if at any time during the Term a final court decision is issued, an Internal Revenue Service ruling is issued, or a change in the applicable statutes or regulations occurs, any of which in the reasonable opinion of OUC's general counsel, results in the continued existence of this Agreement having a material adverse effect on OUC's ability to issue tax exempt bonds. Any such termination shall be made by 30 days’ prior written notice from OUC to CUSTOMER. The CUSTOMER will be responsible for the cost incurred by OUC to remove the Lighting Equipment. OUC shall issue a bill to the CUSTOMER for removal costs once removal has been completed.

Billing shall commence upon the energization of the first lights or as set forth in section 5.3 above.

SECTION 6: MISCELLANEOUS

Governing Law: The validity, construction, and performance of this agreement, shall be in accordance with the laws of the State of Florida without application of its choice-of-law rules.

Severability: If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

Notices: All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given and received: (a) five (5) days after such notice has been deposited in the United States Mail, certified, return receipt requested, with proper postage affixed thereto if the recipient is also provided a facsimile transmittal on the same date as mailed, otherwise, when the recipient receives the U.S. Mail transmittal, (b) one (1) Business day after such notice has been deposited with Federal Express, Express Mail, or other expedited mail or package delivery service guaranteeing delivery no later than the next Business Day, or (c) upon hand delivery to the appropriate address and person as herein provided if a receipt evidencing delivery has been retained. “Electronic mail” shall not be considered a “writing” for purposes hereof. All notices shall be delivered or sent to the Parties at their respective address(es) or number(s) shown below or to such other address(es) or number(s) as a Party may designate by prior written notice given in accordance with this provision to the other Party:

If to OUC:
Orlando Utilities Commission 100 West Anderson Street Orlando, Florida 32801
Attention: Office of The General Counsel If to Customer:
Preston Cove Community Development District

Attention: 	

Entire Agreement: This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any and all prior contemporaneous written and oral agreements, proposals, negotiations, understanding and representations pertaining to the subject matter hereof.

Time Is Of The Essence: Time is hereby declared of the essence as to all time periods set forth in this Agreement.

Waiver: The failure of a party to insist on strict performance of any provision under this Agreement, or to take advantage of any right hereunder shall not be construed as a waiver of future violations of such provision or right. Any waiver at any time by any party hereto of its rights with respect to the other party, or with respect to any matter arising in connection with this Agreement

shall not be considered a waiver of any such rights or matters at any subsequent time.
OUC may allow, upon request, the installation of a camera on its poles under the following circumstances:

OUC will not be responsible for the installation, maintenance, or removal of any camera nor will OUC provide electricity to power such camera unless metered.
The camera will be securely installed high enough on the pole so as not to impede vehicle or pedestrian flow and low enough as to not interfere with any purpose of the pole whether lighting, wire support or both.
OUC will expect to recover any costs incurred due to any damage caused by allowing this accommodation.
The installer, camera owner, and/or party instigating this action shall indemnify, save and hold OUC harmless from all loss, damage, claims, liability and expense whatsoever arising from this activity.
7.  The Customer shall have the right, from time to time as the Customer shall deem appropriate, to hang banners, signs, flags and holiday decorations (collectively the “Banners”) from banner arms to be attached by the Customer to the Lighting Facilities; provided, however, that same shall comply in all respects with applicable laws and regulations. Said banner arms shall be of the type and size consistent with the wind loading capabilities of the Lighting Facilities and shall be pre-approved by OUC (the “Banner Arms”). The Customer shall be responsible for acquiring, installing and maintaining all the Banner Arms. The Customer shall be responsible to repair or replace (and assumes all risk of loss) for any damage to any Banner Arms. Notwithstanding anything herein to the contrary, in the event the Lighting Facilities are damaged by the Banners or the Banner Arms the Customer shall be liable to OUC for said damage. OUC shall not be liable for any permits, fees or liabilities (of whatever kind or nature) related to the Banner Arms or the Banners placed thereon, including but not limited to the content of Banners. Notwithstanding anything herein to the contrary, the parties agree that OUC shall not be liable for any claim, demand, liability, judgment, action or right of action, of whatever kind or nature, either in law or equity, arising from or by reason of any type of liability including but not limited to contractual liability, bodily injury or personal injuries, death, or occurrence due to placement of the Banners and/or the Banner Arms on the Lighting Facilities. Customer shall to the maximum extent permitted by law defend, indemnify, and hold harmless OUC, its officers, directors, and employees from and against all claims, damages, losses, and expenses, (including but not limited to fees and charges of attorneys or other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from injury or death of third parties (including OUC employees and agents), or damage to property caused by placement of Banners and the Banner Arms by the Customer on the Lighting Facilities.

Now, therefore, the parties enter into this Agreement as of the dates of execution indicated below.
PRESTON COVE COMMUNITY DEVELOPMENT DISTRICT

Federal ID # 87-2200027

By: 	 Name: 	 Title: 	 Date: 	

WITNESSES:
By: 	 Name: 	 Address: 	

By: 	 Name: 	 Address: 	

Pursuant to Section 117.05(13)(a), Florida Statutes, the following notarial certificates are sufficient for an acknowledgment in a representative capacity:

STATE OF 	 ) COUNTY OF 		 )

The foregoing instrument was acknowledged before me by means of [  ] physical presence or [  ] online notarization this 	 day of 		        , 20	, by 	 (name of person) as 			 (type of authority, e.g. officer, trustee, attorney in fact) and who acknowledge that she/he executed the foregoing instrument on behalf of 			 (name of party on behalf of whom instrument was executed). She/he is personally known to me or had produced 			 as identification.

(Notary Seal)	Notary Public
Print Name: 	 My Commission Expires: 	 

ORLANDO UTILITIES COMMISSION
By:	

Name:	Clint Bullock
Title:	General Manager/CEO Date: 		

ATTEST:	By: 	
Name: Paula A. Velasquez Title:	Assistant Secretary

WITNESSES:
By: 	

Name: 	

Address: 	

By: 	

Name: 	
Address: 	

STATE OF FLORIDA COUNTY OF ORANGE

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this     day of 	, 20 , by CLINT BULLOCK, as General Manager, CEO of Orlando Utilities Commission, a Florida statutory commission, on behalf said Commission.  He is personally known to me or has produced
	 as identification.

(Notarial Seal)	Notary Public, State of Florida Print Name: 	

EXHIBIT 1
LIGHTING SERVICE FEES:		
RATE PER MONTH		
Monthly Lighting Service Charge: Capital Investment		
$2,799.79	
Maintenance		$  757.50	
Fuel and Energy		$  196.23	
Total	***	$3,753.52	
Upfront Payment	$0.00			
Payment #	$	Check #	Date Posted			
Charge Description #	Work Order #			

Initial Term Charges include Capital Investment, Fuel and Energy, and Maintenance Costs, Subsequent Term Charges include Fuel and Energy, and Maintenance Costs.
*** From time to time, modifications to the original contract design (“Design Modifications”) may be necessary to accommodate local site requirements or other changes which were not anticipated by either party during the original contracting phase. Actual billed amount will be based on the as-built drawings which reflect the Design Modifications.
If the increase in the actual billed amount due to the Design Modifications is up to and including 10% of the Agreement’s original capital investment charge, Customer hereby assumes responsibility for payment of such charge increase without need for notification from OUC or further consent from Customer regarding same.

If the increase in the actual billed amount due to the Design Modifications exceeds 10% of the Agreement’s original capital investment charge, OUC will send to Customer completed Exhibit 2 reflecting such increase and both OUC and Customer shall execute same.

ANNUAL RATE ADJUSTMENT

Taxes may be adjusted periodically. The fees established in this Exhibit 1 may be adjusted by OUC to reflect changes in electric rates, subject to review and approval by the Florida Public Service Commission. The rates for maintenance shall not change by more than three percent (3%) over the prior year’s rate. The capital investment portion of the Monthly Lighting Service Charge shall remain fixed for the term of this Agreement.

LIGHTING SERVICE

The Lighting Service shall provide to CUSTOMER the foot candle lighting output (illuminating capacity) produced from the installation, operation and maintenance of the Lighting Equipment described below or such other functionally equivalent alternative lighting equipment as may be determined by OUC in its sole discretion, provided that such alternative lighting equipment provides the same illuminating capacity as the Lighting Equipment specified below.

LIGHTING EQUIPMENT

OUC Installed Lighting Equipment:

(101)	20' (16' MH) ROUND ALUM POLE DB 3" TENON BLACK	[036-21724]
(101)	60W LED GRANVILLE HOUSING ONLY, BLACK	[036-2316 & 036-21539]

All associated poles, fixtures, parts, wires, photocells, and controllers CUSTOMER Installed Lighting Equipment:
The CUSTOMER is responsible for the installation of the conduit, junction boxes, and bases per OUC specifications. A conduit design layout will be provided to the customer upon full execution of this agreement.
PHASED INSTALLATION PLAN

All at once

INSTALLATION DATE is 180 days after the effective date of this Agreement as defined in 5.2. If OUC and CUSTOMER are ready and able to begin installation, installation may commence prior to the INSTALLATION DATE.

OUTAGE REPORTING

Light out Telephone Number – 407-737-4222
Light out Web Address – http://www.ouc.com/customer-support/outages-and-problems/report-a- streetlight-outage

LEGAL DESCRIPTION OF THE PROPERTY
All private/public roadways and easements within PRESTON COVE PHASE 1 AND 2, according to the plat thereof, as recorded in Plat Book 33, Pages 80-88, of the Public Records of Osceola County, Florida.
PROPERTY / PREMISE LOCATION INFORMATION

Premise Name:	 Preston Cove PH 1A	 Premise Address:	 JONES RD	 City, State, Zip:	 SAINT CLOUD FL 34771	 Premise Number		

BILLING INFORMATION

Billing Name:	 Preston Cove Community Development District	 Billing Address:		 City, State, Zip:		 Billing Contact Name:		 Billing Contact Phone:		 Federal Tax ID:	 87-2200027	

ADDITIONAL ACCOUNT INFORMATION TO BE FILLED BY OUC

Customer Account Number:  6644425422	 Work Request No:	 738447	 Comments:		

Certificate of Completion (Exhibit 2)
Notice of Modification to Original Contract Design

Project W.O. # 	738447				OUC Account # 	6644425422		 Project Name: 				Preston Cove PH 1A		 Customer/Account Name 	Preston Cove Community Development District	 
Original Monthly Lighting Service Charges, Poles, Fixtures & Installation Scope:

Investment  $2,799.79 	Maintenance    $757.50	 Fuel & Energy  $196.23	

(101)	20' (16' MH) ROUND ALUM POLE DB 3" TENON BLACK	[036-21724]
(101)	60W LED GRANVILLE HOUSING ONLY, BLACK	[036-2316 & 036-21539]

Amended Monthly Lighting Service Charges per As-Built, Poles, Fixtures & Installation Scope: 

Investment 		Maintenance 	 Fuel & Energy 	
[Insert As Built Streetlight Fixture/Pole Type/Quantity Bill of Material]

Authorized OUC Representative

Signature: 	

Printed Name: 	
Title: 	

Date: 	

Authorized Customer Representative

Signature: 	

Printed Name: 	
Title: 	

Date: 	

Prepared by and return to:
Wayne Morris, Deputy General Counsel Orlando Utilities Commission
100 W. Anderson Street, Orlando, Florida 32801
For Recording Purposes Only

SERVICE AGREEMENT FOR LIGHTING SERVICE PRESTON COVE PH 1B
This Agreement is entered into this     day of 	 20 , by and between ORLANDO UTILITIES COMMISSION, whose address is 100 West Anderson Street, Orlando, Florida 32801 (“OUC”) and PRESTON COVE COMMUNITY DEVELOPMENT DISTRICT, whose address is 219 E Livingston St, Orlando, FL 32801, (“Customer”), for the provision of Lighting Service as more particularly set forth below.

DEFINITIONS

“BILLING CYCLE” shall mean the time between the reading date of the prior month bill and the reading date of the current month bill for the lighting Service provided by OUC during that time.

“CUSTOMER” shall mean the legal entity that owns the premises receiving Lighting Service and is responsible for paying the CUSTOMER bill.

“FORCE MAJEURE EVENT” means any event beyond OUC’s reasonable control which results in the failure of some performance under this agreement, including without limitation, acts of God, epidemics, lightning, storms, earthquakes, fires, floods and washouts; strikes, lockouts or other industrial disturbances; acts of the public enemy, wars, blockades, insurrections, civil disturbances and riots; arrests, orders, directives or restraints of government agencies, either local, state, federal, civil or military; or acts of CUSTOMER which prevent OUC from providing Lighting Service.
“INSTALLATION DATE” shall mean the date entered in Exhibit 1, for each phase of the project, upon which OUC is to commence installation of the LIGHTING EQUIPMENT.

“LIGHTING EQUIPMENT” means poles, wires, fixtures, conduit, junction boxes, bases, photocells, controllers, and any other associated parts.

“LIGHTING SERVICE” shall collectively mean, all such installation, operation, maintenance and (if applicable) electric supply services.
“OUC” shall mean ORLANDO UTILITIES COMMISSION, a statutory commission created and existing under the laws of the state of Florida and the municipal utility of the City of Orlando.

SECTION 1:	OUC AGREES THAT DURING THE TERM OF THIS AGREEMENT IT SHALL:
Install the Lighting Equipment listed in Exhibit 1, under the heading entitled “OUC Installed Lighting Equipment” on the CUSTOMER’s property more specifically described in Exhibit 1 (the “Property”), operate and maintain all such Lighting Equipment, and if possible under applicable laws and regulations, provide electric service necessary for the operation of the Lighting Equipment, all in accordance with the rates set forth in Exhibit 1 and the terms and provisions set forth in this Agreement.

Bill CUSTOMER, monthly, for Lighting Service based on the rates set forth in Exhibit 1; provided, however that OUC shall be entitled to adjust the rates charged for Lighting Service as set forth in Exhibit 1. OUC shall annually deliver notice to the CUSTOMER of any such changes to the Lighting Service rates.

SECTION 2: THE CUSTOMER AGREES THAT DURING THE TERM OF THIS AGREEMENT IT SHALL:
Whenever possible under applicable laws and regulations, purchase from OUC all of the electric energy used for the operation of the Lighting Equipment.

Pay by the due date indicated thereon all bills rendered by OUC for Lighting Service provided in accordance with this Agreement.

Trim any and all trees or other foliage that may either obstruct the light output from Lighting Equipment or that may obstruct maintenance access to the Lighting Equipment.
Promptly provide notice to OUC of any inoperative or malfunctioning lights and/or Lighting Equipment installed hereunder via the outage reporting options provided in Exhibit 1, or through subsequent bill inserts or publication in the relevant newspapers of general circulation.

SECTION 3: EASEMENTS AND ACCESS

CUSTOMER hereby grants to OUC an irrevocable right of entry, access, ingress and egress into, over, across, upon and through the Property for purposes of gaining access to the Lighting Equipment. In addition, CUSTOMER hereby grants, transfers and conveys to OUC, an easement over the Property for the purpose of installing, operating, replacing and maintaining the Lighting Equipment as required under this Agreement.

SECTION 4: THE PARTIES MUTUALLY AGREE:
OUC, while exercising reasonable diligence at all times to furnish Lighting Service hereunder, does not guarantee continuous lighting and will not be liable for any damages for any interruption, deficiency or failure of electric service, and reserves the right to interrupt electric service at any time for necessary repairs to lines or equipment. Further, the parties acknowledge that malfunctions (including burned out bulbs) and acts beyond OUC’s

reasonable control do occur from time to time, which may result in the failure of illumination of said lights and/ or Lighting Equipment provided hereunder. Although OUC performs routine maintenance and periodic inspections of said Lighting Equipment installed hereunder, it is the responsibility of the CUSTOMER to promptly notify OUC of any inoperative or malfunctioning lights or Lighting Equipment, regardless of whether such condition or malfunction was discovered or should have been discovered by OUC during the performance of such maintenance or inspection. Subject to such notification and its compliance with the provisions of Florida Statutes § 768.1382(2) & (3) (2007), as may be amended from time to time, OUC is not liable and may not be held liable for any civil damages for personal injury, wrongful death, or property damage affected or caused by the malfunction or failure of illumination of such lights or Lighting Services provided hereunder, regardless of whether the malfunction or failure of illumination is alleged or demonstrated to have contributed in any manner to the personal injury, wrongful death, or property damage.

OUC installation of Lighting Equipment shall be made only when, in the judgment of OUC, the location and the type of the Lighting Equipment are, and will continue to be, easily and economically accessible to OUC equipment and personnel for both construction and maintenance. OUC shall not be in default for its failure to perform its obligations under this Agreement to the extent resulting from a Force Majeure Event. OUC shall be entitled to an extension of time for the performance of Lighting Service sufficient to overcome the effects of any such Force Majeure Event.
Except as specifically permitted under subsection 4.6 below, modification of the Lighting Equipment provided by OUC under this Agreement may only be made through the execution of an additional Agreement between OUC and CUSTOMER or by written amendment to this Agreement, delineating the modifications to be accomplished and (if applicable) setting out any adjustments to the terms and conditions necessitated by the modification. Notwithstanding anything to the contrary contained herein, CUSTOMER shall not possess or have any direction or control over the physical operation of the Lighting Equipment and the possession of the Lighting Equipment and the direction and control of the physical operation of Lighting Equipment shall be vested exclusively with OUC.

OUC shall, at the request of the CUSTOMER, relocate the Lighting Equipment if provided sufficient rights-of-way or easements to do so and the requested relocation does not negatively affect the ability of OUC to provide Lighting Service. The CUSTOMER shall be responsible for the payment of all costs associated with any such CUSTOMER requested relocation of OUC Lighting Equipment.

OUC may, at any time and without the need for CUSTOMER’s permission, substitute any luminaire/lamp installed hereunder with another luminaire/lamp which shall be of at least equal illuminating capacity and efficiency.

OUC shall retain all title right and ownership interest in the Lighting Equipment and shall be responsible to repair or replace (and assumes all risk of loss) for any damage to any Lighting Equipment provided pursuant to

this Agreement; provided, however that notwithstanding the foregoing, OUC shall not be responsible for and the CUSTOMER agrees to take responsibility for, the cost incurred to repair or replace any Lighting Equipment that has been damaged by CUSTOMER, its employees, agents, invitees or licensees or any other third party in which case OUC shall not be required to make such repair or replacement prior to payment by the CUSTOMER for damage. Responsibility to repair or replace damage to any CUSTOMER installed Lighting Equipment transfers to OUC upon inspection and acceptance of the fully installed and energized Lighting Equipment by OUC’s Lighting Inspector.

Should the CUSTOMER fail to pay any bills due and rendered pursuant to this Agreement or otherwise fail to perform its obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, OUC may cease to supply the Lighting Service until the CUSTOMER has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of OUC to exercise its rights hereunder shall not be deemed a waiver of such rights. It is understood, however, that such discontinuance of the supplying of the Lighting Service shall not constitute a breach of this Agreement by OUC, nor shall it relieve the CUSTOMER of the obligation to perform any of the terms and conditions of this Agreement.

CUSTOMER shall be entitled to assign its rights under this Agreement to the CUSTOMER’s successor in title to the Property upon which the Lighting Equipment are installed with the written consent of OUC, which shall not be unreasonably withheld. No assignment shall relieve the CUSTOMER from its obligations hereunder until such obligations have been assumed by the Purchaser in writing and agreed to by OUC.
This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the CUSTOMER and OUC, with respect to the Lighting Service referenced herein and along with OUC’s electric service tariffs, constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by OUC to third parties.

CUSTOMER recognizes and agrees that it is ultimately responsible for the payment of all sales, municipal, use, excise, gross receipts and other taxes that may apply to, or be imposed upon, the transaction that is the subject of this Agreement, if any, irrespective of when such taxes may be charged or assessed against OUC. Any non-collection or non-assessment of such taxes by OUC contemporaneously with the occurrence of the transaction shall not waive, release or diminish CUSTOMER’s ultimate responsibility for the payment thereof, irrespective of whether such taxes are later charged or assessed by OUC or the applicable taxing authority(ies).
This Agreement shall inure to the benefit of, and be binding upon the successors and permitted assigns of the CUSTOMER and OUC.

OUC will exercise reasonable efforts to furnish Lighting Service hereunder in a manner which will allow continuous operation of the Lighting Equipment,

but OUC does not warrant the continuous operation of the Lighting Equipment and shall not be liable for any damages for any interruption, deficiency or failure of Lighting Equipment. Notwithstanding any other provision of this Agreement, in no event shall OUC have any liability to CUSTOMER under this Agreement, whether based in contract, in tort (including negligence and strict liability) or otherwise, for: (a) any special, incidental, indirect, exemplary or consequential damages; (b) damages with respect to costs of capital, costs of replacement power, loss of profits or revenues, or loss of use of plant or equipment, irrespective of whether such damages may be categorized as direct, special, consequential, incidental, indirect, exemplary or otherwise.

CUSTOMER shall locate and advise OUC, its agents, employees, servants or subcontractors, through the provision of an accurate map and other necessary written descriptions, of the exact location of all underground facilities, including, but not limited to: sewage pipes, septic tanks, walls, swimming pools, sprinkler systems, conduits, cables, valves, lines, fuel storage tanks, and storm drainage systems (“Underground Facilities”) at the installation site at least two (2) days prior to the commencement of any work by OUC at the installation site. Any and all cost or liability for damage to Underground Facilities by OUC that were not properly identified by the CUSTOMER, as described under this paragraph, shall be paid by the CUSTOMER. Except for those claims, losses and damages arising out of OUC’s sole negligence, the CUSTOMER agrees to defend, at its own expense and indemnify OUC, its respective commissioner, officers, agents, employees, servants, contractors for any and all claims, losses and damages, including attorney’s fees and costs, which arise or are alleged to have arisen out of furnishing, design, installation, operation, maintenance or removal of the Lighting Equipment.
SECTION 5: TERM, EFFECTIVE DATE, INSTALLATION DATE, AMENDMENT, TERMINATION AND BILLING

The initial term of this Agreement (the “Term”) shall be for twenty 20 years. The initial term shall begin upon the due date of the first monthly invoice (bill) delivered to CUSTOMER for installed lighting or the capital investment portion of the Monthly Lighting Service Charge as set forth in section 5.3 herein below, whichever occurs first, and shall terminate at the end of two hundred and forty (240) consecutive Billing Cycles thereafter, unless extended or otherwise modified pursuant to the provisions herein. In the event that a phased installation of Lighting Equipment is to be provided by OUC by means of the Phase Installation Plan described in Exhibit 1, each development phase completed shall have its own Term (which shall commence and terminate as set forth above in this paragraph) and Installation Date under this Agreement.
The effective date of this Agreement shall be the date of execution by the CUSTOMER or OUC, whichever is later.

If OUC is ready and able to begin installation of the Lighting Equipment on the Installation Date, and the CUSTOMER is not ready and able to accept installation of the Lighting Equipment, OUC shall bill CUSTOMER monthly for the capital investment portion of the Monthly Lighting Service Charge,

until such time as the CUSTOMER is able to commence accepting installation as set forth herein. CUSTOMER may change the Installation Date by providing OUC written notice of the new Installation Date no later than one hundred (100) days prior to the original Installation Date; however, in no event shall the new Installation Date exceed six (6) months from the original Installation Date. Provided that written notice is received by OUC at least 100 days prior to the original installation date, CUSTOMER shall not be responsible for paying the monthly bill for the capital investment portion of the Lighting Service Charge. Notwithstanding any of the foregoing, the CUSTOMER shall be liable for paying the monthly bill for the capital investment portion of the Monthly Lighting Service Charge if CUSTOMER is not ready and able to accept installation of the Lighting Equipment on the new Installation Date or the date ending six (6) months after the original Installation Date, whichever occurs first. OUC reserves the right to adjust pricing when CUSTOMER changes the original Installation Date.
This Agreement may only be amended in writing and such amendment must be executed with the same degree of formality as this Agreement. Notwithstanding the foregoing, the annual adjustment to rates as set forth in Exhibit 1 shall not require an amendment to this Agreement provided such annual rate adjustment does not exceed three percent (3%) over the prior year’s rate.

The CUSTOMER may opt to terminate the Agreement at the end of the initial or subsequent Terms by providing to OUC at least sixty (60) days advance written notice. In the event that CUSTOMER terminates this agreement before the end of the initial or subsequent Terms, CUSTOMER shall be liable to OUC for the capital investment portion of the Monthly Lighting Service Charge set forth in Exhibit 1 for the remainder of the Term and all direct and consequential damages incurred by OUC as a result of such early termination, including the cost incurred by OUC to remove the Lighting Equipment. In addition to the foregoing, OUC shall have the right to pursue all other remedies or damages available at law or in equity. OUC may terminate this Agreement if at any time during the Term a final court decision is issued, an Internal Revenue Service ruling is issued, or a change in the applicable statutes or regulations occurs, any of which in the reasonable opinion of OUC's general counsel, results in the continued existence of this Agreement having a material adverse effect on OUC's ability to issue tax exempt bonds. Any such termination shall be made by 30 days’ prior written notice from OUC to CUSTOMER. The CUSTOMER will be responsible for the cost incurred by OUC to remove the Lighting Equipment. OUC shall issue a bill to the CUSTOMER for removal costs once removal has been completed.

Billing shall commence upon the energization of the first lights or as set forth in section 5.3 above.

SECTION 6: MISCELLANEOUS

Governing Law: The validity, construction, and performance of this agreement, shall be in accordance with the laws of the State of Florida without application of its choice-of-law rules.

Severability: If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

Notices: All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given and received: (a) five (5) days after such notice has been deposited in the United States Mail, certified, return receipt requested, with proper postage affixed thereto if the recipient is also provided a facsimile transmittal on the same date as mailed, otherwise, when the recipient receives the U.S. Mail transmittal, (b) one (1) Business day after such notice has been deposited with Federal Express, Express Mail, or other expedited mail or package delivery service guaranteeing delivery no later than the next Business Day, or (c) upon hand delivery to the appropriate address and person as herein provided if a receipt evidencing delivery has been retained. “Electronic mail” shall not be considered a “writing” for purposes hereof. All notices shall be delivered or sent to the Parties at their respective address(es) or number(s) shown below or to such other address(es) or number(s) as a Party may designate by prior written notice given in accordance with this provision to the other Party:

If to OUC:
Orlando Utilities Commission 100 West Anderson Street Orlando, Florida 32801
Attention: Office of The General Counsel If to Customer:
Preston Cove Community Development District

Attention: 	

Entire Agreement: This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any and all prior contemporaneous written and oral agreements, proposals, negotiations, understanding and representations pertaining to the subject matter hereof.

Time Is Of The Essence: Time is hereby declared of the essence as to all time periods set forth in this Agreement.

Waiver: The failure of a party to insist on strict performance of any provision under this Agreement, or to take advantage of any right hereunder shall not be construed as a waiver of future violations of such provision or right. Any waiver at any time by any party hereto of its rights with respect to the other party, or with respect to any matter arising in connection with this Agreement

shall not be considered a waiver of any such rights or matters at any subsequent time.
OUC may allow, upon request, the installation of a camera on its poles under the following circumstances:

OUC will not be responsible for the installation, maintenance, or removal of any camera nor will OUC provide electricity to power such camera unless metered.
The camera will be securely installed high enough on the pole so as not to impede vehicle or pedestrian flow and low enough as to not interfere with any purpose of the pole whether lighting, wire support or both.
OUC will expect to recover any costs incurred due to any damage caused by allowing this accommodation.
The installer, camera owner, and/or party instigating this action shall indemnify, save and hold OUC harmless from all loss, damage, claims, liability and expense whatsoever arising from this activity.
7.  The Customer shall have the right, from time to time as the Customer shall deem appropriate, to hang banners, signs, flags and holiday decorations (collectively the “Banners”) from banner arms to be attached by the Customer to the Lighting Facilities; provided, however, that same shall comply in all respects with applicable laws and regulations. Said banner arms shall be of the type and size consistent with the wind loading capabilities of the Lighting Facilities and shall be pre-approved by OUC (the “Banner Arms”). The Customer shall be responsible for acquiring, installing and maintaining all the Banner Arms. The Customer shall be responsible to repair or replace (and assumes all risk of loss) for any damage to any Banner Arms. Notwithstanding anything herein to the contrary, in the event the Lighting Facilities are damaged by the Banners or the Banner Arms the Customer shall be liable to OUC for said damage. OUC shall not be liable for any permits, fees or liabilities (of whatever kind or nature) related to the Banner Arms or the Banners placed thereon, including but not limited to the content of Banners. Notwithstanding anything herein to the contrary, the parties agree that OUC shall not be liable for any claim, demand, liability, judgment, action or right of action, of whatever kind or nature, either in law or equity, arising from or by reason of any type of liability including but not limited to contractual liability, bodily injury or personal injuries, death, or occurrence due to placement of the Banners and/or the Banner Arms on the Lighting Facilities. Customer shall to the maximum extent permitted by law defend, indemnify, and hold harmless OUC, its officers, directors, and employees from and against all claims, damages, losses, and expenses, (including but not limited to fees and charges of attorneys or other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from injury or death of third parties (including OUC employees and agents), or damage to property caused by placement of Banners and the Banner Arms by the Customer on the Lighting Facilities.

Now, therefore, the parties enter into this Agreement as of the dates of execution indicated below.
Preston Cove Community Development District

Federal ID # 87-2200027

By: 	 Name: 	 Title: 	 Date: 	

WITNESSES:
By: 	 Name: 	 Address: 	

By: 	 Name: 	 Address: 	

Pursuant to Section 117.05(13)(a), Florida Statutes, the following notarial certificates are sufficient for an acknowledgment in a representative capacity:

STATE OF 	 ) COUNTY OF 		 )

The foregoing instrument was acknowledged before me by means of [  ] physical presence or [  ] online notarization this 	 day of 		        , 20	, by 	 (name of person) as 			 (type of authority, e.g. officer, trustee, attorney in fact) and who acknowledge that she/he executed the foregoing instrument on behalf of 			 (name of party on behalf of whom instrument was executed). She/he is personally known to me or had produced 			 as identification.

(Notary Seal)	Notary Public
Print Name: 	 My Commission Expires: 	 

ORLANDO UTILITIES COMMISSION
By:	

Name:	Clint Bullock
Title:	General Manager/CEO Date: 		

ATTEST:	By: 	
Name: Paula A. Velasquez Title:	Assistant Secretary

WITNESSES:
By: 	

Name: 	

Address: 	

By: 	

Name: 	
Address: 	

STATE OF FLORIDA COUNTY OF ORANGE

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this     day of 	, 20 , by CLINT BULLOCK, as General Manager, CEO of Orlando Utilities Commission, a Florida statutory commission, on behalf said Commission.  He is personally known to me or has produced
	 as identification.

(Notarial Seal)	Notary Public, State of Florida Print Name: 	

EXHIBIT 1
LIGHTING SERVICE FEES:		
RATE PER MONTH		
Monthly Lighting Service Charge: Capital Investment		
$  991.61	
Maintenance		$  262.50	
Fuel and Energy		$	75.09	
Total	***	$1,329.20	
Upfront Payment	$0.00			
Payment #	$	Check #	Date Posted			
Charge Description #	Work Order #			

Initial Term Charges include Capital Investment, Fuel and Energy, and Maintenance Costs, Subsequent Term Charges include Fuel and Energy, and Maintenance Costs.
*** From time to time, modifications to the original contract design (“Design Modifications”) may be necessary to accommodate local site requirements or other changes which were not anticipated by either party during the original contracting phase. Actual billed amount will be based on the as-built drawings which reflect the Design Modifications.
If the increase in the actual billed amount due to the Design Modifications is up to and including 10% of the Agreement’s original capital investment charge, Customer hereby assumes responsibility for payment of such charge increase without need for notification from OUC or further consent from Customer regarding same.

If the increase in the actual billed amount due to the Design Modifications exceeds 10% of the Agreement’s original capital investment charge, OUC will send to Customer completed Exhibit 2 reflecting such increase and both OUC and Customer shall execute same.

ANNUAL RATE ADJUSTMENT

Taxes may be adjusted periodically. The fees established in this Exhibit 1 may be adjusted by OUC to reflect changes in electric rates, subject to review and approval by the Florida Public Service Commission. The rates for maintenance shall not change by more than three percent (3%) over the prior year’s rate. The capital investment portion of the Monthly Lighting Service Charge shall remain fixed for the term of this Agreement.

LIGHTING SERVICE

The Lighting Service shall provide to CUSTOMER the foot candle lighting output (illuminating capacity) produced from the installation, operation and maintenance of the Lighting Equipment described below or such other functionally equivalent alternative lighting equipment as may be determined by OUC in its sole discretion, provided that such alternative lighting equipment provides the same illuminating capacity as the Lighting Equipment specified below.

LIGHTING EQUIPMENT

OUC Installed Lighting Equipment:

(35) 20' (16' MH) ROUND ALUM POLE DB 3" TENON BLACK	[036-21724]
(35) 60W LED GRANVILLE HOUSING ONLY, BLACK	[036-23136 & 036-21539]

All associated poles, fixtures, parts, wires, photocells, and controllers CUSTOMER Installed Lighting Equipment:
The CUSTOMER is responsible for the installation of the conduit, junction boxes, and bases per OUC specifications. A conduit design layout will be provided to the customer upon full execution of this agreement.
PHASED INSTALLATION PLAN

All at once

INSTALLATION DATE is 180 days after the effective date of this Agreement as defined in 5.2. If OUC and CUSTOMER are ready and able to begin installation, installation may commence prior to the INSTALLATION DATE.

OUTAGE REPORTING

Light out Telephone Number – 407-737-4222
Light out Web Address – http://www.ouc.com/customer-support/outages-and-problems/report-a- streetlight-outage

LEGAL DESCRIPTION OF THE PROPERTY
All private/public roadways and easements within PRESTON COVE PHASE 1 AND 2, according to the plat thereof, as recorded in Plat Book 33, Pages 80-88, of the Public Records of Osceola County, Florida.
PROPERTY / PREMISE LOCATION INFORMATION

Premise Name:	 PRESTON COVE PH 1B	 Premise Address:	 JACK BRACK RD	 City, State, Zip:	 SAINT CLOUD FL 34771	 Premise Number	 TBD	

BILLING INFORMATION

Billing Name:	 Preston Cove Community Development District	 Billing Address:		 City, State, Zip:		 Billing Contact Name:		 Billing Contact Phone:		 Federal Tax ID:	 87-2200027	

ADDITIONAL ACCOUNT INFORMATION TO BE FILLED BY OUC

Customer Account Number:  6644425422	 Work Request No:	 811283	 Comments:		

Certificate of Completion (Exhibit 2)
Notice of Modification to Original Contract Design

Project W.O. #    811283   		OUC Account #   6644425422   Project Name: 	PRESTON COVE PH 1B	 Customer/Account Name    Preston Cove Community Development District	 
Original Monthly Lighting Service Charges, Poles, Fixtures & Installation Scope:

Investment   $991.61 	Maintenance    $262.50	 Fuel & Energy   $75.09	

(35) 20' (16' MH) ROUND ALUM POLE DB 3" TENON BLACK	[036-21724]
(35) 60W LED GRANVILLE HOUSING ONLY, BLACK	[036-23136 & 036-21539]

Amended Monthly Lighting Service Charges per As-Built, Poles, Fixtures & Installation Scope: 

Investment 		Maintenance 	 Fuel & Energy 	
[Insert As Built Streetlight Fixture/Pole Type/Quantity Bill of Material]

Authorized OUC Representative

Signature: 	

Printed Name: 	
Title: 	

Date: 	

Authorized Customer Representative

Signature: 	

Printed Name: 	
Title: 	

Date: 	

Prepared by and return to:
Wayne Morris, Deputy General Counsel Orlando Utilities Commission
100 W. Anderson Street, Orlando, Florida 32801
For Recording Purposes Only

SERVICE AGREEMENT FOR LIGHTING SERVICE PRESTON COVE PH 2
This Agreement is entered into this     day of 	 20 , by and between ORLANDO UTILITIES COMMISSION, whose address is 100 West Anderson Street, Orlando, Florida 32801 (“OUC”) and PRESTON COVE COMMUNITY DEVELOPMENT DISTRICT, whose address is 219 E Livingston St, Orlando, FL 32801, (“Customer”), for the provision of Lighting Service as more particularly set forth below.

DEFINITIONS

“BILLING CYCLE” shall mean the time between the reading date of the prior month bill and the reading date of the current month bill for the lighting Service provided by OUC during that time.

“CUSTOMER” shall mean the legal entity that owns the premises receiving Lighting Service and is responsible for paying the CUSTOMER bill.

“FORCE MAJEURE EVENT” means any event beyond OUC’s reasonable control which results in the failure of some performance under this agreement, including without limitation, acts of God, epidemics, lightning, storms, earthquakes, fires, floods and washouts; strikes, lockouts or other industrial disturbances; acts of the public enemy, wars, blockades, insurrections, civil disturbances and riots; arrests, orders, directives or restraints of government agencies, either local, state, federal, civil or military; or acts of CUSTOMER which prevent OUC from providing Lighting Service.
“INSTALLATION DATE” shall mean the date entered in Exhibit 1, for each phase of the project, upon which OUC is to commence installation of the LIGHTING EQUIPMENT.

“LIGHTING EQUIPMENT” means poles, wires, fixtures, conduit, junction boxes, bases, photocells, controllers, and any other associated parts.

“LIGHTING SERVICE” shall collectively mean, all such installation, operation, maintenance and (if applicable) electric supply services.
“OUC” shall mean ORLANDO UTILITIES COMMISSION, a statutory commission created and existing under the laws of the state of Florida and the municipal utility of the City of Orlando.

SECTION 1:	OUC AGREES THAT DURING THE TERM OF THIS AGREEMENT IT SHALL:
Install the Lighting Equipment listed in Exhibit 1, under the heading entitled “OUC Installed Lighting Equipment” on the CUSTOMER’s property more specifically described in Exhibit 1 (the “Property”), operate and maintain all such Lighting Equipment, and if possible under applicable laws and regulations, provide electric service necessary for the operation of the Lighting Equipment, all in accordance with the rates set forth in Exhibit 1 and the terms and provisions set forth in this Agreement.

Bill CUSTOMER, monthly, for Lighting Service based on the rates set forth in Exhibit 1; provided, however that OUC shall be entitled to adjust the rates charged for Lighting Service as set forth in Exhibit 1. OUC shall annually deliver notice to the CUSTOMER of any such changes to the Lighting Service rates.

SECTION 2: THE CUSTOMER AGREES THAT DURING THE TERM OF THIS AGREEMENT IT SHALL:
Whenever possible under applicable laws and regulations, purchase from OUC all of the electric energy used for the operation of the Lighting Equipment.

Pay by the due date indicated thereon all bills rendered by OUC for Lighting Service provided in accordance with this Agreement.

Trim any and all trees or other foliage that may either obstruct the light output from Lighting Equipment or that may obstruct maintenance access to the Lighting Equipment.
Promptly provide notice to OUC of any inoperative or malfunctioning lights and/or Lighting Equipment installed hereunder via the outage reporting options provided in Exhibit 1, or through subsequent bill inserts or publication in the relevant newspapers of general circulation.

SECTION 3: EASEMENTS AND ACCESS

CUSTOMER hereby grants to OUC an irrevocable right of entry, access, ingress and egress into, over, across, upon and through the Property for purposes of gaining access to the Lighting Equipment. In addition, CUSTOMER hereby grants, transfers and conveys to OUC, an easement over the Property for the purpose of installing, operating, replacing and maintaining the Lighting Equipment as required under this Agreement.

SECTION 4: THE PARTIES MUTUALLY AGREE:
OUC, while exercising reasonable diligence at all times to furnish Lighting Service hereunder, does not guarantee continuous lighting and will not be liable for any damages for any interruption, deficiency or failure of electric service, and reserves the right to interrupt electric service at any time for necessary repairs to lines or equipment. Further, the parties acknowledge that malfunctions (including burned out bulbs) and acts beyond OUC’s

reasonable control do occur from time to time, which may result in the failure of illumination of said lights and/ or Lighting Equipment provided hereunder. Although OUC performs routine maintenance and periodic inspections of said Lighting Equipment installed hereunder, it is the responsibility of the CUSTOMER to promptly notify OUC of any inoperative or malfunctioning lights or Lighting Equipment, regardless of whether such condition or malfunction was discovered or should have been discovered by OUC during the performance of such maintenance or inspection. Subject to such notification and its compliance with the provisions of Florida Statutes § 768.1382(2) & (3) (2007), as may be amended from time to time, OUC is not liable and may not be held liable for any civil damages for personal injury, wrongful death, or property damage affected or caused by the malfunction or failure of illumination of such lights or Lighting Services provided hereunder, regardless of whether the malfunction or failure of illumination is alleged or demonstrated to have contributed in any manner to the personal injury, wrongful death, or property damage.

OUC installation of Lighting Equipment shall be made only when, in the judgment of OUC, the location and the type of the Lighting Equipment are, and will continue to be, easily and economically accessible to OUC equipment and personnel for both construction and maintenance. OUC shall not be in default for its failure to perform its obligations under this Agreement to the extent resulting from a Force Majeure Event. OUC shall be entitled to an extension of time for the performance of Lighting Service sufficient to overcome the effects of any such Force Majeure Event.
Except as specifically permitted under subsection 4.6 below, modification of the Lighting Equipment provided by OUC under this Agreement may only be made through the execution of an additional Agreement between OUC and CUSTOMER or by written amendment to this Agreement, delineating the modifications to be accomplished and (if applicable) setting out any adjustments to the terms and conditions necessitated by the modification. Notwithstanding anything to the contrary contained herein, CUSTOMER shall not possess or have any direction or control over the physical operation of the Lighting Equipment and the possession of the Lighting Equipment and the direction and control of the physical operation of Lighting Equipment shall be vested exclusively with OUC.

OUC shall, at the request of the CUSTOMER, relocate the Lighting Equipment if provided sufficient rights-of-way or easements to do so and the requested relocation does not negatively affect the ability of OUC to provide Lighting Service. The CUSTOMER shall be responsible for the payment of all costs associated with any such CUSTOMER requested relocation of OUC Lighting Equipment.

OUC may, at any time and without the need for CUSTOMER’s permission, substitute any luminaire/lamp installed hereunder with another luminaire/lamp which shall be of at least equal illuminating capacity and efficiency.

OUC shall retain all title right and ownership interest in the Lighting Equipment and shall be responsible to repair or replace (and assumes all risk of loss) for any damage to any Lighting Equipment provided pursuant to

this Agreement; provided, however that notwithstanding the foregoing, OUC shall not be responsible for and the CUSTOMER agrees to take responsibility for, the cost incurred to repair or replace any Lighting Equipment that has been damaged by CUSTOMER, its employees, agents, invitees or licensees or any other third party in which case OUC shall not be required to make such repair or replacement prior to payment by the CUSTOMER for damage. Responsibility to repair or replace damage to any CUSTOMER installed Lighting Equipment transfers to OUC upon inspection and acceptance of the fully installed and energized Lighting Equipment by OUC’s Lighting Inspector.

Should the CUSTOMER fail to pay any bills due and rendered pursuant to this Agreement or otherwise fail to perform its obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, OUC may cease to supply the Lighting Service until the CUSTOMER has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of OUC to exercise its rights hereunder shall not be deemed a waiver of such rights. It is understood, however, that such discontinuance of the supplying of the Lighting Service shall not constitute a breach of this Agreement by OUC, nor shall it relieve the CUSTOMER of the obligation to perform any of the terms and conditions of this Agreement.

CUSTOMER shall be entitled to assign its rights under this Agreement to the CUSTOMER’s successor in title to the Property upon which the Lighting Equipment are installed with the written consent of OUC, which shall not be unreasonably withheld. No assignment shall relieve the CUSTOMER from its obligations hereunder until such obligations have been assumed by the Purchaser in writing and agreed to by OUC.
This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the CUSTOMER and OUC, with respect to the Lighting Service referenced herein and along with OUC’s electric service tariffs, constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by OUC to third parties.

CUSTOMER recognizes and agrees that it is ultimately responsible for the payment of all sales, municipal, use, excise, gross receipts and other taxes that may apply to, or be imposed upon, the transaction that is the subject of this Agreement, if any, irrespective of when such taxes may be charged or assessed against OUC. Any non-collection or non-assessment of such taxes by OUC contemporaneously with the occurrence of the transaction shall not waive, release or diminish CUSTOMER’s ultimate responsibility for the payment thereof, irrespective of whether such taxes are later charged or assessed by OUC or the applicable taxing authority(ies).
This Agreement shall inure to the benefit of, and be binding upon the successors and permitted assigns of the CUSTOMER and OUC.

OUC will exercise reasonable efforts to furnish Lighting Service hereunder in a manner which will allow continuous operation of the Lighting Equipment,

but OUC does not warrant the continuous operation of the Lighting Equipment and shall not be liable for any damages for any interruption, deficiency or failure of Lighting Equipment. Notwithstanding any other provision of this Agreement, in no event shall OUC have any liability to CUSTOMER under this Agreement, whether based in contract, in tort (including negligence and strict liability) or otherwise, for: (a) any special, incidental, indirect, exemplary or consequential damages; (b) damages with respect to costs of capital, costs of replacement power, loss of profits or revenues, or loss of use of plant or equipment, irrespective of whether such damages may be categorized as direct, special, consequential, incidental, indirect, exemplary or otherwise.

CUSTOMER shall locate and advise OUC, its agents, employees, servants or subcontractors, through the provision of an accurate map and other necessary written descriptions, of the exact location of all underground facilities, including, but not limited to: sewage pipes, septic tanks, walls, swimming pools, sprinkler systems, conduits, cables, valves, lines, fuel storage tanks, and storm drainage systems (“Underground Facilities”) at the installation site at least two (2) days prior to the commencement of any work by OUC at the installation site. Any and all cost or liability for damage to Underground Facilities by OUC that were not properly identified by the CUSTOMER, as described under this paragraph, shall be paid by the CUSTOMER. Except for those claims, losses and damages arising out of OUC’s sole negligence, the CUSTOMER agrees to defend, at its own expense and indemnify OUC, its respective commissioner, officers, agents, employees, servants, contractors for any and all claims, losses and damages, including attorney’s fees and costs, which arise or are alleged to have arisen out of furnishing, design, installation, operation, maintenance or removal of the Lighting Equipment.
SECTION 5: TERM, EFFECTIVE DATE, INSTALLATION DATE, AMENDMENT, TERMINATION AND BILLING

The initial term of this Agreement (the “Term”) shall be for twenty 20 years. The initial term shall begin upon the due date of the first monthly invoice (bill) delivered to CUSTOMER for installed lighting or the capital investment portion of the Monthly Lighting Service Charge as set forth in section 5.3 herein below, whichever occurs first, and shall terminate at the end of two hundred and forty (240) consecutive Billing Cycles thereafter, unless extended or otherwise modified pursuant to the provisions herein. In the event that a phased installation of Lighting Equipment is to be provided by OUC by means of the Phase Installation Plan described in Exhibit 1, each development phase completed shall have its own Term (which shall commence and terminate as set forth above in this paragraph) and Installation Date under this Agreement.
The effective date of this Agreement shall be the date of execution by the CUSTOMER or OUC, whichever is later.

If OUC is ready and able to begin installation of the Lighting Equipment on the Installation Date, and the CUSTOMER is not ready and able to accept installation of the Lighting Equipment, OUC shall bill CUSTOMER monthly for the capital investment portion of the Monthly Lighting Service Charge,

until such time as the CUSTOMER is able to commence accepting installation as set forth herein. CUSTOMER may change the Installation Date by providing OUC written notice of the new Installation Date no later than one hundred (100) days prior to the original Installation Date; however, in no event shall the new Installation Date exceed six (6) months from the original Installation Date. Provided that written notice is received by OUC at least 100 days prior to the original installation date, CUSTOMER shall not be responsible for paying the monthly bill for the capital investment portion of the Lighting Service Charge. Notwithstanding any of the foregoing, the CUSTOMER shall be liable for paying the monthly bill for the capital investment portion of the Monthly Lighting Service Charge if CUSTOMER is not ready and able to accept installation of the Lighting Equipment on the new Installation Date or the date ending six (6) months after the original Installation Date, whichever occurs first. OUC reserves the right to adjust pricing when CUSTOMER changes the original Installation Date.
This Agreement may only be amended in writing and such amendment must be executed with the same degree of formality as this Agreement. Notwithstanding the foregoing, the annual adjustment to rates as set forth in Exhibit 1 shall not require an amendment to this Agreement provided such annual rate adjustment does not exceed three percent (3%) over the prior year’s rate.

The CUSTOMER may opt to terminate the Agreement at the end of the initial or subsequent Terms by providing to OUC at least sixty (60) days advance written notice. In the event that CUSTOMER terminates this agreement before the end of the initial or subsequent Terms, CUSTOMER shall be liable to OUC for the capital investment portion of the Monthly Lighting Service Charge set forth in Exhibit 1 for the remainder of the Term and all direct and consequential damages incurred by OUC as a result of such early termination, including the cost incurred by OUC to remove the Lighting Equipment. In addition to the foregoing, OUC shall have the right to pursue all other remedies or damages available at law or in equity. OUC may terminate this Agreement if at any time during the Term a final court decision is issued, an Internal Revenue Service ruling is issued, or a change in the applicable statutes or regulations occurs, any of which in the reasonable opinion of OUC's general counsel, results in the continued existence of this Agreement having a material adverse effect on OUC's ability to issue tax exempt bonds. Any such termination shall be made by 30 days’ prior written notice from OUC to CUSTOMER. The CUSTOMER will be responsible for the cost incurred by OUC to remove the Lighting Equipment. OUC shall issue a bill to the CUSTOMER for removal costs once removal has been completed.

Billing shall commence upon the energization of the first lights or as set forth in section 5.3 above.

SECTION 6: MISCELLANEOUS

Governing Law: The validity, construction, and performance of this agreement, shall be in accordance with the laws of the State of Florida without application of its choice-of-law rules.

Severability: If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

Notices: All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given and received: (a) five (5) days after such notice has been deposited in the United States Mail, certified, return receipt requested, with proper postage affixed thereto if the recipient is also provided a facsimile transmittal on the same date as mailed, otherwise, when the recipient receives the U.S. Mail transmittal, (b) one (1) Business day after such notice has been deposited with Federal Express, Express Mail, or other expedited mail or package delivery service guaranteeing delivery no later than the next Business Day, or (c) upon hand delivery to the appropriate address and person as herein provided if a receipt evidencing delivery has been retained. “Electronic mail” shall not be considered a “writing” for purposes hereof. All notices shall be delivered or sent to the Parties at their respective address(es) or number(s) shown below or to such other address(es) or number(s) as a Party may designate by prior written notice given in accordance with this provision to the other Party:

If to OUC:
Orlando Utilities Commission 100 West Anderson Street Orlando, Florida 32801
Attention: Office of The General Counsel If to Customer:
Preston Cove Community Development District

Attention: 	

Entire Agreement: This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any and all prior contemporaneous written and oral agreements, proposals, negotiations, understanding and representations pertaining to the subject matter hereof.

Time Is Of The Essence: Time is hereby declared of the essence as to all time periods set forth in this Agreement.

Waiver: The failure of a party to insist on strict performance of any provision under this Agreement, or to take advantage of any right hereunder shall not be construed as a waiver of future violations of such provision or right. Any waiver at any time by any party hereto of its rights with respect to the other party, or with respect to any matter arising in connection with this Agreement

shall not be considered a waiver of any such rights or matters at any subsequent time.
OUC may allow, upon request, the installation of a camera on its poles under the following circumstances:

OUC will not be responsible for the installation, maintenance, or removal of any camera nor will OUC provide electricity to power such camera unless metered.
The camera will be securely installed high enough on the pole so as not to impede vehicle or pedestrian flow and low enough as to not interfere with any purpose of the pole whether lighting, wire support or both.
OUC will expect to recover any costs incurred due to any damage caused by allowing this accommodation.
The installer, camera owner, and/or party instigating this action shall indemnify, save and hold OUC harmless from all loss, damage, claims, liability and expense whatsoever arising from this activity.
7.  The Customer shall have the right, from time to time as the Customer shall deem appropriate, to hang banners, signs, flags and holiday decorations (collectively the “Banners”) from banner arms to be attached by the Customer to the Lighting Facilities; provided, however, that same shall comply in all respects with applicable laws and regulations. Said banner arms shall be of the type and size consistent with the wind loading capabilities of the Lighting Facilities and shall be pre-approved by OUC (the “Banner Arms”). The Customer shall be responsible for acquiring, installing and maintaining all the Banner Arms. The Customer shall be responsible to repair or replace (and assumes all risk of loss) for any damage to any Banner Arms. Notwithstanding anything herein to the contrary, in the event the Lighting Facilities are damaged by the Banners or the Banner Arms the Customer shall be liable to OUC for said damage. OUC shall not be liable for any permits, fees or liabilities (of whatever kind or nature) related to the Banner Arms or the Banners placed thereon, including but not limited to the content of Banners. Notwithstanding anything herein to the contrary, the parties agree that OUC shall not be liable for any claim, demand, liability, judgment, action or right of action, of whatever kind or nature, either in law or equity, arising from or by reason of any type of liability including but not limited to contractual liability, bodily injury or personal injuries, death, or occurrence due to placement of the Banners and/or the Banner Arms on the Lighting Facilities. Customer shall to the maximum extent permitted by law defend, indemnify, and hold harmless OUC, its officers, directors, and employees from and against all claims, damages, losses, and expenses, (including but not limited to fees and charges of attorneys or other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from injury or death of third parties (including OUC employees and agents), or damage to property caused by placement of Banners and the Banner Arms by the Customer on the Lighting Facilities.

Now, therefore, the parties enter into this Agreement as of the dates of execution indicated below.
Preston Cove Community Development District

Federal ID # 87-2200027

By: 	 Name: 	 Title: 	 Date: 	

WITNESSES:
By: 	 Name: 	 Address: 	

By: 	 Name: 	 Address: 	

Pursuant to Section 117.05(13)(a), Florida Statutes, the following notarial certificates are sufficient for an acknowledgment in a representative capacity:

STATE OF 	 ) COUNTY OF 		 )

The foregoing instrument was acknowledged before me by means of [  ] physical presence or [  ] online notarization this 	 day of 		        , 20	, by 	 (name of person) as 			 (type of authority, e.g. officer, trustee, attorney in fact) and who acknowledge that she/he executed the foregoing instrument on behalf of 			 (name of party on behalf of whom instrument was executed). She/he is personally known to me or had produced 			 as identification.

(Notary Seal)	Notary Public
Print Name: 	 My Commission Expires: 	 

ORLANDO UTILITIES COMMISSION
By:	

Name:	Clint Bullock
Title:	General Manager/CEO Date: 		

ATTEST:	By: 	
Name: Paula A. Velasquez Title:	Assistant Secretary

WITNESSES:
By: 	

Name: 	

Address: 	

By: 	

Name: 	
Address: 	

STATE OF FLORIDA COUNTY OF ORANGE

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this     day of 	, 20 , by CLINT BULLOCK, as General Manager, CEO of Orlando Utilities Commission, a Florida statutory commission, on behalf said Commission.  He is personally known to me or has produced
	 as identification.

(Notarial Seal)	Notary Public, State of Florida Print Name: 	

EXHIBIT 1
LIGHTING SERVICE FEES:		
RATE PER MONTH		
Monthly Lighting Service Charge: Capital Investment		
$1,385.82	
Maintenance		$  367.50	
Fuel and Energy		$  105.12	
Total	***	$1,858.44	
Upfront Payment	$0.00			
Payment #	$	Check #	Date Posted			
Charge Description #	Work Order #			

Initial Term Charges include Capital Investment, Fuel and Energy, and Maintenance Costs, Subsequent Term Charges include Fuel and Energy, and Maintenance Costs.
*** From time to time, modifications to the original contract design (“Design Modifications”) may be necessary to accommodate local site requirements or other changes which were not anticipated by either party during the original contracting phase. Actual billed amount will be based on the as-built drawings which reflect the Design Modifications.
If the increase in the actual billed amount due to the Design Modifications is up to and including 10% of the Agreement’s original capital investment charge, Customer hereby assumes responsibility for payment of such charge increase without need for notification from OUC or further consent from Customer regarding same.

If the increase in the actual billed amount due to the Design Modifications exceeds 10% of the Agreement’s original capital investment charge, OUC will send to Customer completed Exhibit 2 reflecting such increase and both OUC and Customer shall execute same.

ANNUAL RATE ADJUSTMENT

Taxes may be adjusted periodically. The fees established in this Exhibit 1 may be adjusted by OUC to reflect changes in electric rates, subject to review and approval by the Florida Public Service Commission. The rates for maintenance shall not change by more than three percent (3%) over the prior year’s rate. The capital investment portion of the Monthly Lighting Service Charge shall remain fixed for the term of this Agreement.

LIGHTING SERVICE

The Lighting Service shall provide to CUSTOMER the foot candle lighting output (illuminating capacity) produced from the installation, operation and maintenance of the Lighting Equipment described below or such other functionally equivalent alternative lighting equipment as may be determined by OUC in its sole discretion, provided that such alternative lighting equipment provides the same illuminating capacity as the Lighting Equipment specified below.

LIGHTING EQUIPMENT

OUC Installed Lighting Equipment:		
(49) 20' (16' MH) ROUND ALUM POLE DB 3" TENON BLACK	[036-21724]	
(49) 60W GRANVILLE FIXTURE LED TYPE III	[036-21539/036-23136]	

All associated poles, fixtures, parts, wires, photocells, and controllers CUSTOMER Installed Lighting Equipment:
The CUSTOMER is responsible for the installation of the conduit, junction boxes, and bases per OUC specifications. A conduit design layout will be provided to the customer upon full execution of this agreement.
PHASED INSTALLATION PLAN

All at once

INSTALLATION DATE is 180 days after the effective date of this Agreement as defined in 5.2. If OUC and CUSTOMER are ready and able to begin installation, installation may commence prior to the INSTALLATION DATE.

OUTAGE REPORTING

Light out Telephone Number – 407-737-4222
Light out Web Address – http://www.ouc.com/customer-support/outages-and-problems/report-a- streetlight-outage

LEGAL DESCRIPTION OF THE PROPERTY
All private/public roadways and easements within PRESTON COVE PHASE 1 AND 2, according to the plat thereof, as recorded in Plat Book 33, Pages 80-88, of the Public Records of Osceola County, Florida.
PROPERTY / PREMISE LOCATION INFORMATION

Premise Name:	 PRESTON COVE PH2	 Premise Address:	 JACK BRACK RD	 City, State, Zip:	 SAINT CLOUD FL 34771	 Premise Number	 TBD	

BILLING INFORMATION

Billing Name:	 Preston Cove Community Development District	 Billing Address:		 City, State, Zip:		 Billing Contact Name:		 Billing Contact Phone:		 Federal Tax ID:	 87-2200027	

ADDITIONAL ACCOUNT INFORMATION TO BE FILLED BY OUC

Customer Account Number:  6644425422	 Work Request No:	 811478	 Comments:		

Certificate of Completion (Exhibit 2)
Notice of Modification to Original Contract Design

Project W.O. # 	811478				OUC Account # 	6644425422		  Project Name: 				PRESTON COVE PH 2		 Customer/Account Name 	Preston Cove Community Development District		
Original Monthly Lighting Service Charges, Poles, Fixtures & Installation Scope:

Investment  $1,385.82 	Maintenance    $367.50	 Fuel & Energy  $105.12	

(49)	20' (16' MH) ROUND ALUM POLE DB 3" TENON BLACK	[036-21724]	
(49)	60W GRANVILLE FIXTURE LED TYPE III	[036-21539/036-23136]	

Amended Monthly Lighting Service Charges per As-Built, Poles, Fixtures & Installation Scope: 

Investment 		Maintenance 	 Fuel & Energy 	
[Insert As Built Streetlight Fixture/Pole Type/Quantity Bill of Material]

Authorized OUC Representative

Signature: 	

Printed Name: 	
Title: 	

Date: 	

Authorized Customer Representative

Signature: 	

Printed Name: 	
Title: 	

Date: 	

!!"#$%& 5

AQUATIC PLANT MANAGEMENT AGREEMENT
(Preston Cove Community Development District)

THIS AQUATIC PLANT MANAGEMENT AGREEMENT (“Agreement”) is made
and enter into effective as of the 1st day of October, 2024 (the “Effective Date”), between the PRESTON COVE COMMUNITY DEVELOPMENT DISTRICT (hereinafter referred to as the “District”), a local unit of special purpose government created under Chapter 190, Florida Statutes, whose mailing address is c/o Governmental Management Services – Central Florida, LLC, 219 East Livingston Street, Orlando, Florida 32801 and AQUATIC WEED MANAGEMENT, INC., a Florida corporation, (hereinafter referred to as “Contractor”), whose mailing address is P.O. Box 1259, Haines City, Florida 33845.

W I T N E S S E T H:

Subject to and upon the terms and conditions of this Agreement and in consideration of the mutual promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the District and Contractor agree as follows:

DEFINITIONS.

Agreement. The Agreement consists of this Agreement and the Contractor’s “Estimate No. 1479” proposal, dated August 9, 2024, attached hereto as Exhibit “A” (hereinafter referred to as the “Proposal”). The Agreement represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representation, or agreements, either written or oral. The Agreement may be amended or modified only as set forth below in Article 14. In the event of any conflict between the terms herein and the term(s) in the Proposal, the terms herein shall prevail.

Services/Work. The terms “Work” or “Services” as used in this Agreement shall be construed to include all work set forth in the Proposal and all obligations of the Contractor under this Agreement, including any addenda or special conditions. In the event of any conflict between the terms of the Proposal with the terms of this Agreement, the terms of this Agreement shall prevail.

SCOPE OF WORK. A description of the nature, scope, and schedule of services/Work to be performed by Contractor under this Agreement shall be pursuant to the Proposal attached hereto as Exhibit “A” and incorporated herein. The area to be included under this Agreement may be amended by the mutual consent of the District and the Contractor.

COMMENCEMENT OF SERVICES AND TERM. Contractor shall commence the Work on the Effective Date and continue for twelve (12) months.
DISTRICT MANAGER.
The District’s authorized representative (herein referred to as the “District Manager”) shall be the District Manager of the District, which is Governmental Management Services – Central Florida, LLC, whose mailing address is 219 East Livingston Street, Orlando, Florida 32801, Attention: Jeremy LeBrun; provided, however, that the District may, without

liability to the Contractor, unilaterally amend this Article from time to time by designating a different person or organization to act as its representative and so advising the Contractor in writing, at which time the person or organization so designated shall be the District’s representative for the purpose of this Agreement. To be effective, such change in authorized represented must come from District counsel or the District’s Chairman.

All actions to be taken by, all approvals, notices, consent, directions and instruction to be given by, all notices and other matters to be delivered to, all determinations and decisions to be made by and, in general, all other action to be taken by, or given to, the District shall be taken, given, and made by, or delivered or given to the District Manager in the name of and on behalf of the District; provided, however, that the District (and not the District Manager or any other agents of the District) shall be solely obligated to the Contractor for all sums required to be paid by the District to the Contractor hereunder.

COMPENSATION, PAYMENTS AND INSPECTION RIGHTS PRIOR TO FINAL PAYMENT.
The District agrees to pay Contractor for the Work in the total amount of
$11,400.00, payable pursuant to the Proposal as follows:
A monthly fee of $950.00 for twelve (12) months.
Work Authorizations shall mean orders or directives issued by the District. Work Authorizations shall be issued for repairs or emergency services, changes to the scope of the area in which services are required, or for any services beyond those set forth in Article 2. Work performed under a Work Authorization may be paid either on a lump sum basis, a unit price basis, or a time and material basis in the District’s sole discretion. Contractor shall not be entitled to compensation for Work outside the scope of Article 2 unless Contractor has obtained prior written authorization of District to perform the same.

District retains the right to reduce any portion of Contractor’s Scope of Work as set forth in Article 2. Should this occur, a revised Scope of Work and reduced compensation shall be agreed upon in writing by both District and Contractor.

After the Work is completed, the District shall have the right to inspect and/or review the Work to accept or deny the sufficiency of the Work before payment is required to be made by the District to the Contractor.

REPRESENTATATIONS, WARRANTIES AND COVENANTS.

Contractor hereby represents to District that: (i) it has the experience, qualifications and skill to perform the Work as set forth in this Agreement; (ii) it is duly licensed and permitted to observe and perform the terms, covenants, conditions and other provisions on its part to be observed or performed under this Agreement; (iii) has the necessary equipment, materials and inventory required to perform the Work as set forth in this Agreement; (iv) it has by careful examination satisfied itself as to: (a) the nature, location and character of the area in which the Work is to be performed including, without limitation, the surface conditions of the land and

all structures and obstructions thereon, both natural and manmade, the surface water conditions of the area, and to the extent pertinent, all other conditions; and (b) all other matters or things which could in any manner affect the performance of the Work.

The Contractor warrants to the District that all materials furnished under this Agreement shall be new unless otherwise specified, and that all Work shall be of good quality, free from faults and defects and in conformance with the Agreement Documents.

EMPLOYEES; INDEPENDENT CONTRACTOR STATUS.

All matters pertaining to the employment, supervision, compensation, insurance, promotion, and discharge of any employees of Contractor or of entities retained by Contractor are the sole responsibility of Contractor. Contractor shall fully comply with all applicable acts and regulations having to do with workman’s compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer- employee related subjects. Contractor shall obtain, for each individual Contractor employs on the District’s premises at any time, a criminal background check performed by an appropriate federal or state agency, or by a professional and licensed private investigator, and shall make, based on the results of such background checks, employment suitability determinations for each employee that are reasonable and customary within the Contractor’s industry. Contractor shall maintain copies of said background checks on file so long as the subject individual(s) remains in Contractor’s employ, and Contractor shall make all background checks available for District’s review upon request. Contractor shall enforce strict discipline and good order among its employees on the District’s premises. Contractor shall comply with all requirements of the E-Verify System as set forth in Article 18.

Contractor is an independent contractor and not an employee of the District. It is further acknowledged that nothing herein shall be deemed to create or establish a partnership or joint venture between the District and Contractor. Contractor has no authority to enter into any contracts or contracts, whether oral or written, on behalf of the District.

COMPLIANCE WITH LAWS, REGULATIONS, RULES AND POLICIES.

At all times, Contractor shall operate in accordance with all applicable laws, statutes, regulations, rules, ordinances, policies, permits and orders. Contractor is responsible for obtaining all permits or other approvals required for this work.

Contractor hereby covenants and agrees to comply with all the rules, ordinances and regulations of governmental authorities wherein the District’s facilities are located, as said rules, etc. may specifically relate to Contractor or its services provided hereunder, at Contractor’s sole cost and expense, and Contractor will take such action as may be necessary to comply with any and all notices, orders or other requirements affecting the services described herein as may be issued by any governmental agency having jurisdiction over Contractor, unless specifically instructed by the District that it intends to contest such orders or requirements and that Contractor shall not comply with the same. Contractor shall provide immediate notice to the District of any such orders or requirements upon receipt of same.

The District is a local unit of special purpose government created in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. Contractor agrees to comply with all applicable requirements of the “Sunshine Law,” the “Public Records Law,” the Community Development Districts Law, and all other statutes and regulations applicable to Contractor.

WORKPLACE ENVIRONMENT AND PUBLIC SAFETY.

Contractor agrees to provide a safe and healthy workplace environment for its employees and agents and a safe and healthy environment for the public at all times. Contractor shall promptly correct any unsafe condition or health hazard in its control and shall immediately report any such condition to the District. In addition to all other requirements of this Agreement, Contractor shall comply with all federal, state, and local laws and regulations related to health and safety. Further, Contractor acknowledges that all vehicles and equipment must be properly and safely operated and, where applicable, licensed and/or permitted, to operate on public roadways. Contractor acknowledges that it is responsible for public safety issues including but not limited to, proper work methods, use of protective equipment, safe maintenance, traffic control through work zones, and handling and use of materials, vehicles, and equipment.

The Contractor agrees that it alone bears the responsibility for providing a safe and healthy workplace, and that nothing in this Agreement suggests that the District has undertaken or assumed any part of that responsibility.

Contractor shall, prior to performing any of the Work, provide employees with training to perform their jobs safely, including instruction in proper work methods, use of protective equipment, and safe maintenance, handling and use of materials, vehicles, and equipment. Contractor will not ask or allow any employee to operate any vehicle or equipment until the employee has received all relevant and advisable training. Contractor shall assure that all employees are licensed and/or have all applicable permits, necessary to perform the Work.

Contractor will furnish, at its expense, all safety and protective equipment required or advisable for the protection of employees.

PUBLIC RECORDS AND OWNERSHIP OF BOOKS AND RECORDS.

Contractor understands and agrees that all documents of any kind relating to this Agreement may be public records and, accordingly, Contractor agrees to comply with all applicable provisions of Florida public records law, including but not limited to the provisions of Chapter 119, Florida Statutes. Contractor acknowledges and agrees that the public records custodian of the District is the District Manager, which is currently Governmental Management Services – Central Florida, LLC (the “Public Records Custodian”). Contractor shall, to the extent applicable by law:

Keep and maintain public records required by District to perform services;
Upon request by District, provide District with the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes;

Ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Agreement term and following the Agreement term if the Contractor does not transfer the records to the Public Records Custodian of the District; and

Upon completion of the Agreement, transfer to District, at no cost, all public records in District’s possession or, alternatively, keep, maintain, and meet all applicable requirements for retaining public records pursuant to Florida laws.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DISTRICT’S CUSTODIAN OF PUBLIC RECORDS AT (407-841-5524), OR BY EMAIL AT JLEBRUN@GMSCFL.COM, OR BY REGULAR MAIL AT 219 E. LIVINGSTON STREET, ORLANDO, FLORIDA 32801, ATTN.: DISTRICT PUBLIC RECORDS CUSTODIAN.
INSURANCE.

Contractor shall, throughout the performance of its services pursuant to this Agreement, maintain at a minimum:

Occurrence based comprehensive general liability insurance (including broad form contractual coverage), with a minimum limit of $1,000,000 single limit per occurrence, protecting it and District from claims for bodily injury (including death), property damage, contractual liability, products liability and personal injury which may arise from or in connection with the performance of Contractor’s Work under this Agreement or from or out of any act or omission of Contractor, its officers, directors, agents, and employees; and
Occurrence based automobile liability insurance including bodily injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles with limits of not less than $1,000,000.00 combined single limit covering all work performed hereunder; and

Workers' compensation insurance as required by applicable law (or employer's liability insurance with respect to any employee not covered by workers' compensation) with minimum limits of One Hundred Thousand Dollars ($100,000) per occurrence; and

Employers liability, with a minimum coverage level of $1,000,000.

All such insurance required in Paragraph 11(a) shall be with companies and on forms acceptable to District and shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days prior written notice thereof is furnished to District; the insurance required under paragraph 11(a)(i) shall name the District as an additional insured. Certificates of

insurance (and copies of all policies, if required by the District) shall be furnished to the District. In the event of any cancellation or reduction of coverage, Contractor shall obtain substitute coverage as required under this Agreement, without any lapse of coverage to District whatsoever.

SOVEREIGN IMMUNITY. Nothing contained herein, or in the Agreement, or in the Terms and Conditions, shall cause or be construed as a waiver of the District’s immunity or limitations on liability granted pursuant to Section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which could otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

INDEMNIFICATION. Contractor agrees to indemnify, save harmless and defend the District, its officers, directors, board members, employees, agents and assigns, from and against any and all liabilities, claims, penalties, forfeitures, suits, legal or administrative proceedings, demands, fines, punitive damages, losses, liabilities and interests, and any and all costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees, which shall include fees incurred in any administrative, judicial or appellate proceeding) which the District, their officers, directors, board members, employees, agents and assigns, may hereafter incur, become responsible for or pay out to the extent arising out of (i) Contractor’s (or its agents, employees or subcontractors) breach of any term or provision of this Agreement, or (ii) any negligent or intentional act or omission of Contractor, its agents, employees or sub-contractors, related to or in the performance of this Agreement.

MODIFICATIONS, ADDITIONS OR DELETIONS TO THE SERVICES.

A Work Authorization shall be in writing by the District, which shall consist of additions, deletions, or other modifications to the Agreement.

The District may, from time to time, without affecting the validity of the Agreement, or any term or condition thereof, issue Work Authorizations which may identify additional or a revised scope of Work, or other written instructions and orders, which shall be governed by the provisions of the Agreement. The Contractor shall comply with all such orders and instructions issued by the District. Upon receipt of any Work Authorization, the Contractor shall promptly proceed with the work, and the resultant decrease or increase in the amount to be paid the Contractor, if any, shall be governed by the provisions of Article 5 in this Agreement.

PROTECTION OF PERSONS AND PROPERTY; MONITORING.

In addition to all other requirements hereunder, the Contractor shall be responsible for initiating, maintaining and supervising safety precautions and programs in connection with the Work, and shall provide all protection to prevent injury to persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents guests, visitors, invitees and licensees of the District and community residents, tenants, and the general public that may be affected thereby.

All Work, whether performed by the Contractor, its Subcontractors, or anyone directly or indirectly employed by any of them, and all applicable equipment, machinery,

materials, tools and like items used in the Work, shall be in compliance with, and conform to: (i) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority; and (ii) all codes, rules, regulations and requirements of the District and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern.

The Contractor shall at all times keep the general area in which the Work are to be performed, including but not limited to sidewalks, roadways, trails, rights-of-way, open spaces, and all such areas impacted by the Work, clean and free from accumulation of waste materials or rubbish (including, without limitation, hazardous waste), caused by performance of the Work, and shall continuously throughout performance of the Services, remove and dispose of all such materials. The District may require the Contractor to comply with such standards, means and methods of cleanup, removal or disposal as the District may make known to the Contractor. In the event the Contractor fails to keep the general area in which the Work are to be performed clean and free from such waste or rubbish, or to comply with such standards, means and methods, the District may take such action and offset any and all costs or expenses of whatever nature paid or incurred by the District in undertaking such action against any sums then or thereafter due to the Contractor.

Contractor shall cooperate with and participate in, at no additional cost or charge, all programs, plans or routines for monitoring and reporting to District, as required in the sole discretion of the District, to ensure satisfactory performance of the Work provided hereunder.

SUSPENSION OR TERMINATION.

Anything in this Agreement to the contrary notwithstanding, District shall, in its sole discretion and without cause, have the right to suspend or terminate this Agreement upon ten (10) days prior written notice to Contractor. Contractor shall be compensated for all work performed prior to the termination.

If the Contractor should become insolvent, file any bankruptcy proceedings, make a general assignment for the benefit of creditors, suffer or allow appointment of a receiver, refuse, fail or be unable to make prompt payment to Subcontractors, disregard applicable laws, ordinances, governmental orders or regulations or the instructions of the District, or if the Contractor should otherwise be guilty of a violation of, or in default under, any provisions of the Agreement, then the District may, without prejudice to any other right or remedy available to the District and after giving the Contractor and its surety, if any, seven (7) days written notice, terminate the Contract and the employment of Contractor. In addition, without terminating this Contract as a whole, the District may, under any of the circumstances above, terminate any portion of this Contract (by reducing, in such as manner as District deems appropriate, the Scope of Service to be performed by the Contractor) and complete the portion of this Contract so terminated in such manner as the District may deem expedient.

SUBCONTRACTORS. If the Contractor desires to employ Subcontractors in connection with the performance of its Work under this Agreement:

Nothing contained in the Agreement shall create any contractual relationship between the District and any Subcontractor. However, it is acknowledged that the District is an intended third-party beneficiary of the obligations of the Subcontractors related to the Services.

Contractor shall coordinate the services of any Subcontractors and remain fully responsible under the terms of this Agreement; Contractor shall be and remain responsible for the quality, timeliness and coordinate of all Work furnished by the Contractor or its Subcontractors.

All subcontracts shall be written. Each subcontract shall contain a reference to this Agreement and shall incorporate the terms and condition of this Agreement to the full extent applicable to the portion of the Work covered thereby. Each Subcontractor must agree, for the benefit of the District, to be bound by such terms and conditions to the full extent applicable to its portion of the Work.

COMPLIANCE WITH E-VERIFY SYSTEM
The Contractor shall comply with and perform all applicable provisions and requirements of Section 448.095, Florida Statutes and Section 448.09(1), Florida Statues. Accordingly, beginning on the Effective Date, to the extent required by Section 448.095, Florida Statutes, the Contractor shall enroll with and use the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes.

If the Contractor anticipates entering into agreements with a subcontractor for the work, Contractor will not enter into the subcontractor agreement without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request. In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Contractor has otherwise complied with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Contractor or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

NOTICE.

Notices required or permitted to be given under this Agreement shall be in writing, may be delivered personally or by mail, overnight delivery service, or courier service, and shall be given when received by the addressee. Notices shall be addressed as follows:

If to District:	Preston Cove Community Development District
c/o Governmental Management Services – Central Florida, LLC 219 East Livingston Street
Orlando, Florida 32801
Attention: Jeremy LeBrun, District Manager Telephone: (407) 841-5524

with copy to:	Latham, Luna, Eden & Beaudine, LLP
201 S. Orange Ave., Suite 1400
Orlando, Florida 32801
Attention: Jan Albanese Carpenter, Esq., District Counsel Telephone: (407) 481-5800
If to Contractor:	Aquatic Weed Management, Inc.
P.O. Box 1259,
Haines City, Florida 33845 Telephone: (863) 412-1919

Notwithstanding the foregoing, any notice sent to the last designated address of the party to whom a notice may be or is required to be delivered under this Agreement shall not be deemed ineffective if actual delivery cannot be made due to a change of address of the party to whom the notice is directed or the failure or refusal of such party to accept delivery of the notice. Parties may change notice address by delivering written notice by mail, overnight delivery service, or courier service to the other party and such change shall become effective when received by the addressee.

ATTORNEYS’ FEES. If either party hereto institutes an action or proceeding for a declaration of the rights of the parties the Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, the Agreement, or in the event any party hereto is in default of its obligations pursuant hereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting or prevailing party shall be entitled to its actual attorneys’ fees and to any court costs and expenses incurred, in addition to any other damages or relief awarded.

GOVERNING LAW AND JURISDICTION. This Agreement shall be interpreted and enforced under the laws of the State of Florida. The parties will follow the terms of the Agreement only to the extent they are enforceable or permitted under Florida law. Any litigation arising under this Agreement shall occur in a court having jurisdiction in Osceola County, Florida. THE PARTIES WAIVE TRIAL BY JURY AND AGREE TO SUBMIT TO PERSONAL JURISDICTION AND VENUE IN OSCEOLA COUNTY, FLORIDA.

SEVERABILITY. In the event that any provision of this Agreement is judicially construed to be invalid by a court of competent jurisdiction, such provision shall then be construed

in a manner allowing its validity, or if this leads to an impracticable result, shall be stricken, but in either event, all other provisions of the Agreement shall remain in full force and effect.

NO WAIVER. No failure by either party to insist upon the strict performance of any covenant, duty, contract, or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, contract, term, or condition. Any party hereto, by written notice executed by such party, 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. No waiver shall affect or alter this Agreement, but each and every covenant, contract, term, and condition of this Agreement shall continue in full force and effect with respect to any other then-existing or subsequent breach thereof.

NO MODIFICATION. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the parties against which such enforcement is or may be sought. This instrument contains the entire contract made between the parties and may not be modified orally or in any manner other than by a contract in writing signed by all parties hereto or their respective successors in interest.
TIME IS OF THE ESSENCE. The time for delivery and/or completion of the Work to be performed under the Agreement shall be of the essence of the Agreement.

ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the parties as an arm’s length transaction. In addition to the representations and warranties contained herein, the Contractor acknowledges that prior to the execution of the Agreement it has thoroughly reviewed and inspected the Agreement documents, and satisfied itself regarding any error, inconsistency, discrepancy, ambiguity, omission, insufficiency of detail or explanation. Contractor further acknowledges that the parties have participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all Parties are deemed to have drafted, chosen and selected the language, and doubtful language will not be interpreted or construed against any Party.

COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same effect as if all parties had signed the same document. All fully executed counterparts shall be construed together and shall constitute one and the same contract.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Docusign Envelope ID: 110C9562-71FF-44E6-B7CC-31461329B511

Shaman Foradi

EXHIBIT “A”

Proposal

[Please see attached].

ESTIMATE
Aquatic Weed Management, Inc.
PO Box 1259
Haines City, FL 33845

WATERWEED1@AOL.COM

+1 (863) 412-1919

#	Date	Product or service	Description	Qty	Rate	Amount

1.	Scope of Work	Monthly pond herbicide maintenance on 5 ponds. Services include treatments for ALL vegetation (emerged, submerged and ﬂoating) within the ordinary high water level. Priced as $/treatment.

1	$950.00	$950.00

Note to customer
Thank you for your business!

Total	$950.00

Bill to
Preston Cove CDD 219 E Livingston St. Orlando, FL 32801

Estimate details
Estimate no.: 1479 Estimate date: 08/09/2024

Accepted date	Accepted by

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LANDSCAPE MANAGEMENT AGREEMENT
(Preston Cove Community Development District)
THIS LANDSCAPE MANAGEMENT AGREEMENT (“Agreement”) is made and enter into effective as of the 1st day of October, 2024 (the “Effective Date”), between the PRESTON COVE COMMUNITY DEVELOPMENT DISTRICT (hereinafter referred to as the “District”), a local unit of special purpose government created under Chapter 190, Florida Statutes, whose mailing address is c/o Governmental Management Services – Central Florida, LLC, 219 East Livingston Street, Orlando, Florida 32801 and BLADE RUNNERS COMMERCIAL LANDSCAPING ORLANDO, LLC, a Florida limited liability company (“Contractor”), whose mailing address is 19 N. Texas Avenue, Orlando, Florida 32805.

W I T N E S S E T H:

Subject to and upon the terms and conditions of this Agreement and in consideration of the mutual promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the District and Contractor agree as follows:

DEFINITIONS.

Agreement. The Agreement consists of (i) this Agreement, (ii) the Contractor’s “Preston Cove CDD Landscape Fee Summary” proposal and (iii) the District’s “Landscape Scope of Work”, attached hereto as Exhibit “A” (hereinafter collectively referred to as the “Proposal”). The Agreement represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representation, or agreements, either written or oral. The Agreement may be amended or modified only as set forth below in Article 14. In the event of any conflict between the terms herein and the term(s) in the Proposal, the terms herein shall prevail.

Services/Work. The terms “Work” and “Services” as used in this Agreement shall be construed to include all work set forth in the Proposal and all obligations of the Contractor under this Agreement, including any addenda or special conditions. In the event of any conflict between the terms of the Proposal with the terms of this Agreement, the terms of this Agreement shall prevail.

SCOPE OF WORK. A description of the nature, scope, and schedule of services/Work to be performed by Contractor under this Agreement shall be pursuant to the Proposal attached hereto as Exhibit “A” and incorporated herein. The area to be included under this Agreement may be amended by the mutual consent of the District and the Contractor.

COMMENCEMENT OF SERVICES AND TERM. Contractor shall commence the Work on the Effective Date and continue for twelve (12) months, pursuant to the Proposal.

DISTRICT MANAGER.

The District’s authorized representative (herein referred to as the “District Manager”) shall be the District Manager of the District, which is Governmental Management Services – Central Florida, LLC, whose mailing address is 219 East Livingston Street, Orlando,

Florida 32801, Attention: Jeremy LeBrun; provided, however, that the District may, without liability to the Contractor, unilaterally amend this Article from time to time by designating a different person or organization to act as its representative and so advising the Contractor in writing, at which time the person or organization so designated shall be the District’s representative for the purpose of this Agreement. To be effective, such change in authorized represented must come from District counsel or the District’s Chairman.

All actions to be taken by, all approvals, notices, consent, directions and instruction to be given by, all notices and other matters to be delivered to, all determinations and decisions to be made by and, in general, all other action to be taken by, or given to, the District shall be taken, given, and made by, or delivered or given to the District Manager in the name of and on behalf of the District; provided, however, that the District (and not the District Manager or any other agents of the District) shall be solely obligated to the Contractor for all sums required to be paid by the District to the Contractor hereunder.

COMPENSATION, PAYMENTS AND INSPECTION RIGHTS PRIOR TO FINAL PAYMENT.

The District agrees to pay Contractor for the Work in the total amount of
$132,000.00, payable pursuant to the Proposal as follows:

A monthly fee of $11,000.00 for twelve (12) months

Work Authorizations shall mean orders or directives issued by the District. Work Authorizations shall be issued for repairs or emergency services, changes to the scope of the area in which services are required, or for any services beyond those set forth in Article 2. Work performed under a Work Authorization may be paid either on a lump sum basis, a unit price basis, or a time and material basis in the District’s sole discretion. Contractor shall not be entitled to compensation for Work outside the scope of Article 2 unless Contractor has obtained prior written authorization of District to perform the same.

District retains the right to reduce any portion of Contractor’s Scope of Work as set forth in Article 2. Should this occur, a revised Scope of Work and reduced compensation shall be agreed upon in writing by both District and Contractor.

After the Work is completed, the District shall have the right to inspect and/or review the Work to accept or deny the sufficiency of the Work before payment is required to be made by the District to the Contractor.

REPRESENTATATIONS, WARRANTIES AND COVENANTS.

Contractor hereby represents to District that: (i) it has the experience, qualifications and skill to perform the Work as set forth in this Agreement; (ii) it is duly licensed and permitted to observe and perform the terms, covenants, conditions and other provisions on its part to be observed or performed under this Agreement; (iii) has the necessary equipment, materials and inventory required to perform the Work as set forth in this Agreement; (iv) it has by careful examination satisfied itself as to: (a) the nature, location and character of the area in which

the Work is to be performed including, without limitation, the surface conditions of the land and all structures and obstructions thereon, both natural and manmade, the surface water conditions of the area, and to the extent pertinent, all other conditions; and (b) all other matters or things which could in any manner affect the performance of the Work.

The Contractor warrants to the District that all materials furnished under this Agreement shall be new unless otherwise specified, and that all Work shall be of good quality, free from faults and defects and in conformance with the Agreement Documents.

EMPLOYEES; INDEPENDENT CONTRACTOR STATUS.

All matters pertaining to the employment, supervision, compensation, insurance, promotion, and discharge of any employees of Contractor or of entities retained by Contractor are the sole responsibility of Contractor. Contractor shall fully comply with all applicable acts and regulations having to do with workman’s compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer- employee related subjects. Contractor shall obtain, for each individual Contractor employs on the District’s premises at any time, a criminal background check performed by an appropriate federal or state agency, or by a professional and licensed private investigator, and shall make, based on the results of such background checks, employment suitability determinations for each employee that are reasonable and customary within the Contractor’s industry. Contractor shall maintain copies of said background checks on file so long as the subject individual(s) remains in Contractor’s employ, and Contractor shall make all background checks available for District’s review upon request. Contractor shall enforce strict discipline and good order among its employees on the District’s premises. Contractor shall comply with all requirements of the E-Verify System as set forth in Article 18.

Contractor is an independent contractor and not an employee of the District. It is further acknowledged that nothing herein shall be deemed to create or establish a partnership or joint venture between the District and Contractor. Contractor has no authority to enter into any contracts or contracts, whether oral or written, on behalf of the District.
COMPLIANCE WITH LAWS, REGULATIONS, RULES AND POLICIES.
At all times, Contractor shall operate in accordance with all applicable laws, statutes, regulations, rules, ordinances, policies, permits and orders. Contractor is responsible for obtaining all permits or other approvals required for this work.

Contractor hereby covenants and agrees to comply with all the rules, ordinances and regulations of governmental authorities wherein the District’s facilities are located, as said rules, etc. may specifically relate to Contractor or its services provided hereunder, at Contractor’s sole cost and expense, and Contractor will take such action as may be necessary to comply with any and all notices, orders or other requirements affecting the services described herein as may be issued by any governmental agency having jurisdiction over Contractor, unless specifically instructed by the District that it intends to contest such orders or requirements and that Contractor shall not comply with the same. Contractor shall provide immediate notice to the District of any such orders or requirements upon receipt of same.

The District is a local unit of special purpose government created in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. Contractor agrees to comply with all applicable requirements of the “Sunshine Law,” the “Public Records Law,” the Community Development Districts Law, and all other statutes and regulations applicable to Contractor.

WORKPLACE ENVIRONMENT AND PUBLIC SAFETY.

Contractor agrees to provide a safe and healthy workplace environment for its employees and agents and a safe and healthy environment for the public at all times. Contractor shall promptly correct any unsafe condition or health hazard in its control and shall immediately report any such condition to the District. In addition to all other requirements of this Agreement, Contractor shall comply with all federal, state, and local laws and regulations related to health and safety. Further, Contractor acknowledges that all vehicles and equipment must be properly and safely operated and, where applicable, licensed and/or permitted, to operate on public roadways. Contractor acknowledges that it is responsible for public safety issues including but not limited to, proper work methods, use of protective equipment, safe maintenance, traffic control through work zones, and handling and use of materials, vehicles, and equipment.

The Contractor agrees that it alone bears the responsibility for providing a safe and healthy workplace, and that nothing in this Agreement suggests that the District has undertaken or assumed any part of that responsibility.

Contractor shall, prior to performing any of the Work, provide employees with training to perform their jobs safely, including instruction in proper work methods, use of protective equipment, and safe maintenance, handling and use of materials, vehicles, and equipment. Contractor will not ask or allow any employee to operate any vehicle or equipment until the employee has received all relevant and advisable training. Contractor shall assure that all employees are licensed and/or have all applicable permits, necessary to perform the Work.

Contractor will furnish, at its expense, all safety and protective equipment required or advisable for the protection of employees.

PUBLIC RECORDS AND OWNERSHIP OF BOOKS AND RECORDS.

Contractor understands and agrees that all documents of any kind relating to this Agreement may be public records and, accordingly, Contractor agrees to comply with all applicable provisions of Florida public records law, including but not limited to the provisions of Chapter 119, Florida Statutes. Contractor acknowledges and agrees that the public records custodian of the District is the District Manager, which is currently Governmental Management Services – Central Florida, LLC (the “Public Records Custodian”). Contractor shall, to the extent applicable by law:

Keep and maintain public records required by District to perform services;
Upon request by District, provide District with the requested public

records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes;

Ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Agreement term and following the Agreement term if the Contractor does not transfer the records to the Public Records Custodian of the District; and

Upon completion of the Agreement, transfer to District, at no cost, all public records in District’s possession or, alternatively, keep, maintain, and meet all applicable requirements for retaining public records pursuant to Florida laws.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DISTRICT’S CUSTODIAN OF PUBLIC RECORDS AT (407-841-5524), OR BY EMAIL AT JLEBRUN@GMSCFL.COM, OR BY REGULAR MAIL AT 219 E. LIVINGSTON STREET, ORLANDO, FLORIDA 32801, ATTN.: DISTRICT PUBLIC RECORDS CUSTODIAN.
INSURANCE.

Contractor shall, throughout the performance of its services pursuant to this Agreement, maintain at a minimum:

Occurrence based comprehensive general liability insurance (including broad form contractual coverage), with a minimum limit of $1,000,000 single limit per occurrence, protecting it and District from claims for bodily injury (including death), property damage, contractual liability, products liability and personal injury which may arise from or in connection with the performance of Contractor’s Work under this Agreement or from or out of any act or omission of Contractor, its officers, directors, agents, and employees; and
Occurrence based automobile liability insurance including bodily injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles with limits of not less than $1,000,000.00 combined single limit covering all work performed hereunder; and

Workers' compensation insurance as required by applicable law (or employer's liability insurance with respect to any employee not covered by workers' compensation) with minimum limits of One Hundred Thousand Dollars ($100,000) per occurrence; and

Employers liability, with a minimum coverage level of $1,000,000.

All such insurance required in Paragraph 11(a) shall be with companies and on forms acceptable to District and shall provide that the coverage thereunder may not be reduced

or canceled unless thirty (30) days prior written notice thereof is furnished to District; the insurance required under paragraph 11(a)(i) shall name the District as an additional insured. Certificates of insurance (and copies of all policies, if required by the District) shall be furnished to the District. In the event of any cancellation or reduction of coverage, Contractor shall obtain substitute coverage as required under this Agreement, without any lapse of coverage to District whatsoever.

SOVEREIGN IMMUNITY. Nothing contained herein, or in the Agreement, or in the Terms and Conditions, shall cause or be construed as a waiver of the District’s immunity or limitations on liability granted pursuant to Section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which could otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

INDEMNIFICATION. Contractor agrees to indemnify, save harmless and defend the District, its officers, directors, board members, employees, agents and assigns, from and against any and all liabilities, claims, penalties, forfeitures, suits, legal or administrative proceedings, demands, fines, punitive damages, losses, liabilities and interests, and any and all costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees, which shall include fees incurred in any administrative, judicial or appellate proceeding) which the District, their officers, directors, board members, employees, agents and assigns, may hereafter incur, become responsible for or pay out to the extent arising out of (i) Contractor’s (or its agents, employees or subcontractors) breach of any term or provision of this Agreement, or (ii) any negligent or intentional act or omission of Contractor, its agents, employees or sub-contractors, related to or in the performance of this Agreement.

MODIFICATIONS, ADDITIONS OR DELETIONS TO THE SERVICES.

A Work Authorization shall be in writing by the District, which shall consist of additions, deletions, or other modifications to the Agreement.
The District may, from time to time, without affecting the validity of the Agreement, or any term or condition thereof, issue Work Authorizations which may identify additional or a revised scope of Work, or other written instructions and orders, which shall be governed by the provisions of the Agreement. The Contractor shall comply with all such orders and instructions issued by the District. Upon receipt of any Work Authorization, the Contractor shall promptly proceed with the work, and the resultant decrease or increase in the amount to be paid the Contractor, if any, shall be governed by the provisions of Article 5 in this Agreement.

PROTECTION OF PERSONS AND PROPERTY; MONITORING.

In addition to all other requirements hereunder, the Contractor shall be responsible for initiating, maintaining and supervising safety precautions and programs in connection with the Work, and shall provide all protection to prevent injury to persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents guests, visitors, invitees and licensees of the District and community residents, tenants, and the general public that may be affected thereby.

All Work, whether performed by the Contractor, its Subcontractors, or anyone directly or indirectly employed by any of them, and all applicable equipment, machinery, materials, tools and like items used in the Work, shall be in compliance with, and conform to: (i) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority; and (ii) all codes, rules, regulations and requirements of the District and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern.

The Contractor shall at all times keep the general area in which the Work are to be performed, including but not limited to sidewalks, roadways, trails, rights-of-way, open spaces, and all such areas impacted by the Work, clean and free from accumulation of waste materials or rubbish (including, without limitation, hazardous waste), caused by performance of the Work, and shall continuously throughout performance of the Services, remove and dispose of all such materials. The District may require the Contractor to comply with such standards, means and methods of cleanup, removal or disposal as the District may make known to the Contractor. In the event the Contractor fails to keep the general area in which the Work are to be performed clean and free from such waste or rubbish, or to comply with such standards, means and methods, the District may take such action and offset any and all costs or expenses of whatever nature paid or incurred by the District in undertaking such action against any sums then or thereafter due to the Contractor.

Contractor shall cooperate with and participate in, at no additional cost or charge, all programs, plans or routines for monitoring and reporting to District, as required in the sole discretion of the District, to ensure satisfactory performance of the Work provided hereunder.

SUSPENSION OR TERMINATION.

Anything in this Agreement to the contrary notwithstanding, District shall, in its sole discretion and without cause, have the right to suspend or terminate this Agreement upon ten (10) days prior written notice to Contractor. Contractor shall be compensated for all work performed prior to the termination.
If the Contractor should become insolvent, file any bankruptcy proceedings, make a general assignment for the benefit of creditors, suffer or allow appointment of a receiver, refuse, fail or be unable to make prompt payment to Subcontractors, disregard applicable laws, ordinances, governmental orders or regulations or the instructions of the District, or if the Contractor should otherwise be guilty of a violation of, or in default under, any provisions of the Agreement, then the District may, without prejudice to any other right or remedy available to the District and after giving the Contractor and its surety, if any, seven (7) days written notice, terminate the Contract and the employment of Contractor. In addition, without terminating this Contract as a whole, the District may, under any of the circumstances above, terminate any portion of this Contract (by reducing, in such as manner as District deems appropriate, the Scope of Service to be performed by the Contractor) and complete the portion of this Contract so terminated in such manner as the District may deem expedient.

SUBCONTRACTORS. If the Contractor desires to employ Subcontractors in connection with the performance of its Work under this Agreement:

Nothing contained in the Agreement shall create any contractual relationship between the District and any Subcontractor. However, it is acknowledged that the District is an intended third-party beneficiary of the obligations of the Subcontractors related to the Services.

Contractor shall coordinate the services of any Subcontractors and remain fully responsible under the terms of this Agreement; Contractor shall be and remain responsible for the quality, timeliness and coordinate of all Work furnished by the Contractor or its Subcontractors.

All subcontracts shall be written. Each subcontract shall contain a reference to this Agreement and shall incorporate the terms and condition of this Agreement to the full extent applicable to the portion of the Work covered thereby. Each Subcontractor must agree, for the benefit of the District, to be bound by such terms and conditions to the full extent applicable to its portion of the Work.

COMPLIANCE WITH E-VERIFY SYSTEM

The Contractor shall comply with and perform all applicable provisions and requirements of Section 448.095, Florida Statutes and Section 448.09(1), Florida Statues. Accordingly, beginning on the Effective Date, to the extent required by Section 448.095, Florida Statutes, the Contractor shall enroll with and use the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes.

If the Contractor anticipates entering into agreements with a subcontractor for the work, Contractor will not enter into the subcontractor agreement without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request. In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Contractor has otherwise complied with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Contractor or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

NOTICE.

Notices required or permitted to be given under this Agreement shall be in writing, may be delivered personally or by mail, overnight delivery service, or courier service, and shall be given when received by the addressee. Notices shall be addressed as follows:

If to District:	Preston Cove Community Development District
c/o Governmental Management Services – Central Florida, LLC 219 East Livingston Street
Orlando, Florida 32801
Attention: Jeremy LeBrun, District Manager Telephone: (407) 841-5524

with copy to:	Latham, Luna, Eden & Beaudine, LLP
201 S. Orange Ave., Suite 1400
Orlando, Florida 32801
Attention: Jan Albanese Carpenter, Esq., District Counsel Telephone: (407) 481-5800

If to Contractor:	Blade Runners Commercial Landscaping Orlando, LLC 19 N. Texas Avenue
Orlando, Florida 32805 Attention: Juan Ramirez Telephone: (407) 306-0600

Notwithstanding the foregoing, any notice sent to the last designated address of the party to whom a notice may be or is required to be delivered under this Agreement shall not be deemed ineffective if actual delivery cannot be made due to a change of address of the party to whom the notice is directed or the failure or refusal of such party to accept delivery of the notice. Parties may change notice address by delivering written notice by mail, overnight delivery service, or courier service to the other party and such change shall become effective when received by the addressee.

ATTORNEYS’ FEES. If either party hereto institutes an action or proceeding for a declaration of the rights of the parties the Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, the Agreement, or in the event any party hereto is in default of its obligations pursuant hereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting or prevailing party shall be entitled to its actual attorneys’ fees and to any court costs and expenses incurred, in addition to any other damages or relief awarded.

GOVERNING LAW AND JURISDICTION. This Agreement shall be interpreted and enforced under the laws of the State of Florida. The parties will follow the terms of the Agreement only to the extent they are enforceable or permitted under Florida law. Any litigation arising under this Agreement shall occur in a court having jurisdiction in Osceola County, Florida. THE PARTIES WAIVE TRIAL BY JURY AND AGREE TO SUBMIT TO PERSONAL JURISDICTION AND VENUE IN OSCEOLA COUNTY, FLORIDA.

SEVERABILITY. In the event that any provision of this Agreement is judicially construed to be invalid by a court of competent jurisdiction, such provision shall then be construed

in a manner allowing its validity, or if this leads to an impracticable result, shall be stricken, but in either event, all other provisions of the Agreement shall remain in full force and effect.

NO WAIVER. No failure by either party to insist upon the strict performance of any covenant, duty, contract, or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, contract, term, or condition. Any party hereto, by written notice executed by such party, 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. No waiver shall affect or alter this Agreement, but each and every covenant, contract, term, and condition of this Agreement shall continue in full force and effect with respect to any other then-existing or subsequent breach thereof.

NO MODIFICATION. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the parties against which such enforcement is or may be sought. This instrument contains the entire contract made between the parties and may not be modified orally or in any manner other than by a contract in writing signed by all parties hereto or their respective successors in interest.

TIME IS OF THE ESSENCE. The time for delivery and/or completion of the Work to be performed under the Agreement shall be of the essence of the Agreement.

ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the parties as an arm’s length transaction. In addition to the representations and warranties contained herein, the Contractor acknowledges that prior to the execution of the Agreement it has thoroughly reviewed and inspected the Agreement documents, and satisfied itself regarding any error, inconsistency, discrepancy, ambiguity, omission, insufficiency of detail or explanation. Contractor further acknowledges that the parties have participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all Parties are deemed to have drafted, chosen and selected the language, and doubtful language will not be interpreted or construed against any Party.

COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same effect as if all parties had signed the same document. All fully executed counterparts shall be construed together and shall constitute one and the same contract.

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Docusign Envelope ID: CA1F3C02-CE1D-437C-9EDB-3D3D1D13B08D
\

SIGNATURE PAGE TO LANDSCAPE MANAGEMENT AGREEMENT
(Preston Cove Community Development District)

IN WITNESS WHEREOF the parties have cau ed this Agreement to be duly executed affective as of the day and year first above written.

DISTRICT:

PRESTON COVE COMMUNITY DEVELOPMENT DISTRICT	a Florida

u ;:: o, j;

community development district

By
Name: Shaman Foradi
Chairman /Vice-Chair
Board of Supervisors

CONTRACTOR:

BLADE RUNNERS COMMERCIAL LANDSCAPING ORLANDO, LLC, a
Florida limited liability company

Docusign Envelope ID: CA1F3C02-CE1D-437C-9EDB-3D3D1D13B08D

EXHIBIT “A”

Proposal

[Please see attached].

Docusign Envelope ID: CA1F3C02-CE1D-437C-9EDB-3D3D1D13B08D

Preston Cove CDD Landscape Fee Summary

Contractor: BLADE RUNNERS COMMERCIAL LANDSCAPING ORLANDO, LLC	Property: Preston Cove CDD

Address: 19 N TEXAS AVE. ORLANDO, FL 32805	Address:	219 E. Livingston St.
Orlando, Florida, 32801
Phone: 407-306-0600	Phone: 407-750-3599
Fax: N/A
Contact: JUAN RAMIREZ	Contact: JWright@gmscfl.com
Email: JUAN@BLADERUNNERSORLANDO.COM	Email:

	JAN	FEB	MAR	APRIL	MAY	JUN	JUL	AUG	SEP	OCT	NOV	DEC	TOTAL	
GENERAL SERVICES
(Schedule A) - Mowing/Detailing	9,479	9,479	9,479	9,479	9,479	9,479	9,479	9,479	9,479	9,479	9,479	9,479	$113,750	
TURF CARE
(Schedule B)
Bahia/St Augustine Fert	
300		
300		
300					
300			
$1,200	
TREE/SHRUB CARE
(Schedule C)
Tree/Shrub Fert			
150				
150			
150			
$450	
BED DRESSING - Estimate mulch yds (Schedule E - B.)
Per Yard Pricing:					
5,000
100						
5,000
100		
$10,000	
PALM TRIMMING
(Schedule E - C.) Per Palm Price:						
1,200						
1,200	
$2,400	
ANNUAL CHANGES - None at this time
(Schedule E - A. )
Per Annual Pricing:													
$0

$4,200	
IRRIGATION MAINT.
(Schedule D)	
350	
350	
350	
350	
350	
350	
350	
350	
350	
350	
350	
350		

TOTAL FEE PER MONTH:	
$10,129	
$9,829	
$10,279	
$9,829	
$15,129	
$11,029	
$9,979	
$9,829	
$9,829	
$10,279	
$14,829	
$11,029	
$132,000	

Flat Fee Schedule	$11,000	$11,000	$11,000	$11,000	$11,000	$11,000	$11,000	$11,000	$11,000	$11,000	$11,000	$11,000	$132,000	

$119,600

Essential Services Mowing/Detailing/Irrigation/Fert and

$12,400

Extra Services
Annual Changes, Palm Pruning, Mulc

$132,000.00

TOTAL

Initials	 	

Preston Cove CDD
LANDSCAPE SCOPE OF WORK
The work for the landscape maintenance is to include the furnishing of all labor, materials, equipment, accessories, and services necessary or incidental to meet the requirements outlined in this scope below. The intention is to sustain all turf and plant materials in a healthy, vigorous growing condition, free from weeds, diseases, insects, and nutritional deficiencies as well as a completely operational irrigation system. All associated planted areas are to be kept in a continuous healthy, neat, clean and debris free condition for the entire life of the contract. The below scope is divided into “elements” to define the elements involved and required in the maintenance of the property.
General Services- Component “A”
Turf Maintenance
Turf maintenance is defined as all mowing, edging, trimming and cleanup of lawn areas. High traffic and high-profile areas such as the entrances and Amenity/clubhouse areas will be completely mowed, edged, trimmed and cleaned up prior to normal business hours of operation. In the event it becomes necessary to make a change in the mowing schedule for any reason, the CDD Management must be notified prior to adjustment of schedule. Mowing during inclement weather will not alleviate the contractor of responsibility for damage caused by the mowing of wet areas.

Mowing

Prior to mowing, remove and dispose of normal litter and debris from all landscape areas. Contractor will not run over litter with mowers.
St. Augustine, Bahia turf shall be mowed weekly during the growing season from April 1st through September 30th and bi-weekly during the winter season. It is understood that the contractor may be required to periodically add or delete mowing cycles based on weather or other factors with the consent of the CDD Management. Contractor should anticipate 42 mows annually for all common areas.
Unirrigated pond areas and banks will be mowed 32 times annually as needed.

St. Augustine, zoysia and Bahia turf shall be cut with rotary mowers to maintain a uniform height. Bahia will be cut between 3.5” and 4.5”. St Augustine will be cut between 4.5” and 5.5”. Mowing heights will be set at 2”–3” for Zoysia turf. Mowing blades shall be kept sufficiently sharp and properly adjusted to provide a cleanly cut grass blade. Variation in the mowing pattern shall carried out when possible so as to not rut or cause paths.

Mowing of all ponds or wetland buffer areas shall be done with a 50” mower or larger discharging clippings away from the water. Any pond edges that cannot be reached with the full size mower will be string trimmed every other mow cycle at minimum or as needed to maintain an intended look as per the discretion of CDD management.
Visible clippings that may be left following mowing operations shall be removed from the site each visit. Discharging grass clippings into beds, tree rings or maintenance strips is prohibited and if it occurs they shall be removed prior to the end of each service day.

Contractor will take special care to prevent damage to plant material as a result of the mowing. Contractor is responsible for damages they cause while mowing.

Edging

Sidewalks, curbs, and concrete slabs, and other paved surfaces will be edged in conjunction with mowing operations each time. Beds, tree rings, and other landscape edges will be edged once during each detail rotation, every three weeks. Edging is defined as removal of unwanted turf and vegetation along the above borders by use of a mechanical edger. String trimmers are not to be used for edging and a proper edger will be used. Care will be taken to maintain bed edges as designed in either straight or curvilinear lines.

String Trimming

String Trimming shall be performed around road signs, guard posts, trees, shrubs, utility poles,and other obstacles where mowers cannot reach. Grass shall be trimmed to the same desired height as determined by the turf height specifications. String trimming shall be completed with each mowing cycle.
Maintaining grass-free areas by use of chemicals may be the preferred method in certain applications. Such use will only be done with prior approval of the CDD management.

Turf around the edge of all waterways shall be mowed or string trimmed to the natural water’s edge during every other mowing cycle at minimum.

Blowing

When using mechanical blowers to clean curbs, sidewalks and other paved surfaces, care must be taken to prevent blowing grass clippings into beds, onto vehicles or onto other hardscape surfaces. In addition, care also must be taken to disrupt mulch from beds and any mulch blown out of beds must be placed back and raked smooth.

Damage Prevention/Repair

Special care shall be taken to protect building foundations, fencing, light poles, sign posts, monuments and other hardscape elements from mowing, edging or string trimming equipment damage. Contractor will agree to have repairs made by specialized contractors or reimburse the CDD or homeowners within 30 days for any damage to property caused by their crew members or equipment.

Detailing
Detailing of planted areas will be performed weekly in a sectional method, each section representing one-third of the entire property. Based on three sections, the contractor will completely detail the entire property once every three weeks at least. The exception will be the entrances, clubhouse areas and any other high profile or focal areas which should be tended to each week the crew is onsite. The detailing process will include trimming, pruning and shaping of all shrubbery, ornamental trees and groundcover, removal of tree suckers, structural pruning or cutbacks of select varieties of plant material and ornamental grasses as directed, as well as the defining of bed lines, tree saucers and the removal of all unwanted vegetation. A detail crew will be onsite at least one day per week 42-52 times per year as needed to accomplish the full amount of detail rotations.

Pruning

Prune trees, shrubs and groundcovers to encourage healthy growth and create a natural appearance. Prune to control the new plant growth, maintain the desired plant shape and remove dead, damaged, or diseased portions of the plant.
Use only hand pruners or loppers on trees and shrubs, particularly groundcover Juniper varieties. Hand shears or Topiary shears will be the preferred method of trimming most formal shrubs. Only use power shears on formal hedges where previous practice was to shear, or as directed by the CDD management.
Pruning of trees up to a height of 12 feet is included in the scope of the work. If pruning is required above the height of 12 feet, contractor shall propose an extra service to the CDD representative and acquire approval prior to performing the work. The branching height of trees shall be raised only for the following reasons:

Provide clearance for pedestrians, vehicles, mowers and buildings. Minimum 8ft of clearance is required along all walkways and parking areas. Maintain clearance from shrubs in bed areas. Improve visibility in parking lots and around entries.
Prune trees to remove weak branching patterns and provide corrective pruning for proper development. Cut back to branch collar without leaving stubs. Provide clean and flush cut with no tearing of the tree bark.

Prune to contain perimeter growth within intended bed areas. Established groundcover shall be maintained 4” to 6” away from adjacent hardscape and turf. Bevel or roll leading edges to avoid creating a harsh boxed look. Mature groundcover shall be maintained at a consistent, level height to provide a smooth and even appearance and separation from adjacent plant material.

Structural pruning will be required for several varieties of plants bi-annually, annually or semi- annually to maintain their scale and performance within the landscape. The methodology employed is to structurally prune one plant group throughout the entire property during the sectional detail rotation. All needed structural pruning will be done once per year at minimum. All Ornamental Grasses are to be haystack cut one time per year.
Crepe Myrtles are to be trimmed once per year in the winter months. Trimming should include removal of old blooms, sucker growth and any cross branching. Trimming should be done in such a way that cuts are no less than 12” away from previous year’s cuts.

Pruning of all palms less than 15’ in height will be included in the sectional rotation. Pruning consists of removal of all dead fronds, seedpods, and any loose boots.

Weed Control

Bed areas are to be left in a weed free condition after each detail service. While pre and post- emergent chemicals are acceptable means of control, weeds in bed areas larger than 3” shall be pulled by hand or string trimmed.

Hardscape cracks and expansion joints are to be sprayed in conjunction with the detail cycle to control weeds. Chemical practices shall not be a substitute for hand weeding where the latter is required.

Trash Removal

Removing trash from all landscape areas will be the responsibility of the contractor. The contractor will remove trash from all focal areas, including medians, around amenity areas, and monuments every visit. Other trash will be removed during normal detail rotations.
Policing

Contractor will police the grounds during each service visit to remove trash, debris and fallen tree litter as needed prior to mowing and edging. Contractor is not responsible for removal of excessive storm debris which would be performed with prior approval with supplemental proposal.

As needed contractor will dedicate supplemental personnel and specialized equipment to the removal of seasonal leaf drop from all landscape and hardscape areas during the months of November through April.

All litter shall be removed from the property and disposed of off-site.

Communication
Daily, the contractor will communicate with the CDD representative for any landscape issues requiring immediate attention.
Communication is of the utmost importance. Contractor will provide a weekly written report in a form approved by the CDD representative which highlights the main aspects of the previous week’s maintenance activities. This can just be a checklist sent via email on Fridays or Mondays.

When requested by CDD management contractor will provide a Monthly Service Calendar for the upcoming period. A copy of the preceding month’s Irrigation Maintenance report and Lawn and Ornamental Fertilization report will be provided monthly. A copy of these documents should be submitted to the CDD representative by the 5th of each month electronically, or in person. This is only necessary should management request, likely due to performance concerns, however the vendor should always have them should management request.

Contractor agrees to take part in regular weekly, bi-weekly or monthly inspections, as decided by CDD management, of the property to ensure their performance is satisfactory. Contractor also agrees to complete any work that appears on punch lists resulting from inspections or reviews within three weeks of receiving them. Contractor will have their Account Manager participate on its behalf and have their Lawn and Ornamental and Irrigation Managers or Technicians available for inspection meeting as needed or requested by CDD management.

Staffing
The Contractor shall have a well-experienced Foreman/Supervisor supervising all work onsite. This person should have knowledge of horticultural practices and be capable of properly supervising others. The Foreman/Supervisor should communicate regularly, daily when needed, with CDD management. Further, In order to maintain continuity, the same Foreman/Supervisor shall direct the scheduled maintenance operations throughout the year. Any anticipated changes in supervisory personnel shall be brought to the attention of the CDD representative prior to any such change. The intent is for maintenance personnel to familiarize themselves with the site.

The crew members should be properly trained to carry out their assigned task and should work in a safe professional manner. Each crew member should be in full uniform at all times.
Contractor is expected to staff the property with trained personnel experienced in commercial landscape maintenance. All personnel applying fertilizers, insecticides, herbicides, and fungicides must be certified by the state of FL. These individuals should be Best Management Practices Certified and hold a Limited Certification for Urban Landscape Commercial Fertilizer or a Certified Pest Control Operator or an employee with an ID card working under the supervision of a CPCO.

Contractor agrees to screen all crew members for criminal background. Also, contractor agrees to follow all INS guidelines for hiring and to maintain an I-9 and other required documents on each employee.
Holidays observed that do not require staffing include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, and any other day agreed to by CDD Management. Normal working hours are from 7:00 AM until 7:00 PM. No power equipment will be operated near homes before 9:00 AM. Efforts will be made such that ALL work performed around the Amenity Areas and pool area is to be completed prior to busy attendance hours. Saturdays will be made available for makeup work due to inclement weather from 8:00 AM until 5 PM.
Component “B” – Turf Care Program
ST. AUGUSTINE
Application Schedule – Minimum schedule, if more is needed it is up to the contractor to recommend.

Monthly Application schedule – St. Augustine
January: Winter fertilization, broadleaf weed control and disease control
March: Spring granular fertilization, broadleaf weed control, insect, and disease control
May: Late spring heavy, 100% slow-release Nitrogen fertilization with Arena and weed Control October: Heavy fall granular fertilization and broadleaf weed/disease control

Application Requirements: Fertilization

Contractor will submit a schedule of materials to be used under this program along with application rates. Annual program will include a maximum of 4 lbs. of N/1000 square feet with a minimum of 50% slow release and a high Potassium blend in the fall fertilization to promote root development unless soil samples indicate the presence of sufficient Potassium. The winter liquid fertilization should contain a maximum of .5lbs of N/1000 square feet.

BAHIA – Where Applicable (Irrigated areas only)
Application Schedule - Minimum schedule, if more is needed it is up to the contractor to recommend.

Monthly Application Schedule - Bahia
March: Complete liquid fertilizer and broadleaf weed control to include blanket pre-emergent herbicide application.
June: Chelated Iron application and Mole Cricket control.
October: Complete liquid fertilizer and broadleaf weed control to include blanket pre-emergent.

Application Requirements: Fertilization

Contractor will submit a schedule of materials to be used under this program along with application rates. Annual program will include a minimum of 2 lbs. of N/1000 square feet with a minimum of 30% slow release and a high Potassium blend in the late summer fertilization to promote root development unless soil samples indicate the presence of sufficient potassium.

Zoysia
Application Schedule - Minimum schedule, if more is needed it is up to the contractor to recommend.

Monthly Application Schedule - Zoysia
January: IPM spot treatment for weeds as necessary and inspect/treat fungal activity. February: Pre-emergent herbicide/spot treatment for weeds and fungal activity.
March: Fertilization. Spot treat weeds and treat fungal and insect activity as necessary.
April: Liquid Fertilization with .5lb N, with Iron, post emergent weed control, insect/disease control as necessary.
May: Fertilization
June: Insect/weed/disease control as necessary. July:	Insect/weed/disease control as necessary.
August: spot treat weeds as necessary, inspect/treat fungal activity.
September: Liquid Fertilization with emergent weed control, insect/disease control as necessary. October: Fertilization - Weed/insect/disease control as necessary.
November: Blanket Pre-emergent herbicide, w/Liquid Iron. Spot treat weeds and inspect/treat fungal activity.
December: Blanket potash - weeds as necessary, inspect/treat fungal activity.
Application Requirements: Fertilization

All fertilizers utilized under this program are to be custom blended with a balanced nutrient package. A complete minor and trace element package will be included with each application to ensure that all the requirements of grasses are met. If soil samples indicate a high pH, all fertilizers utilized will be Sulphur coated products.

Insect/Disease Control

The reduction of irrigation water during the winter season will dramatically reduce the potential for fungus/disease problems. Contractor will be responsible to manage settings of irrigation timers.
Supplemental insecticide applications will be provided in addition to the normal preventive programs needed to provide control.

Weed Control
Weed control will be limited to the broadleaf variety and sedge type grasses under this program.

Contractor shall alert management of outbreaks of Crabgrass, Bermuda, Alexander and Dove grasses. Failure to do so will make the contractor liable for resulting turf loss. Supplemental insecticide applications will be provided in addition to the normal preventive program as needed to provide control.

Warranty

If the grass covered under this turf care program dies due to insect infestation, disease or improper fertilizer application, the affected grass will be replaced at no charge. Contractor will not be held responsible for turf loss due to conditions beyond their control. This includes nematodes, diseases such as Take-All Root Rot and weeds such as Crabgrass which are untreatable with currently available chemicals, high traffic areas, drainage problems, or acts of God. In the event these conditions exist, the contractor is responsible to employ whatever cultural practices can be reasonably performed to extend the life of the affected material.
All fertilizers utilized under this program are to be custom blended with a balanced nutrient package. A complete minor and trace element package will be included with each application to ensure that all the requirements of grasses are met. If soil samples indicate a high pH, all fertilizers utilized will be Sulphur coated products.

All hardscape surfaces are to be blown off immediately following a fertilizer application to prevent staining. The irrigation system will be fully operational prior to any fertilizer application.

Soil testing will be carried out when needed at contractors’ recommendation. Any changes to the fertilization schedule, products used, or techniques will be discussed with CDD management and agreed to by CDD management.

Component “C” – Tree/Shrub Care Program
Application Schedule – Trees and Shrubs Monthly Application Schedule -
March/April: Insect/disease control/fertilization. May/June: Insect/disease control as needed.
July/August: Minor nutrient blend with insect/disease control.
October: Disease control as needed December. Insect/disease control/fertilization as needed.

Application Requirements: Fertilization
Contractor will submit a schedule of materials to be used under this program along with application rates. Fertilizers selected must be appropriate for the plant material to be fertilized such as an acid forming fertilizer for Azaleas which require a lower soil pH.

Contractor will submit a schedule of materials to be used under this program along with application rates. Annual program will include a minimum of 50% slow-release Nitrogen and a high Potassium blend in the fall fertilization to promote root development unless soil sample results indicate the presence of sufficient Potassium.
All fertilizers utilized under this program are to be custom blended with a balanced nutrient package. A complete minor and trace element package will be included with each application to ensure that all the requirements of plant material are met. If soil samples indicate a high pH, all fertilizers utilized will be Sulphur coated products.
This program covers all fertility requirements on all existing shrubs and palms, as well as all newly installed shrubs, trees, and palms up to 35’. All native trees or transplanted trees over 35’ in overall height will require special consideration and are therefore excluded from this program.

There will be a deep root feeding on an as needed basis to establish newly planted trees. Fertilizer will be distributed evenly under the drip zone of each plant. Special care will be taken not to “clump” fertilizer neither at the base nor in the crown of plants.

The irrigation system will be fully operational prior to any fertilizer application.
Soil testing will be carried out when needed at contractors’ recommendation. Any changes to the fertilization schedule, products used, or techniques will be discussed with CDD management and agreed to by CDD management.

Insect/Disease Control

Insect and disease control is intended to mean a thorough inspection of all plantings for the presence of insect or disease activity and the appropriate treatment applied. All insect and disease infestations require follow-up applications for control and are included in this program.

Contractor is responsible for the continuous monitoring for the presence of damaging insects or disease. Any problems noted between regularly scheduled visits will be treated as a service call and responded to within 48 hours. Service calls due to active infestations are included in this program.
This program covers all disease and Insect activity on all existing shrubs and palms, as well as all newly installed shrubs, trees, and palms up to 35’. All native trees or transplanted trees over 35’ in overall height will require special consideration and are therefore excluded from this program.

Contractor will be required to apply all pesticides in accordance with labeled directions including the use of any Personal Protective Equipment.

Specialty Palms

Considering the investment in Specialty Palms such as Phoenix varieties (i.e. Dactylifera, Sylvester, Senegal Date etc.), contractor will include in their proposed Tree/Shrub program, a comprehensive quarterly fertilization and root/bud drench for potential disease and infestation.
When applicable, the contractor will monitor site tubes that have been installed to monitor ground water build up around the root ball of specimen palms to de-water them as necessary.

Warranty
If a plant or tree dies from insect or disease damage while under this Tree/Shrub Care Program, it will be replaced with one that is reasonably available by contractor if it is reasonably decided to be from negligence by the contractor determined by CDD management. Exclusions to this warranty would be Acts of God, along with pre- existing conditions, i.e. soil contamination or poor drainage, nematodes, borers, locusts and insects such as Asian Cycad Scale. Also excluded are diseases such as Verticillium and Fusarium Wilt, TPDD, Lethal Bronzing, Entomosporium Leaf Spot Fungus and Downey Mildew that are untreatable with currently available chemicals. In the event these conditions exist, the contractor is responsible to promptly report any detection to the CDD representative.

Component “D” – Irrigation Maintenance
Frequency of Service
Contractor will perform the following itemized services under “Specifications” on a monthly basis completing 25% of the inspection each week. The irrigation inspection will should be performed during the same week(s) each month. Repairs under $500 should be carried out each month with just verbal confirmation. Anything over $500 requires written approval.
Specifications
Activate each zone of the system.
Visually check for any damaged heads or heads needing repair.
Visually check all landscape areas irrigated with Netafim drip lines to ensure proper water flow and pressure.
Clean filters located at each zone valve monthly if applicable. Clean, straighten or adjust any heads not functioning properly.
Straighten, re-attach to bracing and touch up paint on riser heads as needed. Report any valve or valve box that may be damaged in any way.
Leave areas in which repairs or adjustments are made free of debris.
Adjust controller to the watering needs as dictated by weather conditions, seasonal requirements, and water management district restrictions including adjusting of rain sensors.
Contractor will provide a written report of the findings by zone. Qualifying Statements
Repairs
Repairs that become necessary and that are over and above the routine monthly inspections will be done on a time and material basis. Hourly irrigation repair rates will be defined in overall landscape maintenance contract.
Request for authorization must be submitted to the CDD representative for approval. A description of the problem, its location and estimated cost should be included. All repairs must be approved by the CDD representative prior to initiating any work. It is up to CDD management’s discretion to allow contractor to proceed with repairs at an agreed threshold without prior approval.
Service Calls

Service Calls required between scheduled visits will be billed on a time and material basis at the rates extra pricing rates.
When not an emergency, request for authorization must be submitted in written form to the CDD representative for approval. A description of the problem, its location and estimated cost should be included. All repairs must be approved by the CDD representative prior to initiating any work.
Contractor will pay special attention during irrigation (IMC) maintenance inspections to ensure that sprinkler heads are positioned so that water does not spray directly onto buildings, windows, or parking areas.

Contractor will be held responsible for any accident that arises from the over spray of water on hard surfaces if it is determined that the contractor was negligent in performing monthly irrigation maintenance.

Damage resulting from contractor’s crews working on the property (i.e., mower and edger cuts) will be repaired at no charge to the CDD within 24 hours of being detected.

Contractor shall not be held responsible for any system failure caused by lightning, construction work, pre-existing conditions, freeze or other acts of God.

Contractor shall not be held responsible for damage to the landscape caused by mandatory water restrictions placed on the property by the governing water management district.
Contractor will visually inspect irrigation system weekly while performing routine maintenance. Contractor will provide a 24 hour “Emergency” number for irrigation repairs.
Contractor shall take all required readings from meters or at pump stations as required and work with the CDD representative to file all quarterly and/or semi-annual reports to the Water Management District.

Component “E” – Additional Services
To be priced separately but as part of the landscape contract. These services are subject to bids at management’s discretion at any point.
Note: Additional services work is to be considered as a supplement of the overall Landscape Maintenance contract. All Special Services work is to be performed by supplemental crews. CDD management can bid out these services at their discretion and work is to be completed according to this scope, or as CDD Management agrees. In addition, contractor should and is expected to recommend when they believe these services should be carried out in their bid documents.
Additionally, all “Additional Services” will be billed in the month they are performed as a separate line item on that month’s invoice. Additional services costs will not be spread out across the full annual contract.

1 - Bedding Plants – Annuals (If Applicable)
The nature and purpose of “Flower Beds” is to draw attention to the display. The highest level of attention should be placed on their on-going care.
Schedule

The most appropriate seasonal annuals will be used. A standard yearly rotation includes but is not limited to: All flower beds on the property will be changed out four (4) times per year during the months of January, April, July, and October. Changes to the amounts of annuals, rotations timing, or date of installation can be made at CDD management discretion.
Contractor recognizes that flower beds are intended to highlight and beautify high profile areas and should be selected for color, profusion, and display.
All newly planted beds will have a minimum of 50% of the plants in bloom at the time of installation and they shall be 4 ½” individual pots.

Contractor will obtain prior approval of plant selection from the CDD representative 2 weeks before installation.

Installation
Plants are to be installed utilizing a triangular spacing of 9” O.C. between plants.

Annually, prior to the Spring change out, existing soil will be removed to a depth of 6” in all annual beds and replaced with clean growing medium composed of 60% peat and 40% fine aged Pine Bark.
All beds will be cleaned, and hand or machine cultivated to a depth of 6” prior to the installation of new plants.

Create a 2” trench where the edge of the bed is adjacent to turf or hardscape.
A granular time-release fertilizer and a granular systemic fungicide will be incorporated into the bedding soil at the time of installation.

All beds should be covered with 1” layer of Pine bark Fines after planting.

Follow-up applications of fertilizer, fungicide and insecticide are provided as needed.
Annuals that require replacement due to over-irrigation or under-irrigation will be replaced immediately by contractor without charge to the CDD.

Maintenance
Flower beds unique to the property will be reviewed daily or at each service visit for the following: Removal of all litter and debris.
Beds are to remain weed – free at all times.
All declining blooms are to be removed immediately.
Inspect for the presence of insect or disease activity and treat immediately.

Seed heads are to be removed from plants as soon as they appear. “Pinching” of certain varieties weekly is to be a part of the on-going maintenance as well. Frequent “pinching” will result in healthier, more compact plants.

Prolific bloomers such as Salvia require that 10% to 20% of healthy blooms are to be removed weekly. Pre-emergent herbicides are not to be used in annual beds.
Contractor guarantees the survivability and performance of all annual plantings for a period of 90 days. Any plant that fails to perform during this period will be immediately replaced at the contractor’s expense.
Warranty
Any bedding plant that dies due to insect damage or disease will be replaced under warranty. Exclusions to this warranty would be freeze, theft, or vandalism.

- Bed Dressing
Application of designated mulching to community bed spaces.
Schedule
Mulching will be carried out twice per year. Once in the spring, once in the fall. The most desirable months are May and Early November. Mulch will be priced “per yard”. Application will be completed within a two-week time period.
Installation

Prior to application, areas will be prepared by removing all foreign debris and establishing a defined, uniform edge to all bed and tree rings as well as a 1” to 2” deep trench along all hardscape surfaces to include equipment pads, in order to hold the mulch in place. Bed dressing should be installed in weed free beds that have been properly edged and prepared.
Bed Dressing should be installed to maintain a 2” thickness in all bed areas, including tree rings in lawn areas and maintenance strips unless otherwise directed by the CDD representative. Some areas will require more mulch than others. Focal areas are to be prioritized. If at any point the application does not allow enough yards to maintain 2-inch depth across beds, then an additional proposal will be created by the contractor for the additional needed yards.

- Palm Trimming Schedule
Specimen Date Palms such as Phoenix varieties (i.e. Dactylifera, Sylvester, Senegal Date,etc.) in excess of 12’ will be trimmed up to two times per year in June and/or December as needed. All vegetation will be removed from their trunk and nut and loose or excessive boots will be removed and/or cross cut during this process. Contractor will monitor for disease and recommend treatment if necessary.

All palms less than 15’ will be trimmed as needed by the detail crew during the regular detail rotation as outlined in General Services.
Washingtonia palms in excess of 15’ will be trimmed up to two times per year in the months of February and August as needed.

All palms other than Washingtonia, in excess 15’ will be trimmed up to once per year in the month of August.
Trimming shall include removal of all dead fronds, loose boots and seed stalks.

Trim palms so that the lowest remaining fronds are left at a ten and two o’clock profile or nine and three o’clock at the discretion of management. “Hurricane” cuts are only to be done at the direction of the CDD representative.

When trimming, cut the frond close to the trunk without leaving “stubs”.

It is imperative that the contractor use clean and sanitized tools, sanitizing their tools thoroughly from tree to tree.

Docusign Envelope ID: CA1F3C02-CE1D-437C-9EDB-3D3D1D13B08D

Docusign Envelope ID: CA1F3C02-CE1D-437C-9EDB-3D3D1D13B08D

NONGOVERNMENTAL ENTITY ANTI-HUMAN TRAFFICKING AFFIDAVIT
(Section 787.06(13), Florida Statutes (2024))

STATE OF FLORIDA COUNTY OF t)(C}.t\dQ.

BEFORE ME the w1dersigned a Notary Public in and for the County and State aforesaid, personally appeared  uu.	f<urnt'CZ 2 ("Affiant") who, being first duly sworn, on oath says:

Affiant is an officer or authorized representative of  lu..J<J\Ji'lnlf	D<u.r }. ;mn and Affiant attests that Company does not use coercion for labor or services as defined in Section 787.06, Florida Statutes (2024).

Under penalty of perjury, I hereby declare and affirm that tbe above stated facts are true and COJTect.

SUBSCRIBED AND SWORN TO before me by means of [;S1' physical presence or
□ online notarization, this  1'.0 	day of	O \;:A.,(	, 2024, by "Su0t'i V	Tu\ nrt	as
	 of 	 . Said person is (check one)□ personally known to
me or@ has produced a valid driver's License as identification.

t.l iVlr)-t):

v.f.;;.W

PAOlA &ORDON MALDONADO
MY COMMISSION# HH 473758 EXPIRES: Dece111btr 17, 2027

r

[Notary Seal]

Signature of person taking acknowledgment
Name (typed, printed or stamped):		Qfo( <::f\  '\-\o.,\
Title or Rank:	 :j	Ql..)\>\\l
Serial number (if any) : 	\-\t\ U.1:AS!,

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!!"#$%& "

!!"#$%& I

Preston Cove
Community Development District
Check Register Summary

September 1, 2024 to September 30, 2024

Bank	Date	Check No.'s	Amount

General Fund	9/17/24	116-119	$	20,992.42

$	20,992.42

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 11/14/24	PAGE	1
*** CHECK DATES 09/01/2024 - 09/30/2024 ***	PRESTON COVE-GENERAL FUND
BANK A GENERAL FUND
CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...		VENDOR NAME	STATUS	AMOUNT	....CHECK..... DATE			DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS				AMOUNT	#
9/17/24 00020	8/23/24 2895	202408 320-53800-46100	*	2,500.00
MULCH AUG24
8/25/24 2917	202409 320-53800-46100	*	5,220.50
LAWN/LANDSCAPE MAIN SEP24
8/25/24 2943	202409 320-53800-47000	*	1,200.00
SPRAY PONDS - SEP24
MICHAEL WETHERINGTON DBA	8,920.50 000116

9/17/24 00006	9/01/24	
	9/01/24	
	9/01/24	
	9/01/24	
	9/01/24	

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
44	202409 310-51300-34000	*	3,091.67
SEP MANAGEMENT FEES
44	202409 310-51300-35200	*	100.00
SEP WEBSITE ADMIN
44	202409 310-51300-35100	*	150.00
SEP INFO TECH
44	202409 310-51300-31300	*	416.67
SEP DISSEM AGENT SERVICES
44	202409 310-51300-51000	*	.03
OFFICE SUPPLIES
9/01/24 44	202409 310-51300-42000	*	.69
POSTAGE
9/01/24 45	202409 310-51300-34000	*	1,250.00
SEP FIELD MANAGEMENT
GOVERNMENTAL MANAGEMENT SERVICES	5,009.06 000117
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
9/17/24 00003	9/16/24 131204	202408 310-51300-31500	*	6,504.11
GENERAL SERVICES AUG24
9/16/24 131205	202408 310-51300-31500	*	210.00
CONTRACT LAWSUIT AUG24
9/16/24 131206	202408 310-51300-31500	*	265.50
CONVEYANCES/REQUISITIONS
LATHAM LUNA EDEN & BEAUDINE LLP	6,979.61 000118
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
9/17/24 00002	9/10/24 DB1F5EDA 202409 310-51300-48000	*	83.25
NTC OF FY25 MEETINGS
OSCEOLA NEWS GAZETTE	83.25 000119
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TOTAL FOR BANK A	20,992.42
TOTAL FOR REGISTER	20,992.42

PRCO PRESTON COVE	AMOSSING

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Preston Cove
Community Development District

Unaudited Financial Reporting
September 30, 2024

Table of Contents

	Balance Sheet

	General Fund

	Debt Service Fund - Series 2022

	Capital Projects Fund - Series 2022

	Month to Month

	Assessment Receipt Schedule

	Long Term Debt Schedule

	Assessment Receipt Schedule

Combined Balance Sheet September 30, 2024

	General Fund	Debt Service Fund	Capital Projects Fund	Totals Governmental Funds	
Assets:					
Operating Account	$	254,320	$	-	$	-	$	254,320	
Due from Developer	$	-	$	-	$	-	$	-	
Due from DS	$	24,682				
Assessment Receivable	$	-	$	-	$	-	$	-	
Due from General Fund	$	-	$	179	$	-	$	179	
Prepaid Expense	$	7,498	$	-	$	-	$	7,498	
Investments: Series
Reserve	$	-	$	670,238	$	-	$	670,238	
Revenue	$	-	$	276,905	$	-	$	276,905	
Capitalized Interest	$	-	$	15	$	-	$	15	
Construction	$	-	$	-	$	25,148	$	25,148	
Total Assets	$	286,499	$	947,336	$	25,148	$	1,258,983	
Liabilities:			
Accounts Payable	$	15,787	$	-	$	-	$	15,787	
Due to Debt Service	$	179	$	-	$	-	$	179	
Due to Developer	$	24,682	$	-	$	-	$	24,682	
Due to Capital Projects	$	-	$	-	$	-	$	-	
Due to GF	$	-	$	24,682	$	-	$	24,682	
Developer Advance	$	-	$	-	$	-	$	-	
Total Liabilites	$	40,648	$	24,682	$	-	$	65,330	

Fund Balance:			
Assigned For:			
Debt Service - Series 2022 Restricted For:	$	-	$	922,654	$	-	$	922,654	
Capital Projects - Series 2022	$	-	$	-	$	25,148	$	25,148	
Unassigned	$	245,851	$	-	$	-	$	245,851	
Total Fund Balances	$	245,851	$	922,654	$	25,148	$	1,193,653	
					
Total Liabilities & Fund Balance	$	286,499	$	947,336	$	25,148	$	1,258,983	

Adopted	Prorated Budget	Actual	
Budget	Thru 09/30/24	Thru 09/30/24	Variance	

Revenues:		
Assessments - On Roll	$	388,556	$	388,556	$	406,598	$	18,042	
Assessments - Direct	$	-	$	-	$	-	$	-

Developer Contributions	$	292,882	$	292,882	$	3,601	$	(289,281)	
Total Revenues	$	681,438	$	681,438	$	410,199	$	(271,239)	

Expenditures:					
General & Administrative:					
Supervisor Fees	$	12,000	$	12,000	$	-	$	12,000	
FICA Expense	$	918	$	918	$	-	$	918	
Engineering	$	15,000	$	15,000	$	1,563	$	13,438	
Attorney	$	25,000	$	25,000	$	53,792	$	(28,792)	
Annual Audit	$	4,100	$	4,100	$	4,100	$	-	
Assessment Administration	$	5,300	$	5,300	$	5,300	$	-	
Arbitrage	$	450	$	450	$	900	$	(450)	
Dissemination	$	5,000	$	5,000	$	5,000	$	(0)	
Trustee Fees	$	4,500	$	4,500	$	2,357	$	2,143	
Management Fees	$	37,100	$	37,100	$	37,100	$	(0)	
Information Technology	$	1,800	$	1,800	$	1,800	$	-	
Website Maintenance	$	1,200	$	1,200	$	1,200	$	-	
Telephone	$	300	$	300	$	-	$	300	
Postage & Delivery	$	800	$	800	$	36	$	764	
Insurance	$	5,913	$	5,913	$	5,590	$	323	
Printing & Binding	$	700	$	700	$	-	$	700	
Legal Advertising	$	8,000	$	8,000	$	496	$	7,504	
Other Current Charges	$	2,200	$	2,200	$	863	$	1,337	
Office Supplies	$	500	$	500	$	1	$	499	
Dues, Licenses & Subscriptions	$	175	$	175	$	175	$	-	
Total General & Administrative:	$	130,956	$	130,956	$	120,272	$	10,684	

Adopted	Prorated Budget	Actual	
Budget	Thru 09/30/24	Thru 09/30/24	Variance	

Operation and Maintenance		
Field Expenses		
Field Management		$	15,000	$	15,000	$	3,750	$	11,250	
Landscape Maintenance		$	150,000	$	150,000	$	42,054	$	107,946	
Landscape Replacement		$	5,000	$	5,000	$	-	$	5,000	
Lake Maintenance		$	15,062	$	15,062	$	2,400	$	12,662	
Streetlights		$	103,400	$	103,400	$	-	$	103,400	
Electric		$	5,000	$	5,000	$	-	$	5,000	
Water & Sewer		$	2,400	$	2,400	$	-	$	2,400	
Sidewalk & Asphalt Maintenance		$	5,000	$	5,000	$	-	$	5,000	
Irrigation Repairs		$	3,000	$	3,000	$	-	$	3,000	
Irrigation - Usage		$	30,000	$	30,000	$	7,470	$	22,530	
General Repairs & Maintenance		$	15,000	$	15,000	$	-	$	15,000	
Contingency		$	10,000	$	10,000	$	-	$	10,000	
	Subtotal	$	358,862	$	358,862	$	55,674	$	303,188	

Amenity Expenses						
Staffing		$	75,000	$	75,000	$	-	$	75,000	
Property Insurance		$	20,000	$	20,000	$	-	$	20,000	
Amenity-Electric		$	15,000	$	15,000	$	-	$	15,000	
Amenity-Water		$	6,000	$	6,000	$	-	$	6,000	
Dues, License, Permits		$	500	$	500	$	-	$	500	
Cable/Internet		$	2,400	$	2,400	$	-	$	2,400	
Pest Control		$	720	$	720	$	-	$	720	
Janitorial Services		$	12,000	$	12,000	$	-	$	12,000	
Security Services		$	5,000	$	5,000	$	-	$	5,000	
Pool Maintenance		$	15,000	$	15,000	$	-	$	15,000	
Amenity Repairs & Maintenance		$	15,000	$	15,000	$	-	$	15,000	
Special Events		$	7,500	$	7,500	$	-	$	7,500	
Holiday Decorations		$	2,500	$	2,500	$	-	$	2,500	
Amenity Contingency		$	15,000	$	15,000	$	-	$	15,000	
	Subtotal	$	191,620	$	191,620	$	-	$	191,620	
						
Total O&M Expenses:		$	550,482	$	550,482	$	55,674	$	494,808	
						
Total Expenditures		$	681,438	$	681,438	$	175,946	$	505,492	
						
Excess Revenues (Expenditures)		$	-		$	234,254		
						
Fund Balance - Beginning		$	-		$	11,597		
						
Fund Balance - Ending		$	-		$	245,851		

Debt Service Fund - Series 2022
Statement of Revenues, Expenditures, and Changes in Fund Balance
For The Period Ending September 30, 2024

Adopted	Prorated Budget	Actual	
Budget	Thru 09/30/24	Thru 09/30/24	Variance	

Revenues:		
Assessments - On Roll	$	381,859	$	381,859	$	397,701	$	15,842	
Assessments - Direct	$	288,379	$	288,379	$	288,379	$	-	
Interest	$	-	$	-	$	37,933	$	37,933	
Total Revenues	$	670,238	$	670,238	$	724,012	$	53,774	

Expenditures:					
Interest Expense 11/1	$	225,131	$	225,131	$	225,131	$	-	
Principal Expense 5/1	$	220,000	$	220,000	$	220,000	$	-	
Interest Expense 5/1	$	225,131	$	225,131	$	225,117	$	14	
Total Expenditures	$	670,263	$	670,262	$	670,248	$	14	

Other Financing Sources:					
Transfer In/(Out)	$	-	$	-	$	(31,946)	$	(31,946)	
Total Other Financing Sources (Uses)	$	-	$	-	$	(31,946)	$	(31,946)	
					
Excess Revenues (Expenditures)	$	(25)		$	21,818		
					
Fund Balance - Beginning	$	277,837		$	900,836		
					
Fund Balance - Ending	$	277,812		$	922,654		

Capital Projects Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance
For The Period Ending September 30, 2024

Adopted	Prorated Budget	Actual	
Budget	Thru 09/30/24	Thru 09/30/24	Variance	

Revenues:

Interest	

$	

-	$	

-	$	680	

$	680	
Total Revenues	$	-	$	-	$	680	$	680	

Expenditures:

Capital Outlay - Construction	

$	

-	$	

-	$	14,922	

$	(14,922)	
Total Expenditures	$	-	$	-	$	14,922	$	(14,922)	

Other Financing Sources:					
Transfer In/(Out)	$	-	$	-	$	31,946	$	31,946	
Total Other Financing Sources (Uses)	$	-	$	-	$	31,946	$	31,946	
					
Excess Revenues (Expenditures)	$	-	$	17,705		
					
Fund Balance - Beginning	$	-	$	7,443		
					
Fund Balance - Ending	$	-	$	25,148		

	Oct	Nov	Dec	Jan	Feb	March	April	May	June	July	Aug	Sept	Total	

Revenues:															
Assessments-On Roll		$	-	$	-	$	130,044	$	182	$	-	$	-	$	-	$	274,450	$	-	$	1,922	$	-	$	-	$  406,598	
Assessments-Direct		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Developer Contributions		$	3,601	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	3,601	
Total Revenues		$	3,601	$	-	$	130,044	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$  410,199	

Expenditures:															
General & Administrative:															
Supervisor Fees		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
FICA Expense		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Engineering		$	-	$	-	$	-	$	-	$	963	$	-	$	600	$	-	$	-	$	-	$	-	$	-	$	1,563	
Attorney		$	-	$	2,062	$	4,169	$	6,589	$	5,604	$	2,670	$	4,690	$	4,549	$	2,992	$	3,241	$	6,980	$	10,247	$	53,792	
Annual Audit		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	4,100	$	-	$	-	$	-	$	-	$	4,100	
Assessment Administration		$	5,300	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	5,300	
Arbitrage		$	450	$	-	$	-	$	-	$	-	$	-	$	450	$	-	$	-	$	-	$	-	$	-	$	900	
Dissemination		$	417	$	417	$	417	$	417	$	417	$	417	$	417	$	417	$	417	$	417	$	417	$	417	$	5,000	
Trustee Fees		$	-	$	-	$	-	$	-	$	-	$	2,357	$	-	$	-	$	-	$	-	$	-	$	-	$	2,357	
Management Fees		$	3,092	$	3,092	$	3,092	$	3,092	$	3,092	$	3,092	$	3,092	$	3,092	$	3,092	$	3,092	$	3,092	$	3,092	$	37,100	
Information Technology		$	150	$	150	$	150	$	150	$	150	$	150	$	150	$	150	$	150	$	150	$	150	$	150	$	1,800	
Website Maintenance		$	100	$	100	$	100	$	100	$	100	$	100	$	100	$	100	$	100	$	100	$	100	$	100	$	1,200	
Telephone		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Postage & Delivery		$	-	$	22	$	1	$	-	$	4	$	1	$	-	$	2	$	2	$	2	$	2	$	1	$	36	
Insurance		$	5,590	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	5,590	
Printing & Binding		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Legal Advertising		$	100	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	158	$	155	$	-	$	83	$	496	
Other Current Charges		$	38	$	38	$	38	$	38	$	429	$	40	$	40	$	40	$	40	$	40	$	40	$	40	$	863	
Office Supplies		$	-	$	0	$	0	$	-	$	0	$	0	$	-	$	0	$	0	$	0	$	0	$	0	$	1	
Dues, Licenses & Subscriptions		$	175	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	175	
Total General & Administrative:		$	15,411	$	5,880	$	7,967	$	10,385	$	10,757	$	8,827	$	9,538	$	12,450	$	6,950	$	7,197	$	10,780	$	14,130	$  120,272	

Operation and Maintenance															
Field Expenses
Field Management		

$	-	

$	-	

$	-	

$	-	

$	-	

$	-	

$	-	

$	-	

$	-	

$	1,250	

$	1,250	

$	1,250	

$	3,750	
Landscape Maintenance		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	1,352	$	17,000	$	12,941	$	10,761	$	42,054	
Landscape Replacement		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Lake Maintenance		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	1,200	$	1,200	$	2,400	
Streetlights		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Electric		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Water & Sewer		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Sidewalk & Asphalt Maintenance		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Irrigation Repairs		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Irrigation - Usage		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	7,470	$	7,470	
General Repairs & Maintenance		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
Contingency		$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	
	Subtotal	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	1,352	$	18,250	$	15,391	$	20,681	$	55,674	

	Oct	Nov	Dec	Jan	Feb	March		April		May	June		July	Aug	Sept	Total		
Amenity Expenses																				
Staffing		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Property Insurance		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Amenity-Electric		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Amenity-Water		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Dues, License, Permits		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Cable/Internet		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Pest Control		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Janitorial Services		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Security		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Pool Maintenance		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Amenity Repairs & Maintenance		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Special Events		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Holiday Decorations		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
Contingency		$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	
	Subtotal	$		-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $		-	

Total O&M Expenses:

$

-  $

-  $

-  $

-  $

-  $

-  $

-  $

-  $

1,352  $

18,250  $

15,391  $

20,681  $

55,674

Total Expenditures		$	15,411	$	5,880	$	7,967	$	10,385	$	10,757	$	8,827	$	9,538	$	12,450	$	8,302	$	25,447	$	26,171	$	34,811	$  175,946	
															
Excess Revenues (Expenditures)		$	(11,810)	$	(5,880)	$	122,077	$	(10,385)	$	(10,757)	$	(8,827)	$	(9,538)	$	(12,450)	$	(8,302)	$	(25,447)	$	(26,171)	$	(34,811)	$  234,254	

Preston Cove
Community Development District Long Term Debt Report

Series 2022, Special Assessment Bonds	
Interest Rates:	3.250%, 3.600%, 4.000%, 4.125%	
Maturity Date:	5/1/2052	
Reserve Fund Definition	50% of Maximum Annual Debt Service	
Reserve Fund Requirement	$670,238	
Reserve Fund Balance	$670,238	
Bonds Outstanding - 02/28/22	$11,610,000	
Principal Payment - 5/1/23	($215,000)	
Principal Payment - 5/1/24	($220,000)	
Current Bonds Outstanding	$11,175,000	

Preston Cove
Community Development District Special Assessment Receipts Fiscal Year 2024

ON ROLL ASSESSMENTS

Gross Assessmen Net Assessments

$ 413,357.34  $
$ 388,555.90  $

406,232.34
381,858.40

$ 819,589.68
$ 770,414.30

50%	50%	100%
Date	Distribution	Gross Amount	Discount/Penalty	Commision	Interest	Net Receipts	General Fund	Debt Service	Total	

12/11/23	
ACH		
$  274,070.88	
$	(10,743.61)	
$	(5,481.44)	
$	-	
$  257,845.83	
$ 130,043.69	
$	127,802.14	
$ 257,845.83	
1/31/24	ACH						$	361.51	$	182.33	$	179.18	$	361.51	
5/8/24	ACH		$  545,518.80		$ (11,105.50)	$	9,756.32	$  544,169.62	$ 274,450.15	$	269,719.47	$ 544,169.62	
7/11/24	ACH		$	1,921.99	$	-	$	-	$	-	$	1,921.99	$  1,921.99	$	-	$  1,921.99	
							$	-	$	-	$	-	$	-	
							$	-	$	-	$	-	$	-	
							$	-	$	-	$	-	$	-	
							$	-	$	-	$	-	$	-	
		Total	$  821,511.67	$  (10,743.61)	$ (16,586.94)	$	9,756.32	$  804,298.95	$ 406,598.16	$	397,700.79	$ 804,298.95	

104%

0

Net Percentage Collected Balance Remaining To Collect

DIRECT BILL ASSESSMENTS

Starlight Homes
2024-02		
Net Assessments	
$	85,536.50	
$	-	
$	85,536.50	
Date Received	Due Date	Check Number	Net Assessed	Amount Received	General Fund	2022 Debt Service	
3/1/24	3/1/24	$	56,454.09	$	56,454.09	$	-	$	56,454.09	
9/6/24	9/1/24	$	29,082.41	$	29,082.41	$	-	$	29,082.41	
		$	85,536.50	$	85,536.50	$	-	$	85,536.50	

DIRECT BILL ASSESSMENTS

Elevation Preston Cove, LLC
2024-01		
Net Assessments	
$  202,842.60		
$	202,842.60	
Date Received	Due Date	Check Number	Net Assessed	Amount Received	General Fund	2022 Debt Service	
4/4/24	3/1/24	$	133,876.12	$  133,876.12		$	133,876.12	
	9/1/24	$	68,966.48	$	68,966.48		$	68,966.48	
		$	202,842.60	$  202,842.60	$	-	$	202,842.60