VERONA WALK COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY REGULAR BOARD MEETING APRIL 21, :00 A.M.

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1 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY REGULAR BOARD MEETING APRIL 21, :00 A.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA VERONA WALK COMMUNITY DEVELOPMENT DISTRICT Town Center at Verona Walk 8090 Sorrento Lane Naples, Florida REGULAR BOARD MEETING April 21, :00 a.m. A. Call to Order B. Pledge of Allegiance C. Proof of Publication..Page 1 D. Establish Quorum E. Additions or Deletions to Agenda F. Comments from the Public for Items not on the Agenda G. Approval of Minutes 1. February 18, 2016 Regular Board Meeting Page 3 H. Old Business 1. Update Regarding Golf Cart Storage 2. Update Regarding Lake Spraying 3. Update Regarding Littoral Plant Islands I. New Business 1. Consider Approval of Agreement Between the District and Hole Montes, Inc. for Professional Engineering Services.Page 7 2. Consider Resolution No Adopting a Fiscal Year 2016/2017 Proposed Budget..Page Discussion Regarding 2016 FASD Conference J. Administrative Matters 1. District Engineer Update 2. Field Inspector Update 3. District Manager Update K. Board Members Comments L. Adjourn

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5 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 18, 2016 A. CALL TO ORDER The February 18, 2106, Regular Board Meeting of the Verona Walk Community Development District was called to order by Chairman Harry Barford at 10:05 a.m. in the Town Center at Verona Walk located at 8090 Sorrento Lane, Naples, Florida B. PLEDGE OF ALLEGIANCE C. PROOF OF PUBLICATION Proof of publication was presented that notice of the Regular Board Meeting had been published in the Naples Daily News on October 2, 2015, as part of the District s Fiscal Year 2015/2016 Regular Meeting Schedule, as legally required. D. ESTABLISH A QUORUM It was determined that the attendance of the following Supervisors constituted a quorum and it was in order to proceed with the meeting: Chairman Harry Barford Present Vice Chairperson Diann Cucinella Absent Supervisor Patrick Clifford Present Supervisor Jack Hogan Present Supervisor Myron Kirkeby Present Staff members in attendance were: District Manager Todd Wodraska Special District Services General Counsel Ken VanAssenderp (via telephone) Young van Assenderp, P.A Contract Field Inspector Bohdan Hirniak E. ADDITIONS OR DELETIONS TO THE AGENDA Mr. Hogan requested the addition of a discussion regarding the requirement of Notice to Contractors. There were no objections. F. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA There were no comments from the public for items not on the agenda. Page 3

6 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 18, 2016 G. APPROVAL OF MINUTES 1. January 21, 2016, Regular Board Meeting Mr. Hogan noted that item I3 Regarding the Proposed HOA Procedures and Guidelines was a 4-1 vote because he did not vote for the item. A motion was made by Mr. Clifford, seconded by Mr. Hogan and passed unanimously to approve the minutes of the January 21, 2016, Regular Board Meeting, as amended. H. OLD BUSINESS 1. Update Regarding Golf Cart Storage Messrs. Barford and Hirniak reported that they are still working on a solution for storing the golf cart and felt there may be a solution that could save the CDD money. 2. Update Regarding Lake Spraying Mr. Hirniak reported that he had recently met with the spraying contractor, but because of the heavy rains, the lake levels are too high to effectively spray. This led to a lengthy discussion about a well that pumps water into the CDD lake system. Mr. Hogan suggested, and the consensus of the Board agreed, to order some periodic water quality testing near the well. 3. Update Regarding Littoral Plant Islands Mr. Barford reported that the floating islands were removed, as the experiment was deemed unsuccessful. There was a resident question about a lack of spraying on both sides of the lakes near her home. Mr. Hirniak offered to visit the property to determine the proper amount of spraying. I. NEW BUSINESS ADDED ITEM Mr. Hogan distributed a flyer entitled, Notice to Contractors, that he felt had important information for the community and felt the notice should be added to the AAC Rules. Mr. Barford requested that this flyer be discussed at the next meeting. Page 4

7 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 18, 2016 J. ADMINISTRATIVE MATTERS 1. District Engineer Update Mr. van Assenderp reported that he had sent a draft agreement to the new District Engineer and hopes to have a final agreement for the Board to consider at the next meeting. 2. Field Inspector Update Mr. Hirniak had no additional report. 3. District Manager Update Mr. Wodraska reported that responses for General Legal Services are due on March 1, He also thanked Mr. Hirniak for all of his help with the operations of the CDD. Mr. Wodraska mentioned that the next Board Meeting was scheduled for March 17, 2016, which is St. Patrick s Day. After a brief discussion, the Board decided to move the meeting to March 24, 2016, at 10 am. K. BOARD MEMBER COMMENTS Mr. Barford stated he felt that Nassau Pools was getting sloppy with their project site management. This led to a discussion regarding the requirements of pool contractors, which will be discussed at the next meeting regarding the Notice to Contractors item. Mr. Barford noted that alligators are likely being fed by residents and becoming more aggressive. He urged the community to not feed alligators for everyone s safety, including the gators. Page 5

8 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 18, 2016 L. ADJOURNMENT There being no further business to come before the Board, the Regular Board Meeting was adjourned at 11:00 a.m. on a motion made by Mr. Kirkeby, seconded by Mr. Hogan and passed unanimously. Secretary/Assistant Secretary Chair/Vice-Chair Page 6

9 AGREEMENT BETWEEN THE VERONA WALK COMMUNITY DEVELOPMENT DISTRICT AND HOLE MONTES, INC. FOR PROFESSIONAL ENGINEERING SERVICES. THIS AGREEMENT ("Agreement") is made and entered into this day of 2016 by and between: The Verona Walk Community Development District ("District"), a special purpose local government that is created and chartered by, and was established in the property pursuant to, Chapter 190, Florida Statutes, and located in Collier County, Florida; and, Hole Montes, Inc., a Florida Corporation, with a US Postal Service mailing address of 950 Encore Way, Naples, Florida ("Engineer"). I. Findings and Determinations. 1. The Verona Walk Community Development District ("District"): a. was conceived, and is created and chartered by, the Legislature in Florida Statutes Chapter 190, the Florida Uniform Community Development District Act of 1980, as amended, a general law; and, b. is a special purpose local government. 2. This Act as amended: a. constitutes the sole, exclusive and uniform charter of the District as set forth in Florida Statutes Sections through with supplementary related provisions in Sections , which may be amended only by law; b. provides, in Florida Statutes Sections , the reasons why the law was enacted, important definitions and related matters, all of which apply to decisions of the District Board and to the services of the District Engineer; and, c. provides in Florida Statutes Section the uniform procedures by which this state-created charter may be established to operate on proposed land in order to implement its statutory special purpose. 3. Pursuant to and in compliance with Florida Statutes Section (2), the District was established, duly and validly, on the proposed Verona Walk property by non-emergency ordinance of Collier County and exists legally in good standing to manage the exercise of its charter powers and duties as provided and limited by law in order to implement its statutory special purpose. F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 1 of 15 Page 7

10 4. The special purpose of the District, as chartered by the Legislature, is to manage the provision of public infrastructure to the real property within its boundaries and jurisdiction and subject to charter limitations. 5. The District implements this limited special purpose by managing acquisition, construction, maintenance, operation and financing of the public infrastructure systems, facilities, works, services and improvements as granted expressly to the District by its uniform state charter. 6. This District is governed by a qualified-elector Board of Supervisors which contracted with a District Manager who has charge and supervision of the public works infrastructure of the District. 7. The Verona Walk Community Development District Board recognizes that focused and responsive management of acquisition, construction, maintenance, operation and financing of the works of the District enhances the intrinsic value of the property within the jurisdiction of the Board and sustains the long term quality of the community itself. 8. To continue to provide such focus and responsiveness, the District is in need of a Professional Engineer to advise the District Board and to assist it in the managing its charter duties. 9. The Board is authorized expressly by its general powers granted by its state charter, Florida Statutes (3), to contract for engineering services, subject to and as provided further by Florida Statutes Section (2), using applicable Florida public competitive procurement laws. 10. The applicable Florida competitive procurement law that the District must use, in order to contract for professional engineering services, is Florida's Consultants Competitive Negotiations Law as set forth in Florida Statutes Pursuant to Florida Statutes Section , the District solicited proposals from qualified professional engineering firms to contract for engineering services on a continuing basis. 12. The Engineer submitted its proposal to contract to serve as the Professional Engineer for the District. 13. The Board of Supervisors of the District, in compliance with the law, ranked the Engineer as the most qualified among the responding professional engineers to contract to provide the professional engineering services required from the District Engineer and, further, the Board authorized, duly and validly, negotiation with the Engineer for an agreement by written contract pursuant to Florida Statutes Section F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 2 of 15 Page 8

11 14. The District intends to contract for engineering services with the Engineer and thereby intends further: a. that the professional engineering services required of the District Engineer include, first and foremost, to serve as the District's professional representative for each and every public infrastructure system, facility, service, works or improvement undertaken by the District and, in this capacity, to consult with and to advise the District sufficiently in order to keep the District informed so that it can make decisions timely and effectively; b. That the Engineer, when retained, answers only to the Board of Supervisors but is required to coordinate, share information and cooperate with the District Manager in order to provide for effective operations of the District. c. that the District Engineer, if and as the Board may determine is needed, shall provide such professional engineering services as the Board may set forth in a written work authorization including but not limited to: construction administration; environmental management; permitting management; and, technical, financial and economic considerations that attend and such professional service capabilities as surveying, landscaping and planning; d. that the Engineer assist the District Board of Supervisors to determine that construction by the District (or construction, by a person or entity other than the District, of a system, facility, work or improvement to be acquired by the District), in fact uses or used both materials and processes designed to produce longer term and sustainable quality in function, operation and maintenance in order to avoid costly maintenance and to prevent premature retooling or replacement; and, e. that the District Engineer operate and serve by and pursuant to the highest ethical and professional standards without even the appearance of any conflict of interest. 15. That which induced the District to contract for the services of the Engineer is the Engineer's qualifications, capabilities, experience and professional reputation and the related reasonable compensation to be paid by the District. That which induced the Engineer to contract to provide the professional engineering services to the District as its District Engineer is to maintain and to provide quality service to the District and the related compensation from the District for professional services rendered. These inducements constitute adequate, sufficient, good and valuable consideration to bind the District and the Engineer to performance as provided in and pursuant to this Agreement II. Incorporation The Findings and Determinations in Section I are incorporated herein by reference and are dispositive and binding on both the District and the Engineer. F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 3 of 15 Page 9

12 1. Scope of Engineering Services III. Operational Requirements a. To answer to, to take direction from and to report directly to the District Board of Supervisors but also to cooperate, share information and coordinate with the District Manager. b. To serve as the District's personal representative as District Engineer on all infrastructure-provision projects by attending all noticed meetings of the Board; by attending applicable regulatory, permitting, financing or administrative meetings with the Manager, other District staff, District consultants or other government and any private persons or entities required for acquisition, construction, maintenance, operation and financing of District infrastructure systems, facilities, services, works, improvements or projects c. To keep the Board of Supervisors informed, timely and adequately, on: any preventative or anticipatory engineering problems, opportunities, needs and interests in order to carry out the special infrastructure-provision purpose of the District and on the status of all District authorized infrastructure systems, facilities, services, works and improvements projects. d. To assist in meetings with necessary persons on but not limited to financing (assessments and bonding), permits, feasibility studies, special reports and other tasks as assigned by the Board or as deemed helpful. e. To provide, as assigned or requested by the District Board of Supervisors or as the Engineer may determine, general engineering services including but not limited to: preparing construction drawings and specifications; preparing or rendering assistance in preparing construction forms, proposals and contracts; issuance of certificates of construction and payment; and, assisting in or, if requested by the Manager, supervising competitive procurement processes. f. To undertake and perform specific infrastructure-provision projects or any engineering service related to that project but only by written work authorization by the District and pursuant a related supplemental agreement for that project. g. To provide during any construction phase by the District engineering services including but not limited to: periodic visits to the construction site (or full time services if directed by the District Board) to observe in particular construction materials and construction procedures; processing contractors pay estimates; final inspection and requested certificates for construction including final construction; consultation and advice during construction, with periodic reports to the District Board) including performing duties in a construction contract between the District and any contractor in which the Engineer is named as owner's representative or "Engineer". F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 4 of 15 Page 10

13 h. To determine and to report to the District Board that infrastructure construction materials and procedures (whether constructed by the District or by a person or entity from which the infrastructure is acquired by the District) can provide sustained infrastructure quality over the long term to prevent costly maintenance and to avert premature retooling or replacement; and, If the infrastructure project, works or facility to be acquired was constructed by the person or entity from which it is acquired, then the Engineer must report to the Board whether there is information about both construction materials and procedures sufficient for the Engineer to use to assess whether the acquired infrastructure can result in long term quality. 2. Method of Authorization of Any Special Board-Requested Specific Infrastructure Work Projects a. Each such Board-requested specific infrastructure-provision project or any engineering service related to that project shall be at the sole option of the District Board by written work authorization. This written work authorization shall include: the scope of work, compensation, project schedule, and special provisions or conditions specific to the project or related engineering service that is authorized. b. For any such infrastructure project and its written work authorization from the Board, a negotiated supplemental agreement between the District and the Engineer that shall be subject to this Agreement and that shall address any special project-related matters that should be addressed including but not limited to: special compensation; reimbursements; ownership of documents; and, insurance. 3. Special Consultants. When authorized in writing by the District Board, additional special consulting services may be recommended and utilized by the Engineer and shall be funded and paid on a cost basis which must be approved in advance by the District Board. 4. Books and Records. The Engineer shall maintain comprehensive books and records (which can be electronic and digitized) relating to any engineering service performed under this Agreement, which shall be retained by the Engineer in accordance with a District record retention policy and Florida law but in no case for less than ten (10) years from the date of completion of any service provided here under. The District or its official designer or authorized representative, shall have the right to audit such books and records at all reasonable times upon prior notice to the Engineer. F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 5 of 15 Page 11

14 IV. Compensation and Reimbursement 1. Compensation. a. For a specific Board-requested infrastructure provision project or any engineering service related to the project, the written work authorization shall be supplemented by a written agreement that is subject to this Agreement that in kart addresses compensation which can be fixed fee or hourly rate plus costs and expenses with monthly or other periodic billing procedures set forth. b. For all engineering services (that are not a special Board-requested project in a written work authorization) that are within the scope of services of this Agreement, the District and the Engineer have agreed to the compensation and related matters set forth in Agreement Exhibit "A" attached here to and incorporated herein as binding and dispositive. c. All compensation provided above in 1a and 1b may be reviewed and renegotiated annually. 2. Reimbursements. Reimbursable expenses and costs shall be billed, billed and paid pursuant to Agreement Exhibit "B" agreed to by the District and the Engineer and attached hereto and incorporated herein as binding and dispositive. V. Agreement Management 1. Ownership of Documents The District and the Engineer have agreed to the definition, ownership, management, reproduction, assignment and disposition of any tangible work product in Agreement Exhibit "C" attached hereto and incorporated herein as binding and dispositive. 2. Accounting Records Accounting records of the Engineer pertaining to the engineering services provided in the Agreement shall be kept on a basis of generally accepted accounting principles which shall be available to the District or its duly authorized representative for observation or audit at mutually agreeable times. 3. Reuse of Documents F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 6 of 15 Page 12

15 All documents including drawings and specifications furnished by the Engineer pursuant to this Agreement ate instruments of service and are not intended or represented to be suitable for reuse by the District or others on extensions of the work for which they were provided or on any other project. Any reuse without specific written consent by the Engineer will be at the District's sole risk and without liability or legal exposure to the Engineer. 4. Insurance. a. The Engineer shall, at its own expense, maintain insurance during the performance of the engineering services under this Agreement, with limits of liability not less than the following please refer to Agreement Exhibit D Certificate of Liability Insurance. 1) Workers Compensation: statutory 2) General Liability. Bodily Injury (including Contractual): $1,000,000 Property Damage (including Contractual): $1,000,000 Automobile Liability Bodily Injury $1,000,000 Property Damage $1,000,000 Professional Liability for Errors and Omissions: $2,000,000 b. The Engineer shall provide the District with a certificate evidencing compliance with the terms in 4a and naming the District and its supervisors, employees and contract staff as additional insureds. c. The Engineer shall provide District any notice of cancellation within thirty days. d. The Engineer must be insured in the amounts set forth in 4a at all times. 5. Contingent Fee The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or to secure this Agreement and that the Engineer has not paid or agreed to pay any person or entity (other than a bona fide employee of the Engineer) any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 6. Public Records. F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 7 of 15 Page 13

16 The Engineer shall allow access to all hard copy or digital documents, papers, letters or other materials subject to Florida Statutes Chapter 119 made or received by the Engineer in conjunction with this Agreement. 7. Audit The Engineer agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after the expenditure of funds under the Agreement, have access to and the right to examine any hard copy, electronic or digital documents or records involving transactions under this Agreement. The Engineer agrees that payment under this Agreement shall be subject to reduction for amounts charged thereto found on the basis of audit not to constitute allowable costs. All required records shall be maintained in accordance with the law and any District public record retention policy and until an audit is completed and questions are resolved or at least three years after completing of all the work under this Agreement, whichever is longer. 8. Indemnification The Engineer agrees, to the fullest extent permitted by law, to indemnify, defend and hold the District and its officers, consultants and employees, harmless of and from any and all liabilities, claims, causes of action, demands, suits or losses arising from the negligent acts, errors or omissions of the Engineer, the Engineer's agents employees, in the performance of professional services under this Agreement. The Engineer covenants and agrees that nothing herein shall constitute or be construed as a waiver of the District's sovereign immunity pursuant to Florida Statutes Section Assignment Neither the District nor the Engineer shall assign, sublet or transfer any rights under or interest in this Agreement without the express written consent of the other. 10. Recovery of Costs and Fees. In the event either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred including reasonable attorneys' fees. 11. Arm's Length Transactions F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 8 of 15 Page 14

17 This Agreement reflects the negotiated agreement of the parties, each represented by competent legal counsel. Accordingly, this Agreement shall be construed as if both parties prepared it jointly and no presumption against one party or the other shall be given the interpretation or construction of any of the provisions of the Agreement. 12. Notices and Termination a. Notices. All notices, requests, consents and other communications under the Agreement ("Notices") shall be in writing and shall be delivered and mailed either by first class mail, postage prepaid, or by overnight delivery device to the parties, as follows: 1) If to the Engineer: W. Terry Cole, P.E. District Engineer Hole Montes, Inc. 950 Encore Way Naples, Florida ) If to the District: 3) With a copy to: b. Termination. Either the District or the Engineer may terminate this Agreement without cause upon thirty (30) days of written notice. At such time as the Engineer receives notification of the intent of the District to terminate this Agreement, the Engineer shall not perform any further services unless directed to do so by the District Board with arrangements fir fair compensation to the Engineer for such further services. In the event of any termination without cause, the Engineer will be paid for services rendered to the date of termination a d all reimbursable expenses incurred to the date id termination. The District may terminate with cause upon written notice to the Engineer. In the event of any termination for cause, the Engineer shall not perform any further services for the District after the Engineer's receipt of notification of termination for cause, but the Engineer shall be paid for services rendered deed to the date of termination and all reimbursable expenses incurred to the date of termination. VI. Additional Provisions F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 9 of 15 Page 15

18 1. Conflict of Interest. The Engineer acknowledges that Engineer complies with professional standards which address conflicts of interest and that there are none and that Engineer will notify and disclose to the District when the Engineer becomes aware of a conflict. 2. Acceptance Acceptance of this Agree entirely is indicated by the signature of the authorized representative of the District and the Engineer in the spaces provided below. 3. Amendment Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Engineer and approved formally by the Board. 4. Controlling Law and Venue. The Engineer and the District agree that this Agreement shall controlled and governed by the laws of the State of Florida and that venue for any disputes arising from this Agreement shall be in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this professional engineering Agreement the day and year first above written. Attest: District Secretary Chairperson Engineer Witness F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 10 of 15 Page 16

19 F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 11 of 15 Page 17

20 Agreement Exhibit A HOLE MONTES, INC. PROFESSIONAL FEE SCHEDULE Date: March 28, 2016 Project: Verona Walk Community Development District Senior Principal Engineer IX...$ per hour Principal Engineer VIII...$ per hour Engineer VII...$ per hour Engineer VI...$ per hour Engineer V...$ per hour Engineer IV...$ per hour Engineer III...$ per hour Engineer II...$ per hour Engineer I...$ per hour Environmental Operations Specialist...$ per hour Permitting Coordinator...$ per hour Senior Designer...$ per hour Designer...$ per hour Senior Computer Technician...$ per hour Computer Technician...$ per hour Senior Contract Administrator...$ per hour Contract Administrator...$ per hour Senior Construction Field Representative...$ per hour Construction Field Representative...$ per hour Planning Director...$ per hour Planner III...$ per hour Planner II...$ per hour Principal Surveyor...$ per hour Senior Surveyor...$ per hour Surveyor...$ per hour 2 Person Survey Crew...$ per hour 3 Person Survey Crew...$ per hour 4 Person Survey Crew...$ per hour GPS Operator $ per hour Technician IV...$ per hour Technician III...$ per hour Technician II...$ per hour Technician I...$ per hour Subcontractors... Cost + 15% Out-of-Pocket Expenses... Cost + 15% This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 12 of 15 Page 18

21 Agreement Exhibit B HOLE MONTES, INC. REIMBURSABLES Reimbursables mean the actual expenses incurred by HM or its consultants directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by CLIENT, overtime work requiring higher than regular rates. Out-of-Pocket Expenses Cost + 15%. F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 13 of 15 Page 19

22 Agreement Exhibit C HOLE MONTES, INC. OWNERSHIP OF DOCUMENTS Use of Documents: The CLIENT agrees that HM s services are on behalf of, and for the exclusive use of, the CLIENT for this Project and that all documents furnished to the CLIENT are instruments of service and shall be utilized solely for this Project. Any reuse without written verification or adaptation by HM for other than the specific purpose intended will be at CLIENT s sole risk and without liability or legal exposure to HM or HM s independent consultants. CLIENT shall indemnify and hold harmless HM and HM s independent consultants from all claims, damages, losses and expenses including all attorneys fees arising from such reuse. F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 14 of 15 Page 20

23 Agreement Exhibit D F:\ACTIVE DISTRICTS (M thru Z)\CDD Verona Walk\VW Agreements & Contracts\VW Consultant Agreements\VW Professional Engineering Agreement w-hole montes, Inc..docx Page 15 of 15 Page 21

24 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VERONA WALK COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2016/2017 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Verona Walk Community Development District ( District ) was recently established by Collier County, Florida effective April 27, 2004; and WHEREAS, the District Manager has prepared and submitted to the Board of Supervisors of the Verona Walk Community Development District (the Board ) the proposed operating budget for Fiscal Year 2016/2017; and WHEREAS, the Board has considered the proposed budget and desires to set the required public hearing thereon. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE VERONA WALK COMMUNITY DEVELOPMENT DISTRICT: 1. The operating budget proposed by the District Manager for Fiscal Year 2016/2017 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. The public hearing on said approved budget is hereby declared and set for the following date, hour and location: DATE: July 21, 2016 HOUR: 10:00 a.m. LOCATION: Town Center at Verona Walk 8090 Sorrento Lane Naples, Florida The District Manager is hereby directed to submit a copy of the proposed budget to Collier County at least 60 days prior to the hearing set above. 4. In accordance with Section , Florida Statutes, the District's Secretary is further directed to post the approved budget on the District's website at least two days before the budget hearing date as set forth in Section 2. If the District does not have its own website, the District's Secretary is directed to transmit the approved budget to the managers or administrators of Collier County for posting on their website. 5. Notice of this public hearing shall be published in the manner prescribed in Florida law. Page 22

25 6. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 21 st day of April, ATTEST: VERONA WALK COMMUNITY DEVELOPMENT DISTRICT Secretary/Assistant Secretary Chairman Exhibit A: Fiscal Year 2016/2017 Budget Page 23

26 Verona Walk Community Development District Proposed Budget For Fiscal Year 2016/2017 October 1, September 30, 2017 Page 24

27 CONTENTS I II PROPOSED BUDGET DETAILED PROPOSED BUDGET III DETAILED PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2006) IV DETAILED PROPOSED DEBT SERVICE FUND BUDGET (SERIES 2013) V ASSESSMENT COMPARISON Page 25

28 PROPOSED BUDGET VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR 2016/2017 REVENUES BUDGET O & M ASSESSMENTS 311,297 DEBT ASSESSMENTS - SERIES ,808 DEBT ASSESSMENTS - SERIES ,265 OTHER REVENUES 0 INTEREST INCOME 360 TOTAL REVENUES $ 1,520,730 EXPENDITURES MAINTENANCE EXPENDITURES FIELD INSPECTOR 34,800 VEHICLE - SMALL TWO DOOR TRUCK 0 VEHICLE - INSURANCE 1,000 VEHICLE - EQUIPMENT (SMALL TOOLS) 1,545 VEHICLE - GAS & MAINTENANCE 4,160 LAKE SPRAYING (CLARK) 65,000 LAKE WATER QUALITY TESTING (BENCHMARK) 6,000 LAKE LITTORAL & LAKE BANK PLANTINGS 27,500 OUTFALL PIPE & STRUCTURE INSPECTION & CLEANING 15,000 STORM PIPE & EROSION REPAIRS 15,000 MAINTENANCE MOWING & DREDGING 17,500 TOTAL MAINTENANCE EXPENDITURES $ 187,505 ADMINISTRATIVE EXPENDITURES SUPERVISOR FEES 0 PAYROLL TAXES (EMPLOYER) 0 ENGINEERING 20,000 MANAGEMENT 42,624 SECRETARIAL 4,200 LEGAL 15,000 ASSESSMENT ROLL 10,000 AUDIT FEES 3,400 ARBITRAGE REBATE FEE - SERIES ARBITRAGE REBATE FEE - SERIES INSURANCE 6,389 LEGAL ADVERTISING 2,000 MISCELLANEOUS/CONTINGENCY 2,500 POSTAGE 800 OFFICE SUPPLIES 1,200 DUES & SUBSCRIPTIONS 175 WEBSITE MANAGEMENT 1,500 TRUSTEE FEES - SERIES ,800 TRUSTEE FEES - SERIES ,300 CONTINUING DISCLOSURE FEE - SERIES ,000 CONTINUING DISCLOSURE FEE - SERIES ,000 TOTAL ADMINISTRATIVE EXPENDITURES $ 121,188 TOTAL EXPENDITURES $ 308,693 REVENUES LESS EXPENDITURES $ 1,212,037 BOND PAYMENTS (SERIES 2006) (637,147) BOND PAYMENTS (SERIES 2013) (481,245) BALANCE $ 93,645 COUNTY APPRAISER & TAX COLLECTOR ADMINISTRATIVE COSTS (52,453) DISCOUNTS FOR EARLY PAYMENTS (61,575) EXCESS/ (SHORTFALL) $ (20,383) CARRYOVER FROM PRIOR YEAR 20,383 NET EXCESS/ (SHORTFALL) $ - Note: Projected Available Funds Balance As Of is $185,000 4/14/2016 5:03 PM I Page 26

29 DETAILED PROPOSED BUDGET VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/ / /2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS O & M ASSESSMENTS 317, , ,297 Expenditures Less Interest/.925 DEBT ASSESSMENTS - SERIES , , ,808 Bond Payments/.925 DEBT ASSESSMENTS - SERIES , , ,265 Bond Payments/.925 OTHER REVENUES 3, INTEREST INCOME Interest Projected At $30 Per Month TOTAL REVENUES $ 1,531,909 $ 1,528,564 $ 1,520,730 EXPENDITURES MAINTENANCE EXPENDITURES FIELD INSPECTOR 25,350 34,800 34,800 No Change From 2015/2016 Budget VEHICLE - SMALL TWO DOOR TRUCK 8, Cart Purchased In 2015 VEHICLE - INSURANCE 691 1,000 1,000 No Change From 2015/2016 Budget VEHICLE - EQUIPMENT (SMALL TOOLS) 0 1,545 1,545 No Change From 2015/2016 Budget VEHICLE - GAS & MAINTENANCE 246 5,200 4,160 $80 Per Week LAKE SPRAYING (CLARK) 47,713 65,000 65,000 Lake Spraying (Clark) LAKE WATER QUALITY TESTING (BENCHMARK) 4,858 6,000 6,000 Lake Water Quality Testing (Benchmark) LAKE LITTORAL & LAKE BANK PLANTINGS 4,800 30,000 27,500 Lake Littoral & Lake Bank Plantings OUTFALL PIPE & STRUCTURE INSPECTION & CLEANING 0 15,000 15,000 Outfall Pipe & Structure Inspection & Cleaning STORM PIPE & EROSION REPAIRS 0 15,000 15,000 Storm Pipe & Erosion Repairs MAINTENANCE MOWING & DREDGING 5,750 19,600 17,500 Maintenance Mowing & Dredging TOTAL MAINTENANCE EXPENDITURES $ 98,183 $ 193,145 $ 187,505 ADMINISTRATIVE EXPENDITURES SUPERVISOR FEES No Change From 2015/2016 Budget PAYROLL TAXES (EMPLOYER) No Change From 2015/2016 Budget ENGINEERING 12,184 20,000 20,000 No Change From 2015/2016 Budget MANAGEMENT 42,000 42,336 42,624 CPI Adjustment SECRETARIAL 4,200 4,200 4,200 No Change From 2015/2016 Budget LEGAL 14,354 15,000 15, /2016 Expenditures Through Feb 2016 Were $2,472 ASSESSMENT ROLL 10,000 10,000 10,000 As Per Contract AUDIT FEES 3,400 3,400 3,400 Accepted Amount For 2015/2016 Audit ARBITRAGE REBATE FEE - SERIES No Change From 2015/2016 Budget ARBITRAGE REBATE FEE - SERIES No Change From 2015/2016 Budget INSURANCE 5,696 6,450 6,389 Insurance Company Estimate LEGAL ADVERTISING 5,096 1,600 2,000 $400 Increase From 2015/2016 Budget MISCELLANEOUS/CONTINGENCY 2,766 2,000 2,500 $500 Increase From 2015/2016 Budget POSTAGE No Change From 2015/2016 Budget OFFICE SUPPLIES 1,415 1,000 1,200 $200 Increase From 2015/2016 Budget DUES & SUBSCRIPTIONS No Change From 2015/2016 Budget WEBSITE MANAGEMENT 0 1,500 1,500 No Change From 2015/2016 Budget TRUSTEE FEES - SERIES ,715 3,800 3,800 No Change From 2015/2016 Budget TRUSTEE FEES - SERIES ,300 4,300 4,300 No Change From 2015/2016 Budget CONTINUING DISCLOSURE FEE - SERIES ,000 1,000 1,000 No Change From 2015/2016 Budget CONTINUING DISCLOSURE FEE - SERIES ,000 1,000 1,000 No Change From 2015/2016 Budget TOTAL ADMINISTRATIVE EXPENDITURES $ 113,117 $ 119,861 $ 121,188 TOTAL EXPENDITURES $ 211,300 $ 313,006 $ 308,693 REVENUES LESS EXPENDITURES $ 1,320,609 $ 1,215,558 $ 1,212,037 BOND PAYMENTS (SERIES 2006) (643,454) (637,800) (637,147) 2017 P & I Payments BOND PAYMENTS (SERIES 2013) (487,754) (482,744) (481,245) 2017 P & I Payments BALANCE $ 189,401 $ 95,014 $ 93,645 COUNTY APPRAISER & TAX COLLECTOR ADMINISTRATIVE COSTS (40,792) (52,722) (52,453) Three And One Half Percent Of Total Assessment Roll DISCOUNTS FOR EARLY PAYMENTS (56,095) (61,892) (61,575) Four Percent Of Total Assessment Roll EXCESS/ (SHORTFALL) $ 92,514 $ (19,600) $ (20,383) CARRYOVER FROM PRIOR YEAR 0 19,600 20,383 Carryover From Prior Year NET EXCESS/ (SHORTFALL) $ 92,514 $ - $ - Note: Projected Available Funds Balance As Of is $185,000 4/14/2016 5:03 PM II Page 27

30 DETAILED PROPOSED DEBT SERVICE (SERIES 2006) FUND BUDGET VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/ / /2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income Projected Interest For 2016/2017 NAV Collection 643, , ,147 Maximum Debt Service Collection Prepaid Bond Collection 3, Prepaid Bond Collection Total Revenues $ 647,289 $ 637,850 $ 637,197 EXPENDITURES Principal Payments 190, , ,000 Principal Payment Due In 2017 Interest Payments 451, , ,550 Interest Payments Due In 2017 Principal Prepayments 25,000 2,744 3,647 Principal Prepayments Total Expenditures $ 666,097 $ 637,850 $ 637,197 Excess/ (Shortfall) $ (18,808) $ - $ - Series 2006 Bond Information Original Par Amount = $9,520,000 Annual Principal Payments Due = May 1st Interest Rate = 5.375% Annual Interest Payments Due = May 1st & November 1st Issue Date = May 2006 Maturity Date = May /14/2016 5:03 PM III Page 28

31 DETAILED PROPOSED DEBT SERVICE (SERIES 2013) FUND BUDGET VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/ / /2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income Projected Interest For 2016/2017 NAV Collection 487, , ,245 Maximum Debt Service Collection Prepaid Bond Collection 21, Prepaid Bond Collection Total Revenues $ 509,056 $ 482,794 $ 481,295 EXPENDITURES Principal Payments (2013A-1) 210, , ,000 Principal Payment Due In 2017 Principal Payments (2013A-2) 20,000 10,000 15,000 Principal Payment Due In 2017 Interest Payments (2013A-1) 238, , ,091 Interest Payments Due In 2017 Interest Payments (2013A-2) 24,775 18,950 18,388 Interest Payments Due In 2017 Principal Prepayments 200,000 11,288 4,816 Principal Prepayments Total Expenditures $ 692,791 $ 482,794 $ 481,295 Excess/ (Shortfall) $ (183,735) $ - $ - Series 2013A-1 Bond Refunding Information Original Par Amount = $6,455,000 Annual Principal Payments Due = May 1st Interest Rate = 1.1% % Annual Interest Payments Due = May 1st & November 1st Issue Date = June 2013 Maturity Date = May 2035 Series 2013A-2 Bond Refunding Information Original Par Amount = $650,000 Annual Principal Payments Due = May 1st Interest Rate = 4.5% - 5.0% Annual Interest Payments Due = May 1st & November 1st Issue Date = June 2013 Maturity Date = May /14/2016 5:03 PM IV Page 29

32 Verona Walk Community Development District Assessment Comparison Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Lot 2012/ / / / /2017 Size Assessment* Assessment* Assessment* Assessment* Projected Assessment* Phase One Townhome 26' O & M $ $ $ $ $ Cayman Debt $ $ $ $ $ Total $ $ $ $ $ Duplex 36' O & M $ $ $ $ $ Capri/Carrington Debt $ $ $ $ $ Total $ $ $ $ $ Single Family 50' O & M $ $ $ $ $ Oakmont Debt $ $ $ $ $ Total $ $ $ $ $ Single Family 60' O & M $ $ $ $ $ Carlyle Debt $ $ $ $ $ Total $ $ $ $ $ Phase Two Duplex 36'/SF 40' O & M $ $ $ $ $ Capri/Carrington Debt $ $ $ $ $ Total $ $ $ $ $ Single Family 40' O & M $ $ $ $ $ Garden Debt $ $ $ $ $ Total $ $ $ $ $ Single Family 50' O & M $ $ $ $ $ Oakmont Debt $ $ $ $ $ Total $ $ $ $ $ Single Family 60' O & M $ $ $ $ $ Carlyle Debt $ $ $ $ $ Total $ $ $ $ $ Single Family 65' O & M $ $ $ $ $ Estate Debt $ $ $ $ $ Total $ $ $ 1, $ 1, $ 1, * Assessments Include the Following : 4% Discount for Early Payments 2% County Property Appraiser Costs 1.5% County Tax Collector Costs Community Information: Phase I Maximum Annual Lot No. of Units Type Front Footage Name Debt Assessment Bond Prepayments Differential Prepayment* 246 Townhome 26' Cayman $ Duplex 36' Capri/Carrington $ Single Family 50' Oakmont $ Single Family 60' Carlyle $ Phase II Maximum Annual Lot Disclosure No. of Units Type Front Footage Name Debt Assessment Bond Prepayments Differential Prepayment** 443 Duplex/SF 36'/40' Capri/Carrington $ Duplex 40' Garden $ SF 50' Oakmont $ SF 60'/65' Carlyle $ SF 65' Estate $ * Developer made Bond Prepayment in August 2014 for 34 lot differential (68 Phase 1 Caymans replaced with 34 Oakmonts) * Developer made Bond Prepayment in November 2014 for 1 lot differential (1 Phase 1 Carlyle replaced with 1 Oakmont) ** Developer built Carrington Homes on Garden Lots (Karina Street) - Debt Assessments for those lots is $ ** Developer made Bond Prepayment in November 2014 for 4 lot disclosure differential (4 40' disclosed at 36'/40' rate) Total Lots Assessed For O&M = /14/2016 5:03 PM V Page 30