WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT BROWARD COUNTY REGULAR BOARD MEETING APRIL 3, :00 P.M.

Transcription

1 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT BROWARD COUNTY REGULAR BOARD MEETING APRIL 3, :00 P.M. Special District Services, Inc SW 165 th Avenue, Suite 200 Miami, FL ext Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT Walnut Creek Clubhouse 7500 NW 20 th Street Pembroke Pines, Florida REGULAR BOARD MEETING April 3, :00 p.m. A. Call to Order B. Proof of Publication..Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. February 6, 2018 Regular Board Meeting Page 2 2. March 8, 2018 Special Board Meeting...Page 8 G. Administrative Matter 1. Financial Update....Page 14 H. New/Additional Business 1. Earth Advisors Presentation 2. Consider Approval of Earth Advisors Draft Contract for Landscaping Maintenance.Page Consider Approval of Landscaping RFP Process 4. Consider Earth Advisors Proposal for Tree Arboricultural Health and Condition Evaluation Page Discussion Regarding Perimeter Wall Installation 6. Craig A Smith & Associates Perimeter Wall Project Engineer Services Proposal.. Page Consider Resolution No Electronic Approval Process and Authorized Signatories.Page Consider Resolution No Adopting a Fiscal Year 2018/2019 Proposed Budget Page 51 I. Field Maintenance/Capital Improvements 1. Irrigation/Water Usage Update (SFWMD)..Page Landscape Report from Mainguy Landscape Services Under Separate Cover 3. Consider Approval of Fence Repair Proposal..Page Update on Lake Restoration Project 5. Update on Lakes #3 and #4 Pipe Replacement Project J. Security Systems/Services 1. Kent Security Report/Update Under Separate Cover

3 K. Old Business L. Additional Staff Updates/Requests 1. Attorney 2. District Manager a. November General Election Candidate Qualifying Period Noon June 18 th to Noon June 22 nd b. Reminder Statement of Financial Interests Reporting 2017 Form 1 M. Additional Board Member/Public Comments N. Adjourn

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5 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 6, 2018 A. CALL TO ORDER District Manager, Gloria Perez, called the February 6, 2018, Regular Board Meeting of the Walnut Creek Community Development District to order at 6:00 p.m. at the Walnut Creek Clubhouse located at 7500 NW 20 th Street, Pembroke Pines, Florida B. PROOF OF PUBLICATION Proof of publication was presented that notice of the Regular Board Meeting had been published in the Broward Daily Business Review on September 20, 2017, as part of the District s Fiscal Year 2017/2018 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM Mrs. Perez determined that the attendance of the following Supervisors constituted a quorum and it was in order to proceed with the meeting: Chairman William Cook, Vice Chairperson Elina Levenson and Supervisors Zalman Kagan, Betty Ross and Ali Munju. Staff in attendance included: District Manager Gloria Perez of Special District Services, Inc.; General Counsel Ginger Wald of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; and District Engineer Jim Orth of Craig A. Smith & Associates. Also present were: Kent Security representative District Manager Jorge Castro and Post Captain Konstantinos Garbis; HOA Property Manager Cliff Cole; Mainguy Landscaping Services representative Rob Mainguy and Eddie Bingham, as well as several members of the public. D. ADDITIONS OR DELETIONS TO THE AGENDA There were no additions or deletions to the agenda. E. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA. Mrs. Perez asked the public for their comments at this time and touched upon the public comments time span of 3 minutes and comments from the Public were heard. F. APPROVAL OF MINUTES 1. December 5, 2017, Regular Board Meeting Mrs. Perez presented the minutes of the December 5, 2017, Regular Board Meeting and asked if there were any corrections and/or additions. Page 1 of 6 Page 2

6 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 6, 2018 There being none, a MOTION was made by Supervisor Ross, seconded by Vice Chairperson Levenson and unanimously passed to approve the minutes of the December 5, 2017, Regular Board Meeting, as presented. G. ADMINISTRATIVE MATTERS 1. Financial Update As procedurally done, Financial Reports through December 2017 were presented in the meeting books and reviewed: Monthly Financial Report - Operating Fund (actual revenues and expenditures with fund balances and availability); November and December 2017 Check Registers; Balance Sheet; Debt Service Profit and Loss YTD Comparisons/Report; Tax/Assessment Collections; Capital Expenditure Recap through December Available Operating Funds as of December 31, 2017, reflect: $1,481, A motion of ratification of the financials or any further discussion was requested: A MOTION was made by Vice Chairperson Levenson, seconded by Supervisor Munju and passed unanimously to ratify and approve the financials, as presented. H. NEW/ADDITIONAL BUSINESS 1. Consider Approval of Craig A. Smith & Associates Lake Bank Restoration Agreement The District Engineer Agreement for services pertaining to the Stormwater Ponds Bank Repairs Project was presented in the meeting book. A lengthy discussion ensued after which; A MOTION was made by Vice Chairperson Levenson, seconded by Supervisor Ross approving the proposed estimate letter dated January 24 th 2018, to engage in the service of Craig A Smith & Associates, Inc., to provide Engineering Services for the Lake Bank Restoration Project, as specified. The MOTION carried on a vote of 4 to 1 with Supervisor Kagan dissenting. I. FIELD MAINTENANCE/CAPITAL IMPROVEMENTS 1. Irrigation/Water Usage Update South Florida Water Management District (SFWMD) The irrigation/water meter reading was presented in the meeting book and the Irrigation/Water Usage Report was distributed via handout by the District Engineer. 2. Landscape Report from Mainguy Landscape Services The landscape reports were distributed via handout by Mainguy. 3. Consider Approval of Mainguy Proposal for Check Valve at West Pump Station Page 2 of 6 Page 3

7 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 6, 2018 Presented in the meeting book was a proposal from Mainguy for the replacement of a Jockey Pump check valve located at the West Pump Station. A MOTION was made by Vice Chairperson Levenson, seconded by Supervisor Munju and passed unanimously approving the proposal dated January 30, 2018, in the amount of $1,150 from Mainguy Landscape Services for the replacement of a Jockey Pump check valve located at the West Pump Station. 4. Resident Request for Hedge Replacement behind 7448 NW 17 th Drive Mrs. Perez presented the request for hedge replacement, which was submitted by District resident Elizabeth Perry. The Board reviewed the letter and a discussion ensued. No further action was taken at this time. Drive 5. Consider Approval of Mainguy Proposal for Hedge Replacement behind 7448 NW 17 th The Board elected not to approve the presented proposal and opted to wait on the consultant s response on the general condition by way of the specifications being provided by Earth Advisors. 6. Consider Approval of Mainguy Proposal for Sod Installation at NW 20 th Street and NW 76 th Avenue A recommendation to wait and allow the sod to recover was made by Mainguy. The Board elected to take no action at this time. 7. Update on Earth Advisors, Inc. and Landscaping RFP Process Mrs. Perez advised that she had been successful in negotiating the terms not to exceed $3,500 with John Harris of Earth Advisors. She indicated that a fully executed agreement was entered into upon its receipt on February 2, Both Mrs. Perez and District Counsel will work with John Harris to finalize a RFP to be brought to the Board for consideration during the next scheduled meeting set for April 3, Update on Lake Bank Restoration Project A memorandum was distributed under separate cover by District Engineer Jim Orth dated February 6 th Inclusive of recommendations and modifications that may need to be made as to the coconut mat and the littoral species to ensure that plants thrive. 9. Discussion Regarding Lakes 3 & 4 Storm Drain Pipe Repairs Page 3 of 6 Page 4

8 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 6, 2018 Craig Smith provided new specifications for the repairs to the storm drain pipe outfalls at Lakes #3 and #4 on January 29, Same has been forwarded to various contractors to bid on this work. A MOTION was made by Vice Chairperson Levenson, seconded by Supervisor Munju approving the proposal from the lowest qualified bidder to make the necessary pipe replacements and correction work to faulty outfalls at Lakes #3 and #4, per the specifications provided by the District Engineer, which may be modified by the District Engineer. Persant Construction Co. Inc. will perform the work for an amount not to exceed $40,000, plus permitting, if required; simultaneously authorizing District Counsel to prepare the agreement and District management to execute on behalf of the District as well as authorizing the District Engineer to oversee and sign-off approvals and provide certifications for work conducted prior to final payment. The MOTION carried on a vote of 4 to 1 with Supervisor Cook dissenting. 10. Discussion Regarding Taft Street West Waterfall and Small Waterfall Mrs. Perez advised the Board that both the west and small waterfalls may have leaks. The west waterfall pipe testing determined that there are no leaks within the pipes themselves and that the second phase of testing around all pipe and pond openings will be performed. The small pond has a substantial leak that is also being looked into. District management is in the process of gathering information regarding to the small waterfall to either make it fully operational or make it part of the landscaping. 11. Consider Approval of Repairs to the Lake Fountain in Pond #5 The Allstate Resource Management proposal came in for an amount of $4,375, plus the cost of any additional repairs that may be required. Should the pump require replacement, the worst case scenario could drive the cost to a range of $10,000 in order to make the system fully operational. The District lake fountain has a 15 horsepower motor and a new 10 horsepower motor is approximately $25,000. A MOTION was made by Supervisor Munju, seconded by Vice Chairperson Levenson and passed unanimously approving the proposal from Vertex dated February 6, 2018, for an amount not to exceed $7,000 for replacement of the 15 Horsepower Submersible Fountain Motor. 12. Discuss Repairs Made to Sheridan Landscape Lighting and Status Update Mrs. Perez advised of the repairs that Mr. Lee Levenson had provided to the District at no charge. Page 4 of 6 Page 5

9 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 6, 2018 We have quotes for the original vendor at $150 each and we are currently requesting comparable pricing. 13. Discussion Regarding Entry Monument Pavilion and Taft Guardhouse Trellis Beams Replacement Mrs. Perez indicated that she was gathering pricing for the replacement of the trellis beams, which will be discussed at the upcoming meeting. 14. Discussion Regarding Perimeter Wall Installation Mrs. Perez was directed to look into the possibility the District could consider the installation of a perimeter wall within District boundaries, which resulted as follows: Bond Counsel confirmed that the District cannot use tax exempt Bonds for the installation of a perimeter wall, unless it is for sound abatement purposes. District Counsel confirmed that the District can install a perimeter wall under its abilities to provide security measures. Upon contacting the City of Pembroke Pines Building and Zoning Departments, the District was advised that a preliminary meeting could be setup with District management and the District Engineer to review the area being proposed for the installation of the perimeter wall prior to having a design created, reviewed, finalized and a submittal for a Zoning Hearing process to be conducted. Chairman William Cook excused himself from the meeting at approximately 7:07 p.m. J. SECURITY SYSTEM/SERVICES 1. Kent Security Report/Update A security report for the month of December 2017 was presented in the meeting book and January s Security Report was provided as a handout. Mrs. Perez requested an electronic copy be forwarded for District records. K. OLD BUSINESS There were no Old Business items to come before the Board. L. ADDITIONAL STAFF UPDATES/UPDATES 1. Attorney There were no further updates from District Counsel. Page 5 of 6 Page 6

10 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 6, District Manager Mrs. Perez advised the Board that Municipalities are scheduled to have an election in conjunction with the General Election on November 6, (Depending upon candidate qualifying, which is scheduled to take place from noon, June 18, 2018 noon, June 22, 2018), for the following seats: WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT GENERAL ELECTION CHR Seat 1 William Cook Expires 2018 AS Seat 2 Betty Ross Expires 2018 AS Seat 3 Ali Munju Expires 2018 Mrs. Perez advised the Board that she would be forwarding an with additional information and contacts for the qualification process. M. ADDITIONAL BOARD MEMBER/PUBLIC COMMENTS A MOTION was made by Vice Chairperson Levenson, seconded by Supervisor Munju and passed unanimously authorizing the District Engineer to make modifications and to execute Change Orders for the American Shoreline Agreement for changes and/or modifications to the materials and/or littoral plant species, location placement and compositions in order to ensure survivability and for best application methods. The Board was advised that the next meeting was scheduled for April 3, 2018, at which time the Board will consider the adoption of the proposed budget. N. ADJOURNMENT There being no further business to come before the Board, the Regular Board Meeting was adjourned at 7:26 p.m. on a MOTION made by Vice Chairperson Levenson, seconded by Supervisor Ross. Upon being put to a vote, the MOTION carried unanimously. ATTESTED BY: Secretary /Assistant Secretary Chairman/Vice-Chair Page 6 of 6 Page 7

11 Attachment for Item I.8 of the February 6, 2018 Meeting Minutes Page 8

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13 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT SPECIAL BOARD MEETING MARCH 8, 2018 A. CALL TO ORDER District Manager, Gloria Perez, called the March 8, 2018, Special Board Meeting of the Walnut Creek Community Development District to order at 5:11 p.m. at the Walnut Creek Clubhouse located at 7500 NW 20 th Street, Pembroke Pines, Florida B. PROOF OF PUBLICATION Proof of publication was presented that notice of the Special Board Meeting had been published in the Broward Daily Business Review on March 1, 2018, as legally required. C. ESTABLISH A QUORUM Mrs. Perez determined that the attendance of the following Supervisors constituted a quorum and it was in order to proceed with the meeting: Chairman William Cook, Vice Chairperson Elina Levenson and Supervisors Zalman Kagan, Betty Ross and Ali Munju. Staff in attendance included: District Manager Gloria Perez of Special District Services, Inc.; General Counsel Ginger Wald of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; and District Engineer Jim Orth of Craig A. Smith & Associates. Also in attendance was Bill Anderson of American Shoreline and members of the Public. D. PUBLIC COMMENT There was no public comment. E. NEW/ADDITIONAL BUSINESS There were no additions or deletions to the agenda. E. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA. 1. Consider American Shoreline Design Change Recommendation Specs & Presentation Bill Anderson of American Shoreline presented his recommendations for modifications to the existing specification pertaining to an alternate option that would omit the installation of the coconut matting and littoral plantings while referring to the information provided in the meeting book. He followed his presentation with a questions and answers session. 2. District Engineer Memorandum and Opinion Mr. Orth s opinion was provided in the meeting book. He made comments regarding the presented modifications and addressed the Boards questions pertaining to said modifications. Page 1 of 4 Page 10

14 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT SPECIAL BOARD MEETING MARCH 8, Consider Approval of Design Change to the Stormwater Ponds Bank Repair Project Each Board Member expressed their opinion regarding the project and the alternate design modification. All parties on the Board were in favor of the modification, which would eliminate the current specifications calling for the installation of coconut matting and littoral plantings and replacing it with additional installation increased Geo-tube protection to prevent scouring in front of the geo-tubes. District Counsel noted that the Engineer Memo also mentioned an alternate and reviewed the following for clarification with the Board: - That the alternate method being recommended does not change the specified outcome to the project; thereby omitting the coconut mat and littoral plants for the installation of 404 woven material. - The District and the Contractor entered into an Agreement for Stormwater Ponds Bank Repairs and related work dated December 19, 2017; - The Contractor has proposed a change order to the work to eliminate the littoral plantings and coconut mat, install additional protection at the bottom edge of the geo-tubes, extend the warranty of the remaining construction elements from ten (10) years to fifteen (15) years and deduct $84,950 from the total contract amount; - The District s Engineer recommends approval of the Contractor s proposed change order and agrees that it would be in the best interest of the District; and - The District and the Contractor have agreed to amend the Agreement to provide for a reduction of the total contract amount by $84,950 and an extension of the warranty period for the remaining construction elements from ten (10) years to fifteen (15) years. 4. Consider Approval of Change Order #1 and Amendment to American Shoreline Agreement Mrs. Perez presented the Board with the following breakdown: Walnut Creek Community Development District American Shoreline Restoration Agreement Project Modification to Design Payment Term Options as of March 2018 American Shoreline Restoration Agreement Payment Terms and Alternate Options for Payment methods should the Board elect to modify/amend the agreement thereby reducing the agreement cost by $84,950 with the removal of the littoral plantings; Page 2 of 4 Page 11

15 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT SPECIAL BOARD MEETING MARCH 8, 2018 SECTION 3. COMPENSATION. A. Owner agrees to compensate the Contractor in accordance with the terms and conditions set forth in this Agreement and Exhibits, a total amount not to exceed FIVE HUNDRED NINETY-FOUR THOUSAND SIX HUNDRED AND 00/100 ($594,600.00) DOLLARS, in accordance with the following payment schedule: 1. $237, deposit upon the execution of the Agreement; and 2. $5, per month for a maximum of sixty (60) months until full payment of $356,760 remaining due under the Agreement (this amount may be paid off earlier than 60 months set forth herein). Breakdown: Original Contract amount approved $ 594, Deposit Paid $ 237, Remaining Balance after Deposit Payment $ 356, Two (2) Monthly Installments have been Paid to Date as of Feb 2018 $ 11, Remaining Balance to Date is $ 344, Change Order #1 Credit $ 84, Remaining Balance $ 259, The Board will need to determine how to address the changes in payment terms; Option 1 to reduce number of payments or Option 2 to reduce monthly amount. OPTION 1 Taking the remaining balance of $259,918 and dividing it by 43 payments of $5, and one final payment for the remaining balance of $4,240.00, thereby reducing the number of remaining payments from 58 to 44. Which equals to a reduction of 14 months (a year and two month less than originally anticipated) OPTION 2 Would be to remain with the current monthly term which consists of 58 months as of this date. Breaking down the monthly payments to $4,481.34, thereby reducing the monthly amount by $1, Page 3 of 4 Page 12

16 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT SPECIAL BOARD MEETING MARCH 8, 2018 After a lengthy discussion, the following motion was made: A MOTION was made by Vice Chairperson Levenson, seconded by Supervisor Ross and unanimously passed to approve the 1 st Amendment to the Agreement with American Shoreline Restoration, as presented, with the alternate application, omitting the coconut matting and littoral plantings with the 404 woven material, as detailed above, with an extension to the warranty, thereby adding an additional five (5) year warranty period and amending the cost to reflect a reduction in the amount of $84,950.00; applicable by reducing the number of monthly payments. 5. Reference Map of Lakes This map was used as a means of reference for discussion purposes. F. ADDITIONAL STAFF UPDATES/UPDATES 1. Attorney There were no updates from District Counsel. 2. District Manager There were no updates from the District Manager. G. ADDITIONAL BOARD MEMBER/PUBLIC COMMENTS There were no additional Board Member or public comments. H. ADJOURNMENT There being no further business to come before the Board, the Special Board Meeting was adjourned at approximately 5:55 p.m. on a MOTION made by Vice Chairperson Levenson, seconded by Supervisor Ross. Upon being put to a vote, the MOTION carried unanimously. ATTESTED BY: Secretary /Assistant Secretary Chairman/Vice-Chair Page 4 of 4 Page 13

17 Walnut Creek Community Development District Financial Report For February 2018 Page 14

18 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT OPERATING FUND FEBRUARY 2018 Year Annual To Date Budget Actual Actual 10/1/17-9/30/18 Feb-18 10/1/17-2/28/18 REVENUES ADMINISTRATIVE ASSESSMENTS 164,495 3, ,178 MAINTENANCE ASSESSMENTS 1,521,755 34,958 1,421,012 DEBT ASSESSMENTS (2008) 380,884 8, ,638 DEBT ASSESSMENTS (2010) 130,306 2, ,689 OTHER REVENUES INTEREST INCOME 1, TOTAL REVENUES $ 2,198,690 $ 50,481 $ 2,053,113 EXPENDITURES ADMINISTRATIVE EXPENDITURES SUPERVISOR FEES 10,000 1,000 2,800 PAYROLL TAXES (EMPLOYER) ENGINEERING 35,000 3,243 7,236 LEGAL FEES 19, ,578 AUDIT FEES 3, MANAGEMENT 42,900 3,575 17,875 POSTAGE 1, OFFICE SUPPLIES/PRINTING 4, ,851 INSURANCE 14, ,951 LEGAL ADVERTISING 1, MISCELLANEOUS 6, ,384 DUES & SUBSCRIPTIONS ASSESSMENT ROLL 7, TRUSTEE FEES 5, ,420 CONTINUING DISCLOSURE FEE WEBSITE MANAGEMENT 1, TOTAL ADMINISTRATIVE EXPENDITURES $ 154,625 $ 8,794 $ 56,253 MAINTENANCE EXPENDITURES FIELD MAINTENANCE 5,000 1,000 6,500 OPERATIONS MANAGEMENT 12, ,000 SECURITY SERVICES 304,500 21, ,342 LANDSCAPE MAINTENANCE 390,000 21, ,999 PLANT REPLACEMENT 20, TELEPHONE 9, ,318 ELECTRIC 76,000 5,912 29,496 WATER & SEWAGE 5, ,527 GUARD HOUSE - VISITOR PASSES 8, ,031 IRRIGATION MAINTENANCE 14,400 1,150 7,224 GATE SYSTEM MAINTENANCE 18, GUARD HOUSE INT/EXT MAINTENANCE 8, ,356 LAKE & PRESERVE MAINTENANCE 40,000 2,838 14,190 SIGNAGE 2, STREETLIGHT MAINTENANCE 4, Page 15

19 WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT OPERATING FUND FEBRUARY 2018 Year Annual To Date Budget Actual Actual 10/1/17-9/30/18 Feb-18 10/1/17-2/28/18 WATERFALL MAINTENANCE 30, ,848 HOLIDAY LIGHTING 6, ,962 TREE TRIMMING 20, MISCELLANEOUS MAINTENANCE 5, MONUMENT REPAIRS 6, LAKE RESTORATION & MAINTENANCE 312,000 5, ,732 LAKE RESTORATION & MAINTENANCE - ENGINEERING 60,000 8,582 16,620 OPERATING RESERVE/CONTINGENCY 15, STORM CLEANUP ,286 STORMWATER MGT & PIPE REPLACEMENT RESERVE/CONTINGENCY 60, TOTAL MAINTENANCE EXPENDITURES $ 1,431,700 $ 71,607 $ 622,835 TOTAL EXPENDITURES $ 1,586,325 $ 80,402 $ 679,088 EXCESS OR (SHORTFALL) $ 612,365 $ (29,921) $ 1,374,025 PAYMENT TO TRUSTEE (2008) (358,031) (8,386) (334,848) PAYMENT TO TRUSTEE (2010) (122,488) (2,869) (114,576) BALANCE $ 131,846 $ (41,176) $ 924,602 COUNTY APPRAISER & TAX COLLECTOR FEE (43,948) (988) (39,430) DISCOUNTS FOR EARLY PAYMENTS (87,898) (1,106) (80,525) EXCESS/ (SHORTFALL) $ - $ (43,269) $ 804,647 CARRY FORWARD SURPLUS NET EXCESS/ (SHORTFALL) $ - $ (43,269) $ 804,647 Bank Balance As Of 1/31/18 $ 1,518, Funds Received: 2/1/18-2/28/18 $ 48, Disbursements: 2/1/18-2/28/18 $ 59, Bank Balance As Of 2/28/18 $ 1,507, Accounts Payable As Of 2/28/18 $ 137, Accounts Receivable As Of 2/28/18 $ - Other Assets As Of 2/28/18 $ Available Funds As Of 2/28/18 $ 1,370, Page 16

20 Walnut Creek Community Development District Budget vs. Actual October 2017 through February 2018 Oct '17 - Feb 18 Budget $ Over Budget % of Budget Income Administrative Assessment 154, , , % Maintenance Assessment 1,421, ,521, , % Debt Assessments (Series 2008) 355, , , % Debt Assessments (Series 2010) 121, , , % Debt Assess-Paid To Trustee , , , % Debt Assess-Paid To Trustee , , , % Assessment Fees -39, , , % Assessment Discounts -80, , , % Interest Income , % Total Income 1,483, ,586, , % Expense Payroll tax expense % Supervisor Fees 2, , , % Engineering 7, , , % Management Fees 17, , , % Legal Fees 5, , , % Assessment/Tax Roll , , % Audit Fees , , % Insurance 12, , , % Legal Advertisements , , % Miscellaneous 4, , , % Postage and Delivery , , % Office Supplies 2, , , % Dues, License & Subscriptions % Trustee Fees (GF) 1, , , % Continuing Disclosure Fee % Website Management , % Security Services 115, , , % Gatehouse Maintenance 4, , , % Gate System Maintenance , , % Guard house-visitor Passes 2, , , % Lawn (Landscape) Maintenance 119, , , % Lake & Preserve Maintenance 14, , , % Stormwater Mgt/Pipe Replacement , , % Irrigation Maintenance 7, , , % Signs , , % Electricity 29, , , % Miscellaneous Maintenance , , % Telephone 4, , , % Water & sewer 2, , , % Field Management 6, , , % Plant Replacement , , % Waterfall Maintenance 7, , , % Streetlight Maintenance , , % Page 17

21 Walnut Creek Community Development District Budget vs. Actual October 2017 through February 2018 Oct '17 - Feb 18 Budget $ Over Budget % of Budget Tree Trimming Services , , % Holiday Lighting 2, , , % Monument Repairs , , % Storm Cleanup 37, , % Lake Restoration & Maintenance 249, , , % Lake Restoration & Maint- Engin 16, , , % Operations Management 1, , , % Operating Reserve/Capital Outlay , , % Total Expense 679, ,586, , % Net Income 804, , % Page 18

22 Walnut Creek Community Development District Check Register January 2018 Check # Date Vendor Amount /01/2018 Allstate Resource Management, Inc. 5, /01/2018 AT&I Systems 1, /01/2018 City of Pembroke Pines /01/2018 FPL 6, /01/2018 Hancock Bank (Tax Receipts) 2, /01/2018 Mainguy Landscape Services 43, /01/2018 Miami Pool Tech Inc 2, /01/2018 Special District Services, Inc. 5, /01/2018 U.S. Bank (Tax Receipts) 6, /05/2018 Kent Security of Palm Beach, Inc. 23, /08/2018 Billing, Cochran, Lyles, Mauro, & Ramsey 1, /08/2018 City of Pembroke Pines 1, /08/2018 Comcast (8939) /08/2018 Comcast (9044) /08/2018 Grace Roofing Enterprise 2, /08/2018 Hancock Bank (Tax Receipts) 6, /08/2018 Randy's Holiday Lighting 2, /08/2018 RGS Landscaping 15, /08/2018 U.S. Bank (Tax Receipts) 19, /15/2018 American Shoreline Restoration Inc 237, /15/2018 AT&I Systems /15/2018 Hancock Bank (Trustee Fee) 1, /15/2018 Kent Security of Palm Beach, Inc. 23, /15/2018 Office Depot Credit Plan TOTAL 410, Page 19

23 Walnut Creek Community Development District Check Register February 2018 Check # Date Vendor Amount /01/2018 Allstate Resource Management, Inc. 2, /01/2018 American Shoreline Restoration Inc 5, /01/2018 AT&I Systems /01/2018 Billing, Cochran, Lyles, Mauro, & Ramsey /01/2018 City of Pembroke Pines /01/2018 Comcast (Voice 8931) /01/2018 FPL 6, /01/2018 Hancock Bank (Tax Receipts) 2, /01/2018 John Zollo Graphic Designs Inc /01/2018 Mainguy Landscape Services 21, /01/2018 Miami Pool Tech Inc 3, /01/2018 Special District Services, Inc. 5, /01/2018 U.S. Bank (Tax Receipts) 6, PR 2/9/18 02/09/2018 Payroll Processing PR 2/9/18 02/09/2018 Payroll Taxes PR 2/9/18 02/09/2018 Supervisor Fees /09/2018 1st Solution Pest Control /09/2018 Comcast (8939) /09/2018 Comcast (9044) /09/2018 Hypower Electric Services Inc /09/2018 Vertex Water Features, Inc TOTAL 59, Page 20

24 Walnut Creek Community Development District Expenditures January 2018 Date Invoice # Vendor Description Amount Expenditures Engineering 01/31/ Craig A. Smith & Associates, Inc inv# engineering services 1/1/18-1/31/18 1, Total Engineering 1, Management Fees 01/31/ Special District Services, Inc. Inv# Management Fee January , Total Management Fees 3, Legal Fees 01/31/ Billing, Cochran, Lyles, Mauro, & Ramsey acct# O stmt# January 2018 legal Total Legal Fees Miscellaneous 01/05/2018 stop payment fee /31/ Special District Services, Inc. Dec 2017 chargeback for phone cable, copies of keys, locks & wire for gate /31/ Special District Services, Inc. December 2017 document storage /31/ Special District Services, Inc. December 2017 Travel Total Miscellaneous Postage and Delivery 01/31/ Special District Services, Inc. December 2017 postage /31/ Special District Services, Inc. December 2017 FedEx Total Postage and Delivery Office Supplies 01/05/2018 Office Depot Credit Plan Acct# /31/ Special District Services, Inc. December 2017 copier charges /31/ Special District Services, Inc. December 2017 meeting books Total Office Supplies Website Management 01/31/ Special District Services, Inc. January 2018 Website fee Total Website Management Security Services 01/31/ Kent Security of Palm Beach, Inc. inv# security services January , Total Security Services 23, Gatehouse Maintenance 01/01/ AT&I Systems monthly all inclusive service gate maintenance 1/1/18-1/31/ /03/2018 WO AT&I Systems inv# WO service call on required new boom /09/2018 WO AT&I Systems inv# WO Arm hardware kit and nylon nuts Total Gatehouse Maintenance Guard house-visitor Passes 01/28/ John Zollo Graphic Designs Inc inv# 3011 daily passes (12,000) Total Guard house-visitor Passes Lawn (Landscape) Maintenance 01/01/ Mainguy Landscape Services inv# landscape maintenance January , /23/ Mainguy Landscape Services inv# fertilize turf, shrubs and palms 10, Total Lawn (Landscape) Maintenance 32, Lake & Preserve Maintenance 01/01/ Allstate Resource Management, Inc. mitigation area maintenance and lake mgmt services January , Total Lake & Preserve Maintenance 2, Electricity 01/01/ FPL acct# (12/18/17-1/19/18) Page 21

25 Walnut Creek Community Development District Expenditures January 2018 Date Invoice # Vendor Description Amount 01/01/ FPL acct# (12/18/17-1/19/18) 4, /01/ FPL acct# (12/18/17-1/19/18) /01/ FPL acct# (12/18/17-1/19/18) /01/ FPL acct# (12/18/17-1/19/18) /01/ FPL acct# (12/18/17-1/19/18) /01/ FPL acct# (12/18/17-1/19/18) Total Electricity 6, Telephone 01/15/ Comcast (Voice 8931) Inv# account# /24/2018 Comcast (8939) Acct# Service for 1800 NW 76th Ave (2/4/18-3/3/18) /24/2018 Comcast (9044) acct# service for 2400 NW 76th Ave (service 2/4/18-3/3/18) Total Telephone Water & sewer 01/22/2018 City of Pembroke Pines Acct# (1800 NW 76 Ave) 1/22/ /22/2018 City of Pembroke Pines Acct# (West Fountain) 1/22/ /22/2018 City of Pembroke Pines Acct# (East Fountain) 1/22/ Total Water & sewer Field Management 01/31/ Special District Services, Inc. January 2018 Field Operations fee 1, Total Field Management 1, Waterfall Maintenance 01/01/ Miami Pool Tech Inc inv# monthly service three fountains /09/ Miami Pool Tech Inc inv# fountain leak detection 1, /09/ Miami Pool Tech Inc inv# small fountain leak detection /31/ Vertex Water Features, Inc fountain service-15hp fan jet at clubhouse; motor needs to be replaced Total Waterfall Maintenance 2, Streetlight Maintenance 01/25/ Hypower Electric Services Inc trouble shoot pole lights at Sheridan entrance; found 20 amp breaker tripping once ph Total Streetlight Maintenance Holiday Lighting 01/08/ Randy's Holiday Lighting inv# 5413 holiday lighting balance due 2, Total Holiday Lighting 2, Lake Restoration & Maintenance 01/31/2018 American Shoreline Restoration Inc January 2018 Payment # 1 on stormwater ponds bank repair 5, Total Lake Restoration & Maintenance 5, Lake Restoration & Maint- Engin 01/31/ Craig A. Smith & Associates, Inc engineering services storm water ponds/bank repairs 1/1/18-1/31/18 8, Total Lake Restoration & Maint- Engin 8, Total Expenditures 96, Page 22

26 Walnut Creek Community Development District Expenditures February 2018 Date Invoice # Vendor Description Amount Expenditures Payroll tax expense 02/09/2018 PR 2/9/18 mtg 2/6/18, PR 2/9/18 (Payroll Taxes) Total Payroll tax expense Supervisor Fees 02/09/2018 PR 2/9/18 mtg 2/6/18, PR 2/9/18 (Supervisor Fees) 1, Total Supervisor Fees 1, Engineering 02/28/ Craig A. Smith & Associates, Inc inv# general engineering 2/1/18-2/28/18 3, Total Engineering 3, Management Fees 02/28/ Special District Services, Inc. Inv# Management Fee February , Total Management Fees 3, Miscellaneous 02/09/2018 PR 2/9/18 mtg 2/6/18, PR 2/9/18 (Payroll Processing) /28/ Special District Services, Inc. January 2018 chargeback for bathroom sign & Misc supplies /28/ Special District Services, Inc. January 2018 document storage /28/ Special District Services, Inc. January 2018 travel Total Miscellaneous Postage and Delivery 02/28/ Special District Services, Inc. January 2018 postage /28/ Special District Services, Inc. January 2018 FedEx Total Postage and Delivery Office Supplies 02/28/ Special District Services, Inc. January 2018 copier charges Total Office Supplies Website Management 02/28/ Special District Services, Inc. February 2018 Website fee Total Website Management Security Services 02/28/ Kent Security of Palm Beach, Inc. inv# security services February , Total Security Services 21, Gatehouse Maintenance 02/01/ AT&I Systems monthly all inclusive service gate maintenance February /05/ st Solution Pest Control inv# bi monthly regular service of pest control Total Gatehouse Maintenance Lawn (Landscape) Maintenance 02/01/ Mainguy Landscape Services inv# landscape maintenance February , Total Lawn (Landscape) Maintenance 21, Lake & Preserve Maintenance 02/01/ Allstate Resource Management, Inc. mitigation area maintenance and lake mgmt services February , Total Lake & Preserve Maintenance 2, Irrigation Maintenance 02/13/ Mainguy Landscape Services inv# install new check valve on jockey pump 1, Page 23

27 Walnut Creek Community Development District Expenditures February 2018 Date Invoice # Vendor Description Amount Total Irrigation Maintenance 1, Electricity 02/19/ FPL acct# (1/19/18-2/19/18) /19/ FPL acct# (1/19/18-2/19/18) 4, /19/ FPL acct# (1/19/18-2/19/18) /19/ FPL acct# (1/19/18-2/19/18) /19/ FPL acct# (1/19/18-2/19/18) /19/ FPL acct# (1/19/18-2/19/18) /19/ FPL acct# (1/19/18-2/19/18) Total Electricity 5, Telephone 02/15/ Comcast (Voice 8931) Inv# account# /24/2018 Comcast (8939) Acct# Service for 1800 NW 76th Ave (3/4/18-4/3/18) /24/2018 Comcast (9044) acct# service for 2400 NW 76th Ave (service 3/4/18-4/3/18) Total Telephone Water & sewer 02/15/2018 City of Pembroke Pines Acct# (1800 NW 76 Ave) 2/15/ /15/2018 City of Pembroke Pines Acct# (west fountain) 2/15/ /15/2018 City of Pembroke Pines Acct# (east fountain) 2/15/ Total Water & sewer Field Management 02/28/ Special District Services, Inc. February 2018 Field Operations fee 1, Total Field Management 1, Plant Replacement 02/19/ Mainguy Landscape Services inv# install 1 Calophyllum brasiliense Total Plant Replacement Waterfall Maintenance 02/01/ Miami Pool Tech Inc inv# monthly service February Total Waterfall Maintenance Lake Restoration & Maintenance 02/01/ American Shoreline Restoration Inc February 2018 Payment # 2 on stormwater ponds bank repair 5, Total Lake Restoration & Maintenance 5, Lake Restoration & Maint- Engin 02/28/ Craig A. Smith & Associates, Inc inv# engineering services storm water ponds/bank repairs 2/1/18-2/28/18 8, Total Lake Restoration & Maint- Engin 8, Total Expenditures 80, Page 24

28 Walnut Creek CDD Balance Sheet As of February 28, 2018 Operating Fund Debt Service (2008) Fund Debt Service (2010) Fund General Fixed Assets Long Term Debt TOTAL ASSETS Current Assets Checking/Savings CenterState Bank 1,507, ,507, CD's Total Checking/Savings 1,507, ,507, Total Current Assets 1,507, ,507, Other Assets Investments - Interest Account Investments - Reserve Fund , , , Investments - Revenue Account , , , Investments - Prepayment Fund , , Investments - Redemption Account , , Investments - Principal Petty Cash Accounts Receivable A/R Interest A/R Non Ad Valorem Receipts Land & Land Improvements ,327, ,327, Project Improvements ,746, ,746, Improvements , , Infrastructure ,123, ,123, Equipment , , Depreciation - Infrastructure ,956, ,956, Depreciation - Equipment , , Amount Available In DSF (2008) , , Amount Available In DSF (2010) , , Amount To Be Provided ,877, ,877, Total Other Assets , , ,326, ,600, ,648, TOTAL ASSETS 1,507, , , ,326, ,600, ,155, LIABILITIES & EQUITY Liabilities Current Liabilities Accrued Expense Sundry Accounts Payable 137, , Total Current Liabilties 137, , Long Term Liabilities Special Assessment Debt (2008) ,290, ,290, Special Assessment Debt (2010) ,310, ,310, Total Long Term Liabilities ,600, ,600, Total Liabilities 137, ,600, ,737, Equity Retained Earnings 566, , , ,976, ,051, Net Income 804, , , ,167, Current Year Depreciation Investment In Gen Fixed Assests ,302, ,302, Total Equity 1,370, , , ,326, ,418, TOTAL LIABILITIES & EQUITY 1,507, , , ,326, ,600, ,155, Page 25

29 Walnut Creek CDD Debt Service (Series 2008) Profit & Loss Report February 2018 Year Annual To Date Budget Actual Actual 10/1/17-9/30/18 Feb-18 10/1/17-2/28/18 Revenues Interest Income NAV Tax Collection 358,031 6, ,462 Bond Prepayments 0 0 1,452 Total Revenues $ 358,056 $ 6,949 $ 328,598 Expenditures Principal Payments 300, Additional Principal Payments ,000 Interest Payments 57, ,239 Total Expenditures $ 358,056 $ - $ 37,239 Excess/ (Shortfall) $ - $ 6,949 $ 291,359 Page 26

30 Walnut Creek CDD Debt Service (Series 2010) Profit & Loss Report February 2018 Year Annual To Date Budget Actual Actual 10/1/17-9/30/18 Feb-18 10/1/17-2/28/18 Revenues Interest Income NAV Tax Collection 122,488 2, ,706 Bond Prepayments 0 0 1,473 Total Revenues $ 122,513 $ 2,504 $ 113,938 Expenditures Principal Payments 45, Additional Principal Payments 5, ,000 Interest Payments 71, ,016 Total Expenditures $ 122,513 $ - $ 42,016 Excess/ (Shortfall) $ - $ 2,504 $ 71,922 Page 27

31 WALNUT CREEK CDD TAX COLLECTIONS # ID# Payment From DATE FOR Tax Collect Receipts Gross Interest Received Commission Paid Discount Net From Tax Collector Admin Assessment Income (Before Discounts & Fees) Maintenance Assessment Income (Before Discounts & Fees) Series 2008 Debt Assessment Income (Before Discounts & Fees) Series 2010 Debt Assessment Income (Before Discounts & Fees) Admin Assessment Income (After Discounts & Fees) Maintenance Assessment Income (After Discounts & Fees) Series 2008 Debt Assessment Income (After Discounts & Fees) Series 2010 Debt Assessment Income (After Discounts & Fees) Series 2008 Debt Assessment Paid to Trustee Series 2010 Debt Assessment Paid to Trustee $2,197,440 $164,495 $1,521,755 $380,884 $130,306 $164,495 $1,521,755 $380,884 $130,306 $2,065,594 $153,375 $1,431,700 $358,031 $122,488 $153,375 $1,431,700 $358,031 $122,488 $358,031 $122, Broward Cty Tax Collector 11/21/17 NAV Taxes $ 425, $ (8,172.64) $ (17,143.67) $ 400, $ 31, $ 294, $ 73, $ 25, $ 29, $ 277, $ 69, $ 23, $ 69, $ 23, Broward Cty Tax Collector 12/08/17 NAV Taxes $ 1,377, $ (26,445.63) $ (55,095.08) $ 1,295, $ 103, $ 953, $ 238, $ 81, $ 97, $ 897, $ 224, $ 76, $ 224, $ 76, Broward Cty Tax Collector 12/12/17 NAV Taxes $ 41, $ (803.94) $ (1,572.48) $ 39, $ 3, $ 28, $ 7, $ 2, $ 2, $ 27, $ 6, $ 2, $ 6, $ 2, Broward Cty Tax Collector 12/29/17 NAV Taxes $ 116, $ (2,239.36) $ (4,425.47) $ 109, $ 8, $ 80, $ 20, $ 6, $ 8, $ 75, $ 19, $ 6, $ 19, $ 6, Broward Cty Tax Collector 01/12/18 NAV Taxes $ 40, $ (781.08) $ (1,182.53) $ 38, $ 3, $ 27, $ 6, $ 2, $ 2, $ 26, $ 6, $ 2, $ 6, $ 2, Int - 1 Broward Cty Tax Collector 01/30/18 Interest $ $ $ $ $ - $ Broward Cty Tax Collector 02/15/18 NAV Taxes $ 50, $ (987.50) $ (1,105.65) $ 48, $ 3, $ 34, $ 8, $ 2, $ 3, $ 33, $ 8, $ 2, $ 8, $ 2, Broward Cty Tax Collector 03/15/18 NAV Taxes $ 17, $ (349.60) $ (221.13) $ 17, $ 1, $ 12, $ 3, $ 1, $ 1, $ 11, $ 2, $ 1, $ 2, $ 1, $ - $ - $ - 10 $ - $ - $ - 11 $ - $ - $ - 12 $ - $ - $ - 13 $ - $ - $ - 14 $ - 15 $ - 16 $ - 17 $ - 18 $ - $2,069, $ $ (39,779.75) $ (80,746.01) $ 1,949, $ 155, $ 1,433, $ 358, $ 122, $ 146, $ 1,349, $ 337, $ 115, $ 337, $ 115, Note: $2,197,440, $164,495, $1,521,755, $380,884 and $130,306 are 2017/2018 budgeted assessments before discounts and fees. $2,065,594, $153,375, $1,431,700, $358,031 and $122,488 are 2017/2018 budgeted assessments after discounts and fees. $ 2,069, $ $ 1,949, $ (155,504.02) $ (146,478.88) $ (1,433,270.33) $ (1,349,805.85) $ (358,705.25) $ (337,816.60) $ (122,738.94) $ (115,591.45) $ 0.00 $ 0.00 Page 28

32 Earth Advisors, Inc. Serving as Your Information Sources and Technical Experts for Regionally Correct Solutions Landscape Maintenance Contract and Specifications Period: Property: Walnut Creek Community Development District This Contract is between Walnut Creek Community Development District, at address Special District Services, Inc., 2501 A Burns Road, Palm Beach Gardens, FL (hereafter Owner) and (hereafter Contractor) for Contractor to maintain all landscape areas (turf, ornamentals, groundcovers, plant beds, hedges, shrubs, and other plant materials as included in this Contract) for the listed Owner property(ies) for the period starting June 1, 2018_ and ending December 31, 2019_ (19 months). Time frame for bid process: _04/01/18_ to project available for bidding; _TBD_ at 10:30 AM is a MANDATORY Pre-Bid meeting for all interested contractors, meeting is on site the Clubhouse to generally review project, answer questions, and review the property; _04/26/18_ at 3 PM bids due with 1 copy delivered to Earth Advisors, Inc. and 1 copy delivered to, Property Manager; _05/18/18_ Owner decision expected and chosen contractor contacted; _06/01/18_is expected start date for work in this project. Introduction: A landscape is not something that is installed and then left alone to grow. A landscape is a growing entity that is always changing in appearance and value. With professional care, the appearance and value will be enhanced. With poor specifications and unqualified maintenance/abuse, the landscape suffers and questions of liability for damages and costs of relandscaping cause much grief and anxiety for all parties involved. Thousands of dollars are spent on maintenance and landscaping, therefore, maintenance should be done with qualified workers and following standards of practice recognized by both industry and educational institutions. This Contract strives to meet these expectations and to alleviate any question of both judging performance of Contractor and what work items are included in landscape maintenance work. 1. General Requirements 1.1. Owner may delegate to an Agent as their representative in this Contract (i.e. Property Manager and/or employee, etc.) for inspections, audits and reviews. This contract is for Contractor to provide the specified materials and services listed and described herein and to be a Landscape Maintenance Contractor for the Owner Contractor is required to provide proof of insurance including, but not limited to: General Liability at $1 million, Vehicle Liability at $300,000 per occurrence, Workers Compensation at State required levels and classifications for work performed. Contractor must name Owner as Additionally Insured Contractor is required to provide copies of current Occupational License for this locality, and professional license(s) or certifications appropriate for services required in this Contract Contractor must provide reference documents including: Three customers of similar size and work to be contacted by Owner, relevant professional organization Earth Advisors, Inc. Main Office 4600 Sheridan Street Suite 403 Hollywood, FL (800) (954) (954) fax eai@earthadvisors.com Providing leadership for a better shared environment for over 25 years. Page 29

33 memberships, and Resumes of Owner and Supervisor(s) to be involved in this project. These are used in qualifying bidders for awarding this Contract This Contract is for Owner to contract the most qualified and cost effective Contractor. This decision is not based on price alone. Contractor should assure that all items specified will be provided according to the terms and descriptions provided herein The areas of the property included are shown on the property site map, with locations of most important landscape areas highlighted. Please be FULLY aware of the landscape conditions and consider the level of concern necessary to maintain the health and appearance of this landscape. Work Items and Specifications: 2. Schedule 2.1. Contractor must provide to Owner a schedule of work for this Contract at start of work and within each monthly Maintenance Report Contractor will identify the crew size and equipment to be used for this Contract with their Bid information. 3. Mowing 3.1. Turf areas will be mowed _42_ times each year. This is every 10 days from November through April and weekly from May through October MOWING OF NORTH UTILTY EASEMENT GREENSPACE SHALL BE DONE EVERY 2 WEEKS (14 DAYS).MOWING HEIGHT TO BE 4-6, WITH GRASS KEPT BELOW 12 HEIGHTAT ANY TIME At each mowing, turf around irrigation heads shall be cut away to allow for proper operation and coverage for irrigation system A mowing schedule for property must be provided to Owner showing proposed service visits per month. This must be updated in monthly Maintenance Reports with mowing visits completed and the schedule changes for the upcoming months Litter and trash in the turf areas shall be removed prior to mowing to reduce problems with cut up trash and cleaning it up after mowing Mowing height shall be between 3 and 4 inches measured as height from mower blade to the base of the grass stolon (not mower blade to pavement). Turf areas must not be allowed to grow over 5 inches tall before mowing occurs If this requires additional mowing visits, then Contractor must request and receive authorization from Owner for additional cuts to stay below maximum height String-line trimmer use for mowing grass is accepted only based on correct use of equipment and maintaining the mowing height requirements where mowing with string trimmers String-line trimmers are a prime reason for below height cutting of grass and die-back of turf areas and edges of turf. Death or decline of turf due to scalping and improper equipment use must be repaired and/or replaced at Contractor s expense Mowing will not throw or blow clippings or debris into roads, driveways or travelways. Any and all grass clippings shall be removed from travel-way surfaces into the turf areas after each mowing. Page 30

34 3.9. Mowing will not throw clippings or debris into any lake, canal or other water body located on or adjacent to property. This is to reduce the problems associated with lake maintenance related to landscape maintenance work performed on properties All mowing debris must be vacuumed or raked and disposed of by Contractor to legal disposal location All mower blades shall be sharpened after 8 hours of operation. This will be determined by the quality of cut at each inspection. Any area determined to be damaged by dull blades will be re-mowed at the Contractor s expense. 4. Edging 4.1. Plant beds (including areas around trees, roadways, sidewalks, pathways, building edges and curbs shall be edged at each mowing All grass clippings must be cleaned into the turf areas or vacuumed off of travel-way surfaces Edging shall be done with metal bladed edger or edging tool; not string-line trimmer Edging work includes edging the perimeters of lakes that coincide with the common areas included in this Contract Lake perimeters shall be edged to keep turf areas inches from the median water level/line surrounding all water bodies. This will greatly assist in maintaining lakes and allowing for the establishment of littoral zone plants surrounding the lakes. 5. Weeding 5.1. All beds and turf areas shall be cleared of all visible weeds a minimum of _1_ time per month Weeds may be removed manually and/or by herbicide treatment. All beds and turf areas must be kept in weed free condition at all times Open ground between plants, sidewalks, roads, driveways, etc. shall be maintained in weed-free condition by chemical or mechanical means as needed and as environmental, horticultural, and weather conditions permit Performance to this specification will be judged after the third month of service in this Contract Herbicides, both pre-emergent and post-emergent, have been observed to negatively affect health and growth of desired plant materials, both herbaceous and woody plants, in beds when proper care is not taken in applications. Care must be taken to choose weed control methods that do not endanger the health of desired plants The use of herbicides is not recommended in all plant beds. Caution must be used by crews depending on the species of plants in the beds and their tolerances for herbicides Any herbicide treatments must be supplied by properly licensed and trained individuals Applicators must hold any necessary current Occupational Licenses and Pest Control licenses and/or Certifications as required by local or State law, rule, or ordinance Any desirable plants damaged or killed due to weed treatments performed by Contractor must be repaired or replaced by Contractor at their expense All beds shall be raked as necessary to clear visible weeds and refresh appearance of beds. It is not necessary to rake out the mulch from beds, but only to disturb it enough to clean out and refresh the appearance in each plant bed and around all tree beds All plants (woody, herbaceous) shall be removed from edges of fences, both wooden and chain link, for a 4 inch distance from fence edge. This space shall be kept clear of plants and shall be bare soil or mulched. Page 31

35 5.10. A performance standard for weed control is set at weeds being less than 2% of any landscape area, turf and plant beds, on total property being maintained. 6. Annuals Planting (Seasonal Color Beds) 6.1. The following annual plant beds shall be maintained with annual flowering plants in season throughout the year- generally are: Entrance plant beds at each Entrance to the community- in median island, at guard house, at main entrance signs. The number of plants (4.5 pots) to be installed shall be determined by the contractor to supply 1 annual plant installed 6 oc per planting Front plant beds (both sides) at the Clubhouse building perimeter beds. The number of plants to be installed shall be determined by the contractor to supply 1 annual plant installed 6 oc per planting Contractor shall provide the proposed number of annual plants per bed with the bid There will be 3 plantings of annuals each year for the locations stated. Quantity included is plants per planting * 3 = plants total Seasonal color plants are to be supplied, planted and maintained (water, fertilizer, pest control, and pruning or pinching as needed) twice annually in October/November and April The locations for the beds are shown on the Site Map (Landscape Locations Map) included with this contract Annuals shall provide 100% cover within three weeks of installation for all beds The number of plants (4.5 pots) to be installed shall be determined by the Contractor to supply 1 annual plant installed 6 oc per planting A list and schedule for annuals to be used, by annual bed locations, shall be provided in first Maintenance Report Owner will review the planned planting schedule and species to be used, make any desired changes, and must approve it at least 5 days prior to any plantings The first planting of annuals must be completed by the 10th of the second month in this Contract. 7. Pruning of Shrubs and Ornamentals 7.1. Pruning shall be done _6_ times per year, or less if specific plants or areas of plants are within 4-6 inches of the maintained height and size, to retain a plant or hedge s shape and to remove dead, dying and diseased branches from plants Sterilization of equipment is required to reduce spread of diseases between shrub planting areas and plants Shrubs, hedges and accent plants (ornamentals) shall be pruned according to their growth patterns and naturally occurring mature sizes Pruning is done to control the size and shape of the plants without excessively removing foliage or pruning too often 7.5. Shrubs and hedges shall be pruned to a shape that provides the top canopy width to be 2/3 of the width of the base canopy for each plant. Hedges shall be maintained to following maximum sizes: Perimeter Hedge- Perimeter berm of community- 6 tall by 4-6 wide at base Corridor roads screening hedge- 8 tall by 4-6 wide at base Clubhouse hedges around building- 2.5 tall by 3 wide at base Page 32

36 Shrub Bed Areas (Ixora, Plumbago, Jasmine, Croton, Hibiscus,, etc.)- prune to maintain width of shrub area or hedge within maintained width of surrounding landscape bed (mulched bed area), with even appearance along sections (not wavy or uneven sides along runs/sections of shrubs). Various widths of landscape beds exist, so Contractor SHALL BE aware of these areas and the required maintenance sizes for each. Height of hedges or shrub beds to be generally at maximum. Locations where hedge is providing privacy and/or screening for adjacent property uses (perimeter berms, tennis court fences, pool area fences, etc.) are to be maintained to maximum height of 8. Contractor SHALL BE aware of all hedges and shrub bed areas, including the required maintenance sizes for each hedge and/or shrub bed area Large Shrub type ornamentals (Jatropha, Ligustrum, Schefflera, Crape Myrtle, Croton, Clereodendron,, etc.)- prune following Training Pruning methods and maintain to maximum height of 12. Pruned large shrubs shall maintain a natural form for each species (not boxed or sheared shapes) Foliage type ornamentals (Dracaena, Yucca, Hawaiian Tie, Philodendron,, etc.)- Prune to remove dead foliage or stems ONLY; maintain to maximum height of 12 by removal of larger stems or Reduction Pruning to keep growth below maximum heights. Removal of stems or branches (not to be cutting or trimming of foliage/leaves) to provide safety clearance for pavement areas or structures is required Palm type ornamentals (Roebellini Palm, Areca Palm, Paurotis Palm,, etc.)- Prune to remove dead fronds ONLY. For clumping type palms, thin our larger stems/trunks to keep maximum height at 16 or lower (by removal of larger stems as they grow/mature), thin new stem growth in multiple stem palm clusters at least 1 time annually to reduce overgrowth and allow for visibility through plants Contractor must follow the national standards for pruning of woody plants that are provided by the American National Standards Institute (ANSI) A-300 Maintenance Standards for Trees and Woody Plants Any die-back, decline, damages, or death of shrubs, ornamental/accent plants, and/or hedges due to Contractor negligence must be repaired or replaced by Contractor at their expense. 8. Pruning of Trees and Palms 8.1. Pruning is performed to reduce the potential for insect/disease problems of trees, by removal of dead and dying limbs, removing hazardous limbs (mainly clearance hazards for travel-ways and structures) and by correcting poor growth habits of trees. It improves both the growing vigor and the long-term survival of trees All pruning to follow ANSI A-300 Standards (named above) The work for this contract involves raising the clearance under trees to 8 feet over walkways (sidewalks, paths), 16 feet over roadways and parking areas, and maintaining a minimum of 1 foot clearance from structures (buildings, signs, poles, etc.) Tree pruning includes the removal of basal sucker growth from the tree trunk and root crown of tree to reduce the poor appearance of stressed trees at each pruning visit No use of climbing spikes or other equipment that is not recommended for use by an ISA Certified Arborist shall be allowed in gaining access or reaching into trees and palms for pruning. Page 33

37 8.6. Any work for tree pruning beyond the clearance pruning included herein requires separate contract Palm pruning in this contract includes the same clearance requirements as trees, and removing all dead or dying palm fronds to 16 feet in height (height of frond base attached to trunk, not overall height of the palm) from the ground (generally using a pole saw or pruner) This is limited to pruning fronds that are at least 1/3 brown, seed heads, and/or fronds that are below a 90 degree angle from the trunk of the palm The palm pruning shall be done with tools that are cleaned between work with each palm to reduce the spread of existing pest and disease problems Pruning of palms in this Contract shall be done at each pruning visit (6 times per year) Any work on taller palms shall be contracted separate from this Contract Any additional tree and palm pruning work may be competitively bid to multiple contractors or be requested from Contractor to be priced and done under separate contract at discretion of Owner. 9. Vine Maintenance 9.1. Training, pruning and tying up of stems to fill out trellises or along fences shall be done _6_ times per year; that is bi-monthly. 10. Mulching Mulch shall be replenished once per year for all landscape beds, fence lines (if Owner decides fence lines to be mulch and not bare soil) and mulched areas of the landscape that do not have the minimum depth and areas of coverage as stated in this Contract This does not require new mulch to be applied in all areas once per year; it requires inspection of mulch beds and addition of mulch where required minimum depths do not exist at least annually Mulching is done to improve moisture retention, provide nutrients, reduce weeds and improve aesthetics for landscape areas Contractor shall maintain a mulch layer approximately 3 inches deep in all plant beds, around trees and palms, and around specimen plants (not to be deeper than 4 depth in any plant beds) Mulch rings around trees, palms, and specimens shall be 3-4 feet in width measured from outside edge of trunks NO MULCH shall be applied or maintained within 6 inches of any tree or palm or ornamental trunk, or within 3 inches of any other plant stem. This is to reduce stem rots, and to follow current BMPs for root growth and water conservation Contractor shall calculate and provide the necessary estimated cubic yards of mulch to install a full coverage of mulch in one application with Bid Sheet All mulching shall be completed by the end of the second month of service in this Contract Owner requires that mulching be priced in two options Option 1 is for using Grade A, non-cypress mulch that is color treated Option 2 is for using a recycled mulch of mixed or single species, but not Cypress trees as the source of the mulch Specific brand and grade of mulch to be used must be provided to Owner with Bid for this Contract. Page 34

38 Owner will determine mulch to be used and will cross out other option at negotiations for Contract with successful Contractor. 11. Fertilization Contractor shall conduct soil testing in the first contract year and every two years thereafter to ensure turf, plants, shrubs, palms and hardwoods are receiving proper nutrients. Contractor will supply copies of test and/or results to the Owner. Fertilizer formulation will be discussed and pre-approved by Owner before any application is made All turf fertilizer applications must be made in accordance with Florida s Urban Turf Fertilization Rule. All employees applying fertilizer must be certified Do not fertilize when heavy rain is expected. Leave a Ring of Responsibility around or along water bodies WHERE NO FERTILIZER IS APPLIED. The Ring of Responsibility should extend at least 10 feet from the edge of the water The use of deflector shields on fertilizer spreaders is required around or along water bodies and impervious surfaces such as sidewalks and roadways Fertilizer distributed on concrete, pavers or asphalt shall be promptly removed. Contractor is responsible for any staining to concrete, asphalt and pool surfaces Turf, trees and shrubs (beds) shall be fertilized four (4) times per year, February, May, August and November Supplemental applications of appropriate nutrients will be applied as indicated by test results or if nutrient deficiencies are observed Florida soils are naturally high in phosphorus; therefore a soil test should be used to determine if this nutrient should be applied. If the soil test indicates that phosphorus application is needed, apply 0.25 pounds of phosphorus per 1,000 square feet, not to exceed 0.50 pounds annually Contractor will supply labels of proposed fertilizer products to the Owner for approval before product is acquired. If label is not approved, a different fertilizer may be required at no cost to the Owner Supplemental fertilization may be required or requested by Owner when specific turf, shrubs, trees and palms show signs of nutritional deficiency or decline Contractor will be responsible for replacement of existing plant material within 30 days after the fertilizer application should plant material become adversely affected Fertilizer Mix Specifications Fertilizer should have a minimum N rating of 8%, maximum P rating of 2%, minimum K rating of 12% and a minimum Mg rating of 4% All fertilizer must have a minimum rating of 100% slow release N & K & Mg All must include a complete minor element package with a minimum iron rating of 3% and iron chelate or other water soluble form is the preferred source Fertilizer must be dropped on site for Owner inspection before application. 12. Pest Control The Owner supports the principles of Integrated Pest Management (IPM) as presented by the Cooperative Extension service offices and IFAS research. All turf, Page 35

39 shrubs, ornamentals, trees and other plants will be scouted on a monthly basis for pests and nutritional problems This is a Pest Scouting to be done by trained and qualified employees each month (or more often when Contractor employees doing regular work items provide observations of damages needing review by Contractor supervision) The Contractor will keep records of the Pest Scouting Reports and provide copies of each monthly Pest Scouting Report to Owner with Monthly Maintenance Report Report will include pests identified, recommended pest control applications or treatments, and cost proposal(s) for recommended applications or treatments (additional notes of landscape problems or deficiencies and corrective measures can also be included) Owner will review Pest Control Proposals and decide for treatments or applications to be authorized. Written authorization by Owner must be provided prior to any additional pest control treatments or applications Pest Control applications or treatments that are included in this Contract or additionally authorized by Owner for all turf, shrubs, ornamentals, trees, palms, and other landscape plants within landscape areas for insect, or disease infestation shall be the responsibility of Contractor Contractor warrants turf, shrubs, ornamentals, trees and other plants THAT ARE INCLUDED IN THIS CONTRACT FOR PEST CONTROL TREATMENTS AND/OR AUTHORIZED FOR ADDITIONAL PEST CONTROL TREATMENTS BY OWNER (treatments or applications proposed by Contractor and approved by Owner) against insect and/or disease infestation (infestation and/or damages from these sources causing permanent damage and health decline, or death, of any landscape plant). Contractor will immediately replace any landscape plants that are permanently damaged or dead due to negligence in this work item Declining plant quality due to Acts of God (causes of damage not under the control or work of Contractor) will be the responsibility of the Owner and shall be repaired or replaced promptly as requested and approved by Owner Pest control is done based on the existence of infestations or disease problems. Upon confirmation of a specific problem requiring treatment, the Contractor will apply management techniques if possible to correct the problem Pesticides should be applied as needed and only in affected spots, whenever possible using the least toxic, effective pesticide All applications of pesticides will be performed when temperatures are appropriate for product selected and wind drift is negligible All Pest Control applications shall be done by a licensed pest control operator Pesticide applications will be made in accordance with the rules and regulations governing use of pesticides in Florida. The Contractor will post alerts and notify pesticide-sensitive persons (if applicable) of the pesticide application. Provide copy of license showing license # and expiration date with Bid Sheet Contractor assumes all related liability for adhering to these regulations Pest control treatments INCLUDED WITHIN the price for this Contract are for fire ants in all landscape areas of property and turf damaging pests The control of these must be part of Contractor regular service visits Control means there will not be more than _5_ fire ant colonies present at any time and less than 2% of any turf areas being affected by turf pests This will begin to be reviewed for performance after _3_ months of service has been provided by Contractor. Page 36

40 12.7. Treatment programs for these pests shall be defined by Contractor and included with Contract. Results of these treatments shall be listed in the Monthly Maintenance Reports of this Contract 13. Irrigation Contractor shall be responsible for the operating condition and the operation of the irrigation systems for all landscape areas included in this Contract Irrigation system maintenance, repairs, upgrades, or new installations shall be done by a licensed irrigation contractor and trained employees The irrigation systems shall be operated to provide watering frequencies sufficient to replace adequate soil moisture levels for healthy plant growth in the rootzone of all planted areas including turf, trees, palms, shrubs, and groundcovers; taking into account the amount of rainfall that has occurred Contractor shall be responsible for controlling the amount of water used for irrigation within the guidelines of any municipal, local, or governmental water restrictions Contractor shall check the system for coverage and settings monthly. This need not be a full Wet Test each month, but does require inspection and review of every zone and total irrigation system to verify full operation for all system components Contractor shall check the system for damages at each mowing and/or maintenance service visit. Heads that are missing or breaks caused by Contractor will be repaired by Contractor with same or similar valued equipment at no additional charge and are included in this Contract A report regarding condition of irrigation system, including any proposals for repairs, upgrades, or recommended changes shall be delivered to Owner by Contractor within Monthly Maintenance Report Contractor must provide written proposals for irrigation work to Owner for consideration No additional irrigation work is contracted without prior written authorized by Owner Irrigation repairs which are made by Contractor, whether due to their negligence or as additional work, must be listed in the monthly Maintenance Reports A copy of an example reporting form for the irrigation system will be provided by Owner to Contractor for their use in this Contract A proposal is due at the end of the first month of start of work, TO INCLUDE WORK FOR TOTAL IRRIGATION SYSTEM TO BE OPERATIONAL IN FULL- for any changes or upgrades or repairs to correct irrigation coverage, water supply issues, and equipment issues. 14. Cleanup Cleanup is done at the end of each service visit All plant beds, turf areas (except for grass clippings disbursed across turf areas from mowing), landscape areas, parking lots, roadways, sidewalks, driveways, play areas, athletic areas, etc. will be cleared of debris, trash, vegetative cuttings, etc. that are in landscape areas, whether produced by, or caused by, the landscape maintenance work done or preexisting, on each day of work being performed by Contractor Contractor will dispose of all cleaned up materials at a legally acceptable landfill or recycling center off site of this property daily. Page 37

41 15. Monitoring, Site Review and Work Audits It is expected that Contractor, by following the Contract Specifications, will complete work in conformance for this contract and all Contract Specifications do provide for all aspects of maintaining the health and appearance of landscape plants on this property Contractor work is reviewed by their Landscape Supervisor and/or company Owner a minimum of once per month, at the end of each month, to assure quality of workmanship and that the job is being done completely This review shall be scheduled with Owner. Owner will choose to attend review with Contractor or not A Monthly Maintenance Report shall be written based on work completed and input of Contractor personnel working on-site of property It shall include a list of services performed that month, any outstanding work items to be done, and additional work items proposed (for pest control, supplemental fertilization, landscape enhancements, irrigation system repairs, etc.) This is to keep Contractor and Owner responsive to the health and the appearance of the landscape on this property The Monthly Maintenance Reports are due in first week of following month, and are required to be delivered to Owner prior to Owner releasing payment for services for the preceding month (suggest providing Report with monthly invoice as procedure) All these Specifications will be enforced by Owner for qualifying work completed Any work that is not in conformance with any of these Specifications is cause for restoration by work or fees by Contractor without additional compensation A Quality Assurance Evaluation by an Earth Advisors, Inc. Consultant may be done upon completion of any contracted work by Contractor, based on Owner s request, at any time during this Contract period (cost paid by Owner) A Landscape Health and Condition Evaluation Report and/or Maintenance Work Audit will be provided by Earth Advisors, Inc. upon Owner request at Owner s expense, based on Contractor not meeting requests to correct or repair or remediate or complete work items determined to be non-conforming or missing by Owner Issues of conformance and/or nonconformance to this Contract by Contractor will be presented and reviewed with Contractor immediately after this Report is reviewed by Owner Items that are nonconforming will be presented with recommendations for remediation/restoration (and costs of damage if applicable) Contractor is expected to successfully complete any remediation and/or repair and/or omitted work items that are recommended If Contractor is unable or unwilling to do the remediation and/or repair and/or omitted work stated in Audit Report successfully under their own management, Contractor will pay the cost of any necessary Earth Advisors Quality Assurance Inspections to verify Contractor repair, restoration, and/or omitted work as a deduction from their monthly billing when it is found that the landscape concerns and/or problems are a result of their work or omission of work. 16. Specific Landscape Areas for Special Consideration and Maintenance All Specifications of this Contract apply to these areas EXCEPT for the exact changes that are described here which conflict with those in the rest of the Specifications: Page 38

42 Natural Areas and/or Preserve Areas- these areas are not maintained within this Contract. Owner may request specific maintenance tasks from weeding to pruning to removals to invasive plants eradication from Contractor as needed to meet ownership and regulatory requirements. This will be additional work done under Work Orders. 17. Work Orders or additional Purchase Orders Work Orders for additional landscape maintenance or landscaping may be presented to Contractor by Owner for their consideration Owner requests a pricing schedule from Contractor for basic billing rates that will be used in pricing this work Labor and supervision for landscape crews, costs for usual or customary landscape repair or restoration work (repairing vehicle ruts, resetting fallen trees, turf installation, etc.) should be listed with Bid Sheet. This information will be used for consideration regarding additional Work Order projects Contractor shall, if interested in the Work Order projects, provide a proposal for such additional work to Owner within 3 days of receiving the Work Order from Owner. 18. Storm Remediation Owner requires a Price List for costs related to storm cleanup, debris removal, landscape repairs, resetting trees, etc This Price List may have different pricing than that for other additional work by Contractor, or it may be the same A guaranteed response time for beginning and continuing storm cleanup and remediation work for this property must be stated and is considered guaranteed as part of the Contract. 19. Payment Terms Contractor shall submit billing for services already provided on or before the last day of each month The Owner shall pay for all services billed and accepted by the end of the month following month service was rendered Payment shall be made by Owner only after Owner, in its reasonable judgment, has determined that the Contractor has fully performed its obligations under this Contract; including providing Monthly Maintenance Report and required information with each Report. 20. Non-Performance In the event of nonperformance with the Specifications contained within this Contract or performance of work not consistent with the minimum standards, the Owner shall have the right to employ another contractor to complete the work and deduct the cost of such services from the moneys due the Contractor This option may be exercised if the Owner has given the Contractor 5 days written Notice (mailed or faxed) of such nonperformance, and Contractor has failed to respond in writing and in action to provide the missing and/or non-compliant work items or services within 2 days of date of Notice. 21. Penalties Page 39

43 21.1. All of the Specifications in this Contract are considered to be requirements of the performance of this Contract The Owner reserves the right to invoke penalties for any nonperformance by the Contractor to the Contractor, unless such nonperformance is agreed to by both parties in writing to be beyond the control and responsibility of the Contractor. 22. Supervision The Contractor will furnish full-time, qualified, on-site supervision (can be working foremen) during any period in which service is being provided in this Contract The on-site Supervisor must be fluent in the English language and able to communicate about services being provided The on-site Supervisor will maintain a minimum communication with the Owner at the start and finish of each day that service is performed on the property The Contractor agrees to enforce strict discipline and good order among their employees, agents and subcontractors and all others carrying out the work in this Contract The Contractor shall not permit employment or retention of any unskilled labor or unfit persons in the tasks necessary for performing the contracted services All appropriate and required safety procedures for the work as identified in this Contract shall be implemented and exercised by Contractor and its employees, agents and subcontractors as part of this Contract. 23. Uniforms Each of Contractor s employees, agents and subcontractors shall be required to wear a uniform identifying themselves as an employee or subcontractor of Contractor. In addition, each individual shall be required to carry personal identification with them at all times. 24. Personnel Contractor will provide all labor, transportation and supervision necessary to perform the work described herein All personnel will be equipped with all supplies, safety equipment, tools, parts and operations equipment to perform work at Contractor s cost Personnel will be qualified for all applicable maintenance functions as assigned and within job descriptions or positions, including but not limited to:bmp certifications, chemical application, driver s license, large equipment operation certification, etc Contractor employees must undergo and pass a criminal background check and drug testing as required within Contractor s Employee Manual and/or procedures Employees shall be subject to random Contractor mandated drug testing Contractor will establish and maintain a Drug Free Workplace policy Contractor shall employ only employees that are legally documented to work in the United States. All documentation must be verified Contractor personnel are perceived as representatives of the Owner while on property, and as such, will conduct themselves in an efficient, well mannered, well groomed, and workmanlike manner at all times Any property damage to any personal or real property caused by the Contractor personnel shall be repaired or replaced immediately at no cost to the Owner Contractor warrants that it will comply with all applicable labor, tax, employer s liability, worker s compensation, employee benefit and retirement laws, as well as Page 40

44 any applicable rules and regulations imposed by governing authorities with jurisdiction for Owner s property and the work within this Contract. 25. Subcontracting The Contractor shall be fully structured as a business to be capable of providing all the necessary services and equipment for following the Contract Specifications and completing all work described. However, subcontracting of certain tasks and responsibilities may be allowed to the extent of no more than 20% of all work being subcontracted, provided that Owner first approves of the subcontracting in writing Any intended subcontracting must be included with Bid Any subcontractor hired by Contractor for this Contract is required to carry insurance coverage as required by Owner for this Contract and such shall be furnished to Owner prior to their working on-site In any event, the subcontractor will be considered by Owner to be an agent of the Contractor and as such shall be considered as being insured by the Contractor. Further, the Contractor will be fully responsible for the subcontractor. The Owner reserves the right to reject or disapprove of any subcontractor. 26. Termination This Contract may be terminated with or without cause, by either party, with 30 days written notice to other party In the event Contract is terminated by Contractor, the Contractor must complete: Fertilization of turf areas, plant beds, shrubs trees and palms within 60 days prior to termination The plant bed maintenance and all specified pruning work shall have been completed within 10 days prior to termination Turf mowing, edging, and cleanup must have been completed within 7 days prior to termination Weeding, irrigation inspection and repairs, mulching, pest control scouting, contracted pest control treatments, and cleanup completed by date of termination Termination is defined as the final date of service shown in termination letter written. In the event that Contractor shall terminate this Contract, any work or services not completed prior to termination date and part of this Contract,including additional services contracted by Owner from Contractor, shall be charged accounted for in any compensation still outstanding due Contractor or a bill to be paid by Contractor to Owner to refund any payments for services not completed. 27. Indemnification Contractor hereby indemnifies and holds the Owner, its directors, officers, members and employees, harmless from any and all liability or damages occasioned as a result of the negligent acts, or omissions, of the Contractor, or any of Contractor s employees, agents, or subcontractors. 28. Litigation In the event of any dispute by and between the parties to this Contract, it is hereby agreed that the prevailing party in any such dispute, whether through the forum of binding arbitration or litigation, shall be entitled to recover its reasonable attorney s Page 41

45 fees and costs from the non-prevailing party. 29. Notice All written notices pursuant to this Contract shall be sent certified mail, return receipt requested, to the last known business address of the other party. Alternatively, hand delivery of written notices shall be acceptable with receipt from an authorized agent on behalf of the respective party. 30. Regulations The Contractor agrees to abide by all applicable local, city, county, State, Federal, laws and regulations affecting their services and industry. 31. Amendments Amendments to Contract must be initialed by both parties. Page 42

46 32. Price The total cost for this contract on an annual basis is $. It will be billed monthly as $ per invoice plus any additional work authorized and completed. Contract Acceptance and Authorizations Signature below accepts the Specifications, Terms and Conditions of this Contract and authorizes all work as stated for the period indicated. All items in this Contract are fairly presented and it is expected that a qualified landscape maintenance contractor does understand and will follow all Specifications as presented and written herein. Respectfully, for Contractor, Authorized Representative Accepted by, for Owner, Authorized Representative Date: / / Date: / / Witnesses: Print Name: Print Name: Witnesses: Print Name: Print Name: -- END OF SPECIFICATIONS -- Earth Advisors, Inc. is an independent tree, landscape and forestry consultant. This firm has no prospective or current interest in the property evaluated or interest/bias with respect to the parties involved. This Document, or parts of this Document, have not been revealed to any party other than the Client named and will not be revealed to any other party unless authorized to do so by Client named or by due process of law or by legally required public testimony by this firm of these results. This Document is written in good faith and is for use by Client named only for project specified only. Any reproduction or re-use of these Specifications, in whole or in part, is strictly prohibited. All rights are reserved by Earth Advisors, Inc. Any additional use of, or modification to, this document must be approved in writing by Earth Advisors, Inc. Page 43

47 LANDSCAPE MAINTENANCE CONTRACT BID SHEET for Walnut Creek Community Development District Annual Total Price for Contract: $ ; Date Bid Due: Price Breakdown for specific work items of interest (these are included in Total Price above): 1. $ ; Mulching Price (3 mulch depth installed for ALL LANDSCAPE BED AND MULCH AREAS OF PROPERTY) for Option 1 type mulch- cubic yards of mulch = 2. $ ; Mulching Price for Option 2 type mulch- cubic yards of mulch = 3. a. $ ; Cost per Mowing (Cut) Common Areas including mowing, edging and cleanup for these items 3.b. $ ; Cost per Mowing (Cut)North Utility Easement Greenspace including mowing, edging and cleanup for these items 4. $ ; Cost per Shrub and Ornamental Pruning (ALL HEDGES, SHRUB BEDS, ORNAMENTALS WITHIN PROPERTY). 5. $ ; Cost per Fertilizer Application 6.$ : Cost per 1 Annuals Planting, 4.5 annuals included. Additional contract cost not covered in above price. Additional contract costs not covered in above prices: $ ; Rut Repair; including re-sodding, grading of rut marks left in swales or other turf areas; price per lineal foot of rut (single track rut). $ ; Re-setting of wind thrown tree; including necessary staking or guying, re-grading of planting area, re-planting of tree roots; price based on average tree height of 25 feet. $ ; Irrigation repair work; for additional repairs outside of this Contract; price per hour for 2 person crew and equipment and tools (not including parts or materials). Other Additional contract cost items noted by Contractor (can be on additional sheets): Additional terms and work items specified by Contractor and not included in Contract Specifications provided (can be included on additional sheets): Attachments (to be stapled to this form): Certificate(s) of Insurance, certifications and/or registrations and/or licenses to be qualified for this work, Resumes of Contractor owner and Supervisors, Occupational License(s) applicable for this community, Equipment List and Crew List for this Contract work, Storm Remediation Price List, Work Order Project Price List. Signed for Contractor, Date: Witness: Print Name: Print Name: Page 44

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49 Earth Advisors, Inc. Serving as Your Information Sources and Technical Experts for Regionally Correct Solutions Arboricultural Health and Condition Evaluation & Maintenance Quality Assurance Program Multiple year project; _ To: Gloria Perez, District Manager Walnut Creek Community Development District This includes approximately 2,000 trees (trees and palms) in common areas of property. This project is for a 5 year time period. The usual Arboricultural Evaluation Project is for 5 years to allow for a multi-year program of maintenance based on the evaluation results. This provides a more complete budget planning time period and better cost controls of this maintenance line item. ANNUAL Scope of Services (Work Items are done each year): Focus of Evaluation: Current tree and palm health conditions, maintenance issues, pest issues, hazards/risks, and nutritional deficiencies as part of this Arboricultural Evaluation. CLIENT MUST PROVIDE PAST ARBORICULTURAL OR TREE MAINTENANCE CONTRACTS FOR REVIEW AS PART OF THIS PROJECT. Earth Advisors, Inc. (800) Page 46

50 This Report includes an Arboricultural Maintenance Bid Package for contracting the work items approved/included by Client to be used for annual maintenance bids. Costs of remedial additional inspections done because contractor does not complete all contracted work as required (after included inspections and contractor review are completed) should be funded by deductions from contractor price (per Bid Package terms and conditions). OPTION: ANNUAL TOTAL PRICE- based on work listed only. OPTION: $20,550 annual price; Items 7-8 are additional if requested Page 47

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53 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT, AUTHORIZING THE ESTABLISHMENT OF A DISTRICT CHECKING/OPERATING ACCOUNT, DESIGNATING DISTRICT OFFICIALS AND/OR AUTHORIZED STAFF TO REVIEW, APPROVE AND ISSUE PAYMENT OF EXPENDITURES, SELECTING THE SIGNATORIES THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Walnut Creek Community Development District ("District") has established a District checking/operating account in order for the District to expend public funds of the District as authorized and required; and WHEREAS, the Board of Supervisors (the Board ) of the District shall designate authorized staff and/or District officials to approve expenditures, via electronic or non-electronic approval processes, from the checking/operating account; WHEREAS, the Board of the District has selected Todd Wodraska, Jason Pierman, Patricia LasCasas, Lennart Lindahl, Gloria Perez and to serve as the signatories, as required, on the District checking/operating account; and WHEREAS, all resolutions or parts thereof of the District in conflict with the provisions contained herein are to the extent of any such conflict, hereby superseded and repealed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. Each expenditure from the checking/operating account will require a minimum of two (2) approvals and a designated member of the Board, by an electronic approval procedure, will have an opportunity to review the District s expenditure(s) prior to release of payment(s). Section 3. When necessary to write checks, the signatures of two (2) of the designated signatories named herein will be required on all District checks tendered from the District checking/operating account, as approved. PASSED, ADOPTED and becomes EFFECTIVE this 3 rd day of April, ATTEST: WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 50

54 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2018/2019; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors ( Board ) of the Walnut Creek Community Development District ( District ) is required by Chapter , Florida Statutes, to approve a Proposed Budget for each fiscal year; and, WHEREAS, the Proposed Budget including the Assessments for Fiscal Year 2018/2019 has been prepared and considered by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT THAT: Section 1. The Proposed Budget including the Assessments for Fiscal Year 2018/2019 attached hereto as Exhibit A is approved and adopted. Section 2. A Public Hearing is hereby scheduled for June 5, 2018 at 6:00 p.m. in the Walnut Creek Clubhouse, 7500 NW 20 th Street, Pembroke Pines, Florida 33024, for the purpose of receiving public comments on the Proposed Fiscal Year 2018/2019 Budget. PASSED, ADOPTED and EFFECTIVE this 3 rd day of April, ATTEST: WALNUT CREEK COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairman/Vice Chairman Page 51

55 Walnut Creek Community Development District Proposed Budget For Fiscal Year 2018/2019 October 1, September 30, 2019 Page 52

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64 WALNUT CREEK COMMUNITY South Florida Water Management District ATTN: Water Usage Regulation District (4320) PO BOX West Palm Beach, Fl Permit Number: W Issued to Walnut Creek Community Development District 2018 Monthly Meter Readings Mainguy Landscape Services Location Jan 2018 Feb 2018 Mar 2018 Apr 2018 May 2018 Jun 2018 Jul 2018 Aug 2018 Sep 2018 Oct 2018 Nov 2018 Dec 2018 Pool area * Well C ID# ,345,000 31,735,600 Taft Area * Well D ID# ,623,200 15,478,100 Sheridan * Well J ID# ,145,041 59,312,620 * Denotes pumps controlled by the CDD. All other pumps controlled by the HOA. 1 Page 61

65 WALNUT CREEK COMMUNITY South Florida Water Management District ATTN: Water Usage Regulation District (4320) PO BOX West Palm Beach, Fl Permit Number: W Issued to Walnut Creek Community Development District 2018 Monthly Meter Readings Mainguy Landscape Services Location Jan 2018 Feb 2018 Mar 2018 Apr 2018 May 2018 Jun 2018 Jul 2018 Aug 2018 Sep 2018 Oct 2018 Nov 2018 Dec 2018 Maple Grove Well E 84,438,780 85,478,760 Maple Glen Well F 43,235,550 46,032,980 Willow Reach Well G 8,867,680 8,915,140 Mahogany Bend Well H 22,690,590 24,039,540 2 Page 62

66 WALNUT CREEK COMMUNITY South Florida Water Management District ATTN: Water Usage Regulation District (4320) PO BOX West Palm Beach, Fl Permit Number: W Issued to Walnut Creek Community Development District 2018 Monthly Meter Readings Mainguy Landscape Services Location Jan 2018 Feb 2018 Mar 2018 Apr 2018 May 2018 Jun 2018 Jul 2018 Aug 2018 Sep 2018 Oct 2018 Nov 2018 Dec 2018 Swimming Pool & CH Well B 86,793,740 88,202,000 Model Homes Well I 19,615,426 (Bad Meter) 19,615,426 Palm Brook Well A 2,160,390 2,346,190 3 Page 63

67 WALNUT CREEK COMMUNITY South Florida Water Management District ATTN: Water Usage Regulation District (4320) PO BOX West Palm Beach, FL Location Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Palm Brook Well A 2,160,390 2,346,190 Swimming Pool & CH Well B 86,793,740 88,202,000 Pool Area * Well C ID# ,345,000 31,735,600 Taft Area * Well D ID# ,623,200 15,478,100 Maple Grove Well E 84,438,780 85,478,760 Maple Glen Well F 43,235,550 46,032,980 Willow Reach Well G 8,867,680 8,915,140 Mahogany Bend Well H 22,690,590 24,039,540 Model Homes Well I 19,615,426 19,615,426 Sheridan * Well J ID# ,145,041 59,312,620 Permit Number: W Issued to Walnut Creek Community Development District 2018 Monthly Meter Readings Mainguy Landscpae Services * Denotes pumps controlled by the CDD. All other pumps controlled by the HOA. bad meter \\cas-depot\projects\districts\walnut_creek_community_dev\ cp-general\sfwmd_water_use\walnutcreekcdd-montlymeterreading 2018 Page Montly Meter 64Readings

68 Walnut Creek Water Usage Data 2018 (Million Gallons) Permit: W Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Total Pump A Pump B Well C Pump D Pump E Pump F Pump G Pump H Pump I Pump J Total Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Total Optimal Monthly Maximum Water Usage Actual Monthly Water Water Usage Percentage of Maximum Used 133% 186% 186% Percent Difference 33% 86% 86% Drought Irrigation (Given) Rolling 12-month usage (144.2MG) Maximum Month (20.5MG) =bad meter NOTE: Pumps A, G & H new meters installed January January Monthly Water Usage based on average of January 2013 through 2016 for Pump A, G & H. NOTE: Consumption from the period of June 1, 2017 to July 31st is split equally per R Mainguy. \\cas-depot\projects\districts\walnut_creek_community_dev\ cp-general\sfwmd_water_use\walnutcreekcdd-montlymeterreading Page Summary

69 March 26, 2018 Walnut Creek Community Development District C/O Special District Services, Inc. 2501A Burns Road Palm Beach, FL JOB NAME: Walnut Creek Chain Link Fence Repair Proposal We hereby propose to furnish labor and materials necessary for the completion of: Replacing approximately 20 Feet of damaged chain link fence at NW 72 Ave & Lee Street Total: $ Eddy Michael Gil Vice President Royal Plastering Corp. Page 66