MONTECITO COMMUNITY DEVELOPMENT
DISTRICT

BREVARD COUNTY Regular Board Meeting December 13, 2023
9:30 A.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

www.montecitocdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA MONTECITO
COMMUNITY DEVELOPMENT DISTRICT
Montecito Beach Club 208 Montecito Drive
Satellite Beach, Florida 32937
REGULAR BOARD MEETING
ZOOM LINK: HTTPS://US02WEB.ZOOM.US/J/3341025012 CALL IN: (305) 224 1968 MEETING ID: 334 102 5012
December 13, 2023
9:30 A.M.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments From the Public Related to Agenda Items (Limited to 3 Minutes per Person)
Approval of Consent Agenda
November 8, 2023 Regular Board Meeting Minutes…	Page 2
Landscape and Irrigation Report
ProGreen…	Page 9
Old Business
Status of Rock Installation by Vue Fence – 50% Cost Share Offer
Status of Consumptive Use Permit (CUP) Compliance
Status of Parcel Conveyance – Final 11 Parcels from Montecito CDD Holdings
Discussion Regarding Aquatic Maintenance…	Page 12
Consider Proposals for Replacement of 400 amp Panel Board…	Page 38
Discussion Regarding Resolution No. 2023-06 – Providing District Manager with Limited Discretionary Spending Authority…	Page 42
New Business
Consider Approval of First Amendment to Landscape/Grounds Maintenance Services Agreement…	Page 45
Consider Acceptance of Donation of Clubhouse Kitchen Appliances…	Page 49
Consider Resolution No. 2023-22 – Declaring Surplus (Kitchen Appliances)…	Page 55
Discussion of Budget and Expenditure Process…	Page 58
Discussion of CDD Website Homepage
Discussion of Vesta Ticketing System
Discussion of Pond Debris/Trash
General Manager’s Report and Related Business Items
General Manager’s Report…	Page 59

Homeowner Request
Supervisor Request
Ad​ministrative Maters
1.  Legal Report
2.  Engineer Report
3.  Managers Report
a.  Financials…	Page 64
Bo​ard Member Requests
Co​mments From the Audience
An​nouncement of Next Scheduled Board Meeting
Ad​journ

A GANNETT COMPANY

MONTECITO COMMUNITY DEVELOPMEN 2501 BURNS RD STE A

PALM BEACH GARDENS, FL, 33410

STATE OF WISCONSIN COUNTY OF BROWN:
Before the undersigned authority personally appeared said legal clerk, who on oath says that he or she is a Legal Advertising Representative of the FLORIDA TODAY , a daily newspaper published in Brevard County, Florida that the attached copy of advertisement, being a Legal Ad in the matter of

Notice of Meetings

as published in FLORIDA TODAY in the issue(s) dated: or by publication on the newspaper's website, if authorized, on

09/29/2023

Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida and that the said newspaper has heretofore been continuously published in said Brevard County, Florida each day and has
been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or
she has never paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.

Sworn to and Subscribed before me this 29th of September 2023, by legal clerk who is personally known to me
,	--..:

Affiant

Notary

AMY	KOKOTT
Notary Public State of Wisconsin

My commission	pires Publication Cost: $256.89 Ad No: 0005835202
Customer No: BRE-0000002006
This is not an invoice
# of Affidavits 1

AdiS83Sl02	09/2912023 BOARD OF SUPfRV ORS'
MEETING DATES MONTEOTO COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 202312024
The Board of Supervisors of the Montedto Community Development District (the District) will hold their reg u!ar l'!'J?etirv;s for fiscal ye3r 2023/2024 at 9:30 a.m. at Wntecito Beac.h Club,
203 Montecito Dri\le, Satellite Beach, Florida 32937, on the following dates:
October 11, 2023
November 8, 2023
December 13, 2023 January10,2024 February 14, 1024
March 13, 2024
AprH 10, 2024
May B, 2024
Jun, 12, 2024
July 10, 2024
August 14, 2024
September 11, 2024
The meetings are open to the public and will be conductc.<f in accordance with the pro1JiSiOf1 of Florida law for com­ munity dCNelopment districts. The meet• ings may be continued to a date, time, and place to be specified on the record ti/ ;:t70it, g f !Y : tained from the District's website at
!'{imQnt i!9fq_g.()rg or by contacting the District Manager at 1·877-737-4922 five (5} days prior to the date of the par· ticular met'1ing.
There may be co: i0f1S \>Alen one or
,; r;! 0RJr ::/\i11 r:i :a the Americans with Disabi!ili Act, any person requiring dal accommoda• tions at thi me€ting because of a disa-
!Y11 !b ftj Ibf/k r:e& ; 631t492i at !ea<i,t 48 hours prior to the m tin . If you are head or ch  impaired,
ed !n i i1, o = s f11 ;f
/ 1-800-955-8770 (Voice), for aid in con• ta<:ting the District Office.
Any person who dl!Odes to appeal any decision made at the meeting ,"!'1th re• spect to any matter consid1nd at the
: a	1	i  v	i

r:cid

i Z· a r :n	0if h o
ei \ ;,:e	tl\	;
is to be based.
Meetings may be callCeHed from time to
time without advertist'd notice.
Distrkt Ja cr
MOlffECITO COMMUPlll'I DEVELOPMENT DISTRICT
www.montecitocdti.org

MONTECITO COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING MINUTES
NOVEMBER 8, 2023

CALL TO ORDER

The Regular Board Meeting of the Montecito Community Development District (the “District”) was called to order at 9:30 a.m. at 208 Montecito Drive, Satellite Beach, Florida 32937.

PROOF OF PUBLICATION

Proof of publication was presented which showed that notice of the Regular Board Meeting had been published in Florida Today on September 29, 2023, as part of the District’s Fiscal Year 2023/2024 Meeting Schedule, as legally required.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance: Catherine LeCesne, Ed Henson, Tanja Glynn, Richard Wellman and Eric Smith.
Also in attendance were District Manager Frank Sakuma of Special District Services, Inc.; Attorney Michael Pawelczyk of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; and General Manager Denisse Grimm of Vesta Property Services.

ADDITIONS OR DELETIONS TO THE AGENDA

Mr. Sakuma asked for the following items to be added to the agenda:

Landscape Meeting Notes – Ed Henson;
Florida Door Control of Orlando: preventive maintenance proposal $1,142.00;
Florida Door Control of Orlando: gate renovations $14,785.72;
Complete Air & Heat: annual maintenance proposal: $1,780.00.

There were no further additions or deletions to the agenda.

A motion was made by Ms. LeCesne, seconded by Mr. Henson and passed unanimously adopting the agenda as amended.

COMMENTS FROM THE PUBLIC RELATED TO AGENDA ITEMS

Ms. Janice Beasley asked for the Board to waive the application fees for use of the amenity center during a December 10th community event. After discussion, Board consensus was to consider these types of requests on a case-by-case basis.

A motion was made by Mr. Wellman, seconded by Mr. Smith and passed unanimously waiving the room rental fees for the December 10th community event. The applicant was advised the application form was still necessary, and that no alcohol would be allowed at the event.

A Homeowner Request by Ms. Barbara Fowle was then considered at Board direction.

c. 136 Clemente – Request Removal of White Birds of Paradise from in Front of Their Home in CDD Area

Ms. Barbara Fowle asked for Board consideration to allow her to have trimmed, at her expense, a bird of paradise plant located on District property. After Board discussion, a motion was made by Mr. Henson, seconded by Ms. LeCesne and passed unanimously directing ProGreen to 1) trim the bird of paradise plant at 136 Clement; and 2) to evaluate and then bring back a recommendation to the Board for trimming all bird of paradise plants on District property.

Mr. Mark Nehiba commented on the issues of electric bikes travelling dangerously within the community, and the pedestrian gate repairs. Staff reported the gate repairs should be completed in the next several weeks. Board consensus was to have the District Engineer made aware of the traffic concerns and offer suggestions.

Ms. Carol Wellman complained about dirt bikes travelling on the sidewalks. Mr. Pawelczyk advised individuals to call 911 for any violations of the law.

Ms. Betsy Vincent asked about the proposed rocks along Carlsbad Drive; areas of brown and dying grass within common areas; and is pleased with the ongoing communication between the District and its residents and hopes it will continue.

Mr. Sakuma updated those in attendance with his efforts at asking the adjacent developer to the east to cost share in the rocks along Carlsbad Drive (Status of Rock Installation by Vue Fence). He hopes to have an answer for the Board by the next meeting.

Ms. Carol Wellman asked if the Board would have staff put up the Christmas tree with lights in advance of the December 6th decorating event. After Board discussion, a motion was made by Ms. LeCesne, seconded by Mr. Smith and passed unanimously to have the December 6th holiday decorating of the clubhouse coordinated with the General Manager.

APPROVAL OF CONSENT AGENDA

1. October 11, 2023, Regular Board Meeting Minutes

A motion was made by Ms. Glynn, seconded by Ms. LeCesne and passed unanimously approving all items under Consent Agenda.

LANDSCAPE & IRRIGATION REPORTS

1.  ProGreen

Mr. Sakuma announced the report was included in the Board package and Mr. Kahue from ProGreen was in the audience to answer questions. Mr. Kahue answered several Board questions related to the irrigation system; wet checks; and fertilizer. Mr. Henson advised that the handout to Board members included elements of his meeting with ProGreen and Ms. Grimm.

OLD BUSINESS

Status of Rock Installation by Vue Fence

This update was provided during Public Comments.

Status of Consumptive Use Permit (CUP) Compliance

Mr. Sakuma advised the new District Engineer had been working with Insight (vendor) in handing off the CUP compliance to the Engineer. He advised of the several items which need to be addressed as well as the upcoming renewal of the CUP in 2026.

Status of Parcel Conveyances

Mr. Pawelczyk provided the Board with an update on his work with the District Engineer on parcels which need to be transferred to the District.

NEW BUSINESS

Consider Approval of Electronic Box Repair

Ms. Grimm explained the location of the boxes and the need for their repair. A motion was made by Ms. LeCesne, seconded by Mr. Wellman and unanimously passed approving the repair of the two electronic boxes by Luke’s Handyman and Window Cleaning in the amount of $1,750.00.

Discussion of the Montecito Irrigation Analysis 2023

After Board discussion of the irrigation analysis, a motion was made by Ms. LeCesne, seconded by Mr. Smith and unanimously passed accepting the Montecito Irrigation Analysis prepared by Insight, as set forth in the agenda.

Discussion Regarding Aquatic Maintenance

Mr. Sakuma advised of his call with a reference for Solitude. After Board discussion, staff was directed to bring the proposals and any further reference checks to a future meeting for consideration.

Consider Resolution 2023-21 Adopting Fiscal Year 2023/2023 Amended Budget

Mr. Sakuma presented Resolution 2023-21 entitled:

RESOLUTION NO. 2023-21

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MONTECITO COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2022/2023 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

Mr. Sakuma read the title of the resolution into the record and stated the District had 60 days from the end of the fiscal year to make any budget amendments. After Board discussion, a motion was made by

Mr. Wellman, seconded by Mr. Smith and unanimously passed approving and adopting Resolution No. 2023-21, as presented.

Memo of Landscape & Irrigation Meeting - Mr. Henson

Mr. Sakuma advised the Board of the handout distributed during the meeting. Those items were covered under the Landscape & Irrigation Report.

FDC Quarterly Preventive Maintenance Repairs Proposal

Ms. Grimm explained the elements of the proposal from FDC and asked the Board if they had any questions about the maintenance required for the gates. A motion was made by Mr. Wellman, seconded by Mr. Smith and unanimously passed approving the FDC quarterly preventive maintenance repairs proposal for $1,142.00.

FDC Pedestal and Geometry Corrections Proposal

Ms. Grimm explained the history of the prior Board’s approval of renovating the gates with the intent of saving the planters adjacent to the gates. The initial work would have destroyed the planters. FDC has provided another proposal to make repairs and then “raise the arms” over the planters for a cost of
$14,785.72. After Board discussion, the District Engineer was tasked with reviewing the gates and making a recommendation to the Board.

Complete Air & Heat – Quarterly Maintenance Proposal

Ms. Grimm advised the Board of staff recommendation to seek another air conditioner repair service. After discussion and review of the quote, the Board agreed to change vendors with a clarification of the “quantity” noted on the quote to reflect the cost was for all four visits. A motion was made by Mr. Wellman, seconded by Mr. Smith and unanimously passed approving the proposal from Complete Air & Heat, once corrected as to “quantity”.

GENERAL MANAGER’S REPORT AND RELATED BUSINESS ITEMS

General Manager’s Report

Ms. Lea Stokes of Vesta Property Services notified the Board that Ms. Grimm would be expanding her role at Vesta and would be replaced by Ms. Dawn McCray. They would both be working together for the next 30 days for the transition. The Board thanked Ms. Grimm for her service and welcomed Ms. McCray, who was in attendance.

Ms. Grimm highlighted several items covered in the General Manager’s Report and then moved on to Related Business Items.

Consider Approval of Priority Replacement of Electrical Panel at Pump Station 2

The Board directed staff to obtain additional quotes for this work, and then to go with the lowest quote.

Consider Approval to Purchase Clubhouse Controller

After Board discussion, a motion was made by Mr. Smith, seconded by Mr. Wellman and unanimously passed approving the purchase and installation of the Clubhouse Controller for $6,900.00.

Consider Approval to Install Black Metal Edging
After Board discussion, no motion was offered on this item. Staff was directed not to bring this item forward to a future meeting unless further directed by the Board.

Consider Approval to Replace Shrubs in Park Area

After Board discussion, a motion was made by Mr. Wellman, seconded by Mr. Henson and unanimously passed approving the replacement of shrubs in the park area with Gold Mound and Crotons for
$1,100.00.

Homeowner Requests

93 Montecito – Request Sod Installed at 5 Foot Section of CDD Area Behind Townhomes at Shearwater Wall

Ms. Deems asked for Board assistance in addressing the dead sod behind her townhome. Mr. Kahoe explained why that area requires “shade tolerant” vegetation due to both the wall and maturing trees. The Board directed the District Engineer and Attorney to determine ownership of that section along the wall in order to help inform possible landscape solutions to the area. Mr. Kahoe offered to come back to the Board with some options to consider.

629 Monterey – Request Removal of Muhly Grass on Shoreline of Pond and Replaced with Grass to not Obstruct his View of the Water

The homeowner was not present to discuss this item. The Board consensus was not to remove the Muhly Grass, as it was scheduled for trimming and more importantly, helps with shoreline stabilization.

136 Clemente – Request Removal of White Birds of Paradise from in Front of Their Home in CDD Areas

This item was addressed under Public Comment

Supervisor Requests

Henson – Request Change of Bush Heights in Landscape Agreement to (6 Feet In Privacy Areas – Backs of Homes) and Windowsill Height Along all Sides of the Townhomes.

Mr. Henson asked for Board consideration of changing the height of shrubs in the Landscape Contract to address privacy concerns. Staff was directed to work with the Attorney and bring an amendment to the contract to the next meeting.

Henson – Request CDD Work with HOA to Ensure Both Governing Rules Match Regarding Bush Heights and Landscaping Requirements

This was addressed in the prior item “a.” above.

Henson – Request to Have Palms on Carlsbad Mulched

Mr. Henson advised the palms on Carlsbad may have had mulch circles at one time in the past and asked if the Board wanted to create mulch circles around the palms, or just let the grass grow. Board consensus was to allow grass to grow, not to mulch.

Henson – Request Board Consider Soil Samples in Areas Like Ventura that Have Always Struggled

Mr. Henson advised the Board that soil samples from struggling areas would be helpful in maintaining the landscaping. Mr. Kahoe confirmed his team would conduct samples at no additional cost to the District.

Henson – Request Board Consider Removal of 4 Trees on Montecito by Mailboxes
and Carlsbad that Seem to Struggle and Fall Over and replace with a New Type of Tree. Silver Button does well

Mr. Kahoe advised there were about five trees which should be replaced with Silver Button trees or Crepe Myrtle. After Board discussion, Mr. Kahoe was directed to confirm with the City of Satellite Beach as to the ability to remove the trees in question and just replace them with sod.

Wellman – Request to Have the “No Construction Vehicles” Sign Removed

Staff was directed to have the sign in question removed.

ADMINISTRATIVE MATTERS

Legal Report
Mr. Pawelczyk had nothing further for the Board.
General Manager
Ms. Stokes asked for Board permission to set the General Manager hours from 9:00 a.m. to 5:00 p.m. The Board agreed.

Engineer Report
No additional information was provided to the Board.
Manager Report
Mr. Sakuma noted the Financial Report was included in the report and asked for guidance on where to include the report on future agendas. He was directed to continue to have financials provided at the end of the agenda. He also advised of progress with the IRS and that payroll should be run by end of November.

BOARD MEMBER REQUESTS

LeCesne – Change Order Requests
Ms. LeCesne asked for consideration of change orders when making adjustments and changes to cost elements of budget line items in order to better track those changes.

LeCesne – Donations to District
Ms. LeCesne asked if the District could accept donations, for instance appliances. Mr. Pawelczyk advised the District could accept donations and explained the process which would accommodate such a donation. After further discussion, a motion was made by Mr. Smith, seconded by Ms. Glynn and unanimously passed authorizing Mr. Henson to inspect the items for donation, and if acceptable, notify the District Manager so a resolution may be brought forward to surplus the equipment to be replaced.

Glynn – District Email
Ms. Glynn asked for assistance in making sure her District e-mail was being forwarded to her private e- mail. Mr. Sakuma offered to assist in that confirmation.

COMMENTS FROM THE AUDIENCE

“Glossy vs. Not Glossy” & “Cream vs. Yellow”
Ms. Grimm provided sign examples to the Board to determine and asked if the signs should be “glossy” or “not glossy”. Board consensus was for the “not glossy” signs. Also, the Board advised staff to use the “cream with black writing” version of the signs.

ANNOUNCEMENT OF NEXT SCHEDULED BOARD MEETING

Mr. Sakuma announced the next scheduled meeting would be held December 13, 2023.

ADJOURN

There being no further business to come before the Board, Chairperson LeCesne adjourned the meeting at 12:20 p.m. without objection.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

Date: 11/30/23

Montecito CDD Monthly Executive Summary - ProGreen Services

Completed Projects:

Weekly:

Met with Denisse and Ed weekly to complete landscaping inspections.

Daily Task:

11/1/23 - Took soil samples from the verge and easement areas per the boards request.

11/2/23 - Resubmitted the tree risk assessments to the City of Satellite Beach per their request regarding the Poinciana trees.

11/7/23 - A leak was reported at the Club House pump station #2 in the filter area. We were notified along with Insight and Hoover. Hoover completed the repaired on 11/10/23.

11/8/23 - Completed the new well install at the west pump station. We tested the system and determined the meter wasn't working. Stef Matthes and Insight have been notified of the issue and we are anticipating them to complete the final phase of replacing or repairing the meter for certification.

11/13/23 - 11/15/23 - Wet checks completed

11/15/23 - Denisse and I Coordinated with the City of Satellite Beach regarding the 4 trees along the east side townhome section of Montecito. These trees were heavily swaying during the last high wind event and 2 of them are leaning significantly. We are working on recommendations for the board to try and restore these trees and promote long term success for them.

11/17/23 - Completed the Jasmine installs along the verge areas in the townhome sections.

11/18/23 - Completed the removal of the Bird of Paradise section that were approved at the October board meeting at 134 Clemente. Additional Bird of Paradise assessments will be provided to the board by the Dec. 13 meeting.

11/30/23 and 12/1/23 - Completed the Sod installs along the verge areas in the townhome and single-family sections. Coordinated with Insight for additional watering request for these areas. They are scheduled for a two-week additional water schedule currently.

11/30/23 - Met Dawn McCray the new Montecito General Manager.

11/30/23 - Met with Shane Martin - Arborist City of Satellite Beach along with Mike Diemer - Arborist and Denisse Grim - General Manager Montecito. We reviewed the Poinciana Tree risk assessments that were presented to the city. Shane is going to present his findings back to the City of Satellite Beach. Shane is also going to provide ProGreen Services with a new recommended tree list the city is working to develop as a part of their new tree grant program. This way the replacement trees will be following the new city program.

Current Irrigation Map: 12/1/23

Maintenance Service Schedule:
Service date for December is on Wednesday and Thursdays. We are on our off-season schedule of service every other week.
Mowing Schedule for December - 6&7, and 20&22. Subject to change depending on weather.
Detail and Enhancement Schedule - 13-15- Mulch / Rock / Ornamental Grass Trimming
Bed Weed Treat areas as necessary.

Montecito - CDD Upcoming Enhancement Estimates
Bird of Paradise recommendations for the Townhomes section

CDD Easement turf replacement areas along the south / east wall of the Townhomes sections Pending - Install Rock along the Vue fence on Carlsbad

Item	Solitude
Ponds / fountains	Crosscreek
Ponds /
Fountains	Cascade
Fountain only	Ecor
Ponds only		

Inspection Items Solitude only	

Fountain Service Solitude only	
Visual nspections (see list}	Yes	No	No	No				
Monthly aquatic weed control	Yes	Yes	No	Yes		tater levels	 mp test on motor	
Monthly shoreline weed control	Yes	Yes	No	No		Clarity/quality	Check voltage incoming/outgoing	
Trash removal	Yes	Yes	No	Yes		Turbidity	Test motor 'FC 	
tater quality testing (annual}	Yes	Yes	No	No		Beneficial aquatic vegitation	Test Contactor	
Monthly lgae control	Yes	Yes	No	Yes		Nuisance vegitation	Test motor overload	
Fountain Service Ͳ Yuarterly	Yes	Yes	Yes	No		 lgae	Check fuses	
 etailed service reports each visit	Yes	No	No	No		Pipes, inlets dams spillways, tracks trash	Check wires, breakers electronics	
						Erosion	Check timer/adjust as needed	
Testing costs				$ 2,600.00		Shoreline stabliǌation	Test lighting/breaker	
	$ 14,640.00	$	7,140.00	$  1,920.00	$ 6,360.00	$ 10,880.00	Swales, outflowing/inflowing	Check lighting timer/adjust	
						Vegitated Buffers	Perform diagnostic as needed on all parts.	
>abor rate repairs	$	130.00	$	1ϱ0.00	$	1ϱ0.00			Sedimintation		
 iagnostic Fee		$	2ϱ0.00				 nimal activity		
						Fish habitat		
						Mosquito breeding conditions		
						Trash/debris		

Solitude Lake Management LLC

Reference check: Tortoise Island (name: Debbie )

What services? Just aquatics.

How long? Several years, bought out prior vendor.

Satisfied? Yes.

Reference check: Fern Meadow HOA (Craig Curtis – left message 12:37pm 11/7)

What services?

How long?

Satisfied?

AQUATICS MAINTENANCE SERVICES AGREEMENT

THIS AQUATICS MAINTENANCE SERVICES AGREEMENT (the "Agreement"),
made and entered into this _	day of ----- 2023 (the "Effective Date"), by and between:

MONTECITO COMMUNITY DEVELOPMENT DISTRICT,
a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, located in City of Satellite Beach, Brevard County, Florida, and with offices at 2501A Burns Road, Palm Beach Gardens, Palm Beach Gardens, Florida 33410 (the "District"),

and

SOLITUDE LAKE MANAGEMENT, LLC, a foreign limited liability company authorized to do business in the State of Florida, whose principal address is 5869 Enterprise Parkway, Fort Myers, Florida 33905, and whose corporate mailing address is 1320 Brookwood Drive, Suite H, Little Rock, Arkansas 72202 (the "Contractor"). ''

RECITALS

WHEREAS, the District is a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the District owns and/or is responsible for maintaining six (6) lakes (the "Maintenance Areas"); and

WHEREAS, the District has a need to retain an independent contractor to furnish aquatic and maintenance services to the aforementioned lalces located within the boundaries of the District, including, but not limited to, aquatics maintenance services, all as more particularly shown in Contractor's proposal, a copy of which are attached hereto and made a part hereof as Exhibit A (the "Proposal"); and

WHEREAS, Contractor represents that it 1s qualified to provide lake and aquatic maintenance services to the District; and

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that Contractor is retained, authorized, and instructed by the District to perform in accordance with the following covenants and conditions, which both the District and the Contractor have agreed upon:

SECTION 1.	RECITALS. The recitals stated above are true and correct and by this reference are incorporated as material parts of this Agreement.

1
Lnke Maintenance Agreement - Montecito CDD
Rev, 10.17.2023

SECTION 2.	SERVICES.

Contractor shall furnish all labor, materials, superv1s10n, equipment, supplies, tools, services, and all other necessary incidental things required to perform complete, high quality maintenance of the lakes and aquatic Maintenance Areas of the District in accordance with this Agreement and the Proposal (which services are collectively described as the "\York").

The Work shall include, but not be limited to, monthly lake maintenance and quarterly fountain maintenance for the Maintenance Areas. The duties, obligations, and responsibilities of the Contractor are to conduct monthly inspections and service reporting, and provide the following treatments as needed in accordance with the Proposal:

Aquatic weed control;
Shoreline weed control;
Trash removal;
Water quality monitoring;
Pond algae control; and
Fountain maintenance service.

Contractor shall be solely responsible for the means, manner, and methods by which its duties, obligations, and responsibilities are met to the satisfaction of the District.

In providing the Work identified in this Agreement, Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the Work.

Contractor, by and through the submission of its Proposal, agrees that it shall be held responsible for having therefore examined the site(s), including existing nuisance and non­ nuisance aquatic vegetation, the location of all proposed Work, and for having satisfied himself from his own personal knowledge and experience or professional advice as to the character, condition, location of the site, the nature of the lakes and aquatics areas, and any other conditions surrounding and affecting the Work, the floating fountains, and any physical characteristics of the job, in order that all costs pertaining to the Work have been included in the compensation set forth herein.

Contractor shall regularly notify the District Manager of the District or his or her designee via email or as otherwise approved by the District Manager of the time and dates when services are scheduled to be performed and after such service has been performed. Immediately (within one (1) business day), Contractor shall prepare and deliver to the District Manager or his or her designee via email reports detailing work performed during each services visit or other visit to the District pursuant to this Agreement.

Before starting work, Contractor shall designate a competent, authorized representative acceptable to District to represent and act for Contractor and shall inform District in writing, of the name and address of such representative together with a clear definition of the

2
Lake Maintenance Agreement - Montocito CDD

scope of his or her authority to represent and act for Contractor and shall specify any and all limitations of such authority. All notices, determinations, instructions and other communications given to the authorized representatives of the Contractor shall be binding upon Contractor. Nothing contained herein shall be construed as modifying the Contractor's duty of supervision and fiscal management as provided for by Florida law.

The District designates the District Manager who will have limited authority to act for the District in accordance with the terms of this Agreement. Upon request of the Contractor, the District will notify the Contractor in writing of the name of such representative(s). Any work performed by the Contractor without proper written authorization from the District Manager is pe1fonned at the Contractor1s risk, and the District shall have no obligation to compensate the Contractor for such work.

The terms and conditions of the Proposal are incorporated into and made a part of this Agreement. Further, as the District is a local governmental entity subject to Florida's Public Records Law, the Contractor acknowledges and agrees that the footer at the bottom of each page of the Proposal regarding "Competitively Sensitive & Proprietary Materials" is not applicable and is removed from this Agreement.

SECTION 3.   MANNER OF CONTRACTOR PERFORMANCE.

Contractor agrees, as an independent contractor, to undertalce and perform the Work specified in this Agreement, as amended from time to time, or in any authorized work order by the District issued in connection with this Agreement and accepted by Contractor.

All Work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be performed in accordance with industry standards in Brevard County, Florida. All Work performed by Contractor under and related to this Agreement shall conform to any written instructions issued by the District.

Should any Work and/or services be required which are not specified in this Agreement or any amendment thereto, but which are nevertheless necessary or the proper provision of services to the District, such Work or services shall be fully performed by the Contractor as if described and delineated in this Agreement.

Contractor agrees that District shall not be liable for the payment of any Work or services not included in Section 4.A., unless the District, through an authorized representative of the District, authorizes Contractor in writing to perform such services.

The District Manager of the District or his designee shall act as the District Representative with respect to the Work performed under this Agreement. The District Representative shall have complete authorization to transmit instructions, receive information, interpret and define the District's policies and decisions with respect to the materials, equipment, elements, and systems pertinent to the Work performed by Contractor.

At the request of the District Representative, Contractor agrees to meet with

3
Lake Maiuteuance Agreement - Montecito CDD

District Representative to walk the property to discuss conditions, schedules, and items of concern regarding this Agreement.

Contractor shall not damage, kill or otherwise harm current and future non- invasive aquatic plants, including, but not limited to, bulrush, spikerush, firelac (thalia), and water lilies, and any damage to such plants shall be remedied with replacement plants within five
(5) business days of the damage occurring. Contractor shall use due care to protect the property of the District, its residents, and landowners from damage.

SECTION 4.	COMPENSATION.

District agrees to pay the Contractor in accordance with the following schedule of
rates:

Description of Service	Rate	
Aquatic Maintenance Services (Work)	$1,220.00 per month (Annual Contract Amount $14,640.00)	

Should District desire additional services or to add additional areas to the Maintenance Areas, the Contractor agrees to negotiate in good faith to undertake such additional services. Upon successfully negotiations, the Parties shall agree in writing to an Amendment to this Agreement.

District may require, as a condition precedent to making payment to Contractor that all subcontractors, materialmen, suppliers, or laborers be paid and require evidence, in the form of lien releases or partial waivers of lien, to be submitted to the District by those subcontractors, materialmen, suppliers or laborers, and further require that the Contractor provide an affidavit related to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all conditions with regard to the withholding and payment of taxes, Social Security payments, Workers' Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

Contractor shall maintain records confirming to usual accounting practices. As soon as may be practicable at the beginning of each month, the Contractor shall invoice the District for all services performed in the prior month and any other sums due to Contractor. District may pay the invoice an1ount within thirty (30) days after the invoice date. Contractor may cease performing Work under this Agreement if any payment due hereunder is not paid within thirty (30) days of the invoice date. Each monthly invoice shall include such supporting information as the District may reasonably require the Contractor to provide.

SECTION 5.	TERM. The Contractor shall commence work on the Effective Date, and, unless otherwise terminated in accordance with this Agreement, the term of the Agreement shall begin

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Lake Mai11tenauce Agreeme11l - Montecilo CDD
Rev. I0.17.2023

on the Effective Date and expire after one (1) year. Thereafter, this Agreement shall automatically be extended on an annual basis for renewal terms of one (1) year each, with a four (4%) cost escalation rate, unless otherwise terminated as provided herein.

SECTION 6. TERMINATION. Either party may terminate this Agreement without cause by providing thirty (30) days written notice of termination to the other party. No early termination fees shall apply or be charged to either party. Contractor agrees that District may terminate this Agreement immediately with cause by providing written notice of termination to Contractor.

Upon the effective date of the termination and except as otherwise directed, the Contractor shall:

Cease the performance of all Services under this Agreement; and

	Place no further orders or subcontract for materials, services, or facilities except as may be necessary for completion of such portion of the Services under this Agreement as is not terminated; and

Terminate all orders and subcontractors, effective on the termination date, to the extent that they relate to the performance of Services terminated by the notice of termination; and

	Complete performance of such part of the Services as shall not have been terminated by the notice of termination; and

Take such action as may be necessary or as the District may direct, for the protection and preservation of property related to this Agreement, which is in the possession of the Contractor and in which the District has or may acquire an interest; and

	Deliver to District releases and satisfactions of liens for all labor, materials and supplies provided prior to the termination date; and

Prior to the termination date, take all other necessary action to transfer or coordinate the transfer of the Services to the District or the District's new provider of such Services.

SECTION 7.   INSURANCE.
Contractor shall procure and maintain at its own expense and keep in effect during the full term of the Agreement a policy or policies of insurance which must include the following coverages and minimum limits of liability.

	Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoreman's and Harbor Worker's Act, the Federal Employers' Liability Act and the Jones Act. Employer's Liability Insurance shall be provided with a minimum of one hundred thousand and xx/100 dollars ($100,000.00) per
5
Lake Maintenance Agreement - Montccito COD lZov. 10.17.2023

accident. Contractor shall be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment.

Comprehensive General Liability (occurrence form), with the following minimum limits of liability, with no restrictive endorsements:

$1,000,000 Combined Single Limit, per occurrence, Bodily Injury & Property Damage Coverage shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability:

Premises and Operations;
Independent Contractors;
Product and Completed Operations Liability;
Broad Form Property Damage; and
	Broad Form Contractual Coverage applicable to the Agreement and specifically insuring the indemnification and hold harmless agreement provided herein.

	Automobile Liability with the following minimum limits of liability, with no restrictive endorsements:

$1,000,000 Combined Single Limit, per occurrence

Prior to any work being performed pursuant to this Agreement, Contractor shall submit to District copies of its required insurance coverages, specifically providing that both the Montecito Community Development District (defined to mean the District, its officers, agents, employees, volunteers, and representatives) and Special District Services, Inc., are additional insureds with respect to the required coverages and the operations of Contractor to the extent of the liabilities assumed by Contractor under this Agreement.

In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then, in that event, Contractor shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of that period of the contract and extension thereunder is in effect. District and Contractor shall not continue to complete the Project required by this Agreement unless all required insurance remains in full force and effect.

District does not in any way represent that the types and amounts of insurance required hereunder are sufficient or adequate to protect Contractor's interest or liabilities but are merely minimum requirements established for purposes of this Agreement.

Insurance companies selected by Contractor must be acceptable to District. All of the policies of insurance so required to be purchased and maintained shall contain a provision or

6
Lake Maintenance Agreement - Montecito COD Rev, 10,17,2023

endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the District by certified mail, return receipt requested.

The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the state of Florida, with a minimum rating of B+ to A+, in accordance with the latest edition of A.M. Best's Insurance Guide.

All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against the District with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above-described insurance.

Contractor understands and agrees that any company issuing insurance to cover the requirements contained in this Agreement shall have no recourse against the District for payment or assessments in any form on any policy of insurance.

SECTION 8,  INDEMNIFICATION.

Contractor shall indemnify, defend, and save harmless District, its officers, agents, servants and employees from and against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property to the extent caused in whole or in part by any negligence, act, omission, or default of the Contractor, its agents, servants or employees arising from this contract or its performance. The Contractor and the District hereby agree and covenant that the Contractor has incorporated in the original cost proposal, which constitutes the Contract sum payable by the District to the Contractor, specific additional consideration in the ammmt of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph.

The execution of this Agreement by the Contractor shall obligate Contractor to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Section 7 of this Agreement. However, the indemnification provision, and the insurance provision are not interdependent of each other, but rather each one is separate and distinct from the other. The obligation of the Contractor to indemnify the District is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the District or the Contractor.

The Contractor acknowledges that the District is a local unit of special purpose government organized under the provisions of Chapter 190, Florida Statutes, that the District is a "State agency or subdivision" as defined in Section 768.28, Florida Statute, and that the District is afforded the protections, immunities, and limitations of liability afforded the District thereunder. Nothing in this Agreement is intended or should be construed as a waiver of the doctrine of sovereign immunity or the protections, immunities and limitations of liability afforded the District pursuant to Section 768.28, Florida Statutes.

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Lake Maintenance Agreement - Montecito CDD
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This indemnification obligations shall survive the expiration or termination of this Agreement to the extent provided for by Florida law.

SECTION 9. LIENS AND CLAIMS, Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform the Work and services under this Agreement. Contractor shall keep District's property free from any materialmen's or mechanic's liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor's performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not satisfy or pay such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement and applicable law, may terminate this Agreement to be effective immediately upon the giving of notice of termination.

SECTION 10. DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A default
by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief, and specific performance. District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District's right to protect its rights from interference by a third party to this Agreement.

SECTION 11. CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from doing so; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements in this Agreement, or as having in any way modified or waived the same.

SECTION 12. SUCCESSORS, This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties to this Agreement, except as expressly limited herein.

SECTION 13. PERMITS AND LICENSES. All permits and licenses required by any governmental agency directly for the District shall be obtained and paid for by the District. All other permits or licenses necessary for Contractor to perform under this Agreement shall be obtained and paid for by Contractor.

SECTION 14. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other.

SECTION 15. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the pru1ies. It is the intent of the parties that the Contractor is an independent contractor under this Agreement and not the District's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum

8
Lake Maintenance Agreement - Montecito COD Rev. I0.17.2023

wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with District, or other government policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the District, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the District and the District will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.

SECTION 16. FAMILIARITY WITH LAWS. Contractor shall be required to be familiar with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the Work being performed by Contractor under this Agreement. Ignorance on the part of the Contractor will in no way relieve Contractor from responsibility.

SECTION 17. CONFLICTS. In the event of a specific conflict with respect to any provision of this Agreement and the exhibits thereto, preference, from top to bottom, shall be given, as follows:

Agreement; followed by
Exhibit A - Proposal of Contractor.

SECTION 18. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 19. ATTORNEY'S FEES. In the event either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, and appellate proceedings.

SECTION 20. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the District and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

SECTION 21. AMENDMENTS. Amendments to and waivers of provisions contained in this Agreement may only be made by an instnm1ent in writing which is executed by both Contractor and District.

SECTION 22. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the Contractor and the District, both the Contractor and the District have complied with all applicable requirements of law, and both the Contractor and the District have full power and authority to comply with the terms and provisions of this instrument.

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Lake Maintenance Agreement - Montecito CDD
Rev. 10.17.2023

SECTION 23.	NOTICES.

.. Whenever any party is required to give or deliver any notice to any other party, or desires to do so, such notices shall be sent by U.S. Certified Mail, Return Receipt Requested or Overnight Delivery by a recognized national overnight delivery service to:

DISTRICT:

With copy to:

CONTRACTOR:

Montecito Community Development District
c/o Special District Services, Inc. 2501A Burns Road
Palm Beach Gardens, Florida 33410 Attention: District Manager

District Counsel
Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 East Las Olas Boulevard, Suite 600
Fort Lauderdale, Florida 33301 Attention: Michael J. Pawelczyk, Esq.

Solitude Lake Management, LLC
5869 Enterprise Parkway Fort Myers, Florida 33905 Attention: President

Except as otheiwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above, Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non­ business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays and legal holidays recognized by the United States government shall not be regarded as business days. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall.be sent by providing the same on five (5) days written notice to the parties and addressees set forth in this Agreement.

SECTION 24. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement express or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

SECTION 25.  GOVERNING LA w; VENUE.  This Agreement and the provisions contained in this

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Lake Maintenance Agreement - Montecito COD Rev. l0.17.2023

Agreement shall be construed, interpreted, controlled, and governed by the Jaws of the State of Florida with venue lying in Brevard County, Florida.

SECTION 26. PUBLIC RECORDS. Contractor understands and agrees that any and all documents of any kind provided to the District in connection with this Agreement may be subject to copying and disclosure as public records and may be treated as such in accordance with Florida law.

Contractor shall, pursuant to and in accordance with Section 119.0701, Florida Statutes, comply with the public records laws of the State of Florida, and specifically shall:

	Keep and maintain public records required by the District to perform the services or work set forth in this Agreement; and

Upon the request of the District's custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

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

	Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Contractor or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Contractor transfers all public records to the District upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District's custodian of public records, in a format that is compatible with the information technology systems of the District.

Contractor acknowledges that any requests to inspect or copy public records relating to this Agreement must be made directly to the District pursuant to Section 119.0701(3), Florida Statutes. If notified by the District of a public records request for records not in the possession of the District but in possession of the Contractor, the Contractor shall provide such records to the District or allow the records to be inspected or copied within a reasonable time. Contractor acknowledges that should Contractor fail to provide the public records to the District within a reasonable time, Contractor may be subject to penalties pursuant to Section 119.10, Florida Statutes.

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Lake Maintenance Agreement - Montecito COD

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, THE CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:

SPECIAL DISTRICT SERVICES, INC. 2501A BURNS ROAD
PALM BEACH GARDENS, FLORIDA 33410 TELEPHONE: 561-630-4922
EMAIL: BSAKUMA@SDSINC.ORG
SECTION 27. E-VERIFY, The Contractor, on behalf of itself and its subcontractors, hereby warrants compliance with all federal immigration laws and regulations applicable to their employees. The Contractor further agrees that the District is a public employer subject to the E­ Verify requirements provided in Section 448.095, Florida Statutes, and such provisions of said statute are applicable to this Agreement, including, but not limited to registration with and use of the E-Verify system. The Contractor agrees to utilize the E-Verify system to verify work authorization status of all newly hired employees. Contractor shall provide sufficient evidence that it is registered with the E-Verify system before commencement of performance under this Agreement. If the District has a good faith belief that the Contractor is in violation of Section 448.09(1), Florida Statutes, or has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws 01· the Attorney General of the United States for employment under this Agreement, the District shall terminate this Agreement. The Contractor shall require an affidavit from each subcontractor providing that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall retain a copy of each such affidavit for the term of this Agreement and all renewals thereof. If the District has a good faith belief that a subcontractor of the Contractor is in violation of Section 448.09(1), Florida Statutes, or is performing work under this Agreement has knowingly hired, recruited, or referred an alien that is not duly authorized to work by the federal immigration laws or the Attorney General of the United States for employment under this Agreement, the District promptly notify the Contractor and order the Contractor to immediately terminate its subcontract with the subcontractor. The Contractor shall be liable for any additional costs incurred by the District as a result of the termination of any contract, including this Agreement, based on Contractor's failure to comply with the E-Verify requirements referenced in this subsection.

SECTION 28. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or tmenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall

12
Lake Maintenance Agreement - Monteoito CDD

continue in full force and effect, and be enforced to the fullest extent permitted by law.

SECTION 29. ARM'S LENGTH TRANSACTION, This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. District and Contractor participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the event of a dispute concerning the interpretation of any provision of this Agreement, the parties are deemed to have drafted, chosen, and selected the language and any doubtful language will not be interpreted or construed against either party.

SECTION 30. COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, however all such counterparts together shall constitute but one and the same instrument.

SECTION 31. RESPONSIBLE VENDOR DETERMINATION, Contractor is hereby notified that Section 287.05701, Florida Statutes, requires that the District may not request documentation of or consider a contractor's, vendor's, or service provider's social, political, or ideological interests when determining if the contractor, vendor, or service provider is a responsible contractor, vendor, or service provider.

SECTION 32. SCRUTINIZED COMPANY CERTIFICATION. Contractor hereby swears or affirms that as of the date below Contractor is not listed on a Scrutinized Companies list created pursuant to Section 215.4725, 215.473, or 287.135, Florida Statutes. Pursuant to Section 287.135, Florida Statutes, Contractor further affirms that:

Contractor is not participating in a boycott of Israel such that is not refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner.

Contractor does not appear on the Scrutinized Companies with Activities in Sudan List where the State Board of Administration has established the following criteria:

Have a material business relationship with the government of Sudan or a government-created project involving oil related, mineral extraction, or power generation activities, or
Have a material business relationship involving the supply of military equipment, or
Impart minimal benefit to disadvantaged citizens that are typically located in the geographic periphery of Sudan, or
Have been complicit in the genocidal campaign in Darfur.

Contractor does not appear on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List where the State Board of Administration has established the following criteria:

13
Lake Maintenance Agreement - Mantecila CDD

	Have a material business relationship with the government of Iran or a government-created project involving oil related or mineral extraction activities, or
Have made material investments with the effect of significantly enhancing Iran's petroleum sector.

Contractor is not engaged in business operations in Cuba or Syria.

SECTION 33. PROTECTION OF PROPERTY AND PUBLIC.

Contractor shall continually maintain adequate protection of all District property, real, tangible and otherwise, from damage and shall protect public and private property from injury or loss arising in connection with the Work provided pursuant to this Agreement. Contractor shall make redress for any such damage, injury or loss. Contractor shall adequately protect adjacent property as provided by law and this Agreement.

Contractor shall in every respect be responsible for, and shall replace and make good all loss, injury, or damage to the premises (including but not limited to landscaping, walks, drives, structures, or other facilities) on the premises and/or property of District's of any land adjoining any work sites, which may be caused by Contractor or Contractor's employees or subcontractors, or which he or they might have prevented. Contractor shall, at all times while the work is in progress, use extraordinary care to see that adjacent buildings are not endangered in any way by reason of fire, water, or construction or maintenance operations, and to this end shall take such steps as may be necessary or directed, to protect the property therefrom; the same care shall be exercised by all Contractor1s and subcontractor's employees.

Buildings, sidewalks, fences, shade trees, lawns, irrigation systems, and all other improvements shall be duly protected from damage by Contractor.

Contractor shall use due care to protect the property of the District, its residents, and landowners from damage. Contractor agrees to repair any damage resulting from Contractor's activities and Work within twenty-four (24) hours.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

14
Lnke Maintenance Ag.-eement - Montecito CDD

IN WITNESS WHEREOF, the parties execute this Agreement and further agree that it shall take effect as of the Effective Date first above written.

Attest:	MONTECITO COMMUNITY DEVELOPMENT DISTRICT

Print name:---------- Title:	Secretary/Assistant Secretary

By:	_

Print name: 	
ChairNice Chair Board of Supervisors

Date: 	

SOLITUDE LAKE MANAGEMENT, LLC, a
foreign limited liability company authorized to do business in the State of Florida

Print Name

Print Name

By:------------
Print: 	
Title: 	 Date: 		

15
Lake Maintenance Ag1·eement ~ Montecito CDD

EXHIBIT A

PROPOSAL OF CONTRACTOR

16
Lnke Maintenance Ag.-eemenl - Monlocito CDD

SERVICES CONTRACT

CUSTOMER NAME: Montecito COD SUBMITTED TO: Denisse Grimm
CONTRACT EFFECTIVE DATE: September 1, 2023-August 31, 2024
SUBMITTED BY: Stephen AmRhein
SERVICES: Annual Maintenance and Quarterty Fountain Maintenance

This agreement (the "Agreement") is made as of the date indicated above and is by and between SOLitude Lake Management, LLC ("SOLitude" or the "Company") and the customer identified above (the "Customer") on the terms and conditions set forth in this Agreement.

The Services. SOLitude will provide services at the Customer's property as described in Schedule A attached hereto:

PAYMENT TERMS. The Annual Contract Price is $14,640.00. SOLitude shall invoice Customer
$1,220.00 per month for the Services to be provided under this Agreement. The term of this agreement is for a period of twelve (12) months, with payment invoiced on the first day of each month, reminding them that a contract payment is due by the end of that same month. The customer is obligated to pay each monthly contract payment per the terms of this contract, without any obligation on the part of SOLitude to invoice or send any other sort of reminder or notice. Due to the seasonality of these services, and the disproportionate amount of time and materials dedicated to providing these services during some times
of the year as compared to others, based on the season, weather patterns, and other natural factors, the amount billed and paid to date is not necessarily equivalent to the amount of work performed to date.

Ttle Coslor 11e1 will be liable fo1 0119 1eivrned efleek fees and Ofl'y' cottedion costs, inelt:1€llng reoson-eele	• a11ort ;ey fee andcourt cos+s, for maiy in oiees not o+hcr¥,iso timol'f paid, and interest at the rato of l % per
t"l"lonth may be ad<iled to al unpaid invoicsi;. Should the work performed be subject to any local, state, or ---­ federal jurisdiction, agency, or other organization of authority for sales or other taxes or fees in addition to
those expressly covered by this contract, the customer will be invoiced and responsible for paying said additional taxes in addition to the contract price and other fees above. Solitude shall be reimbursed by the customer for any non-routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result of requirements placed on solitude by the customer that are not covered specifically by the written specifications of this contract.

TERM AND EXPIRATION. This Agreement is for an annual management program as described in the Schedule A attached. Any additional services will be provided only upon additional terms as agreed to by the parties in writing. Contract will automatically renew annually at the end of the contract effective date for subsequent one (1) year terms, with a four percent (4%) escalation in tho Annual Contract Price each year, under the same terms, specifications, and conditions as set forth by this contract, unless either party gives written notice of cancellation thirty (30) days prior to the termination date of this contract, or subsequent renewal contracts.

Co	•	•	•	In is t
Re	ocesse
att	or written con	i"l:IQ, ffl'	docu be the responsibility of the recipient to keep the information contained herein confidential.
888.480.U\KE (5253) I SOLITUDELAKEMANAGEMENT.COM	Page 43

Services Contract
Page 2 of 8

4,  PRICING. The Company reserves the right to annually increase the amount charged for the services beyond the escalation percentage stated in the TERM AND EXPIRATION above, which shall be communicated by written notice to the Customer, which notice may be by invoice.

5	IERMINAIIQN If .SOI it, 1de t0rminates 'tour service for 1101,pa·rmont or other default b@fore tho end of tll@ Services Contract it the·Ci ,stomer terminates this £ervicss Coniract for any reason other than in accordance wi*h tho cancellation policy outlined above or in the @vont this GontFacl does 110I- e1uto1, 1atically, e1,e'YV and the customer terminates it before tho tormina±iao date, Customer agrees to pay / SOLilude, i11 addilirn I lo all othe1 u1, ,eunts 0·11ed, an Early 'fern ii11atio11 Fee i1, II,e rn11ou1 ,t specified b0lov,1 _ ("iarly Termination Eee")	Jbe Gus*oFAsr's Egrly TeFmination fee will bo 50% of the remaining ·,•aluc of *he Contracted Price. Tl ,e Eai ly TeFFliinatien Fee is not o pe1,alty, btJt l"Othor a chmgQ to compensate Olitud€ 101 11,e euslot IIeI's failu1e to satisfy the Serv1iecs Contract on whiel, ti 1e Custeme1 's rate r:,len i& bas.;ld,

INSURANCE AND LIMITATION OF LIABILITY.	SOLitude will maintain general liability and property damage insurance as necessary given the scope and nature of the Services.	T  GompaA't will be _,,.,,.,­ r onsiblo for thos0 do magos, olaims, souses of aeJiori, iAjurie:i er lo al cmts to the extent oi its ov,m..dicec;:.:j,. n5Qilg@nce or milicQndud, and tl: en only to cm cmount not to e ceed ;ho annual valuQ of this la 9re0i:nont. .,,,,,,.,­ lr.i no event will any- to-tl:1i!; Agreomoni be liablo to the efM for-ineide1,tal, eeF1:,equcAtial-er pl:ffely-­ oeonornie damages.

FORCE MAJEURE.	The Company shall not be liable for any delay in performing the Services, nor liable for any failure to provide the Services, due to any cause beyond its reasonable control.

ANTI-CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its behalf has offered, given, requested or accepted any undue financial or other advantage of any kind in entering into this Agreement, and that it will comply with all applicable laws and regulations pertaining to corruption, competition and bribery in carrying out the terms and conditions of this Agreement.

GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the state in which the Services are performed.

1O.  ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and replaces any prior agreements or understandings, whether in writing or otherwise. This Agreement may not be modified or amended except by written agreement executed by both parties. In the event that any provision of this Agreement is determined to be void, invalid, or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

 OflCE. }\FIJ' li'v'rittcn notice pF0,1ieed uAder this Agr-eomcnt 1?101be senI via ove1, ligl II 1I1ail, certified maH, l9af1d deli·rer,· or e!edrenic mail •.;u, deli·v 01y confir1, ,o lio1,, +e the indi•,1iduals and ocldragrns lis:ted /

BINDING. This Agreement shall inure to the benefit of and be binding upon the !egal representatives and successors of the parties.

.

.

. .

- .

""'-'-ll..w->''

faith and

Red
attac	,_=,,..,
be the responslbfllty of the recipient to  eep the in ormation contained herein confidentia .

888.480.LAKE (5253) I SOLITUDELAKEMAMAGEMENT.COM	Page 44

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Services Contract Page 3 of 8

FUEL/TRANSPORTATION SURCHARGE. Like many other companies that are impacted by the price of gasoline, a rise in gasoline prices may necessitate a fuel surcharge. As such, the Company reserves the right to add a fuel surcharge to Customer's invoice for any increase in the cost of fuel as measured above the same time period in the prior year jby the National U.S. Average Motor Gasoline-Regular Fuel Price per Gallon Index reported by the U.S. Department of Energy). The surcharge may be adjusted monthly (up or down) with the price of gasoline.

DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation, or other work that result from dam or other structural failures, severe weather and storms, flooding, or other acts of God that are outside of the control of SOLitude.
Customers understands and acknowledges that there are irrigation restrictions associated with many of the products used to treat lakes and ponds. The customer is responsible for notifying solitude in advance of the contract signing and the start of the contract if they utilize any of the water in their lakes or ponds for irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the customer for irrigation without the consent or knowledge of SOLitude.
Although there is rarely direct fish toxicity with the products used for treatment when applied at the labeled rate, or the installation and normal operation of the equipment we install, there is a risk under certain circumstances of significant dissolved oxygen drops. This risk is most severe in times of extremely hot weather and warm water temperatures, as these are the conditions during which dissolved oxygen levels are naturally at their lowest levels. Oftentimes lakes and ponds will experience natural fish kills under these conditions even if no work is performed. Every effort, to include the method and timing of application, the choice of products and equipment used, and the skill and training of the staff, is made to avoid such problems. However, the customer understands and accepts that there is always a slight risk of the occurrence of adverse conditions outside the control of SOLitude that will result in the death of some fish and other aquatic life. The customer also understands and accepts that similar risks would remain even if no work was performed. The customer agrees to hold SOLitude harmless for any issues with fish or other aquatic life which occur as described above, or are otherwise outside the direct control of solitude, unless there is willful negligence on the part of solitude.

NONPERFORMANCE. In the case of any default on the part of the Company with respect to any of the terms of this Agreement, the Customer shall give written notice thereof, and if said default is not made good within (30) Thirty Days, the Customer shall notlfy the Company in writing that there has been a breach of the Agreement. The Company in case of such breach shall be entitled to receive payment only for work completed prior to said breach, so long as the total paid hereunder does not exceed the Contract sum.

E-Verify. Solitude Lake Management LLC utilizes the federal E-Verify program in contracts with public employers as required by Florida State law, and acknowledges all the provisions of Florida Statute 448.095 are incorporated herein by reference and hereby certifies it will comply with the same.

Comp		roprietarv M	-  he information contained herein Is the intellec	
Recipi
attac be th	

onslbllity of		prletary•	, or pnc1
en I	ro
in confidential.	

888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM	Page 45

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Services Contract
Page 4 of 8

ACCEPTED AND APPROVED:

r's Address for Notice Purposes:
 )'ee  s..-ee.

SOLITUDE LAKE MANAGEMENT, LLC.	Montecito CDD

Please Remit All Payments to:

1320 Brookwood Drive Suite H Uffle Rock AR 72202

Please Mail All Contracts to:

2844 Crusader Circle, Suite 450 Virginia Beach, VA 23453

Competitively Sen• •	'3,-1--	terials - The information contained herein is the Intellectual property of SOLitude Lake Management.	
Reci•		in	•	._lll::..flf'+gc.g	any of its	
atta bet	
the recipient to·	-·-._.;;.;;;.-,- --		ana,. "- -	is prov	cne i-Fee:tp	and it shall alned herein confidential.	

888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM	Page 46

Services Contract Page 5 of8

SCHEDULE A - SERVICES

Annual Maintenance

Visual Inspections:
	A visual inspection of the pond(s} will be performed during each vlsit to the site, The inspections shall include the following:
Water levels
Water clarity or quality
Turbidity
Beneficial Aquatic Vegetation
Nuisance, Invasive, or Exotic Aquatic Vegetation
Algae
Physical components such as above ground pipes, inlet and outlet structures, trash racks, emergency spillways, and dams
Erosion
Issues with shoreline and bank stabilization measures such as rip rap stone, bulkheads, retaining walls, etc.
Forebays and inflowing or outflowing swales, ditches, and stream channels
Vegetated buffers
Sedimentation
Nuisance animal activity
Fish habitat
Mosquito breeding conditions and habitat
Trash and debris
Any issues or deficiencies that are observed during this visual monitoring will be documented by our staff in the field notes of the service order completed at the time the issue was first observed and reported to the Customer in writing as part of that month's service report.
Customer will be notified immediately if there are any deficiencies observed that appear in the judgment of our staff to be posing an immediate risk or otherwise jeopardizing the integrity of the pond(s) structures.
The scope of these services is limited to what can be reasonably observed at the surface of the water and above the ground around the water that makes up the physical structure of the pond(s). These routine inspection services are not intended to replace any requirement or need for a more comprehensive engineered inspection, or any other type of inspection that would require expertise or equipment to survey the

Competitively Sensitive & Proprietary Materials - The information contained herein is the intellectual property of solitude Lake Management. Recipient may not disclose to any outside paf"t\/ any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the Information contained herein confidential.
888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM	Page 47

Services Contract Page 6 of 8

condition of the physical components of the pond(s) underground, underwater, or inside any of the associated structures.

Aquatic Weed Control:
Pond(s) will be inspected on a one (1) time per month basis.
	Any growth of undesirable aquatic weeds and vegetation found in the pond(s) with each inspection shall be treated and controlled through the application of aquatic herbicides and aquatic surfactants as required to control the specific varieties of aquatic weeds and vegetation found in the pond[s) at the time of application.
Invasive and unwanted submersed and floating vegetation will be treated and controlled preventatively and curatively each spring and early summer through the use of systemic herbicides at the rate appropriate for control of the target
species. Application rates will be designed to allow for selective control of unwanted species while allowing for desirable species of submersed and emergent wetland plants to prosper.

Shoreline Weed Control:
Shoreline areas will be inspected on a one (1) time per month basis.
	Any growth of cattails, phragmites, or other unwanted shoreline vegetation found within the pond areas shall be treated and controlled through the application of aquatic herbicides and aquatic surfactants as required for control of the plants present at time of application.
	Any growth of unwanted plants or weeds growing in areas where stone has been installed for bank stabilization and erosion control shall be treated and controlled through the application of aquatic herbicides and aquatic surfactants as required to control the unwanted growth present at the time of application.

Trash Removal:
Trash will be removed from the pond(s) with each service and disposed off site. Any large item or debris that is not easily and reasonably removable by one person during the routine visit will be removed with the Customer's approval for an additional
fee. Routine trash and debris removal services are for the pond areas only, and do not include any trash or debris removal from the surrounding terrestrial (dry land) areas.

Water Quality Monitoring:
l.		Pond water samples will be taken and tested one (1) time per year for the following parameters:

Temperature
pH
Turbidity

Dissolved Oxygen Alkalinity
Salinity

The results of the tests along with recommendations and analysis of the results will be provided to the Customer in a written report following each testing period.
	Any data collected that needs immediate action to resolve an issue will be brought to the Customer's attention at once.

Competitively Sensitive & Proprietary Materials - The Information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the Information contained herein confidential.
888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM	Page 48

Services Contract Page 7 of8

Pond Algae Control:
Pond[s) will be inspected on a one (1) time per month basis.
	Any algae found in the pond(s) with each inspection shall be treated and controlled through the application of algaecides, aquatic herbicides, and aquatic surfactants as needed for control of the algae present at the time of service.

Fountain Maintenance Service:
Company will service each of the fountains four (4) times per year on a once per quarter basis as follows:
Perform Amp test on the motor to verify appropriate amp load. Check incoming and outgoing Voltage.
Test Motor GFCI Protection Breaker. Test Contactor (starter).
Test motor overload protection to make sure it is set and functioning properly. Check fuses.
Make sure all wires, breakers, and other electronic parts are securely attached Check timer and set as needed.
Test Lighting GFCI breaker in the control panel to make sure it is operating properly. Check lighting timer and set as needed.
If the fountain or lights are not visibly operating properly, or malfunctioning in any way as determined by the diagnostic checks specified above, the Company will further perform the following:
Perform ohm test to cable to test for any shorts or resistance in the power cable between the control panel and the motor.
Inspect motor shaft to make sure it is not bent and that it is turning smoothly and quietly.
Inspect propeller or impeller (depending on what type unit) and diffuser plate (if present) to make sure they are tightly attached and not bent or damaged in any way.
Clean fountain's debris screen nozzle, shaft, and pump chamber ensure proper water flow.
Clean all lighting lens covers.
Check each light and replace lamps that have burnt out. Replace any seals on light housing which are leaking.
All replacement parts required for proper maintenance of the fountains and the additional labor required to replace these parts as needed will be billed as an additional charge.
All lights, seals, other replacement parts, and labor required for light replacements will be billed as an additional charge.
All necessary repairs (parts & labor) covered by warranty will be performed at no additional charge to the Customer.
Any significant problems or malfunctions that are discovered during the maintenance service that are not able to be repaired during that service, which are no longer under warranty, and that will require significant additional labor and/or parts, will be written up and submitted to the Customer for his/ her approval prior to proceeding with the work.
All fountain work will be performed by factory certified service and repair technicians.

Competitively Sensitive & Proprietary Materials - The information contained herein is the intellectual property of SC>Litude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253) I SOUTUDELAKEMANAGEMENT.COM	Page 49

Services Contract Page 8 of 8

Service Reporting:
	Customer will be provided with a service report detailing all of the work performed as part of this contract after each visit.

General Qualifications:
Company is a licensed pesticide applicator in the state in which service is to be provided.
Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is to be provided.
	Company is a SePRO Preferred Applicator and dedicated Steward of Water. Each individual applicator has been trained and educated in the water quality testing and analysis required for prescriptive site-specific water quality management and utilizes an integrated approach that encompasses all aspects of ecologically balanced management. Each applicator has received extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides, adjuvants, and water quality enhancement products necessary to properly treat our Customers' lakes and ponds as part of an overall integrated pest management program.
	Company guarantees that all products used for treatment are EPA registered and labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a manner consistent with their labeling.
	All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds, or other aquatic pests as specified in this contract will meet or exceed all of the Company's legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA. Company will perform treatments that are consistent with NPDES compliance standards as applicable in and determined by the specific state in which treatments are made. All staff will be fully trained to perform all applications in compliance with all federal, state, and local law.
	Company will furnish the personnel, vehicles, boats, equipment, materials, and other items required to provide the foregoing at its expense.

Competitively Sensitive & Proprietary Materials - The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of Its attachments without the prior written consent of solitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the Information contained herein confidential.
888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM	Page 50

 Durham & Sons, Inc.
A/C, Refrigeration, Heating, & Electrical Contractors
1947 N. Harbor City Blvd. Melbourne, FL 32935
321-259-COOL /2665	321-757-YORK /9675	321-636-6899	FAX 321-255-0840
Web site: www.durhamandsons.com
CAC1814163, EC0002671, EC13002226, CAC1814969 CAC1814074
PROPOSAL

Proposal Submitted to: Denise Grimm Address: 208 Montecito Dr City/State: Satellite Beach Fl. 32937
Phone: 321-777-9460 Home	Work -	E-mail: dgrimm@vestpropertyservices.com Date: November 27, 2023		Proposal provided by: Vince DiSalvio
We hereby submit specifications and estimates for: New panel.

The following items are included:
We will remove the existing outdoor 400 amp three phase main breaker panel that controls the IRR. system and the pond fountains.
We will remove the existing strut that is on the wall to support the panel.
We will install new stainless steel strut on the wall in place of the existing strut.
We will install a new outdoor 400 amp three phase main breaker panel in place of the existing one.
We will install all new breakers in the new panel.
We will make all wire connections in the new panel.
We will label the panel.
A PERMIT & an FPL disconnect is required.
TOTAL LABOR AND MATERIALS $6,750.00
Permit fees are additional.

Due to the volatility of metal and oil prices at this time, all quotes are subject to change if not accepted within 5 days.
Re-finish of sheet rock around new panel installation, currently covering conductors above or below panel, SHALL BE BY THE HOMEOWNER. If inspecting official deems your existing material insufficient, as per physical protection of the conductors, additional charges will be submitted. This shall be in a change order form, to owners, prior to replacement of materials.
In the event it is necessary to add unforeseen items, a change order will be presented, before any extras are performed. Existing code violations, are subject to inspecting official’s determinations as per acceptability, and shall not be considered part of this proposal. Payment to this Contractor shall be made regardless of pre- existing violations at this property, not considered in this scope of work and or this proposal, and its exact listed improvements herein.

Any stucco that has been damaged or removed or exposure to the block and or insulation, or stud frame home and insulation during our work on your structure; stucco replacement or patching large or small, and all sealing and safeguarding is the homeowner’s responsibility and not within this contract. We offer no liability or responsibility in any manner concerning these areas, including any potential damage now or in the future for the life of the structure.

1

This agreement contains the entire understanding between the Company and the Customer, any modifications, amendments or changes must be in writing and signed by both parties

 Initial	

We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of:
$ 6,750.00	

Please check and initial above, then sign below, on page 3, as the owner or authorized representative:

Payment to be made as follows
$.00 dollars upon commencement of work. The total remaining amount of $ 6,750 .00	is due upon completion of job.

TERMS AND CONDITIONS:
Any engineering required by the building department, or independent testing is at additional cost to you the owner of the property.
All labor is to be performed during the Companies regular working hours, unless noted in this proposal.
Warranty work is performed during the Companies normal business hours, but can be performed after normal hours if the Customer pays the difference between standard labor rate and overtime rate.
Until final payment is made, the Company will retain the title to all materials and equipment it installs.
Unless noted in this proposal, payment is due in full upon completion of the work. A monthly finance charge, equal to the highest allowable interest rate, may be levied on the Customers account if delinquent over 30 days.
In the event the Customers account must be referred to attorneys for collection, the Customer agrees to pay reasonable attorney fees, court costs and other collection costs.
Every attempt will be made to complete the work on the date(s) specified, but because the Company may have no control over equipment delivery, all completion dates are estimates only.
While the Company is well insured, the Customer will carry fire, extended coverage and other necessary insurance.
Customer shall assume; concerning your building or home all risk of; fire damage, damage, water line damage- inside or outside, property loss, or loss or damage to HVAC or air conditioning or heating equipment gas or electric, or any electrical or electronic device, after it is set in place on the job. This relates to air conditioning or heating equipment, surge devices, water flow or mold or resulting damages, water overflow safety devices or audible alarms or resulting damages, or other electronic or electrical device or damages. Beyond stated warranty on equipment or labor, the warranty on surge devices, water overflow devices, or alarms; these are only warranted for 1-year for any part or device if it fails. As we follow and utilize the building codes on all jobs including this one and will / have had your job inspected by the administrative authority, and install equipment and devices manufactured by others, you now agree and indemnify and hold harmless Durham and Sons Inc. if your property suffers a loss or damage, you hereby agree it is your insurance company or the manufacturer of the product and not Durham and Sons which shall bear responsibility.
Customer shall hold harmless Durham and Sons Inc., for any latent defect any equipment or components installed by or serviced by our firm. Or unknown defect or potential future defect in any equipment or components installed by or serviced by our firm. You agree and recognize that we did not manufacturer the equipment or devices, and if a property loss or bodily harm occurs, it is the manufacturer of equipment or devices that you must seek for indemnification at your own cost in a court of law, or even small claims court.
The Company shall not be liable for damage, loss or delays resulting from fire, explosion, flooding, the elements, labor troubles, or any other cause beyond our control.
The Company shall not responsible for any damages incurred due to the ability of the building structure to properly support the installed equipment, or for expense incurred in removing, replacing or refinishing part of the building structure, this applies to appliances, hot water heaters or tanks, or other systems necessary for the performance of any service or installation, unless otherwise noted in this proposal.
The Company shall not be liable for the identification, detection, abatement, encapsulation, storage, removal or transportation of any regulated or hazardous substances that exist in the structure whether concealed or not. Including current and future mold growth.
You agree that we may video or photograph our employees during the installation process, for training or advertising purposes. No recognizable video or photos of your home or family are taken; no references to your name or address are given.
This agreement contains the entire understanding between the Company and the Customer, any modifications, amendments or changes must be in writing and signed by both parties.
2

Authorized Durham & Sons, Inc., Employee Signature:	Vince DiSalvio

This proposal is valid for 30 days and any code violations noted by inspecting official and not related to the scope of above work will be the owner’s responsibility to bring into compliance.

Consumer Protection Rights notice, for total labor and material amounts over $2,500.00:
Any agreement or contract for repair, restoration, improvement, or construction to residential real property, Owner be advised of the Florida Construction Industry Recovery Fund. Payment may be available from the Construction Industry Recovery Fund if you lose money on a project performed under contract, where the loss results from specified violations of Florida Law by a State-Licensed Contractor, For information about the recovery fund and filing a claim, contact the Florida Construction Industry Licensing Board at the following telephone number and address: (904) 727- 6530, 7960 Arlington Expressway Suite 300, Jacksonville Fl. 32211

Right of Rescission:
You the Buyer may cancel this Transaction at any time prior to midnight of the Third business day after signing this document. This must be in writing, addressed to Durham and Sons Inc. 1947 North Harbor City Blvd. Melbourne Florida 32935. Simply sign here and date, mailing this entire proposal original copy to the address listed above:	
	Date:	

Waiver of Right of Rescission:
We the undersigned have never the less requested Durham and Sons Inc. TO GO FORWARD WITH THE INSTALLATION of HVAC products, including related electrical, and hereby waive the (3) three day right of termination for any reason. We understand that notwithstanding anything to the contrary contained in the Proposal Agreement, that we void our right of termination of this contract.
This is required for any installation that is an emergency replacement, or is scheduled for installation prior to the right of Rescission time frame, or for any other reason. Signature:	Print:	Date

Acceptance of Proposal
The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above.

Owner's or Agent's Signature:	 State of Florida, County of	

The foregoing instrument was acknowledged before me this	day of	, 2023

By	who produced	 as, identification and who did/did not, take an oath.

Signature of Notary	Print Name	

3

GAULT ELECTRIC LLC
715 North Drive Ste G Melbourne, Florida 32934
(321) 327-8988 Office
(321) 241-4896 FAX CONTACT@GAULTELECTRIC321.COM

PROPOSAL	JOB LOCATION
MONTECITO CDD	MONTECITO BEACH CLUB
6200 LEE VISTA BLVD. #300	SATELLITE BEACH, FL ORLANDO, FL 32822
PHONE: (407)841-5524
FAX:	(407)839-1526

REPLACE RUSTED OUT 400 AMP THREE-PHASE 120/240 VOLT OUT-DOOR PANEL BOARD THAT FEEDS IRRIGATION AND POND EQUIPMENT. EXISTING WIRING WILL BE USED.

PRICE OF ABOVE: $8,050.00

AUTHORIZED SIGNATURE:   JAMIE GAULT_	

DATE: 	October 13, 2023	
NOTE: THIS PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 15 DAYS. I AGREE TO ALL TERMS CONTAINED WITHIN THIS CONTRACT.

SIGN	

PRINT 	

DATE	

TERMS: NET 30 DAYS 1.5% PER MONTH INTEREST

PHONE: (321)327-8988	E-MAIL: CONTACT@GAULTELECTRIC321.COM		FAX: (321)241-4896 BREVARD COUNTY LICENSE 09-EL-CT-00062		STATE OF FLORIDA LICENSE EC13005117

DocuSign Envelope ID: B4D13EB6-4566-4A04-A816-05298C303011

RESOLUTION 2023-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MONTECITO COMMUNITY DEVELOPMENT DISTRICT PROVIDING THE DISTRICT MANAGER WITH LIMITED DISCRETIONARY SPENDING AUTHORITY UNDER CONDITIONS SPECIFIED HEREIN; AUTHORIZING THE DISTRICT MANAGER AND AMENITY MANAGER TO EXECUTE CERTAIN AGREEMENTS AND PURCHASE ORDERS ON BEHALF OF THE DISTRICT; PROVIDING FOR REPORTING AND RATIFICATION BY THE BOARD OF SUPERVISORS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Montecito Community Development District (the "District") is a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, located in the City of Satellite Beach, Florida; and

WHEREAS, the Board of Supervisors of the District (the "Board") has determined that it is appropriate to provide the District Manager of the District, as named herein (the "District Manager") and the Amenity Manager of the District (the "Amenity Manager") with certain discretionary authority to make certain expenditures and purchases and enter into certain limited agreements, contracts and proposals (collectively referred to herein· as, "Agreements") with contractors, consultants, and vendors (each a "Service Provider") with respect to services benefiting and on behalf of the District, provided that such an expenditure does not exceed established thresholds that the expenditure is contemplated; and

WHEREAS, the Board has determined that it is in the best interest of the public and the residents of the District to delegate such discretionary spending authority to the District Manager and Amenity Manager, which will provide for greater efficiency in the delivery of services required by the District, and will therefore benefit those residing within the boundaries of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MONTECITO COMMUNITY DEVELOPMENT DISTRICT, THAT:

Section 1.	The above recitals true and correct and by this reference are hereby incorporated into and made an integral part of this Resolution.

Section 2.   The Amenity Manager is hereby authorized to make certain expenditures and purchases, and enter into Agreements with Service Providers with respect to items benefiting the District, provided that each of the following conditions are satisfied:

The amount to be paid to any particular Service Provider does not exceed FIVE THOUSAND AND 00/100 ($5,000.00) Dollars, per Agreement.

DocuSign Envelope ID: 84013EB6-4566-4A04-A816-05298C303011

The expenditure for such services or purchase does not exceed that which is contemplated or designated for such service or purchase in the applicable fiscal year budget for the District. The recognized exception to this condition is if the District Manager determines that an emergency exists, which necessitates that a Service Provider be engaged immediately to prevent further damage or injury to persons or property for which the District would be responsible, in which the Amenity Manager would require the approval of the District Manager prior to execution of any Agreement.

The expenditure is within the District's power as reflected in Chapter 190, Florida Statutes, and is not contrary to any applicable statute, regulation, or District's Rules of Procedure.

Prior to execution of any Agreement on behalf of the District, the legal form of any Agreement has been reviewed and approved by District Counsel.

The term of any Agreement with a Service Provider does not exceed one (1) year.

The Amenity Manager shall procure three (3) proposals and engage the Service Provider with the least, most responsive proposal, unless the amount of the expenditure or purchase is $1,500 or less, in which the requirement for three (3) proposals is waived. If the Amenity Manager is unable to obtain three (3) proposals, the District Manager shall have the authority to waive this requirement.

Section 3,  The District Manager is hereby authorized to make certain expenditures and purchases, with respect to items benefiting the District, provided that each of the following conditions are satisfied:

The amount to be paid to any particular Service Provider does not exceed FIFTEEN THOUSAND AND 00/100 ($15,000.00) Dollars, per Agreement.

B.-  The expenditure for such services or purchase does not exceed that which is contemplated or designated for such service or purchase in the applicable fiscal year budget for the District. The recognized exception to this condition is if the District Manager determines that an emergency exists, which necessitates that a Service Provider be engaged immediately to prevent further damage or injury to persons or property for which the District would be responsible.

The expenditure is within the District's power as reflected in Chapter 190, Florida Statutes, and is not contrary to any applicable statute, regulation, or District's Rules of Procedure.

2

DocuSign Envelope ID: 84D13EB6-4566-4A04-A816-05298C303011

Prior to execution of any Agreement on behalf of the District, the legal form of any Agreement has been reviewed and approved by District Counsel.

The term of any Agreement with a Service Provider does not exceed one (1) year.

In the event of an emergency as determined by the District Manager and the need for critical and emergency repairs or purchases on behalf of the District, the District Manager shall have the authority to expend over $15,000 upon the written approval of the Board Chairperson, or in the absence of the Board Chairperson, the Board Vice Chairperson, only if the Board is unable to convene for an emergency meeting pursuant to the requirements of Florida law.

Section 4.  Any Agreement entered into in accordance with this Resolution shall be reported to the Board (a) by email from the District Manager to each Member of the Board, and
(b) at the next regularly scheduled meeting or special meeting of the Board. A copy of the Agreement shall be provided with the agenda materials distributed to the Board for purposes of Board ratification.

Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Section 6.  If any clause, section or other part application of this Resolution is held by a court of competent jurisdiction to be unconstitutional or invalid, in part or as applied it shall not affect the validity of the remaining portions or the applications of the Resolution.

Section 7.  This Resolution shall take effective immediately and shall remain in effect unless rescinded or repealed by the Board.
PASSED AND ADOPTED this $fl-day of_ V\:y,_r_;I ·.- ·•2023.

ATTEST:

MONTECITO COMMUNITY DEVELOPMENT DISTRICT

Secre1	/Assistant Secretary

By;_-_

-	L		_

Its:	 C,=-=- ._.,'t::...	

3

FIRST AMENDMENT TO LANDSCAPE/GROUNDS MAINTENANCE SERVICES AGREEMENT

THIS   FIRST   AMENDMENT   TO   LANDSCAPE/GROUNDS
MAINTENANCE SERVICES AGREEMENT, made and entered into this 	 day of December, 2023, by and between the MONTECITO COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, being situated in the City of Satellite Beach, Brevard County, Florida, whose mailing address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 (hereinafter “Owner” or “District”) and PROGREEN SERVICES, LLC, a Florida limited liability company, whose mailing address is 5450 10th Avenue North, Greenacres, Florida 33463 (hereinafter “Contractor”).

WITNESSETH:

WHEREAS, the District and Contractor entered into a Landscape/Grounds Maintenance Services Agreement, dated December 23, 2022 (the “Agreement”); and

WHEREAS, the parties mutually agree to update those provisions of the Agreement referencing the address of the District and to amend the Scope of Services, with respect to hedge/bush trimming heights.

NOW, THEREFORE, in consideration of the recitals, agreements and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

Section 1.  The recitals stated above are true and correct and by this reference are incorporated into and form a material part of this Agreement.

Section 2.   Section 14 of the Agreement, entitled “NOTICE” is hereby
replaced in its entirety with the following:

14.	NOTICE.

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

If to Owner:	Montecito Community Development District 2501A Burns Road
Palm Beach Gardens, Florida 33410 Attention: Frank Sakuma, District Manager

1
ProGreen Agmt 1st Amd Rev. 11-14-2023

Copy to:	Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
515 E. Las Olas Blvd., Suite 600 Fort Lauderdale, Florida 33301
Attention: Michael J. Pawelczyk, Esq.

If to Contractor:	ProGreen Services, LLC
5450 10th Avenue North Greenacres, Florida 33463 Attention: President

and to such other address as either party may direct by notice given to the other as hereinabove provided.

Notwithstanding the foregoing, any notice sent to the last designated address of the party to whom a notice may be or is required to be delivered under this Agreement shall not be deemed ineffective if actual delivery cannot be made due to a change of address of the party to whom the notice is directed or the failure or refusal of such party to accept delivery of the notice.

Section 3.	Section 18 of the Agreement, entitled “PUBLIC RECORDS” is
hereby amended to replace subsection C. in its entirety with the following:

18.	PUBLIC RECORDS.

…

IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, THE CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:

SPECIAL DISTRICT SERVICES, INC
2501A Burns Road
Palm Beach Gardens, Florida 33410 TELEPHONE: (561) 630-4922
EMAIL: bbarba@sdsinc.org

2
ProGreen Agmt 1st Amd Rev. 11-14-2023

Section 4.  Section 3.2.1 of the Scope of Services (Exhibit B to the Agreement) of the Agreement, entitled “Pruning” is hereby amended to replace subsection b. in in its entirety with the following:

3.2.1 Pruning.

…

b.   Shrubs shall be hand clipped to remove only the top excess growth. Hedge sheering shall not be performed until shrub rows are completely full and have obtained at least three (3) feet full height. Pruning sides of shrubs shall be avoided to allow the mass to naturally fill.

a.	Additional Specifications
i. Townhome Side Hedges – Kept at windowsill height along townhome walls
ii.  Coco Plums Along Lakes and common area access points –
maintained at 4’ Height
iii.  Wall Hedge Height Inside and Outside – maintained at 5’
Height
iv.  Privacy hedges and bushes behind homes and patios –
maintained at 6’ height
…

Section 5.	In all other respects not specifically amended by this First Amendment to Agreement, the Agreement shall remain in full force and effect.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

3
ProGreen Agmt 1st Amd Rev. 11-14-2023

IN WITNESS WHEREOF, the parties execute this First Amendment to Agreement and further agree that it shall take effect as of the Effective Date first above written.

Contractor:	Owner/District:

PROGREEN SERVICES, LLC,	MONTECITO COMMUNITY
5450 10th Avenue North	DEVELOPMENT DISTRICT,
Greenacres, FL 33463	2501A Burns Road
Palm Beach Gardens, FL 33410

By:		By:	
W. Clark Whidden, Jr., President/CEO		Catherine LeCesne, Chairperson Date:		Date:	

4
ProGreen Agmt 1st Amd Rev. 11-14-2023

DECLARATION OF GIFT
BILL OF SALE, AND ACCEPTANCE OF GIFT

KNOW ALL MEN BY THESE PRESENTS, CATHERINE LECESNE, an individual,
hereinafter called GRANTOR which term shall include the singular or plural as the context shall require, for and in consideration of and valuable consideration, delivered by MONTECITO COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, hereinafter called GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, donated, and delivered, and by these presents does grant, bargain, sell, transfer, donate, and deliver unto the GRANTEE, its successors and assigns, the following items, without any compensation therefor, which shall also be referred to as “Property”:

The kitchen appliances more particularly described as Exhibit “A”; attached hereto and made a part hereof

TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigns forever.
GRANTOR does covenant to and with the GRANTEE, its successors and assigns, that GRANTOR is the lawful owner of the above described; that said Property is free from all encumbrances; that GRANTOR has good right to sell the same aforesaid; that the GRANTOR will warrant and defend the sale of the said Property unto the GRANTEE, its successors and assigns, against the lawful claims and demands of all persons whomsoever. GRANTOR does hereby donate the Property, excluding the installation, to the GRANTEE and releases and assigns any rights, title, claims and interest which is may now or hereafter possess in any public use which is made of said Property. It is the intention of the GRANTOR to vest all incidents of absolute ownership in said Property in the GRANTEE from this date forward.

IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal this 	 day of 	, 2023.
WITNESSETH:	CATHERINE LECESNE, an individual

Print Name: 	

By: 		 Catherine LeCesne

Print Name: 	

STATE OF FLORIDA	}
COUNTY OF BREVARD	}

The foregoing instrument was acknowledged before me by means of [  ] physical presence or [ ] online notarization, this    day of 	, 2023, by Catherine LeCesne, an individual, who is personally known to me or has produced 		 as identification and did not (did) take an oath.

Notary Public, State of Florida [Signature]

My Commission Expires:

Name of Notary
[Typed, Printed or Stamped]

GRANTEE, the MONTECITO COMMUNITY DEVELOPMENT DISTRICT, a local
unit of special purpose government established pursuant to Chapter 190, Florida Statutes, expresses its gratitude and acknowledges receipt of the above Improvements from GRANTOR, CATHERINE LECESNE, and herby accepts said Appliances described herein.
WITNESSETH:
MONTECITO COMMUNITY

DEVELOPMENT DISTRICT, a local unit of Print Name: 		special purpose government established pursuant to
Chapter 190, Florida Statutes

Print Name: 		By: 	
		, Vice-Chairman Board of Supervisors

STATE OF FLORIDA	}
COUNTY OF BREVARD	}

The foregoing instrument was acknowledged before me by means of [  ] physical presence or	[  ]	online	notarization,	this			day	of		,	2023,	by
	, as Vice-Chairman of the Board of Supervisors, who is personally known to me or has produced 		 as identification and did not (did) take an oath.

Notary Public, State of Florida [Signature]

My Commission Expires:

Name of Notary
[Typed, Printed or Stamped]

Exhibit “A”

Page 53

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RESOLUTION 2023-22

A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE MONTECITO COMMUNITY DEVELOPMENT DISTRICT CLASSIFYING CERTAIN TANGIBLE PERSONAL PROPERTY OF THE DISTRICT, INCLUDING KITCHEN APPLIANCES FROM THE MONTECITO AMENITY CENTER, AS SURPLUS AND AUTHORIZING THE DISTRICT MANAGER TO SELL OR DISPOSE OF SAID PROPERTY AS EXPEDITIOUSLY AS POSSIBLE IN ACCORDANCE WITH CHAPTER 274, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Board of Supervisors of the Montecito Community Development District (collectively, the “District”) owns certain tangible personal property, including certain kitchen appliances utilized in the kitchen of the Montecito Amenity Center, as more fully described in Exhibit “A”, incorporated herein and made a part hereof (the “Property”); and
WHEREAS, said Property is no longer useful to the District and the continued use of such Property is no longer economical or efficient, or said Property no longer serves a useful function; and
WHEREAS, the District desires to classify and declare said Property on Exhibit “A” as surplus tangible personal property that is obsolete and for which, the continued use of which would be uneconomical, inefficient to maintain, or serves no useful function; and
WHEREAS, the District desires to authorize the District Manager to sell or dispose of said Property as appropriate and in accordance with Chapter 274, Florida Statutes, governing the disposal of surplus tangible personal property by local governments, including special districts; and
WHEREAS, the District finds it to be in the best interests of the District to dispose of the Property in accordance with this Resolution and Chapter 274, Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MONTECITO COMMUNITY DEVELOPMENT DISTRICT, THAT:

herein.

Section 1.	The above recitals are true and correct and incorporated herein as if set forth in full

Section 2.	The District hereby declares the Property as surplus tangible personal property and

determines that the continued use of such Property is uneconomical, inefficient to maintain, or serves no useful function.

Section 3.  The District Manager is hereby authorized to take the necessary and appropriate steps to sell at auction or dispose as appropriate and in accordance with Chapter 274, Florida Statutes, said Property.
Section 4.  All sections, or parts thereof, which conflict herewith, are, to the extent of such conflict, superseded and repealed. In the event that any portion of this Resolution is found to be unconstitutional or improper, it shall be severed herein and shall not affect the validity of the remaining portions of this Resolution.
Section 5.    This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE MONTECITO COMMUNITY DEVELOPMENT DISTRICT, THIS 13th DAY OF DECEMBER, 2023.

MONTECITO COMMUNITY DEVELOPMENT DISTRICT

Frank Sakuma, Secretary	Catherine LeCesne, Chair Board of Supervisors

EXHIBIT “A”

PROPERTY DECLARED SURPLUS

Item	Brand	Model No.	Serial No.	
Refrigerator	Kenmore Elite	25344503605	4A72714028	
Dishwasher	Kenmore Elite	Not visible	Not visible	
Microwave	Kenmore	72180523500	609TA01316	

				

				

				

Project Executive Summary – Example: Pond #2 Fountain Repair

What is being Requested at the Review Board?
Approval for repair of Pond ͓ʹ Fountain Repair

Why is Request/Change Required?
Provide the reason or issue for the Change Request: How was it discovered,
what went wrong, etc?
Ensure compliance with current standards/requirements/guidelines?
What has already been approved?
What is root cause (if applicable)?

Does this impact Governmental requirements?
Are there municipal/county/state/health requirements that need to be met
or are impacted?

What is the changing from the baseline?
Example: repairs required new parts.
	Old fountain is no longer manufactured or replacement parts are cost prohibitive.
New fountain requires additional infrastructure (i.e., new wiring).
What will this change help save or avoid?
Fountains add aesthetic appeal. Can be a selling point and add to property value, keeps some homeowner owners are happy.

Bottom Line Up Front (BLUF)

Cost Impact

Contract Cost:
Non-Recurring Cost/Expenses (NRE): Cost that occur once, such as
install labor and materials.
Recurring Cost: Cost that occur more than once, such as subscription,
replenishment, maintenance/dues.

Funding Source:
OƬ  Cost
Facilities
Capital Project

Propose Change/Update

Describe old ‹–‡� ሺ‹ˆ ƒ’’Ž‹…ƒ„Ž‡ሻ

   

Describe new ‹–‡� ሺ‹ˆ ƒ’’Ž‹…ƒ„Ž‡ሻ

IS

Cost Breakdown & Basis of Estimates (BOE)

Cost Breakdown – Table for all associated expenses related to project – may expand across multiple years, as
highlighted in reserve studies, inspection reports, and field assessment reports.

Project Reference	2023	2024	
Fountain Repair (Labor Supplier 1)		$1200	
Fountain Repair (Labor Supplier 2)	$2500		
Fountain Parts	$800		

BOE – Defines how the cost of the project or tasks was determined. In general, a submitted proposal or invoice is provided and used as the basis for the cost estimate.

Background & Impact

Provide any additional relevant background information.

What is the history of Pond 2 and the fountain?
Has it been repaired before, how many times?
Are there any studies conducted by suppliers?
Has a Root Cause been performed? How or why did it break?
Are there alternative solutions for the repair?
Is there repair required immediately, can it be delayed?

Determine if any additional items are impacted.

Who is effected? Does the repair impact residents or their property?
What else is effected? Does the the repair impact other infrastructures?

MANAGER’S REPORT MONTECITO CDD

Informational/Action Items completed:

General Admin, Maintenance, and repairs
The following items were addressed/ scheduled/ repaired:
Playground swing removed – 2 holes patched.
New Well was completed and connected.
Contract for new Clubhouse Controller executed.
Sod and Jasmine installation completed.
Worked with Satellite Beach on trees located at Montecito/Carlsbad/Simeon.
Continued working with City on Poinciana trees, attended meeting with arborist.
Removed “No Construction Vehicles” Signage.
Ordered Clubhouse Signs.
Updated Fire Chief with inspection items.
The fire panel was updated and stickered properly.
Changed out three bad emergency light fixtures.
Addressed issues with pole/clubhouse lighting.
Requested renderings for pillars at gate – attached.
Requested more references from Crosscreek and Solitude.
Fitness room AC – was repaired and seems to be working well.
Executed the new AC preventative maintenance program with Complete Air.
Contacted donation centers regarding appliances – have 2 available to pick up.
Met with electrical companies to review panel.
Had Fire System and Alarm System updated to reflect the correct name “The Montecito CDD”.
Holiday Décor/Tree were placed in Clubhouse.

Decisions for Board Members/estimates:

Priority – Electrical Panel – Pump station 2. Gualt $8,050.00 Durham $6,750.00 (prices subject to change due to the volutile market) Brevard electric $ Will send to board upon receipt.

Informational Items for Boards awareness:

Vesta Ticket system – Board members should now be receiving all tickets and status changes. Change executed on 11/28/23.

Meter for Well at pump station 2 is not functional. Requested assistance from the District Engineer Stef Matthes on this item. Montecito has a spare meter housed in the shed, however, is over 5 years old and will require calibration.
Cost to have appliances removed from the Kitchen by Vesta Maintenance, 2 techs at
$110 per hour.
Montecito Clubhouse roof – Followed up with Collis Roofing in November, they were waiting on their commercial division, and have Montecito Scheduled for December 12th start.
Secure Fencing – Delays in installation due to the storms in Florida the week of the 13th. Delivery of materials still has not occurred, they are in a waiting pattern and notified me on 11/28/23 that they are looking at another couple of weeks before the materials arrive. They have also encountered a labor shortage, which puts Montecito on schedule for the second week of December.
This issue is also occurring with the fencing around the new Well.
Homeowners are also encountering the same problem.
City of Satellite Beach met with ProGreen and the Arborist on site to review the application for removal of the Poinciana trees.
Based on the conversation at the meeting, the city arborist agrees with both arbor reports and will be advising the city. ProGreen is working with the city arborist on the next steps to get the permit. Anticipate resolution within the next couple weeks.
City arborist supplying list of FL native trees that can be used to put in place of the poinciana trees.
The city of Satellite beach will not approve removal of trees located on Montecito and Simeon/Carlsbad. They would like them pruned instead. ProGreen working on plan – arborist recommended cutting into the root ball, as the trees were not planted properly.
ProGreen completed the sod and jasmine installation on 12/1/23. The bushes on the beach lot were removed on 12/1/23, new bushes to be installed 12/7/23.
Requested Stark extermination come out to Montecito to address wasp nests on building and in shoreline so that ProGreen can have grasses trimmed in December. Stark can complete the work and will have to do it at dawn. Waiting on schedule.

Montecito Community Development District

Financial Report For November 2023

CONTENTS

TABLE OF CONTENTS

1 & 2	 General Fund Monthly Financial Report - November 2023 3, 4 & 5	Expenditures - October through November 2023
Debt Service Fund Monthly Financial Report - November 2023

Tax Collections - Fiscal Year 2023/2024

MONTECITO COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT
NOVEMBER 2023

REVENUES	
ANNUAL BUDGET 10/1/23 - 9/30/24	YEAR TO DATE ACTUAL
10/1/23 - 11/30/23	
O&M Assessments	956,658	156,710	
Debt Assessments	335,129	54,888	
Assessments - Direct Billed	0	0	
,nterest ,ncome	0	0	
Stormwater Control Cost Share	4,136	0	
Carryforward Surplus	0	0	
Total Revenues	$	1,295,923	$	211,598	
			
EXPENDITURES			
Administrative Expenditures			
Supervisor Fees	12,000	2,000	
Payroll Ta[es	0	153	
District (nginner	15,000	2,385	
Legal Fees	40,000	7,363	
District Management	58,300	9,000	
Continuing Disclosure	0	0	
Assessment Roll	5,300	0	
,nformation Technology	1,908	0	
Website Maintenance	1,272	800	
Auditing Services	5,000	0	
Arbitrage Rebate Calculation	450	0	
Trustee Fees	3,250	0	
Public Officials *eneral Liability ,nsurance	19,102	15,218	
Legal Advertising	3,000	0	
Dues, Licenses & Subscriptions	175	383	
Property Appraiser ([penditure	250	0	
Reimbursable ([penditures	1,200	0	
Contingency	2,400	159	
BanN Service Charges	0	62	
Postage and Delivery	0	645	
Office Supplies	0	400	
Total Administrative Expenditures	$	168,607	$	38,568	
			
EXPENDITURES			
Maintenance Expenditures			
Field Management			
Amenity and Field Management Contract	157,520	13,127	
Property ,nsurance	51,117	26,286	
(mployee - WorNers Comp	0	0	
ADP Fees	0	0	
Field Management Subtotal 	208,637	39,413	
			
Amenity Center Operations			
Repairs & Maintenance 1on-+9AC 	12,000	0	
+9AC Repairs & Maintenance	2,000	1,953	
Office Supplies	1,500	90	
Janitorial Supplies	1,850	0	
Janitorial Services	12,540	4,170	
Pest Control & Termite Bond	1,203	0	
Fitness (quipment Repairs & Maintenance	3,000	0	
Playground Repairs & Maintenance	1,000	0	
Pool Service Repairs & Maintenance	15,000	5,844	
Amenity Telephone	0	0	
Amenity Center Operations Subtotal	50,093	12,057	
			
Irrigation			
,rrigation Repairs & Maintenance	25,000	0	
,rrigation Monitoring	6,388	11,898	
+oover Pumps Repairs & Maintenance	17,500	4,198	
Irrigation Subtotal	48,888	16,096	
			
Stormwater Control			
Aquatic Maintenance & Repairs	12,430	1,584	
Fountain Service Repairs & Maintenance	9,000	5,038	
Stormwater Control Subtotal	21,430	6,622	
			
Landscaping			
Landscaping Contracted Services	103,425	20,186	
Additional Landscaping Repairs & Maintenance	20,000	0	

MONTECITO COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT
NOVEMBER 2023

REVENUES	
ANNUAL BUDGET 10/1/23 - 9/30/24	YEAR TO DATE ACTUAL
10/1/23 - 11/30/23	
(ntrance Amenity Plant Replacemen	2,400	0	
Mulch	15,000	0	
Palm Tree Maintenance	14,700	0	
Oak Tree Maintenance	6,825	0	
Landscaping Subtotal	162,350	20,186	
			
Common Areas, Right of Ways & Perimeter Walls			
Street Light Repairs & Maintenance	9,000	0	
(ntrance 9ehicular Gates Repairs & Maintenance	7,760	0	
Pedestrian (ntry Gates & Walls Maintenance	8,000	0	
Common Area Repairs & Maintenance	6,000	609	
Sidewalk Cleaning	8,000	0	
Commons Areas, Right of Ways & Perimeter Walls Subtotal	38,760	609	
			
Security Monitoring Services			
Fire Detection Services	2,432	1,250	
Access Control Services	2,918	0	
 ntrusion Services	1,780	0	
Security Monitoring Repairs & Maintenance	2,500	0	
Security Monitoring Services Subtotal	9,630	1,250	
			
Utilities			
(lectric Services	54,394	0	
Telephone, Fax & nternet	3,946	0	
Water & Sewer Services	4,000	0	
Gate Kiosk nternet Services	2,850	0	
Utilities Subtotal	65,190	0	
Other			
Contingency Miscellaneous (xpenditures	10,000	18,821	
Other Subtotal	10,000	18,821	
			
Total Operations & Maintenance Expenditures	$	614,978	$	115,054	
			
Total Expenditures	$	783,585	$	153,622	
			
Other Financing Uses			
Capital Reserve Transfer Out	59,810	0	
Disaster Reserve Transfer Out	30,000	0	
Roadway Reserve Transfer Out	30,000	0	
Total Other Financing Uses	119,810	0	
			
Total Expenditures & Reserves	903,395	153,622	
			
REVENUES LESS EXPENDITURES	$	392,528	$	57,976	
			
Bond Payments	 315,021 	 51,587 	
			
BALANCE	$	77,507	$	6,389	
			
County Appraiser & Tax Collector Fee	 25,836 	 4,269 	
Discounts For (arly Payments	 51,671 	 8,669 	
			
EXCESS/ SHORTFALL 	$	-	$	 6,549 	
			
Carryover From Prior Year	0	0	
			
NET EXCESS/ SHORTFALL 	$	-	$	 6,549 	

Cash & Money Market Bank Balance As Of 11/30/23	$	334,371.35	
Truist Reserve Accounts As Of 11/30/23	$	325,047.42	
Accounts Payable As Of 11/30/23	$	127,471.88	
Accounts Receivable As Of 11/30/23	$	-	
Capital Reserve As Of 11/30/23	$	264,592.00	
Roadway Reserve As Of 11/30/23	$	149,710.00	
Available Funds As Of 11/30/23	$	117,644.89	

Montecito Community Development District
Expenditures
October through November 2023

	Date		Invoice 		Vendor		Memo		Amount	
Expenditures
01-1301 • Supervisor Fees	

11/17/2023		

PR 11 08 23				

mtg 10 11 23 & 11 08 23 ck 11 20 23 Catherine L, George +, TanMa G, Richard W, Eric S 		

2,000 00	
Total 01-1301 • Supervisor Fees									2,000 00	
01-1310 • Engineering										
	10/31/2023		98230		Culpepper Terpening nc 		Professional Services through October 31, 2023		2,385 00	
Total 01-1310 • Engineering									2,385 00	
01-1311 • Management Fees										
	10/31/2023		2023-1335		Special District Services		Management Fee Oct 2023		4,500 00	
	11/30/2023		2023-1674		Special District Services		Management Fee 1ov 2023		4,500 00	
Total 01-1311 • Management Fees									9,000 00	
01-1315 • Legal Fees										
	10/31/2023		183890		Billing, Cochran, Lyles, Mauro & Ramsey		Legal Fees Oct 2023		7,362 50	
Total 01-1315 • Legal Fees									7,362 50	
01-1450 • Insurance (Liability)										
	10/01/2023		20346		Egis nsurance Advisors		Policy 100123654 10/01/2023-10/01/2024 Acct 486		15,218 00	
Total 01-1450 • nsurance Liability 									15,218 00	
01-1451 • Property Insurance										
	10/01/2023		20346		Egis nsurance Advisors		Policy 100123654 10/01/2023-10/01/2024 Acct 486		26,286 00	
Total 01-1451 • Property nsurance									26,286 00	
01-1511 • Bank Service Charges										
	11/17/2023		1422		Truist Bank		PAYME1T FEE		39 00	
	11/17/2023		1422		Truist Bank		P8RC+ASE F 1A1CE C+ARGE 		22 74	
Total 01-1511 • Bank Service Charges									61 74	
01-1512 • Miscellaneous										
	11/17/2023		PR 11 08 23				mtg 10 11 23 & 11 08 23 ck 11 20 23 Catherine L, George +, TanMa G, Richard W, Eric S 		53 25	
	11/30/2023		2023-1674		Special District Services		Travel Oct 2023		95 63	
	11/30/2023		2023-1674		Special District Services		Charge Back Certified Mail		10 26	
Total 01-1512 • Miscellaneous									159 14	
01-1513 • Postage and Delivery										
	11/30/2023		2023-1674		Special District Services		FedEx Oct 2023		645 46	
Total 01-1513 • Postage and Delivery									645 46	
01-1514 • Office Supplies										
	10/31/2023		2023-1335		Special District Services		Copier Sept 2023		41 40	
	11/30/2023		2023-1674		Special District Services		Copier Oct 2023		320 25	
	11/30/2023		2023-1674		Special District Services		Meeting Books Oct 2023		40 00	
Total 01-1514 • Office Supplies									401 65	
01-1540 • Dues, License & Subscriptions										
	10/02/2023		88833		Dept of Economic Opp, Bureau of		Fiscal Year 2023 2024 Special District State Fee nvoice		175 00	
	10/17/2023		1422		Truist Bank		Mailchimp		26 50	
	10/17/2023		1422		Truist Bank		C TY OF SATELL TE BEAC+ - Golf Cart Licensing		154 50	
	11/17/2023		1422		Truist Bank		Mailchimp		26 50	
Total 01-1540 • Dues, License & Subscriptions									382 50	
01-1570 • Website Maintenance										

Montecito Community Development District
Expenditures
October through November 2023

	Date		Invoice 		Vendor		Memo		Amount	
	10/31/2023		2023-1335		Special District Services		Website Fee Oct 2023		300 00	
	11/01/2023		414431		9esta Property Services, nc 		General ManagerFacilities AttendantWebsite Maintenance		200 00	
	11/30/2023		2023-1674		Special District Services		Website Fee Nov 2023		300 00	
Total 01-1570 • Website Maintenance									800 00	
01-1801 • Landscaping Maintenance										
	10/01/2023		18102		Progreen Services Llc		Monthly Landscape Maintenance Service Oct 2023		6,500 00	
	10/10/2023		18213		Progreen Services Llc		Provide labor and material to remove 1 Royal Palms including		1,500 00	
	10/30/2023		18312		Progreen Services Llc		Provide labor and material to complete required repairs fromoutage on 10/4/23 		3,141 00	
	10/31/2023		18472		Progreen Services Llc		Provide labor and material to repair mainline and replace 12 valveboxes on 10/12/23		1,154 07	
	10/31/2023		18473		Progreen Services Llc		Provide labor and material to make all needed repairs during the Oct 2023 irrigation inspection 		1,390 50	
	11/01/2023		18431		Progreen Services Llc		Monthly Landscape Maintenance Service Nov 2023		6,500 00	
Total 01-1801 • Landscaping Maintenance									20,185 57	
01-1807 • Lake Maintenance										
	10/11/2023		31393A		Fountain Design Group nc 		CONTROL PANEL PADLOCK TECHN C AN NSTALLED NEW CONTROL PANEL LOCKS		280 02	
	10/18/2023		455620		ECOR ndustries		Aquatic Weed Control Service-		530 00	
	11/13/2023		31720A		Fountain Design Group nc 		 NTERMAT C T MER T-101TECHN C AN NSTALLED A NEW T MER		244 31	
	11/18/2023		457634		ECOR ndustries		Aquatic Weed Control Service-Nov 2023		530 00	
Total 01-1807 • Lake Maintenance									1,584 33	
01-1815 • Maintenance Contingency										
	10/10/2023		334056		Collis Roofing nc 		1st draw Commencement		18,821 00	
Total 01-1815 • Maintenance Contingency									18,821 00	
01-1817 • Fire Detection Services										
	10/19/2023		505301		Sonitrol of Tallahassee		Customer Number R5C002107 Replaced batteries in smoke detector and pull station		59 00	
	10/25/2023		506156		Sonitrol of Tallahassee		Fire Alarm Test & nspectionAccess Control Services Fire Services ntrusion Services11/01/2023 - 		565 92	
	10/31/2023		501904		Sonitrol of Tallahassee		Montecito Community - 208 Montecito Drive, Satellite Beach, FL Fire Alarm Test & nspection		565 92	
	11/07/2023		508757		Sonitrol of Tallahassee		Montecito Community - 208 Montecito Drive, Satellite Beach, FLTrip Charge		59 00	
Total 01-1817 • Fire Detection Services									1,249 84	
01-1829 • Fountain Repairs & Maint										
	11/13/2023		31721A		Fountain Design Group nc 		LAKE PAC F CA NSTALLAT ON OF A NEW 5HP		5,038 00	
Total 01-1829 • Fountain Repairs & Maint									5,038 00	
01-1831 • Irrigation Monitoring										
	10/01/2023		2112		 nsight rrigation Monitoring		MonitoringMonitoring irrigation clocks and Hoover Pumps		499 00	
	10/23/2023		2135		 nsight rrigation Monitoring		Consulting rrigation Analysis and nspection of Montecito rrigation System		4,000 00	
	10/23/2023		2136		 nsight rrigation Monitoring		Consulting East Controller Replacement		6,900 00	
	11/01/2023		2153		 nsight rrigation Monitoring		MonitoringMonitoring irrigation clocks and Hoover Pumps at Montecito 		499 00	
Total 01-1831 • rrigation Monitoring									11,898 00	
01-1833 • Hoover Pumps - Repairs										
	11/09/2023		176874		Hoover Pumping Systems Corporation		8563-Montecito Phase 2C PM 8563		4,198 33	
Total 01-1833 • Hoover Pumps - Repairs									4,198 33	
01-1836 • Common Area Repairs & Maint										
	10/09/2023		09-15314		GA8LT ELECTR C LLC		10/6/2023 REPLACED DEFECT 9E LAMP N L GHT		238 50	
	10/17/2023		1422		Truist Bank		LOWES - Lighting		-14 94	
	10/17/2023		1422		Truist Bank		LOWES - Lighting		16 03	
	10/17/2023		1422		Truist Bank		 ND AN HARBO8R BEACH		7 05	

Montecito Community Development District
Expenditures
October through November 2023

	Date		Invoice 		Vendor		Memo		Amount	
	10/17/2023		1422		Truist Bank		LOWES - Lighting		52 32	
	10/17/2023		1422		Truist Bank		LOWES - Lighting		9 26	
	10/17/2023		1422		Truist Bank		AMA=ON - Lighting		258 99	
	11/17/2023		1422		Truist Bank		LOWES - Lighting		12 98	
	11/17/2023		1422		Truist Bank		LOWES - Lighting		28 71	
Total 01-1836 • Common Area Repairs & Maint									608 90	
01-1852 • Facility A/C & Heating R&M										
	11/15/2023		i10140		Complete Air and Heat nc		quarterly maintenance (agreement goodfor 1 year) on 4 A/C systems at clubhouse 		1,700 00	
	11/17/2023		1422		Truist Bank		Complete Air and Heat SATELL TE BCHFL		252 78	
Total 01-1852 • Facility A/C & Heating R&M									1,952 78	
01-1853 • Amenity Ctr Office Supplies										
	10/17/2023		1422		Truist Bank		Staples - Paper Towels		36 57	
	11/17/2023		1422		Truist Bank		Staples - Paper Towels		36 57	
	11/17/2023		1422		Truist Bank		Am]n com/billWA		16 89	
Total 01-1853 • Amenity Ctr Office Supplies									90 03	
01-1855 • Amnty Ctr Janitorial Svs										
	10/30/2023		1580039669		Coverall North America		Special Commercial Cleaning Service - Deep scrub andwash all pool cushions		1,510 00	
	11/01/2023		1580039774		Coverall North America		Commercial Cleaning Services - Nov 2023		2,660 00	
Total 01-1855 • Amnty Ctr Janitorial Svs									4,170 00	
01-1856 • Pool Service Contr & Repairs										
	10/03/2023		205276		Brevard Pools nc 		 NSTALL NEW HAYWARD CAT2000 CHEM CAL CONTROLLER		4,495 00	
	10/17/2023		1422		Truist Bank		PALM CAS8AL F8RN T8RE - Repairs To Pool 8mbrellas		570 00	
	10/17/2023		1422		Truist Bank		PALM CAS8AL F8RN T8RE - Repairs To Pool 8mbrellas		60 00	
	10/17/2023		1422		Truist Bank		BATTER ES PL8S - Pool Lift Battery		75 98	
	11/01/2023		206207		Brevard Pools nc 		November 2023 maintenance Revised		643 00	
Total 01-1856 • Pool Service Contr & Repairs									5,843 98	
01-1862 • Amenity and Field Mgmt Contract										
	11/01/2023		414431		9esta Property Services, nc 		General ManagerFacilities AttendantWebsite Maintenance		10,735 00	
Total 01-1862 • Amenity and Field Mgmt Contract									10,735 00	
01-1863 • Facilities Attendant										
	11/01/2023		414431		9esta Property Services, nc 		General ManagerFacilities AttendantWebsite Maintenance		2,391 67	
Total 01-1863 • Facilities Attendant									2,391 67	
01-1901 • Employee-P/R Taxes										
	11/17/2023		PR 11 08 23				mtg 10 11 23 & 11 08 23 ck 11 20 23 (Catherine L, George H, Tanja G, Richard W, Eric S)		153 00	
Total 01-1901 • Employee-P/R Taxes									153 00	
Total Expenditures									153,622.42	

Montecito Community Development District
Debt Service (Series 2022) Profit & Loss Report November 2023

	

Annual Budget
10/1/23 - 9/30/24	

Actual Nov-23	Year To Date Actual
10/1/23 - 11/30/23	
Revenues				
Interest Income (DS)	0	515	1,011	
NAV Tax Collection	315,021	0	51,587	
Bond Prepayments	0	0	0	
Total Revenues	$	315,021	$	515	$	52,598	
				
Expenditures				
Principal Payments	205,000	0	0	
Interest Payments	110,021	55,641	55,641	
Bond Redemption	0	0	0	
Total Expenditures	$	315,021	$	55,641	$	55,641	
				
Excess/ (Shortfall)	$	-	$	(55,126)	$	(3,043)	

127,097.60

$

Debt Service Fund Balance As Of 9/30/23

Revenue Fund Balance As Of 11/30/23	$	39,322.53	

Reserve Fund Balance As Of 11/30/23	$	33,145.14	

A/R Non Ad Valorem Receipts Balance As Of 11/30/23	$	51,587.30	

Total Debt Service Fund Balance As Of 11/30/23	$	124,054.97	

3,544,000

$

Series 2022 Bond Balance As Of 11/30/23

MONTECITO CDD TAX COLLECTIONS 2023/2024

#	

ID#	

PAYMENT FROM	

DATE	

FOR	

Tax Collect Receipts	

Interest Received	

Commissions Paid	

Discount	

Net From Tax Collector	O & M Assessment Income (Before Discounts & Fee)	Debt Assessment Income (Before Discounts & Fee)	O & M Assessment Income (After Discounts & Fee)	Debt Assessment Income (After Discounts & Fee)	

Debt Assessments Paid to Trustee	
									$1,291,787.00	$956,658.00	$  335,129.00	$956,658.00	$  335,129.00		
									$1,214,279.00	$899,258.00	$  315,021.00	$899,258.00	$  315,021.00	$	315,021.00	
1	1	Brevard County Tax Collector	11/20/23	NAV Taxes	$	16,074 19		$	(304 51)	$	(848 48)	$	14,921 20	$	11,904 54	$	4,169 65	$	11,050 60	$	3,870 60	$	3,870 60	
2	2	Brevard County Tax Collector	11/28/23	NAV Taxes	$  195,525 05		$	(3,754 09)	$ (7,820 87)	$  183,950 09	$  144,805 85	$	50,719 20	$  136,233 39	$	47,716 70	$	47,716 70	
3		Paid To Brevard County Property Appraiser	12/05/23	Property Appraiser Fee			$	(210 50)		$	(210 50)			$	(210 50)		$	-	
4									$	-					$	-	
5									$	-					$	-	
6									$	-					$	-	
7									$	-					$	-	
8									$	-					$	-	
9									$	-					$	-	
10									$	-					$	-	
11									$	-					$	-	
12									$	-					$	-	
13									$	-					$	-	
14									$	-					$	-	
15									$	-					$	-	
16									$	-					$	-	
					$  211,599 24	$	-	$	(4,269 10)	$ (8,669 35)	$  198,660 79	$  156,710 39	$	54,888 85	$  147,073 49	$	51,587 30	$	51,587 30	

Note: $1,291,787, $956,658 and $335,129 are 2023/2024 Budgeted assessments before discounts and fees 
23/24 Assessment Roll:	$1,214,279, $899,258 and $315,021 are 2023/2024 Budgeted
$1,291,786.57	assessments after discounts and fees 

O&M:	$956,657.81			
Debt:	$335,128.76	$  211,599 24		
	$1,291,786.57	$	-	$  198,660 79	
		$ (156,710 39)	$ (147,073 49)	
		$  (54,888 85)	$  (51,587 30)	
		$	-	$	-