Old Hickory Community Developnient District

Agenda June 1, 2020

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Monday June 1, 2020
1:00 PM

Old Hickory Community Development District
Organizational Meeting Agenda
Zoom: htt s· zoom.us · 96143980019 Dial In Number: 646-876-9923 Meeting ID: 96143980019

Introduction
Call to Order
Public Comment Period
Oath of Office
Organizational Matters
Confirmation of Notice of Meeting
Information on Community Development Districts and Public Official Responsibilities and Florida Statues Chapter 190
Election of Officers
. Consideration of Resolution 2020-01 Designating Officers
2, Consideration of Resolution 2020-02 Designating Treasurer &
Assistant Treasurer
Retention of District Staff
A Consideration of Contract for District Management Services
Consideration of Appointment of District Counsel
Consideration of Resolution 2020-03 Designating a Registered Agent and Office
Request Authorization to Issue RFQ for Engineering Services
Designation of Meetings and Hearing Dates
A. Designation of Regular Month!y Meeting Date, Time and Location
8. Designation of Landowner's Meeting Date, Time and Location
Designation of Date of Public Hearing to Adopt Rules of Procedure in
accordance with Section 120.54, Florida Statutes
Consideration of Resolution 2020-04 Setting a Public Hearing to Consider the Proposed Rules of the District
Designation of Date of Public Hearing on the Budget for Fiscal Year 2020

Old Hickory CDD	2

Consideration of Resolution 2020-05 Setting the Public Hearing and Approving the Proposed Fiscal Year 2020 Budget
Approval of the Fiscal Year 2020 Developer Funding Agreement
Designation of Date of Public Hearing on the Budget for Fiscal Year 2021
Consideration of Resolution 2020-06 Setting the Public Hearing and Approving the Proposed Fiscal Year 2021 Budget
Designation of Date of Public Hearing Expressing the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments in accordance with Section 197.3632,  Florida Statutes
Other Organizational Matters
Selection of District Depository
Authorization of Bank Account Signatories
Consideration	of	Resolution  2020-07  Relating	to  Defense  of	Board Members
Consideration of Resolution 2020-08 Authorizing District Counsel to Record the "Notice of Establishment'' in the Property Records of Osceola County in accordance with Chapter 190.0485, Florida Statutes
Consideration of Resolution 2020-09 Adopting Investment Guidelines
Consideration of Resolution 2020-10 Authorizing Execution of Public Depositor Report
Consideration of Resolution 2020-11 Designating a Policy for Public Comment
Consideration	of	Resolution	2020-12	Adopting	a	Travel	and Reimbursement Policy
Consideration of Resolution 2020-13 Adopting a Records Retention Policy
Consideration of Resolution 2020-14 Approving an Interlocal Agreement
with City of St. CJoud
Consideration of Compensation of Board Members
Selection of District Records Office Within Osceola County
Consideration of Website Services Agreement

Old Hickory COD	3

Authorization to Prepare Public Facilities Report in Accordance with Chapter 189.08 Florida Statues to Coincide with Special District Filing Date of August 1st for Osceola County
Capital Improvements
A Appointment of Financing Team
Bond Counsel
Interim Engineer
Underwriter
Assessment Administrator
Trustee
B. Approval of Financing Team Funding Agreement
Financing Matters
Consideration of Resolution 2020-15 Authorizing the Issuance of Bonds and Authorizing the Commencement of Validation Proceedings
Imposition of Assessments
Consideration of Master Engineers Report
Consideration of Master Assessment Methodology
Consideration of Resolution 2020-16 Declaring Special Assessments
Consideration of 2020-17 Setting a Public Hearing for Special Assessments
Business Items
A Consideration of an Acquisition Agreement
Other Business
Staff Reports
Attorney
Manager
Supervisors Requests
Approval of Funding Request No. 1
Adjournment

S ECTION II

S ECTION A

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Orlando Sentinel
May 25, 2020
Miscellaneous Notices

NOTICE OF ORGANIZATIONAL MEETING OLD HICKORY COMMUNITY DEVELOPMENT
DISTRICT The organizational meeting of the Board of Supervisors of the Old Hickory Community Development District will be held on June 1, 2020 at 1:00 PM to be conducted by the following means of communications media technology: Zoom Video Communications (URL: zoom .us). Currentl y there is in place federal, state, and local emergency declarations (Declarations). ln the event the Declarations remain in effect and if future orders or declarations so authorize, the meeting will be conducted remotely, using communications media technology
pursuant to Executive Orders 20-52 and 20-69 issued by Governor Desantis on March 9, 2020, and March 20, 2020 (as extended by Executive Order 20-112), as such orders may be extended, respectively, and pursuant to Section 120.54(5)(b)2., Florida Statutes. If conditions allow the meeting to occur in person, the meeting will be held at the Oasis Club at ChampionsGate, 1520 Oasis Club Blvd., ChampionsGate, FL 33896. Information regarding participation in any remote hearing may be found by contacting the District Manager at 407- 841-5524. Anyone wishing to participate in the meeting telephonically on the above date and time must call (646) 876-9923 and when prompted, enter webinar ID: 961-4398-0019 or via computer at https://zoom.us/j/96143980019. Additional information regarding this meeting may be obtained by contacting the District Manager, George Flint, at gflint@gmscfl.com or by calling 407-841-5524. The purpose of the meeting is to elect certain District officers, consider the appointment of staff to include but not limited to manager, attorn ey, engineer and others as deemed appropriate by the Board of Supervisors; to consider the services to be provided by the District and the financing plan for same; to appoint a team for purposes of issuing special assessment bonds and consider the associated funding agreement; and to conduct other business that may come before the Board.While it may be necessary to hold the above referenced meeting of the Districts Board of Supervisors utilizing communications media technology due to the current COVID-19 public health emergency, the District fully encourages public participation in a safe and efficient manner. Toward that end, participants are strongly encouraged to submit questions and comments to the District Manager at gflint@gmscfl.com by Friday, May 29, 2020 at 10:00 a.m. in advance of the meeting to facilitate the Boards consideration and/or discussion of such questions and comments during the meeting.
Participants may also submit questions or comments to the District Manager by telephone by
calling 407-841-5524 by the same time noted above.Themeeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts . A copy of the meeting agenda may be obtained from the District Manager at 219 E.
Livingston Street, Orlando, FL 32801. The meeting may be continued to a date, time, and place

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as evidenced by motion of the majority of Board Members participating. There may be occasions when one or more Supervisors will participate by telephone. Pursuant to provisions of the Americans with Disabilities Act , any person requiring special accommodation to participate in this meeting is asked to advise the District Office at (407) 841-5524 at least forty­ eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service (800) 955-8770, who can aid you in contacting the District Office. As indicated above, this meeting will be conducted by media communications technology. Anyone requiring assistance in order to obtain access to the telephonic, video conferencing, or other communications media technology being utilized to conduct this meeting should contact the District Managers Office. at least forty-eight (48) hours prior to the meeting. Similarly, any person requiring or that otherwise may need assistance accessing or participating in this meeting because of a disability or physical impairment is strongly encouraged to contact the District Managers Office at least forty-eight (48) hours in advance so that arrangements may be made. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. George S. Flint District Manager Governmental Management Services Central Florida, LLC OS 6681695 5/25/2020

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SECTION 8

COMMUNITY DEVELOPMENT DISTRICTS

Q:	What is a community development district?

A:  A  community  development  district  (CDD)  is   an   independent   special- purpose unit of local government created pursuant to and  governed  by  Chapter  190,  Florida Statutes. CDDs offer an attractive and cost-effective means of providing for the financing and management of major infrastructure systems and services to support the development of new communities  throughout  the  State.  When  used  effectively,  CDDs can help to  spread  out  development  costs,  meet  the  concerns  of  permitting  agencies with respect to long-term maintenance of infrastructure, provide access to sources of increasingly scarce capital, and work cooperatively with otl.-1er local  governments struggling to avoid politically unpopular tax increases.

Q:	What powers are CDDs permitted to exercise?

As special-purpose local governments, CDDs possess certain legal powers similar to cities and counties, such as the right to enter into contracts, to acquire and dispose of real and personal property, to adopt rules and regulations, and to obtain funds either by borrowing, issuing bonds, or levying non-ad valorem assessments and taxes. CDDs also have certain special powers relating to public improvements and community facilities.

All of these special powers, however, are authorized subject to the regulatory jurisdiction and permitting authority of all applicable governmental  bodies,  agencies, and special districts having authority with respect to any area included within the district's external boundaries. Indeed, CDDs do not have zoning, permitting, or comprehensive planning powers. The creation of a CDD does not change any requirements for governmental approvals of any activities or construction within the district. Planning, environmental and land development regulations apply to all development and construction within the CDD regardless of who undertakes  the  activity.

Q:	How are CDDs governed?

A: CDDs are  governed  by  a  five-member  board  of  supervisors  elected initially by district landowners on a one-acre/ one-vote basis. Any fraction of an acre is treated as one acre, entitling the owner to one vote. Commencing no sooner than six  years following creation of the district, and only after there are at least 250 qualified electors, supervisors whose terms are expiring will begin to be elected by qualified electots of the district. A "qualified elector" is any person at least 18 years of  age who is a United States citizen, a legal resident of Florida and of the district, and who is registered to vote with the supervisor of elections in  the county  in whkh  the district  land is located. Elections are held every two years on the first Tuesday in November.

Board meetings must be noticed in a local newspaper and are always conducted in a public forum. Subject to the requirements of the public records law, CDDs must make district records available for public inspection during norm.al business hours. The supervisors, themselves, are subject to the same financial disclosure requirements as are other local elected officials. These and other requirements related to public oversight of district activities make CDDs particularly visible in the relation to other entities exercising responsibility for the development of community infrastructure and services.

District supervisors are statutoiily entitled to receive for their services an amount not to exceed $200 per meeting. Each supervisor's maximum annual compensation is
$4,800 plus standard state travel and per diem, unless a higher compensation is approved by a referendum of the district's electors. A district manager, who is appointed by the board of supervisors, oversees the day-to-day operation of the district.

Q:	How is a CDD different than other kinds of special districts and homeowners' associations?

A: While other kinds of special districts and homeowners' associations may address certain issues, none of them have the range of powers and options accorded CDDs. In addition to their inability to effectively finance major capital improvements, homeowners' associations generally do not meet regulatory agency requirements for stable, perpetual entities for long-term maintenance of permitted infrastructure. Other kinds of districts have only a limited range of available powers. CDDs, on the  other hand, are perpetual entities with extensive financing capabilities, and, as noted previously, are statutorily permitted to exercise a list of general and special powers.

Q:	How are district non-ad valorem special assessments determined?

A:    Each property owner will pay an annual assessment  to the district  based    on two component costs. One is the fixed amount required to  amortize  the  debt assessed against each lot, parcel or acre for the facilities acqufred or constructed by the district. The other is an annual assessment for district operations and maintenance of district facilities. The annual installment amount may vary in relation to the size and location of the property, and to the infrastructure benefit allocated to the property assessed. Each year, the district board of supervisors holds a public hearing to set its budget and the level of ass essments. Consequently, district residents will know each year's assessment in ad van ce.

Q:	How are defaults on CDD assessments handled?

A; The law governing CDDs permits districts to utilize special assessments in which the debt obligation is assigned to each lot, tract or parcel on a pro rata basis according to the benefit received from the facilities which are provided by the district. CDDs may use the procedure for levying and collecting assessments provided in either Chapter 170 or Chapter 197, Florida Statutes. The remedies available to the District

under each method are slightly different. However, in either case, if there is a default by an owner of property within a CDD the bond holders are permitted to look only to the defaulting property for recovery of the delinquent assessment. Chapter 190 specifically provides that the local general  purpose  government  is not responsible  for debt issued by a COD. See 190.002(3) and 190.016(15), Florida Statutes.

Q:	Are CDDs permitted to issue general obligation bonds and levy ad valorem taxes?

A: District boards  have the  power  to issue general obligation  bonds  and  to  levy and assess ad valorem taxes subject to referendum approval. Issuance of general obligation bonds is limited to financing or refinancing capital projects or to refunding outstanding bonds in an aggregate principal amount of bonds outstanding at any  one  time not in excess of 35 percent of the assessed value of the taxable property within the district. An ad valorem tax levied for operating purposes, exclusive of debt service on bonds, is limited to three mills. When authorized by a  local  general  purpose government to exercise one or more of the special powers noted  previously,  districts may levy an additiona1 two mills. In the event a CDD exercises its ad valorem taxing power, landowner election of supervisors will no longer be permitted.  Prior  to  exercising such power, all board members must be elected by qualified electors of the district.

Q:	What about revenue bonds?

A; Districts  may  issue revenue  bonds  without  limitation  as  to amount  and may do so without referendum approval. Revenue bonds may be secured, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects, from the rates, fees, or other charges to be collected from the users of any project or projects, from any revenue producing undertaking or activity of the district, from special assessments, or from any other source or pledged security. All bonds issued by CDDs must be secured by a trust agreement, and any bonds maturing over a period of more than five years must be validated and confirmed by court decree (excluding refunding bonds).

Q:	What are district rates, fees and charges?

A; CDDs are authorized, after a public hearing, to prescribe fix, establish, and collect rates, fees, rentals, or other charges for the facilities and services furnished by the district. Florida law provides that  these revenues  must be uniform,  just and equitable for users of the same class . Additionally, if a CDD furnishes water management and control facilities or water and sewer and facilities, all lands, buildings,  premises,  persons, firms, and corporations within the district will be required to use them.

Q:	"What kinds of disclosures are required with respect to the sale of real property within CDDs?

A: CDDs are required by statute to take affirmative steps to provide full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. This information  must  be made available to all existing residents of the district and to all prospective residents. Moreover, the CDD is required to furnish developers of any residential development within the district enough copies of this information for distribution to each prospective purchaser. In addition, developers of residential developments within the district, when required by law to provide a public offering statement, must include a copy of information relating to public financing and maintenance of improvements in the public offering statement. Finally,  Florida law requires that all contracts for sale of  land within a CDD must include the following language:

THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXFS AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN  PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND ALL OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.

This disclosure language must appear in boldfaced and conspicuous  type  which  is larger than the type in the remaining text of the contract and must be situated immediate!y prior to the space reserved in the contract for the signature  of  the purchaser. Additionally, this language must be recorded in the property records of the county in which the CDD is located as part of the CDD's duty to give notice of establishment of the district.

Q:	Will the CDD continue indefinitely as a special-purpose local government responsible for the lands presently encompassed by the district?

A: Ordinarily, a CDD will remain in existence indefinitely less it is merged with another district, is dissolved, or unless all of the specific community development services it has been authorized to perform are transferred to a general-purpose unit of local government. A transfer of services is accomplished by adoption of an ordinance demonstrating the ability of the local general-purpose government to provide the service as efficiently and economically as the district, and at a level of quality equal to or higher than the level of quality actually delivered by the district.

Select Year:	2019

The 2019 Florida Statutes

Title XIH
PLANNING AND DEVELOPMENT

   pter 190
COMMUNITY DEVELOPMENT DISTRICTS
CHAPTER 190 COMMUNITY DEVELOPMENT DISTRJCTS

View Entire ChaD_w:

Short title.
Legislative findings, policies, and intent.
Definitions.
Preemption; sole authority.
Establishment of district.
Board of supervisors; members and meetings .
Board of supervisors; general duties.
Budget; reports and reviews.
Disclosure of public financing.
General powers.
Special powers; public improvements and community facilities.
190.0125	Purchase, privatization, or sale of wate r, sewer, or wastewater reuse utility by dist rict.
Water management and control plan.
Issuance of bond anticipation notes.
Short-term borrowing.
Bonds.
Trust agreements.
Taxes; non-ad valorem assessments.
Special assessments.
Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds.
Tax liens.
Payment of taxes ahd redemption of tax liens by the district; sharing in proceeds of tax sale.
Foreclosure of liens.
190.031 Mandatory use of certain district facilities and services.
190.033	Bids required .
Fees,  rentals, and charges;  procedure for adoption and modifications;  minimum  revenue  requirements.
Recovery of delinquent charges.
Discontinuance of service.
190.041	Enforcement and penalties.
Suits against the district.
Exemption of district property from execution.
Termination , contraction, or expansion of district.
Incorporation or annexation of district.
Sale of real estate within a dist rict ; required disclosure to purchaser.
190.0485	Notice of establishment.

Special acts prohibited.

Short tftle.-This act may be cited as the "Uniform Community Development District Act of 1980."
Hist ory. - s. 2, ch. 80·407.

Legislative findings, policies, and intent. -
The Legislature finds that:
There is a need for uniform, focused, and fair procedures in state law to provide a reasonable alternative for the establishment, power, operation, and duration of independent districts to manage and finance basic community development services; and that, based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a solution to the state's planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers.
It is in the public interest that any independent special district created pursuant to state law not outlive its usefulness and that the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics, and government-in-the-sunshine requirements which apply both to governmental entities and to their elected and appointed officials.
It is in the public interest that long-range planning, management, and financing and long-term maintenance, upkeep, and operation of basic services for community development districts be under one coordinated entity.
It is the policy of this state:
That the needless and indiscriminate proliferation, duplication, and fragmentation of local general-purpose government services by independent districts is not in the public interest.
That independent districts are a legitimate alternative method available for use by the private and public sectors, as authorized by state law, to manage and finance basic services for community developments.
That the exercise by any independent district of its powers as set forth by uniform  general law comply  with  all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development  to  be serviced by the district,  to ensure that neither  the establishment  nor operation  of such  district is a development order under  chapter  380 and that  the district so established does not have any zoning or permitting powers governing development.
That the process of establishing such a district pursuant to uniform general law be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant.
It is the legislative intent and purpose, based upon, and consistent with, its  findings  of  fact and declarations of policy, to authorize a uniform procedure by general law to establish an independent  special district  as an alternative method to manage and finance basic services for community development. It  is further  the legislative intent and purpose to provide by general law for the uniform operation, exercise of power, and procedure for termination of any such independent district. It is further the purpose and intent of the Legislature  that a district created under this chapter not have or exercise any zoning or  development  permitting  power,  that  the establishment of the independent community  development  district  as provided in  this act not be a development order within the meaning of chapter 380, and that  all applicable  planning and permitting  laws,  rules,  regulations, and policies control the development  of  the land to  be serviced by the district.  It  is further  the purpose and intent   of the Legislature that no debt or obligation  of  a district constitute  a burden  on any local general-purpose government without its consent. -- -- -
Htsto ry.- s. 2, ch. 8 0-407; s. 1, ch. 84-360.

Oefinitfons.-As used in this chapter, the term:
"Ad valorem bonds" means bonds which are payable from the proceeds of ad valorem taxes levied on real and tangible personal property and which are generally referred to as general obligation bonds.

"Assessable improvements" means1   without limitation, any and all public improvements and community facilities that the district is empowered to provide in accordance with this act.
"Assessment bonds" means special obligations of the district which are payable solely from proceeds of the special assessments levied for an assessable project.
"Board'' or "board of supervisors" means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this act have been given by law.
"Bond" includes "certificate," and the provisions which are applicable to bonds are equally applicable to certificates. The term "bond" includes any general obligation bond, assessment bond, refunding bond, revenue bond, and other such obligation in the nature of a bond as is provided for in this act, as the case may be.
"Community development district" means a local unit of special-purpose government which is created pursuant to this act and limited to the performance of those specialized functions authorized by this act; the governing head of which is a body created, organized, and constituted and authorized to function specifically as prescribed in this act for the purpose of the delivery of urban community development services; and the formation, powers, governing body, operation, duration, accountability, requirements for disclosure, and termination of which are as required by general law.
"Compact, urban, mixed-use district" means  a  district located within a municipality  and within  a community redevelopment area created pursuant to s. 163.356, that consists of a maximum of 75 acres, and has development entitlements of at least 400,000 square feet of retail development and 500 residential units.
" Cost, " when used with reference to any project, includes, but is not limited to:
The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction.
The cost of surveys, estimates, plans, and spec ifi cations.
The cost of improvements.
Engineering, fiscal, and legal expenses and charges.
The cost of all labor, materials, machinery, and equipment.
The cost of all lands, properties, rights, easements, and franchises acquired.
Financing charges.
The creation of initial reserve and debt service funds.
Working capital.
Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine.
The cost of issuance of bonds pursuant to this act, including advertisements and printing.
The cost of any election held pursuant to this act and all other expenses of issuance of bonds.
The discount, if any, on the sale or exchange of bonds.
Administrative expenses.
Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the district.
Payments, contributions, dedications, fair share or  concurrency  obligations,  and any other  exactions required as a condition to receive any government approval or permit necessary to accomplish any district purpose.
0 Distri ct" means the community development distri ct .
"District manager" means the manager of the district.
"District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds and descriptions.
" Elector " means a landowner or qualified elector.
"General obligation bonds" means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issua nce, of the full faith and credit and taxing power of the district and for payment of which recourse may be had against the general fund of the district.

"Landowner" means the owner of a freehold estate as appears by the deed record, including a trustee, a private corporation, and an owner of a condominium uni t; it does not include a reversioner, remainderman, mortgagee, or any governmental entity, who shall not be counted and need not be notified of proceedings under this act. Landowner shall also mean the owner of a ground lease from a governmental enti ty, which leasehold interest has a remaining term, excluding all renewal options, in excess of 50 years.
"Local general-purpose government" means a county , municipality, or consolidated city-county governmen.t
"Project" means any development, improvement, property, utility, facility, works, enterprise, or service now existing or hereafter undertaken or establishedunder the provisions of this act.
"Qualified elector" means any person at least 18 years of age who is a citizen of the United States, a legal resident of Florida and of the district, and who registers to vote with the supervisor of elections in the county in which the district landis located.
(18}	"Refunding bonds" means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. Refunding bonds shall be issuable and payable in the same manner as the refinanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution.
(19}	"Revenue bonds" means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit, or general tax revenue of the distri ct.
"Sewer system" means any plant , system, facility, or property, and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including, without li mitation, industrial wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource. Without limiting the generality of the  foregoing,  the term "sewer system" includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; all sewer mains, laterals , and other devices for the reception and collection of sewage from premises connected therewith; and all realand personal property and any interest therein, rights, easement,s and franchises of any nature relating to any such system and necessary or convenient for operation thereof ,
''Water management and control facilities" means any lakes, canals, ditches, reservoirs, dams, levees, sluiceways, floodways, curbs, gutters, pumping stations, or any other works, structures, or facilities for the conservation , control, development, utili zation., and disposal of water, and any purposes appurtenant, necessary, or incidental thereto. The term "water management and control facilities" includes all real and personal property and any interest t herein, rights, easements, and franchises of any nature relating to any such wat er management and control facilities or necessary or convenient for the acquisition, construction, reconstruction , operation , or maintenance thereof.
"Water system" means any plant, system, facility, or property and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or haVing the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water. Without limiting the generality of the foregoing, the term "water system" includes dams,
reservoirs, storage, tanks, mains, lines, valves, hydrants, pumping stations, chilled water distribution systems, laterals , and pipes for the purpose of carrying water to the premises connected with such system, and all rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof .

Htsto ry.- s. 2, ch. 8g J 07 ; s. 2, c h. 84-360; s. 10, ch. 87- 363; s. 2, ch. 91-308 ; s. 33, ch. 2000-! 4; s. 1, ch. 2007-160 s., 1
190.00◄	Preemption; sole authority. -

ch. 2009-142.

This act constitutes the sole authorization for the future establishment of independent community development districts which have any of the specialized functions and powers provided by this act.

The adoption of chapter 84-360, Laws of Florida, does not affe.ct the validity of the establishment of any community development district or other special district existing on June 29, 1984; and existing community development districts will besubject to the provisions of chapter 190, as amended. All actions taken prior to July 1, 2000, by a community development district existing on June 29, 1984, if taken pursuant to the authority contained in chapter 80-407, Laws of Florida, or this chapter are hereby deemed to have adequate statutory authority. Nothing herein shall affect the validity of any outstanding indebtedness of a community development district established prior to June 29, 1984, and such district is hereby authorized to continue to comply with all terms and requirements of trust indentures or loan agreements relating to such outstanding indebtedness.
The establishment of an independent community development district as provided in t his act is not a developmentorder within the meaning of chapter 380. All governmental planning, environmental, and land developmentlaws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a l ocal government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Community
Planning Act. A district shall take no action which is inconsistent with  applicable comprehensive  plans,  ordinances, or regulations of the applicable local general-purpose government.
The exclusive charter for a community development district shall be the uniform community development district charter as set forth in ss. 190. 006-190.041, including the special powers provided by s. 190.012.
Histo ry.- s. 2, ch. 80-407; s. 3, ch. 84·360; s. 27, ch. 85-55; s. 34, ch. 87-224 ; s. 34, ch. 99 -378; s. 9, ch. 2000-304; s. 39, ch. 2011-139.

Establishment of district.-
The exclusive and uniform method for the establishment of a community development district with a size of 2,500 acres or more shall be pursuant to a rule, adopted under chapter 120 by the Florida Land and Water Adjudicatory Commission, granting a petition for the establishment of a community development district.
A petition for the establishment of a community development district shall be filed by the petitioner with the Florida Land and Water Adjudicatory Commission. The petition shall contain:
A metes and bounds description of the external boundaries of the district. Any real property within the external boundaries of the district which is to be excluded from the district shall be specifically described, and the last khown address of all owners of such real property shall be listed. The petition shall also address the impact of the proposed district on any real property within the external boundaries of the district which is to be excluded from the district.
The written consent to the establishment of the district by all landowners whose real property is to be included in the district or documentation demonstrating that the petitioner has control by deed, trust agreemen,t contrac,t or option of 100 percent of the real property to be included in the district, and when real property to be included in the district is owned by a governmental entity and subject to a ground lease as described in s. 190.003(14),the written consent by such governmental entity.
A designation of five persons to be the initialmembers of the board of supervisor,swho shall serve in that office until replaced by elected members as provided in s. 190.006.
The proposed name of the district.
A map of the proposed district showing current major trunk water mains and sewer interceptors and outfalls if in existence.
Based upon available data, the proposed timetable for construction of the district services and the estimated cost of constructing the proposed services. These estimates shall be submitted in good faith butare not binding and may be subject to change.
A designation of the future general distribution, location, and extent of public and private uses of land proposed for the area withi n the district by the future land use plan element of the effective local government comprehensive plan of which all mandatory elements have been adopted by the applicable general-purpose local government in compliance with the Community Planning Act.
A statement of estimated regulatory costs in accordance with the requirements of s. 120.541.
Prior to filing the petition, the petitioner shall:

Pay a filing fee of $15,000 to the county, if located within an unincorporated area, or to the municipality, if located within an incorporated area, and to each municipality the boundaries of which are contiguous with, or contain all or a portion of the land within, the external boundaries of the district.
Submit a copy of the petition to the county, if located within an unincorporated area, or to the municipality, if located within an incorporated area, and to each municipality the boundaries of which are contiguous with, or contain all or a portion of, the land within the external boundaries of the district.
If land to be included within a district is located partially within the unincorporated area of one or more counties and partially within a municipality or within two or more municipali ti es, pay a $15, 00 0 filing fee to each entity. Districts established across county boundaries shall be required to maintain records, hold meetings and hearings, and publish notices only in the county where the majority of the acreage within the district lies.
Such county and each such municipality required by law to receive a petition may conduct a public hearing to consider the relationship of the petition to the factors specified in paragraph (e). The public hearing shall be concluded within 45 days after the date the petition is filed unless an extension of time is requested by the petitioner and granted by the county or municipality. The county or municipality holding such public hearing may by resolution express its support of, or objection to the granting of, the petition by the Florida Land and Water Adjudicatory Commission. A resolution must base any objection to the granting of the petition upon the factors specified in paragraph (e). Such county or municipality may present its resolution of support or objection at the Florida Land and Water Adjudicatory Commission hearing and shall be afforded an opportunity to present relevant information in support of its resolution.
A local public hearing on the petition shall be conducted by a hearing officer in conformance with the
applicable requirements and procedures of the Administrative Procedure Act. The hearing shall include oral and written comments on the petition pertinent to  the  factors  specified in  paragraph  (e).  The hearing  shall be held at an accessible location in the county in which the community development  district  is to  be located.  The petitioner shall cause a notice of the hearing to be published in a newspaper at least once a week for the 4 successive weeks immediately prior to the hearing. Such notice shall give the  time  and place for  the hearing,  a  description  of  the area to be included in the district,  which description shall include a map showing clearly the area  to be covered by  the district, and any other relevant information which the establishing governing bodies may require. The advertisement shall not be placed in  that portion  of  the newspaper  where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper  of general paid circulation in  the county and of general interest and readership in the community, not one of limited subject  matter,  pursuant  to chapter 50. Whenever possible, the advertisement shall appear in a newspaper that is published at least 5 days a week, unless the only newspaper in the community is published fewer than 5 days a week. In addition to being published in the newspa per,  the map referenced above must be part of  the online advertisement  required pursuant to s. 50.0211. All affected units of general-purpose local government and the general public shall be given an opportunity to appear at the hearing and present oral or written comments on the petition.
The Florida Land and Water Adjudicatory Commission shall consider the entire record of the local hearing, the transcript of the hearing, resolutions adopted by local general-purpose governments as provided in paragraph (c), and the following factors and make a determination to grant or deny a petition for the establishment of a community development district:
Whether all statements contained Within the petition have been found to be true and correct.
Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan.
Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be deyelopable as one functional interrelated community.
Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district.
Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities.
Whether the area that will be served by the district is amenable to separate special-district government.

The Florida Land and Water Adjudicatory Commission shall not adopt any rule which would expand, modify, or delete any provision of the uniform community development district charter as set forth in ss. 190.006·190.041, except as provided ins. 190.012. A rule establishing a community development district shall only contain the following:
A metes and bounds description of the external boundaries of the district and any real property withfn the external boundaries of the district which is to be excluded.
The names of five persons designated to be the initial members of the board of supervisors.
The name of the district.
(g}	The Florida Land and Water Adjudicatory Commission may adopt rules setting forth its procedures for considering petitions to establish, expand, modify, or delete uniform community development districts or portions thereof consistent with the provisions of this section.
The exclusive and uniform method for the establishment of a community development district of less than 2,500 acres in size or a community development district of up to 7,000 acres in size located within a connected-city corridor established pursuant to s. 163.3246(13) shall be pursuant to an ordinance adopted by the county commission of the county having jurisdiction over the majority of land in the area in which the district is to be located granting a petition for the establishment of a community development district as follows:
A petition for the establishment of a community development  district  shall be  filed by the  petitioner  with the county commission. The petition shall contain the same information as required in paragraph (1)(a).
A public hearing on the petition shall be conducted by the county commission in accordance with the requirements and procedures of paragraph (1)(d).
The county commission shall consider the record of the public hearing and the factors set forth in paragraph (1)(e} in making its determination to grant or deny a petition for the establishment of a community development district.
The county commission may not adopt any ordinance which would expand, modify, or delete any provision
of the uniform community development district charter as set  forth in  ss.  190.006-190.041.  An ordinance establishing a community development district shall only include the matters provided for in paragraph (1)(f)  unless the commission consents to any of the optional powers under s. 190.012(2) at the request of the petitioner.
If all of the land in the area for the proposed district is within the territorial jurisdiction of a municipal corporation,  then the petition requesting establishment of a community development district under this act shall be filed by the petitioner with that particular municipal corporation. In such event, the duties of the county, hereinabove described, in action upon the petition shall be the duties of the municipal corporation. If any of the land area of a proposed district is within the land area of a municipality, the county commission may not create the district without municipal approval. If all of the land in the area for the proposed distri ct , even if less than 2,500 acres, is within the territorial jurisdiction of two or more municipalities or two or more counties, except for  proposed districts within a connected-city corridor established pursuant to s. 163.3246(13), the petition shall be filed with the Florida Land and Water Adjudicatory Commission and proceed in accordance with subsection (1).
Notwithstanding any other provision of this subsection, within 90 days after a petition for the establishment of a community development district has been filed pursuant to this subs ection, the governing body of the county or municipal corporation may transfer the petition to the Florida Land and Water Adjudicatory Commission, which shall make the determination to grant or deny the petition as provided in subsection (1). A county or municipal corporation shall have no right or power to grant or deny a petition that has been transferred to the Florida Land and Water Adjudicatory Commission.
(3}	The governing body of any existing special district, created to provide one or more of  the public improvements and community facilities authorized by this act, may petition for re_establishment of the  existing district as a community development  district pursuant  to  this act.  The petition shall contain  the information specified in subparagraphs (1)(a)1. , 3., 4., 5., 6., and 7. and shall not require payment of a fee pursuant  to paragraph (1)(b}. In such case, the new district so formed shall assume the existing obligations, indebtedness, and guarantees of indebtedness of the district so subsum ed, and the existing district shall be terminated .

Hfsto  ry.- s. 2, ch. 80- 407; ss. 4,  5, ch . 84-360  ; s. 28, ch. 85 -55; s. 35, ch. 87 -224 ;  s.  34, ch. 96-410; s. 6, ch. 98-146 ; s. 35, ch. 99 -378;
s. 34, ch.  2000-364; s. 2,  ch. 2007-160; s. 33, ch. 2008-4; s. 4, ch. 2009-142 ; s. 40, ch. 2011-139 ; s. 6, ch. 201 2-212; s. 13, ch. 2015-30; s.
1, ch. 2016-94; s. 10, ch. 2018-158.

Board of supervisors; members and meetings. -
(1)	The board of the district shall exercise the powers granted to the district pursuant to  this act.  The board shall consist of five members; except as otherwise provided herein, each member shall hold office for a term of 2 years or 4 years, as provided in this section, and until a successor is chosen and qualifies. The members of the board must be residents of the state and citizens of the United States.
(2)(a)	Wi t hin 90 days following the effective date of the rule or ordinance establishing the distri ct, there shall be held a meeting of the landowners of the district for the purpose of electing five supervisors for the dist ri ct .
Notice of the landowners' meeting shall be published once a week for 2 consecutive  weeks in  a newspaper  which is in general circulation in the area of the distri  ct ,  the last day  of such publication  to be not fewer than 14 days or more than 28 days before the date of the election . The landowner s, when assembled at  such meeting,  shall organize by electing a chair who shall conduct the meeting. The chair may be any person present at the meeting.  If the chair is a landowner or proxy holder of a landowner , he or she may nominate candidates and make and second motions.
(b)	At such meeting, each landowner shall be entitled to cast one vote per acre of land owned by him or her and located within the district for each person to be elected. A landowner may vote in person or by proxy in
wri ting. Each proxy must be signed by one of the legal owners of the property for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy; the street address, legal description of the property, or tax parcel identification number; and the number of authorized votes.  If the proxy authorizes more than one vote, each property must be listed and the number of acres of each property must be included. The signature on a proxy need not be notarized. A fraction of an acre shall be treated as 1 acre, entitling the landowner to one vote with respect thereto. For purposes of determining voting inte rest s, platted lots shall be counted individually and rounded up to the nearest whole acre. The acreage of platted lots shall not be aggregated for determining the number of voting uni t s held by a landowner or a landowner's proxy. The two candidates receiving the highest number of votes shall be elected for a period of 4 years, and the three candidates receiving the next largest number of votes shall be elected for a period of 2 years, with the term of office for each successful candidate commencing upon election. The members of the first board elected by landowners shall serve their respective 4-year or 2-year terms; however, the next election by landowners shall be held on the first Tuesday in November. Thereaft er, there shall be an election of supervisors for the district every 2 years in November on a date established by the board and noticed pursuant to paragraph (a). The second and subsequent landowners ' election shall be announced at a public meeting of the board at least 90 days prior to the date of the landowners' meeting and shall also be noticed pursuant to paragraph (a). Instructions on how all landowners may participate in the election, along with sample proxies , shall be provided during the board meeting that announces the landowners' meeting. The two candidates receiving the highest number of votes shall be elected to serve for a 4- year peri od, and the remaining candidate elected shall serve for a 2-year period.
(3)( a)1.	If the board proposes to exercise the ad valorem taxing power authorized bys. 190.021, the district
board shall call an election at which the members of the board of supervisors will be elected. Such election shall be held in conjunction with a primary or general election unless the district bears the cost of a special election. Each member shall be elected by the qualified electors of the district for a term of 4 year s, except that, at the first such election, three members shall be elected for a period of 4 years and two members shall be elected for a period of 2
-years. All elected board- members must be qualified electors of the distri t.
2.a.	Regardless of whether a district has proposed to levy ad valorem t axes, commencing 6 years after the initial appointment of members or, for a district exceeding 5,000 acres in area or for a compact, urban, mixed-use district , 10 years after the initial appointment of members, the position of each member whose term has expired shall be filled by a quali fi ed elector of the distri ct , elected by the qualified electors of the district. However, for those districts established after June 21, 1991, and for those existing di st ri ct s established after December 31, 1983,

which have less than 50 qualified electors on June 21, 1991, sub-subparagraphs b. and d. shall apply. If, in the 6th year after the initial appointment of members, or 10 years after such initial appointment for districts exceeding 5,000 acres in area or for a compact, urban, mixed-use distri ct, there are not at least 250 qualified electors in the district, or for a district exceeding 5,000 acres or for a compact, urban, mixed-use district, there are not at least 500 qualified electors, members of the board shall continue to be elected by landowners.
After the 6th or 10th year, once a district reaches 250 or 500 qualified electors, respectively, then the positions of two board members whose terms are expiring shall be filled by qualified electors of the district, elected by the qualified electors of the district for 4-year terms. The remaining board member whose term is expiring shall be elected for a 4-year term by the landowners and is not required to be a qualified elector. Thereafter, as terms expire, board members shall be qualified electors elected by qualified electors of the district for a term of 4 years.
Once a district qualifies to have any of its board members elected by the qualified electors of the district,
the initial and all subsequent elections by the qualified electors of the district shall be held at the general election in November. The board shall adopt a resolution if necessary to implement this requirement when the board determines the number of qualified electors as required by sub-subparagraph d., to extend or reduce the terms of current board members.
On or before June 1 of each year, the board shall determine the number of qualified electors in the district as of the immediately preceding April 15. The board shall use and rely upon the official records maintained by the supervisor of elections and property appraiser or tax collector in each county in making this determination. Such determination shall be made at a properly noticed meeting of the board and shall become a part of the official minutes of the district.
Elections of board members by qualified electors held pursuant to this subsection shall be nonpartisan and shall be conducted in the manner prescribed by law for holding general elections. The district shall publish a notice of the qualifying period set by the supervisor of elections for each election at least 2 weeks prior to the start of the qualifying period. Board members shall assume the office on the second Tuesday following their election. If no elector qualifies for a seat to be filled in an election, a vacancy in that seat shall be declared by the board effective on the second Tuesday following the election. Within 90 days thereafter, the board shall appoint a qualified elector to fill the vacancy. Until such appointment, the incumbent board member in that seat shall remain in office.
Candidates seeking election to office by qualified electors under this subsection shall conduct their campaigns in accordance with the provisions of chapter 106 and shall file qualifying papers and qualify for individual seats in accordance withs. 99.061.
The supervisor of elections shall appoint the inspectors and clerks of elections, prepare and furnish the ball ots, designate polling places, and canvass the returns of the election of board members by qualified electors. The county canvassing board shall declare and certify the results of the election.
Members of the board shall be known as supervisors and, upon entering into offic e, shall take and subscribe to the oath of office as prescribed by s. 876.05. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If, during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term.
A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members present unless general law or a rule of the district requires a greater number.
As soon as practicable after each election or. appointment, the board shall organize by electing one of its members as chair and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary.
The board shall keep a permanent record book entitled "Record of Proceedings of _ /name of district)_ Community Development District," in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees, and any and all corporate acts. The record book shall at reasonable times be opened to inspection in the same manner as state, county, and municipal records pursuant to chapter

119. The record book shall be kept at the office or other regular place of business maintained by the board in the county or municipality in which the district is located or within the boundaries of a development of regional impact or Florida Quality Development, or combination of a development of regional impact and Florida Quality Development, which includes the district.
Each supervisor shall be entitled to receive for his or her services an amount not to exceed $200 per meeting of the board of supervisors, not to exceed $4,800 per year per supervisor, or an amount established by the electors at referendum. In addition, each supervisor shall receNe travel and per diem expenses as set forth ins. 112.061.
All meetings of the board shall be open to the public and governed by the provisions of chapter 286.
Hist ory.- s. 2, ch. 80-407; s. 6, ch. 84-360; s. 23, ch. 85-80; s. 3, ch. 91 -308; s. 962, ch. 95·147; s. 36, ch. 99-378 ; s. 19, ch. 2000-158 ; s.
35, ch. 2004-345; s. 32, ch. 2004-353; s. 3, ch. 2007-160; s. 33, ch. 2008-95; s. 2, ch. 2009-142.

Board of supervisors; general duties.-
The board shall employ, and fix the compensation of, a district manager. The district manager shalt have charge and supervision of the works of the district and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this act, for maintaining and operating the equipment owned by the district, and for performing such other duties as may be prescribed by the board. It shall not be a conflict of interest under chapter 112 for a board member or the district manager or another employee of the district to be a st ockholder, officer, or employee of a landowner or of an entity affiliated with a landowner. The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limit ati on, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other conditions of employment of the officers and employees of the district shall be as provided by the board.
The board shall designate a person who is a resident of the state as treasurer of the district, who shall have
charge of the funds of the district . Such funds shall be disbursed only upon the order, or pursuant  to  the resolution, of the board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board. The board may give the treasurer such other or additional powers and duties as the board may deem appropriate and may fix his or her compensation. The board may require the treasurer  to  give a bond in  such amount, on such terms , and with such sureties as may be deemed satisfactory to the board to secure the performance by the treasurer of his or her powers and duties .  The  financial records  of  the  board shall be audited by an independent certified public accountant at least once a year.
The board is authorized to select as a depository for its funds any qualified public depository as defined in
s. 280.02 which meets all the requirements of chapter  280 and has been designated by the Chief Financial Officer as a qualified public depository, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the board may deem just and reasonable.
Histo ry.- s. 2, ch. 80-407; s. 7, ch. 8 4-360 ; s. 32, ch. 86-191; s. 963, ch. 9 5-147; s. 170, ch. 2003-261; s. 4, ch. 2007-160.

Budget; reports and re vie ws.-
(1)	The district shall provide financial reports in such form and such manner as prescribed pursuant to this chapter and chapter 218.
(2)(a)	On or before each June 15, the district manager shall prepare a proposed budget for the ensuing fiscal
year to be submitted to the board for board approval. The proposed  budget  shall include  at  the direction  of the board an estimate of all necessary expenditures of the  district  for  the ensuing  fiscal year  and an estimate  of incom_e t o the district from the taxes,  assessments,  an.d  other  revenues  provided in  this act. The board shall consider  the proposed budget item by item and may either_approve the	get as proposed by the district manager or modify the same in part or in whole. The board shall indicate its approval of the budget by resolution, which resolution shall provide for a hearing on the budget as approved. Notice of the hearing on the budget shall be published in a newspaper of general circulation in the area of  the district once a week  for  2 consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of  the hearing.  The notice shall further contain a designation of the day, time, and place of the public hearing. At the time and place designated in

the notice, the board shall hear all objections to the budget as proposed and may make such changes as the board deems necessary. At the conclusion of the budget hearing, the board shall, by resolution, adopt the budget as finally approved by the board. The budget shall be adopted prior to October 1 of each year.
At least 60 days prior to adoption, the district board shall submit to the local governing authorities having jurisdiction over the area included in the district, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year and any proposed long-term financial plan or program of the district for future operations.
The local governing authorities may review the proposed annual budget and any long-term financial plan or program and may submit written comments to the board for its assistance and information in adopting its annual budget and long-term financial plan or program.
History.-s . 21 ch. 80-407; s. 5, ch. 2007-160.
Disclosure of pubUc finan cing.-
The district shall take affirmative steps to  provide  for  the  full disclosure  of  information  relating  to  the public financing and maintenance of improvements to real property undertaken  by  the  district.  Such information shall be made available to all existing residents, and to all prospective residents, of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required by  law  to  provide  a public  offering statement,  shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. The district shall file the disclosure  documents  required  by  this  subsection  and any amendments thereto in the property records of each county in which the district is located.
The Department of Economic Opportunity shall keep a current  list of districts and their  disclosures pursuant to this act and shall make such studies and reports and take such actions as it deems necessary .
Hlsto ry.-s . 2, ch. 80-407; s. 17, ch. 81-167; s. 15, ch. 83-55; s. 1, ch. 85-60; s. 2, ch. 90-46; s. 9, ch. 94·218; s. 37, ch. 99-378; s. 6, ch.
2007-160; s. 10, ch. 2008-240; s. 70, ch. 2011-142,

General powers.- The district shall have, and the body may exercise, the following powers:
To sue and be sued in the name of the district; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift , devise, or otherwi se, and to dispose of, real and personal property, or any estate therei n; and to make and ex_ecute contracts and other instruments necessary or convenient  to the exercise of its powers.
To apply for coverage of its employees under the state retirement system in the same manner as if such
employees were state employees, subject to necessary action by the district to pay employer contributions into the state retirement fund.
To contract for the services of consultants to perform planning, engineering, legal, or other appropriate
services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth ins. 190. 033.
To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United St ates, the state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift , grant, loan, or agreement relating thereto.
To adopt rules and orders pursuant to the provisions of chapter 120 prescribing the powers, duties, and fynctions of the officers of the district; the condu_ct of the business of th district ; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the district. The board may also adopt administrative rules with respect to any of the projects of the district and define the area to  be included therein. The board may also adopt resolutions which may be necessary for the conduct of district business.
To maintain an office at such place or places as it may designate within a county in which the district is located or within the boundaries of a development of regional impact or a Florida Quality Developmen,t or a

combination of a development of regional impact and a Florida Quality Development, which includes the district, which office must be reasonably accessible to the landowne rs. Meetings pursuant to s. 189.015(3) of  a district within the boundaries of a development of regional impact or Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, may be held at such office.
(7)(a)	To hold , control, and acquire by donation, purchase, or condemnati on, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this act and to make use of such easements, dedications, or reservations for any of the purposes authorized by this act.
(b)	When real property in the district is owned by a governmental entity and subject to a ground lease as described ins. 190.003(14), to collect ground rent from landowners pursuant to a contract with such governmental entity and to contract with the county tax collector for collection of such ground  rent  using the  procedures authorized ins. 197.3631, other than the procedures contained ins. 197.3632.
To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or priva te , any projects of the type that the district is authorized to undertake  and  facilities or  property of  any  nature for the use of the district to carry out any of the purposes authorized by this act.
To borrow money and issue bonds, certificates , warrants, notes, or other evidence of indebtedness as hereinafter provided; to levy such tax and special assessments as may be authorized; and to charge, collect, and enforce fees and other user charges.
To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law.
To exercise within the district, or beyond the district with prior approval by resolution of the governing body of the county if the taking will occur in an unincorporated area or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of chapters 73 and 74, over any property within the state, except municipal; county, state, and federal property, for the uses and purposes of the district relating  solely  to  water,  sewer, district roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another.
-To cooperate with, or contract With,  other governmental  agencies as may be necessary,  convenient, in cident al, or proper in connection with any of the powers, duties, or purposes authorized by this act.
To assess and impose upon lands in the district ad valorem taxes as provided by this act.
To determine, order, levy, impose, collect, and  enforce special  assessments  pursuant  to  this act and chapter 170. Such special assessments may, in the discretion of the district, be collected  and enforced  pursuant  to the provisions of ss. 197.3631, 197.3632, and 197.3635, chapter 170, or chapter 173.
To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this act.
To exercise such special powers as may be authorized by this act.
Hlstory.-s. 2, ch. 80-407; s. 8, ch. 84·360; s. 46, ch. 89·169; s. 4, ch. 91·308; s. 38, ch. 9 9-378; s. 1, ch. 2003·39; s. 7, ch. 2007-160; s.
5, ch. 2009-142; s. 69, ch. 2014-22.

Special powers; public improvements and community facilfties.-The district shall have , and the board may exercise, subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included therein, any or all of the following special powers relating to public improvements and community facilities authorized by this act:
To finance, fund , plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following:
Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges.

Water supply, sewer, and wastewater  management,  reclamation,  and  reuse  or any  combination  thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley,  highway,  or other  public place or ways, and to dispose  of any effluent, residue, or other byproducts of such system or sewer system.
Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and  roadways over levees and embankments,  and  to  construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut.
1.	District roads equal to or exceeding the applicable specifications of  the county  in  which  such  district roads are located; roads and improvements to existing public roads that are owned by or conveyed to the local general-purpose government, the state, or the Federal Government; street lights; alleys; landscaping;  hardscaping;  and the undergrounding of electric utility lines. Districts may request the underground  placement of  utility lines by the local retail electric utility provider in accordance with the utility's tariff on file with  the  Public Service Commission and may finance the required contribution.
2.	Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage.
Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction  of  a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and Who caused or contributed to the contamination.
Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property.
Any other project within or without the boundaries of a district when a local government  issued  a development order pursuant to s. 380.06 approving or expressly requiring the construction  or funding of  the project by the district, or when the project is the subject of an  agreement  between  the  district and  a governmental  entity and is consistent with the local government comprehensive  plan of  the  local government  within  which  the project is to be located.
Any other project, facility, or service required by a development approval, interlocal agreement, zoning condition, or permit issued by a governmental authority with jurisdiction in the district.
After the local general-purpose government within the jurisdiction of which a power specified in this subsection is to be exercised consents to the exercise of such power by the district, the district shall have the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:
Parks and facilities for indoor and outdoor recreational, cultural, and educational uses.
Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment.
School buildings and related structures and site improvements, which may be leased, sold, or donated  to the school district, for use in the educational system when authorized by the district school board.
Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. However, this paragraph does not prohibit a district from contracting with a towing operator to remove a vehicle or vessel from a district-owned facility or property if the district follows the authorization and notice and procedural requirements in s. 715.07 for an owner or lessee of  priv_ate  property. The district's selection of a towing operator is not subject to public bidding if the towing operator is included in an approved list of towing operators maintained by the local government that has jurisdiction over the district's facility or property.
Control and elimination of mosquitoes and other arthropods of public health importance.
Waste collection and disposal.

To adopt and enforce appropriate rules following the procedures of chapter 120, in connection with the provision of one or more services through its systems and facilities.
(4)(a)	To adopt rules necessary for the district to enforce certain deed restrictions pertaining to the use and operation of real property within the district and outside the district pursuant to an interlocal agreement under chapter 163 if within another district orI if not within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term "deed restrictions" means those covenants, condi tions, restrictions, compliance mechanisms, and enforcement remedies contained in any applicable declarations of covenants and restrictions that govern the use and operation of real property and, for which covenants, conditions, and restrictions, there is no homeowners' association or property owner's association having respective enforcement powers unless, with respect to a homeowners' association whose board is under member control, the association and the district agree in writing to enforcement by the district. The district may adopt by rule all or certain portions of the deed restrictions that:
Relate to limitations, prohibf tions, compliance mechanisms, or enforcement remedies that apply only to external appearances or uses and are deemed by the district to be generally beneficial for the district's landowners and for which enforcement by the district is appropriate, as determined by the district's board of supervisors; or
Are consistent with the requirements of a development order or regulatory agency permit.
The board may vote to adopt such rules only when all of the following conditions exist:
The district was in existence on the effective date of this subsection, or is located within a development that consists of multiple developments of regional impact and a Florida Quality Development.
For residential districts, the majority of the board has been elected by qualified electors pursuant to the provisions of s. 190. 006.
For residential districts, less than 25 percent of residential units are in a homeowners' association.
The declarant in any applicable declarations of covenants and restrictions has provided the board with a written agreement that such rules may be adopted. A memorandum of the agreement shall be recorded in the public records.
Within 60 days after such rules take effect, the district shall record a notice of rule adoption stating generally what rules were adopted and where a copy of the rules may be obtained. Districts may impose fines for violations of such rules and enforce such rules and fines in circuit court through injunctive relief.
The owners of property located outside the boundary of the district shall elect an advisor to the district board pursuant to paragraph (e). The sole responsibilities of the district board advisor are to review enforcement actions proposed by the district board against properties located outside the district and make recommendations relating to those proposed actions. Before the district board may enforce its rules against any owner of property located outside the district, the district board shall request the district board advisor to make a recommendation on the proposed enforcement action. The district board advisor must render a recommendation within 30 days after receiving a request from the district board or is deemed to have no objection to the district board's proposed decision or action.
1.	Whenever an interlocal agreement is entered into pursuant to paragraph (a), a district board advisor seat shall be created for one elected landowner whose property is within the jurisdiction of  the governmental  entity entering fnto the interlocal agreement but  not within the boundaries of  the distri  ct. The district board advisor  shall be elected by landowners whose land is subject to enforcement by the district but whose land is not within the boundaries of the district. The district board advisor  shall be elected  for a 2-year  term.  The first election  for  a district board advisor shall be within 90 days  after  the effective  date  of  the interlocal agreement  between  the district and the government entity.
The election of the district board advisor shall cc.cur at a meeting of eligible landowners. The district shall publish notice of the meeting and election once a week for 2 consecutive weeks in a newspaper of general circulation in the area of the parties to the interlocal agreement. The notice must include instructions on how all landowners may participate in the election and how to obtain a proxy form. The last day of publication may not be less than 14 days or more than 28 days before the date of the election. The landowners, when assembled at the meeting, shall organize by electing a chair who shall conduct the meeting. The chair may be any person present at

the meeting. If the chair is a landowner or proxy holder of a landowner, he or she may nominate candidates and make and second motions.
At the meeting, each landowner is entitled to cast  one vote  per acre of  land  owned  by  him  or  her and located within the district for each person to  be elected.  A landowner  may vote in person  or by proxy in writing. Each proxy must be signed by one of the legal owners of  the  property for which  the  vote is cast and  must contain the typed or printed riame of the individual who signed the proxy; the street address,  legal description  of  the property, or tax parcel identification numbe r; and the number of  authorized  votes.  If  the  proxy authorizes  more than one vote, each property must be listed and the number of acres of each  property  must  be included.  The signature OQ a proxy need not be notarized  . A fraction of an acre shall  be treated as 1 acre,  entitling the  landowner to one vote with respect thereto. For purposes of determining voting inte rests , platted lots shall be counted individually and rounded up to the nearest whole acre. The acreage of  platted  lots may  not be aggregated  for purposes of determining the number of voting units held by a landowner or a landowner' s proxy.
If a vacancy occurs in the district advisor seat , a special landowner election shall be held within 60 days after the vacancy using the notice, proxy, and acreage voting provisions of this subsection.
Histo ry.-s . 2, ch. 80-407; s. 51, ch. 83-217; s. 9, ch. 84-360; s. 47, ch. 89-169; s. 8, ch. 93-51; s. 39, ch. 99-378; s. 15, ch. 2000-317; s.
47, ch. 2000-364; s. 33, ch. 2004-345; s. 30, ch. 2004-353; s. 8, ch. 2007-160; s. 9, ch. 2009-142; s. 2, ch. 2016-94; s. 11, ch . 2018-158.

190.0125	Purchase, privatization , or sale of water, se wer, or wastewater reuse utility by dist rict .- No community development district may purchase or sell a water, sewer, or wastewater reuse  utility  that  provides service to the public for compensation, or enter into a wastewater facility privatization contract for a wastewater facility, until the governing body of the community development district has held a public hearing on the purchase, sale , or wastewater facility privatization contract and  made  a  determination  that  the  purch ase,  sale,  or wastewater facility privatization contract is in the public interest. In determining if  the  purchase,  sale ,  or wastewater facility privatization contract is in the public inte rest , the  community development  district shall consider, at a minimum, the following:
(1}	The  most  recent available income and expense statement  for the  ut ility;
The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount of con tributi ons-in- aid-of- const ruct ion and the accumulated depreciation the reon;
A s tate ment of the existing rate base of the utility for regulatory purposes;
The physical condition of the utility facilities being purchased , sold, or subject to a wastewater facility privatization contract;
The reasonableness of the purchase , sales, or wastewater facility privatization contract price and terms;
The impacts of the purchase , sale, or wastewater facility privatization contract on utility customers, both positive and nega tive ;
(7)(a)	Any additional investment required and the ability and willingness of the purchaser or the private firm under a wastewater facility privatization contract to make that investment , whether the  purchaser  is the community development district or the entity purchasing the utility from the community development district;
(b )	In the case of a wastewater facility privatization contract, the terms and conditions on which the private
firm will provide capital investment and financing or a combination thereof for contemplated capital re placeme nt s, additions, expansions, and repairs . The community development district  shall  give significant  weight  to  this criteria.
(8)	The alternatives to the purchase, sale , or wastewater facility privatizat ion contract and the potential impact on utility customers if the purchase, sale, or wastewater facility privatization contract is not made ;
(9)(a)	The ability of the purchaser or the private firm under a·wastewater facility privatization contract to provide and maintain high-quality and cost-e ffe etive utility service, whether the purchaser is the community devel opme nt district or the enti ty purchasing the ut ility from t he community developme nt district;
(b)	In the case of a wastewater facility privatization contract, the community development district shall give signif icant weight to the technical expertise and experience of the private firm in carrying out the obligations specified in the wastewater facility privatization contract; and

(10)	All moneys paid by a private firm to a community development district pursuant to a wastewater facility privatization contract shall be used for the purpose of reducing or offsetting property taxes,  wastewater  service rates , or debt reduction or making infrastructure improvements or capital asset expenditures or other public purpose; provided , howeve r, nothing herein shall preclude the community development district from using all or part of the moneys for the purpose of the community development district's qualification for relief from the repayment of federal grant awards associated with the wastewater system as may be required by federal law or regulation .
The community development district shall prepare a statement showing that  the  purchase,  sale,  or  wastewater facility privat ization contract is in the public int e rest , including a summary of the purchaser's or private firm's experience in wat e r, sewer, or wastewater reuse utility operation and a showing of financial ability to provide the service , whether the purchaser or private firm is the community development district or the entity purchasing the utility from the community development dist rict.
Hfs tory.- s. 3, ch. 84·84; s. 9, ch. 93-51 ; s. 9, ch. 96 -202.

Water management and control plan. - ln the event that the board assumes the responsibility for providing water management and control for the district as provided in s. 190 .012(1)(a) which is to be financed by benefit special assessments , the board shall proceed to adopt water management and control plans, assess for benefits, and apportion and levy special assessme nt s, as follows:
The board shall cause to be made by the district's enginee r,  or such  other engineer or engineers  as the board may employ for that purpose, complete and comprehensive water management and control  plans for  the lands located within the dist rict that will be imp roved in any part or in whole by any system of facilities that may be outlined and adopted, and the engineer shall make a report in writing to the  board  with  maps and  profiles of said surveys and an estimate of the cost of carrying out and completing the plans.
Upon the complet ion of such plans, the board shall hold a hearing thereon to hear objections the reto , shall give notice of the t ime and place fixed for such hearing by publication once each week for 2 consecutive weeks in a newspaper of general circulation in the general area of the dist rict , and shall  permit  the  inspection  of  the  plan at the office of the district by all persons interested. All objections to  the  plan  shall  be filed at  or  before  the  time fixed in the notice for the hearing and shall be in writing.
After the hea ring , the  board shall consider  the  proposed  plan and any objections thereto and may modify, re ject , or adopt the plan or continue the hearing to a day certain for further consideration of the proposed plan or modifications thereof.
When the board approves a plan , a resolution shall be adopted and a certified copy t he reof shall be filed in
the office of the secretary and incorporated by him or her into the reco rds of the district.
The water management and control plan may be altered in detail from  time to time  until  the  appraisal record herein provided is filed , but not in such manner as to affect materially the conditions of its adoption. Afte r  the appraisal record has been filed , no alteration of the plan shall be made , except as provided by this act.
Within 20 days after the final adoption of the plan by the board, the board shall proceed pursuant to s.
298.301.
Histo ry. - s. 2, ch. 80 · 407; s. 5, ch. 91-308; s. 964, ch. 95 -147; s. 26, ch. 97· 40.

Issuance of bond anticipation notes. - ln addition to the other powers provided for in this act , and not in limitation  thereof,  the  district shall have the  power, at  any time,  and from  time to time afte r the  issuance of any bonds of the district shall have been aut horized, to borrow money for the  purposes for which such bonds are  to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and  to  issue bond anticipation notes 1n a principal sum not in excess of the authorized maximum amount of such bond issue. Such notes shall be in such denomination or denominations , bear interest at such rate as the board may determine in compliance with s.
215.84 , mature at such time or times not later than 5 years from the date of issua nce , and be in such form and executed in such manner as the board shall prescribe . Such notes may be sold at either public or private sale or , if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as the board shall

determine. Such notes shall be paid from the proceeds of such bonds when issued. The board may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds; but in such event a like amount of the bonds authorized shall not be issued. Non-ad valorem assessments levied to pay interest on bond anticipation notes shall not constitute an installment of assessments under s. 190.022.
Hist ory. - s. 2, ch. 80-407; s. 9, ch. 83·215; s. 9, ch. 2007·160.

Short-term borrowing.-The district at any time may obtain loans, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the district or any costs incurred or that may be incurred in connection with any of the projects of the district, which loans shall bear such interest as the board may determine in compliance with s. 215. 84, and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the board may determine, su bj ect, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. for the purpose of defraying such costs and expenses, the district may issue negotiable notes, warrants, or other evidences of debt to be payable at such times , to bear such interest as the board may determine in compliance with s. 215.8 4, and to be sold or discounted at such price or prices not less than 95 percent of par value and on such terms as the board may deem advisable. The board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the district. The approval of the electors residing in the district shall not be necessary except when required by the State Constitution.
History.- s. 2, ch. 80•407; s. 80, ch. 81-259; s. 10, ch. 83·215.

Bon ds. -
SALE OF BONDS.-Bonds may be sold in blocks or installments at different ti mes, or an entire issue or series may be sold at one time. Bonds may be sold at public or private sale after such advertisement, if any, as the board may deem advisable but not in any event at less than 90 percent of the par value thereof , together with accrued interest t hereon. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered by the district as payment of the purchase price of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price or exchange for any propert y, real, personal, or mixed, including franchises or services rendered by any contract or, engineer, or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the board in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered may be:
The money paid for the bonds;
The principal amount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds; and
In the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or the fair value of any properties exchanged for the bonds, as determined by the board.
AUTHORIZATION AND FORM OF BONDS. - Any general obligation bonds, benefit bonds, or revenue bonds may
be authorized by resolution or resolutions of the board which shall be adopted by a maj orit y of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted. The board may, by resolution, authorize the issuance of bonds and fix the aggregate amount of bonds to be issued; the purpose or purposes for which the moneys derived therefrom shall be expended, including, but not limited to, payment of costs as defined in s. 190.003(8); the rate or rates of interest, in compliance wit h s. 215. 84;.the denomination of the bonds; whether or not the bonds are to be issued in one or more seri es; the date or dates of maturi ty , which. .b ll not exceed 40 years from their respective dates of issuance; the medium of payment; the place or places wi t hin or without the state where payment shall be made; registration privileges; redemptionterms and privil eges, whether with or without premium;  the manner  of execution; the form of the bonds, including any interest coupons to be attached thereto; t he manner of execution of bonds and coupons· and any and all other terms, covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resoluti on or resoluti ons may further provide for the contracts authorized

bys. 159.825(1)(f) and (g) regardless of the tax treatment of such bonds being authorized, subject  to  the finding by  the board of a net saving to the district resulting  by  reason  thereof.  Such  authorizing  resolution  may  further provide that such bonds may be executed in accordance with the Registered Public Obligations  Act, except  that bonds not issued in registered form shall be valid if manually countersigned by an officer designated by appropriate resolution of the board. The seal of the district may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds,  such signature or facsimile shall nevertheless be valid and sufficient  for all purposes the same as if he or she had remained in office until such delivery.
INTERIM CERTIFICATES; REPLACEMENT CERTIFICATES.-Pending the preparation of definitive bonds, the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine , exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds which become mutilated, lost, or destroyed.
NEGOTIABILITY OF BONDS. -  Any bond issued under this act or any temporary bond, in the absence of an express recital on the face thereof that it is nonnegotiable, shall be fully negotiable and shall be and constitute a negotiable instrument within the meaning and for all purposes of the law merchant and the laws of the state.
DEFEASANCE.-The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations  of the district in  any revenues,  funds,  or other properties by which such bonds are secured as the board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption and the whole amount of the principal and interest and premium , if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then  and in  such event  the right,  title,  and interest  of the holders of the bonds in  any revenues,  funds,  or other properties by which such bonds are secured shall thereupon cease, terminate, and become void;  and the board may apply any surplus in  any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations  to  any lawful purpose of  the district as the board shall determine.
ISSUANCE OF ADDITIONAL BONDS. - lf the proceeds of any bonds are less than the cost of completing the project in connection with which such bonds  were issued,  the board may  authorize  the issuance of  additional bonds, upon such terms and conditions as the board may provide in the resolution authorizing the issuance thereof , but only in compliance With the resolution or other proceedings authorizing the issuance of the- original bonds.
REFUNDING BONDS.- The district shall have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the district that at the time of such issuance are or subsequently thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within 10 years thereaft er, or the surrender of which can be procured from the holders thereof at prices satisfactory to the board. Refunding bonds may be issued at any time when ,n the judgment of the board such issuance will be advantageous to the district. No approval of the qualified electors residing in the district shall be required for the issuance of refunding bonds except in cases in which such approval is required by the State Constitution. The board may by resolution confer upon the holders of such refunding bonds all right s, powers, and remedies to which the holders would be entitled if they continued to be the owners and had possession of the bonds for the refinancing of which such refunding bonds are issued, including, but not limited to, the preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment, impairment, or diminution thereof. The provisions of this act. pertaining to bonds of the district shall, unless the context . otherwise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the board with respect to them.
REVENUE BONDS. -
The district shall have the power to issue revenue bonds from time to time Without limitation as to amount . Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived

from any project or combination  of projects;  from the rates,  fees,  or other charges  to  be collected  from the users of any project or projects; from any revenue-producing undertaking or activity of the district;  from special assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the district, and the approval of the qualified electors shall not be required unless  such bonds  are additionally  secured by the full faith and credit and taxing power of the district.
Any two or more projects may be combined and consolidated into a single project and may hereafter be operated and maintained as a single project  .  The revenue  bonds authorized herein may be issued to finance any one or more of such proje cts, regardless  of whether  or not such projects have been combined and consolidated into a single project. If the board deems it advisable, the proceedings authorizing such revenue bonds may provide  that the district may thereafter  combine  the projects  then  being  financed  or  theretofore  financed  with  other  projects to be subsequently financed by the district and that revenue bonds to be thereafter issued by the district shall be
on parity with the revenue bonds then being issued, all on such terms, conditions, and limitations as shall have been provided in the proceeding Which authorized the original bonds.
GENERAL OBLIGATION BONDS. -
(aJ	The district shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of 35 percent of the assessed value of the taxable property within the district as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the district is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shall be called to be held in the district by the board of county commissioners of the county upon the request of the board of the district. The expenses of calling and holding an election shall be at the expense of the district, and the district shall reimburse the county for any expenses incurred in calling or holding such election.
The district may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefor and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the district, to the extent necessary for the payment thereof, without limitatjons as to rate or amount .
If the board determines to issue general obligation bonds for more than one capital project, the approval of
the issuance of the bonds for each and all such projects may be submitted to the electors on one and the same ball ot. The failure of the electors to approve the issuance of bonds for any one or more capital projects shall not defeat the approval of bonds for any capital project which has been approved by the electors.
In arriving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to paragraph (a), there shall not be included any general obligation bonds which are additionally secured by the pledge of:
Special assessments levied in an amount sufficient to pay the principal and interest on the general obligation
bonds so additionally secured, which assessments have been equalized and confirmed by resolution or ordinance of the board pursuant to s. 170.08.
Water revenues, sewer revenues, or water and sewer revenues of the district to be derived from user fees fn an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured.
Any combination of assessments and revenues described in subparagraphs 1. and 2.
BONDS AS LEGAL INVESTMENT OR SEC URITY. -
Notwithstanding any provisions of any other law to the cont rary, all bonds issued under the provisions of this act shall constitute legal investments for savings banks, banks, trust companies, insurance comp_anjes, executors, admini strat ors, trust ees, guardi ans, and other fiduciaries and for any board, body, agency, instrumentality, county, municipality, or other political subdivision of the state and shall be and constitute security which may be deposited by banks or trust companies as security for deposits of state, county. municipal, or other public funds or by insurance companies as required or voluntary statutory deposi ts .

Any bonds issued by the district shall be incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid because of any irregularity or defect in the proceedings for the issue and sale thereof.
COVENANTS.- Any resolution authorizing the issuance of bonds may contain such covenants as the board
may deem advisable, and all such covenants shall constitute valid and legally binding and enforceable contracts between the district and the bondholders, regardless of the time of issuance thereof. Such covenants may include, without limitation, covenants concerning the disposition of the bond proceeds; the use and disposition of project revenues; the pledging of revenues, taxes, and assessments; the obligations of the district with respect to the operation of the project and the maintenance of adequate project revenues; the issuance of additional bonds; the appointment, powers, and duties of trustees and receiver s; the acquisition of outstanding bonds and obligations; restrictions on the establishing of competing projects or  facilities;  restrictions on the sale or  disposal of the assets and property of the district; the priority of assessment liens;  the priority  of claims by bondholders  on  the taxing power of the district; the maintenance of deposits to assure  the payment  of revenues by users of  district  facilities and services; the discontinuance of district services by reason of delinquent  payrnentsi  acceleration  upon default; the execution of necessary instruments; the procedure for amending or abrogating covenants with the bondholders; and such other covenants as may be deemed necessary or desirable for the security of the bondholders.
VALIDATION PROCEEDINGS.-The power of the district to issue bonds under the provisions of this act may be determined, and any of the bonds of the district maturing over a period of more than  5 years  shall be validated and confirmed, by court decree, under the provisions of chapter 75 and laws amendatory thereof or supplementary thereto.
ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF BONDS. -  This act constitutes full and complete
authority for the issuance of bonds and the exercise of the powers of the district provided herein. No procedures or proceedings, publications, notices, consents, approvals, orders, acts, or things by the board, or any board, offi cers, commission, department, agency, or instrumentality of the district, other than those required by this act, shall be required to perform anything under this act, except that the issuance or sale of bonds pursuant to the provisions of this act shall comply with the general law requirements applicable to the issuance or sale of bonds by the distri ct. Nothing in this act shall be construed to authorize the district to utilize bond proceeds to fund the ongoing operations of the distri ct.
PLEDGE BY THE STATE TO THE BONDHOLDERS OF THE DISTRICT.-The state pledges to the holders of any bonds issued under this act that it will not limit or alter the rights of the district to own, acquire, construct, reconstruct, improve, maintain, operate, or furnish the projects or to levy and collect the taxes, assessments, rentals, rates, fees, and other charges provided for herein and to fulfill the terms of any agreement made with the holders of such bonds or other obligations and that it will notin any way impair the rights or remedies of such holders.
DEFAULT.-A default on the bonds or obligations of a district shall not constitute a debt or obligation of a
local general-purpose government or the state.
Htsto ry.- s. 2, ch. 80-◄07; s. 11, ch. 83-215; s. 10, ch. 84-360; s. 24, ch. 85-80; s. 6, ch. 9 1-308; s. 965,  ch. 95-147 ;  s . 8,  ch. 98 -◄7 ;  s .  6,
ch. 2009 -142.

Trust agreements. - Any issue of bonds shall be secured by a trust agreement by and between the district and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the st at e. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the district and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve , including, without limitation, covenants setting forth the duties of  the  district in  relation  to:  the acquisition,  constru ction, reconstruction , i mprovement, maintenance repair ,  operation,  and insurance  of  any projects;  the fixing  and revising of the rates, fees, and charges; and the custody, safeguarding, and application of all moneys and for the employment of consulting engineers in connection  with  such  acquisition,  constru  cti on,  reconstruction, improvement, maintenance, repair , or operation. It shall be lawful for any bank or trust company within or without

the state which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the district. Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trust ee, if any, and may restrict the individual right of action by bondholders.  The board may provide for the payment of proceeds of the sale of the bonds and the revenues of any project to such officer, board, or depository as it may desi gnate for the custody thereof and may provide for the method of disbursement thereof with such safeguards and restrictions as it may determine . All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of operation of the project to which such trust agreement pertains.
Htstory ,- s. 2, ch. 80 -407.

Taxes; non-ad valorem assessments. -
AD VALOREM TAXES.- An elected board shall have the power to levy and assess an ad valorem tax on all the taxable property in the district to constru ct , operat e, and maintain assessable imp rovements ; to  pay the principal of, and interest on, any general obligation bonds of the distri ct ; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, shall not exceed 3 mills, except that a district authorized by a local general­ purpose government to exercise one or more powers specified ins. 190.012(2 ) may levy an additional 2 mills for operating purposes, exclusive of debt service on bonds. The ad valorem tax provided  for herein  shall be in  addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed,  le vied,  and collected in the same manner and same time as county taxes. The levy of ad valorem taxes shall be approved by referendum when required by the State Constituti on.
BENEFIT SPECIAL ASSESSMENTS.-The board shall annually determine, order, and levy the annual installment of the total benefit special assessments for bonds issued and related expenses to  finance district facilities -imd projects which are levied under this act. These assessments may be due and collected during each year that county taxes are due and coll ected, in which case such annual installment  and levy shall be evidenced  to  and certified to the property appraiser by the board not later than August 31 of each year, and such assessment shall be entered by the property appraiser on the county tax rolls, and shall be collected and enforced by the tax collector in the same manner and at the same time as county t axes, and he proceeds thereof  shall be paid to  the district. However,  this subs ecti on shall not prohibit the distri ct in its discretion from using the method prescribed in either s. 197.363 ors. 197.3632 for collecting and enforcing these assessments. Notice of  the proposed amount  of the assessment pursuant to s. 200,069 that includes the date and time of the hearing may be used in lieu of the notice provisions of
s. 197.3632(4)(b). These benefit special assessments shall be a lien on the property against which assessed untH paid and shall be enforceable in like manner as county taxes. The amount of the assessment for the exercise of the district's powers under ss. 1 90.011 and 190.012shall be determined  by the  board based upon a report of  the district's engineer  and assessed by the board upon such lands,  which may be part or all of  the lands within the district benefited by the improvement,  apportioned  between  benefited lands in  proportion  to  the benefits  received by each tract of land.
MAINTENANCE SPECIAL ASSESSMENTS. - To maintain and preserve the facilities and projects of the distri ct , the board may levy a maintenance special assessment. This assessment may be evidenced to and cert ified to the property appraiser by the board of supervisors not later than August 31 of each year and shall be entered by the property appraiser on the county tax rolls and shall be collected and enforced by the tax  collector  in  the same manner and at the same time as county taxes, and the proceeds therefrom shall be paid to  the  district  .  However, this subsection shall not prohibit  the district  in its  discretion  from using the  method prescribed in  either s. 197.363 or s. 197.3632 for collecting and enforcing these assessments. Notice of the proposed amount of the assessment pursuant to s. 200,069 that includes the date and time of the he·an ng may be used in lieu of the notice provisions of
s. 197.3632(4)(b). These maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes.  The amount of the maintenance  special assessment for  the exercise of the district  ' s powers under ss.  190.011and 190.012 shall be determined by the board based upon a report of the district's engineer and assessed by the board upon such lands, which may be all of

the lands within the district benefited by the maintenance thereof, apportioned between the benefited lands in proportion to the benefits received by each tract of land.
ENFORCEMENT OF TAXES. - The collection and enforcement of all taxes levied by the district shall be at the same time and in like manner as county t axes,  and the provisions of  the Florida Statutes relating to  the sale of lands for unpaid and delinquent county taxes; the issuan ce, sale, and delivery of  tax certificates  for  such unpaid and delinquent county taxes; the redemption thereof; the issuance to  individuals of tax deeds based  thereon ;  and all other procedures in connection therewith shall be applicable  to  the district  to the  same extent as if  such statutory provisions were expressly set forth herein. All taxes shall be subject to the same discounts as county
t axes.
WHEN UNPAID TAX IS DELINQUENT; PENALTY.-All taxes provided for in this act shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes.
TAX EXEMPTION.-All bonds issued hereunder and interest paid thereon and all fees, charges, and other revenues derived by the district from the projects provided by this act are exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof; however, any interest, income, or profits on debt obligations issued hereunder are not exempt from the tax imposed by chapter 220. Further, districts are not exempt from the provisions of chapter 212.
TRANSITIONAL PROVISIONS. - Nothing in this act shall be deemed to affect any benefit tax, maintenance tax, non-ad valorem assessment, ad valorem tax, or special assessment imposed by a community development district as of June 21, 1991. Nothing in this act shall be construed to affect any tax or assessment pledged to secure or authorized pursuant to a trust indenture under this chapter, and the district imposing such tax or assessment is hereby authorized to impose such tax or assessment under the terms required by the trust indenture. The terms benefit taxes or maintenance taxes used in this chapter prior to June 21, 1991, are redesignated as benefit or maintenance special assessments pursuant to this act, and such terms may be used interchangeably under the terms of an existing trust indenture.
STATUS OF ASSESSMENTS. - Bene fi t special assessments, maintenance special assessments, and special assessments are non-ad valorem assessments as defined bys. 197.3632.
ASSESSMENTS CONSTITUTE LIENS; COLLECTION-. Benefi t special assessments and maintenance special assessments authorized by this section , and special assessments authorized bys. 190. 022 and chapter 170, shall constitute a lien on the property against which assessed from  the date of imposition  thereof  until paid,  coequal with the lien of state, county , municipal, and school board taxes. These non-ad valorem assessments may be collected, at the district's discretion,  by the tax  collector pursuant  to  the provisions  of s. 197.363 ors. 197.3632,  or in accordance with other collection measures provided by law.
LAND OWNED BY GOVERNMENTAL ENTITY. - Except as otherwise provided by law, no levy of ad valorem taxes or non-ad valorem assessments under this chapter, or chapter 170, chapter 197, or otherwi se, by a board of a district on property of a governmental entity that is subject to a ground lease as described ins. 190.003(14), shall constitute a lien or encumbrance on the underlying fee interest of such governmental entity.
History.- s. 2, ch. 80-407 ; s. 11 ch. 84 -360; s. 48, ch. 89-169 ; s. 7, ch. 91-3 08; s. 40, ch. 99-378 · s. 35, ch. 2000-364; s. 10, ch. 2007-
160; s. 7, ch. 2009· 142.

Special assessments. -
The board may levy special assessments for the constru ction, reconstru ction, acquisi tion , or maintenance of district facilities authorized under  this chapter using the procedures  for levy and collection provided in  chapter 170  or chapter 197.
Notwithstanding the provisions of s. 170.09, district assessments may be made payable in no more than 30 yearly installments.
Histo ry.--s. 2, ch. 80-407; s. 12, ch. 84-360; s. 8, ch. 91·308; s. 41, ch. 99-378.

Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds.-

The board may, after any assessments for assessable improvements are made, determined, and confirmed as provided in s. 190.022, issue certi fi cates of indebtedness for the amount so assessed against the abutting property or property otherwise benefited, as the case may be; and separate certi fic at es shall be issued against each part or parcel of land or property assesse,dwhich certificates shallstate the general nature of the improvement for which the assessment is made. The certi ficate s shall be payable in annual installments in accordance with the installments of the special assessment for which they are issued. The board may determine the interest to be borne by such certifi cates, in compliance With s. 215.84, and may sell such certificates at efther private or public sale and determine the form, manner of execution , and other details of such certificates. The certificates shall recite that they are payable only from the special assessments levied and collected from the part or parcel of land or property against which they are issued. The proceeds of such certificates may be pledged for the payment of principal of and interest on any revenue bonds or general obligation bonds issued to finance in whole or in part such assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost of such assessable improvements.
The district may also issue assessment bonds or other obligations payable from a special fund into which such certificates of indebtedness referred to in the preceding subsection may be deposited; or, if such cert ifi cates of indebtedness have not been issued, the district may assign to such special fund for the benefit of the holders of such assessment bonds or other obligations, or to a trustee for such bondholders, the assessment liens provided for in this act unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the creation of such special fund and the issuance of such assessment bonds or other obligations,  the proceeds of such certificates of indebtedness or assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as
provided in this section. The district is authorized to covenant with the holders of such assessment bonds or other obligations that it will diligently and faithfully enforce and collect alt the special assessments and interest and penalties thereon for which such certificates of indebtedness or assessment liens have been deposited in or assigned to such fund;  to foreclose such assessment liens so assigned to  such special fund or represenet d by the certificates of indebtedness deposited in the special fund, after such assessment liens have become deli nquent, and deposit the proceeds derived from such foreclosure , including interest and penalties, in such special fund; and to make any other covenants deemed necessary or advisable in order to properly secure the holders of such assessment bonds or other obligations.
The assessment bonds or other obligations issued pursuant to this section shall have such dates of issue and maturity as shall be deemed advisable by the board; however, the maturities of such assessment bonds or other obligations shall not be more than 2 years after the due date of the last installment which will bepayable on any of the special assessments for which such assessment lien s, or the certificates of indebtednessrepresenting such assessment liens , are assigned to or deposited in such special fund.
Such assessment bonds or other obligationsissued under th is section shall bear such interest as the board may determine, not to exceed a rate which is in compliance with s. 215.84, and shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner and be subject to all of the applicable provisions contained in this act for revenue bonds, except as the same may be inconsistent with the provisions of this section.
All assessment bonds or other obligations issued under the provisions of this act, except certificates of indebtedness issued against separate lots or parcels of land or property as provided in this section, shall be and consti tute and shall have all the qualities and incidents of negotfable instruments under the law merchant and the laws of the state.
History .- s. 2, ch. 80·407 ; s. 81, ch. 81-259; s. 12, ch. 83-215.

Tax liens. - All taxes of the district provided for in this act, together With all penalties for default fn the payment of the same and all costs in coll ecti ng the same, including a reasonable att orney ' s fee fixed by the court and taxed as a cost in the action brought to enforce payment, shall, from January 1 for each year the property is liable to assessment and until paid, constitute a lien of equal dignity with the liens for state and county

taxes and other taxes of equal dignity with state and county taxes upon all  the lands against  which such  taxes shall  be levied. A sale of any of  the  real  property  within the  district for state and county or other taxes shall  not operate to relieve or release the property so sold from the  lien  for  subsequent  district  taxes  or  installments  of  district taxes, which lien may be enforced against such property as though no such sale thereof had been made .  The provisions of ss. 194.171, 197.122,  197.333,  and 197.432 shall  be applicable  to district  taxes with  the  same force and effect as if such provisions were expressly set forth in this act.
Histo ry.- s. 2, ch. 80-407; s. 33, ch. 82·226; s. 202, ch. 85-342; s. 27, ch. 95-280,

Payment of taxes and redemption of tax ttens by the d1strict; sharing in proceeds of tax sa le. -
The district has the right to:
Pay any delinquent state, county, district, municipal, or other tax or assessment  upon  lands located  wholly or partially within the boundaries of the district; and
To redeem or purchase any tax sales certificates issued or sold on account of any state, county, district, muni cipal, or other taxes or assessments upon lands located wholly or partially within the boundaries of the district.
Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the district, together with all
penalties for the default in payment of  the  same and  all costs in collecting  the  same and  a  reasonable  attorney's fee, shall constitute a lien in favor of the district of equal dignity with the liens of state and county  taxes and other taxes of equal dignity with state and county taxes upon all the real property against which the taxes were le vied .
The lien of the district may be foreclosed in the manner provided in this act.
In any sale of land pursuant  to s. 197.542 and amendments  thereto,  the district  may certify  to  the  clerk of the circuit court of the county holding such sale the amount of taxes due to the district upon the lands sought to be  sold; and the district shall share in the disbursement of the sales proceeds in accordance with  the  provisions of  this act and under the laws of the state.
Histo ry.- s. 2, ch. 80-407; s. 203, ch. 85-342.

Foreclosure of lfens.-Any lien in favor of  the  district arising  under this act  may  be foreclosed  by the district by foreclosure  proceedings  in the  name of  the  district in a court of competent  jurisdiction  as provided by general law in  like manner as is provided  in chapter 170 or chapter 173 and amendments  thereto;  the  provisions of those chapters shall be applicable to such proceedings with the same force and effect as if those provisions were expressly set forth in this act. Any act required or authorized to be done by or on behalf of a municipality in foreclosure proceedings under chapter 170 or chapter 173 may be performed  by such officer or agent of  the  district  as the board of supervisors may designate. Such foreclosure proceedings may be brought at any time after the expiration of 1 year from the date any tax, or installment thereof, becomes delinquent; however no lien shall be foreclosed against any political subdivision or agency of the state. Other legal remedies shall remain available.
Htstory. -s. 2, ch. 80-407; s. 11, ch. 2007-160.

190.031	Mandatory use of certain district facilfties and services.- To the full extent permitted by law, the district shall require all lands, buildings, premises , persons, firms , and corporations within the district to use the water management and control facilities and water and sewer facilities of the district.
History. - s. 2, ch. 80- 407.

190.033	Bids required.-
No contract shall be let by the board for any goods, supplies, or materials to be purchased when the amount thereof to be paid by the distric.t shall exceed the amount provided ins. 287.017 for category four,  unless notice of  bids or other competitive solicitat ion, including requests for proposals or qualifications, js_advertised once in a newspaper in general circulation in the county and in the  district.  Any  board seeking to construct  or improve a public building, structure, or other public works shall comply with the bidding procedures of s. 255.20 and other applicable general law. In each case, the bid of the  lowest  responsive  and  responsible  bidder shall be accepted unless all bids are rejected because the bids are too high, or the board determines it is in the best interests of  the district to reject all bids. In each case in which requests for proposals, qualifications, or other competitive

solicitations are used, the district shall determine which response is most advantageous for the  district and  award the contract to that propose r. The board may require the bidders or proposers to furnish bond with a responsible surety to be approved by the boa rd. If the district does not receive a response to its competitive solicitation , the district may proceed to purchase such goods, supplies, mate  rial s,  or construction  services in  the manner it deems in the best interests of the district . Nothing in this section shall prevent the board from undertaking and
pe rforming the co nst ruction , operation, and maintenance of any project or facility authorized by this act by the employment of labor , material, and machinery.
The provisions of the Consultants' Competitive Negotiation Act , s . 287.055, apply to contracts for engineering, architect ure, landscape architecture , or registered surveying and mapping services let by the board.
Contracts for maintenance services for any district facility or project shall be subject to competitive solicitation requirements when the amount thereof to be paid by the district exceeds the amount provided in s.
for category four. The district shall adopt rules , policies, or procedures establishing competitive solicitation procedures for maintenance services. Contracts for other services shall not be subject to competitive solicitation unless the district adopts a rule , policy, or procedure applying competitive solicitat ion procedures to said contracts.
H1st.ory.---s. 2, ch . 80-407; s. 9, ch. 91-308; s. 113, ch. 94-119; s. 42, ch. 99-378; s. 12, ch. 2007·160.

Fees, rentals, and charges; procedure for adoption and modifications; minimum revenue
requirements. -
The district is aut horized to prescribe, fix, establish, and collect rates , fees, rentals, or other charges, hereinafter sometimes referred to as " reve nue s," and to revise the same from time to time , for the facilities and services furnished by the dist rict , within the limits of the dist rict , including, but not limited to, recreational facilities, water management and control facilities, and water and sewer systems; to recover the costs of making connection with any district facility or system; and to  provide for reasonable penalties against any user or property  for any such rates , fee s, rent als, or other charges that are delinque nt .
No such rates , fee s, rentals , or other charges for any of the facilities or services of the dist rict shall be fixed until after a public hearing at which all the users of  the  proposed  facility or services  or owners,  tenants,  or occupants served or to be served thereby and all other interested persons shall have an opportun ity to be heard concerning the proposed rates , fees , rentals, or other charges . Rate s, fees , re ntals , and other charges shall be adopted under the administrative rulemaking authority of t he  dist rict ,  but shall not apply to district leases .  Notice of such public hearing setting forth the proposed schedule or schedules of  rates,  fees,  rentals,  and  other charges shall have been  published  in a  newspaper in the  county and of general circulation  in the  district at  least once and  at least 10 days prior to such public hea ring . The rulemaking hearing may be adjourned  from  time to time. After such hearing , such schedule or schedule s, either as initially proposed or as modified or amended , may be finally adopted. A copy of the  schedule  or schedules of such  rates, fees ,  rentals,  or charges as finally adopted  shall  be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fee s, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties the reafte r served which shall fall in the same class, without  the  necessity of  any notice or hearing.
Such rates, fee s, rentals, and charges shall be  just and equitable and  uniform for  users of  the  same class, and when appropriate may be based or computed either upon the amount of service fu rnished , upon the number of average number of persons residing or working in or otherwise occupying the premises served, or upon any other factor affecting the use of the facilities furnished,  or  upon any combination  of  the  foregoing factors,  as may  be dete rmine.d by the board on an equitable basis.
)	The rates, fees , rentals , or othe r charges prescribed shall be such as will produce revenu ·es , together with any othe r assessments , taxes, reve nues , or funds available or pledged for such purpose, at leas t sufficient to provide for the items hereinafter listed , but not necessarily in the order stated:
To provide for all expenses of operation and maintenance of such facility or service;

To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and
To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this act.
The board shall have the power to enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district.
Hlstory.- s. 2, ch. 80- 407; s. 10, ch. 91-308 .

Recovery of delinquent charges. - ln the event that any rates , fees, rent als, charges, or delinquent penalties shall not be paid as and when due and shall be in default for 60 days or more, the unpaid balance thereof and all interest accrued thereon , together with reasonable at torney' s fees and costs, may' be recovered by the district in a civil action .
Hi5tory,-s . 2, ch. 80-407.

Discontinuance of servi ce.- ln the event the fees, rentals, or other charges for water and sewer services, or either of them,  are not paid when  due,  the board shall have the power,  under  such reasonable  rules and regulations as the board may adopt, to discontinue and shut off both water and sewer services until such fees, rentals, or other charges, including intere st , penalties , and charges for the shutting off and discontinuance and the restoration of such water and sewer services  or both,  are  fully paid;  and,  for  such  purposes,  the board may enter on any lands, waters, or premises of any person, fi rm, corporation, or body, public or  private,  within  the district limits. Such delinquent fees, rentals, or other charges,  together  with interest,  penalties,  and charges  for  the shutting off and discontinuance and the rest oration of such services and facilities  and reasonable attorney' s fees and other expenses, may be recovered by the distri ct, which may also enforce payment of such delinquent fees, rentals, or other charges by any other lawful method of enforcement.
Hist ory.--s. 2, ch. 80-407; s. 82, ch. 81-259.

190.041	Enforcement and penalt1es.-The board or any aggrieved person may have recourse to such remedies in law and at equity as may be necessary to ensure compliance with the provisions of this act, including injunctive relief to enjoin or restrain any person violating the provisions of this act or any bylaws, r esolutions,
r egulations, ru l es, codes, or orders adopted under this act.  In case  any  building  or  structure  is erected, constructed, reconstruct  ed,  altered, repaired,  converted, or maint ained,  or any buil ding ,  str u cture , land,  or water is used, in violation of this act or of any  code,  order,  resoluti on,  or  other  regulation  made under  authority conferred by this act or under law, the board or  any cit izen residing in  the district may institute any appropriate action or proceeding to prevent  such unlawful erection,  constru  cti on, reconstructio  n,  alteration, repair, conversion, maintenance, or use; to rest rain,  correct ,  or  avoid such violation  ;  to prevent the occupancy of such buil ding, structur e, land, or water; and to prevent any illegal act, conduct,  business,  or use in  or about such premises, land, or water.
Histo ry.- s. 2, ch. 80-407; s. 83, ch. 81 -259.

Suits against the di stri ct. - Any suit or action brought or maintained against the distri ct for damages arising out of tort, including, without limitation, any claim arising upon account of an act causing an in jury or loss of property, personal inju ry, or death, shall be subject to the limitations provided ins. 768. 28.
Hlstory. - s. 2, ch. 80 -407.

Exemption of district property from execution. - All distri ct property shall be exempt from levy and sale by virtue of an execut ion , and no execution or other judicial process shall issue against such property, nor shall any judgment against the dist ri ct-be a charge or lien on its property or revenues;  h owever, nothing contained herein shall apply to or limit the rights of bondholders to pursue any remedy for the enforcement of any lien or pledge given by the district in connecti on with any of the bonds or obligations of the district.
History. . 2, ch. 8 0-407.

Termination , contr action , or expansion of district. -

A landowner or the board may petition to contract or expand the boundaries of a community development district in the following manner:
The petition shall contain the same information required bys. 190.005(1 )(a)1. and 8. In addition, if the petitioner seeks to expand the district, the petition shall describe the proposed timetable for construction  of  any district services to the area , the estimated cost of constructing the proposed services, and the  designation  of  the future general distribution, location, and extent of public and  private uses of  land  proposed  for the  area  by the future land use plan element of the adopted local government local comprehensive plan. If the petitioner seeks to contract the district, the petition shall describe  what services and facilities are  currently  provided  by the district  to the area being removed, and the designation of the future general distribution, location, and extent of  public and private uses of land proposed for the area  by the  future land element of  the  adopted  local government comprehensive plan.
For those districts initially established by county ordinance, the petition for ordinance amendment shall be filed with the county commission. If the land to  be included or excluded  is, in whole or in  part, within the boundaries of a municipality, then the county commission shall not amend the  ordinance without  municipal approval. A public hearing shall be held in the same manner and with the same public notice as other ordinance amendments. The county commission shall consider the record of the public hearing and the factors set forth in s. 190.005(1 )(e) in making its determination to grant or deny the petition for ordinance amendment.
For those districts initially established by municipal ordinance pursuant to s. 190.005(2)(e}, the municipality shall assume the duties of the county commission set forth in paragraph (b); however, if any of the land  to  be included or excluded, in whole or in part, is outside the boundaries of the municipality, then the  municipality  shall not amend its ordinance without county commission approval.
1.	For those districts initially estab ished by administrative rule pursuant to s. 190.005(1 ), the petition shall  be filed with the Florida Land and Water Adjudicatory Commission.
Prior to filing the petition, the petitioner shall pay a filing fee of S1,500, to the county if the district or the
land to be added or deleted from the district is located within an unincorporated area or to the municipality if the district or the land to be added or deleted is located within an incorporated area, and to each municipality the boundaries of which are contiguous with or contain all or a portion of the land within or to be added  to or deleted from the external boundaries of the district. The petitioner shall submit a copy of the petition to the same entities entitled to receive the filing fee. In addition,  if  the  district  is not  the  peti tioner,  the  petitioner  shall file the petition with the district board of supervisors.
Each county and each municipality shall have the option of holding a public hearing as provided by s. 190.005(1)(c). However, the public hearing shall be limited to consideration of the contents of the petition and whether the petition for amendment should be supported by the county or municipality.
The district board of supervisors shall, in lieu of a hearing officer, hold the local public hearing provided for bys. 190.005(1 )(d}. This local public hearing shall be noticed in the same manner as provided ins. 190.005(1 )(d). Within 45 days of the conclusion of the hearing, the district board of supervisors shall transmit to the Florida Land and Water Adjudicatory Commission the full record of the local hea ring , the transcript of the hearing, any resolutions adopted by the local general-purpose governme nt s, and its recommendation whether  to grant  the petition for amendment. The commission shall then proceed in accordance with s. 190.005(1 )(e).
A rule amending a district boundary shall describe the land to be added or deleted.
1. During the existence of a district initially established by administrative rule, the process to amend the boundaries of the district pursuant to paragraphs (a)·(d) shall not permit a cumulative net total greater than 50 percent of the land in the initial district, and in no event greater than 1,000 acres on a cumulative net basis.
2.	During the existence of  a.district  initially established  by county or municipal ordinance,  the process to amend the boundaries of the district pursuant to paragraphs (a)-(d) shall not  permit a cumulative  net total greater than 50 percent of the land in the initial district ,  and  in  no event greater  than 1,000 acres on a  cumulative  net basis.
Petitions to amend the boundaries of the district that exceed the amount of land specified in paragraph (e) shall be processed in accordance with s. 190.005, and the petition shall include only the elements set forth ins.

190.005(1 )(a)1. and 5.-8. and the consent required by paragraph (g). However, the resulting administrative rule or ordinance may only amend the boundaries of the district and may not establish a  new  district  or cause a  new 6· year or 10-year period to begin pursuant to s. 190.006(3)(a)2. The filing fee for such  petitions shall be as set forth ins. 190.005(1)(b ), as applicable.
In all cases of a petition to amend the boundaries of a district, the filing of the petition by the district board of supervisors constitutes consent of the landowners within the district. In all cases, written consent of those landowners whose land is to be added to or deleted from the district as provided ins. 190.005(1 )(a)2. is required.
For a petition to establish a new community development district of less than 2,500 acres on land located solely in one county or one municipality, sufficiently contiguous lands located within the county or municipality which the petitioner anticipates adding to  the  boundaries  of  the district  within 10 years after the effective date of the ordinance establishing the district may also be identified. If such sufficiently contiguous land is identified, the petition must include a legal description of each additional parcel within the  sufficiently  contiguous  land,  the current owner of the parcel,  the  acreage of the  parcel, and the current land  use designation of  the parcel. At least  14 days before the hearing required  under s.  190.005(2)(b),  the petitioner  must  give  the  current owner of each such parcel notice of filing the petition to establish the dist rict, the date and time of  the  public hearing on  the petition , and the name and address of the  petitioner.  A parcel may not  be included  in  the  district without the written consent of the owner of the parcel.
After establishment of the district, a person may petition the county or municipality to amend the boundaries of the district to include a previously identified parcel that was a proposed addition to the district before its establishment. A filing fee may not be charged for this petition. Each such petition must include:
A legal description by metes and bounds of the parcel to be added·
A new legal description by metes and bounds of the district;
Written consent of all owners of the parcel to be added;
A map of the district including the parcel to be added;
A description of the development proposed on the additional parcel; and
A copy of the original petition identifying the parcel to be added.
Before filing with the county or municipality, the person must provide the petition to the district and to the owner of the proposed additional parcel, if the owner is not the petitioner.
Once the petition is determined sufficient and complete, the  county or  municipality  must  process  the addition of the parcel to the district as an amendment to the ordinance that establishes the district. The county or municipality may process all petitions to amend the  ordinance for  parcels identified  in the  original  petition,  even if, by adding such parcels, the district exceeds 2,500 acres.
The petitioner shall cause to be published in a newspaper of general circulation in the  proposed  district  a notice of the intent to amend the ordinance that establishes  the district.  The  notice  must  be in addition  to  any notice required for adoption of the  ordinance amendment. Such  notice  must  be published  at  least 10 days before the scheduled hearing on the ordinance amendment and may be published in the section of the  newspaper  reserved for legal notices. The notice must include a general description of the land to be added  to  the  district and the  date and time of the scheduled hearing to amend the ordinance. The petitioner shall deliver, including by mail or hand delivery, the notice of the hearing on  the  ordinance amendment  to the owner  of  the  parcel and  to the district at least 14 days before the scheduled hearing.
The amendment of a district by the addition of a parcel pursuant to this paragraph does not alter the transition from landowner voting to qualified elector voting pursuant to s. 190.006, even if the total size of the district after the addition of the parcel exceeds 5,000 acres. Upon adoption of the ordinance expanding the district, the petitioner must cause to be recorded a notice of boundary amendment wbich reflects the new boundaries of the district.
This paragraph is intended to facilitate the orderly addition of lands to a district under certain  circumstances and does not preclude the addition of lands to any district using the procedures  in  the other  provisions of  this section.
The district shall remain in existence unless:

The district is merged with another district as provided in subsection (3) or subsectioh (4);
All of the specific community development systems, facili ties, and services that it is authorized to perform have been transferred to a general-purpose unit of local government in the manner provided in subsections (5), (6), and (7); or
The district is dissolved as provided in subsection (8), subsection (9), or subsection (10).
(3}	The district may merge with other community development districts upon filing a petition for merger, which petition shall include the elements set forth ins. 190.005(1) and which shall be evaluated using the criteria set forth in s. 190.005(1)(e). The filing fee shall be as set forth in s. 190.005(1)(b). In addition, the petition shall state whether a new district is to be established or whether one district shall be the surviving district. A community development district may also merge with another type of special district created by special act pursuant to the terms of that special act or by filing a petition for establishment of a new district pursuant to s. 190.005. The government formed by a merger involving a community development district pursuant to  this section shall assume  all indebtedness of, and receive title to, all property owned by the preexisting special distri cts, and the rights of creditors and liens upon property are not impaired by such merger. Any claim existing or action or proceeding pending by or against any district that is a party to the merger may be continued as if the merger had not occurred, or the surviving district may be substituted in the proceeding for the district that ceased to exist. Prior to filing a petition, the districts desiring to merge shall enter into a merger agreement and shall provide for the proper allocation of the indebtedness so assumed and the manner in which such debt shall be retired. The approval of the merger agreement and the petition by the board of supervisors of the district shall consti tute consent of the landowners wi thin the dist rict . A community development district merging with another type of district may also enter into a merger agreement to address issues of transition, including the allocation of indebtedness and retirement of debt.
(4)(a)	To achieve economies of scale, reduce costs to affected district residents and businesses in areas with multiple existing districts , and encourage the merger of multiple district s, up to five districts that were established by the same local genera-lpurposegovernment and whose board memberships are composed entirely of qualified electors may merge into one surviving district through adoption of an ordinance by the local genera-lpurpose governmen,t notwithstanding the acreage limitations otherwise set forth for the establishment of a district in this chapter. The filing of a petition by the majority of the members of each district board of supervisors seeking to merge constitutes consent of the landowners within each applicable district.
In addition to meeting the requirements of subsection (3), a merger agreement entered into between the district boards subject to this subsection must also:
Require the surviving merged district board to consist of five elected board members.
Require each at -large board seat to represent the entire geographic area of the surviving merged district .
Ensure that each district to be merged is entitled to elect at least one board member from its former boundary.
Ensure a fair allocation of board membership to represent the districts being merged. To that end:
If two districts merge, two board members shall be elected from each of the districts and one member shall be elected at-large.
If three districts merge, one board member shall be elected from each of the three districts and two board members shall be elected at-large.
If four districts merge, one board member shall be elected from each of the four districts and one board
member shall be elected at-large.
If five districts merge, one board member shall be elected from each of the five districts.
Require tbe election of board members for the surviving merged district to be held at the next general election following the merger, at which time all terms of preexisting board members shall end and the merger shall be legally in eff ect.
Before filing the merger petition with the local general-purpose government under this subsection, each district proposing to merge must hold a public hearing within its district to provide information about and take public comment on the proposed merger, merger agreement, and assignment of board seats. Notice of the hearing

shall be published at least 14 days befo re the hearing. If, after thepublic hearing, a district board decides that it no longer wants to merge and cancels the proposed merger agreement, the remaining districts must each hold another public hearing on the revised merger agreement. A petition to merge may not be filed for at least 30 days after the last public hearing held by the distric ts proposing to merge.
The local general-purpose government within the geographical boundaries of which the district lies may adopt a nonemergency ordinance providing for a plan for the transfer of a specific community development service from a district to the local general-purpose government. The plan must provide for the assumption and guarantee of the district debt that is related to the service by the local general-purpose government and must demonstrate the ability of the localgeneral-purpose government to provide such service:
As efficiently as the district.
At a level of quality equal to or higher than the level of quality actually delivered by the distr ict to the users of the service.
At a charge equal to or lower than the actual charge by the district to the users of the service.
No later than 30 days following the adoption of a transfer plan ordinance, the board of supervisors may fil e, in the circuit court for the county in which the local general-purpose government that adopted the ordinance is located, a petition seeking review by certiorari of the factual and legal basis for the adoption of the transfer plan ordinance.
Upon the transfer of all of the community development services of the district to a general-purpose unit of local.government, the district shall be terminated in accordance with a plan of termination which shall be adopted by the board of supervisors and filed with the clerk of the circuit court.
If, within 5 years after the effective date of the rule or ordinanceestablishing the district, a landowner has not received a development permit, as defined in chapter 380, on some part or all of the area covered by the district, then the district will beautomatically dissolved and a judge of the circuit court shall cause a statement to that effect to be filed in the public records.
In the event the district has become inactive pursuant to s. 189.062, the respective board of county commissioners or city commission shall be inform.ed and it shalt take appropriate action.
If a district has no outstanding financial obligations and no operating or maintenance responsibili ties, upon the petition of the district, the district may be dissolved by a nonemergency ordinance of the general-purpose local governmental entity that established the district or, if the district was established by rule of the Florida Land and Water Adjudicatory Commission, the district may be dissolved by repeal of such rule of the commission.
History.- s. 2, ch. 80-407; ss. 13, 19, ch. 84-360; s. 49, ch. 89-169; s. 11, ch. 91-308; s. 43, ch. 99-378; s. 34, ch. 2004-345; s. 31, ch.
2004-353; s. 10, ch. 2009·142; s. 22, ch. 2013·15; s. 70, ch. 2014-22; s. 3, ch. 2016-94; s. 4, ch. 2017-3; s. 1, ch. 2019-164.

Incorporation or annexation of district. -
Upon attaining the population standards for i ncorpora tion  contained ins. 165.061and as determined by the Department of Economic Opportunity, any district wholly contained within the unincorporatedarea of a county that also meets the other requirements for incorporation contained ins. 165.061 shall hold a referendum at a general election on the question of whether to incorporate. However, any district contiguous to the boundary of a municipality may be annexed to such municipality pursuant to the provisions of chapter 171.
The Department of Economic Opportunity shall annually monitor the status of the district for purposes of carrying out the provisions of this section.
Hlsto ry.-s . 14, ch. 84-360; s. 13, ch. 2007-160; s. 71, ch. 2011-142.

Sale of real estate within a district; required disclosure to purchaser. - Sub sequent to the establishment of a district under this chapter,  each contract  for  the initial  sale of  a parcel of  real property  and each contract for  the  initial sale of  a residential unit within the district shall  include,  immediately  prior  to  the space reserved in the contract for the signature of the purchaser, the  following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: "THE _(Nameof District)_ COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND

MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. "
Hlsto ry.- s. 15, ch. 84-360; s. 3, ch. 90-46; s. 44, ch. 99-378 .

190.0485	Notice of estab lishme nt.- Within 30 days after the effective date of a rule or ordinance establishing a community development district under this act , the district shall cause to  be recorded  in  the property records in the  county in which it  is located a "Notice of  Establishment of the	Community Development Dis trict. " The notice shall, at a minimum , include the legal description of the district and a copy of the disclosure statement specified in s. 190.048.
History.- s. 45, ch. 99·3 78.

Special acts prohibite d. - Pursuant to s. 11 (a)(21 ), Art. Ill of the State Constitution, there shall be no special law or general law of local applicat ion creating an independent special district which has the powers enumerated in two or more of the paragraphs contained in s.  190.012,  unless such  district is created  pursuant  to the provisions of s. 189.031.
History.- s. 2, ch. 80-407; s. 16, ch. 84-360; s. 47, ch. 99-378; s. 71, ch. 2014-22.

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S ECTION C

SECTIO	1

RESOLUTION 2020-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Old Hickory Community Development District (the "District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District (''Board") desires to elect the Officers of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT:

Section 1.

Section 2.

The following persons are elected to the offices shown:

Chairman		 Vice Chairman		  	  Secretary			 Assistant Secretary       	                                            Assistant Secretary       	                                           Assistant Secretary      	                                            Assistant Secretary       	

This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 1s1 day of June 2020.

AITEST:		OLD	IDCKORY	COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	ChairmanNice Chairman

S ECTION 2

RESOLUTION 2020-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT DESIGNATING A TREASURER AND ASSISTANT TREASURER OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Old Hickory Community Development District (the "District'')  is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District ( 'Board") desires to appoint a Treasurer and Assistant Treasurel'.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT:
Section 1.	 	is appointed Treasurer.
Section 2.	 	is appointed Assistant Treasurer.

Section 3.	This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this pt day of Jw1e, 2020.

ATTEST:	OLD	HICKORY	COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	ChairmanNice Chairman

S E.C	TION 111

S ECT10 ·	A

AGREEMENT FOR DISTRICT MANAGEMENT SERVICES BETWEEN OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT AND GOVERNMENTAL MANAGEMENT SERVICES - CENTRAL FLORIDA, LLC

Date of  Agreement: 		day of	 		1 2020 .

Between:	Governmental Management Services - Central Florida, LLC
219 E. Livingston Street Orlando, Florida 32801

(Hereinafter referred to as "Manager");

And:

Old Hickory Community Development District
A unit of special purpose local government located in City of St. Cloud, Osceola Cormty, Florida

(Hereinafter referred to as "District").

GENERAL MANAGEMENT, ADMINISTRATIVE, AND ACCOUNTING SERVICES

This engagement is for the Manager to provide District Management Services for the District. The duties and responsibilities include, but are not  limited  to  the  following:

Meeti ngsl   Hea rings, W orkshops , Etc.

The Manager will organize, conduct, and provide minutes for all meetings of the District. This includes, but is not limited to, scheduling meetings, providing agenda packages and meeting materials in the form requested by the District Board of Supervisors., and publishing Board meeting, public hearing notices, and landowner election notices pursuant to Florida law.

The Manager will consult with the District Board of Supervisors and its designated representatives, and when necessary, organize such meetings, discussions, project site visits, workshops, and hearings as may pertain to the administration and accomp1ishment of the various projects and services provided by the District.

1

Records

The Manager will maintain ''Record of Proceedings" for the District within the boundaries of the local government in which the District is located and include meeting minutes, agreements, resolutions and other records required by law or contract and provide access to such records as necessary for proper District function or compliance with Florida's public records laws.

District O perati ons

The Manager will act as the primary point of contact for District-related matters.

The Manager will consult with and advise the District on matters related to the operation and maintenance of the District's public infrastructure.

The Manager will make recommendations and assist in matters relating to solicitation, approval, rejection, amendment, renewal, and cancellation  of contracts for services to the District. In advance of expiration of contracts, the Manager will advise the Board as to need for renewal or additional procurement activities and implement same.

On or before October 1st of every year, the Manager will prepare an annual inventory of all District owned tangible personal property and equipment in accordance with all applicable rules and standards.

The Manager will recommend and advise the Board, in consultation with the District Engineer of the appropriate amount and type of insurance and be responsible for procuring all necessary insurance.

The Manager will ensure compliance with all statutes affecting the District by performing the following tasks (and such other tasks required by law but not specifically identified herein):

File name and location of the Registered Agent and Office location annually
with Department of Community Affairs and the County.
Provide legal description and boundary map as provided by District Engineer to the Supervisor of Elections
Provide the regular meeting schedule of the Board to County.
File all required financial reports to the Department of Revenue, Auditor General, the County, and other governmental agencies with jurisdiction in compliance with Florida law .

2

File request letter to the Supervisor of Election of the County for number of registered voters as of April 15, each year. Report annually the number of registered voters in the District by June 1, of each year.
Transmit Public Facilities Report and related updates to appropriate agencies.
Prepare and file annual public depositor report.

The Manager will implement an integrated management reporting system compliant with Generally Accepted Accounting Principles (GAAP) for government and fund accounting which will allow the District to represent fairly and with full disclosure the financial position of the District. The District's accounting activities will be overseen by a degreed accountant.

The Manager will prepare reports as appropriate under applicable law, accounting standards, and bond trust indenture requirements. The Manager will track the District's general fund and bond fund activities and provide monthly and annual financial statements (including budget to actual summary).

The Manager will administer the processing, review and approval, and timely payment of all invoices and purchase orders.

The Manager will oversee District's capital and general fund accounts.

The Manager will recommend and implement investment policies and procedures pursuant to State law, and provide Cash Management services to obtain maximum earnings for District operations through investment of surplus funds to the State Board of Administration.

Audits

The Manager will provide audit support to auditors for the required Annual Audit, and will ensure completion and submission of audit and Annual Financial Statements to the County, Auditor General, and other appropriate government entities in compliance with Florida law .

Budgeting

The Manager will prepare and provide for a proposed budget for Board approval and submission to County in compliance with state law. The Manager will prepare final budget and backup material for and present the budget at all budget meetings, hearings and workshops. The Manager will ensure that all budget meetings, hearings, and workshops are properly noticed.

3

The Manager will ad.minister the adopted budget and prepare  budget amendments on an ongoing basis as necessary.

The Manager will maintain proper capital fund and project fund accounting procedures and l'ecords.

The Manager will coordinate with District staff to provide for appropriate  bid  and or proposal/ qualification processes for Capital Project Cons truction.

The Manager will oversee and implement bond issue related compliance, i.e., coordination of annual arbitrage report,  transmittal  of  annual  audit and budget to the tiustee, transmittal of annual audit to bond holders and  underwriters, annual/ q1:1arterly disclosure reporting, etc.

Maintenance Contract Administration

Upon direction by the District's Board of Supervisors and upon mutual agreement of the parties hereto, Manager will provide Maintenance Contract Administration for District in general accordance with the fees outlined in Exhibit A. The parties further understand and recognize that the scope and number of contracts to be administered under said fee may be limited and/ or multiple fees may be required. Any Maintenance Contract Administration shall be by separate agreement between the parties.

FINANOAL SERVICES

Assessmettts & Revenue Collection

The Manager will develop and administer the annual assessment roll for the District. This includes administering the tax roll for the District for assessments collected by the County and administering assessments for Off Tax Roll parcels/lots.

The Manager will provide payoif information and pre-payment amounts as requested by property owners, and collect prepayment of assessments as necessary.

The Manager will monitor development of the District and perform Assessment True-up Analysis when appropriate.

The Manager will issue estoppel letters as needed for property transfers.

4

The Manager will maintain the District's Lien Book, in which is recorded the details of any District debt and the related debt service assessments. The Lien Book will account for all District debt and show the allocation of  debt principal  to assessed properties within the District.

FEES AND TERM OF SERVICES

All services will be completed on a timely basis in accordance with the District needs and statutory requirements.

The District agrees to compensate the Manager in accordance with the fee schedule set forth in the attached Exhibit A. Payment shall be made in equal monthly installments at the beginning of each month, and may be amended  annually  as evidenced by the budget approved by the Board.

This Agreement shall automatically renew each Fiscal Year of the District, unless otherwise terminated by either party. The District will consider price adjustments each twelve (12) month period to compensate for market conditions and  the  planned workload of the District to be performed during the next twelve (12) month period. Evidence of price or fee adjustments will be approved by the Board in its adopted or amended Fiscal Year Budget.

DISTRICT RESPONSIBILITIES

The District shall provide for the timely services of its legal counsel, engineer and any other consultants, contractors or employees, as required, for the Manager to perform the duties outlined in this Contract. Expenses incurred in providing this support shall be the sole responsibility of the District.

TERMINATION OF THIS CONTRACT

This Contract may be terminated as follows:

By the District for "good cause," which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by the Manager which termination may be immediate; or

By the Manager or District, for any reason, upon 60 days written notice.

5

In the event this Contract is terminated in either manner above stated, the Manager will make all reasonable effort to provide for an orderly transfer of the books and records of the District to the District or its designee.

GENERAL TERMS AND CONDITIONS

All invoices are due and payable when received.

This Contract shall be interpreted in accordance with and shall  be governed  by the laws of the State of Florida.

In the event that any provision of this contract shall be determined to be unenforceable or invalid by a court such unenforceability or invalidity shall not affect the remaining provisions of the Contract which shall remain in full force and effect.

The rights and obligations of the District  as defined  by this Contract shall inure  to the benefit of and shall be binding upon the successors and assigns of the District. There shall be no assignment of this Contract by the Manager, without the approval of the District.

Nothing contained in this Contract shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes or other statute, and nothing in this Contract shall inure to the benefit of any third party for the purpose  of  allowing any  claim which would otherwise be barred under  the Doctrine of Sovereign Immunity or  by operation of law.

Any amendment or change to this Contract shall be in writing and executed by all par ties.

NOTICES

All notices required in this Agreement shall be sent by certified mail, return receipt requested, or express mail with proof of receipt. If sent to the District,  notice shall be to:

Old Hickory Community Development District 219 E. Livingston Street
Orlando, Florida 32801 Attn: Chairman

6

With a copy to:

Latham, Luna, Eden & Beaudine, LLP 111 North Magnolia Ave., Suite 1400
Orlando, Florida 32801 Attn : Jan A. Carpenter

If notice is sent to Manager, it shall be sent to:

Governmental Management Services - Central Florida, LLC 219 E. Livingston Street
Orlando, Florida 32801 Attn: George S. Flint

This Contract shall represent the entire agreement between the Manager and the District. Both Manager and District understand and agree with the terms and conditions as set forth herein.

Approved by:
Board of Supervisors Old Hickory Community Development District

Secretary/ Assistant Secretary

By :    	_
Chairman

Governmental Management Services
Central Florida, LLC

 	
Witness	George S. Fli n t, Vice-President

7

EXHIBIT A
DISTRICT MANAGEMENT FEE SCHEDULE
May 2020

Management, Administrative, and Accounting Services

Annual Fee paid in equal monthly payments (plus reimbursables)

$ 35,000

Annual Assessment Administration	$ 5,000 (Beginning with the first assessment to individual
unit owners, direct assessment or utilizing tax collector)

Other Services*
Maintenance Contract Administration
Pre-paid Assessment Collection Fee
Bond Issuance Cost
Annual Dissemination Agent Fee
SERC Preparation & Assistance w/ Petition
Assessment Methodology Preparation

Negotiated
$	75 (per lot/ unit)
$  15,000 (per bond issue)
$	3,500 (per bond issue)
$	2,500
$ 15,000

*Costs for other services shall be by separate agreement or work authorization and may be adjusted based upon the scope of services provided.

8

SECTION 8

LATHAM, LUNA, EDEN & BEAUDINE, LLP
ATTORNEYS  AT LAW

MlCHAl!L J. B EAliDINE MICIIAE!. G. C>.ND«YTTI
JAN ALDAl'lt!St CAllrENTEl\ DANIEi. H. CO\JLTOFF JENNIFERS. RoEN
DoRO"n1Y F . G IWE'.I JOStlUA D. GllOSSI IANS JOSl!OA L IIAWES KATHRYN A. HtJYNII

l I I NORTH MAGNOLlA AVENUE, SUITE 1400
ORLANDO, FLORIDA 32S0I l?OST OFFfCE! BO X 3353 ORLANDO, FLORIDA 32802
7'EJ..EP110 NE: (407) 481-5800
FACSIMIL E: (407) 481-SS0I
WWW . I- Tif AMJ.I JtlA C QM

B RU Cll D, K>IAl'P
Pl!JUG,LAnt.u• MARCL LEVINE JUSTIN M. LUNA
l'ATRJCIA .IL MCCONNELL
LORI T, MU,VAIN
Cl tRl:l'mlA Y . T AYLOR KlusTm B, TRUCCO DANIEL  A. VELASQUEZ
F'RANKM WOLi'!'

June l  2020

Board of Supervisors
Old Hickory Community Development District c/o George Flint, District Manager
Governmental Management Services - Central Florida, LLC 219 E. Livingston Street
Orlando, Florida 3280 l gflint@ gmscfl.com

Re:	Engagement of Latham, Luna, Eden & Beaudine, LLP to Provide Legal Services to Old Hickor y Communit Development Distrkt

Dear Board of Supervisors:

This letter sets forth the terms and conditions under which Latham, Luna, Eden & Beaudine, LLP (the "Firm") offers to serve as District Counsel to the Old Hickory Community Development District (the "District"). We thank you for the opportunity to provide you with services and look fo1ward to working with you and the other supervisors on the board of the District. Unless otherwise specifically indicated in this letter, for purposes of the engagement described herein, no person or entity other than the District shall be a client of the Firm for any purpose.

The scope of the services which the Firm will provide, the basis upon which it will charge fees therefor, and the other terms of this engagement are as follows:

Scope of Legal Services as District Counsel. The Firm will provide the District with services to include (but not be limited to) the following :

Advise the District regarding general matters which come before the
District.

Review of financing and re-financing transactions proposed for the District.

L ATHAM. LUNA, EDEN & B EAUDINE. LLP
Board of Supervisors
Old Hickory Community Development District
Juoe 1, 2020 Page2

Review offrnancing and disclosure documents prepared in connection with bonds to be issued or re-structured by the District, as well as preparation of any issuer documents and due diligence review.

Provide required legal opinions in connection witb the issuance or re- structuring of bonds by the District; covering the organization and existence of the District; its authority to issue bonds and to enter into other related transactions; the authorization and execution of certain documents to be delivered by the District in connection with the issuance orrestructuring of bonds; the enforceability of the agreements entered into by the District; to our actual knowledge, the absence or existence of any litigation affecting the District; and to our knowledge, the accuracy of information concerning the District contained in offering documents prepared in connection with the sale of bonds of the District.

Attend District board meetings; supply such staff support for the District as may be requested; advise the District on matters such as public records, sunshine law matters and public ethics matters; assist in the annual audit of the District, as requested; and otherwise assist and advise the District and its staff, as appropriate, in matters properly before or relating to the District.

In addition to the above, the Firm will be available to consult with the District's board of supervisors, the District Manager, the District Engineer, and with representatives of the City of St. Cloud, Osceola County, with regard to questions that may arise with regard to any District business, financing or outstanding or re-issued debt. Work performed hereunder shall be generally by direction of the chairman of the board of supervisors of the District or by the District Manager. Unless the Finn is ctirected otherwise with respect to a particular matter all communications pertaining to the progress of any work performed hereunder shall be addressed to the chairman of the District or the District Manager, with copies to the other members if necessary or desirable. Flat fee billing arrangements may be negotiated for bond issues and refinancing/restructuring transactions.

Bill inl! Practices and Fees. Our fees will be based upon the ethical rules governing our practice. The amount of each fee will be the fair value of the services provided, taking into account the time spent, the nature of the services performed, the expertise required, the size and scope of the matter, the results obtained, the emergency nature of any request for services by the District, and other relevant considerations. For most services rendered by the Firm, a primary determinant of fees will be the internally established hourly rates for each of the Firm's attorneys and parale gals . These hourly rates may be adjusted annuaUy as determined by the Firm. Currently, the Firm's hourly rates range from $90 per hour for our most junior paralegals  to $550 per  hour for our most experienced , specialized partners . I, along with a junior associate, will be the attorneys primarily responsible for providing the services to the Petitioner, although we will avoid

LA THAM, LUNA. EDEN &BEAUDINE, LLP
Board of Supervisors
Old Hickory Community Development District June l, 2020
Page3

pcrfomring duplicative services. My current rate for governmental work is $355 per hour.  I will be assisted by an associate Kristen E. Trucco, whose current rate is $250 per hour. The public finance paralegals in our department have a current rate of $105 per hour. Others within the Firm may assist us in the future at their normal hourly rates, if expertise in litigation, real estate, etc., or other legal areas is required. All fees for the District's bond financing and related work, that is expected to be reimbursable by the proceeds of the financing, shall not be billed until the time such financing is closed.

Costs and Expenses. 1n providing services to the District, the Firm will necessarily incur out of pocket expenses, The District will be required to reimburse the Firm for these expenses which may include, among others, communication costs (i.e., courier, long distance telephone charges, facsimile charges, etc.), document reproduction charges, filing fees, secretarial overtime when required by the matter's timing, and charges incurred in connection with computer research facilities. Internal Firm costs are invoiced at rates established by the Firm from time to time. A list of the current internal Finn cost rates is available upon request. It is Firm policy that any invoice from a third-party vendor incurred on behalf of the District wi11 be forwarded to you for direct payment by the District to the vendor.

The Firm and the District expects tbis engagement to remain in effect for a period of time beginning at the date of the District's execution of this letter. The Finn will serve under this engagement letter at the pleasure of the District and/or the Finn, and the engagement may be terminated by the District or by the Firm at any time. The Firm shall be paid for all work performed through the date of termination and shall be paid for work on any and all bond issues (and/or re­ structuring of bond issues) upon which it has rendered services (whether or not such issue or re­ structuring has closed).

Pa 1ent of Invoices. Unless otherwise agreed in writing with the District, the Firm renders monthly invoices specifying the services performed and expenses incurred. The amount reflected as due in each invoice is payable within thirty (30) days following receipt by the District. The Firm attempts to include disbursements in each invoice for the month following which such disbursements are incurred. However, given the nature of disbursements, some may not be immediately available in which case they will be included within a subsequent invoice. The Firm also reserves the right to charge interest on past due invoice balances at an amount not to exceed one and one-half percent ( 1 . 5%) per month. Any questions concerning an invoice rendered by the Firm should be referred to me as the account billing attorney or to the Managing Partner of the Firm.

LATHAM, L UNA, EDEN & B EAUDINE, LLP
Board of Supervisors
Old Hickory Community Development District June l, 2020
Page4

Adverse Representation. As you may know, the Firm has represented, currently represen ts, and will in the future represent, numerous other districts and state and local governments, as well as other private and governmental clients in real estate, bankruptcy , litigation, public finance matters and the like . Such. other matters are unrelated to the representation described in this engagement letter. The Firm does not believe that  its representation of such other districts would interfere with its current representation of the District as specified herein. However, because of the large number of such other clients, it is important to have a clear understanding which will govern our relationship. Our representation is based on the understanding that the Firm may undertake representation in the future of other clients in matters , including litigation, which may be adverse to the District or its primary developer, and that the District hereby consents to such representation.

Subject to Sunshine Law constraints, the Finn is subject to ethical rules which prohibit the disclosure of confidential information obtained in representing the District which could be used to the District's disadvantage in any such other representation, and the Firm will not take a position adverse to the District in any litigation or dispute arising directly out of any specific representation of the District. Tbe Firm will advise the District, and withdraw from representation of the District, if representation of the District could adversely affect the judgment or quality of services to be rendered by the Firm in its representation of the District and/or result in a material, actual or perceived conflict of interest and/or if such representation has violated violates, will violate or threatens to violate traditional ethical standards imposed by the Rules Regulating the Florida Bar, especially Rule 4-1. 7, or violates any provisions of the Florida Statutes.

Scope of Services. You have retained the Firm to provide general legal representation in connection with the ongoing matters of the District. The District has not retained the Firm to provide legal representation or advice in any other area of law unrelated to the specific representation which the Firm hereby unde1takes (for example, we are not providing litigation, bankruptcy or bond counsel services at this time). In the event a need arises in any other area, the Finn would be happy to discuss with you expanding the scope of its services consistent with the terms of this letter or recommending that special counsel be retafaed to advise the District on such matters.

We apologize for the formality of this letter. However, we believe it is essential for the protection of both the District aJld the Firm to clearly specify the terms of our ongoing relationship. In light of the fact that we are requesting the District to signify its concurrence with the terms of this letter by signing below, the District is certainly welcome and is encouraged to have the terms of this letter reviewed by separate counsel.

LATHAM , LUN , EDEN & BEAUDINE. LLP
Board of Supervisors
Old Hickory Community Development District
June l , 2020
Page 5

If the terms of this letter are acceptable to you, please sign this letter below and return this letter to my attention via email or facsimile.

We at the Firm look forward to serving as legal counsel for the Old Hickory Community Development Direct

Very truly yours,

Jan Albanese Carpenter, Esquire
For the Firm

ACCEPTED AND AGREED TO:
OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT

By: 		_ Print Name: 	_
Ttle;-------------------
Dated: 	

SECTION C

RESOLUTION 2020-03

A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND DESIGNATING A REGISTERED AGENT AND REGISTERED AGENT,S OFFICE FOR THE PURPOSE OF ACCEPTING SERVICE OF PROCESS, NOTICE OR DEMAND ON BEHALF OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT.

WHEREAS, The Old Hickory Community Development District (hereinafter the "District '') is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes , being situated entirely within the City of St. Cloud Osceola County, Florida; and

WHEREAS, the District is statutorily required to designate a registered agent and a registered office location for the purposes of records keeping and accepting any process, notice or demand required or permitting by law to be served upon the District in accordance with section 189.416(1), Florida Statutes .

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT:

ection 1.	Jan A. Carpenter of Latham, Luna, Eden & Beaudine , LLP is hereby designated as regis tered agent for the Old Hickory Community Development District .

Section 2.	The Dis tric t' s Registered Office shall be 111 N. Magnolia Avenue Suite 1400, Orlando, FL 32801 and whose telephone number is 407-481-5800.

ection 3. In accordance with section 189.416,  Florida  Statutes ,  the District's Secretary is hereby directed to file certified copies of this Resolution to Osceola County and to the Florida Department of Economic Opportunity .

ection 4.	This Resolution shall become ef fecti ve on June 1, 2020.

PASSED AND ADOPTED TlllS 1st DAY OF JUNE, 2020.

ATTEST:		OLD	lilCKORY	COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

SECTION D

REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICE FOR THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

RFQ/or Engineering Services

The Old Hickory Commun ity Development District ("District'') , located in the City of St. Clo ud, Osceola County, Florida announces that professional engineering services will be required on a continuing basis for the District's capital improvements which may include work related to stormwater management system, stonnwater retention ponds, stormwater collection infrastructure, lift stations , public roadways and other public improvements authorized by Chapter 19 0, Florida Statutes. The engineering firm selected will act in the general capac ity of District Engi?eer and provide Distiict engineering services , as required.

Any finn or individual ("Applicant")  desiring to provide professional services to the District must:
hold applicable federal, state and local licenses ; 2) be authorized to do business i_n Florida in accordance with Florida law; and 3) furnish a statement ("Qualification Statement') of its quaJjfications and past experience on U.S. General Service Administration's" Architect-En gineer Qualificatio ns, Standard Form No. 330,"  with pertinent supporting data.  Among other things , Applicants must submit information  relating to:
the ability and adequacy of the Applicant's professional personnel; b) whether the Applicant is a certified minority business enterprise; c) the App licant' s willingness to meet time and budget requirements; d) the Applic ant ' s past experience and perfo nnance, including but not limited to past experience as a District Engineer for any community development districts and past experience with Osceola County; e) the geographic location of the Applicant' s headquarters and offices; t) the current and projected workloads of the Applicant ; and g) the volume of work previously awarded to the Applicant by the District. Further, each Applicant must identify the specific individual affiliated with the Applicant who would be handling District meetings, construction services, and other engineering tasks.

The District will review all Applic ants and will comply with Florida law, including the Consultant's Competitive Negotiations Act, Chapter 287, Florida Statures (" CCNA ").  All  applicants  interested  must submit one (l) original and one (1) electronic version  of Standard  Fonn  No. 330 and  Qualification  Statement by  12:00  PM on 	to the attention of Mr. George S. Flint, c/o Governmental Management Services-Central Florida, LLC, 219 E. Living ton  Street,  Orlando, Florida 32801 ("District Manager's Office'').

The Board shall select and rank the Applicants using the requirements set forth in the CCNA and the evaluation criteria on file with the District Manager, and the highest ranked Applicant will be requested to enter into contract negotiations. If an agreement cannot be reached between the District and the highest ranked Applicant, negotiations will cease and begin with the next highest ranked Applicant, and if these negotiations are unsuccessful will cont inue to the third highest ranked Applicant.

The District reserves the right to reject any and all Qualification Statements. Additiona lly , there is no express or implied obligation for the District to reimburse Applicants for any expenses associated with the preparation and submittal of the Qual ificat ion Statements in response to this request.

Any protest regarding the terms of this Notice, or the evaluation criteria on file with the District Manager, must be filed in writing, within  seventy-two  (72) hours (excluding  weekends)  after  the  publication of this Notice. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days afi.er  the initial  notice of  prote  l  was  filed.  Failure to  timely file a notice of protest or failure to timely file a formal written protest  shall constitute  a waiver of  any dght to object or protest with respect to aforesaid Notice. or evaluation criteria provisi ons. A1.1y person  who files a notice of protest shall provide to the Distric t, simultaneous with the filing of the notice, a protest bond  with a responsible  surety  to  be  approved  by  the  District  and  in  the  amount  of  Ten  Thousand  Dollars ($10 000.00). Additional information  and requirements regarding  protests are set forth in the District  ' s Rules of Procedure, which are available from the District Manager.

OLDIDCKORY COMMUNITY DEVELOPMENT DISTRICT
DISTRICT ENGINEER PROPOSALS COMPETITIVE SELECTION CRITERIA
I)	AbiUty and Adequacy of Professional Personnel	(Weight: 25 Points)

Consider the capabilities and experience of key personnel within the firm including certification, training, and education; affiliations and memberships with professional organi zations; etc.

Consultant's Past Performance	(Weight: 25 Points)

Past perfonnance for other Commwiity Development Districts in other contracts; amount of experience on similar projects; character, integrity, reputation, of respondent; etc.

Geographic Location	(Weight: 20 Points)

Consider the geographic location of the firm's headquarters, offices and personnel in relation to the project.

WilJingucss to Meet Time and Budget Requirements	(Weight: 15 Points)

Consider the consu ltant' s ability and desire to meet time and budget requirements including rates, staffing levels and past performance on previous projects; etc.
Certified   Minority Business  Enterprise	(Weight: 5 Points) Consider whether the firm is a Certified Minority Business Enterprise. Award either all eligible points
or none.

Recent, Current and Projected Workloads

Consider the recent, current and projected workloads of the firm.

Volume ofWorl< Previously Awarded to Consultant by District

(Weight: 5 Points)

(Weight: 5 Points)

Consider the desire to diversify the firms that receive work from the District; etc.

(·

SECT-IO	N	IV

S ECTION C

SECTIO	1

RESOLlITION 2020-04

RESOLUTION TO DESIGNATE DATE, TIME AND PLACE OF PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF ADOPTING UNIFORM RULES OF PROCEDURE FOR THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

WHEREAS1 the Old Hickory Community Development District (hereinafter the "District") is a local unit of special-purpose government created  and  existing  pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of St. Cloud, Osceola County, Florida; and

WHEREAS, the Board of Supervisors (hereinafter the "Board") is authorized by Section 190.011(5), Florida Statutes, to adopt rules and orders pursuant to Chapter 120, Florida Statutes; and

WHEREAS, the Board has reviewed the attached draft Rules of Procedure and desires hold the necessary public hearing regarding the adoption of the Rules of Procedure.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF  SUPERVISORS  OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT:

A public hearing will be held for the adoption of Uniform Rules of Procedure on:
Date:		 Hou r:	 	 Place:	 	

The Disn·ict Secretary is directed to publish a notice of rule development and a notice of rule making in accordance with Section 120.54, Florida Statutes.

PASSED AND  ADOPTED THIS 1st DAY OF JUN  E1   2020.

ATTEST:	OLD	HICKORY	COMMUNITY DEVELOPMENT DISTRICT

Secretary/ Assistant Secretary	Chairman/Vice Chairman

RULES OF PROCEDURE
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT EFFECTIVE AS OF  	

TABLE OF CONTENTS
Rule  1.0	General.	2
Rule 1.1	Board of Supervisors; Officers and Voting.	3
Rule 1.2	District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.	7
Rule 1.3	Public Meetings, Hearings, and Workshops.	10
Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse	15
Rule 2.0	Rulemaking Proceedings.	16
Rule 3.0	Competitive Purchase.	22
Rule 3.1	Procedure Under the Consultants' Competitive Negotiations Act.	27
Rule 3.2	Procedure Regarding Auditor Selection.	31
Rule 3.3	Purchase of Insurance.	35
Rule 3.4	Pre-qualification	37
Rule 3.5	Construction Contracts, Not Design-Build	42
Rule 3.6	Construction Contracts, Design-Build.	46
Rule 3.7	Payment and Performance Bonds.	51
Rule 3.8	Goods, Supplies, and Materials.	52
Rule 3.9	Maintenance Services.	56
Rule 3.10	Contractual Services.	59
Rule 3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.8, and 3.9.	60
Rule 4.0	Effective Date.	63

1

Rule 1.0	General.

The Old Hickory Community Development District (the “District”) was created pursuant to the provisions of Chapter 190 of the Florida Statutes, and was established to provide for the ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these rules (the “Rules”) is to describe the general operations of the District.

Definitions located within any section of these Rules shall be applicable within all other sections, unless specifically stated to the contrary.

Unless specifically permitted by a written agreement with the District, the District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

A Rule of the District shall be effective upon adoption by affirmative vote of the District Board. After a Rule becomes effective, it may be repealed or amended only through the rulemaking procedures specified in these Rules. Notwithstanding, the District may immediately suspend the application of a Rule if the District determines that the Rule conflicts with Florida law. In the event  that a Rule conflicts with Florida law and its application has not been suspended by the District, such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law, the Rule shall be automatically suspended.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

2

Rule 1.1	Board of Supervisors; Officers and Voting.

Board of Supervisors. The Board of Supervisors of the District (the “Board”) shall consist of five (5) members. Members of the Board (“Supervisors”) appointed by ordinance or rule or elected by landowners must be citizens of the United States of America and residents of the State of Florida. Supervisors elected or appointed by the Board to elector seats must be citizens of the United States of America, residents of the State of Florida and of the District and registered to vote with the Supervisor of Elections of the county in which the District is located and for those elected, shall also be qualified to run by the Supervisor of Elections. The Board shall exercise the powers granted to the District under Florida law.

Supervisors shall hold office for the term specified by Section 190.006 of the Florida Statutes. If, during the term of office, any Board member(s) vacates their office, the remaining member(s) of the Board shall fill the vacancies by appointment for the remainder of the term(s). If three or more vacancies exist at the same time, a quorum, as defined herein, shall not be required to appoint replacement Board members.

Three (3) members of the Board shall constitute a quorum for the purposes of conducting business, exercising powers and all other purposes.  A Board member shall be counted toward the quorum if physically present at the meeting, regardless of whether such Board member is prohibited from, or abstains from, participating in discussion or voting on a particular item.

Action taken by the Board shall be upon a majority vote of the members present, unless otherwise provided in the Rules or required by law.  Subject to Rule 1.3(10), a Board member participating in the Board meeting by teleconference or videoconference shall be entitled to vote and take all other action as though physically present.

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (1)(c) of this Rule.

Officers. At the first Board meeting held after each election where the newly elected members take office, the Board shall select a Chairperson, Vice- Chairperson, Secretary, Assistant Secretary, and Treasurer.

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District’s behalf. The Chairperson shall convene and conduct all meetings of the Board. In the event the Chairperson is unable

3

to attend a meeting, the Vice-Chairperson shall convene and conduct the meeting. The Chairperson or Vice-Chairperson may delegate the responsibility of conducting the meeting to the District’s manager (“District Manager”) or District Counsel, in whole or in part.

The Vice-Chairperson shall be a member of the Board and shall have such duties and responsibilities as specifically designated by the Board from time to time. The Vice-Chairperson has the authority to execute resolutions and contracts on the District’s behalf in the absence of the Chairperson. If the Vice-Chairperson resigns from office or ceases to be a member of the Board, the Board shall select a Vice-Chairperson. The Vice-Chairperson serves at the pleasure of the Board.

The Secretary of the Board serves at the pleasure of the Board and need not be a member of the Board. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. An employee of the District Manager may serve as Secretary. The Secretary shall be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

The Treasurer need not be a member of the Board but must be a resident of the State of Florida. The Treasurer shall perform duties described in Section 190.007(2) and (3) of the Florida Statutes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. The Treasurer shall either be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are authorized to execute agreements, resolutions, and other documents approved by the Board at such meeting. In the event that the Chairperson and Vice-Chairperson are both unavailable to execute a document previously approved by the Board, the Secretary or any Assistant Secretary may execute such document.

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The Board may assign additional duties to District officers from time to time, which include, but are not limited to, executing documents on behalf of the District.

The Chairperson, Vice-Chairperson, and any other person authorized by District Resolution may sign checks and warrants for the District, countersigned by the Treasurer or other persons authorized by the Board.

Committees. The Board may establish committees of the Board, either on a permanent or temporary basis, to perform specifically designated functions. Committees may include individuals who are not members of the Board. Such functions may include, but are not limited to, review of bids, proposals, and qualifications, contract negotiations, personnel matters, and budget preparation.

Record Book. The Board shall keep a permanent record book entitled “Record of Proceedings,” in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, and corporate acts. The Records of Proceedings shall be located at a District office and shall be available for inspection by the public.

Meetings. For each fiscal year, the Board shall establish a schedule of regular meetings, which shall be published in a newspaper of general circulation in the county in which the District is located and filed with the local general-purpose governments within whose boundaries the District is located. All meetings of the Board and Committees serving an advisory function shall be open to the public in accord with the provisions of Chapter 286 of the Florida Statutes.

Voting Conflict of Interest. The Board shall comply with Section 112.3143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by the Florida Constitution and Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member’s special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.

When a Board member knows the member has a conflict of interest on a matter coming before the Board, the member should notify the Board’s Secretary prior to participating in any discussion with the Board on the matter. The member shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes.

5

If the Board member was elected at a landowner’s election or appointed to fill a vacancy of a seat last filled at a landowner’s election, the Board member may vote or abstain from voting on the matter at issue. If the Board member was elected by electors residing within the District, the Board member is prohibited from voting on the matter at issue. In the event that the Board member intends to abstain or is prohibited from voting, such Board member shall not participate in the discussion on the item subject to the vote.

The Board’s Secretary shall prepare a Memorandum of Voting Conflict (Form 8B) which shall then be signed by the Board member, filed with the Board’s Secretary, and provided for attachment to the minutes of the meeting within fifteen (15) days of the meeting.

If a Board member inadvertently votes on a matter and later learns he or she has a conflict on the matter, the member shall immediately notify the Board’s Secretary. Within fifteen (15) days of the notification, the member shall file the appropriate Memorandum of Voting Conflict, which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The Memorandum of Voting Conflict shall immediately be provided to other Board members and shall be read publicly at the next meeting held subsequent to the filing of the Memorandum of Voting Conflict. The Board member’s vote is unaffected by this filing.

It is not a conflict of interest for a Board member, the District Manager, or an employee of the District to be a stockholder, officer or employee of a landowner or of an entity affiliated with a landowner.

In the event that a Board member elected at a landowner’s election or appointed to fill a vacancy of a seat last filled at a landowner’s election, has a continuing conflict of interest, such Board member is permitted to file a Memorandum of Voting Conflict at any time in which it shall state the nature of the continuing conflict. Only one such continuing Memorandum of Voting Conflict shall be required to be filed for each term the Board member is in office.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 112.3143, 190.006, 190.007, Fla. Stat.

6

Rule 1.2	District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.

District Offices. Unless otherwise designated by the Board, the official District office shall be the District Manager’s office identified by the District Manager. If the District Manager’s office is not located within the county in which the District is located, the Board shall designate a local records office within such county which shall at a minimum contain, but not be limited to, the following documents:

Agenda packages for prior 24 months and next meeting;

Official minutes of meetings, including adopted resolutions of the Board;

Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by law;

Adopted engineer’s reports;

Adopted assessment methodologies/reports;

Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

Proceedings, certificates, bonds given by all employees, and any and all corporate acts;

District policies and rules;

Fiscal year end audits; and

Adopted budget for the current fiscal year.

The District Manager shall ensure that each District records office contains the documents required by Florida law.

Public Records. District public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business of the District. All District public records not otherwise restricted by law may be copied or inspected at the District Manager’s office during regular business hours. Certain District records can also be inspected and copied at the District’s local records office during regular business hours. All written public records requests shall be directed to the Secretary who by these rules is appointed

7

as the District’s records custodian. Regardless of the form of the request, any Board member or staff member who receives a public records request shall immediately forward or communicate such request to the Secretary for coordination of a prompt response. The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. At no time can the District be required to create records or summaries of records, or prepare opinions regarding District policies, in response to a public records request.

Service Contracts. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records laws. The District Manager shall be responsible for initially enforcing all contract provisions related to a contractor’s duty to comply with public records laws.

Fees; Copies. Copies of public records shall be made available to the requesting person at a charge of $0.15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches. For copies of public records in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($1.00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole or in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of the individual(s) who is/are qualified to perform the labor, taking into account the nature or volume of the public records to be inspected or copied. The charge may include the labor costs of supervisory and/or clerical staff whose assistance is required to complete the records request, in accordance with Florida law. For purposes of this Rule, the word “extensive” shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in this section shall apply. If the total fees, including but not limited to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance. Should the person fail to pay the estimate, the District is under no duty to produce

8

the requested records. After the request has been fulfilled, additional payments or credits may be due. The District is under no duty to produce records in response to future records requests if the person making the request owes the District for past unpaid duplication charges, special service charges, or other required payments or credits.

Records Retention. The Secretary of the District shall be responsible for retaining the District’s records in accordance with applicable Florida law.

Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.

Financial Disclosure Coordination. Unless specifically designated by Board resolution otherwise, the Secretary shall serve as the Financial Disclosure Coordinator (“Coordinator”) for the District as required by the Florida Commission on Ethics (“Commission”). The Coordinator shall create, maintain and update a list of the names, e-mail addresses, physical addresses, and names of the agency of, and the office or position held by, all Supervisors and other persons required by Florida law to file a statement of financial interest due to his or her affiliation with the District (“Reporting Individual”). The Coordinator shall provide this list to the Commission by February 1 of each year, which list shall be current as of December 31 of the prior year. Each Supervisor and Reporting Individual shall promptly notify the Coordinator in writing if there are any changes to such person’s name, e-mail address, or physical address. Each Supervisor and Reporting Individual shall promptly notify the Commission in the manner prescribed by the Commission if there are any changes to such person’s e- mail address.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 112.31446(3), 112.3145(8)(a)1., 119.07, 119.0701, 190.006, Fla. Stat.

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Rule 1.3	Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board. Public notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. “General circulation” means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. The annual meeting notice required to be published by Section
189.015 of the Florida Statutes, shall be published in a newspaper not of limited subject matter, which is published at least five days a week, unless the only newspaper in the county is published less than five days a week. Each Notice shall state, as applicable:

The date, time and place of the meeting, hearing or workshop;

A brief description of the nature, subjects, and purposes of the meeting, hearing, or workshop;

The District office address for the submission of requests for copies of the agenda, as well as a contact name and telephone number for verbal requests for copies of the agenda; and

The following or substantially similar language: “Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (904) 940-5850. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) 955-8770 or 1 (800) 955-8771, who can aid you in contacting the District Office.”

The following or substantially similar language: “A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.”

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The following or substantially similar language: “The meeting [or hearing or workshop] may be continued in progress without additional notice to a time, date, and location stated on the record.”

Mistake. In the event that a meeting is held under the incorrect assumption that notice required by law and these Rules has been given, the Board at its next properly noticed meeting shall cure such defect by considering the agenda items from the prior meeting individually and anew.

Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare an agenda of the meeting/hearing/workshop. The agenda and any meeting materials available in an electronic format, excluding any confidential and any confidential and exempt information, shall be available to the public at least seven days before the meeting/hearing/workshop, except in an emergency. Meeting materials shall be defined as, and limited to, the agenda, meeting minutes, resolutions, and agreements of the District that District staff deems necessary for Board approval. Inclusion of additional materials for Board consideration other than those defined herein as “meeting materials” shall not convert such materials into “meeting materials.” For good cause, the agenda may be changed after it is first made available for distribution, and additional materials may be added or provided under separate cover at the meeting. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings.

The District may, but is not required to, use the following format in preparing its agenda for its regular meetings:

Call to order Roll call
Public comment Organizational matters Review of minutes
Specific items of old business Specific items of new business Staff reports
District Counsel
District Engineer
District Manager
Financial Report
Approval of Expenditures Supervisor’s requests and comments Public comment
Adjournment

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Minutes. The Secretary shall be responsible for preparing and keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. The Secretary may work with other staff  members in preparing draft minutes for the Board’s consideration.

Special Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office. Such persons shall furnish a mailing address in writing and shall be required to pre-pay the cost of the copying and postage.

Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavailable, upon consultation with the District Manager and District Counsel, if available, may convene an emergency meeting of the Board without first having complied with sections (1) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District’s website, if it has one. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary, and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shall be permitted to provide comment on any proposition before the Board. The portion of the  meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida law.

Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008 of the Florida Statutes. Once adopted in accord with Section
190.008 of the Florida Statutes, the annual budget(s) may be amended from time to time by action of the Board. Approval of invoices by the Board in excess of  the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item.

Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and

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published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing.

Participation by Teleconference/Videoconference. District staff may participate  in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment of the Board extraordinary circumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless a  majority of the Board members physically present determines that extraordinary circumstances do not exist.

Board Authorization. The District has not adopted Robert’s Rules of Order. For each agenda item, there shall be discussion permitted among the Board members during the meeting. Unless such procedure is waived by the Board, approval or disapproval of resolutions and other proposed Board actions shall be in the form of a motion by one Board member, a second by another Board member, and an affirmative vote by the majority of the Board members present. Any Board member, including the Chairperson, can make or second a motion.

Continuances. Any meeting or public hearing of the Board may be continued without re-notice or re-advertising provided that:

The Board identifies on the record at the original meeting a reasonable need for a continuance;

The continuance is to a specified date, time, and location publicly announced at the original meeting; and

The public notice for the original meeting states that the meeting may be continued to a date and time and states that the date, time, and location of any continuance shall be publicly announced at the original meeting and posted at the District Office immediately following the original meeting.

Attorney-Client Sessions. An Attorney-Client Session is permitted when the District’s attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District’s attorney must request such session at a public meeting. Prior to holding the Attorney-Client Session, the District must give reasonable public notice of the time and date of the session and the names of the persons anticipated to attend the session. The session must commence at an open meeting in which the Chairperson or Vice-Chairperson announces the commencement of the session, the estimated length of the session, and the names of the persons who will be attending the session. The discussion during the session is confined to settlement negotiations or strategy related to

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litigation expenses or as may be authorized by law. Only the Board, the District’s attorneys (including outside counsel), the District Manager, and the court reporter may attend an Attorney-Client Session. During the session, no votes may be  taken and no final decisions concerning settlement can be made. Upon the conclusion of the session, the public meeting is reopened, and the Chairperson or Vice-Chairperson must announce that the session has concluded. The session must be transcribed by a court-reporter and the transcript of the session filed with the District Secretary within a reasonable time after the session. The transcript shall not be available for public inspection until after the conclusion of the litigation.

Security and Firesafety Board Discussions. Portions of a meeting which relate to or would reveal a security or firesafety system plan or portion thereof made confidential and exempt by section 119.071(3)(a), Florida Statutes, are exempt from the public meeting requirements and other requirements of section 286.011, Florida Statutes, and section 24(b), Article 1 of the State Constitution. Should the Board wish to discuss such matters, members of the public shall be required to leave the meeting room during such discussion. Any records of the Board’s discussion of such matters, including recordings or minutes, shall be maintained as confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.069(2)(a)16, 190.006, 190.007, 190.008, 286.0105, 286.011, 286.0113, 286.0114, Fla. Stat.

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Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse

Internal Controls. The District shall establish and maintain internal controls designed to:

Prevent and detect “fraud,” “waste” and “abuse” as those terms are defined in section 11.45(1), Florida Statutes; and
Promote and encourage compliance with applicable laws, rules contracts, grant agreements, and best practices; and
Support economical and efficient operations; and
Ensure reliability of financial records and reports; and
Safeguard assets.

Adoption. The internal controls to prevent fraud, waste and abuse shall be adopted and amended by the District in the same manner as District policies.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 218.33(3), Fla. Stat.

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Rule 2.0	Rulemaking Proceedings.

Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. A “rule” is a District statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the District (“Rule”). Nothing herein shall be construed as requiring the District to consider or adopt rules unless required by Chapter 190 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.

Notice of Rule Development.

Except when the intended action is the repeal of a Rule, the District shall provide notice of the development of a proposed rule by publication of a Notice of Rule Development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by section
of this Rule. Consequently, the Notice of Rule Development shall be published at least twenty-nine (29) days prior to the public hearing on the proposed Rule. The Notice of Rule Development shall indicate the subject area to be addressed by rule development, provide a short, plain explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

(b) All rules as drafted shall be consistent with Sections 120.54(1)(g) and 120.54(2)(b) of the Florida Statutes.

Notice of Proceedings and Proposed Rules.

Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pursuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific. The notice shall include a summary of the District’s statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.541(2) of the Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541(1), must do so in writing within twenty- one (21) days after publication of the notice. The notice shall additionally include a statement that any affected person may request a public hearing

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by submitting a written request within twenty-one (21) days after the date of publication of the notice. Except when intended action is the repeal of  a rule, the notice shall include a reference to both the date on which and the place where the Notice of Rule Development required by section (2) of this Rule appeared.

The notice shall be published in a newspaper of general circulation in the District and each county in which the District is located not less than twenty-eight (28) days prior to the intended action. The proposed rule shall be available for inspection and copying by the public at the time of the publication of notice.

The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its rulemaking proceedings. Any person may file a written request with the District Manager to receive notice by mail of District proceedings to adopt, amend, or repeal a rule. Such persons must furnish a mailing address and may be required to pay the cost of copying and mailing.

Rule Development Workshops. Whenever requested in writing by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the Chairperson must explain in writing why a workshop is unnecessary. The District may initiate a rule development workshop but is not required to do so.

Petitions to Initiate Rulemaking. All Petitions to Initiate Rulemaking proceedings must contain the name, address, and telephone number of the petitioner, the specific action requested, the specific reason for adoption, amendment, or repeal, the date submitted, the text of the proposed rule, and the facts showing that the petitioner is regulated by the District or has a substantial interest in the rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings or deny the petition with a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District may, in its discretion, notice and hold a public hearing on the petition to consider the comments of the public directed to the policy, its scope and application, and to consider whether the public interest is served adequately by the application of the policy on a case-by-case basis, as contrasted with its formal adoption as a rule. However, this section shall not be construed as requiring the District to adopt a rule to replace a policy.

Rulemaking Materials. After the publication of the notice referenced in section
(3) of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials:

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The text of the proposed rule, or any amendment or repeal of any existing rules;

A detailed written statement of the facts and circumstances justifying the proposed rule;

A copy of the statement of estimated regulatory costs if required by Section 120.541 of the Florida Statutes; and

The published notice.

Hearing. The District may, or, upon the written request of any affected person received within twenty-one (21) days after the date of publication of the notice described in section (3) of this Rule, shall, provide a public hearing for the presentation of evidence, argument, and oral statements, within the reasonable conditions and limitations imposed by the District to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings. The District shall publish notice of the public hearing in a newspaper of general circulation within the District either in the text of the notice described in section (3) of this Rule or in a separate publication at least seven (7) days before the scheduled public hearing. The notice shall specify the date, time, and location of the public hearing, and the name, address, and telephone number of the District contact person who can provide information about the public hearing. Written statements may be submitted by any person prior to or at the public hearing. All timely submitted written statements shall be considered by the District and made part of the rulemaking record.

Emergency Rule Adoption. The Board may adopt an emergency rule if it finds that immediate danger to the public health, safety, or welfare exists which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper of general circulation in the District. Notice of emergency rules shall be published as soon as possible in a newspaper of general circulation in the District. The District may  use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions.

Negotiated Rulemaking. The District may use negotiated rulemaking in developing and adopting rules pursuant to Section 120.54(2)(d) of the Florida Statutes, except that any notices required under Section 120.54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the county in which the District is located.

Rulemaking Record. In all rulemaking proceedings, the District shall compile  and maintain a rulemaking record. The record shall include, if applicable:

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The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

A written summary of hearings, if any, on the proposed rule;

All written comments received by the District and responses to those written comments; and

All notices and findings pertaining to an emergency rule.

Petitions to Challenge Existing Rules.

Any person substantially affected by a rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of the District’s authority.

The petition seeking an administrative determination must state with particularity the provisions alleged to be invalid with sufficient explanation of the facts or grounds for the alleged invalidity and facts sufficient to show that the person challenging a rule is substantially affected by it.

The petition shall be filed with the District. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance is granted by agreement of the parties. The failure of the District to follow the applicable rulemaking procedures or requirements in this Rule shall be presumed to be material; however, the District may rebut this presumption by showing that the substantial interests of the petitioner and the fairness of the proceedings have not been impaired.

Within 30 days after the hearing, the hearing officer shall render a  decision and state the reasons therefor in writing.

Hearings held under this section shall be de novo in nature. The petitioner has a burden of proving by a preponderance of the evidence that the existing rule is an invalid exercise of District authority as to the objections raised. The hearing officer may:

Administer oaths and affirmations;

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Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

The petitioner and the District shall be adverse parties. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Variances and Waivers. A “variance” means a decision by the District to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. A “waiver” means a decision by the District not to apply all or part of a rule to a person who is subject to the rule. Variances and waivers from District rules may be granted subject to the following:

Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person, and when application of the rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

A person who is subject to regulation by a District Rule may file a petition with the District, requesting a variance or waiver from the District’s Rule. Each petition shall specify:

The rule from which a variance or waiver is requested;

The type of action requested;

The specific facts that would justify a waiver or variance for the petitioner; and
The reason why the variance or the waiver requested would serve the purposes of the underlying statute.

The District shall review the petition and may request only that information needed to clarify the petition or to answer new questions

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raised by or directly related to the petition. If the petitioner asserts that any request for additional information is not authorized by law or by Rule of the District, the District shall proceed, at the petitioner’s written request, to process the petition.

The Board shall grant or deny a petition for variance or waiver and shall announce such disposition at a publicly held meeting of the Board, within ninety (90) days after receipt of the original petition, the last item of  timely requested additional material, or the petitioner's written request to finish processing the petition. The District’s statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

Rates, Fees, Rentals and Other Charges. All rates, fees, rentals, or other charges shall be subject to rulemaking proceedings. Policies adopted by the  District which do not consist of rates, fees, rentals or other charges may be, but are not required to be, implemented through rulemaking proceedings.

Specific Authority: §§ 190.011(5), 190.011(15), 190.035, Fla. Stat. Law Implemented: §§ 190.011(5), 190.035(2), Fla. Stat.

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Rule 3.0	Competitive Purchase.

Purpose and Scope.   In order to comply with Sections 190.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply to the purchase of Professional Services, insurance, construction contracts, design-build services, goods, supplies, and materials, Contractual Services, and maintenance services.

Board Authorization. Except in cases of an Emergency Purchase, a competitive purchase governed by these Rules shall only be undertaken after authorization by the Board.

Definitions.

“Competitive Solicitation” means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

“Continuing Contract” means a contract for Professional Services entered into in accordance with Section 287.055 of the Florida Statutes, between the District and a firm, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed two million dollars ($2,000,000), for a study activity when the fee for such Professional Services to the District does not exceed two hundred thousand dollars ($200,000), or for work of a specified nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

“Contractual Service” means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. Contractual Services do not include auditing services, Maintenance Services, or Professional Services as defined in Section 287.055(2)(a) of the Florida Statutes, and these Rules.  Contractual Services also do not include any contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of any facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Chapter 255 of the Florida Statutes, and Rules 3.5 or 3.6.

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“Design-Build Contract” means a single contract with a Design-Build Firm for the design and construction of a public construction project.

“Design-Build Firm” means a partnership, corporation or other legal entity that:

Is certified under Section 489.119 of the Florida Statutes, to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or

Is certified under Section 471.023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section
481.219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.319 of the Florida Statutes, to practice or to offer to practice landscape architecture.

“Design Criteria Package” means concise, performance-oriented drawings or specifications for a public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit Design-Build Firms to prepare a bid or a response to the District’s Request for Proposals, or to permit the District to enter into a negotiated Design- Build Contract. The Design Criteria Package must specify performance- based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Packages shall require firms to submit information regarding the qualifications, availability, and past work of the firms, including the partners and members thereof.

“Design Criteria Professional” means a firm who holds a current certificate of registration under Chapter 481 of the Florida Statutes, to practice architecture or landscape architecture, or a firm who holds a current certificate as a registered engineer under Chapter 471 of the Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the Design Criteria Package.

“Emergency Purchase” means a purchase necessitated by a sudden unexpected turn of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds

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that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

	“Invitation to Bid” is a written solicitation for sealed bids with the title, date, and hour of the public bid opening designated specifically and defining the commodity or service involved. It includes printed instructions prescribing conditions for bidding, qualification, evaluation criteria, and provides for a manual signature of an authorized representative. It may include one or more bid alternates.

“Invitation to Negotiate” means a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or services.

	“Negotiate” means to conduct legitimate, arm’s length discussions and conferences to reach an agreement on a term or price.

“Professional Services” means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of Florida, or those services performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice.

“Proposal (or Reply or Response) Most Advantageous to the District” means, as determined in the sole discretion of the Board, the proposal, reply, or response that is:

Submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements, who has the integrity and reliability to assure good faith performance;

The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as determined by the Board; and

For a cost to the District deemed by the Board to be reasonable.

“Purchase” means acquisition by sale, rent, lease, lease/purchase, or installment sale. It does not include transfer, sale, or exchange of goods, supplies, or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the State of Florida.

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“Request for Proposals” or “RFP” is a written solicitation for sealed proposals with the title, date, and hour of the public opening designated and requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, qualifications, proposal instructions, work detail analysis, and evaluation criteria as necessary.

“Responsive and Responsible Bidder” means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. “Responsive and Responsible Vendor” means an entity or individual that has submitted a proposal, reply, or response that conforms in all material respects to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. In determining whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:

The ability and adequacy of the professional personnel employed by the entity/individual;

The past performance of the entity/individual for the District and in other professional employment;

The willingness of the entity/individual to meet time and budget requirements;

The geographic location of the entity’s/individual’s headquarters  or office in relation to the project;

The	recent,	current,	and	projected	workloads	of	the entity/individual;

The volume of work previously awarded to the entity/individual;

Whether the cost components of the bid or proposal are appropriately balanced; and

Whether the entity/individual is a certified minority business enterprise.

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“Responsive Bid,” “Responsive Proposal,” “Responsive Reply,” and “Responsive Response” all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these Rules, and the cost components of which, if any, are appropriately balanced. A bid, proposal, reply or response is not responsive if the person or firm submitting it fails to meet any material requirement relating to the qualifications, financial stability, or licensing of the bidder.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.20, 287.055, Fla. Stat.

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Rule 3.1	Procedure Under the Consultants' Competitive Negotiations Act.

Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, “Project” means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

Qualifying Procedures. In order to be eligible to provide Professional Services to the District, a consultant must, at the time of receipt of the firm’s qualification submittal:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the consultant is a corporation; and

Meet any qualification requirements set forth in the District’s Request for Qualifications.

Evidence of compliance with this Rule may be submitted with the qualifications, if requested by the District. In addition, evidence of compliance must be submitted any time requested by the District.

Public Announcement. Except in cases of valid public emergencies as certified  by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply for consideration.  The notice shall appear in at least one (1) newspaper of general circulation in the District and in such other places as the District deems appropriate. The notice must allow at least fourteen (14) days for submittal of qualifications from the date of publication. The District may maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data. The District shall make reasonable efforts to provide copies of any notices to such consultants, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process. The Board has the

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right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover from the District any costs of qualification package preparation or submittal.

Competitive Selection.

The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and performance ability, as well as any statements of qualifications on file. The Board shall conduct discussions with, and may require public presentation by consultants regarding their qualifications, approach to the Project, and ability to furnish the required services. The Board shall then select and list the consultants, in order of preference, deemed to be the most highly capable and qualified to perform the required Professional Services, after considering these and other appropriate criteria:

The ability and adequacy of the professional personnel employed by each consultant;

Whether a consultant is a certified minority business enterprise;

Each consultant’s past performance;

The willingness of each consultant to meet time and budget requirements;

The geographic location of each consultant's headquarters, office and personnel in relation to the project;

The recent, current, and projected workloads of each consultant; and

The volume of work previously awarded to each consultant by the District.

Nothing in these Rules shall prevent the District from evaluating and eventually selecting a consultant if less than three (3) Responsive qualification packages, including packages indicating a desire not to provide Professional Services on a given Project, are received.

If the selection process is administered by any person or committee other than the full Board, the selection made will be presented to the full Board with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed.

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Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement:  "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s ranking decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Competitive Negotiation.

After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the firm listed as most qualified to perform the required Professional Services at a rate or amount of compensation which the Board determines is fair, competitive, and reasonable.

In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract for more than the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth-in-negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting." In addition,  any professional service contract under which such a certificate is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs."

Should the District be unable to negotiate a satisfactory agreement with the firm determined to be the most qualified at a price deemed by the District to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the District shall immediately begin negotiations with the second most qualified firm. If a satisfactory agreement with the second firm cannot be reached, those negotiations  shall be terminated and negotiations with the third most qualified firm shall be undertaken.

Should the District be unable to negotiate a satisfactory agreement with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

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Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Continuing Contract. Nothing in this Rule shall prohibit a Continuing Contract between a consultant and the District.

Emergency Purchase. The District may make an Emergency Purchase without complying with these Rules. The fact that an Emergency Purchase has occurred  or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

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Rule 3.2	Procedure Regarding Auditor Selection.

In order to comply with the requirements of Section 218.391 of the Florida Statutes, the following procedures are outlined for selection of firms or individuals to provide Auditing Services and for the negotiation of such contracts. For audits required under Chapter 190 of the Florida Statutes but not meeting the thresholds of Chapter 218 of the Florida Statutes, the District need not follow these procedures but may proceed with the selection of a firm or individual to provide Auditing Services and for the negotiation of such contracts in the manner the Board determines is in the best interests of the District.

Definitions.

"Auditing Services" means those services within the scope of the practice of a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

"Committee" means the auditor selection committee appointed by the Board as described in section (2) of this Rule.

Establishment of Auditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an auditor selection committee (“Committee”), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 218.39 of the Florida Statutes. The Committee shall include at least three individuals, at least one of which must also be a member of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee must be a member of the Board. An employee, a chief executive officer, or a chief financial officer of the District may not serve as a member of the Committee; provided however such individual may serve the Committee in an advisory capacity.

Establishment of Minimum Qualifications and Evaluation Criteria. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Committee shall meet at a publicly noticed meeting to establish minimum qualifications and factors to use for the evaluation of Auditing Services to be provided by a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

Minimum Qualifications. In order to be eligible to submit a proposal, a firm must, at all relevant times including the time of receipt of the proposal by the District:

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Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation; and

Meet any pre-qualification requirements established by the Committee and set forth in the RFP or other specifications.

If requested in the RFP or other specifications, evidence of compliance with the minimum qualifications as established by the Committee must be submitted with the proposal.

Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:

Ability of personnel;

Experience;

Ability to furnish the required services; and

Such other factors as may be determined by the Committee to be applicable to its particular requirements.

The Committee may also choose to consider compensation as a factor. If the Committee establishes compensation as one of the factors, compensation shall not be the sole or predominant factor used to evaluate proposals.

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services. Such public announcement shall include a brief description of the audit and how interested firms can apply for consideration and obtain the RFP. The notice shall appear in at least one (1) newspaper of general circulation in the District and the county in which the District is located. The public announcement shall allow for at least seven (7) days for the submission of proposals.

Request for Proposals. The Committee shall provide interested firms with a Request for Proposals (“RFP”). The RFP shall provide information on how proposals are to be evaluated and such other information the Committee

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determines is necessary for the firm to prepare a proposal. The RFP shall state the time and place for submitting proposals.

Committee’s Evaluation of Proposals and Recommendation. The  Committee shall meet at a publicly held meeting that is publicly noticed for a reasonable time in advance of the meeting to evaluate all qualified proposals and may, as part of the evaluation, require that each interested firm provide a public presentation where the Committee may conduct discussions with the firm, and where the firm may present information, regarding the firm’s qualifications. At the public meeting, the Committee shall rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to subsection (3)(b) of this Rule. If fewer than three firms respond to the RFP or if no firms respond to the RFP, the Committee shall recommend such firm as it deems to be the most highly qualified. Notwithstanding the foregoing, the Committee may recommend that any and all proposals be rejected.

Board Selection of Auditor.

Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the firm ranked first and inquire of that firm as to the basis of compensation. If the Board is unable to negotiate a satisfactory agreement with the first ranked firm at a price deemed by the Board to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the Board shall immediately begin negotiations with the second ranked firm. If a satisfactory agreement with the second ranked firm cannot be reached, those negotiations shall be terminated and negotiations with the third ranked firm shall be undertaken. The Board may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. If the Board is unable to negotiate a satisfactory agreement with any of the selected firms, the Committee shall recommend additional firms in order of the firms’ respective competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

Where compensation was selected as a factor used in evaluating the proposals, the Board shall select the highest-ranked qualified firm or document in its public records the reason for not selecting the highest- ranked qualified firm.

In negotiations with firms under this Rule, the Board may allow the District Manager, District Counsel, or other designee to conduct negotiations on its behalf.

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Notwithstanding the foregoing, the Board may reject any or all proposals. The Board shall not consider any proposal, or enter into any contract for Auditing Services, unless the proposed agreed-upon compensation is reasonable to satisfy the requirements of Section 218.39 of the Florida Statutes, and the needs of the District.

Contract. Any agreement reached under this Rule shall be evidenced by a written contract, which may take the form of an engagement letter signed and executed by both parties. The written contract shall include all provisions and conditions of  the procurement of such services and shall include, at a minimum, the following:

A provision specifying the services to be provided and fees or other compensation for such services;

A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract;

A provision setting forth deadlines for the auditor to submit a preliminary draft audit report to the District for review and to submit a final audit report no later than June 30 of the fiscal year that follows the fiscal year for which the audit is being conducted;

A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. The maximum contract period including renewals shall be five (5) years. A renewal may be done without the use of the auditor selection procedures provided in this Rule but must be in writing.

Provisions required by law that require the auditor to comply with public records laws.

Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests regarding the award of contracts under this Rule shall be as provided for in Rule 3.11. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 119.0701, 218.33, 218.391, Fla. Stat.

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Rule 3.3	Purchase of Insurance.

Scope. The purchases of life, health, accident, hospitalization, legal expense, or annuity insurance, or all of any kinds of such insurance for the officers and employees of the District, and for health, accident, hospitalization, and legal expenses upon a group insurance plan by the District, shall be governed by this Rule. This Rule does not apply to the purchase of any other type of insurance by the District, including but not limited to liability insurance, property insurance, and directors and officers insurance. Nothing in this Rule shall require the District to purchase insurance.

Procedure. For a purchase of insurance within the scope of these Rules, the following procedure shall be followed:

The Board shall cause to be prepared a Notice of Invitation to Bid.

Notice of the Invitation to Bid shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least fourteen (14) days for submittal of bids.

The District may maintain a list of persons interested in receiving notices of Invitations to Bid. The District shall make reasonable efforts to provide copies of any notices to such persons, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process.

Bids shall be opened at the time and place noted in the Invitation to Bid.

If only one (1) response to an Invitation is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase.

The Board has the right to reject any and all bids and such reservations shall be included in all solicitations and advertisements.

Simultaneously with the review of the submitted bids, the District may undertake negotiations with those companies that have submitted reasonable and timely bids and, in the opinion of the District, are fully qualified and capable of meeting all services and requirements. Bid responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to the District, the cost, if any, to the District officers, employees, or their dependents, the geographic location of the company’s headquarters and offices in relation to the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase

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insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.

Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service. The notice shall include the following statement:  "Failure to file a protest within the time prescribed  in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s procurement of insurance under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 112.08, Fla. Stat.

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Rule 3.4	Pre-qualification

Scope. In its discretion, the District may undertake a pre-qualification process in accordance with this Rule for vendors to provide construction services, goods, supplies, and materials, Contractual Services, and maintenance services.

Procedure. When the District seeks to pre-qualify vendors, the following procedures shall apply:

The Board shall cause to be prepared a Request for Qualifications.

For construction services exceeding the thresholds described in Section
255.20 of the Florida Statutes, the Board must advertise the proposed pre- qualification criteria and procedures and allow at least seven (7) days notice of the public hearing for comments on such pre-qualification criteria and procedures. At such public hearing, potential vendors may object to such pre-qualification criteria and procedures. Following such public hearing, the Board shall formally adopt pre-qualification criteria and procedures prior to the advertisement of the Request for Qualifications for construction services.

The Request for Qualifications shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall allow at least seven (7) days for submittal of qualifications for goods, supplies and materials, Contractual Services, maintenance services, and construction services under two hundred fifty thousand dollars ($250,000). The notice shall allow at least twenty-one (21) days for submittal of qualifications for construction services estimated to cost over two hundred fifty thousand dollars ($250,000) and thirty (30) days for construction services estimated to cost over five hundred thousand dollars ($500,000).

The District may maintain lists of persons interested in receiving notices of Requests for Qualifications. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list.  However, failure of a  person to receive the notice shall not invalidate any pre-qualification determination or contract awarded in accordance with these Rules and shall not be a basis for a protest of any pre-qualification determination or contract award.

If the District has pre-qualified vendors for a particular category of purchase, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies or

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responses in response to the applicable Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

In order to be eligible to submit qualifications, a firm or individual must, at the time of receipt of the qualifications:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Request for Qualifications.

Evidence of compliance with these Rules must be submitted with the qualifications if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the qualifications.

Qualifications shall be presented to the Board, or a committee appointed by the Board, for evaluation in accordance with the Request for Qualifications and this Rule. Minor variations in the qualifications may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature.

All vendors determined by the District to meet the pre-qualification requirements shall be pre-qualified. To assure full understanding of the responsiveness to the requirements contained in a Request for Qualifications, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion and revision of qualifications. For construction services, any contractor pre-qualified and considered eligible by the Department of Transportation to bid to perform the type of work the project entails shall be presumed to be qualified to perform the project.

The Board shall have the right to reject all qualifications if there are not enough to be competitive or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of qualification preparation or submittal from the District.

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Notice of intent to pre-qualify, including rejection of some or all qualifications, shall be provided in writing to all vendors by United States Mail, electronic mail, hand delivery, facsimile, or overnight delivery service.  The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s pre-qualification decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11; provided however, protests related to the pre-qualification criteria and procedures for construction services shall be resolved in accordance with section (2)(b) of this Rule and Section 255.20(1)(b) of the Florida Statutes.

Suspension, Revocation, or Denial of Qualification

The District, for good cause, may deny, suspend, or revoke a prequalified vendor’s pre-qualified status. A suspension, revocation, or denial for good cause shall prohibit the vendor from bidding on any District construction contract for which qualification is required, shall constitute a determination of non-responsibility to bid on any other District construction or maintenance contract, and shall prohibit the vendor from acting as a material supplier or subcontractor on any District contract or project during the period of suspension, revocation, or denial. Good cause shall include the following:

One of the circumstances specified under Section 337.16(2), Fla. Stat., has occurred.

Affiliated contractors submitted more than one proposal for the same work. In this event the pre-qualified status of all of the affiliated bidders will be revoked, suspended, or denied. All bids of affiliated bidders will be rejected.

The vendor made or submitted false, deceptive, or fraudulent statements, certifications, or materials in any claim for payment or any information required by any District contract.
The vendor or its affiliate defaulted on any contract or a contract surety assumed control of financial responsibility for any contract of the vendor.

The vendor’s qualification to bid is suspended, revoked, or denied by any other public or semi-public entity, or the vendor has been the subject of a civil enforcement proceeding or settlement involving a public or semi-public entity.

The vendor failed to comply with contract or warranty requirements or failed to follow District direction in the performance of a contract.

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The vendor failed to timely furnish all contract documents required by the contract specifications, special provisions, or by any state or federal statutes or regulations. If the vendor fails to furnish any of the subject contract documents by the expiration of the period of suspension, revocation, or denial set forth above, the vendor’s pre- qualified status shall remain suspended, revoked, or denied until the documents are furnished.

The vendor failed to notify the District within 10 days of the vendor, or any of its affiliates, being declared in default or otherwise not completing work on a contract or being suspended from qualification to bid or denied qualification to bid by any other public or semi-public agency.

The vendor did not pay its subcontractors or suppliers in a timely manner or in compliance with contract documents.

The vendor has demonstrated instances of poor or unsatisfactory performance, deficient management resulting in project delay, poor quality workmanship, a history of payment of liquidated damages, untimely completion of projects, uncooperative attitude, contract litigation, inflated claims or defaults.

An affiliate of the vendor has previously been determined by the District to be non-responsible, and the specified period of suspension, revocation, denial, or non-responsibility remains in effect.

The vendor or affiliate(s) has been convicted of a contract crime.
The term “contract crime” means any violation of state or federal antitrust laws with respect to a public contract or any violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract.

The term “convicted” or “conviction” means a finding of guilt or a conviction of a contract crime, with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

A denial, suspension, or revocation shall prohibit the vendor from being a subcontractor on District work during the period of denial, suspension, or revocation, except when a prime contractor’s bid has used prices of a subcontractor who becomes disqualified after the bid, but before the request for authorization to sublet is presented.

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The District shall inform the vendor in writing of its intent to deny, suspend, or revoke its pre-qualified status and inform the vendor of its right to a hearing, the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days after the receipt of the notice of intent, the hearing shall be held within 30 days after receipt by the District of the request for the hearing. The decision shall be issued within 15 days after the hearing.

Such suspension or revocation shall not affect the vendor’s obligations under any preexisting contract.
In the case of contract crimes, the vendor’s pre-qualified status under this  Rule shall be revoked indefinitely. For all violations of Rule 3.4(3)(a) other than for the vendor’s conviction for contract crimes, the revocation, denial, or suspension of a vendor’s pre-qualified status under this Rule shall be for a specific period of time based on the seriousness of the deficiency.

Examples of factors affecting the seriousness of a deficiency are:

Impacts on project schedule, cost, or quality of work;

Unsafe conditions allowed to exist;

Complaints from the public;

Delay or interference with the bidding process;

The potential for repetition;

Integrity of the public contracting process;

Effect on the health, safety, and welfare of the public.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.

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Rule 3.5	Construction Contracts, Not Design-Build.

Scope. All contracts for the construction or improvement of any building, structure, or other public construction works authorized by Chapter 190 of the Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255.20 of the Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and the procedures of Section 255.20 of the Florida Statutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirements.

Procedure. When a purchase of construction services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation in the District and in the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, proposals, replies, or responses, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of bids, proposals, replies, or responses. If the Board has previously pre-qualified contractors pursuant to Rule 3.4 and determined that only the contractors that have been pre-qualified will be permitted to submit bids, proposals, replies, and responses, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation need not be published. Instead, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be sent to the pre-qualified contractors by United States Mail, hand delivery, facsimile, or overnight delivery service.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list.  However, failure of a  person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

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If the District has pre-qualified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, or responses to Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the bidder is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to, reemployment assistance, safety, tax withholding, worker’s compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response, if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid  shall be announced at such meeting and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. Bids, proposals, replies, and responses shall be evaluated in

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accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and these Rules.  Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid shall be accepted. In relation to a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No contractor shall be entitled to recover any costs of bid, proposal, response, or reply preparation or submittal from the District.

The Board may require potential contractors to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses, shall be provided in writing to all contractors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement:  "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s purchase of construction services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

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If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase construction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of construction services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the construction services without further competitive selection processes.

Sole Source; Government. Construction services that are only available from a single source are exempt from this Rule. Construction services provided by governmental agencies are exempt from this Rule. This Rule shall not apply to  the purchase of construction services, which may include goods, supplies, or materials, that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules. A contract for construction services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board Meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contract; or

The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public’s best interest to perform the project using its own services, employees, and equipment.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

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Rule 3.6	Construction Contracts, Design-Build.

Scope. The District may utilize Design-Build Contracts for any public construction project for which the Board determines that use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.

The District shall utilize a Design Criteria Professional meeting the requirements of Section 287.055(2)(k) of the Florida Statutes, when developing a Design Criteria Package, evaluating the proposals and qualifications submitted by Design-Build Firms, and determining compliance of the project construction with the Design Criteria Package. The Design Criteria Professional may be an employee of the District, may be the District Engineer selected by the District pursuant to Section
287.055 of the Florida Statutes, or may be retained pursuant to Rule 3.1. The Design Criteria Professional is not eligible to render services under a Design-Build Contract executed pursuant to the Design Criteria Package.

A Design Criteria Package for the construction project shall be prepared and sealed by the Design Criteria Professional. If the project utilizes existing plans, the Design Criteria Professional shall create a Design Criteria Package by supplementing the plans with project specific requirements, if any.

The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications-based selection process pursuant to Rule 3.1.

Qualifications-Based Selection. If the process set forth in Rule 3.1 is utilized, subsequent to competitive negotiations, a guaranteed maximum price and guaranteed completion date shall be established.

Competitive Proposal-Based Selection. If the competitive proposal selection process is utilized, the Board, in consultation with the Design Criteria Professional, shall establish the criteria, standards and procedures for the evaluation of Design-Build Proposals based on price, technical, and design aspects of the project, weighted for the project. After a Design Criteria Package and the standards and procedures for evaluation of proposals have been developed, competitive proposals from qualified firms shall be solicited pursuant to the design criteria by the following procedure:

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A Request for Proposals shall be advertised at least once in a newspaper of general circulation in the county in which the District is located. The notice shall allow at least twenty-one (21) days for submittal of sealed proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of proposals.

The District may maintain lists of persons interested in receiving notices of Requests for Proposals. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule  and shall not be a basis for a protest of any contract award.

In order to be eligible to submit a proposal, a firm must, at the time of receipt of the proposals:

Hold the required applicable state professional licenses in good standing, as defined by Section 287.055(2)(h) of the Florida Statutes;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation;

Meet any special pre-qualification requirements set forth in the Request for Proposals and Design Criteria Package.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to reemployment assistance, safety, tax withholding, worker’s compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may

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be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must be submitted with the proposal if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the proposal.

The proposals, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. In consultation with the Design Criteria Professional, the Board shall evaluate the proposals received based on evaluation criteria and procedures established prior to the solicitation of proposals, including but not limited to qualifications, availability, and past work of the firms and the partners and members thereof. The Board shall then select no fewer than three (3) Design- Build Firms as the most qualified.

The Board shall have the right to reject all proposals if the proposals are too high, or rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of proposal preparation or submittal from the District.

If less than three (3) Responsive Proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no Responsive Proposals are received, the District may proceed with the procurement of design-build services in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the design-build services without further competitive selection processes.

Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to  file a protest within the time prescribed in Rule 3.11 of the

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Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s rankings under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the second most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the third most qualified firm. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the third most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

After the Board contracts with a firm, the firm shall bring to the Board for approval, detailed working drawings of the project.

The Design Criteria Professional shall evaluate the compliance of the detailed working drawings and project construction with the Design Criteria Package and shall provide the Board with a report of the same.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified

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Design-Build Firm available at the time. The fact that an Emergency Purchase  has occurred shall be noted in the minutes of the next Board meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or

The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public’s best interest to perform the project using its own services, employees, and equipment.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

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Rule 3.7	Payment and Performance Bonds.

Scope. This Rule shall apply to contracts for the construction of a public  building, for the prosecution and completion of a public work, or for repairs upon a public building or public work and shall be construed in addition to terms prescribed by any other Rule that may also apply to such contracts.

Required Bond. Upon entering into a contract for any of the services described in section (1) of this Rule in excess of $200,000, the Board should require that the contractor, before commencing the work, execute and record a payment and performance bond in an amount equal to the contract price. Notwithstanding the terms of the contract or any other law, the District may not make payment to the contractor until the contractor has provided to the District a certified copy of the recorded bond.

Discretionary Bond. At the discretion of the Board, upon entering into a contract for any of the services described in section (1) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 255.05, Fla. Stat.

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Rule 3.8	Goods, Supplies, and Materials.

Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, shall be purchased under the terms of this Rule. Contracts for purchases  of “goods, supplies, and materials” do not include printing, insurance, advertising, or legal notices. A contract involving goods, supplies, or materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in  order to avoid the threshold bidding requirements.

Procedure. When a purchase of goods, supplies, or materials is within the scope  of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall also include the amount  of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, or Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list.  However, failure of a  person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified suppliers of goods, supplies, and materials, then, at the option of the District, only those persons who have been pre- qualified will be eligible to submit bids, proposals, replies, or responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

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Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Any firm or individual whose principal place of business is outside the State of Florida must also submit a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that foreign state to business entities whose principal places of business are in that foreign state, in the letting of any or all public contracts. Failure to submit such a written opinion or  submission of a false or misleading written opinion may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and this Rule. Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non- material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid, after taking into account the preferences provided for in this subsection, submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be accepted. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which does not grant a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the

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lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference of five (5) percent. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which grants a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference equal to the preference granted by such foreign state.

To assure full understanding of the responsiveness to the solicitation requirements contained in an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement:  "Failure to file  a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s purchase of goods, supplies, and materials under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of goods, supplies, and materials, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct

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purchase of the goods, supplies, and materials without further competitive selection processes.

Goods, Supplies, and Materials included in a Construction Contract Awarded Pursuant to Rule 3.5 or 3.6. There may be occasions where the District has undergone the competitive purchase of construction services which contract may include the provision of goods, supplies, or materials. In that  instance,  the District may approve a change order to the contract and directly purchase the goods, supplies, and materials. Such purchase of goods, supplies, and materials deducted from a competitively purchased construction contract shall be exempt from this Rule.

Exemption. Goods, supplies, and materials that are only available from a single source are exempt from this Rule. Goods, supplies, and materials provided by governmental agencies are exempt from this Rule. A contract for goods, supplies, or materials is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process. This Rule shall not apply to the purchase of  goods, supplies or materials that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules.

Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a maximum period of five (5) years.

Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.053, 190.033, 287.017, 287.084, Fla. Stat.

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Rule 3.9	Maintenance Services.

Scope. All contracts for maintenance of any District facility or project shall be set under the terms of this Rule if the cost exceeds the amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FOUR. A contract involving goods, supplies, and materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

Procedure. When a purchase of maintenance services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall also include the amount  of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure  of  a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified suppliers of maintenance services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, and responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

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Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and these Rules. Minor variations in the bids, proposals, replies, and responses may be waived by the Board. A variation is minor  if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted in response to an Invitation to Bid by a Responsive and Responsible Bidder shall be accepted. In relation to  a Request for Proposals, Invitation to Negotiate or Competitive Solicitation the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, or responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No Vendor shall be

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entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s procurement of maintenance services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of maintenance services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the maintenance services without further competitive selection processes.

Exemptions. Maintenance services that are only available from a single source  are exempt from this Rule. Maintenance services provided by governmental agencies are exempt from this Rule. A contract for maintenance services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed for a maximum period of five (5) years.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), 190.033, Fla. Stat.
Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

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Rule 3.10	Contractual Services.

Exemption from Competitive Purchase. Pursuant to Section 190.033(3) of the Florida Statutes, Contractual Services shall not be subject to competitive purchasing requirements. If an agreement is predominantly for Contractual Services, but also includes maintenance services or the purchase of goods and services, the contract shall not be subject to competitive purchasing requirements. Regardless of whether an advertisement or solicitation for Contractual Services is identified as an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, no rights or remedies under these Rules, including but not limited to protest rights, are conferred on persons, firms, or vendors proposing to provide Contractual Services to the District.

Contracts; Public Records. In accordance with Florida law, each contract for Contractual Services shall include provisions required by law that require the contractor to comply with public records laws.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented:  §§ 119.0701, 190.011(3), 190.033, Fla. Stat.

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Rule 3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6,
3.8, and 3.9.

The resolution of any protests with respect to proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.

Filing.

With respect to a protest regarding qualifications, specifications, documentation, or other requirements contained in a Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation issued by the District, the notice of protest shall be filed in writing within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after the first advertisement of the Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District’s intended decision. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

Except for those situations covered by subsection (1)(a) of this Rule, any firm or person who is affected adversely by a District’s ranking or intended award under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9 and desires to contest the District’s ranking or intended award, shall file with the District a written notice of protest within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after receipt of the notice of the District’s ranking or intended award. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District’s ranking or intended award. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

If the requirement for the posting of a protest bond and the amount of the protest bond, which may be expressed by a percentage of the contract to be awarded or a set amount, is disclosed in the District’s competitive solicitation documents for a particular purchase under Rules 3.1, 3.2, 3.3,

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3.4, 3.5, 3.6, 3.8, or 3.9, any person who files a notice of protest must post the protest bond. The amount of the protest bond shall be determined by District staff after consultation with the Board and within the limits, if any, imposed by Florida law. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District’s costs, expenses, and attorney’s fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protestor.

The District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

Contract Execution. Upon receipt of a notice of protest which has been timely filed, the District shall not execute the contract under protest until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances showing that delay incident to protest proceedings will jeopardize the funding for the project, will materially increase the cost of the project, or will create an immediate and serious danger to the public health, safety, or welfare, the contract may be executed.

Informal Proceeding. If the Board determines a protest does not involve a disputed issue of material fact, the Board may, but is not obligated to, schedule an informal proceeding to consider the protest. Such informal proceeding shall be at a time and place determined by the Board. Notice of such proceeding shall be  sent via facsimile, United States Mail, or hand delivery to the protestor and any substantially affected persons or parties not less than three (3) calendar days prior to such informal proceeding. Within thirty (30) calendar days following the informal proceeding, the Board shall issue a written decision setting forth the factual, legal, and policy grounds for its decision.

Formal Proceeding. If the Board determines a protest involves disputed issues of material fact or if the Board elects not to use the informal proceeding process provided for in section (3) of this Rule, the District shall schedule a formal hearing to resolve the protest. The Chairperson shall designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer to conduct the hearing. The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

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Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

The hearing officer shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for final District action. The District shall allow each  party fifteen (15) days in which to submit written exceptions to the recommended order. The District shall issue a final order within sixty (60) days after the filing  of the recommended order.

Intervenors. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Rejection of all Qualifications, Bids, Proposals, Replies and Responses after Receipt of Notice of Protest. If the Board determines there was a violation of law, defect, or an irregularity in the competitive solicitation process, the Bids, Proposals, Replies, and Responses are too high, or if the Board determines it is otherwise in the District’s best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew. If the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew, any pending protests shall automatically terminate.

Settlement. Nothing herein shall preclude the settlement of any protest under this Rule at any time.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 190.033, Fla. Stat.

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Rule 4.0	Effective Date.

These Rules shall be effective 	, except that no election of officers required by these Rules shall be required until after the next regular election for the Board.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

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SECTION D

S ECTION 1

RESOLUTION 2020-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2020 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICTION REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS the Old Hickory Community Development District ("District' ) was recently established by the City Council of St. Cloud, Florida effective May 14, 2020 and

WHEREAS the District Manager has prepared and submitted to the Board of  Supervisors of the Old Hickory Community Development District (the "Board ') a proposed operating budget for the Fiscal Year 2020· and

WHEREAS the Board has considered the proposed budget and desires to set the required public hearing thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT:

I. The operating budget proposed by the District Manager for the Fiscal Year 2020 attached hereto as Exhibit A is hereby approved as the basis for conducting a public bearing to adopt said budget.

A public hearing on said approved budget is hereby declared and set for the following date, hour and location:

DATE:

----------- 2020

HOUR:		 LOCATIO	 	

The District Manager is hereby directed to submit a copy of the proposed budget to the City of St. Cloud and Osceola County at least 60 days prior to the bearing set above.

In accordance with Section 189.016, Florida StaMes, the District's  Secretary  is further directed to post the approved budget on the District's website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days.

Notice of this public hearing shall be published in the manner prescribed in Florida
Jaw.

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED TIDS 1st DAY OF JUNE, 2020.

ATTEST:		OLD	HTCKORY	COMMUNITY DEVELOPMENT DISTRICT

By:_

_ _ _

_ _ _ _

_ _ _

_ _ _

Secretary/Assistant Secretary

Exhibit A: Proposed Fiscal Year 2020 Budget

Chairman/Vice Chairman

Table of Contents

1	 	General Fund

 	General Fund Narrative 

•

••

•	•	•	•	•	•	•	•	•	•	•	•

•••••••••

Old Hickory
Community Development District

Proposed Budget
FY 2020-FY2021

- ; .. ,
GM S' •/.'..

·i:

Governmental	:
Management Se,..,ces

•

•

•

-·

•

•

Old Hickory
Community Development District	

Proposed Budget	

Proposed Budget	
Description	FY2020	FY2021	

Revenues			
Developer Contributions	$40,039	$104,218	
Total Revenues	$40 j039	$104,218	

Expenditures			
Administrative			
Supervisor Fees*	$4,000	$12,000	
FICA Expense*	$306	$918	
Engineering*	$4,000	$12,000	
Attorney*	$8,333	$25,000	
Annual Audit	$0	$3,500	
Management Fees*	$11,667	$35,000	
Information Technology •	$400	$1,200	
Website Creation/ADA Compliance	$2,375	$0	
Telephone*	$100	$300	
Postage•	$333	$1,000	
Insurance*	$2,500	$5,500	
Printing & Binding•	$333	$1,000	
Legal Advertising	$5,000	$5,000	
Other Current Charges"	$333	$1,000	
Office Supplies*	$208	$625	
Dues, Licenses & Subscriptions	$150	$175	
Total Expenditures	 	$40,039	$104,218

Excess Revenues/(Expenditures)	 	$0	$0

•Prorated amount represents 4 months of FY2020.

-,

Old Hickory
Community Development District
GENERAL FUND BUDGET

REVENUES:

Developer Contrfbution5

The District will enter into a funding agreement with the developer to fund the general fund expenditures for the fiscal year.

EXPENDITU RES:

Administrativ e:

$uwryisor Fees
Chapter 190, FloridaStatutes, allows for each Board member to receive $200 per meeting, not to exceed $4,800 per year paid to each Supervisor for the time devoted to District business and meetings.

FICA Expense

Represents the Employer's share of Social Security and Medicare taxes withheld from Board of Supervisor checks.

Engineering

The District's engineer will be providing general engineering services to the District,
e.g. attendance and preparation for monthly board meetings, review Invoices, etc.

AttQtnev
The District's legal counsel will be providinggeneral legal services to the District,
e.g. attendance and preparation for monthly meetings, preparation and review of agreements, resolutions, etc.

Annual Audit
The district is required by Florlda Statutes to arrange for an independent audit of its
financlal records on an annual basis.

Management fees
The Districtreceives Management, Accounting and Administrativeservicesas part of a Management Agreement with Governmental Management Services.

2

Old Hickory
Community Development Distrlct
GENERAL FUND BUDGET

Information Technoolgv
Represents costs related to the District's accounting and information systems, District's website creation and maintenance, electronic compliance with Florida Statutes and other electronic data requirements,

Website Creatoi n/ADACompliance
Represents an estimated cost to create the initial District website and ensure District meets ADA compliance guidelines.
Te/eohone
Telephoneand fax machine.

Postage
Mailing of agenda packages, overnight deliveries, correspondence, etc.
Insurance
The District's general liability, public officials liability and :property insurance coverages.
Printing & Binding
Printing and Bindingagenda packages for board meetings, printing of computerized checks, stationary, envelopes etc.

Legal Advertising

The District is required to advertise varrous noticesfor montt'lly Board meetir\gs, public hearings, etc ih a newspaper of general circulation.
Other current Charges
Bank charges and any other miscellaneous e)(penses incurred during the year.
Office Supplies Miscellaneousoffice supplies. Dues,,Licenses & Subscriotions
The District is required to pay an annual fee to the Florida Department of Economic
Opportunity for $175. This is the only expense under this category for the District.

3

.   .
S ECTION 2	·

OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2019-2020 DEVELOPER FUNDING AGREEMENT

THIS FISCAL YEAR 2019-2020 DEVELOPER FUNDING AGREEMENT (the
“Agreement”) is made and entered into this 	day of June, 2020, by and between:

OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special-purpose government, established pursuant to Chapter 190, Florida Statutes, and located in the City of St. Cloud, Osceola County, Florida (hereinafter “District”), and

LENNAR HOMES, LLC, a Florida limited liability company and the majority landowner in the District (hereinafter “Developer”).

Recitals

WHEREAS, the District was established by Ordinance Number 2020-09 of the City Council of St. Cloud, Florida (the “City Council”), pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, (the “Act”) for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including a storm water management system, roadways, water distribution and sewer collection systems, landscaping, recreational facilities and other infrastructure; and

WHEREAS, the District, pursuant to the Act, is authorized to levy such taxes, special assessments, fees and other charges as may be necessary in furtherance of the District’s activities and services; and

WHEREAS, Developer presently owns and/or is developing the majority of the real property within the District, which property will benefit from the timely construction and acquisition of the District’s facilities, activities and services and from the continued operations of the District; and

WHEREAS, the District has adopted or anticipates adopting its general fund budget for the fiscal year 2019-2020, which year commences on October 1, 2019, and concludes on September 30, 2020 (the “Budget”); and

WHEREAS, the Budget, which both parties recognize may be amended from time to time in the sole discretion of the District, are attached hereto and incorporated herein by reference as Exhibit “A”; and

WHEREAS, the District has or will levy non ad valorem special assessments on all land within the District that will benefit from the District activities, operations and services set forth in Exhibit “A”; and

Old Hickory CDD
FY2019-20 Budget Funding Agmt Page 1 of 7

WHEREAS, the Developer agrees that the activities 1 operations and services provide a special and peculiar benefit equal to or in excess of the costs reflected on Exhibit "A' to the property owned by the Developer within the District (the 'Property"); and

WHEREAS, in lieu of initially certifying for collection special assessments on the Property, the District is willing to allow the Developer to provide such funds as are necessary to allow the District to proceed with its operations as described in Exhibit "A" so long as payment is timely provided; and

WHEREAS 1 the District desires to secure the funding of the Budget through the imposition of a continuing Hen against the Property and otherwise as provided herein and in any resolutions of the District pertaining to the imposition of a lien for special assessments.

WHEREAS, the Developer agrees to enter into the Agreement in lieu of having the District collect any non-ad valorem assessments as authorized by law against the Property located within the District for the activities, operations, and services set forth in the Budget.

NOW THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the parties agree as follows:

The Developer agrees to make available to the District the monies necessary for the operation of the District based on actual expenditures of the District as called for in the budget attached hereto as Exhibit "A" (and as Exhibit "A" may be amended from time to time), within thirty (30) days of written request by the District. Amendments to the District's Budget as shown in Exhibit '"A" adopted by the District at a duly noticed meeting shall have the effect of amending this Agreement without further action of the parties. The funds provided under this Agreement shall be placed in the District's general checking account. These payments are made by the Developer in lieu of the collection of special assessments that might otherwise be collected by the District

District shall have the right to file a continuing lien upon the Properly described in Exhibit ''A" for all payments due and owing under the terms of this Agreement and for interest thereon, and for reasonable attorneys' fees, paralegals' fees, expenses, and court costs incurred by the District incident to the collection of funds under this Agreement and for enforcement of this lien, and all sums advanced and paid by the District for taxes and payment on account of superior interests, liens, and encumbrances in order to preserve and protect the District' s lien. The lien shall be effective as of the date and time of the recording of a "Notice of Lien for FY 2019-2020 Budget" in the public records of St. Cloud, Florida, stating among other things, the description of the real property and the amount due as of the recording of the Notice, and the existence of this Agreement. The District Manager, in its sole discretion, is hereby authorized by the District to file the Notice of Lien for the Budget on behalf of the District, without need of further Board action authorizing or directing such filing. At the District Manager's direction, the District may also bring an action at law against the record title holders to the Property to pay the amount due under this Agreement
Old Hickory CDD
FY2019-20 Budget Funding Agmt Page 2 of7

or may foreclose the lien against the Property in any manner authorized by law. In the event the Developer sells any of the Property after the execution of this Agreement, the Developers' rights and obligations under this Agreement shall remain the same, provided however that the District shall only have the right to file a lien upon the remaining Property owned by the Developer.

The District has found that the activities, operations and services set out in Exhibit "A" provide a special and peculiar benefit to the Property, which benefit is allocated as provided in the assessment roll attached hereto and incorporated herein as Exhibit "B". The Developer agrees that the activities, operations and services set forth in Exhibit "A" provide a special and peculiar benefit to the Property equal to or in excess of the costs set out in Exhibit "A", as allocated in Exhibit "B" . Therefore, in the alternative or in addition to the other methods of collection set forth in this Agreement, or in any resolution of the District regarding the imposition and collection of special assessments, the District, in its sole discretion, and upon failure of the Developer to make payment as provided for in this Agreement, may choose to certify for collection amounts due hereunder as a non ad valorem assessment on all or any part of the Property for collect ion , either through the Uniform Method of Collection set forth in Chapter 197 or under any method of direct bill and collection on a future years tax roll and collected by the Osceola County Tax Collector, collected pursuant to a foreclosure action, or, at the District's discretion, collected in any other method authorized by law.

ln the event the District is required to certify non ad valorem special assessments for collection as a result of the Developer' s failure to provide the funds as required under this Agreement, the amount of funds received by the District from Developer under this Agreement shall be credited pro-rata to all lands subject to special assessments in the manner provided in the District's assessment methodology of operation and maintenance.

District and Developer agree that the FY 20 I 9-2020 Budget shall be revised at the end of the fiscal year to reflect the actual expenditures for the District for the period beginning October 1, 2019 and ending September 30, 2020. Developer shall not be responsible for any costs other than those costs provided for in the Budget, as so amended.

This instrument shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing that is executed by both of the parties hereto.

The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law and each party has full power and authority to comply with the terms and provisions of this instrument.

This Agreement may be assigned, in whole or in part, by either party only upon the written consent of the other which consent shall not be unreasonably withheld.

A default by either party under this Agreement shall entitle the other to all remedies
Old Hickory CDD
FY2019·20 Budget Funding Agmt
Page 3 of7

available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief and specific performance and specifically including the ability of the District to enforce any and all payment obligations under this Agreement through the imposition and enforcement of a contractual or other lien on property owned by the Developer, and in the manner described in paragraph 3 above.

1O. 1n the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other party all costs incu1Ted, including reasonable attorneys' fees and costs for trial, alternative ruspute resolution or appellate proceedings.

This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be constrned to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.

This Agreement and the provisions contained herein shalJ be construed, interpreted and controlled according to the laws of the State of Florida.

This Agreement has been negotiated fully between the parties as an arm•s length transaction. The parties participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen and elected the language, and the doubtfuJ language will not be interpreted or construed against any party.

The Agreement shall be effective after execution by both parties. The enforcement provisions of this Agreement shall survive its termination until all payments due under this Agreement are paid in full.

[SIGNATURES ON FOLLOWING PAGE]

Old Hickory CDD
FY2019-20 Budget Funding Agmt
Page 4 of7

SIGNATURE PAGE TO OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT FY 2019-2020 DEVELOPER FUNDING AGREEME T

IN WlTNESS WHEREOF, the parties execute this agreement the day and year first written above.

Attest:	OLD	ffiCKORY	COMMUNITY DEVELOPMENT	DISTRICT,		a	Florida
community development district.

By: 	_

----------

Name:
Tit1e: Assistant Secretary

By :	­

-- - - - - - - - -

Name:
Title: Witness

By: ---------------

- - - - - - - - - - - - - -

Name:

Title: Chairman, Board of Supervisors

LENNAR HOMES, LLC, a Florida limited liability
company

By:	­
Name: - - - - - - - - - - - - - - -
Title:- - - - - - - - - - - - - - -

Old Hickory CDD
FY2019-20 Budget Funding Agmt Page 5 of7

EXHIBIT "A"

(Fiscal Year 2019-2020 Budget)

[SEE ATTACHED]

Old Hickory CDD
FY2019-20 Budget Funding Agmt
Page 6 of7

EXHIBIT "B"

(Assess ment Roll)

[SEE ATTACHED]

Old Hickory COD
FY2019-20 Budget Funding Agmt Page 7 of7

S ECTION E

RESOLUTION 2020-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2021 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICTION REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Old Hickory Community Development District ("District") was recently established by the City Council of St. Cloud, Florida effective May 14, 2020; and

WHEREAS, the District Manager has prepared and submitted to the Board of Supervisors of the Old Hickory Community Development District (the "Board") a proposed operating budget for the Fiscal Year 2021; and

WHEREAS, the Board has considered the proposed budget and desires to set the required public hearing thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT:

l. The operating budget proposed by the District Manager for the Fiscal Year 2021 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said budget.

A public hearing on said approved budget is hereby declared and set for the following date, hour and location:

DATE:

_ _ _

_ _ _

_ _ _

_	, 2020

HOUR:		 LOCATION:    	

The District Manager is hereby directed to submit a copy of the proposed budget to the City of St. Cloud and Osceola County at least 60 days prior to the hearing set above.

In accordance with Section 189.016 , Florida Statutes, the District's Secretary is further directed to post the approved budget on the District's website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days.

Notice of this public hearing shall be published in the manner prescribed in Florida
law,

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS l st DAY OF JUNE, 2020.

ATTEST:		OLD	IDCKORY	COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

Exhibit A: Proposed Fiscal Year 2021 Budget

By: 		_ Chairman/Vice Chairman

••••••••

•	•	•	•	•	•	•	•	•	•	•	•

Old Hickory
Community Development District

Proposed Budget
FY 2020-FY2021

Govomm•nlal Management Se..,,1c:es

•	•

•

•

•

•	•	•	•	•

Table of Contents

1	 	General Fund

 	General  Fund Narrative 

Old Hickory
Community Development District	

Proposed Budget	

Proposed Budget	
Description	FY2020	FY2021	

Revenues			
Developer Contributions	$40,039	$104,218	
Total Revenues	$40,039	$104,218	

Expenditures			
Administrative			
Supervisor Fees *	$4,000	$12,000	
FICA Expense *	$306	$918	
Engineering*	$4,000	$12,000	
Attorney•	$8,333	$25,000	
Annual Audit	$0	$3,500	
Management Fees•	$11,667	$35,000	
Information Technology*	$400	$1,200	
Website Creation/ADA Compliance	$2,375	$0	
Telephone*	$100	$300	
Postage*	$333	$1,000	
Insurance•	$2,500	$5,500	
Printing & Binding*	$333	$1,000	
Legal Advertising	$5,000	$5,000	
Other Current Charges *	$333	$1,000	
Office Supplies•	$208	$625	
Dues, Licenses & Subscriptions	$150	$175	
Total Expenditures	$40,039	$104,218	
			
Excess Revenues/(Expendltures)	$0	$0	

•Prorated amouht represents 4 months of FY2020.			

Old Hickory
Community Development District
GENERAL FUND BUDGET

REVENUES:
Develooer Contributions

The District will enter into a funding agreement with the developer to fund the general fund expenditures for the fiscal year.

EXP NDITURES:

Administrative:

suoe(YlsorFees
Chapter 190, Florida Statutes, allows for each Board member to receive $200 per meeting, not to exceed $4,800 per year paid to each Supervisor for the time devoted to District business and meetings.

FICA Exoense

Represents the Employer's share of Social Security and Medleare taxes withheld from Board of Supervisor checks.

Engineednq
The District's engineer will be providing general engineering services to the District,
e.g. attendance and preparation for monthly board meetings, review invoices, etc.

Attornev
The District's legal counsel will be providing general legal services to the District,
e.g. attendance and preparation for monthly meetings, preparation and review of agreements, resolutions, etc.

Annua!Audrt
The district is required by Florida Statutes to arrange for an independent audit of its financial records on an annual basis.
Management Fees
The District receives Management, Accounting and Administrative services as part of a Management Agreement with Governmental Management Services.

2

Old Hickory
Community Development District
GENERAL FUND BUDGET

Information Technool qil

Represents costs related to the District's accounting and information systems, District's website creation and maintenance, electronic cornpliance with Florida Statutes and other electronic data requirements.

Website Creatoi n/ADAComoliance
Represents an estimated cost to create the initial District website and ensure District meets ADA compliance guidelines.

Telephone

Telephone and fax machine.

Postage

Mailing of agenda packages, overnight deliveries, correspondence, etc.

Insurance

The District's general liability, public officials liability and property insurance coverages.

Printing & Binding

Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc.

legal Advertising
The District is required to advertl se various notices for monthly Board meetings, public hearings, etc in a newspaper of general circulation.

Other Current Charges

Bank charges and any other miscellaneous expenses incurred during the year.

Office Supo/ies
Miscellaneous office supplies.

Dues, Licenses & $1/bscr{ptions
The District is required to pay an annual fee to the Florida Department of Economic Opportunity for $175. This is the only expense under this category for the District .

3

.  ·	S	·EC	T IO	V

S ECTION C

RESOLUTION 2020-07

A RESOLUTION SETTING FORTH THE POLICY OF THE OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS WITH REGARD TO THE SUPPORT AND LEGAL DEFE SE OF THE BOARD OF SUPERVISORS AND DISTRICT OFFICERS AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS , the Board of Supervisors ("Board") and the officers of the Old Hickory Community Development District ("District") are constantly presented with the necessity for making decisions regarding various phases of District policy and management; and

WHEREAS, it is absolutely essential to the effective operation of the District that such decisions be made in an environment where the threat of personal liability for the Board and its officers is maintained at a minimum; and

WHEREAS, the Board wishes to formalize a policy with regard to the support and legal protection of the Board and its officers so as to reduce the threat of personal liability to such individuals and allow for an effective decision-making environment.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD IDCKORY COMMUNJTY DEVELOPMENT DISTRICT THAT:

As set forth in this Resolution, the District, in accordance with Florida law, agrees that the following Board members and officers of the District shall be provided the benefit of the indemnification, support and legal defense provisions provided in this Resolution :

All members of the Board of Supervisors; and

The   District   Manager,   Secretary   and   Assistant   Secretaries,  Treasurer	and Assis tant Treasurers, and other District officers .

As set forth in this Resolution and in accordance with Sections 111.07 and 768.28, Florida Statutes, the District hereby agrees to provide legal representation to defend any and all civil actions, including federal civil rights and other federal civil claims, arising from a complaint for damages or injuries suffered as a result of any action or omission of action of all Board members and officers, present or former arising out of and in the scope of his or her employment or functio unless in the case of a tort action the Board member or officer acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human ri ghts, safety, or property. Defense of such civil actions includes, but is not limited to, any civil rights lawsuit seeking relief personally against any Board member or officer for an act or omission under color of state law, custom or usage , wherein it is alleged that such Board member or officer has deprived another person of rights secured under the Federal Constitution or laws, including, by way of example, actions under 42 U.S.C. § 1983 or other federal statute.

The District hereby further agrees to provide legal representation to defend against any other litigation arising against a Board member or officer from the performance of their offidal duties while serving a public purpose, including civil, administrative or criminal actions as permitted by law. By these provisions the District does not waive any immunity from liability or limited waiver of such immunity as granted under Florida law. Rather, the District is stating that to the extent the State does not through its laws protect the Board and its officers from liability, the District is committed to doing so to the extent described in this Resolution and as permitted by law.

The District may insure itself in order to cover all reasonable costs and fees directly arising out of or in connection with any legal claim or suit that directly results from a decision or act made by a Board member or officer while performing the duties and functions of his or her position.

This Resolution is intended to evidence the District's support of Board members and officers who perform acts and render decisions in the good faith performance of their duties and functions. The District will neither support nor defend those actions or omissions committed by an individual outside the scope of his or her office or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. By adoption of this Resolution, the District Board member(s) and/or officer(s) in question are each presumed to have acted within the scope of his or her office and are presumed to be acting in good faith, without a malicious purpose and not in a manner exhibiting wanton and willful disregard of human rights, safety or property. The District's Board of Supervisors may overcome this presumption only by unanimous vote of those participating and voting, in accordance with Section 7 herein.

In the event that the District has expended funds to provide an attorney to defend a Board member or officer who is found to be personally liable by virtue of actions outside the scope of his or her employment or function, or is found to have acted in bad faith with malicious purpose, or in a manner exhibiting wanton and willful di_5regard of human rights, safety, or property, the individual shall be required to reimburse the District for funds so expended. The District may recover such funds in a civil action against such individual.

The District agrees to pay any final judgment, including damages, fines, penalties or other damages, costs, and attorney's fees and costs, arising from any complaint for damages or injuries suffered as a result of any action or omission of action of any Board member or officer as described in Section 111.07, Fl01ida Statutes. If the action arises under Section 768.28, Florida Statues, as a tort claim, the limitations and provisions of that section governing payment shall apply, If the action is a civil rights action arising under 42 U.S.C. § 1983, or similar federal statutes, payment for the full amount of judgment may be made unless the individual has been determined in the final judgment to have caused the haim intentionally. The District agrees to pay any compromise or settlement of any claim or litigation described in this paragraph, provided, however, that the District determines such compromise or settlement to be in the District's best interest.

2

To rebut the presumption of the automatic payment of judgments or provision of legal representation pursuant to this Resolution, at least one of the following determinations shall be made by a unanimous decision of the District's Board of Supervisors participating and voting:

The actions of the Board member and/or officer were outside the scope of his or her duties and authority; or

The acts or omissions of the Board member and/or officer constituted bad fa ith, malicious purpose, intentional infliction of harm or were done in a manner exhibiting wanton and willful disregard of human rights, safety or property; or

The Board member and/or officer received financial profit or advantage to which he or she was not legally entitled.

To ensure th provision of legal representation pursuant to this Resolution, the following must be met:

A copy of the summons, complaint , notice, demand letter or other document or pleading in the action , or a letter setting forth the substance of any claim or complaint, must be delivered to the District Chairman, Vice Chairman, District Manager or District Attorney within fourteen (14) calendar days after actual receipt of any such document together with a specific request in writing that the District defend or provide representation for the Board member and/or officer;  and

The Board member and/or officer must cooperate continuously and fully with the District in the defense of the action.

Any indemnification, legal defense or other protection provided pursuant to this representation shall not extend to:

Consulting or other outside professional or business activities for which the Board member and/or officer received financial or other material compensation , which are outside the scope of his or her District duties and authority; and

Any independent contractor for whom defense or indemnification is not authorized pursuant to Section l(b) of this Resolution, unless the Board votes to authorize such indemnification, legal defense, or other protection; and

Any fine, penalty or other punishment imposed as a result of conviction for a criminal offense, and any legal fees and costs incurred to defend criminal prosecution in which a conviction is obtained; and

Any indemnification or defense prohibited by law.

3

In the event lega] representation or defense is provided pursuant to this Resolution the Board member and/or officer may either :

Retain legal counsel appointed by the District, in which case legal counsel shall be paid directly by the District; or

Retain legal counsel chosen by the Board member and/or officer, in which case the District shall have the right to:

Approve in advance, any agreement for legal fees or disbursements; and

11.		Pay all or part of the legal fees, costs and other disbursements and to set a maximum for legal fees, costs and other disbursem ents; and

iii.	Direct the defense and settle or compromise the action or claim; and

1v.	Reduce or offset any monies that may be payable by the District by any court costs or attorneys fees awarded to the Board member or officer.

. The benefits of  the  policy  adopted  in  this  Resolution  shall  not  enlarge  the rights that  would  have  been  available  to  any  third-party   plaintiff  or  claimant   in  the  absence of this policy.

To the extent permitted by law, this policy shall inure to the benefit of the heirs, personal representatives and estate of the Board member and/or officer .

The District reserves the right to change, modify or withdraw this Resolution in its sole discretion, except as to actions , demand or other claims based on acts or omissi ons that occurred before the effective change, modification or withdrawal of this Resolu tion .

This Resolution shall be effective as of its adoption on the date listed below and shall apply to any acts or omissions occurring after that date.

Adopted this 1st day of June 2020.

ATTEST:	OLD	Ill CKORY	COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	CbairmanNice Chairman

4

S ECTION D

RESOLUTION 2020-08

A RESOLUTION OF THE BOARD OF SUPERV£SORS OF  THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT APPROVING THE  FILING  OF  THE  NOTICE  OF ESTABLISHMENT FOR THE OLD HlCKORY COMMUNITY DEVELOPMENT DISTRICT.

WHEREAS, the Old Hickory Community Development District (the "District")  is  a local unit of special-pu rpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of St. Clo ud, Florida;
WHEREAS, the District was estab lished by City of St. Cloud, Florida, Ordinance No .
2020-09, dated May 14, 2020; and

WHEREAS, the District is required to file a "Notice of Establishment" within the  property records of Osceola County, Florida pursuant to Chapter 19 0.0485, Florida Statutes· and

WHEREAS, the District's Board of Supervisors (the "Board"), in accordance  with Florida Statutes, desire to approve the filing of such notice.

NOW, THEREFORE, BE lT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD IDCKORY COMMUNlTY DEVELOPMENT DISTRICT:

l. District Counsel is authorized to sign and record a Notice of Establishment in substantially the form attached hereto as Exhibit A within the property reco rds of the Osceola County, Florida.

PASS ED AND ADOPTED TIDS l51 DAY OF JUNE, 2020.

ATTEST:	OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secreta1y	Chairperson/Vice-Chairperson

Exhibit II A": Notice of Establishment

THIS fNSTRUMENT PREPARED BY AND RETURN TO:
Jan A. Carpenter, Esq.
Latham, Luna, Eden & Beaudine, LLP 111 N. Magnolia Ave, Suite 1400 Orlando, Florida 3280 I

ABOVESPACB RESF.RVED FOR RECORDING PURPOSES ONLY

NOTICE OF ESTABLISHMENT OF THE
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

This Notice of Establishment of the Old Hickory Community Development District is recorded pursuant to the requirements of Section 190 .0485, Florida Statutes. The Old Hickory Community Development District (the "District'') was established pursuant to the City Council of the City of St. Cloud by Ordinance Nwnber 2020-09 of the City of St. Cloud, Osceola County, Florida, adopted on May 14, 2020.
The legal description of external bounda1ies of the Old Hickory Community Development District, is attached hereto as Exhibit "A" and incorporated by reference herein.
THE OLD IDCKORY COMMUNITY DEVELOPMENT  DISTRICT  MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON TIDS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATlON AND MAINTENANCE COSTS OF CERTAlN PUBLIC FACILITIES AND SERVICES OF IBE DISTRICT AND ARE SET ANNUALLY BY THE GOVERN[NG BOARD OF THE DISTRICT. THESE TAXES AND ASSESSME TS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.
For information about the District, you may look at the District's website, or contact the District's Manager who is currently:
Old Hickory Community Development District
c/o Governmental Management Services - Central Florida, LLC 219 E. Livingston Street
Orlando, Florida 32801
Phone:  407.841.5524

Notice of Establishment Old Hickory COD

NOTICE OF ESTABLISHMENT OF THE
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT, a Florida
community development district

By: 	­
Prin	t:       ------------
Titlc:  -    -	-	-	-	-	-	-	-	-	-	- .

STATE OF FLORIDA COUNTY OF - - - - - -
The foregoing instrument was acknowledged before me by means of LJ physical presence
or LJ online notarization, this _ _ _ day of June, 2020 by 	,as

---------

fothPetitioner of the Old Hickory Community Development District, on its behalf. Said person is [ ] personally known  to me  or [  ] has produced a valid driver's license  as ident ificat ion .

Notary Public State of Florida
Print Name: ---------
My Commission Expires: 	_
My Commission No.: 	_

Notice of Establishment
Old Hickory COD

EXHIBIT "A"

Metes and Bounds legal description of the external boundaries of the
Old Hickory Community Development District

DESCRIPTION: (As per Title Commitment Issuing Office File Number 111657-000055 and Order Number 7541377 issued by Chicago Title Insurance Company bearing an effective date of March 12, 2019 at 11:00 PM)

Parcel I:
Lots 49, 50, 63, 64, 65, 80, 81, 82, 95, 96, 97, 98, 111, 112, 113, 114, 127 & 128, THE SEMINOLE LAND and INVESTMENT CO.'S {INCORPORATED) SUBDIVISION OF
SECTION 13, TOWNSHIP 26 SOUTH,  RANGE  30 EAST, according  to the plat thereof of as recorded in Plat Book "B", Page 4, Public Records of Osceola County, Florida.
Less that portion conveyed to the City of St, Cloud by Warranty Deed recorded in Official Records Book 3751, Page 2231, Public Records of Osceola County,  Florida, described as follows;

A portion of Lots 63 and 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, as recorded in Plat Book B, Page 4, Public Records of Osceola County, Florida, being more particularly described as follows:

Commence at the East 1/4 corner of Section 13, Township 26 South, Range 30 East, Osceola County, Florida, said point being a 6"X6" concrete monument (no identification) ; thence North 89°49'48" West along the North line of the Southeast 1/4 of said Section 13, a distance of 20.00 feet; thence departing said North line, North 00°01'16'' East, a distance of 17.50 feet to the Southeast corner of Lot 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, as recorded in Plat Book B, Page 4, Public Records of Osceola County, Florida, said point also being at the intersection of the North right of way line of a 35 foot platted right of way per said plat and the West right of way line of a 40 foot platted right of way per said plat and the POINT OF BEGINNING; thence North 89°49'48" West along the South line of said Lot 64 and Lot 63 of said plat and along said North right of way line, a distance of 1285.10 feet to the Southwest corner of said Lot 63, said point being at the intersection of said North right of way line and the East right of way line of a 35 foot platted right of way per said plat; thence North 00°01'05" West along said East right of way line and along the West line of said Lot 63, a distance 40.56 feet; thence departing said East right of way line and said West line, South 89°51'49" East, a distance of 1285.13 feet to a point on the East line of said Lot 64 and said West right of way line; thence South 00°01'16" West along said East line and said West right of way line , a distance of41,31 feet to the POINT OF BEGINNING.

Parcel 1 containing 17.557 acres more or less.

Notice of Establishment Old Hlel<ory CDD

Parcel 2:
Lots 1, 2, 15, 16, 17, 18,31,32,33,34,35,36,45,46,47,48,51,52,61,& 62, THE SEMINOLE LAND and INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION 24,
TOWNSHIP  26 SOUTH, RANGE  30 EAST,  according to the plat thereof of as recorded
in Plat Book "B", Page 11, Public Records of Osceola County, Florida.
Less that portion conveyed to The School Board of Osceola County, Florida by Special Warranty Deed recorded in Official Records Book 3795, Page 1751, Public Records of Osceola County, Florida, described as follows:

A parcel of land being a portion of Lots 32, 33, 34, 47, and 48, of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, as recorded in Plat Book B, Page 11, Public Records of Osceola County, Florida, being more particularly described as follows:

Commence at the Southeast corner of the Northeast Quarter of said Section 24; thence run N00°17'36"E along the east line of said Northeast Quarter a distance of 658,88 feet; thence departing said East line run N89°54'13"W a distance of 20.00 feet to the Southeast comer of the aforementioned Lot 48 and the Point of Beginning; thence N89°54'13"W, along the South line of said Lot 48 and the South line of Lot 47 of said subdivision, a distance of 1033.34 feet; thence departing  said  South line run N00°05'4?''E, a distance of 476.45 feet; thence N89°44'02"W, a distance of 206.63 feet to a point on a curve concave Northwesterly , having a central angle of 56°03'43" and a radius of 125.00 feet; thence from a tangent bearing of S89°44'02''E, run Northeasterly, along the arc of said curve, a distance of 122,31 feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 49°49'54" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 32.18 feet to the point of reverse curvature of a curve concave Northwesterly, having a central angle of 56°50'05" and a radius of 100,00 feet; thence run Northeasterly, along the arc of said curve, a distance of
feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 63°05'32" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 40.74 fe.et  to the point of tangency;  thence  S89°42'24"E, a distance of 561.02 feet to the point of curvature of a curve concave Northwesterly, having a central angle of 23°52'44" and a radius of 400.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 166.71 feet to the point of reverse curvature of  a curve concave Southeasterly, having a central angle of23°52'44" and a radius of 400.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 166.71 feet  to the point of tangency; thence S89°42'24"E, a distance of 115.12 feet to a point on the East line of Lot 32 of the aforesaid plat of the Seminole Land and Investment Company 's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East; thence S00°17'36"W, along said East line and along the East line of Lots 33 and 48 of said plat of the Seminole Land and Investment Company's (Incorporated) Subdivision of- Section 24, Township 26 South , Range 30 East, a distance of 687.08 feet to the Point of Beginning.

Nolice of Establishment
Old Hickory COD

Parcel 3:
Lots 66 and 79, THE SEMINOLE LAND & INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION 13, TOWNSHIP 26 SOUTH, RANGE 30 EAST, according
to the plat thereof of as recorded in Plat Book "B'', Page 4, Public Records of Osceola County, Florida.
Together with all of seller's right, title and interest, if ali"ly, in and to any vacated platted
rights of way adjacent to any of the above referenced Lots. Parcels 2 and 3 together containing 157.838 acres more or less.
Parcel 4: {Easement)
TOGETHER WITH: Nonexclusive, Temporary Construction Easement for the benefit of Parcels 1, 2 and 3, as set forth in that certain Temporary Construction Easement Agreement by and between The School Board Of Osceola County, Florida, a Florida political   subdivision,  and  Strategic   Capital  Resources,  Inc.,  a  Flori_da  corporation, recorded February 6, 2009 in Official Records Book 3795, Page 1757, over, under and across the lands described therein.

Altogether containing 175.395 acres more or less.

Notice of Establishment Old Hickory COD

SECTIO	E

RESOLUTION 2020-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT, ADOPTING THE ALTERNATIVE INVESTMENT GUIDELINES FOR INVESTING PUBLIC FUNDS IN EXCESS OF AMOUNTS NEEDED TO MEET CURRENT OPERATING EXPENSES, IN ACCORDANCE WITH SECTION 218.415(17), FLORIDA STATUTES

WHEREAS, the Board of Supervisors, hereinafter referred to as the "Board" of the Old Hickory Community Development District, hereinafter referred  to as "District" is required to adopt an investment policy in accordance with Section 218.415, Florida Statutes, and

WHEREAS, the Board desires to adopt the alternative investment guidelines for the investment of public funds in excess of amounts needed to meet current operating expenses, in accordance with Section 218.415, Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD  HICKORY COMMUNITY DEVELOPMENT DISTRICT:

.      The  District  hereby  adopts  the  alternative  invesbnent  guidelines for the investment of public funds in excess of the amounts needed to meet current operating
expenses,  in  accordance  with Section  218.415(17>)   Florida  Statutes.	The  District  may
invest in the following instruments and may divest itself of investments, at prevailing prices or rates:
The Local Government Surplus Trust Fund, or any intergovernmental investment pool authorized pursuant to the Florida InterlocaJ Cooperation Act, as provided in Section 163.01, Florida Statutes.
Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency.
Interest-bearing time deposits or savings accounts in qualified public depositories, as defined in Section 280.02, Florida Statutes.
Direct obligations of the U.S. Treasury .

Securities listed in paragraphs c and d shall be invested to provide sufficient liqu idity to pay obligations as they come due.

This Resolution shall become effective this 1st day of June, 2020.

Secretary/ Assi stan t Secretary	Chairman/Vice Chairman

SECTION F

RESOLUTION 2020-10

A RESOLUTION OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE DISTRICT MANAGER, TREASURER TO EXECUTE THE PUBLIC DEPOSITORS REPORT, AND FURTHER AUTHORIZING THE EXECUTION OF ANY AND ALL OTHER FINANCIAL REPORTS; PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Old Hickory Community Development District has established the position of Treasurer for the purpose of maintaining the financial records of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS  AS FOLLOW:

The District Manager or Treasurer are hereby authorized on behalf of Old Hickory Community Development District to execute the public depositor report to the Office of the Treasurer as required by Chapter 280, Florida Statutes, and any and all other financial reports required by any other rule, statute, law ordinance or regulation.

This Resolution shall be effective immediately upon adoption.

THIS	RESOLUTION	INTRODUCED	and	ADOPTED	by	the
BOARD OF SUPERVISORS at their organizational meeting on the 1st day of June, 2020.

Chairman/ Vice Chairman

Secretary/ Assistant Secretary

S ECTION G

RESOLUTION 2020-11

A RESOLUTION OF THE BOARD OF SUPERVISORS OF OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE PUBLIC'S OPPORTUNITY TO BE HEARD; DESIGNATING PUBLIC COMMENT PERIODS; DESIGNATING A PROCEDURE TO IDENTIFY INDIVIDUALS SEEKING TO BE HEARD; ADDRESSING PUBLIC DECORUM; ADDRESSING EXCEPTIONS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the Old Hickory Community Development District ("District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in the City of St. Cloud Osceola County, Florida; and

WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt resolutions as may be nece sary for the conduct of District business; and

WHEREAS, Section 286.0114, Flmida Statutes, requires that members of the public be given a reasonable opportunity to be heard on a proposition before a board or commission; and

WHEREAS, Section 286.0114, Florida Statutes, sets forth guidelines for rules and policies that govern the public's opportunity to be heard at a public meeting; and

WHEREAS, the District's Board of Supervisors ("Board") finds that it is in the best interests of the District to adopt by resolution a policy (the ' Pub lic Comment Policy'') for immediate use and application.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1.	DESIGNATING  PUBLIC COMMENT PERIODS.	The District's
Chairperson, his or her designee, or such other person conducting a District meeting ("Presiding Officer"), shall ensure that there is at least one period  of time ("Public Comment  Period'')  in the District's meeting agenda whereby the public has an opportunity to be heard on propositions before the Board, as follows:

An initial Public Comment Period shall be provided at the start of each Board meeting before consideration of any propositions by the Board. In the event there are propositions that come before the Board that are not listed on the agenda, the Presiding Officer shall announce a Public Comment Period on such proposition prior to the Board voting on the matter.

Old Hickory COD Resolution 2019-10
Setting Public Comment Period

Speakers shall be permitted to address any agenda item or non-agenda matter(s) of personal or general concern during the initial Public Comment Period.

Individuals wishing to make a public comment are limited to three (3) minutes per person. Potential speakers may not assign his/her three (3) minutes to extend another speaker 's time.

The Presiding Officer may extend or reduce the time periods set forth herein in order to facilitate orderly and efficient District bus iness, provided however that a reasonable opportunity for public comment shall be provided consistent with the requirements of Section 286.0114, Florida Statutes. The Presiding Officer may also elect to set and announce additional Public Comment Periods if he or she deems it appropriate.

SECTION 2.	DESIGNATING A PROCEDURE TO IDENTIFY INDIVIDUALS
SEEKING TO BE HEARD. Unless otherwise directed and declared by the Presiding Officer, individuals seeking to be heard on propositions before the Board shall identify themselves by a show of hands at the beginning of each Public Comment Period, as announced by the Presiding Officer. Alternatively , in the event that public attendance is high, and/or if otherwise in the best interests of the District in order to facilitate efficient and orderly District business, the Presiding Officer may require individuals to complete speaker cards that include the individual's name, address , the proposition on which they wish to be heard, the individual's position on the proposition (i.e., "for" "against," or "undecided"), and if appropriate , to indicate the designation of a representative to speak for the individual or the individual's group. In the event large groups of individuals desire to speak, the Presiding Officer may require each group to designate a representative to speak on behalf of such group. Any attorney hired to represent an individual or company' s interests before the Board shall notify the Board of such representation piior to proving any public comment.

Sections 1 and 2 herein shall be deemed to apply only to District Board meetings, but the Presiding Officer of a District workshop in his or her discretion may elect to apply such Sections to District workshops.

SECTION 3. PUBLIC DECORUM. The following policies govern public decorum at public meetings and workshops:

Each person addressing the Board shall proceed to the place assigned for speaking, and should state his or her name and address in an audible tone ofvoi_ee for the public record.

All remarks shall be addressed to the Board as a body and not to any member thereof or to any staff member. No person other than a Board Supervisor or District staff member shall be permitted to enter into any discussion with an individual speaker while he or she has the floor, without the permission of the Presiding Officer.

Old Hickory CDD Resoluti on 2019- 11
Scning Public Comment Period

Nothing herein shall be construed to prohibit the Presiding Officer from maintaining orderly conduct and proper decorum in a public meeting. Speakers shall refrain from disruptive behavior, and from making vulgar or threatening remarks. Speakers shall refrain from launching personal attacks against any Board Supervisor, District staff member, or member of the public. The Presiding Officer shall have the discretion to remove any speaker who disregards these policies from the meeting.

In the case that any person is declared out of order by the Presiding Officer and ordered expelled, and does not immediately leave the meeting facilities, the following steps may be taken:

1.	The Presiding Officer may declare a recess.
u.	The Presiding Officer may contact the local law enforcement authority.
iii. In case the person  does not  remove himself or herself from  the meeting> the Presiding Officer may request that he or she be placed under arrest by local law enforcement authorities for violation of Section 871.01, Florida Statutes or other applicable law.

SECTION 4. EXCEPTIONS. The Board recognizes and may apply all applicable exceptions to Section 286.0114, including those set forth in Section 286.0114(3) and other applicable law. Additionally, the Presiding Officer may alter the procedures set forth in this Public Comment Policy for public hearings and other special proceedings that may require a different procedure under Florida law.

SECTION 5. SEVERABILITY. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 6. EFFECTIVE DATE. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. Furthermore upon its passage this Resolution supersedes any Public Comment Policy previously adopted by the District.

PASSED AND ADOPTED this 1st day of June, 2020.

ATTEST:		OLD	HICKORY	COMMUNITY DEVELOPMENT DISTRICT

 	

---------

Print Name: Secretary/Assistant Secretary

ChairpersonNice Chairperson

Old Hickory CDD Resoluti on 2019-11
Setting Public Comment Period

S ECTION H

RESOLUTION 2020-12

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT PROVIDING A POLICY FOR THE REIMBURSEMENT OF DISTRJCT TRAVEL EXPENSES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, Old Hickory Community Development District (the "District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes being situated in City of St. Cloud, Osceola County, Flo rida; and
WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt resolutions as may be necessary for the conduct of District business; and

WHEREAS, the District recognizes that its board members , employees, consultants, or advisors may undergo travel in connection with the performance of their official duties, and that they may incur usual ordinary, and incidental expenses in relation to such travel; and

WHEREAS, the District' s Board of Supervisors (the " Board'') finds that it is in the best interest of the District to adopt by resolution a policy (the "Travel and Reimbursement Policy" ) for immediate use and application.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. GENERAL PROVISIONS.

The us ual, ordinary, and -incidental travel expenditures necessa rily incurred by District board members, employees, consul tants, or advisors in the performance of their official duties shall be reimbursed by the District. Each board member's city of residence shall be his or her official headquarters for purposes of travel expense reimbursement.

Except as otherwise provided, prior authorization for travel is not required , but reimbursable expenses will be limited to those expenses incurred in the performance of official duties undertaken in connection with such public purposes as the District has been authorized by law to perform.
All claims submitted for reimbursement must be accompanied by a written statement that they are true and correct as to every material matter.
SECTION 2. TRANSPORTATION .

2.1 All travel must be by a reasonably direct or usually traveled route. In the event a person traveJs by an indirect route for his own convenience , any additional cost shall be bome by the traveler and reimbursement for expenses shall be based on the usually traveled route.

22 Commercial travel shall be by the most economical method, tourist or coach class. First class rates will be paid only in the event that a statement is attached to the claim certifying that tourist or coach seating was unavailable.
When available without penalty for cancellation, travelers should take advantage of discount fares.
Transportation by common carrier when traveling on official business and paid for by the traveler shall be substantiated by a receipt.

Rental car expenses shall be substantiated by a copy of the rental agreement.

	Whenever travel is by a privately-owned vehicle, the traveler shall be entitled to a mileage allowance at the fixed rate per mile as established by the legislature in Section 112.061, Florida Statutes. Should the State increase the mileage allowance specified in Section 112.061, Florida Statutes, the District shall, without further action by the Board, be pennitted to reimburse travelers at the increased rate.

	All mileage shall be from point of origin to point of destination. When travel commences from a location other than the traveler's official headquarters, mileage shall be calculated on the basis of the distance from the headquarters city to the point of destination, unless the actual distance is  shorter.  Vicinity  mileage necessary for conduct of official business is allowable, but must be identified as a separate item on the claim for reimbursement of expenses.

No traveler shall be allowed either mileage or transportation expense when s/he is gratuitously transported by another person, or when he is transported by another traveler who is entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be reimbw-sed the actual amount charged and paid for her/his fare for such transportation up to the cost of a commercial airline ticket for the same flight if one is available, even though the owner or pilot of the aircraft is also entitled to transportation expense for the same flight.
SECTION3. INCIDENTAL EXPENSES
Reasonable travel-related expenses for meals, lodging, gratuities, taxi fares, tolls, parking fees, and business-related telephone, telegraph, and facsimile charges shall also be reimbursed if substantiated by receipts.

Reimbursement for meals shall not exceed $6 for breakfast, $11 for lunch, and
$19 for dinner. Should the State increase the meal aDowances specified in Section 112.061, Florida Statutes, the District shall, without further action by  the Board, be permitted to reimburse travelers based on the increased limits.

Registration fees and other actt1al and necessary expenses for conventions, conferences and seminars which will serve a direct public purpose related to District activities will be considered reimbursable if persons attending such meetings receive prior approval. In the event room or meal expenses are included in the registration fee, reimbursement for these expenses will be reduced accordingly.

SECTION 5. SEVERABILITY. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 6. EFFECTIVE DATE. This Resolution shall become effective upon its passage
and shall remain in effect unless rescinded or repealed.
PASSED AND ADOPTED THIS l 't DAY OF JUNE 2020.

ATTEST:	OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

Secretary/ Assistant Secretary	Chairman/Vice Chairman

SECTION I

RESOLUTION 2020-13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE APPOINTMENT OF A RECORDS MANAGEMENT LIAISON OFFICER; PROVIDING THE DUTIES OF THE RECORDS MANAGEMENT LIAISON OFFICER; ADOPTING A RECORDS RETENTION POLICY; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE.

WHEREAS, the Old Hickory Community Development District ("District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in the City of St. Cloud, Osceola County, Florida; and
WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt rules to govern the administration of the District and to adopt resolutions as may be necessary for the conduct of district business; and
WHEREAS, Section 1.2(2) of the •District's Proposed Rules of Procedure appoints the Secretary of th.e District as the District's records custodian; and
WHEREAS, Section 257.36(5), Florida Statutes, requires the District to establish and maintain an active and continuing program for the economical and efficient management of records and to provide for the appointment of a records management liaison officer ("Records Management Liaison Officer"); and
WHEREAS, the District desires for the Records Management Liaison Officer to be an employee of the District or an employee of the District Manager; and
WHEREAS, the District desires to authorize the District' s records custodian to appoint a Records Management Liaison Officer, which may or may not be the District's records custodian; and

WHEREAS, the District desires to prescribe duties of the Records Management Liaison Officer and provide for the assignment of additional duties; and
WHEREAS, the Distri ct' s Board of Supervisors ("Board") finds that it is in the best interests of the District to adopt by resolution a Records Retention Policy (the "Policy' ) for immedjate use and application; and
WHEREAS, the District desires to provide for future amendment of the Records Retention Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE  OLD  lllCKORY COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The District hereby authorizes the District's records custodjan to appoint a Records Management Liaison Officer and report such appointment to the appropriate State of Florida agencies. A Records Management Liaison Officer shall be an employee of the District or the District Manager. The Board, and the District's records custodian, shall each have the individual power to remove the Records Management Liaison Officer at any time for any reason. Immediately following the removal or resignation of a Records Management Liaison Officer, the District s records custodian shall appoint a replacement Records Management Liaison Officer.
SECTION 2. The duties of the Records Management Liaison Officer shall include the following:
A. serve as the District's contact with the Florida Department of State, State Library and Archives of Florida; and
8. coordinate the District ' s records jnvento ry; and
maintain records retention and disposition forms; and
coordinate District records management training and
develop records management procedures consistent with the attached Records Retention Policy, as amended; and
participate in the development of the District's development of electronic record keeping systems; and
submit annual compliance statements; and
work with the Florida Department of State, State Library and Archives of Florida to establish individual retention schedules for the District from time to time and as may be necessary; and
such other duties as may be assigned by the Board or the District' s records custodian
in the future.

SECTION 3. The District hereby adopts as its Records Retention Policy the applicable provisions of Section 257.36(5), Florida Statutes, the rules adopted by the Division of Library and Information Services of the Department of State ("Division") pursuant to Section 257.36, Florida Statutes, and the General Records Schedules established by the Division. However, the District hereby extends the minimum retention guidelines contained in the General Records Schedules so that the District will retain alJ public records relating to District business until the Board of Supervisors amends the Records Retention Policy to address the disposition of the same. To the extent the above statute, rules, or schedules are amended or supplemented in the future, the Di trict's Records Retention Policy shall automatically  incorporate such amendment or supplement provided that such automatic amendment doe not pennit the disposition  of District records without further action of the Board. The Records Retention Policy shall remain in full force and effect until such time as the Board amends the Policy.
SECTION 4. If any provision of this resolution is held to be illegal or invalid the other provisions shall remain in full force and effect.
SECTIO 5. This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. Furthermore, upon its passage this resolution supersedes any Records Retention Policy previously adopted by the District.

PASSED AND ADOPTED this l51 day of June 2020.

ATTEST:	OLD	IDCKORY	COMMUNITY DEVELOPMENT DISTRICT

 	

Print Name:--------
Secretary/Assistant Secretary

Chairman/Vice Chairman

S ECTION J'

RESOLUTION 2020-14

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD IDCKORY COMMUNLTY DEVELOPME T DISTRICT APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF ST. CLOUD, FLORIDA; RATIFYING ACTIONS OF THE CHAIRMAN AND DISTRICT STAFF RELATED TO THE FINALIZATION AND EXECUTION OF SAID INTERLOCAL AGREEMENT; PROVIDfNG FOR SEVERABILITY· AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Old Hickory Commun ity Development District (''the District")  is  a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, for the purpose of financing, constructing, providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and

WHEREAS, the District is located in the City of St. Cloud Osceola County, Florida (the "City"); and

WHEREAS, pursuant to discussions between the District's Staff, the Petitioner  (as defined in the Petition to Establish the District) and the City, and the requirements  of the City, was determined that the interest of both the District and the City would be served by addressing clarifying several issues, such, but not limited to, as notice and communication  methods, through a lnterlocal Agreement between the District and City;

WHEREAS, the fonn of lnterlocal Agreement, bas been submitted to and approved by
the City, as a condition of the establishment of the District; and

WHEREAS, the District' s Board of Supervisors desires to adopt this Resolution in order to accept and approve both the lnterlocal Agreement  and  to ratify the actions  of the Chairman and District Staff with respect to the Interlocal Agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE   OLD   HICKORY  COMMUNITY DEVELOPME T DISTRICT:

Recitals. The recitals so stated are true and correct and by this reference are incorporated herein.

Authority for this Resolution. This Resolution is adopted pursuant to the provisions of Florida law, Chapter 190 Florida Statutes.

Approval of Interlocal Agreement. The District finds it to be in its best interest to and hereby, does approve the lnterlocal  Agreement, a final form of which is  attached  hereto as Exhibit "A".

Ratification of Chairman and Staff Actions. The District hereby approves and ratifies the actions of the District's Chairman, District Counsel, District Manager and District Engineer with respect to any prior actions, negotiations or discussions with the County pertaining to the subject matter of the Interlocal Agreement, as well as any actions taken with respect to the drafting, revising, finalizing, execution and subwssion of the Interlocal Agreement.

Severability. If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section  or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitu tional.

Conflicts. All resolutions or parts thereof in conflict herewith are to the extent of
such conflict, superseded and repe aled.

Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED THIS 1st DAY OF JUNE 2020.

ATTEST:	OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

By:  	

Name: - - - - - - - - - - - ·
Secretary/Asst. Secretary

By :      -	-	-	-	-	-	-	-	-	-	-	-	-	-	-
ame:     	_
ChainnanNice-Cbairman

Exhibit "A": Interlocal Agreement

[JNSERT RECORDING INFO]

lNTERLOCAL AGREEMENT
BETWEEN THE CITY OF ST. CLOUD, FLORIDA AND
THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT REGARDING THE EXERCISE OF POWERS AND
COOPERATION ON PROVIDING ADDITIONAL DISCLOSURE AND NOTICES

TfilS INTERLOCAL AGREEMENT (the "Interlocal Agreement") , dated as of

------

, 2020, is entered into by and between the City of St. Cloud, Florida (the

"City"), a political subdivision of the State of Florida and the Old Hickory Community Development District (the "District"), a community development district created pursuant to the provisions of Chapter 190, Florida Statutes, with its District Manager being Governmental Management Services - Central Florida, with offices located at 219 E. Livingston Street, Orlando Florida 32801.

RECITALS:

WHEREAS, LENNAR HOMES, LLC, a Florida limited liability company (the "Petitioner"), as fee simple owner ofreal property located in the City of St. Cloud, Osceola County, Florida, more particularly described on Exhibit ''A" hereto and incorporated herein by this reference (the "Property"), did file with the City on December 4, 2019, a Petition to Establish the Old Hickory Community Development District (the "Petition") pursuant to the Act (as defined herein); and

WHEREAS, upon review of the Petition and supporting testimony, evidence and documentation, including but not limited to swveys, plans and specifications and financial data, the City Council for the City of St. Cloud (the "City Council"), on May 14, 2020, granted the Petition; and	-

WHEREAS, on May 14, 2020, concuJTent with or subsequent to the action of the City Council granting the Petition, the City enacted Ordinance No. 2020-09 (the "Ordinance") establishing the Old Hickory Conunuruty Development District (the ''District"); and

WHEREAS, the District consists of that real property wholly within the boundaries described in the Ordinance; and

WHEREAS, the District is an independent special district and a local unit of special­
-purpose government which is created pursuant to the Act, and is limited to the performance of those specialized functions authorized by the Act and the Ordinance; and

WHEREAS, the governing body of the District is created, organized, constituted and authorized to function specifically as prescribed in the Act and the Ordinance for the delivery of urban community development services; and

WHEREAS, pursuant to the Act, the District is presently authorized to construct, acquire, and maintain infrastructure improvements and services set forth in Section 190.012(1), Florida Statutes, for which the District may impose, levy and collect non-ad valorem special assessments on land within the boundaries of lie District; and

WHEREAS, in accordance with the Act, the City has expressed in the Ordinance its consent to the District Board (as defined herein) having the additional powers to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems
and facilities described and authorized by Sections 190.012(1) and 190.012(2)(a) and I90.012(2)(d), Florida Statutes, for which the District may impose, levy and collect non-ad valorem special assessments on land within the boundaries of the District; and

WHEREAS, the Petitioner has previously indicated its intent to present to the District Board, after its establishment, a proposed Intetlocal Agreement between the City and the District to further define the responsibility of the District to (i) provide for certain enhanced disclosure regarding the establishment of the District and the existence of liens and special assessments on lands contained within the District's boundaries, (ii) provide that annual notice be given by the District to all landowners within the District regarding the date, time and place of the scheduled monthly meetings of the Board of Supervisors for its ensuing fiscal year, and (iii) provide that annual notice be given by the District to all landowners within the District regarding the date, time and place of its budget bearing; and

WHEREAS, Petitioner has presented this Interlocal Agreement to the District Board (as defined herein) for approval; and

WHEREAS, it is in the mutual interest of the City and the District to establish intergovernmental relations that encourage, promote and improve the coordination, overall effectiveness and efficiency of governmental activities and services within the boundaries of the District; and

WHEREAS, Chapter 163, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" (hereinafter, the "Cooperation Act"), permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities, and

WHEREA , the City and the District find this lnterlocal Agreement to be necessary, proper and convenient to the exercise of their powers, duties and purposes authorized by law; and

WHEREAS, the City and the District desire to exercise jointly their common powers and authority concerning the cost-effective financing of the acq\Jisition and construction of the infrastructure, public improvements and community facilities; the avoidance of inefficiencies caused by the unnecessary duplication of services and facilities; and the clarification of responsibilities, obligations, duties, powers, and liabilities of each of the governmental bodies.

NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein , and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the District agree as follows:

ARTICLE I - INTRODUCTION

Section 1.01.	Authorit·'	Thjs Jnterlocal Agreement is entered into pursuant to the
authority set forth in the Cooperation Act and the Act, and other applicable provisions of law.

Section 1.02. Recitals and Exhibits. The recitals so stated are true and con-ect and by this reference are incorporated into and form a material part of this lnterlocal Agreement. All exhibits identified herein are hereby incorporated by reference to the same extent as if fully set forth herein.

Section 1.03. Authorit, to Contract.  The execution  of  this  Interlocal  Agreement  has been duly authorized by the appropriate body or official(s)  of the City and  the  District, each  party has complied with aU applicable  requirements  of law,  and each party  has full power and  authority to comply with the tc1111s and provisions of this instrument.

Section 1.04. Definitions. The following terms when used in capitalized form herein shall have the respective meaning incticated below unless the context shall clearly indicate otherwise:

''Act" means the "Uniform Community Development District Act of 1980" codified in Chapter 190, Florida Statutes, as amended from time to time.

"District Board" means tho initial Board of Supervisors and all subsequent forms of the Board of Supervisors for the District.

"Capital Assessments" means an apportioned charge levied by the District against a Parcel to satisfy the costs and expenses of the infrastructure improvements, whjcb shall constitute a special assessment lien on the Parcel. This assessment is intended to refer to the Benefit Special Assessments and Special Assessments as set forth and described in Sections 190.021(2) and 190.022, Florida Statutes, respectively .

"Parcel" means a portion of the Property such as a lot, parcel, tract or any other quantity of land capable of being separately conveyed and having a separate folio number assigned by the Tax Collector for Osceola County.

ARTICLE II - DISTRICT POWERS

Section 2.01. Exercise of Powers. The District bas and shall retain all powers, rights, obligations and responsibilities granted or imposed by the Act as amended from time to time, including but not limited to, all general powers and special powers set forth in the Ordinance. The District agrees that it will not provide additional improvements or services outside those permitted by the Ordinance without the prior approval and amendment to the Ordinance by the City Council.

ARTICLE ill - ENHANCED DISCLOSURE AND NOTICE

Section 3.01. Enhanced Disclosure of District and Assessments. In addition to the statutory requirements for disclosure set forth in Sections 190.008, 190.009, 190.048 and 190.0485, Florida Statutes, the District Board hereby agrees to have executed and filed in the Official Records of Osceola County a "Declaration of Consent to Jurisdiction of Community Development District and to Imposition of Special Assessments" and a "Notice of Lien," (or similar notices) at the time any Capital Assessments are placed on Parcels within the District. Such notices are intended to inform potential future landowners of land within the boundaries of the District of both the establishment of the District and the existence of liens and special assessments on lands contained within the District, which liens run with the land.

This notice supplements the following notices that will also be placed in the public records of the County on all property within the District:

Notice of Establishment of the District Notice of Public Financing
This lnterlocal Agreement

Section 3.02. Notice of District Meeting Schedule. In addition to the statutoty notice requirement set forth in Section 190.008(2)(a) Florida Statutes, the District hereby agrees to publish in a newspaper that meets the requirements of the Act once a year a notice of District's adopted schedule of meetings of its Board of Supervisors for the ensuing fiscal year ("District Meeting Schedule''), which notice shall designate tbe date, time and place of each of the scheduled meetings. The described District Meeting Schedule will also be provided to the City Manager by mail or electronic transmission to City Hall - City Manager's Office, 1300 9th Street, St. Cloud, Florida 34769 or such other ad.dress as directed in writing by the City Manager. The District Meeting Schedule shall also be posted online on the District's website as noted in Section 3.03 herein.

Section 3.03 District Website Information. The District shall establish a website within one-hundred twenty (120 days) of its establishment. The District website shall include the

District s Meeting Schedule and all other information as required by Sections 189.015(1), 189.016 and 189 .069, Florida Statutes, which shall include, but is not limited to, the following:

l .	Full legal name of the District.
Public purpose of the District.

ame, official addresses, official e-mail address, and, if applicable, term and appointing authority for each member of the governing body of the District.

Fiscal year of the District.

Full text of the special district's charter, the date of establishment, the establishing entity, and a reference to the Act under which the District operates, include information relating to any grant of special powers.

The mailing address, e-mail address, telephone number, and website uniform resource locator of the District.

Description of the boundaries or service area of, and the services provided by, the District.

Listing of all taxes, fees, assessments, or charges imposed and collected by the District, including the rates or amounts for the fiscal year and the statutory authority for the levy of the tax, fee, assessment, or charge.

Primary contact information for the District for purposes of communication from the department.

A code of ethics adopted by the District, if applicable, and a hyperlink to generally applicable ethics provisions.

Budget of the District and any amendments thereto in accordance with Section 189.016, Florida Statutes.
Final, complete audit report for the most recent completed fiscal year and audit reports required by law or authorized by the governing body of the District.

A listing of its regularly scheduled public meetings as required by Section 189.0LS(J), Florida Statutes.

Public facilities report.

The link to the Department of Financial Services' website as set forth in Section 218.32(l)(g), Florida Statutes

At least seven (7) days befot·e each meeting or workshop, the agenda of the event, along with any meeting materials available in an electronic format, excluding confidential and exempt information .

A schedule of its regularly scheduled meetings, including the date, time and location of each scheduled meeting.

Section 3.04. Notice of Annual Budget Hearing. 1n addition to the statutory notice requirement set forth in Section l 90.008(2)(a), Florida Statutes, the District hereby agrees to work in cooperation with the Osceola County Property Appraiser and Tax Collector to have notice of the date , time and places of the annual budget hearing placed on the TRIM otice seat to each landowner in the District. In the event of any increase to assessments, each affected landowner will get notice of the proposed increase and date, place and time of public hearing to consider such increase. The District shall also post budget information on its website, as noted in Section 3.03 above.

ARTICLE IV MISCELLANEOUS PROVISIONS

Section 4.01. Notices. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered when: (i) band delivered to the official hereinafter designa ted, or
(ii) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested addressed to a party at the address set forth opposite the party's name below, or at such other address as the party or parties shall have been specified by written notice to the other party delivered in accordance herewi th.

lfto City:

With a copy to:

If to the District:

City Hall
City Manager 's Office 1300 9th Street
St. Cloud, Florida 34769
Attn: Bill Sturgeon - City Manager

OSK Law Group
332 N. Magnolia Avenue Orlando, Florida 32801
Attn: Daniel F. Mantzaris Esq. - City Attorney

Governmental Management Services - Central Florida, LLC
219 E. Livingston Street Orlando, Florida 32801
Attn: George S. Flint, District Manager

With Copy to:		Latham, Luna, Eden & Beaudine, LLP 11 I N. Magnolia Avenue, Suit·e 1400 Orlando, Florida 3280 I
Attn: Jan Albanese Carpenter, Esq. - District Counsel

Section 4.02. Binding Effect. This Agreement shall be binding upon and shall inure to  the benefit of the City, the District, and their respective successors and assigns.

Section 4.03. Filing and Recordin. . The City Council and the District Board hereby authorize and direct, after execution of this Interlocal Agreement by the duly qualified and authorized officers of each of the parties hereto, that this Interlocal Agreement be filed with the Clerk of the Circuit Court of Osceola County, Florida, in accordance with the requirements of Section 163.01(11), Florida Statutes. The City shall record this Agreement in the Public Records of Osceola County, at the City's expense.

Section 4.04. Applicable Law and Venue. This lnterlocal Agreement and the provisions contained herein shall be governed by and construed in accordance witb the laws of the State of Florida. In any action, in equity or law, with respect to the enforcement or interpretation of this Interlocal Agreement, venue shall be solely in Osceola County, Florida.

Section 4.05. Entire Agreement. This instrument and its exhibits constitute the entire agreement between the parties and supersede all previous discussions understandings and agreement between the parties relating to the subject matter of this Agreement . Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment, except changes in Chapter 189, 190 or any other Florida Law shall automatically amend this agreement.

Section 4.06. Continued Effect; Remedies. Notwithstanding anything herein to the contrary, no provision of this Interlocal Agreement shall be construed to affect, alter, or otherwise impair the District ' s power to impose, levy and collect Capital Assessments or assessments for operation and maintenance purposes and the failure of the District to comply with or provide the enhanced disclosure or notices as described herein shall not in any manner render the Capital Assessments, the operation and maintenance assessments, or any of the proceedings related thereto ineffective; provided, however , that the District must comply with the additional notice requirement set forth in Section 3.03 hereof for its annual budget hearing to be considered effective. The City's sole remedy for the District's failure to perform in accordance with the terms of this Interlocal Agreement shall be an action for mandamus or specific performance, as applicable, by court order, to cause the District to comply with its obligations hereunder.

Section 4.07. Effective Date. This Intcrlocal Agreement shall become effective after its execution by the authorized representatives of both parties and upon the date of its filing with the Clerk of the Circuit Court of Osceola County, Florida. This Agreement shall also be recorded in the public records of the County to become a part of the title history of properties in the District.

[SIGNATURE PAGES IMMEDIATELY FOLLOWS]

CITY SIGNATURE PAGE TO INTERLOCAL AGREEMENT

IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Int rlocal Agreement on this date and year first above written.

ATTEST:

Name: Linda P. Jaworski Title: City Clerk

STATE OF FLORIDA	)
COUNTY OF OSCEOLA	)

CITY OF ST. CLOUD

By:		 Name: 	_ Title: 			_

The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [  ]  online notarization this 		day  of ----- 2020, by    	

_ _ _ _ _ _

_ _ and Linda P. Jaworski, as the _ _ _ _ _ _ _ _ _

_	and City

Clerk of the City of St. Cloud, Florida, and who have acknowledged that they executed the same on behalf of the City of St. Cloud, Florida and that each was authorized to do so. Each is [ ] personally known  to me or [ ] has produced 	as identification.

Notary Public; State of Florida Print Name:

-----------

My Commission Expires: 	_
My Commission No.: 	_

DISTRICT SIGNATURE PAGE TO JNTERLOCAL AGREEMENT

IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Intcrlocal Agreement on this date and year first above written.

OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

ATTEST:	By: 	_
Name: 	_
Ti  tle:  	_

rune:. 	_

STATE OF FLORIDA	)
COONTY OF 		_	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence

or []  online  notarization this 	

day of 	., 20 20, by _ _

_ _ _

_ _ _ ,

as 	and _ _

_ _ _ _

_ _ _ _

_   as 	for

the Old Hickory Community Development District, who has acknowledged that they executed the same on behalf of the Old Hickory Community Development District. Each is [ ] personally known to me or [ ] has produced valid identification.

Notary Public; State of Florida
Print Name:. 	_
My Commission Expires: 	_ My Commission No.: 		_

SECTION M

Proposal For
Old Hickory COD
(URL: TBD)	Website Type: Small
Website Accessibilit for Peo le with Disabilities as er Nondiscrimination requirem ents of Title II of the American Disabilities Act (ADA) & WCAG

Date	Version#	Comments	Author	
July l ", 2018	1.0	Created Proposal. Updated ''The Law, ADA and WCAG" se ctio n details	VB Joshi, Kristen T	
August l 0lh, 2019	2.0	Updated conversion and support costs based on discussed scope Updated fee-simple pricing and human audit seal
Added quarterly audit as per insurance requirement Updated Annual Main tenance price for ADA support only
Updated for COD specific info af ter conversing with COD Manager Added Human Audit Details
Added Hosting and Backup to Main tena nce	VB Joshi	
			VB Joshi	
Janua ry 3rd, 2020	3.0	Removed minor version updates Updated document layout for 2020	VB Joshi	

1W•  jlfiM

[      ..	IIBB  Ratlnt .: A♦

BBB.	CIiek 10, Pro fi le

Your website gets Z Compliance Seals
VGlobalTech's Technical Compliance Seal & Human Audit Compliance Seal*
(* Human Audit Contract required)

CERTIFIED ACCESSIBLE
By Analysts who are
Blind & Visually Impaired

VG/oba/Tech is the ADA, WCAG Compliance Expert, with over 250 ADA & WCAG compliant websites created (....and counting) to-date! We have partnered with a non-profit agency to conduct Human Audit and Certification Seal.
 	Visit   htt   ps:/  /vglobaltech.com/website-compliance I   for detalls.	

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Private and Confldentlo l Document. No port of this document shall be produced, sent. copied to any parties It Is not Intended for. II is Intended for the en titles listed clearly on this p ropo sal . Any d istribu tion without written consent shall be procecu led

COPYRIGHT©: This proposal and the contents within this document are solely created by VGlobalTech team for its customers and cannot be reproduced, copied, modified or distributed (including forwarding to other customers, competitors, web designers etc.) without the written consent of VGlobalTech. VGlobalTech company holds Intellectual Property* details along with company software details that must not be shared with others without the written permission  of the company. The proposal and software details are customized for the requesting customer and cannot be applied to any other customer/ asset/ solution. This document does not apply to a case if it is not exclusively sent to you by VGlobalTech upon request.
Any violations are punishable under the law and shall be prosecuted.

* VG/oba/Tech has developed unique ADA and WCAG compliance expertise, optimized website templates, compliance multi-step procedure and quality control, document conversion software
and test procedures. Contact us for details of VG /oba/Tech' s Intellectual Pro perty.

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Privole ond  Conlldentiol Document. No port of this document shall be  produced. seri  f. copied to any parties ii is not Intended ror. II Is In tended ror the enllties ftSl ed clearly on ttils proposal. Any dlstribuliori wilhout written consent shall be procecuted

Table of Contents
1.0	The Law	4
ADA & WCAG Compliance - Introduction	6
Common Problems and Solutions in Website Accessibllity?	7
Problem: Images Without Text Equivalents	7
Problem: Documents Are Not Posted In an Accessible Format.	7
Problem: Specifying Colors and Font Sizes	7
Problem: Videos and Other Multimedia Lack Accessible Features	7
Web Content Accessibility Guidelines (WCAG)	8
Pricing	10
Existing Website Remediation/  New Website Build:	10
ADA Compliance  Monthly  Maintenance and Hosting	11
Quarterly Technical and Human Audit.	11
...............................................................................................................................................................................12
4.0	Proposal Acceptance:	13
5.0	References:	15

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Private end Confldenfiol Document. No port of lhls document sha ll be p roduced, sent. cop fed to any parties It is not In tended for. II is intended for the entitles listed c ieorty on th isproposal. Any dlstributlon wlthoU1 written consent sholl be procecuied

1.0The Law

Source: http:/ / www.leg.state. fl.us/ st atut es/ in dex.cfm?App_mode=Display_St atut e&URL=0100- 0199/0189/Sections/0189.069.htmI
189.069	Special districts; required reporting of information; web-based public access. -

(1)	Beginning on October 1, 2015, or by the end of the first full fiscal year after its creation, each special district shall maintain an official website containing the information required by this section. Each special district shall submit its official website address to the department.
Each independent special district shall maintain a separate website.

Each dependent special district shall be prominently displayed on the home page of the website of the local general-purpose government upon which it is dependent with a hyperlink to such webpages as are necessary to provide the information required by this secti on. A dependent special district may maintain a separate website providing the information required by this secti on.
(2)(a)	A special district shall post the following information, at a minimum, on the district's official website:
The full legal name of the special di strict .

The public purpose of the special district.

The name, official address, official e-mai l address, and, If applicable, term and appointing authority for each member of the governing body of the special district.
The fiscal year of the special district.

The full text of the special district's charter, the date of establishment, the establishing entity, and the statute or statutes under which the special district operates, if different from the statute or statutes under which the special district was establishe d. Community development districts may reference chapter 190 as the uniform charter but must include information relat i ng to any grant of special powers.
The mailing address, e-mail address, telephone number, and website uniform resource locator of the special district.
A description of the boundaries or service area of, and the services provided by, the special district.
A listing of all taxes, fees, assessments, or charges imposed and collected by the special district, including the rates or amounts for the fiscal year and the stat uto ry authority for the levy

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Privo1e o nd Confidential Documen t. No port of this d ocument i holl be produced . sent. copied to any parties II rs not Intended for . 11 15 lnle n ded for the entitles listed clearly on this p ropo sa l. Any distribu tion wit hou t wrlllen consent shall be p rocecu ted

of the tax, fee, assessment, or charge. For purposes of this subparagraph, charges do not include patient charges by a hospital or other health care provider.
The primary contact information for the special dist rict for purposes of communication from the department.
A code of ethics adopted by the special district, if applicable, and a hype rlink to generally applicable ethics pro visions.
The budget of the special district and any amendments thereto in accordance with s.1 89.016.
The final, complete audit report for the most recent completed fiscal year and audit reports required by law or authorized by the governing body of the special district .
A listing of its regularly scheduled public meetings as required bys. 189.015(1).

14 .	The public facilities report, if applicable.

The link to tl<le Department of Financial Services1 website as set forth ins. 218.32{1)(g).

At least 7 days before each meeting or workshop, the agenda of the event, along with any meeting materials available in an electronic format, excluding confidential and exempt informatio n. The information must remain on the website for at least 1 year after the event.
(b)	The department's website list of special districts in the state required under s. 189.061shall include a link for each special district that provides web-based access to the public for all information and documentation required for submission to the department pursuant to
subse ction

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Privo fe o nd Con fldentfof Document. No porr of this document sholl b e produced , sen t. copied to any parties II ls not Intended for . It rs In tended for the ent ities listed cleor1y on this propo sa l. Any dlrl rtbullon wi thout writ ten consent sho fl be p rocecuted

2.0 ADA & WCAG Com pliance - Introduction

Every individ ual must have equal access to informatio n whet her it is in person service or on line. This is a general agreement and understanding of access.
The Internet has dramatically changed the way state and local governments do business. Today, government agencies routinely make much more information about their programs, activities, and services available to the public by posting it on their websites. As a result, many people can easily access this information seven day a week, 24 hours a day.
Many government services and activities are also provided on websites because the public is able to participate in them at any time of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of fi ling tax returns, paying bills, renewing licenses, signingup for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other activities.
The Americans with Disabilit ies Act (ADA) and, if the government entities receive federal funding, the Rehabilit ation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, usingthe simple steps described in this document. An agency with an inaccessible website may also meet
its legal obligations by providing an alternative accessible way for citizens to usethe programsor
services, such as a staffed telephone information line. Thesealternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.
The World Wide Web Consort ium (W3C) sets the main international st andards for the World Wide Web and its accessbi ility.  W3C created the Web Content Accessibility Guidelines (WCAG
and 2.1) which are simflar t o Section 508, but on an international level. WCAG 2.0 and 2.1 requires specific techniques for compliance and is more current than Sectfon 508.
Many countries and international organizations require compliance with WCAG 2.0 and 2.1. The guidelines are categorized into threelevels of compliance: A (must support), AA (should support), and MA (may support). Representatives from the accessibility community around the world participate ln the evolution of these guidelines.
Source: https://www.w3.or:g/WA l/ standards-gudi elines/ wcag/

Visit htt p:lj vglobaltech .com/ website- compliance/ for more details, do a websit e compliance check on your website and to download a PDF proposal.

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Plivote ond Confidential Docvmenl. No port of this docvment shall be produced, sent, copiedlo anyportiesil !s not Intended for. It is intended for the entities listedcleorty on fhisp,opos,al Anydistribution Without writtenconsent shellbe procecutea

Common Problems and Solutions in Website Accessibility?

Problem: Images Without Text Equivalents
Solution: Add a Text Equivalent to Every Image

Adding a line of simple HTML code to provide text for each image and graphic will enable a user with a vision disability to understand what it is. Add a type of HTML tag, such as an "alt" tag for brief amounts of text or a "longdesc" tag for large amounts, to each image and graphic on your agency's websit e.
The words in the tag should be more than a description. They should provide a text equivalent of the image. In other words, the tag should include the same meaningful information that other users obtain by looking at the image. In the example of the mayor's picture, adding an "alt" tag with the words "Photograph of Mayor Jane Smith" provides a meaningful description.
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other  visitors to  the website can  see. For example, a map showing the locations of neighborhood branches of a  city library  needs a tag with much more information In text format. In that instance, where the map conveys the locations of several facilities, add a
"l ongdesc" tag that includes a text equivalent description of each  location shown on the map - e.g., "City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue."
Problem: Documents Are Not Posted In an Accessible Format
Solution: Post Documents in a Text-Based Format

Always provide documents in an alternative text-based format, such as HTML or RTF (Rich Text Format), in addition to PDF. Text-based formats are the most compatible with assistive
t echnologies .

Problem: Specifying Colors and Font Sizes
Solution: Avoid Dictating Colors and Font Settings

Websites should be designed so they can be viewed with the color and font sizes set in users' web browsers and operating systems. Users with low vision must be able to specify the text and background colors as well as the font sizes needed to see webpage content.

Problem: Videos and Other Multimedia Lack Accessible Features
Solution: Include Audio Descriptions and Captions

Videos need to incorporate features that make them accessible to everyone. Provide audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to people who are blind or have low visio n. Provide text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.

VGlobalTech.com - Experience Innovation	Page 7 of 15
Your strategic partner for Web Design , Software, Marketing, and SEO solu tions.
C a ll: 321-947-7777 I Email : contoct@VGlobalTech.com
Private and Canf!dential Document. No port of this document shell be produced , sent . cop ied to ony porlies It is not Intended tor. It ,s intended for the enll!les listed clearly on lhls p(oposol. Any distribution without written consent shall be procecuted

Web Content Accessibility Guidelines (WCAG)

Understanding the Four Principles of Accessibility

The guidelines and Success Criteria are organized around the following four principles, which lay the foundation necessary for anyone to access and use Web content . Anyone who wants to use the Web must have content that is:
Perceivable - Information and user interface components must be presentable to users in ways they can perceive.
a  This means that users must be able to  perceive the  information  being presented (it can't be invisible to all of their senses)
Operable - User interface components and navigation must be operable .

a This means that users must be able to operate the interface (the interface cannot require interaction that a user cannot perform)
Understandable - Information and the operation of user interface must be understandable.
a This means that users must be able to understand the information as well as the operation of the user interface (the content or operation cannot be beyond their understanding)
Robust - Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies.
a This means that users must be able to access the content as technologies advance (as technologies and user agents evolve, the content should remain accessible)
If any of these are not true, users with disabilities will not be able to use the Web.

Under each of the principles are guidelines and Success Criteria that help to address these principles for people with disabilities. There are many general usability guidelines that make content more usable by all people, including those with disabilities. However, in WCAG 2.1, we only include those guidelines that address problems particular to people with disabilities. This includes issues that block access or interfere with access to the Web more severely for people with disabilities.

See reference section at the end of this document for more information and websites for ADA, Usability and other important compliance issues and solutions.

VGloba lTech  .com  - Ei<perience Innova tion	Page 8 of 15
Your strategic partner for Web Design, So ftware, Marketing , and SEO solu tions.
Coll: 321-947-7777 I Ema il: contoct@VGlobolTech.com
Private and Co nfidentia l Document . No part of this document shall be produced . se nt co p ied to any pa rties It Is not inte nded ror. It is Intended for the en tities listed clearly on this propo ses!. Any dlstrtbutlon without written consent shell be procecuted

VGlobalTech development and business management team shall study these compliance guidelines and with our technical capabilities apply these to make your website accessible, compatible and fully function for all people, including those with disabilities.
Visit https://vglobaltech.com/website-compliance/ for details of our
compliance process and expertise in this area.
Please see References section for se ve ra l resources on com pli ance.

VGlobalTech.com - Experience Innovation	Page 9 of 15
Your stra teg ic partner for Web Design, So ftware, Marketing, and SEO solu tions.
Ca ll: 321-947-7777 I Email: contac t@VGlobo lTech . c om
Private and Confidential Docume nt. No port of this documen t shall be produced, sen t, c op ied lo any part ies tt is notlnlended for. II is Intended tor the ent ities IISted cteor1y on this pro po sa l. Any distribution Without written consent sha ll be procecuted

Pricing

VGlobalTech team shall complete the following critical tasks for client website. All costs below are per website/ COD:

Existing Website Remediation/ New Website Build:

	Task	
1.	Remediate existing website/ Build new website from start as per Florida Statute Chapter 189 requirement s. Ensure ADA & WCAG compliance requirements. Customer shall provide all documents and content required. ALL webpages on the website. Create accessibility document, code review, html
updates, plugins / security updates required for ADA and WCAG compliance	
2.	Cross-Device Check (Website needs to appear as per ADA standards on Mobile Phones, Tablets, Desktops etc.). Braille Readers, Other assistance technology
compatibility	
3.	ADA Standards application (as per Section 1 above). ADA.gov, Web Content Accessibility Guidelines (WCAG)	
4.	PDF Documents conversion (to Text, HTML etc.) as needed for ADA Compliance
/ Reader Compliance (up to 2 years of documents shall be converted)	
5.	Create a webpage showing websites ADA Compliance efforts	
6.	Create customized footer with VGlobalTech's ADA Compliance Seal (valid for 1 year only)	
7.	Web Design Total: $2375/- (one time)	

VGloba lTec  h .c om -Experience Innovation	Page 10 of 15
Your strategic partner for Web Design, So ftware , Marketing, and SEO so lu tions.
Co ll: 321-947-7777 I Email: contoc t@VGlobol Tech.com
Private and Confidential Document . No part of this document sha ll be produced, sent, cop ied lo any parties It ls not Intended for. It is intended for 1he entitte1 fisted cleorty on this pr opo sal. Any distributlon withou t written consent shall be procecu ted

ADA Compliance Monthly Maintenance and Hosting

Maintenance contract starts after initial conversion is completed (It is critical to maintain compliance as websites get updated):

The Annual Maintenance DOES NOT include the quarterly audits proposed in the next section.
M aintenanc e contract is required for VGlo balTech's proprietary document conversion software (PDF to RTF) to be used that allo ws faster, accurate and batch processing for document conversion.

	Task	
1.	Full content upload support to regularly keep site updated (includes all documents, audit reports, agendas, meeting minutes, events etc). Ensure content is in ADA and WCAG compliance for the entire site . Section 508 stipulations (ap plicable to COD) and FIA /eGIS Insurance requirements are met. These points are very crit ical to maintain a fully compliant website at all t imes. Update turnaround time - less than 24 hrs from customer sending the content and documents to be
updated to VGT team.	
2.	PDF Documents conversion (to Text, HTML etc) as needed (new documents during the maintenance year only) for ADA Compliance/ Reader Compliance. VGlobalTech's proprietary batch conversion software shall be used by our t eam for fast er bat ch-conversion processing as long as the contract is valid (big time saver that creates compliant  documents  that can be uploaded to the website). There is no limit on how many documents  or pages  per  documents can be converted per month using VGlobalTech's software. If Auto co nversion fails, VGlobal Tech
team shall perform manual OCR and conversion within 24 hrs.	
3.	Update footer with VGloba lTech' s ADA Compliance Seal (extended for current year)	
4.	Website hosting and backups - Premium hosting, unlimited file space, ban dwidt h,
fast website response, regular automated backups, SSL certificates for secure site access (https protocol), 99.9% website uptime:	
	Total Monthly Maintenance with full content upload, document conversion and Hosting:
$300 I month

* support beyond 8 hrs. / month / COD shall be billed at $55 / hr. separa t ely (VGlobalTech team shall be responsible to t rack and report hours exceeded, if any)
* ** Monthly maintenance must be paid before the 10th of every month	

Quarterly Technical and Human Audit

VGloba lTech.c   om -Experience Innovation	Page 11 ol 15
Your strategic p artner for Web Design , Sof tware, Marketing , and SEO solu tions.
C a ll: 32 1 -947-7777 I Email: c on l oc t@ VGl ob o lTech.c om
Private and Confidential Document. No port of this documen	t shall be produced , sent. copied to any parties It Is not intended !Of. It is rntended for the ent ities listed c te O(ly on this proposal. Any distribution without written consent shall be procecu ted

This audit is as per the Florida Insurance Alliance guidelines. Please check with your insurance agency for specific requ ir ements. Read more here: https:/ / vglobaltech.com/ wp­ content/uploads/2019/ 03/ FJA_ADA_Guidelines -2019-2020.pdf
VGlobalTech has par tner ed with a local agency for the visually impaired - LightHouse Works. LightHouse has developed a unique program for digital accessibility that is run by visually impaired personnel that are highly skilled in human auditing of websites and software as per the section 508 stipulati ons. Read more about our pa rtn ersh ip here: https:/ /vglobaltech.com/website-compliance/
Together we are now able to provide not one but two compliance seals for all our customers:
Digital Asset Technical Comp lian ce Seal:

VGlobalTech in -house technical team shall remediate / test the website / software for ADA, WCAG comp lia nce. VGlobalTech's technical design & development team is fully aware of the Americans wit h Disability Act (ADA), Web Content Accessibility Guidelines (WCAG) , Section 508 of  the Rehabilit ation Act of 1973 and overall the design principles of  a  professional,  accessible,  functional  and  responsive   web des ign. The entire team has taken dedicated time and efforts to learn these design principles first hand. Our purpose is dear
- Universal, Creative Web design that works for everyone, everywhere and every time!

CERTIFIED   ACCESSIBlE
By Analy sts whoare Blind& VisuallyImpaired

Hama n Audit Sea l:

Light House Works ' visually impaired personnel shall actually test the website for compliance as per t he section 508 and ADA requirements . The VGlobalTech technical team shall remediate any points discovered by LightHouse team and send the site for re-certi fication. Upon satisfactory completion LightHouse shall provide the Human Audit Seal tha t will be specific to the site and the VGloba!Tech team shall put the seal on the site . This is an added layer of true Human Audit testing that provides full ADA compliance.

Cost for Audit: $400 / per audit
Can be paid yearly for all 4 audits ($'1600) or can be paid per audit every quarter $400
Seals renewed every qunrter
Audits are conducted by VGlobalTech and LightHouse Agency together
Full Audit reporls shall be provided

This proposal includes follo wi ng points, s tipula tions te rms and condit ions :

VG lob a lTech .c o m - Experience Inno va tion	Pa g e 12 of 15
Yo u r sir a tegic partner for Web Desig n , So ftw are, Marketing, and SEO so lut io n s.
Cal l: 321- 947-7777 I Em ail: c on to c t@V Glo bo lTech.c om
Privo!e and Confidential Document. No por1 of this document shall be produce d, sent, copied to any parties It is not Intended for, It ls
inlended for the entities listed clearly on this p roposa l. Any distribution without written consen t sh a ll be pracecuted

*(1} conference call or in person meetings per month with client to review metrics, results and monthly recaps *unless otherwise noted
* email and phone communication

*Anything out of the scope of work in the above proposal will be addressed and client will be immediately notified. After notification of additional work, a subsequent quote will be provided to cover that work.
*Client is responsible to adhering to timelines as far as information required to  complete  the task is concerned. If timelines are not adhered to and exceed 15 business days past the current marketing months, last day, all work will end. A new month with new allocated costs will be presented for future work to  commence. No refunds and owed  work will be due unless otherwise agreed upon. An Invoice will be provided once signature approval of this project proposal. Payments will be made to VGLOBALTECH
* Clie nt is responsible for verifying quality of work, providing feedbac k, verifying that compliance has been met as required. VGlobalTech team shall not be responsible for any legal ramifications arising from work not done as per external agencies/ organizations/ associations needs if proper feedback is not provided by the customer. VGlobalTech's work will be in best faith but cannot guarantee all compliance/ legal needs since we are not the final authority in the ADA or WCAG compliance area. VGlobalTech shall not be liable for any legal ramifications arising from compliance issues and cannot be held responsible for any legal or other lawsuits.
Refund Policy: The client may halt work and request for a refund  within seven days of the date  of signing this services agreement by mailing a signed letter to the main address listed on www.VGlobalTech.com websit e. If client requests a refund within seven days of the date of signing their agreement, they shall be liable to pay for all work completed and will be refunded the remain i n g balance of the initial payment if billable work has not exceeded a charge t hat would be greater than client's initi al payment. If client requests a refund after the seven days from the date of the signing of the agreement client is liable to pay for all work  completed  plus an additional 25% of any rema ining balance that may still be due. Once line item projects are complete no refunds will be issued. Confidentialit y: All info rmat i on between client and service provider  inclusive of technical and business Information relat ing  to  proprietary ideas, patentable i deas and/or trade secrets, existing and/or contemplated products and services, research and development, product ion , costs, profit and margin information, finances and financial projections, customers, clients, market ing, and current or fu t ure business plans and models, regardless of whether such information is designated as '1Co nfidenti al Information" at the time of its disclosure and will be treated as such and with absolute con fi dentiality and will
not be shared or used, which will be maintained at all times. The client is not allowed to disclose thei r price with any third part ies. Doing so is in breach of this agreement. All informat io n development will be shared and  propriet ary information  and  property  between  client  and service providers.

4.0 Proposal Acce ptance :

VG lo b o ll e c h .c om -Experience Innovation	Pa ge 13 of 15
Yo ur  stra te gic p a rt n e r for Web Desig n , So ftware, Marketing, and SEO so lu tions.
C oll : 32 1- 94 7- 77 77 I Em a il: c o n to c t@VG lo b o lTe c h .c o m
Ptivole and Confident ial Doc ument. No port of this document shall be produ ced. sen t, copied to any parties it is no t in tended tor. It Is Intended for the entities listed clearly on this p roposa l. Any distribution without written consent sh a ll b e procecufed

The VGlobalTech proposed so lution and t erms have been accepted by the cust omer and the VGlobalTech can proceed wit h the project. All payment s sh all be made accord in g to this agreement.

Select Proper Option Below, Sign and Date, Return to contact@vglobaltech.com:
DOption1: Website only
Section 3.1: One time (website conversion and compliance cost):

DOptionl: Website and Monthly Maintenance w/ Hosting
Section 3.1: One time (website conversion  and compliance cost)
+
Section 3.Z ADA Compliance Monthly Maintenance and Hosting
D	Option3: Website and Quarterly Audits
Section 3.1 : One time (website conversion and compliance cost)
+
Section 3.3 Quarterly Technical and Human Audit Testing
D Option4: Website, Monthly Maintenance w/ Hosting and Quarterly Audits
Section 3.1: One time (website conversion and compliance cost)
+
Section 3.2 ADA Compliance Monthly Maintenance and Hosting
+
Section 3.3 Quarterly Technical and Human Audit Testing

S ig natu re s:

For Customer	Date

VB Josh i
For VGlobalTech	Date

VGlo b a lTec h .c o m - E perience Innovation	Page 14 of 15
Your strategic partner for Web Desig n , Software. Mark eting, and SEO solutions.
C all: 321-947-7777 I Email: contoct @VGloba lTec h.com
Privale ond Confident ial Documenl. No port of this doc umen t shal l be p roduced, sent , cop i ed to any porties it is not Intended for. II Is intended for the en!Jties lfsted clearly on this p ropo sa l. Any distribution wlthou1 written consent shon be piocecuted

5.0 References:

ADA Best Practices Tool Kit for State and Local Gove rnments: https:// www.ada .gov/ pcat oolkit/ chap5toolkit.htm

U.S. Department of Justice, Civil Rights Divisio n, Disabilfty Rights Section
ht t ps: // www.ada. gov/ we bsit es 2.ht m

Web design St andards: ht t ps:// www.w3schoo ls .com/

Web Content Accessibility Guidelines (WCAG) htt ps:// www.w3.o rg[I R/ WCAG 21L

VGlobalTech Web Content Accessibility Implementation and Checkpoin ts: http:// vglobaltech.com/ websit e-compliance/

BBB  Aatl  n91 A+

Click for Profile,

VGlobalT ech .com  - Experience Innovation	Page 15 of 15
Your strategic partner for Web Design, So ftware, Marketing, and SEO solutions.
Coll: 321-947-7777 I Email: c ontoc t@VG lob ol Tech.c om
P1Wole and Confidential Document. No port of this document shel l be produced. sent, copied to any parties It Is nor Intended tot . II Intended for the entlttes listed clearly on this proposal . Any dlstrlbutlon without written consent shall be procecuted

- ---	-·- -

                      I

S ECT10 ·	A

S ECTION 1

IiGreenbergTraurig
STEPHEN D. SANFORD, ESQ.
WEST PALM BEACH OFFICE
0 1RECT 0 1AL: 561-650-7945
E-MAIL: sanrords@gtlaw.com

May 15, 2020

Board of Supervisors of Old Hickory Commwlity Development District
c/o Governmental Management Services - Central Florida, LLC
219 East Livingston Street Orlando, FL 32801 Attention: George Flint

Re:		Old Hickory Community Development District Special Assessment Bonds, Series 2020

Dear Board of Supervisors:

Greenberg Traurig, P.A. would be pleased to serve as Bond Counsel to the 01d Hickory Community Development District (the "District'') in -connection with the above-referenced proposed special assessment bond issue (the "Bonds") to be issued to finance certain public infrastructure improvements (herein, the "Project'') and the costs of issuance of the Bonds.

We would propose to perform all of the services customarily performed by bond counse1, including necessary tax analysis in connection with the issuance of the above-referenced Bonds under a master trust indenture and one or more supplemental trust indentures (which we shall prepare), the preparation of all bond resolutions, the drafting of all closing papers, the delivery of our tax opinion to the investors, providing assistance in the preparation of a preliminary and final limited offering memorandum and the validation of the Bonds. For our services,  we would propose a legal fee of $50,000 per issue.  We  would like to point  out that our Finn will provide  an unqualified tax opinion subject to additional tax diligence in light of the Villages TAM. We would also assist District Counsel in the validation  of the Bonds.  In addition, we would review  all required assessment proceedings prepared by District Counsel on the District Manager .

We will also seek reimbursement of our reasonable documented expenses; such fees and expenses payable at, and contingent upon, the closing of the Bond issue (other than our expenses which are not contingent on the closing of  the Bonds).  Our out-of-pocket  expenses,  for which we will bill the District at the time of delivery of the Bonds will not include the cost of preparing the final bond transcripts. Such item will be a post-closing matter and wilt be  billed  to the  District at cost. Our fees assume that the requirements  of Circular 230 will not be applicable to  the Bonds; but in any event could not exceed the above stated amounts without notice to the  Board of Supervisors .

Greenberg 'I'rnurig, P.A. I Attorneys at Law
TT7 South Flagler Drive   Suite 300 I West Palm Beach, Florida 33401 I T +1 561.650.7900 F +1 561.655.6222	
www.g aw.com

If for any reason the District is unable to complete its financing or shall abandon issuing the Bonds utilizing special assessment bonds to finance the costs of the Project,  our proposed bond counsel fee would be payable in the amount described below on or before the close of calendar year 2020. Such amount due would be equal to our normal hourly rates, discounted by 10%, plus our reasonable documented out-of-pocket expenses. In all cases, if we were to be paid under such formula, our total fee for services provided as bond counsel would not exceed
$50,000 per issue. We presume that under that scenario, where there are no bond proceeds available to pay our fees, payment would be made from general fund moneys of the District or moneys provided by the primary landowner/developer.
If our fee quote is acceptable to you, please indicate by signing below  and  return  the same to me.
If you have any questions, please feel free to give me a call. We look forward to the opportunity to work with you on this financing.

Very truly  yours, GREENBERG  TRAURIG, P.A.
Stephen D. Sanford, Shareholder

Agreed and Accepted:

OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT
By: 		_ Name: 	_  T i tle: 			_

Date:    	

4991107l vl /192309 ,010100

2

.	.
S ECTION 2

AGREEMENT BETWEEN THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT AND HAMILTON ENGINEERING & SURVEYING, INC. FOR INTERIM PROFESSIONAL ENGINEERING SERVICES

THIS AGREEMENT made and entered into this 	day of 	, 2020, by and between:

Old Hickory Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in the City of St. Cloud, Osceola County, Florida (“District”); and

Hamilton Engineering & Surveying, Inc., a Florida corporation, with a mailing address of 775 Warner Lane, Orlando, FL 32803 (“Engineer”).

WHEREAS, the District is a local unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes (“Uniform Act”), by ordinance of the City of St. Cloud, Florida; and

WHEREAS, the District is authorized to plan, finance, construct, install, acquire and/or maintain improvements, facilities and services in conjunction with the development of the lands within the District; and

WHEREAS, the District intends to employ Engineer on an interim basis to perform engineering, surveying, planning, landscaping, construction administration, environmental management and permitting, financial and economic studies, as defined by a separate work authorization; and

WHEREAS, the Engineer shall serve as District’s professional representative in each service or project to which this Agreement applies and will give consultation and advice to the District during performance of his services.

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the acts and deeds to be performed by the parties and the payments by the District to the Engineer of the sums of money herein specified, it is mutually covenanted and agreed as follows:

Article 1.	Scope of Services

The Engineer will provide general engineering services, including:

Preparation of any necessary reports and attendance at meetings of the District’s Board of Supervisors.
Assistance in meeting with necessary parties involving bond issues, special reports, feasibility studies, or other tasks.

Page 1 of 9

Any other items requested by the Board of Supervisors.

Article 2. Method of Authorization. Each service or project shall be authorized in writing by the District. The written authorization shall be incorporated in a Work Authorization which shall include the scope of work, compensation, project schedule, and special provisions or conditions specific to the service or project bring authorized. Authorization of services or projects under the contract shall be at the sole option of the District.

Article 3. Compensation. It is understood and agreed that the services rendered by Engineer under this contract shall not exceed $25,000. It is further understood and agreed that  the payment of compensation for services under this contract shall be stipulated in each Work Authorization. One of the following methods will be utilized:

Lump Sum Amount - The District and Engineer shall mutually agree to a lump sum amount for the services to be rendered payable monthly in direct proportion to the work accomplished.

Hourly Personnel Rates - For services or projects where scope of services is not clearly defined, or recurring services or other projects where the District desires the use of the hourly compensation rates outlined in Schedule “A.”

Article 4. Reimbursable Expenses. Reimbursable expenses consist of actual expenditures made by Engineer, its employees, or its consultants in the interest of the project for the incidental expenses as listed as follows:

Expenses of transportation and living when traveling in connection with a project, for long distance phone calls and telegrams, and fees paid for securing approval of authorities having jurisdiction over the project. All expenditures shall be made in accordance with Chapter 112, Florida Statutes, and with the District’s travel policy.

Expense of reproduction, postage and handling of drawings and specifications.

Article 5.  Term of Contract.  It is understood and agreed that this contract is for  interim engineering services. It is further understood and agreed that the term of this contract  will be from the time of execution of this contract by the parties until such time as the District notifies Engineer that is has entered into a subsequent agreement for engineering services.

Article 6. Special Consultants. When authorized  in  writing  by  the  District,  additional special consulting services may be utilized by Engineer and paid for on a cost basis.

Article 7. Books and Records. Engineer shall maintain comprehensive books and records relating to any services performed under this Agreement, which shall be retained by Engineer for a period of at least four (4) years from and after completion of any services hereunder. The District, or its authorized representative, shall have the right to audit such books and records at all reasonable times upon prior notice to Engineer.

Page 2 of 9

Article 8.	Ownership of Documents.

All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Engineer pursuant to this Agreement (the “Work Product”) shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire.

The Engineer shall deliver all Work Product to the District upon completion thereof unless it is necessary for Engineer in the District’s sole discretion, to retain possession for a longer period of time. Upon early termination of Engineer’s services hereunder, Engineer shall deliver all such Work Product whether complete or not. The District shall have all rights to use any and all Work Product.  Engineer shall retain  copies of the Work Product for its permanent records, provided the Work Product is not used without the District’s prior express written consent. Engineer agrees not to recreate any Work Product contemplated by this Agreement, or portions thereof, which if constructed or otherwise materialized, would be reasonably identifiable with the Project. If said work product is used by the District for any purpose other than that purpose which is intended by this Agreement, the District shall indemnify Engineer from any and all claims and liabilities which may result from such re-use, in the event Engineer does not consent to such use.

The District exclusively retains all manufacturing rights to all materials or designs developed under this Agreement. To the extent the services performed under this Agreement produce or include copyrightable or patentable materials or designs, such materials or designs are work made for hire for the District as the author, creator, or inventor thereof upon creation, and the District shall have all rights therein including, without limitation, the right of reproduction, with respect to such work. Engineer hereby assigns to the District any and all rights Engineer may have including, without limitation, the copyright, with respect to such work. The Engineer acknowledges that the District is the motivating factor for, and for the purpose of copyright or patent, has the right to direct and supervise the preparation of such copyrightable or patentable materials or designs.

Article 9. Accounting Records. Records of Engineer pertaining to  the  services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times.

Article 10. Reuse of Documents. All documents  including  drawings  and  specifications furnished by Engineer pursuant to this Agreement are instruments of service.  They are not intended or represented to be suitable for reuse by District or others on extensions of the work for which they were provided or on any other project. Any reuse without specific written consent by Engineer will be at the District’s sole risk and without liability or legal exposure to Engineer.

Page 3 of 9

Article 11. Estimate of Cost. Since Engineer has no control over the cost of labor, materials or equipment or over a contractor's(s') methods of determining prices, or over competitive bidding or market conditions, his opinions of probable cost provided as a service hereunder are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable cost prepared by him. If the District wishes greater assurance as to the construction costs, it shall employ an independent cost estimator at its own expense. Services to modify approved documents to bring the construction cost within any limitation established by the District will be considered additional services and justify additional fees.

Article 12.  Insurance.  Engineer shall, at its own expense, maintain insurance during  the performance of its services under this Agreement, with limits of liability not less than the following:

Workers Compensation

General Liability	Statutory	
Bodily Injury	$500,000/$1,000,000	
(including Contractual)
Property Damage	
$500,000/$1,000,000	
(including Contractual)		
Automobile Liability
Bodily Injury	
$500,000/$1,000,000	
Property Damage	$100,000	
Professional Liability for Errors and Omissions	
$1,000,000	

Engineer shall provide District with a certificate evidencing compliance with the above terms and naming the District and its supervisors, employees, agents and staff as additional insureds. Engineer shall provide the District with thirty (30) days notice of cancellation. At no time shall Engineer be without insurance in the above amounts.

Article 13. Contingent Fee. The Engineer warrants that it  has  not  employed  or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

Page 4 of 9

Article 14. Audit. The Engineer agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any books, documents, papers, and records of the Engineer involving transactions related to the Agreement. The Engineer agrees that payment made under the Agreement shall be subject to reduction for amounts charged thereto that are found on the basis of audit examination not to constitute allowable costs. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of all work under the Agreement.

Article 15. Indemnification.  The Engineer agrees, to the fullest extent permitted by  law, to indemnify, defend, and hold the District harmless of and from any and all liabilities, claims, causes of action, demands, suits, or losses arising from the negligent acts, errors or omissions of the Engineer, Engineer's agents or employees, in the performance of professional services under this Agreement. Engineer agrees and covenants that nothing herein shall constitute or be construed as a waiver of the District's sovereign immunity pursuant to Section 768.28, Florida Statutes.

The District agrees, to the extent permitted by Section 768.28, Florida Statutes, and other applicable law, to indemnify and hold the Engineer harmless from any damage, liability or cost to the extent caused by the District's own negligent acts, errors or omissions and those of the District's agents or employees arising from the obligations and duties of the District under this Agreement.

Article 16. Public Records. The Engineer agrees and understands that Chapter 119, Florida Statutes, may be applicable to documents prepared in connection with work provided to the District and agrees to cooperate with public record requests made thereunder. In connection with this Agreement, Engineer agrees to comply with all provisions of Florida’s public records laws, including but not limited to Section 119.0701, Florida Statutes, the terms of which are incorporated herein. Among other requirements, Engineer must:

Keep and maintain public records required by the District to perform the service.
Upon request from 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.
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 Engineer does not transfer the records to the District.
Upon completion of this Agreement, transfer, at no cost, to the District all public records in possession of the Engineer or keep and maintain public records required by the District to perform the service. If the Engineer transfers all public records to the District upon completion of this Agreement, the Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Engineer keeps and maintains public records upon

Page 5 of 9

completion of the Agreement, the Engineer 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.

IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, GEORGE FLINT, DISTRICT   MANAGER,    219    E.    LIVINGSTON    STREET, ORLANDO, FLORIDA, GFLINT@GMSCFL.COM, (407) 841-5524.

Article 17. Employment Verification. The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement.

Article 18.  Controlling Law.   Engineer and the District agree that this Agreement   shall be controlled and governed by the laws of the State of Florida.

Article 19. Assignment. Neither the District nor the Engineer shall assign, sublet, or transfer any rights under or interest in this Agreement without the express written consent of the other. Nothing in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as Engineer deems appropriate, pursuant to Article 5 herein.

Article 20. Termination. The District and  the  Engineer  may  terminate  this Agreement without cause upon notice. At such time as Engineer receives notification by the District to terminate the contract, Engineer shall not perform any further services unless directed to do so by the Board of Supervisors. In the event of any termination, Engineer will be paid for services rendered to the date of termination and all reimbursable expenses incurred to the date of termination.

Article 21.  Recovery of Costs and Fees.  In the event either party is required to   enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys' fees.

Article 22.   Acceptance.   Acceptance of this Agreement is indicated by the signature  of the authorized representative of the District and the Engineer in the spaces provided below.

Page 6 of 9

IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written.

OLD	HICKORY	COMMUNITY DEVELOPMENT DISTRICT

Secretary	Chairperson, Board of Supervisors

HAMILTON ENGINEERING & SURVEYING, INC.

Witness	By:  	

Page 7 of 9

SCHEDULE “A”

Page 8 of 9

Exhibit A

HAMILTON
E  NG   I N E E R I N G   &   S U  RVE   Y I N G .    I N C .

HAMILTON HOURLY FEE SCHEDULE

Principal
Engineering Senior Project Manager, PE, Senior VP Engineering Senior Project Manager, PE, VP Business Development, Project Manager, VP Survey Director, PLS
Survey Crew
Engineering Project Manager, PE Survey Senior Project Manager, PLS Construction Administration Director
Survey Senior Project Manager, Crew Coordinator IT Director
Engineering Senior Designer, CADD Manager Engineering Senior Designer
Senior CADD Tech/Project Manager, Eng/Sur Engineering Project Engineer, El
Survey Project Coordinator/QC Survey As-Built Coordinator
Planning & Zoning Project Manager/GIS Specialist Proposal Coordinator
Accounting/PayrolI Engineering Designer CADD Tech, Eng/Sur
Project Coordinator Permitting Office Manager
Construction Inspector Clerical/Administration

Hourly Rate

$235
$190
$170
$150
$150
$150
$130
$125
$120
$120
$120
$115
$100
$100
$90
$90
$90
$90
$90
$90
$85
$80
$80
$70
$75
$40

TAMPA OFFICE
3409 W. Lemon Stree t
To mpo , Fl 33609-1433
p. 813.250.3535
r. 813 .250.3636
ORLANDO  OfFICE
775 Warner Lane Oflonda . FL 32803
p, 407.362.5929

WWW ,HAMILTO NENGINEERING.US

 	, 2020

Old Hickory Community Development District Osceola County, Florida

Subject:	Work Authorization Number 1
Old Hickory Community Development District

Dear Chairman, Board of Supervisors:

Hamilton Engineering & Surveying, Inc., is pleased to submit this work authorization to provide interim engineering services for the Old Hickory Community Development District. We will provide these services pursuant to our current agreement dated
 	, 2020 (“Engineering Agreement”) as follows:
Scope of Work
Old Hickory Community Development District will engage the services of  Hamilton Engineering & Surveying, Inc., as Interim Engineer to perform those services as necessary for the preparation of a District Improvement Plan and attendance at meetings and bond validation proceedings regarding the District’s issuance of bonds.

Fees
Old Hickory Community Development District will compensate Hamilton Engineering & Surveying, Inc., pursuant to the hourly rate schedule contained in the Engineering Agreement. The District will reimburse Hamilton Engineering & Surveying, Inc., all direct costs which include items such as printing, drawings, travel, deliveries, et cetera, pursuant to the Agreement.

This proposal, together with the Engineering Agreement, represents the entire understanding between the Old Hickory Community Development District and Hamilton Engineering & Surveying, Inc. with regard to the referenced work authorization. If you wish to accept this work authorization, please sign both copies where indicated, and return one complete copy to our office. Upon receipt, we will promptly schedule our services.

Thank you for considering Hamilton Engineering & Surveying, Inc. We look forward to helping you create a quality project.

APPROVED AND ACCEPTED

By:  	
Authorized Representative of
Old Hickory Community Development District

Sincerely,

Date:  	

Page 9 of 9

S ECTION 3

fm	bonds
unicipal Bond Specialists
20660 W. Dixie Highway North Miami Beach, FL 331$0
April 13, 2020

Old Hickory Community Development District
c/o Governmental Management Services - Central Florida, LLC
219 E. Livingston Street Orlando, FL 32801 Attn: Mr. George Flint

Re:	Agreement for Underwriter Services & G-17 Disclosure

Dear Mr. Flint:
Thank you for the opportunity to work with the Oak Bay Community Development District (the ''District") regarding the underwriting of the District's Special Assessment Bonds, Series 2020 (the "Bonds"). The District and FMSbonds, Inc. ("PMS"), solely in its capacity as Underwriter, agree to the proposed terms set forth herein in Attachment I.  By  executing  this letter both parties agree to the terms set forth herein.
FMS's role is limited to act as Underwriter  within the Scope of Services  set forth herein as Attachment I, and not as a financial advisor or municipal advisor. FMS is not acting as a municipal advisor for the developer in connection with the subject transaction. Any information that FMS has previously provided was solely for discussion purposes in anticipation of being retained as yom underwriter. Attachment II, attached hereto, contains the Municipal Securities Rulemaking Rule Board Rule G-17 Disclosure that the District should read in its entirety and acknowledge by signing below.

We look forward to working with you.

Yours y,

By: Name: Jo Title:

Agreed to and accepted as of the date first written above:

OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT

By:	 	
Name: 	_
Title:    	

ATTACHMENT I

Section 1	Scope of Services of FMS: FMS proposes that its duties as Underwriter shall be
limited to the following:
To provide advice to the District on the structure, timing and terms of the Bonds;

To coordinate the financing process;

To conduct due diligence;

To assist -in the preparation of an offering memorandum;
To review the assessment methodology and Bond documents;

To market and offer Bonds to investors.

Section 2	Terms and Conditions:
	nderwriter Fee ''Underwritin Fee' '). FMS shall act as sole lead underwriter. The Underwriting Fee to FMS for acting as Underwriter shall be 2% of the Par Amount of any Bonds issued. The Underwriting Fee shall be due and payable only upon the closing of the Bonds. The Underwriting Fee may be modified pursuant to a bond delegation or award resolution approved by the Board and consented to by the Underwriter.
Price and Interest Rates: The offering price and interest rates  are expected  to  be  based on recent comparable transactions in the marke4 if any. FMS and  the District will jointly determine the offering price and interest rates immediately  prior to  the start of the order period, based on market conditions then. prevailing.

Bond Purchase eement. The obligations of the Underwriter and those  of the District would be subject to the satisfactory completion of due diligence and to the customary representations, warranties, covenants, conditions, including provisions respecting its termination contained in the form of a bond purchase agreement FMS will prepare and as generally used in connection with the offering of Bop.ds for this type of transaction.

Costs of.Issuance. The District shall be responsible for the payment of all expenses relating to the offering, including but not limited to, attorney fees, consultant  fees, costs associated with preparing offering documents, if any, the purchase agreement, regulatory fees and filing fees and expenses for qualification under blue sky laws designated by FMS and approved by the District

Assumptions. The proposed terms and statements of intention set forth in tlris agreement are bas on information currently available to PMS about the District and

the market for special assessment bonds similar to the Bonds  and  the assumptions that:

the financial condition and history of the project shall be substantially as understood, and the .financial information for the relevant and appropriate period ended to be included in the final offering memorandu,m will not vazy materially from those set forth in the material furnished to FMS;
no adverse developments shall occur which materially and adversely affect the underlying security and financial condition of the district;

the offering memorandum will comply with all applicable laws and regulations;

there will not be any unanticipated substantial delays on the part of the District in completing the transaction; and

all conditions of the Underwriter to purchase Bonds will be included in the bond purchase agreement and conditions sh  be satisfied or waived, in  the  sole discretion of the Underwriter.

Information. The District agrees to reasonably and  actively  assist FMS  in achieving an underwriting that is satisfactory to FMS and the District. To assist FMS in the underwriting the District will (a) provide and cause the District's staff and its professionals to provide FMS upon request with all information reasonably deemed necessary by FMS to complete the underwritings, included but not limited to, information and evaluations prepared by the District and its advisors;  and  (b) otherwise assist FMS in its underwriting efforts.
Term of Engagement The term of this Agreement shall commence  as of the date of  this Agreement and continue in full force and effect unless terminated by either party. In event of termination by the District without cause, FMS shall be entitled to recover its reasonable out of pocket expenses incurred up to the date of termination.

No Commitment. otwitbstanding the foregoing, nothing herein shall constitute an agreement to provide a firm commitment, underwriting or placement or arrangement  of any securities by PMS or its affiliates. Any such commitment, placement or arrangement shall only be made a part of an underwriting agreement or purchase agreement at the time of the sale of the bonds.

The engagement contemplated hereby and this agreement are solely for the benefit of the District and FMS and their respective successors, assigns and representatives and no other person or entity shall acquire or have any right under or by virtue hereof.

This Agreement contains the entire understanding of the parties relating to the transactions contemplated hereby and this Agreement supersedes all prior agreements, understandings and negotiations with respect thereto. This Agreement may be executed in counterparts each of which shall be an original but all of such counterparts shall constitute one and the same instrument

2

-	·- -

No Financial Advisor. FMS's role is limited to that of an Underwriter and not a Financial Advisor or Municipal Advisor

[Remainder of Page Intentionally Left Blank]

,

3

--	-- --  -	-	-

ATTACHMENTil

MSRB Rule G-17 Disclosure - The District has. engaged PMS to serve as widerwriter, and not as a financial advisor or municipal advisor, in connection with the issuance of the Bonds. As part of our services as underwriter, FMS may provide advice concerning the structure, timing, terms, and other similar matters concerning the issuance of the  Bonds.  We may also have  provjded such advice as part of the process of seeking to be selected to serve as your underwriter.  Any  such advice was provided by FMS s an underwriter and not as your financial advisor in this transaction.

Pursuant to the Notice, we are required by the MSRB to advise you that:
MSR.B Rule G-17 requires an underwriter to deal fairly at all times with both municipal issuers and .investors.

The underwriter's primary role is to purchase the Bonds with a view to distribution in an arm's-length commercial transaction with the Issuer. As such, the underwriter has financial and other interests that differ from those of the Issuer.

Unlike a municipal advisor, the underwriter does not have a fiduciary duty to the Issuer under the federal securities laws and are, therefore, not required by federal law to act in the best interests of the Issuer without regard to their own financial or other interests.

The underwriter has a duty to purchase the Bonds from the Issuer at a fair and reasonable price, but must balance that duty with its duty to sell the Bonds to investors at prices that are fair and reasonable.

As underwriter, we will review the disclosure document for  the  Bonds in  accordance with, and as part of, our responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of this transaction.1
The underwriter will be compensated by a fee and/or a fee that will be. set forth in the bond purchase agreement to be negotiated and entered into in connection with the issuance of  the Bonds. Payment or receipt of the underwriting fee  or discount will be contingent  on the closing  of the transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the principal amount of the Bonds. While this form of compensation  is customary  in the municipal secwities market, it presents a conflict of interest since an underwriter may have an incentive to recommend a transaction that is unnecessary or to recommend that the size of a transaction be larger than is necessary. The District acknowledges no such recommendation has been made by FMS.

1 Under federal securities law, an issuer of securities bas the primary responsibility for disclosure to investois. The review of the offering document by the underwriters is solely for purposes of satisfying the underwriters' obligations under the federal securities laws and such review should not be construed by an issuer as a guarantee of the accuracy or complet.eness of the information in the offering document.

Please note nothing in this letter is an expressed nor an implied commitment by us to provide financing or to purchase or place the Bonds or any other securities. Any such commitment shall only be set forth in a bond purchase agreement or other appropriate form  of agreement  for the type of transaction undertaken by you.

Further, our participation in the transaction contemplated herein remains subject to, among other things, the execution of a bond purchase agreement (or other appropriate form of agreement), further internal review and approvals, satisfactory completion of ow: due diligence investigation and market conditions.

FMS is acting independently in seeking to act as an underwriter in the transactions contemplated herein and shall not be deemed for any purpose to be acting as an agent, joint venturer or partner of any other principal involved in the proposed financing. FMS assumes  no  responsibility, express or implied, for any actions or omissions of: or the performance of services by, the other underwriters in connection with the transactions contemplated herein or otherwise.
If you or any other Issuer representatives have any questions or concerns about these disclosures, please make those questions or concerns known immediately to FMS. In addition, Issuer should consult with its own financial, municipal, legal, accounting, tax and other advisors, as applicable, to the extent it deems appropriate. Depending on the final structure of the tra.nsaction that the District and FMS decide to pursue, or if additional actual or perceived material conflicts are identified, we may be required to send you additional disclosures.

2

SEC·Tl·ON 5

[!!:]bank
May 15, 2020

GMS-Central Florida LLC Attn: George Flint
219 East Livingston Street Orlando, FL 32801

Re: Propo al to serve as Trustee, Paying Agent aml Registrar for Old Hickory Community Developmefll District Series 2020

Dear George:

On behalf of U.S. Bank National Association, I am pleased to submit our proposal to provide Trustee, Registrar and Paying Agent Services for the Old Hickory Community Development District.

By way of background, U.S. Bank is the fifth largest and strongest bank in the United States and is the top ranked provider for municipal corporate trust services both nationally and locally in the state of Florida. In Florida, U.S. Bank has maintained the number one ranking on municipal issuances for fourteen consecutive years.

U.S. Bank bas made a long-term commitment to remain in the corporate trust business and to expand its corporate trust services through acquisitions and the establishment of offices in key areas. The following are just a fow of the many advantages that make U.S. Bank Global Corporate Trust an excellent choice for corporate trust services:

Trust officers with extensive experience in working with all parties of the financing team.
Local presence through our Orlando, Jacksonvil1e and South Florida offices to ensure responsiveness for you and the bondholders.

U.S. Bank now offers our clients Pivot, a web-based secure and centralized online platform  which  provides real-time deal and account information that matters most. Pivot is a customiza ble,  u  er-friendly  interface, developed by experts and fully supported by our team  of  specialists.  With  easy  online  access  to  real-time account data and analysis tools our updated platfonn increases  efficiency  and  gives  our clients  confidence  to make strategic decisions that  enhance  their  operations.  Pivot  features  include :  straightforward  account summary dashboard, document delivery with  notification  tools,  quick  view  and  multi-level  data  summaries with efficient shortcuts, customizable data-reporting automation and accom1t grouping, large data download capabilities, reference to  15 months  of  historical  data,  comprehensive  training, tech  assistance  and support.  For a video demons tration , click the YouTube link: h11ps:/ /, outu.be/YV8AwTbDRbU

We look forward to working with Old Hickory Community Development District and continuing growing our strong banking rela tionship. Should you have any questions, please do not hesitate to call me directly at (407) 835-3805, or via email at: taccy.johnson4@usbank.com.

, Best regards,
\	,,

_

(

qI  • '   ·--'t I   •    •v\.\..'	../'t
Stacey . Johnson
Vice President
Relationship Manager ISoutheast Region
.S. Bank Global Corpornte Trust

bank

Old Hickory Community Development District For Trustee, Paying Agent & Registrar Ser.vices

Acceptance Fee	$1,975.00 One Time, Payable in Advance
Covers review of documents, participation in document conferences, establishing records/accounts, authentication/delivery of bonds, receipt of funds, establishment of procedures and ticklers necessary to perform our duties and monitor the various terms and covenants in the financing documen ts,

Annual Administration Fee*	$3,750.00 Per Series, Payable in Advance Each Additional Series $2,750.00
Maintenance of record in connection with the conrrol of the bonds outstanding; review and compliance of document pro visions; receive, pay out and control the movement of funds; pay periodic int erest and principal; and prepare periodic accountings and reports. Bond Registrar and Paying Agent services are included. Standard Trustee disclosure information is provided in our services.

Tru  tee Counsel Fees	Billed at Cost, Not to Exceed $6,000.00
Initial counsel fees paid at closing. Any additional ongoing legal fees and expenses would be billed at cost.

Investment Administration	$1,000.00 Annual, Each Additional Account $250
The investment fee applies to, but is not limited to outside held investments such as GIC' s, forward purchase agreements, state pool funds, etc . ll docs not apply lo U.S. Bank investment products . 'rhe investment tee includes tne activities associated with establishing the account, manual processing of transactions, reconcili ation of balances, wiring of funds, etc. Payable al lime of initial investment and annually in advance .

Incidental Expenses	7.75% of Annual Admin. Fee
lncidentnl expenses, such as travel and closing expenses, wires, postage, copies, mailings, courier expenses , etc.

Pivot	Waived
Pivot provides our clients the real-time deal and account information that matters most. Through a customi1.able, user-friendly interface_ Pivot offers our clients a secure and centralized online platform.

Extraordinary Expenses / Other Services	Billed at Cost Extraordinary Administration Services ("EAS") are duties, responsibilities or activities not expected to be provided by the trustee or agent at the outset of the transaction, not routine or customary, and/or not incurred in the ordinary course of business, and may requ ire analysis or interpretation. Billing for fees and expenses related to EAS is appropriate in instances where particular inquiries , events or developments are unexpected, even if the possibility of such circwnstances could have been identified at the inception of the transact ion, or as changes in low, procedures, or the cost of doing business demand. At our option, EAS may be charged on an hourly (time expended multiplied by current hourly rate), nae or specie.I fee basis at such rates or in such amounts in effect at the 1ime of such services, which may be modified by us in our sole discretion from time lo time. In addition, all fees and expenses incurred by the trustee or agent, in connection with the trustee's or agent's EAS and ordinary administration services and including without limitation the fees and expenses of legal counsel, financial ntlvisots and other professionals, charges for document amendments and sub titutions, tende rs, optional redemptions, UCC tilings, investment agreements, outside held monoy  market funds, default administration, wire transfers, checks,  inte rna l transfers and securities transaction , trnvel expenses, communication costs, postage (including express moil and ovemight delivery charges), copying charges and the like will be payable, at cost, to the trustee or agent. EAS fees ure due and payable in addition to annual or ordinary administration fees. Failure to pay for EAS owed to U.S. Bank within 45 days may result in interest being ch11rged on amount owed to U.S . Bank for extraordinary administration services fees and expenses at the prevailing market rate.

The quoted fee does nut include services as l)isclosare/Dlsseminatioh Agentpurs11u11t to Securlrles & Exchtmge comm ission Rule 15cl2-11, us ame11ded. U.S. Bonk will discuss this service wit!,t/,e Obllgor If applicabla p,irs11unt to tire terms of the bond issue.
Account approval is subject to review find qualljicatiun. Fees are subje<:I lo cl11111ge at oltr dlfcretlo11 and apun wrlllen 11111/ce. Fees paid in advance will rwt be prorated. Tlte fees set forth above and any s11b.rcq11ellf mudljicatio11s t/rerl!of are part of your ugrecment Firrali1,atin11 of tfie transact/011 c11nstif111es agreement to the above fee scltt!d11Je, including agreem,ml w uny :mbseque,it ch11nges upon proper wrillen notice. ln tire event your transaction is notft11al/zed, {lllJI refuted out-of-pockn enses will bebilled to lire clienl direr.tty. Abse,ityour wrlttt!n Instructions ta sweep orollterwlse im•est, all sums in your account wlll remain unin.-ested 1md no(lccrued l,iterestor other compt!1rsotlon will be credited to the ucco1mt. Payment of fl!t!.:,
constitutes acceptance of tire terms and condltioll!t St!t f o rth.

IMPORTANT INFORM ATJON ABOUT PROCEDURES FOR OPE JNG A NEW ACCO\INT:

To help the governme,rt fig/rt tf1efi111dl11g of terrorism 01111 money laundering activities, federal luw reqllires all fit1a11clul Jnstlt11tio11s to obta/11, verljj, u11d record information tJ,at identifies eaclr person who ope11S an acco11r1r. For a nonlndividual person such 011 a bltsiness eflli(JI, a cf1arlty, a trust or other leg"/ entity, we ask for docume11tatlon to verify its forml(l/011 and jsre11ce as a legal entity. We may also ask to see jina11cial
..tate111e,1ts, licenses, idenllflcalioi1 fllld a11t h orizntio11 doc1111,e111s from i11dlvld11n l s clnimi,rg authority to repra.rent t/re e11lity or other relevunt documentation.
. Bank Global Corporate Trust

SECTION 8

BOND FINANCING TEAM FUNDING AGREEMENT
BETWEEN OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT AND LENNAR HOMES, LLC

This Agreement is made and entered into this _	day of June, 2020, by and between:

OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in the City of St. Cloud, Osceola County, Florida (hereinafter "District"), and

LENNAR HOMES, LLC, a Florida limited liability company, the primary landowner and developer in the District (the "Developer").

RECITALS

WHEREAS, the Old Hickory Community Development District was established by Ordinance 2020-09 of the City Council of the City of St. Cloud, Florida, for the purpose of financing roadway improvements, utility distribution and collections systems, the master stonnwater management system, lighting, landscaping, signage, parks and other public infrastructure; and

WHEREAS, the District presently expects to access the public bond market to provide for the financing of certain capital improvements, facilities, and services to benefit the lands within the district; and

WHEREAS, the Developer is developing the majority of the lands within fue district which will benefit from such improvements, facilities, and services and desires to assist the District with its financing program; and

WHEREAS, the District and the Developer desire to enter into this agreement to provide funds to enable the District to commence its financing program.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the parties agree as follows:
Provision of Funds. Developer agrees to make available to the District such monies as are necessary to proceed with the issuance of bonds or other indebtedness to fund the District's improvements, facilities and services.

Developer agrees to provide to the District any such monies upon receipt of an invoioe from the District requesting such funds. Such funds, and all future funds provided pursuant to this Agreement, may be supplied by check, cash, wire transfer or other fonn of payment deemed satisfactory in the sole discretion of the District as detennined by the District Manager.
The District agrees to authorize District staff, including the District

l

Engineer, District Manager , and District Counsel to proceed with the work contemplated by this Agreement, and to retain a Bond Counsel and Financial Advisor and other professional assistance as may be necessary to proceed with the work contemplated by thls Agreement.

Developer and the District agree that all fees costs or other expenses incuITed by the District for the services of the District's Engineer, Counsel, Financial Advisor or other professionals, for the work contemplated by this Agreement shall be paid solely from the funds provided by Developer pursuant to this Agreement. Such payments shall be made in accordance with the District's normal invoice and payment procedures. The District agrees that any funds provided by Developer pursuant to this Agreement shall be used solely for fees, costs, and expenses ansmg from or related to the work contemplated by this Agreement.

The District agrees to provide to Developer, on a  monthly  basis,  copies  of all invoices, requisitions, or other bills for which payment  is  to  be  made from the funds provided by Developer. The District agrees to  provide  to Deve lope r, monthly, a statement from the District Manager showing funds on deposit prior to payment, payments made , and funds remaining  on  deposit with the District.

Developer agrees to provide additional funds within fourteen (14) days of receipt of written notification from the District Manager of the need for such funds.

In the event that Developer fails to provide any such funds pursuant to this Agreement, Developer and the District agree the work may be halted untiJ such time as sufficient funds are provided by Developer to ensure payment of the costs, fees or expenses which may be incurred in the performance of such work.

Termination. Developer and District agree that Developer may terminate this Agreement without cause by providing ten (10) days written notice of termination  to the District. Any such termination by  Developer  is contingent  upon Developer's  provision  of sufficient  funds to cover any  and alJ fees, costs or expenses incurred  by  the District in connection  with the work   to be performed under this Agreement as of the date by when notice of termination is received . Developer and the District agree  that the District  may  terminate  this Agreement  due to  a  failure of Developer to provide funds in accordance with Section 1 of this Agreement, by providing ten
days written notice of termination to Developer; provided, however , that the Developer shall be provided a reasonable opportunjty to cure any such failure. Any excess funds shall be returned to the Developer in accordance with section 1 of this Agreement.

2

Default. A default by either party under this Agreement hall 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/or specific performance.

Enforcement of Agreement. In the event that 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, or appellate proceedings.

Agreem ent. This instrument shall constitute the final and complete expression of this Agreement between the parties relating to the subject matter of this Agreement.

Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties hereto.

Authoriza tion. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law and each party has full -power and authority to comply with the terms and provisions of this instrument.

Notices. All notices, requests, consents and other communications hereunder ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties as follows:

Ifto Developer:

If to District:

With a copy to:

Lennar Homes, LLC
6750 Forum Drive3   Suite 310
Orlando Florida 32821 Attn: Brock Nicolas Brock.nicolasftt lennar.com

Old Hickory Community Development District Governmental Management Services -
Central Florida, LLC 219 E. Livingston Street Orlando, FL 32801 Attn: District Manager gflint@gmsc fl.com

Latham Luna, Eden & Beaudine, LLP 111 North Magnolia Ave, Suite 1400
Orlando, Florida 32801 Attn: Jan A. Carpenter, Esq.
·car enter cl lse blaw .com

3

Except as otherwise provided herein, any Notice shall be deemed received only upon actual deHvery at the address set forth herein. 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. Counsel for the parties may deliver Notice on behalf of the parties . 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 herein.

Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accme upon or by reason hereof, to or for the benefit of any third party not a formal party hereto.- Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, represent ations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives successors and assigns.

Assignment. Neither party may assign this Agreement or any monies to become due hereunder without the prior written approval of the other party.
!L	Controlling Law. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida.

Effective Date. The Agreement shall be effective after execution by both parties hereto and shall remain in effect unless tenninated by either of the parties hereto.

Public Records. Developer understands and agrees that all documents of any kind provided to the District or to District Staff in connection with the work contemplated under this Agreement are public records and are treated as such in accordance with Florida law.

Capitalization. The parties agree that all funds provided by Developer pursuant to this Agreement are properly reimbursable from proceeds  of  District  financing  for capital improvements, and that  within  45 days of receipt  of the proceeds  by  the District of  bonds or notes for the District's capital  projects  the District shall  reimburse  Developer  in full, exclusive of interest, for these advances ; provided, however, that in the event bond counsel determines  that any such monies are  not properly  reimbursable,  such funds shall be deemed paid  in lieu of truces   or assessments. In the event that District  bonds  are not issued  within  two (2) years of the date of this agreement, all funds provided by  Developer  pursuant  to  this  Agreement  shall  be  deemed paid in lieu of taxes or assessments.

[Signatures contained on next page.]

4

IN WITNESS WHEREOF, the parties execute this agreement the day and year first written above.

ATTEST:	OLD	IDCKORY	COMMUNITY DEVELOPMENT DISTRICT

By :	­

Print Name: - -  -	-	-	-	-	-
Secretary/Assistant Secretary

WITNESSES:

By: ------------

-- - - - - - - -

Print Name:
Chairm anN ice Chairman, Board of Supervisors

LENNAR HOMES, LLC, a Florida limited liability company

x 	_

By: _ _ _ _ _ _

_ _ _ _ _ _

Print Name : --------

x _ _ _ _ _ _ _ _ _ _ _
Print Name:- -------

Print  Name: ---------
Tilte : -----------

5

SECTION VII

RESOLUTION NO. 2020-15

A RESOLUTION OF THE BOARD OF SUPERVISORS OF OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $22,000,000 AGGREGATE PRINCIPAL AMOUNT OF OLD IIlCKORY COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, IN ONE OR MORE SERIES, TO PAY ALL OR A PORTION OF THE DESIGN, ACQUISITION, CONSTRUCTION COSTS OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO, STORMWATER MANAGEME T AND CONTROL FACILITIES, INCLUDING, BUT NOT LIMITED TO, RELATED EARTHWORK AND ACQUISITION OF LANDS RELATING THERETO; ROADWAY IMPROVEMENTS; WATER AND WASTEWATER SYSTEMS, INCLUDING CONNECTION CHARGES, RECLAIMED WATER SYSTEMS AND FACil,ITIES, LANDSCAPING, HARDSCAPING AND IRRIGATION IN PUBLIC RIGHTS-OF-WAY, ENTRANCE FEATURES; UNDERGROUNDING DIFFERENTIAL COST OF UTILITIES, AND ALL RELATED SOFT AND INCIDENTAL COSTS (COLLECTIVELY, THE "PROJECT"), PURSUANT TO CHAPTER 190, FLORIDA STATUTES, AS AMENDED; APPOINTING U.S. BANK NATIONAL ASSOCIATION TO SERVE AS TRUSTEE; APPROVING THE EXECUTION AND DELIVERY OF A MASTER  TRUST INDENTURE AND A SUPPLEMENT AL TRUST INDENTURE IN SUBSTANTIALLY THE FORMS ATTACHED HERETO; PROVIDING THAT SUCH BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT (EXCEPT AS OTHERWISE PROVIDED HEREIN), THE CITY OF ST. CLOUD, OR OF OSCEOLA COUNTY, FLORIDA, OR OF THE STATE OF FLORIDA OR OF ANY OTHER POLITICAL SUBDMSION THEREOF, BUT SHALL BE PAYABLE SOLELY FROM SPECIAL ASSESSMENTS ASSESSED AND LEVIED ON THE PROPERTY WTTIDN THE DISTRICT BENEFITED BY THE PROJECT AND SUBJECT TO ASSESSMENT; PROVIDING FOR THE JUDICIAL VALIDATION OF SUCH BONDS; AND PROVIDING FOR OTHER RELATED MATIERS.
WHEREAS, Old Hickory Community Development District (the "District"), is a local unit of special-purpose government organized and existing in accordance with the Uniform Community Development District Act of 1 980, Chapter 190, Florida Statutes, as amended (the "Act"), created by Ordinance 2020-09 of the City Council of the City of St. Cloud, enacted on May 14, 2020·
WHEREAS, the District was created for the purpose of delivering certain community development services and facilities within and outside its jurisdi ction, and the District  has decided to undertake the design , acquisition, construction costs of certain public infrastructure improvements to be located in or to benefit of developable lands within the District includ ing, but not limited to, stormwater management and control facilities including, but not limited to,

related earthwork and acquisition of lands relating thereto ; roadway improvements ; water and wastewater systems, including connection charges, reclaimed water systems and facilities, undergrounding differential cost of electric utilities, irrigation, landscaping and hardscaping in public rights-of-way; entrance features; and related soft and incidental costs, pursuant to the Act (collectively, the "Project"), all as set forth in Schedule "I" hereto ;
WHEREAS, the District desires to authorize the issuance of not to exceed $22,000,000 aggregate principal amount of its Old Hickory Community Development District Special Assessment Bonds, in one or more series (collectively, the "Bonds"), in order to pay all or a portion of the design, acquisition and construction costs of the Project;
WHEREAS, the District desires to provide the terms and conditions under which the District wiIJ acquire and cause to be constructed the public infrastructure improvements on District lands and certain adjacent lands the improvement of which will specially benefit certain District lands known as Old Hickory;
WHEREAS, authority is conferred upon the District by the Constitution and laws of the State of Florida, specifically including, but not limited to, Sections l 90.011(9), 190.01 l (14) , 190.014 190.01 6(1 ), 190. 016( 2), 190.016(5), 190.016(8) 190.016(11), 190.016(13) 190.022
and 190.023 of the Act, to issue the Bonds; and

WHEREAS, the District desires to authorize and approve various instruments to be executed and delivered in connection with the Bonds and to provide for the judicial validation of the Bonds pursuant to Section 190.016(12), Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED by Old Hickory Community Development District, as follows:
Section I.     Authorization  of Bonds.  The  District  hereby  authorizes  the  issuance  of not to exceed $22 ,000,000 aggregate principal amount of the Bonds in one or more series to (i) finance all or a portion of the costs of the Project; (ii) fund debt service reserve accounts for each series of bonds so issued; and (iii) pay the costs of issuing the  Bonds.  Pursuant  to  Section 190.016(1) of the Act, the Bonds  may  be issued  and  delivered  by  the Districtm payment of  all  or a portion of the purchase price of the Project or may be sold at public or private sale .
Section 2. Certain Details of the Bonds.  The Bonds and the interest thereon, shaJJ not be deemed to constitute a debt, liability or obligation of the District (except as provided herein), the City of St. Cloud, Florida (the "City"), Osceola County, Florida (the " County") , or of the State of Florida (the " State"), or of any other political subdivision thereof , but shall be payabl e solely from the Special Assessments (as defined in the form of Indenture hereinafter referred to) levied by the District on property within the District benefited by the Project and subject to assessment, as set forth in the Indenture, and neither the faith and credit nor any taxing power of the District the City, the County or the State, or of any other political subdivision thereof, is pledged to the payment of the principal of or interest on the Bonds, except for Special Assessments to be assessed and levied by the District to secure and pay the Bonds.

2

The Bonds shall:

be issued in one or more series and may be delivered in payment of the purchase price of the Project or sold at public or private sale, as provided in Section 190.016(1), Florida Statutes, each series in an aggregate principal amount to be determined by subsequent resolution or resolutions of the District; provided, however that the total aggregate principal amount of the Bonds issued may not exceed $22,000 000 unless this Resolution is amended prior to the validation of the Bonds authorized herein;
be issued in fully registered form in a minimum principal denomination of
$5,000 and any integral multiple of $5,000 in excess thereof, except as otherwise provided in the herein defined Indenture;

bear interest at an average annual rate not exceeding the maximum rate as may then be permitted by the laws of the State as more particularly provided in one or more resolutions adopted by the District prior to the issuance and delivery of the Bonds of any series;

the Bonds of each series shall be payable in not more than 30 annual installments of principal· and
be dated as provided in a resolution adopted by the District prior to the issuance and delivery thereof.
The final maturity date or dates of the Bonds and the interest rate or rates thereon shall be determined, within the foregoing limits, and any optional, mandatory and extraordinary redemption provisions thereof shall be fixed, by the Indenture hereinafter referred to or by one or more resolutions of the District to be adopted prior to the delivery of the Bonds of any series. In other respects, the Bonds shall be in the form, shall be executed and authenticated, shall be subject to replacement and shall be delivered as provided in the Indenture hereinafter referred to, the form of which is set out as composite Exhibit "A" attached hereto.

Prior to the issuance and delivery of the Bonds, the District shall have undertaken and, to the extent then required under applicable law completed all necessary proceedings, including, without limitation, the approval of assessment rolls, the holding of public hearings and the adoption of resolutions in order to levy and collect Special Assessments upon the lands within the District subject to assessment, all as more specifically required and provided for by the Act and Chapters 170, 190 and 197 Florida Statutes, as the same may be amended from time to time, or any successor statutes thereto.
Section 3. Designation of Attesting Members. Each Assistant  Secretary  of  the Board of Supervisors (the "Board") of the District (each individually a "Designated Member") and the Secretary or any other appointed Assistant Secretary, are hereby designated and authorized on behalf of the Board to attest to the seal of the Board and to the signature of the Chairperson or Vice Chairperson of the Board as they appear on the Bonds, the Indenture and any other docwnents which may be necessary or helpful in connection with the issuance and delivery of the Bonds and in connection with the application of the proceeds thereof.

3

Section 4. Authorization  of Execution and Dclive  of Master Trust Indenture and Supplemental Trust Indenture. The District does hereby authorize and approve the execution by the Chairperson or Vice Chairperson and any Designated Member and the delivery of a Master Trust Indenture and a Supplemental Trust Indenture (collectively, the "Indenture") for the Bonds, each between the District and the Trustee named in Section 6 of this Resolution. The Indenture shall provide for the security of the Bonds and express the contract between the District and the owners of such Bonds. The Indenture shall be in substantially the forms thereof attached hereto and marked composite Exhibit "A" and hereby approved, with such changes therein as are necessary or desirable to reflect the terms of the sale of the Bonds as shall be approved by the Chairperson (or in his or her absence, the Vice Chairperson) executing the same with such execution to constitute conclusive evidence of such officer's approva1 and the District's approval of any changes therein from the form of Indenture attached hereto.

Section 5. Sale of Bonds.  Pursuant  to  the provisions of  Section 190.016(1) of the  Act, the Bonds may be delivered in payment of all or a portion of the purchase price of the Project or may be sold at public or private sale after such advertisement , if any , as the Board may deem advisable but not in any event at less than 90 percent of the par value thereof, together with accrued interest thereon, in conformance with the provisions of the Act.
Section 6, Appointment of Trustee. The District hereby appoints U.S. Bank National Association to act as trustee under the Indenture (the " Trusteen  ).   The  Trustee shall also serve as the Paying Agent and Registrar under the Indenture.
Section 7. Bond Validation. District Counsel and Bond Counsel to the District are hereby authorized and directed to take appropriate proceedings in the Circuit Court of the Ninth Judicial Circuit of Florida, in and for Osceola County, Florida, for validation and the proceedings incident thereto for the Bonds to the extent required by and in accordance with Section 190.016(12),Florida Statutes. The Chairperson, Vice Chairperson or any Designated Member is authorized to sign any pleadings and to offer testimony in any such proceedings for and on  behalf of the District. The other members of the Board the officers of the District and the agents and employees of the District, including, without limitation, the District Manager  the engineer or engineering firm serving as engineer to the District and the District' s underwriter are hereby also authorized to offer testimony for and on behalf of the District in connection with any such validation proceedings.

Section 8. Further Official Action; Ratification of Prior and Subsequent Acts. The Chairperson, the Vice Chairperson, the Secretary and each Designated Member and any other proper official of the District are each hereby authorized and directed to  execute and deliver any and all documents and instruments (including, without limitation, any documents required by the Trustee to evidence its rights and obligations with respect to the Bonds, any documents required in connection with implementation of a book-entry system of registration, any funding agreements, acquisition agreements, true-up agreements and/or completion agreements with the Developer (as such term is defined in the Indenture) and investment agreements relating to the investment of the proceeds of the Bonds and any agreements in connection with maintaining the exclusion of interest on the Ilonds from gross income of the holders thereof) and to do and cause to be done any and all acts and things necessary or desirable for carrying out the transactions contemplated by this Resolution . In the event that the

4

Chairperson or the Secretary is unable to execute and deliver the documents herein contemplated, such documents shall be executed and delivered by the respective designee of such officer or official or any other duly authorized officer or official of the District. The Secretary or any Designated Member is hereby authorized and directed to apply and attest the official seal of the Disn·ict to any agreement or instrument authorized or approved herein that requires such a seal and attestation. All of the acts and doings of such members of the Board, the officers of the District, and the agents and employees of the District, which are in conformity with the intent and purposes of this resolution, whether heretofore or hereafter taken or done shall be and are hereby ratified, confirmed and approved.
Section 9. Bond Anticipation Notes. The District may, if it determines it to be in its best financial interest, issue Bond Anticipation Notes ("BANs") in order to temporarily finance the costs of all or a portion of the Project. The District shall by proper proceedings authorize the issuance and establish the details of such BANs pursuant to the provisions of Section 19 0.014, Florida Statutes, as amended other applicable provisions of laws.

Section 10. Subsequent Resolution(s) Required. Notwithstanding anything to the contrary contained herein no series of Bonds may be issued or delivered until the District adopts a subsequent resolution and/or supplemental indenture for each such series of Bonds, fixing the details of such series of Bonds remaining to be specified or delegating to the Chairperson, the Vice Chairperson or a Designated Member the authority to fix such details.

Severabilih•.

Section 11.	If any section paragraph, clause or prov1s1on of this
resolution shall be held to be invalid or ineffective for any reason, the remainder of this resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision.

Section 12. Effective Date. This resolution shall take effect immedjately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded.

5

PASSED in Public Session of the Board of Supervisors of Old Hickory Community Development Dis trict, this 1st day of June, 2020.

OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

By:	 	
ame: George Flint
Title:	Secretarv. Board of Supervisors

By:		 Name:

------------

Title:	Chairperson, Board of Supervisors

6

SCHEDULE I DESCRIPTION OF THE PROJECT
The Project includes, but is not limited to. the following improvements:
Stormwater management and control facilities, inc luding, but not limited to, related earthwork and acquisition of lands relating thereto;
Water and wastewater systems, including connection charges ; Reclaimed water systems and facilities;
Roadway improvements;
Undergrounding differential cost of electric utilities·
Irrigation, landscaping and hardscaping in public right$-of-way; Entrance feature; and
Related soft and incidental costs.

EXHIBIT A
FORM OF MASTER TRUST INDENTURE
AND
UPPLEME TAL TRUST INDENTURE

50540032v3/192721.010100

A-I

SECTIO	B

SECTION 1

_•,  \ . ..'I ..._.
:, ,H	A M I LT O N
ENGINEERING   &   SU R VE Y I N G .   I N C.

Old	Hickory
Community Development District

Engineer's Report
June 1, 2020

Prepared For:
The Board of Supervisors
Old Hickory Community Development District City of St. Cloud, Osceola County, Florida

TAMPA OffiCE
:k09 W. Lemon Street Tampa. FL -1"33
p. 813.250.3535
f. 813.250.3636
----°Rl.ANOO OFACE ---==--=-
775 Womer Lane Orlando . Fl 32803 p. -107.362.5929

WWW.HAMILTONENGINEERING.US

Table of Contents
Section	Page
1.0	Introduction	1
2.0	Purpose	1
3.0	Land Use andZoning	1
4.0	Exlsllng Conditions	1
Infrastructure Improvements	1
Sitework andDrainage	1
Roadway Improvements	2
Stormwater Management	2
Utilities	2
Amenities	3
Landscaping andHardscape	3
6.0	Estimate of Probable Construction Costs	3
7.0	Ownership and Maintenance Authority	4
8.0	Status of Pennits and Approvals	4
9.0	Conclusion andEngineer's Opinion	4

Tables
Table 1
Table 2
Table 3

Exhibits

Exhibit 1
Exhlbit2

Development Program	2
Estimate of Total Probable Cost - Engineers'  Opinion 	3
District Project Maintenance and Ownership	4
Vicinity Map District Boundaries

Exhibits 2a-2b Legal Descriptions

Exhibit 3
Exhibit 4
Exhibit 5

Future land UseMap Existing Utilities
Approved PUD Master Development Plan

Hamilton Engineering and Surveying, Inc.
OldHickory CCD Master Engineer's Report	May 2020	Pagel

Old Hickory Community Development District
Engineer's Report
1.0 Introduction
Old Hickory (the "Developmenr) Is a 175.395 acres single-family residential development located within the City of St. Cloud, Florida. It Is located on the eastern edge of the City of St. Cloud, on the north and south sides of Nolte Road, approximately 0.5-miles west of Old Hickory Tree Road In Sections 13 and 24, Township 26 South, Range 30 East. The Development Is accessed directly from Nolte Road.

The Development is being developed by Lennar Homes, LLC (the •Master Developer") and Is approved for 451 single-family detached residential units. Table 1 on the following page Identifies the overall development program for the project as defined below.

The Old Hickory Community Development District (the "District") has been established for the purposes of financing the acquisition and/or construction of certain public infrastructure necessary for funding and to support lhe orderly development of the District (see Exhibit 1).

2.0 Purpose
The purpose of this report is to generally describe the public infrastructure Improvements that may be funded by the District in one or more series of bonds/notes and provide an estimate of the engineer's opinion of probable costs for those improvements. Such improvements are necessary for the Development (herein the aProject").

The total acreage contemplated for the District Is
175.395 acres, and the boundaries are coterminous with the boundaries of the Developmen.t

3.0 Land Use and Zoning
The existing zoning of the property is Planned Unit Development (PUD) and the Land Use is Medium Density Residential (MOR). This type of zoning and land use does not permit short-term rental uses.

The overall Development will Include a mix of 50-ft and 60-ft wide lots for permanent residents only. A recreational amenity Is anticipated to be constructed by the Master D-e- veloper to serve the Development.

Such recreational amenity will be available for use only by residents of the Development and Is not part of the Project.

4.0 Existing Conditions
The D velopment Is located on former pasture lands with a portion of the site lying within the 100-yr flood plain In Zone AE. Th engineering design requires the developed area of the site to be filled to remove It from the flood plain. FIii for the Project will be obtained from on-site stormwater detention ponds. No C05ts of transporting the fill or use to or for the private lots will be funded by the District. Other areas of the site will be excavated to provide compensating storag to balance the fill placed within the flood prone areas (see Exhibit 4 Aerial Map).
There are approximately 22.53 acres of preserved wetlands (see Table 1).

Infrastructure Improvements
The District intends to finance and/or acquire the Project which will consist of certain public Infrastructure Improvements that wm benefit the Development. Some of the infrastructure financed by the District will be transferred to other local governments or public entities for ownership, operation and maintenance as applicable pursuant to 1he service provided. Except for Improvements that will be ultimately owned by other units of local governments, all Improvements financed with the Bonds will be on land initially owned by the District or on lands subject to a permanent easement In favor of the District.

This section of the report details the Infrastructure improvements that may be financed and/or acquired by the District.

Site Work and Drainage
The Project sltework, grading and drainage improvements include grading necessary for constructing the secondary drainage conveyance systems consisting of curbs, gutters, Inlets and culverts to convey the stormwater runoff to the proposed stormwater detention ponds. Only the grading and stabilization necessary to provide positive drainage for these conveyance systems within the roadway rights of way will be funded by the District Individual lot filling, grading and retaining walls will be funded by the Master Developer or by other private funding sources.

l:lnmilton BngincL-ring AAd urv, ying, fo e.
Old HlckOfY COD MIISter Eng looer'6 Report	MayW20	Pag,e

Table 1 - Development Program	

Phe..	
DNCrlptlon	
Land
u..	Dev.Ana
(acres)	Ruldentlal Single FamRy	
Total Units	
				50-ft	tl().ft		
1	Resldenti■.	I	MOR		49	19	&8	
2-4	Resldent111	MOR		224	1!59	383	
Sub-Totals	Residential	105.06	273	171	451	
	Stormwater Ponds	36.31				
	Open Space, Recntallon, BuffefS	8 .685				
	Wetland Conservalloo and Buffers	25 .34				
Total		175.395				
MOR " Medium Density Residential	

Roadway Improvements
The Project's main public roadway access will connect to Nolte Road on the north. There are cross­ connections with adjacent developments along the eastern and southwestern property lines. Roadway improvements consist of the construction of 2-lane local roadways within the Development. All Internal Project roadways are planned to be public roads and will be constructed to City of St. Cloud standards and specifications.
The structural portion of the public roadways including the pavement base and asphalt, signing and striping, sidewalks, and landscaping will be funded by the District.
Roadway Improvements funded by the District may consist of pavement asphalt, base, sub-base stabilization, signing and striping, sidewalks, landscaping, and the secondary drainage system Including curb and gutters, Inlets and culverts.

Stormwater Management
The primary stormwater management system Includes the acquisition and/or construction of the stormwater management ponds, culverts, control structures, and outfall swales. The stormwater management ponds within the Project include seven
(7) wet detention ponds. Stormwater runoff will be routed to the detention ponds for water quality treatment and peak storm attenuation. Discharge of stormwater from the wet detention ponds will be through permitted  control structures  and  spreader
swales.

Utllltles
The Project is within the St. Cloud Utilities service area ("StCU") and the utilities will be designed to StCU standards. Upon clearance for use and acceptance by StCU, the District intends to convey
these utilities to StCU for ownership, operation and
maintenance.
The water main system Includes mains, laterals, fittings, valves, and fire hydrants connecting to the existing StCU water main along Nolte Road.
The reclaimed water main system Includes reclaimed water mains, laterals, fittings, valves, and service tees for Irrigation of the landscaping along the roads. The reuse system will connect to an offsite 24-lnch reuse main and stub out to a future connection on Nolte Road. Individual lot services are not funded by the District.
The sanitary sewer system includes gravity sanitary sewer mains and manholes, as well as one (1} lift station and the force main necessary to connect to the existing StCU off-site force main system along Nolte Road (see Exhibit 5).
The Project is also within the service areas of Or1ando Utilities Commission (OUC), and Centurylink. These utility providers will provide electric power, telephone, and cable services to the District within the District roadway corridors and will be operated and maintained by such utility providers. Only the differential cost between overhead and underground construction of electric utilities may be financed by the District. Phone and cable utillty costs will be funded by the Master Developer or by other private

funding_s  urces..:._ _   _	_   _

HamlltQO Engineering and Sutveying, Inc .
Old Hickory CCC MaSler EnglneB<'s Report	May 2020	Page 2

Amenity
Phase 2 of the Project is anticipated to Include a recreational amenity. This amenity is anticipated to be private and funded by the Master Developer or other private funding sources. No District funds will be used to fund the amenity.
Landscaping and Hardscape
Landscaping Includes landscaping within the Project's entry drive rights-of-way and perimeter buffers.
Entry features to the District consisting of landscaplng and hardscape will be constructed within the public access roadway and landscape parcels.

Estimate of Probable Construction Cost
Table 2 below summarizes the engineer's opinion of the estimate of total probable construction costs for

the District financed components of the Project. These estimates are based on the . engineer's understanding of the proposed development program and District activities, and recent experience with construction costs in the vicinity. Future events may occur (including existing conditions, construction means, methods, and materials; changes In regulatory criteria; market demands; development program changes; etc.) which could alter these estimates significantly.

The total estimated opinion of probable construction cost for the Project Phases Mass Grade, 1 and 2 Improvements Is $12,402,000. The total estimated cost for the Project Phases 3 and 4 is $4,405,000. The total estimated opinion of probable construction costs for the Project Is $16,807,000. These costs are categorized In Table 2 below.

Table 2 Estimate of Total Probable Costs	

Hem	
Description	Mass Grade, Phase■ 1 and 2
2019-2020	Phases 3 and4 2020-2021	Total Estimated Budget	
1	Earthwork, Survey, Stormwater Ponds & Erosion Control	$2,947,246	$213,174	$3,160,420	
2	Roads1	$2,138,243	$821,545	$2,959,788	
3	Stonn Drainage	$1,471,137	$735,226	$2,206,363	
4	Potable Water	$824,414	$453,576	s1,2n,990	
5	Sanitary Sewer	$1,601,202	$527,703	$2,128,905	
6	Reclaimed Water	$0	$0	$0	
7	Landscaping, Irrigation, Sod for Ponds & Swales	$287,321	$137,992	$425,313	
8	Hardscape Features	$75,000	$0	$75,000	
9	Offsite Roadway and Utility Improvements	$0	$0	$0	
10	Prof Fees - Testing & lnspectlon2	$532,314	$179,052	$711,366	
11	Water and Sewer Utility Impact Fees (80% balance)3	$1,397,784	$937,033	$2,334,817	
	Su Total	$11,274,661	$4,005,301	$15,279,962	
	Contingency	$1,127,339	$399,699	$1,527,038	
	Total	$12,402,000	$4,405,000	$16,807,000	
Roadway Improvements wlH be open lo the piMic end wffl be bUllt In public nghts-<l!-way.
Only feell ""8ting to the Dla1ricl'a Project are Included.
Fees paid upfn:mt to the City af St. Cloud by lhe Master Developer on behalf of the District.

tiamilton Engineering and Surveying, In •
Old Hickory COD Master Englne81"s Report	May 2020	Page

7.0 Ownership and Maintenance Authority

Table 3 below lists the Project Infrastructure and the future ownership and maintenance authority.

Table 3 - District Project Maintenance and Ownership	
Item
No,	lnfraatructure	Flnanc.d By	Maintenance	ownership	
1	Public Roads	District	St. Cloud	St Cloud	
2	Stormwater Ponds	District	District	District	
3	Street Drainage System	District	District	District	
4	Utilities - Water and Sanitary Sewer	District	STCU	STCU	
5	Landscape, Irrigation and entry features In Public Rights of Way	District	District	District	

8.0	Status of Permits and Approvals
Final construction plans of the Project have been permitted by The City of St. Cloud, STCU, the Florida Department of Environmental Protection, and the South Florida Water Management District. All permits/approvals necessary for construction have been obtained or are expected to be obtained in the ordinary course of development. All permits for operation and maintenance will be obtained and transferred to the District or other public agencies.

9.0 Conclusion and Engineer's Opinion
It is our opinion that the costs to complete the Project Infrastructure improvements as described In this report are reasonable and that these infrastructure improvements will benefit and add value to the lands within the District in excess of the costs of such Improvements, and these infrastructure costs are for public improvements or community facilities as set forth in Section 190.012(1) and (2) of the Florida Statutes.

The estimate of probable cost of the listed Improvements is only an estimate and not a guaranteed maximum price and ls only for those District funded portions of the Project. It is not

intended as an estimate of the total cost to construct all private and public lmprovements for the Development. The estimated cost Is based on contract prices and current construction costs for similar public work in the City of St. Cloud and Osceola   County   as   may    be   applied   to   this
development. Due to material cost fluctuations and
differences In contractor bids at the time the Project may be constructed, the final cost may be more or less than this estimate. Changes In the scope of work or final construction plans may also result in changes to the estimated construction cost. All infrastructure purchased by the District will be the lower of actual cost or fair market value.

As long as the development remains consistent with the approved construction plans, It is my opinion that the proposed infrastructure improvements can be completed within the estimate of probable cost for those portions of the Project.

David A. Reid, PE

Florida PE License #38794

Hamilton Engineering & Surveying, Inc.
Eng. Business Certificate of Authorization No. 8474

Hamilton Bnglnccdng and Swvcying, lnc.
Old Hickory COO Master Eng ineer's  Report	May2020	Page 4

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OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

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OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

LEGAL DESCRIPTION

DESCRIPTION: (As per Title Commitment Issuing Office File Number 111657-000055 and Order Number 7541377 Issued by Chicago Title Insurance Company bearing an effective date of March 12, 2019 at 11:00 PM)

Parcel I:
Lots 49, 50, 63, 64, 65, 80, Bl, 82, 95, 96, 97, 98, 111, 112, 113, 114, 127 & 128, THE SEMINOLE LANO and INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION 13, TOWNSHIP 26 SOUTH, RANGE
30 EAST, according to the plat thereof of as recorded in Plat Book "B", Page 4, Public Records of Osceola County, Florida.
Less that portion conveyed to the City of St, Cloud by Warranty Deed recorded in Official Records Book
3751, Page 2231, Public Records of Osceola County, Florida, described as tonows:
A portion of Lots 63 and 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, as recorded in Plat Book 8, Page 4, Public Records of Osceola County, Florida, being more particularly described as follows: Commence at the East 1/4 comer of Section 13, Township 26 South, Range 30 East, Osceola County, Florida, said point being a 6"X6" concrete monument (no Identification); thence North 89.49'48" West along the North line of the Southeast 1/4 of said Section 13, a distance of 20.00 feet; thence departing said North line, North 00°01'16" East, a distance of 17.50 feet to the Southeast corner of Lot 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, as recorded In Plat Book B, Page 4, Public Records of Osceola County, Florida, said point also being at the intersection of the North right of way line of a 35 foot platted right of way per said plat and the West right of way line of a 40 foot platted right of way per said plat and the POINT OF BEGINNING; thence North g9•49'48" West along the South line of said Lot 64 and Lot 63 of said plat and along said North right of way line, a distance of 1285.10 feet to the Southwest corner of said Lot 63, said point being at the intersection of said North right of way line and the East right of way line of a 35 foot platted right of way per said plat; thence North 00•01'OS" West along said East right of way line and along the West line of said Lot 63, a distance 40.56 feet; thence departing said East right of way line and said West line, South 89°51'49" East, a distance of 1285.13 feet to a point on the East line of said Lot 64 and said West right of way line; thence South 00•01'16 11 West along said East line and said West right of way line, a distance of 41,31 feet to the POINT OF BEGINNING.

Parcel 1 containing 17.557 acres more or less.

Parcel 2:
Lots 1, 2, 15, 16, 17, 18,31,32,33,34,35,36,45,46,4,748,Sl,52,61, & 62, THE SEMINOLE LAND and INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION 24, TOWNSHIP 26 SOUTH, RANGE 30

,

EAST, according to the plat thereof of as recorded In Plat Book 11B11 Page 11, Public Records of Osceola County, Florida.
Less that portion conveyed to The School Board of Osceola County, Florida by Special Warranty Deed
recorded In Official Records Book 3795, Page 1751, Public Records of Osceola County, Florida, described as follows:
A parcel of land being a portion of Lots 32, 33, 34, 47, and 48, of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, as recorded in Plat Book B, Page 11, Public Records of Osceola County, Florida, being more particularly described as follows:

Exhibit 2a

Commence at the Southeast corner of the Northeast Quarter of said Section 24; thence run NOO•l7'36"E along the east line of said Northeast Quarter a distance of 658,88 feet; thence departln1 said E.ast line run N89.54'13"W a distance of 20.00 feet to the Southeast corner of the aforementioned Lot 48 and the Point of Beginning; thence N89.54'13"W, along the South line of said Lot 48 and the South line of Lot 47 of said subdivision, a distance of 1033.34 feet; thence departing said South line run Noo•os'47"E, a distance of 476.45 feet; thence N89"44'02"W, a distance of 206.63 feet to a point on a curve concave Northwesterly, having a central angle of 56°03'43" and a radius of 125.00 feet; thence from a tangent bearing of S89"44'02"E, run Northeasterly, along the arc of said curve, a distance of 122,31feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 49•49•54" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 32.18 feet to the point of reverse curvature of a curve concave Northwesterly, having a central angle of 56.50'05" and a radius of 100,00 feet; thence run Northeasterly, along the arc of said curve, a distance of 99.20 feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 63"05'32" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 40.74 feet to the point of tangency; thence S89"42'24"E, a distance of 561.02 feet to the point of curvature of a curve concave Northwesterly, having a central angle of 23"52'44" and a radius of 400.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 166.71 feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 23•52'44" and a radius of 400.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 166.71feet to the point of tangency; thence S89°42'24"E, a distance of 115.12 feet to a point on the East line of Lot 32 of the aforesaid plat of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South,
Range 30 East; thence S00°17'36"W, along said East line and along the East line of Lots 33 and 48 of said plat of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, a distance of 687.08 feet to the Point of Beginning.

Parcel 3:
Lots 66 and 79, THE SEMINOLE LAND & INVESTMENT CO.'S (INCORPORATED} SUBDIVISION OF SECTION
1 3 TOWNSHIP 26 SOUTH, RANGE 30 EAST, according to the plat thereof of as recorded in Plat Book 11B11
1	,
Page 4, Public Records of Osceola County, Florida.
Together with all of seller's right, title and Interest, if any, in and to any vacated platted rights of way adjacent to any of the above referenced Lots.

Parcels 2 and 3 together containing 157.838 acres more or less.

Parcel 4: (Easement)
TOGETHER WITH: Nonexclusive, Temporary Construction Easement for the benefit of Parcels 1, 2 and 3, as set forth in that certain Temporary Construction Easement Agreement by and between The School Board Of Osceola County, Florida, a Florida political subdivision, and Strategic Capital Resources, Inc., a Florida corporation, recorded February 6, 2009 in Offlclal Records Book 3795, Page 1757, over, under and across the lands described therein.

Altogether containing 175.395 acres more or less.

Exhibit 2b

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MEDIUM DENSITY RESIDENTIAL (MOR)

OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

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OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT
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V	LOT COUNT
PHASE 1	68 UNITS
PHASE 2	202 UNITS
PHASE 3	136 UNITS "P-;H..;;A."""S"'"E"' 4	 4_5.;._U.;.""N""'-I-T-S TOTAL	451 UNITS
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APPR'OVED P.U:rr:-MASTER PLAN

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ENGINEERING    &    SURVEYING     INC
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TAMPA, FL Jsaot	ORI.ANDO, f l 3211113
 	TE1. .3    2$0-U3.5	LI  SJ DU       CA-.C 74	TEL	3&2.921	

OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT
5

SECTION 2	·

MASTER
ASSESSMENT METHODOLOG){

FOR

OLDHl91<:0JO:' COMMUNITY DEVELO £NT orst.R)cr

Dale: JJ.tne1,

Governm erltal lMan agement Services - Central Florida, LLC 219 E. Livingston Street
Orlando, FL 32801

Table of Contents
Introduction	3
Purpose	3
1.2 Background ............................... .................................... -<	3
Special Benefits and General Benefits .................._... • • • • •     •	4
Requirements of a Valid Assessment Methodolo	5
Special  Benefits  Exceed  the Costs  Allocated ... ····r······ •.	5
2.0 Assessment Methodology ............................. ..... ........................ ···-··""	" 5
2.1 Overview .............................. ......···········'····-, ·······················..·······	5
2.2 Allocation of Debt	6
2.3 Allocation of Benefit ................................ .... .............t.	6
Lienability Test: Special and Peculiar Benefi.t	the'Pr9Perty	_-,
Lienability Test: Reasonable.and Fair ApportrQ{:nn e r)t'of the Duty to Pay Non-Ad Valorem Assessments	7
3.0 True-Up Mechanism.	8
4.0 Assessment Roll....	..	...........................   ''"'	.,.	8
5.0 Appendix ...... • ••••,...,............   •••  .•••••••••••  ••••,..•••••..,.•••••••••••••••••••••••••••••••••••••••••••••••••• 9
Table 1: Develo.prhent Progrern ...................\	9
Table 2: lnfrastructu ,e Cost.Estimates........,	10
Table 3: Bond Sizing,....   .....	....... ......... ... .·····················	11
Tab e-1f: Afiocatton ofBenefit	12
T.a'b,l    §-: A11oeajion of BeAefil:IJ'otal Par Debr'to Each Product Type	13
TaJ:>le 6: Par Deb, t arrc;j Anna ! Assessments 	14
aole 7: Preliminar,y, Assessment Roll	15
GMS-(SF, OCC does o represent the Old Hickory Community Development District as a Ml\W ·p,a1 Advisor or Securities Broker nor is GMS-CF, LLC registered to provide such erv·ces as described in Section 15B of the Securities and Exchange Act of 1934, as amended. Similarly, GMS-CF, LLC does not provide the Old Hickory Community Development District with financial advisory services or offer investment advice in any form.

2

Introduction

The Old Hickory Community Development District is a local unit of special-purpose government organized and existing under Chapter 190, Florida Statutes (the "District"), as amended. The District plans to issue up to $21,740,000 of tax exempt bonds in one or more series (the "Bonds") for the purpo e of financing certain infrastrudur;!! improvements within the District, more specifically described in the Master Engine.h's eport dated June 1, 2020 prepared by Hamilton Engineering & Surveying, Inc. as maf be amended and supplemented
from time to time (the "Engineer's Report"). The District n · :N	the construction of public
infrastructure improvements consisting of improvem at ben · t pi;operty owners within the District.
Purpose	                          

This Master Assessment Methodology Re or an assessment methodolog)' for allocating
benefiting properties hin District. Tiris M skn 1
properties based on the s
impravement plan ("CIP'')

ssessment Report is designed
to c·G:-..!:.e  -t:	; Florida Statutes with respect
to slfeciat assessme:qts and is co te t with our understanding of case law on this subject.

The District tend	im	n	ad	remspecial assessments on the benefited

.la ds within the District based on  s) \ ssessment Rep or t.  It is anticipated  that all of the pr8£>0SeQ spe a sessments will be collected through the Uniform Method of Collection de ribed i.I\Cfia£ter 197.3632, Florida Statutes or any other legal means of collection a ilable to the. DP,trict. It is not the intent of this Assessment Report to address  any  61,:h assessments,  if  applicable,  that  may  be levied  by the  District, a
0meowner's	· ation, or any other unit of government.

Ba grou

The District currently includes approximately 175.4 acres witlun the City of St. Ooud, Osceola County, Florida. The development program currently envisions approximately 451 residential units (herein the "Develop ment"). The proposed Development program is depicted in Table 1. It is recognized that such land use plan may change, and this Assessment Report will be modified accordingly.

3

The public improvements contemplated by the District in the CIP will provide facilities that benefit certain property within the District. The OP is delineated in the Engineer's Report. Specifically, the District will construct and/or acquire certain earthwork, storm.water ponds & erosion control, roads, storm dramage, potable water, sanitary water, reclaimed water, landscaping, irrigation, sod for ponds & swales, hardscape features, offsite roadway and utility improvements, professional fees - testing & inspection, water and sewer utility impact fees, and contingency. The acquisition and construction costs are summarized in Ta

The assessment methodology is a four-step process.

The District Engineer must fir ..sieterminli ili public infrastructure improvements that may pr vided by the · s ict and the costs to implement the CIP.
The District Engineet de rmines the assessable acr , benefit from the District's CIP.
A calculation is made to 'teimine ejnnding amounts  ssary  to acquire or construct CTP.

This	ount  ·	initially  div	benefited
ed  gross  a	;1:1.)l.•l!:>b  asis.  Ultimately,  as  land  is
be  assi to  each  of  the benefited
g£ platte ts.
Speciat 13 ne ·	a  d Gener	en fits
Impro	ts und ken by the 'Qi ict create special and peculiar benefits to assessabl'  , er    , diffE!l'     ,in kind apd    egree than genera I benefits, for properties Within it's borflers <JS Well as eneraJ behe.fits to the public at large.

      Howev-er,	clisc    ed  within this Assessment Report, these general benefits are incidental·	nature	d are readily distinguishable from the special and peculiar
benefits, w cfi accrue t the assessable property within the District. The implementati of the CIP enables properties within its boundaries to be developed. W,ithout the Distritt's CIP, there would be no infrastructure to support development ci lahd within,thejDistrict. Without these improvements, development of the property wi n eJ?)1strjct would be prohibited by law.

There is no doubt that the general public and property owners outside the District will benefit from the provision of the District's CIP. However, these benefits will be incidental to the District's OP, which is designed solely to meet the needs of property within the District. Properties outside the District boundaries do not depend upon the District's OP. The property owners within the District are therefore receiving special benefits not received by those outside the District's boundaries.

4

Requirements of a Valid Assessment Methodology

There are two requirements under Florida law for a valid special assessment:

The properties must receive a specia1 benefit from the improvements being
paid for.
TI1e assessments must be fairly and reason my ocated tothe properties
being assessed.

Florida law provides for a wide application 9f two characteristics of specia1 assessments.

1al ass	nts that meet these

Special Benefits Exceed the Co s Allocated

The special benefits provided to the pro		o   s within the District    greater than the costs associatep with providing se "\renefits. The District Engineer estimates that the Dis ct's CR'that is neces to support  full  development  of property will cost appro       t	07,000. The · · t's Underwriter projects that financing costs required  to      d th ·		ucture :impr ements, including project costs, the cost of issuance e Bond ,  the funding of  bt  service reserves and capitalize ·	will be ap    o·  mate!{$ ,     ,       dditionally, funding required to conwfet  the		hich ls n    fftiallce;'with Bon     will be funded by Developer.
Wit¥>ut the OP,  tl"2 property w	Id not   be able to be developed  and  occupied by
future  esMents of	mm uni ty.

2.0	Assessment Meth

The District planning to· ue up to $21,740,000 in Bonds to fund all or a  portion of the District's (llP, provide for capitalized interest, a debt service reserve account and cost of issuance. Itlis the purpose of this Assessment Report to allocate the $21,740,000
d	t to the,t,roperties benefiting from the OP.

Table 1 ·denJilies the proposed land uses as identified by the Developer. The District has relied on the Engineer's Report to develop the costs of the CIP needed to support the Development, these construction costs are outlined in Table 2. The jmprovements needed to support the Development are described in detail in the Engineer's Report and are estimated to cost $16,807,00.0 Based on the estimated costs, the size of the bond issue under current market conditions needed to generate funds to pay for the OP and related costs was determined by the District's Underwriter to total approximately $21,740,000. Table 3 shows the breakdown of the bond sizing.

5

2.2	Allocation of Debt

Allocation of debt is a continuous process until the development plan is completed. The CIP funded by District Bonds benefits all developable acres within the District.

The initial assessments will be levied on an equal basis to all acres within the District. A fair and reasonable methodology allocates the delft:· urred by the District proportionately to the properties receiving the special-be · ts . At this point all of the lands within the District are benefiting from the improve ents.

Once platting or the recording of deolaratfon of c minium,  ("Assigned  Properties")  has begun, the assessment   wi   be levied to	igned Properties based on the benefits they receive.  me  t..Jnassigned Properties,  ed as property that has not been platted, assigned  velopmentrights or subjected t  a d'eclaration of
condominium,    will  continue  to   be	se sed    on   a  per  acre  basis  i" nassigned
Properties"). Eventually the developm t plan will-' be completed at fue q.ebt relating to the Bonds will be allocated to the la.r)ne 451 residential units within the District, which are the n 'ci · s of the CIP, d . icted in Table 5 and Table 6. li
there  are  changes  to  the  d  '5/Pln,  n  ,tr   _,  t  plan,  a	of  the   assessment  will  be
calculated to determine if a       t re      ·on 6t' true-up	nt from the Developer is required. The process is ou etl inSecti 3.0

The assifgnptent of debt in this l'Y>ljie>"ljl[J1,e Report se orth the process by which debt is a rtioned. As etittioned  her¢n. this Assessment Report will be supplemented from e time.
2..3	.Mlocation  ol Be   efit	

The CIR consists ol eart hwork, stormwater ponds & erosion control, roads, stom1 drainage, p table water,, sanitary water , reclaimed water, landscaping, irriga tion, sod for ponds & w,Ues, har dsca pe fea tures, offsite roadway and utility im provements, professiona l fees .... testing & inspection, water and sewer utility impact fees, and
contingency.   Th   e   are   two   residential   product   types   within   the  planned
a velopment.	single family 50' home has been set as the base unit and has been
ass1mie • one uivalent residential unit ("ERU") . Table 4 shows the allocation of benefit the-particular land uses. It is important to note that the benefit derived from the improvement s on the particular units exceeds the cost that the units will be paying for such benefits.

6

Lienability Test: Special and Peculiar Benefit to the Property

Construction and/or acquisition by the District of its proposed OP will provide several types of systems, facilities and services for its residents. These include earthwork, stormwater ponds & erosion control, roads, storm drainage, potable water, sanitary water, reclaimed water, landscaping, irrigatio , s for ponds & swales, hardscape features, offsite roadway and utility impiov ents, professional fees - testing & inspection, water and sewer utility· act f , and contingency. These improvements accrue in differing amounts and e m     t dependent on the type of land use receiving the special benefits pecwi to those p p es, which flow from the logical relationship of the improvemei'ts the properties.

Once these determinations are ma , ttiey are reviewed in the li t the special
benefits peculiar to the property, which o to the prot,er:ties as a result llf tH ir logical connection from the improvements in fa cifiall , ·ded.

For the  provision of C	·a1 and   peculiar. bebefits are:

the added used(	pro	•	
added enjoyment,¢lhe propeay, ai\a
1ne p	ability of U'f! ed	ta· ity and value of the pro p erty.

The special and p uliar benefits_,aI'8"real and ascertainable, but are not yet capable of being culated a,s value with'flla\thematical certainty. However, each is more valuable	ithet the cos   or the  tu    1non-ad valorem special assessment levied fur the impr eme ror the t as:allocated.

2.5	Liena'b.pily, Test:-Re sonable and Fair Apportionment of the Duty to Pay
Non-AdV.al'o.rem A e sments

A reasonable  te	of the proportion  of special and  peculiar  benefits received  from t1'     public imp  ovements  described  in the  Engineer's  Report  is  delineated  in  Table 5 ( rt!ssed aslA1l9>Cation of Par Debt per Product Type).

The del'ermjnation has been made that the duty to pay the non-ad valorem special assessments is fairly and reasonably apportioned because the special and peculiar benefits to the property derived from the acquisition and/or construction of the District's OP have been apportioned to the property according to reasonable estimates of the special and peculiar benefits provided consistent with the land use categories.

Accordingly, .no acre or parcel of property within the boundaries of the District will have a lien for the payment of any non-ad valo :m specia assessment more than the
7

determined special benefit peculiar to that property and therefore, the debt allocation will not be increased more than the debt allocation set forth in this Assessment Report.

In accordance with the benefit allocation suggested for the product types in Table 4, a total debt per unit and an annual assessment per unit have been calculated for each product type (Table 6). These amounts represent the preliminary anticipated per unit debt allocation assuming all anticipated units are built and sold as planned, and the entire proposed CIP is developed or acquired and £inane	the District.

3.0	True Up Mechanism

Although the District does not process plat$1-det!laration o ori\;lominiums, site plans or revisions thereto for the Developer, it o have an impo  t  le to  play during thecourse of platting and site planningr. W\; enever a plat, declara·   n   condominium or site plan is processed, the District mst allocate a portion of its deb( to'the property according  to this Assessment  Report   tl&ed  hereinc    addition,  the    lstrict must also prevent any buildup of debt on Unas 'ed J;>.ati p   . Otherwise, the   '  d   could be fully conveyed and/or-platted without all f the>,t'ebt being allocated. To preclude this, at the  time Unassig,ted       perties become	ed  Properties,  the District will
determine   the  amount	 """•"'va•-..     assessme      r    enue  that  remains   on   the Unassigned Properties,	into        um the propo       }llat, or  site plan approval.
If  the total anticipated asse	t revenoe to be. genera from the Assigned and Unassigru;id  roj,a:ties is grea  llian ot e  a1   th   maximum annual debt service then  ad·11s1:rn.eq,t ·. required.		c that the r enue generated is less than the reqt4re<f amount th debt red on or true-up payment by the landowner in the amoun .ne\-essary to re,duce the par amount of the outstanding Bonds plus accrued interest  tc,  a  level  that  witi- be  supported  by  the  new  net  annual  debt service

sessments	b, e required ,
Assessment

The District  vril.l •initially distribute the liens across the  property  within the  District boundaries on a gross acreage basis. As Assigned Property becomes known with celltainty, the District will refine its allocation of debt.from a per acre basis to a per unit b!\-'iis• as    show.ti·     Table 6.  If  the land use plan changes, then the District will update Tab 6  fie.¢ the changes.  As a result, the assessment liens are neither fixed nor are they determinable with certainty on any acre of land in the District prior to the time final Assigned Properties become known. At this time the debt associated with the District's CIP will be distributed evenly across the acres within the District. As the development process occurs, the debt will be distributed against the Assigned Property in the manner described in this Assessment Report. The current assessment roll is depicted in Table 7

8

TABLE 1
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT DEVELOPMENT PROGRAM
MASTER METHODOLOGY

Product Types	No. of Units •	
Totals	ERUs per Unit (1)	Total ERUs	
Single Family SO'	273	273	1	273	
 Single Family 60'	178		178	1.2	214		
  Total Units	451		451	487		

Benefit is allocated on an ERU basis ; based on density of planned development, with a 50' Single Family unit equal to 1 ERU

Unit mix is subject to change based on marketing and other factors

Prepared by: Governmental Management Services - Central Florida, LLC

9

TABLE 2
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT INFRASTRUCTURE COST ESTIMATES
MASTER METHODOLOGY

  Capital Improvement  Plan ("CIP")  (1)	Total Cost Estimate 
Earthwork, Survey, Stormwater Ponds & Erosion Control	$3,160,420	
Roads	$2,959,788	
Storm Drainage	$2,206,363	
Potable Water	$1,277,990	
Sanitary Sewer	$2,128,905	
Landscaping, Irrigat ion, Sod for Ponds & Swales	$425,313	
Hardscape Features	$75,000	
Professional Fees - Testing & Inspection	$711,366	
Water and Sewer Utility Impact Fees	$2,334,817	
Contingency	$1,527,038	
	$16,807,000	

(1) A detailed description of these improvements is provided in the Master Engineer's Report dated June 1, 2020

Prepared by: Governmental Management Services - Central Florida, LLC

10

TABLE 3
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT BOND SIZING
MASTER METHODOLOGY

 Description	
Const ruct i on Funds Debt Service Reserve Capitalized Interest Underwriters Discount Cost of Issuance Rounding

Par Amount"'

Total
$	16,807,000
$	1,680,700
$	2,608,800
$	434,800
$	205,000
$	3,700

$	21,740,000

Bond Assum ptions : Average Coupon Am ort izat ion
Capit aliz ed Interest Debt Service Reserve Underwriters Discount

6.00%
30 years
24 months Max Annual D/S
2%

* Par amount is subject to change based on the actual terms at the sale of the Bonds

Prepared by: Governmental Management Services - Central Florida, LLC

11

TABLE 4
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT ALLOCATION OF BENEFIT
MASTER METHODOLOGY

Total Improvements
No. of	ERU	Total	% of Total	Costs Per Product	Improvement
	Product Types	Units*	Factor	ERUs	ERUs	Type	Costs Per Unit		
	Single Family 50'	273	1.0	273	56.10%	$9,429,328	$34,540		
	Single Family 60'	178	1.2	214	43.90%	$7,377,672	$41,448		
	Totals	451		487	100.00%	$16,807,000			

* Unit mix is subject to change based on marketing and other factc

Prepared by: Governmental Management Services - Central Florida, LLC

12

TABLE 5
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT
ALLOCATION OF TOTAL BENEFIT/PAR DEBT TO EACH PRODUCT TYPE MASTER METHODOLOGY

Total Improvements	Allocation of Par
Costs Per Product Debt Per Product  Par Debt Product Tyees      No. of Units *		Type	T}'.ee	Per Unit Single Family 50'         273	$		9,429,328    $          12,196,917     $    44,677
Single Family 60	178	$	7,377,672	$	9,543,083	$	53,613
Totals	451	$	16,807,000	$	21,740,000

1* Unit mix is subject to change based on marketing and other factors

Prepared by: Governmental Management Services - Central Florida, LLC

13

TABLE 6
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT
PAR DEBT AND ANNUAL ASSESSMENTS FOR EACH PRODUCT TYPE
MASTER METHODOLOGY	

	

No. of Product T pes	Units•	
Allocation of Par Debt Per
Product Type	
Total Par Debt Per Unit	
Maximum Annual Debt
Service	Net Annual Debt Assessment
Per Unit	
Gross Annual Debt Assessment Per Unit
(1)		
	Single Family 50 273	$12,196 ,917	$44,677	$942,933	$3,454	$3,674		
	Single Family 60 178	$9,543,083	$53,613	$737,767	$4,145	$4,409		
	Totals	451	$ 21,740,000		$1,680,700				

(1) This amount includes collection fees and early payment discounts when collected on the County Tax Bill

Unit mix Is subject to change based on marketing and other factors

Prepared by: Governmental Management Services - Central Florida, LLC

14

TABLE 7
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT
PRELIMINARY ASSESSMENT ROLL MASTER METHODOLOGY

	

Owner	

Proeerw-	

Acres	Total ParDebt Allocation Per Acre	
Total Par Debt Allocated	Net Annual Debt Assessment Allocation	Gross Annual Debt Assessment Allocation (1)		
	Lennar	Old Hickory COD	175.4	$	123,949	$	21,740,000	$	1,680,700	$	1,787,979		
	Totals		175.4		$	21,740,000	$	,1 680,700	$	1,787,979		

(1) This amount includes6% to cover collection fees and early payment discounts when collectedutlli zing the uniform method.

30
6.00%
$1,680,700

Annual Assessment Periods Average coupon Rate (%)
Maximum Annual DebtService

- SeeMetes and Bounds, attached as Exhibit A

Preparedby: Governmental Management Services - Central Florida, LLC

15

LEGAL DESCRIPTION

DESCRIPTION: (As per Title Commitment Issuing Office File Number 111657-000055 and Order Number 7541377 issued by Chicago ntle Insurance Company bearing an effective date of March 12, 2019 at 11:00 PM)

Parcel I:
Lots 49, 50, 63, 64, 65, 80, 81, 82, 95, 96, 97, 98, 111, 112, 113, 114, 127 & 128, THE SEMINOLE LAND and INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION 13, TOWNSHIP 26 SOUTH, RANGE
30 EAST, according to the plat thereof of as recorded in Plat Book "B", Page 4, Public Records of Osceola County, Florida.
Less that portion conveyed to the City of St, Cloud by Warranty Deed recorded In Official Records Book
3751, Page 2231, Public Records of Osceola County, Florida, described as follows:
A portion of Lots 63 and 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, as recorded in Plat Book B, Page 4, Public Records of Osceola County, Florida, being more particularly described as follows: Commence at the East 1/4 corner of Section 13, Township 26 South, Range 30 East, Osceola County, Florida, said point being a 6"X6" concrete monument (no identification); thence North 89°49'48" West along the North line of the Southeast 1/ 4 of said Section 13, a distance of 20.00 feet; thence departing said North line, North 00°01116 " East, a distance of 17.50 feet to the Southeast corner of Lot 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East1 according to the plat thereof, as recorded in Plat Book B, Page 4, Public Records of Osceola County, Florida, said point also being at the intersection of the North right of way line of a 35 foot platted right of way per said plat and the West right of way line of a 40 foot platted right of way per said plat and the POINT OF BEGINNING; thence North 89°49'48" West along the South line of said Lot 64 and Lot 63 of said plat and along said North right of way line, a distance of 1285.10 feet to the Southwest corner of said Lot 63, said point being at the intersection of said North right of way line and the East right of way line of a 35 foot platted right of way per said plat; thence North 00°01'05" West along said East right of way line and along the West line of said Lot 63, a distance 40.56 feet; thence departing said East right of way line and said West line, South 89°51'49" East, a distance of 1285.13 feet to a point on the East line of said Lot 64 and said West right of way line; thence South 00°01'16" West along said East line and said West right of way line, a distance of 41,31 feet to the POINT OF BEGINNING.

Parcel 1 containing 17.557 acres more or less.

Parcel 2:
Lots 1, 2, 15, 16, 17, 18,31,32,33,34,35,36,45,46,47,48,51,52,61, & 62, THE SEMINOLE LAND and INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION 24, TOWNSHIP 26 SOUTH, RANGE 30
EAST, according to the plat thereof of as recorded in Plat Book "B", Page 11, Public Records of Osceola County, Florida.
less that portion conveyed to The School Board of Osceola County, Florida by Special Warranty Deed recorded in Official Records Book 3795, Page 1751, Public Records of Osceola County, Florida, described as follows:
A parcel of land being a portion of lots 32, 33, 34, 47, and 48, of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, as recorded in Plat Book B, Page 11, Public Records of Osceola County, Florida, being more particularly described as follows:

Commence at the Southeast corner of the Northeast Quarter of said Section 24; thence run NOO"l7'36" E along the east line of said Northeast Quarter a distance of 658,88 feet; thence departing said East line run ,N89"54'13"W a distance of 20.00 feet to the Southeast corner of the aforementioned Lot 48 and the Point of Beginning; thence N89"54'13"W, along the South line of said Lot 48 and the South line of Lot 47 of said subdivision, a distance of 1 033.34 feet; thence departing said South line run N00°05'47"E, a distance of 476.45 feet; thence N89"44'02"W, a distance of 206.63 feet to a point on a curve concave Northwesterly, having a central angle of 56°03'43" and a radius of 125.00 feet; thence from a tangent bearing of S89°44'02"E, run Northeasterly, along the arc of said curve, a distance of 122,31feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 49"49'54" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 32.18 feet to the point of reverse curvature of a curve concave Northwesterly, having a central angle of 56"50'05" and a radius of 100,00 feet; thence run Northeasterly,along the arc of said curve, a distance of 99.20 feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 63°05'32" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 40.74 feet to the point of tangency; thence S89"42'24"E, a distance of 561.02 feet to the point of curvature of a curve concave Northwesterly, having a central angle of 23"5214411 and a radius of 400.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 166.71 feet to the point of reverse curvature of
a curve concave Southeasterly, having a central angle of 23°52'44" and a radius of 400.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 166.71 feet to the point of tangency; thence S89"42'24"E, a distance of 115.12 feet to a point on the East line of Lot 32 of the aforesaid plat of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East; thence S00°17'36"W, along said East line and along the East line of Lots 33 and 48 of said plat of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, a distance of 687.08 feet to the Point of Beginning.

Parcel 3:
Lots 66 and 79, THE SEMINOLE LAND & INVESTMENT CO. 'S (INCORPORATED) SUBDIVISION OF SECTION
13, TOWNSHIP 26 SOUTH, RANGE 30 EAST, according to the plat thereof of as recorded in Plat Book " B'', Page 4, Public Records of Osceola County, Florida.
Together with all of seller's right, title and interest, if any, in and to any vacated platted rights of way adjacent to any of the above referenced l ots.

Parcels 2 and 3 together containing 157.838 acres more or fess.

Parcel 4: (Eas ement )
TOGETHER WITH: Nonexclusive, Temporary Construction Easement for the benefit of Parcels 1, 2 and 3, as set forth in that certain Temporary Construction Easement Agreement by and between The School Board Of Osceola County, Florida , a Florida political subdivision, and Strategic Capital Resources, Inc., a Florida corporation , recorded February 6, 2009 in Official Records Book 3795, Page 1757, over, under and across the lands described t herein .

Altogether containing 175.395 acres more or less.

Exhibit 2

S ECTION 3

RESOLUTION NO. 2020-16

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD mcKORY COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS ON PROPERTY WITHIN THE DISTRICT; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYEO BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHJCH SUCH SPECIAL ASSESSME TS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDJNG FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR OTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF TH1S RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of the Old Hickory Community Development District ("Board") hereby determines to unde rtake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain certain public infrastructure improvements refened to as the Capital hnprovement Plan ("Capital Improvement Plan'')  described in the Old Hickory Community Development District Engineer's Report dated June 1, 2020 and attached hereto as Exhibit "A" and incorporated by reference (the "Engineer ' s Report"); and

WHEREAS , the Board has determined that the Old Hickory Community Development District ("District") shall defray the cost of the Capital Improvement Plan by the levy of non-ad valorem special assessments pursuant on the properties within District in pursuant to Chapter 19 0, Florida Statutes ("Assessments") ; and

WHEREAS, the District is empowered by Chapter 190, the Uniform Community Development District Act, Chapter 170, Supplemental Alternative Method of Makmg Local and Municipal Improvements, and Chapter 197, Florida Statutes, to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain the Improvements and to impose, levy and collect the Assessments; and

WHEREAS, the District hereby dctcnnines that benefits will accrue to the property improved, the amount of those benefits, and that special assessments will be made in proportion  to the benefits received as set forth in the Master Assessment Methodology for Old Hickory Community Development District dated June 1, 2020, attached hereto as Exhibit "B" and incorporated by reference (the "Assessment Report") and on file at 219 E. Livingston Street, Orlando, Florida 32801(' District Records Office"); and

WHEREAS, the District hereby detennines that the Assessments to be levied will not exceed the benefits to the property improved.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF  THE  OLD  HICKORY COMMU TTY DEVELOPMENT DISTRICT IN THE OSCEOLA COUNTY, FLORIDA:

Assessments shall be levied to defray the cost of the Capital Improvement Plan.

The Board hereby approves and adopts the Engineer's Report, which may be amended from time to time by this Board.

The general nature of the Capital hnprovement Plan is more specifically described in the Engineer's Report and in certain plans and specifications on file at the District Records Office.

The general location of the Capital Improvement Plan is shown in the Engineer's Report and in plans and specifications on file at the District Records Office.

The estimated cost of the Capital Improvement Plan is approximately $16,807,00 (hereinafter collectively referred to as the "Estimated Cost'').

Tbe Assessments will defray approximately $21,740,00 for the Capital Improvement Plan, which includes the Estimated Cost, plus financing related costs, capitaljzed interest and, debt service reserve.

The manner in which the Assessments shall be made is contained within the Assessment Report, which is attached hereto as Exhibit "B" and is also available at the District Records Office.

The Assessments shal1 be levied on aJl lots and lands within the District which are adjoining to, contiguous wjth or bounding and abutting upon the Capital Improvement Plan or specially benefited thereby and are further designated on the assessment plat referenced below.

There is on file at the District Records Office, an assessment plat showing the area to be assessed, together with plans and specifications describing the Capital Improvement Plan and the Estimated Cost, which shall be open to inspection by the public.

.   The  District  Manager  bas  caused  to  be  made  a  preliminary  assessment roll, in accordance with the method of assessment described in Exhibit 11B" hereto, which shows the lots and lands assessed the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment may be divided, which is hereby adopted and approved as the District's preliminary assessment roll.

Resolution 2020-16 Declaring Special A8 essments	2
Old Hickory COD

Commencing with the year in which the· Assessments are confirmed, the Assessments shall be paid in accordance with the Assessment Report, but in no event in more than thirty annual installments payable at the same time and in the same manner as are ad-valorem taxes and as prescribed by Chapter 197, Florida Statutes; provided, however, that in the event the non ad-valorem assessment method of collecting the Assessments is not available to the District in any year, or the District determines not to utilize the provisions of Chapter 197, Florida Statutes, the Assessments may be collected as is otherwise permitted by law.

The Board shaJl adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the assessments or the making of the Capital Improvement Plan, the cost thereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved.

The District Manager is hereby directed to cause this Resolution to be published twice (once a week for two (2) weeks) in a newspaper of general circulation within Osceola County and to provide such other notice as may be required by law or desired in the best interests of the District.

This Resolution shall become effective upon its passage.

ADy capitalized terms used herein and not defined, shall have the meanings set forth
in the Assessment Report.

PASSED AND ADOPTED this l st day of June, 2020

ATTEST:
OLD HICKORY COMMUNITY DEVELOPMENT DIS TRICT, a Florida
community development rustrict

By:------------

- - - - - - - - - - -

Name:
Secretary I Assistant Secretary

Resolu t ion 2020-16 Declaring Special Assessments Old Hickory COD

By:----------- ------

----------------

am.e:
Chairman I Vice Chairman

3

xhibit "   "

Engineer ' s	epon for Old F-lickory Community Development Dmrlct dated June 1, 2020

Resolution 2020-16 Declaring.Spednl Assessm enls	4
Old Hickory CDD

Exhibi  "B"

Master Assessment Methodology
for Old Hickory Community Developm ent District dated June 1, 2020

Resolution  2020-16  Dei:laring Special Ass essments	5
Old Hickory COD

S.E	CTION 4

RESOLUTION 2020-17

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPME T DISTRICT SETTING A PUBLIC  HEARING  TO  BE  HELD  ON   	_2,020  AT
 		A.M./P.M. AT 	_
 	, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY \VITHIN THE DISTRICT IN ACCORDANCE WITH CHAPTERS 170, 197, 190, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.

WHE REAS, the Old Hickory Community Development District (the "District) is a local unit of special-purpose government duly organized and existing under the provisions of the Uniform Community Development District Act of 1980, Chapter 190 , F lor ida Statutes, as amended (the "Act"); and

WHEREAS, the District has previo usly adopted Resolut ion 2020-16 , entitled:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS O PROPERTY WITHIN THE DISTRICT; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED  BY THE SPECIAL ASSESSMENTS; PROVIDING THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN  WHICH SUCH SPECIAL ASSESSMENTS SHALL  BE  MADE;  PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVTDTNG FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSME  T ROLL; PROVIDING FOR  A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED TMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, in accordance with Resolution No. 2020-16, a preliminary assessment roll has been prepared and all other cond itions precedent set forth in Chapte r 170, 197 and 190, Florida Statutes, to the holding of the afo rementioned public hearing have been  satisfied,  and the roll  and related  documents  arc available for public  inspection  at 219 E. Livingston Street,  O rlando, Florida 32801 (the " District Records Office"),

Resolution 2020-17 - Sening Public Hearing Old HickoryCommunity Development Distric t

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OLD HICKORY COMMUNITY DEVELOPMENT DJSTRJCT AS FOLLOWS:

l.	INCORPORATION OF RE CITALS. The recitals stated above are true and correct and by tbis reference are incorporated by reference as a material part of this Resolut ion.

DECLARATION Of' PUBLIC HEARING. The District hereby declares a public

hearing to be held on

_ _ _

_ _ _

_   _   ,   2020,  at     	

A.M./P.M. at the

_ _ _

_ _ _ _

_ for the purpose of hearing comment and objection to the proposed special

assessment program for community improvements a identified in the Master Assessment Methodology dated June I, 2020 (the "Assessment Report") attached hereto as Exhibit "A" and the preliminary assessment roll, available at the District Records Office. Affected parties may appear at the hearing or submit their comments in writing prior to the meeting to the attention of the District Manager at the District Records Office.

ADVERTISING OF PUBLIC HEARING. otice of said hearing shall be advertised in accordance with Chapter 170, 190, and 197 Florida Statutes, and the District Manager is hereby authorized and-directed to place said notice in a newspaper of general circulation within Osceola County (by two publications one week apart with the last publication at least one week  prior to the date of the hearing established herein). The District Manager shall file a publisher's affidavit with the District Secretary verifying such publication of notice. The District Manager is further authorized and directed to give thirty (30) days' written notice by mail  of the time and place of  this hearing to the owners of all property to be assessed and include in such notice the amount of the assessment for each such property owner, a description of the areas  to be  improved  and notice that information concerning all assessments may be ascertained at the District Records Office. The District Manager shall file proof of such mailing by affidavit with the District Secretary.

SEVERABTLITY. If any section paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invaljdity or ineffectivenes of such section, paragraph, clause or provision..

Co FLICTS. All resolutions or parts thereof in conflict herewith are , to the extent of such conflict, superseded and repealed .

EFFECTIVE DATE. This Resolution shall take effect immediately upon  its adoption.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Resolu tion 2020-17 - Selling Public Hearing
Old lfickmy Community Development Districl

SIGNATURE PAGE FOR RESOLUTION 2020-t 7

ADOPTED this 1st day of June, 2020.

OLD HICKORY COMMUNITY
DEVELOPMENT DISTRICT

ttest:

Its: Secretary

Resolution 2020-17 - Setting Pub lic Hearing Old 1-tic kory Community Development DiHtrio1

Chairperson or Vice Chairperson, Board of Supervisors

EXHIBIT "A" ASSESSMENT REPORT
Master Asses ment Methodology for Old Hickory Community Developmen t District
(dated June  I , 2020)

[A7TACHED ON FOLLOWJNG PAGESj

Resolu tion 2020-17 - Sening Publlo Henring Old Hickory Community Development Distric1

SECTION V-.11 1

S	ECTION A

AGREEMENTBYANDBETWEE THE
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT AND THE DEVELOPER, REGARDING
THE ACQUISITION OF CERTAIN WORK PRODUCT AND INFRASTRUCTURE

TIDS AGREEMENT BY AND BETWEEN THE OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT AND THE DEVELOPER, REGARDING THE ACQUISITION   OF   CERTAIN   WORK   PRODUCT   AND   INFRASTRUCTURE  (the
"Acquisition  Agreement'')  is made and entered into as of  	_2.020 by and between
OLD   IDCKORY    COMMUNITY    DEVELOPMENT    DISTRICT   (the   ''District')  and
LENNAR HOMES, LLC, a Florida limited liability company (the "Developer').

RECITALS

WHEREAS, the District was established by Ordinance No. 2020-09 of the City of St. Cloud, Florida, adopted on May 14, 2020 (the 'Ordinance"), for the purpose of planning, financing, constructing, acquiring, operating and/or maintaining certain infrastructure, including surface water management systems, water and wastewater facilities, roadways, landscaping, parks, and recreational facilities and uses; and

WHEREAS, the Developer is the developer and primary owner of the Old Hickory development ("Master Development") within the District boundaries (the "Development'') identified in Exhibit "A", which is attached hereto and incorporated herein (the "Lands"); and

WHEREAS, the District is issuing its $21,740,000 Old Hickory Community Development District Special Assessment Bonds, Series 2020 (the "Series 2020 Bonds") for (i) the payment of the costs of acquiring and/or constructing a portion of the infrastructure improvements within the Lands (the "2020 Project'') and described as of the date hereof in the Engineer's Report for Old Hickory Community Development District dated June 1, 2020, attached hereto as Exhibit ''B" and incorporated herein (the ''Engineer's Report"); (ii) funding of the Series 2020 Reserve Account; and (iii) the payments of the costs of issuance of the Series 2020 Bonds; and

WHEREAS, the District plans to construct, complete tbe construction and/or acquire certain public infrastructure improvements within the 2020 Project, as more specifically described and identified in the Engineer's Report; and

WHEREAS, the Developer acknowledges that the Development will benefit from the timely completion and acquisition of the 2020 Project; and

WHEREAS, the Developer and the District acknowledge that the funds available from the Series 2020 Bonds will not be sufficient to complete the design, construction and/or acquisition of the 2020 Project· and

WHEREAS the Developer has simultaneously entered into a completion agreement with the District and agreed to complete the 2020 Project or to provide to the District sufficient funds

Acquisition Agreement	1
Old Hickory Communiiy Development District (Series 2020 Bond,)

to allow it to timely complete the 2020 Project, as more generally described in Exhibit "C'' (the 'Improvements"), in an expeditious and timely manner, some of which development requires or includes some of the improvements or items as described herein (the "Completion Agreement'') ; and

WHEREAS, the District has not had sufficient monies on hand to allow the District to contract directly for the preparation of the necessary surveys, reports, drawings, plans, permits, specifications, and related documents contemplated in Exhibit '' D" (the ..Work Product") which would allow the timely commencement and completion of construction of the Improvements· and

WHEREAS the Developer is under contract to create or bas created the Work Product for the District and wishes to convey certain elements thereof, as it is completed, to the District; and

WHEREAS, the Developer acknowledges that upon its conveyance, the District will have the right to use and rely upon the Work Product for any and all purposes and further desires to release to the District all of its right, title, and interest in and to the Work Product (except as provided for in this Acquisition Agreement); and

WHEREAS, the District desires to acquire ownership of the completed Work Product as well as the unrestricted right to use and rely upon the Work Product for any and all purposes; and

WHEREAS, in order to allow the District to avoid delay as a result of the lengthy process incident to the sale and closing on the Series 2020 Bonds, the Developer has under contract, under construction, or is obligated to convey to appropriate units of local government as is designated in the Engineer's Report, certain portions of the 2020 Project; and

WHEREAS, the Developer agrees to convey to the District all right, title, and interest in the Improvements to be owned by the District as of the "Acquisition Date" (as hereinafter defined); and

WHEREAS, the District wishes to acquire the Improvements from the Developer as of t11e Acquisition Date, notwithstanding the District's inability pay for all or some of the fmprovements with the proceeds of the Series 2020 Bonds; and

WHEREAS, in conjunction with the acquisition of the Improvements, the Developer desires to conve y, or cause to be conveyed, to the District, interests in certain real property sufficient to allow the District to own, operate, maintain, construct, or install the Improveme nts, whether such conveyances shall be in fee simple , perpetual easement, or other interest as may be in the best interests of the District, or required by permits or development plans and agreed to by the Developer (the "Real P roperty''); and

WHEREAS, the Developer agrees to convey, or cause to be conveyed, any such Real Property to the District and in a form satisfactory to the District and subject to the conditions set forth herein; and
WHEREAS, the  Developer shall have the option to contribute additional Real Property
and/or lmprovements  with values in an amount equal to or in excess of the  Lands  Assessmen ts,

Acquisicion Agrccm 11t	2
Old Hickruy CommW1ity Development District (Series '2020 Boods)

and, if such option is elected, the District has agreed to accept such conveyances in lieu of assessments in order to complete the 2020 Project, in an expeditious and timely manner ("Conveyances in Lieu of Assessments");and

WHEREAS, the District and the Developer are entering into this Acquisition Agreement to ensure the timely completion, conveyance and operation of the 2020 Project.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the District and the Developer agree as follows:

INCORPORATION OFREcrrALS. The recitals stated above are true and correct and by this reference are incorporated as a material part of this Acquisition Agreement.

WORK PRODUCT. The District agrees to pay, but only to the extent funds are available for such purpose, the actual reasonable cost incurred by the Developer in preparation of the Work Product in accordance with the provisioos of this Acquisition Agreement.  The Developer shall provide copies of any and all invoices, bills, receipts, or other evidence of costs incurred by the Developer for the Work Product. The parties agree that separate or multiple Acquisition Dates may be established for any portion of the acquisitions contemplated by this Acquisition Agreement. The District Engineer shall review all  evidence of  cost and shall certify to the District's Board of Supervisors the total actual amount of cost, which in the District Engineer's sole opinion i,s reasonable for the Work Product. The District Engineer's opinion as to cost shall be set forth in an Engineer's Certificate which shall accompany the requisition for the funds from the District's Trustee. Jn the event that the Developer disputes the District Engineer's opinion as to cost, the District and the Developer agree to use good faith efforts to resolve such dispute. If the parties are unable to resolve any such dispute, the parties agree to jointly select a third party engineer whose decision as to any such dispute shall be bindingupon the parties. Such a decision by a third party engineer shall be set forth in an Engineer's Affidavit which shall accompany the requisition for the funds from the District's Trustee. The parties acknowledge that the Work Product is being acquired for use by the District in connection with the construction or operation, as applicable, of the Improvements.

The Developer agrees to release and/or to provide a non-exclusive assignment to the District of the right, title, andinterest which the Developer may have in and to the above described Work Product, as well as all common law, statutory, and other reserved rights, including all copyrights in the Work Product and extensions and renewals thereof under United States law and throughout the world, and all publication rights and all subsidiary rights and other rights in and to the Work Product in all forms, mediums, and media, now known or hereinafter devised. To the extent determined necessary by the District, the Developer shall obtain all releases and/or assignments from any professional providing services in connection with the Work Product to enable the District to use and rely upon the Work Product. Such releases and/or assignments may include, but are not limited to, any architectural, engineering, or other professional services, Such

Acquisition Agreement	3
Old Hickory Community DevelopmentDistrict (Series 2020 Bonds)

releases shall be provided in a timely manner in the reasonable discretion of the District.

The Developer acknowledges the District's right to use and rely upon the Work Product for any and all purposes.

ACQUISITIO OF IMPROVEMENTS. The Developer has constructed,  is constrllcting, or has under contract to construct and complete, the lmprovements . When a portion of the Improvements is complete and is ready for conveyance by the Developer to the District, the Developer shall notify tbe District in writing, describing the nature of the improvement, its general location, and its estimated cost. Any Real Property interests necessary for the functioning of the Improvements to be acquired under this paragraph shall be reviewed and conveyed in accordance with the provisions of Section 4. The District Engineer, in consultation witb counsel, shall determine in writing whether or not the infrastructure to be conveyed is a part of the Improvements contemplated by the Engineer's Report and, if so, shall provide Developer with a list of items necessary to complete the acquisition. Each such acquisition shall also be subject to the engineering review and certification process described in Section 2. The District Manager shall determine, in writing, whether the District has, based on the Developer's estimate of costs, any unencumbered Series 2020 Bond funds available to pay for the acquisition of such Improvements, although the Developer agrees that such payment is not required for the conveyance(s), if sufficient funds are not available. The Developer agrees, if it elects this option, that no payments or reimbursements of any kind shall be made by the District for Conveyances in Lieu of Assessments.

All documentation of any acquisition (e.g., bills of sale, receipts, maintenance bonds, as-built, evidence of costs, deeds or easements, etc.) shall be to the reasonable satisfaction of the District. If any item acquired by the District is to be subsequently conveyed to a third party govern.mental body, then the Developer agrees to cooperate and provide such certifications or documents as may be required by that governmental body, if any.

The District Engineer shall certify as to the actual cost of any Improvements built or constructed by or at the direction of the Developer, and the District shall pay no more than the actual cost incurred, or the current value thereof whichever is less, as determined by the District Engineer.

The Developer agrees to cooperate fully in the transfer of any permits to the District or a governmental entity with maintenance obligations for any Improvements conveyed pursuant to this Acquisition Agreement.

CONVEYANCE OF REAL PROPERTY.

Conve yance. The Developer agrees that it will convey, or cause to be conveyed by others, to the District at or prior to the Acquisition Date, and as determined solely by the District by a special warranty deed, easement (which may be non-exclusive) or other instrument reasonably acceptable

Acquisition Agreement	4
Old ffickory Community Oevelopment District (Series 2020 Bonds}

B.

Acquisition A!,oreement

to the District and the Developer together with a metes and bounds or platted legal description, the Real Property upon which the Improvements are constructed or which are necessary for the operation and maintenance of, and access to, the Improvements, or subsequently required to be conveyed by the District to the Osceola County or any other governmental entity. The parties agree that in no event shall the purchase price for the Real Property exceed the value of an appraisal or similar third-party report (prepared by a qualified appraiser or appraisal company) or other evidence acceptable to the District's bond counsel and District staff, obtained by the Developer or the District for this purpose. The parties agree that the purchase price shall not include amounts attributable to the value of Improvements on the Real Property and other hnprovements serving the Property that have been. or will be, funded by the District. If requested and necessary, such special warranty deed or other instrument shall be subject to a reservation by Developer of its right and privilege to use the area conveyed to construct any Improvements and any future Improvements to such area for any related purposes (including, but not limited to, construction traffic relating to the construction of the Development) not inconsistent with the District's use, occupation or enjoyment thereof. The Developer shall pay the cost for recording fees and documentary stamps required, if any, for the conveyance of the Real Property upon which the Improvements are constructed., including costs, if any, for the further conveyance by the District to Osceola County or any other governmental entity, if applicable. The Developer shall be responsible for all taxes and assessments levied on the lands upon which the Improvements are constructed until such time as the Developer conveys all said lands to the District. At the time conveyance, the Developer shall provide, at its expense, an owner's title insurance policy in a form satisfactory to the District in an amount equal to the value paid by the District to the Developer for such Real Property (or a title search, if the District determines, in its sole discretion, a title policy is not necessary). In the event the title search reveals exceptions to title which render title unmarketable or which, in the District's reasonable discretion, would matetially interfere with the District's use of such Real Property, the Developer shall cure, or cause to be cured, such defects at no expense to the District.

of

Boundarv or Other Adjustments. Developer and the District agree that reasonable future boundary adjustments may be made as deemed necessary by both parties in order to accurately describe lands conveyed to the District and lands which remain in Developer's ownership. The parties agree that in the event any land transfers made to the District to accommodate such adjustments when result in a net increase in acreage to the District when there are bond proceeds available, the District will pay the lesser of the Developer's cost basis in the land received by the District or fair market value as determined by an independent appraisal. For any land transfers made to the Developer to accommodate such adjustments for which bond

5

Old Hickory CommlDlily Development District (Series 2020 Bonds)

proceeds were used to pay for such land, the Developer shall pay the greater of the price prud by the District for such land or the fair market value as deteimined by an independent appraisal. Notwithstanding the above, if there is no net increase or decrease in the lands to be owned by the District and the Developer as a result of such conveyances, no consideration will be owed by either party provided the swapped lands have the same utility. Further, the parties may request an opinion of the District's bond counsel if some other alternative is proposed for any boundary adjustments and such opinion concludes that such alternative will not adversely affect the tax status of the Series 2020 Bonds. The party requesting such adjustment shall pay any transaction costs resulting from the adjustment, including but not limited to taxes, title insurance, appraisals, any District bond counsel fee, recording fees or other costs.

COOPERATION AND COMPLETION. Toe parties agree to cooperate and use good faith and best efforts to undertake and complete tbe acquisition process contemplated by this Acquisition Agreement on such date or dates as the parties may jointly agree upon (each an "Acquisition Date"), but all must be no later than the end of a reasonable time period for acquisition considering the type of Work Product, Real Property and Improvements to be conveyed, or such other time period required to maintain the tax-exempt status of the Series 2020 Bonds as determined by an opinion of the District's bond counsel.

ENGINEER'S CERTIDCATION. Before any payments are made by the District to the Developer, or any Improvements, Work Product or Real Property is accepted by the District, in addition to the other requirements provided herein the DeveJoper shall provide to the District a certificate, signed by the District Engineer certifying that the Work Product, Improvements or Real Property arc a part of the 2020 Project and that such Work Product, Improvements or Real Property has been prepared, constructed, installed or must be acquired, in conformity with the plans and specifications, the Engineer's Report and all applicable laws related to the preparation, construction, installation or acquisition thereof.

WARRANTY. For the acquisition of Improvements or Work Product  hereunder, the Developer agrees to assign to the District all or any remaining portion of any pro fessionals' or contractors ' warranties, contracts or bonds, warrantying or guaranteeing that the Improvements or Work Product conveyed against defects or failings in materials, equipment, fitness or construction. Notwithstanding such assignment, the Developer shall cause any such professionals and contractors to warranty that the Improvements are free from defects in materials, equipment and construction for a period of at least one (1) year from compJetion thereof.

DEFAULT. A default by either party under this Acquisition Agreement sbal1 entitle the other to all remedies available at law or in equity which may include, but not be limited to, the right of damages (except special, consequential or punitive) and/or specific perfonnance.

If the Developer fails to keep, observe or perform any of the agreements, terms, covenants or repFesentations, or otherwise is 111 default of this Acquisition Agreement, the District shall give written notice to Developer at the address listed in Section 13 below), and the Developer shall

Acquisition Agreement	6
Old Hickory Community Development District (Series 2020 Bonds)

have sixty (60) days to cure such default (which time may be extended by the District in its sole discretion), unless a shorter time to cure ,is mandated by applicable law or regulation.

ENFORCEMENT OF AGREEMENT. In the event that either party is required to enforce this Acquisition Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other, its reasonable attorneys' fees and costs incurred for trial, alternative dispute resolution, or appellate proceedings.

AGREEMENT. This instrument shall constitute the final and complete expression of this Acquisition Agreement between the District and the Developer relating to the subject matter of this Acquisition Agreement.

I 1. AMENDMENTS. Amendments to and waivers of the provisions contained in this Acquisition Agreement may be made only by an instrument in writing which is executed by all parties hereto.

AUTRORJZATlO . The execution of this Acquisition Agreement has been duly authorized by the appropriate body or official of the District and the Developer. The District and the Developer have complied with all the requirements of law. The District and the Developer have full power and authority to comply with the terms and provisions of this instrument.

N OTICES. All notices, requests, consents and other communications under this Completion Agreement (''Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to District:

With a copy to:

If  to Developer.

Old Hickory Community Development District
219 E. Livingston Street Orlando, FL 32801 Attention: District Manager Telephone: (407) 841-5524 Email: gflint@gmsctl.com

Latham, Luna, Eden & Beaudine, LLP 111 North Magnolia Avenue, Suite 1400 Orlando , FL 32801
Attention: Jan Albanese Carpenter, Esq.
Telephone: (407) 48 I -5800
Email: jcarpenter@lathamluna.com

Lennar Homes, LLC Homes - Orlando 6750 Forum Drive, Suite 310
Orlando, FL 32821
Attention: Brock Nicholas, Division President Telephone: (407) 586-4000
Email: Brock icholas L lennar.com

cquisirion Agreement	7
Old Hickory Community Developme nt District (Series 2020 Bonds)

With a copy to:	Lennar Homes, LLC Corporation
700 N.W. 107th Avenue
Miami, FL 33172
Attention: Mark Sustana, Esq. General Counsel Telephone: (305) 229-6584

Except as otherwise provided in this Completion 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 Completion 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. Counsel for the District and counsel for the Developer may deliver otice on behalf of the District and the Developer. 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 herein. Copies of Notices may be sent by e-mail, but such transmission
should not constitute delivery under this Agreement.

ARM'S LENGTH TRANSACTION. This Acquisition Agreement has been negotiated fully between the District and the Developer as an arm's length transaction. All parties participated fully in the preparation of this Acquisition Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Acquisition Agreement, all parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against any party hereto.

. THIRD PARTY BENEFICIARJES.  This Acquisition  Agreement  is solely for the benefit of the District and the Developer 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 Acquisition Agreement. Nothing in this Acquisition Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Developer any right, remedy, or claim under or by  reason  of this Acquisition  Agreement or any of tbe provisions or conditions of this Acquisition Agreement; and all of the provisions, representations, covenants, and conditions contained in this Acquisition Agreement shall inure to the sole benefit of and shall be binding upon the District and the Developer and their respective successors and assigns. Notwithstanding the foregoing, nothing in this paragraph shall be construed as impairing or modifying the rights of any holders of bonds issued by the District for the  purpose  of acquiring any Work Product, Real Property, or portion of the Improvements, and the Trustee for the Series 2020 Bonds, on behalf of the owners of the Series 2020 Bonds, shall be a direct third party beneficiary of the terms and conditions of this Acquisition Agreement and shall be entitled to cause the District to enforce the Developer' s  obligations  hereunder.  The  Trustee  shall  not be deemed to have assumed any obligation under this Agreement.

AsSJGNMENT. This Acquisition Agreement may be assigned, in whole or in part, by either party only upon the written consent of the other, which consent shall not be unreasonably withheld.

Acqwsition Agreemenl	8
Old Hickory Community Development Di Irie! (Series 2020 Bonds)

CONTROLLING LAW AND VENUE. This Acquisition Agreement and the provisions contained in this Acquisition Agreement shall be construed, interpreted, and controlJed according to tbe laws of the State of Florida. The Parties hereby acknowledge and agree that, in the event legal action is instituted to enforce this Acquisition Agreement, the Developer consents to and by execution hereof submit to the jurisdiction of any state court sitting in or for Osceola County, Florida.

EFFECTIVE DATE. This Acquisition Agreement shall be effective upon  its execution by the District and the Developer.

:atmuc RECORDS. The Developer understands and agrees that all documents of any kind provided to the District in connection with this Acquisition Agreement may be public records and will be treated as such in accordance with Florida law.

SEVERABJLITY. The invalidity or unenforceability of any one or more provisions of this Acquisition Agreement shall not affect the validity or enforceability of the remaining portions of this Acquisition Agreement, or any part of this Acquisition Agreement not held to be invalid or unenforceable.

SOVEREIGN IMMuNITY. The Developer agrees that nothing in this Acquisition Agreement shall constitute or be construed as a waiver of the District's limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or laws.

8.EADJNGS FOR CONVENIENCE ONLY. The descriptive headings in this Acquisition Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Acquisition Agreement.

COUNTERPARTS. This Acquisition 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. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

SIGNATURES ON FOLLOWING PAGE

Acquisition Agreement	9
Old Hickory Cornmwiity Development District (Series 2020 Bonds)

COUNTERPART SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT
AND THE DEVELOPER, REGARDING THE ACQUISITION OF CERTAIN WORK PRODUCT AND INFRASTRUCTURE

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives all as of the date first set forth above.

DEVELOPER:

LENNAR HOMES, LLC, a Florida limited liability company

By 	
Brock Nicholas Vice President

Acquisi ti on Agreement
Old Hickory (Series 2020 Bonds)

COUNTERPART SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT
AND THE DEVELOPER, REGARDING THE ACQUISITION OF CERTAIN WORK PRODUCT AND INFRASTRUCTURE

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first set forth above.

DISTRICT:

OLD IDCKORY COMMUNITY DEVELOPMENT DISTRICT,
a Florida community development district

By: 	_
Print 	_
Title: ------------

Acquisition Agreement
Old HickOJY (Series 2020 Bonds)

S-2

EXHIBIT "A"

Legal Description

(See following pageJ

Acquisition Agreemoot
Old Hickory Comm1lllity DeveloplllCIII District (Series 2020 Bonds)

Exhibit "A"

LEGAL DESCRIPTION

DESCRIPTION: (As per Title Commitment Issuing Office File Number 111657-000055 and Order Number 7541377 issued by Chicago Title Insurance Company bearing an effective date of March 12, 2019 at 11:00PM)

Parcel I:
Lots 49, SO, 63, 64, 65, 80, 81, 82, 95, 96, 97, 98, 111, 112, 113, 114, 127 & 128, THE SEMINOLE LAND and INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION 13, TOWNSHIP 26 SOUTH, RANGE
30 EAST, according to the plat thereof of as recorded in Plat Book 118 11, Page 4, Public Records of Osceola County, Florida.
Less that portion conveyed to the Oty of St, Cloud by Warranty Deed recorded in Official Records Book 3751, Page 2231, Public Records of Osceola County, Florida, described as follows:
A portion of Lots 63 and 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, as recorded in Plat Book B, Page 4, Public Records of Osceola County, Florida, being more particularly described as follows: Commence at the East 1/4 corner of Section 13, Township 26 South, Range 30 East, Osceola County, Florida, said point being a 6"X6" concrete monument (no identification); thence North 89°49'48" West along the North line of the Southeast 1/4 of said Section 13, a distance of 20.00 feet; thence departing said North line, North 00°01'16" East, a distance of 17.50 feet to the Southeast corner of Lot 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, as recorded in Plat Book B, Page 4, Public Records of Osceola County, Florida, said point also being at the intersection of the North right of way line of a 35 foot platted right of way per said plat and the West right of way line of a 40 foot platted right of way per said plat and the POINT OF BEGINNING; thence North 89"49'48" West along the South line of said Lot 64 and Lot 63 of said plat and along said North right of way line, a distance of 1285.10 feet to the Southwest corner of said Lot 63, said point being at the intersection of said North right of way line and the East right of way line of a 35 foot platted right of way per said plat; thence North 00°0110511  West along said East right of way line and along the West line of said Lot 63, a distance 40.56 feet; thence departing said East right of way line and said West line, South 89°51'4911 East, a distance of 1285.13 feet to a point on the East line of said Lot 64 and said West right of way line; thence South 00°01'16" West along said East line and said West right of way line, a distance of 41,31 feet to the POINT OF BEGINNING.

Parcel 1 containing 17.557 acres more or less.

Parcel 2:
Lots 1, 2, 15, 16, 17, 18,31,32,33,34,35,36,45,46,47,48,51,52,61, & 62, THE SEMINOLE LAND and INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION 24, TOWNSHIP 26 SOUTH, RANGE 30
EAST, according to the plat thereof of as recorded in Plat Book 11B11,   Page 11,  Public Records of Osceola County, Florida.
Less that portion conveyed to The School Board of Osceola County, Florida by Special Warranty Deed
recorded in Official Records Book 3795, Page 1751, Public Records of Osceola County, Florida, described as follows:
A parcel of land being a portion of Lots 32, 33, 34, 47, and 48, of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, as recorded in Plat Book B, Page 11, Public Records of Osceola County, Florida, being more particularly described as follows:

Commence at the Southeast corner of the Northeast Quarter of said Section 24; thence run NOO"l7'36"E along the east line of said Northeast Quarter a distance of 658,88 feet; thence departing said East line run N89°54'13"W a distance of 20.00 feet to the Southeast corner of the aforementioned Lot 48 and the Point of Beginning; thence N89°54'13"W, along the South line of said Lot 48 and the South line of Lot 47 of said subdivision, a distance of 1033.34 feet; thence departing said South line run N00°05'47"E, a distance of 476.45 feet; thence N89"44'02"W, a distance of 206.63 feet to a point on a curve concave Northwesterly, having a central angle of 56°03'43" and a radius of 125.00 feet; thence from a tangent bearing of S89 °44'02"E, run Northeasterly, along the arc of said curve, a distance of 122,31feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 49°49'54" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 32.18 feet to the point of reverse curvature of a curve concave Northwesterly, having a central angle of 56°50'05" and a radius of 100,00 feet; thence run Northeasterly, along the arc of said curve, a distance of 99.20 feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 63°05'32" and a radius of 37.00 feet ; thence run Northeasterly, along the arc of said curve, a distance of 40.74 feet to the point of tangency; thence S89°42'24"E, a distance of 561.02 feet to the point of curvature of a curve concave Northwesterly, having a central angle of 23°52'44" and a radius of 400.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 166.71 feet to  the point of reverse curvature of a curve concave Southeasterly, having a central angle of 23°52'44" and a radius of 400.00 feet; thence run Nort heasterly, along the arc of said curve, a distance of 166.71 feet to the point of tangency; thence S89°42'24"E, a distance of 115.12 feet to a point on the East line of Lot 32 of the aforesaid plat of the Seminole Land and Investment Company 's (Incorporated) Subdivision of Section 24, Township 26 So uth, Range 30 East ; thence S00"17'36"W, along said East line and along the East line of lots 33 and 48 of said plat of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, a distance of 687.08 feet to the Point of Beginning.

Parcel 3:
Lots 66 and 79, THE SEMINOLE LAND & INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION
13, TOWNSHIP 26 SOUTH, RANGE 30 EAST, according to the plat thereof of as recorded In Plat Book "B", Page 4, Public Records of Osceola County, Florida.
Together with all of seller's right, title and int erest, if any, In and to any vacated platted rights of way adjacent to any of the above referenced Lot s.

Parcels 2 and 3 together containing 157.838 acres more or less.

Parcel 4: (Easementl
TOGETHER WITH: Nonexclusive1 Temporary Construction Easement for the benefit of Parcels 1, 2 and 3, as set forth in that certain Temporary Construction Easement Agreement by and between The School Board Of Osceola County, Florida, a Florida political subdivision, and Strategic Capital Resources, Inc., a Florida corporation, recorded February 6, 2009 In Official Records Book 3795, Page 1757, over, under
and across the lands described therein . Altogether containing 175.395 acres more or less.

EXHIBIT "B"

Engineer's Report

[See following page)

Acquisition Agreement
OldHickory Community Development District tSeriog2020 Bonds)

II?
H A M I LT O N
ENGINEERING l!t S U R V E Y I N G , I N C .

Exhibit "B"

Old	H icko ry
Community Development District

Engineer's Report
June 1, 2020

Prepared For:
The Board of Supervisors
Old Hickory Community Development District City of St. Cloud, Osceola County, Florida

TAMPAOFRCE
3409 W. Lemon Street
Ta mpa , Fl 33  ·1 433
p. 813.250.3535
r. a 13.2S0.3636

ORLANDO OFACE
775 Worner Lone
Orlando, Fl 32803
p. 407.362.5929

WWW.HAMILTONENGI NEERNI G  .US

Section

1.0	Table of Contents

Introduction	

Page

1	
2.0	Purpose	1	
3.0	Land Use and Zoning	1	
4.0	Existing Conditions	1	
5.0	Infrastructure Improvements	1	
	5.1 Sitework and Drainage	1	
	5.2 Roadway Improvements	2	
	5.3 Stormwater Management	2	
	5.4 Utilities	2	
	5.5 Amenities	3	
	5.6 Landscaping and Hardscape	3	
6.0	Estimate of Probable Construction Costs	3	
7.0	Ownership and Maintenance Authority	4	
8.0	Status of Permits and Approvals	4	
9.0	Conclusion and Engineer's Opinion	4	

Tables			
Table 1	Development Program	2	
Table 2	Estimate of Total Probable Cost - Engineer's Opinion	3	
Table 3	District Project Maintenance and Ownership	4	

Exhibits

Exhibit 1
Exhibit 2

Vicinity Map District Boundaries

Exhibits 2a-2b Legal Descriptions Exhibit 3	Future land Use Map

Exhibit 4
Exhibit 5

Existing Utilities
Approved PUD Master Development Plan

BamiltonEngioccting:md Surveying, In .
Old Hickory COO Master Engl neer's Report	May 2020	Page l

Old Hickory Community Development District

Engineer's Report

1.0 Introduction
Old Hickory (the UDevelopmenr) is a 175.395 acres single-family residential development located within the City of St. Cloud, Florida. It is located on the eastern edge of the City of St. Cloud, on the north and south sides of Nolte Road, approximately 0.5-miles west of Old Hickory Tree Road in Sections 13 and 24, Township	26	South,	Range	30	East.	The Development is accessed directly from Nolte Road.

The Development is being developed by Lennar Homes, LLC {the "Master Developer") and is approved for 451 single-family detached residential units. Table 1 on the following page identifies the overall development program for the project as defined below,

The Old Hickory Community Development District (the "District") has been established for the purposes of financing the acquisition and/or construction of certain public infrastructure necessary for funding and to support the orderly development of the District (seeExhibit 1).

2.0 Purpose
The purpose of this report Is to generally describe the public infrastructure improvements that may be funded by the District in one or more series of bonds/notes and provide an estimate of the engineer's opinion of probable costs for those improvements. Such improvements are necessary for the Development (herein the "Projec"t).

The total acreage contemplated for the District is
175.395 acres, and the boundaries are coterminous with the boundaries of the Development.

3.0	Land Use and Zoning
The existing zoning of the property is Planned Unit Development (PUD) and the Land Use Is Medium Density Residential (MOR). This type of zoning and land use does not permit short-term rental uses.

The overall Development will include a mix of 50-ft and 60-ft wide lots for permanent residents only. A recreational amenity is anticipated to be constructed by the Master Developer  to serve the (?ev  l pment 	

Such recreational amenity will be available for use only by residents of the Development and is not part of the Project.

4.0 Existing Conditions
The Development is located on former pasture lands with a portion of the site lying within the 100-yr flood plain in Zone AE. The engineering design requires the developed area of the site to be filled to remove It from the flood plain. FIii for the Project will be obtained from on-site stormwater detention ponds. No costs of transporting the fill or use to or for the private lots will be funded by the District. Other areas of the site will be excavated to provide compensating storage to balance the fill placed within the flood prone areas (see Exhibit 4 Aerial Map).
There are approximately 22.53 acres of preserved wetlands (see Table 1).

Infrastructure Improvements
The District intends to finance and/or acquire the Project which will consist of certain public infrastructure improvements that will benefit the Development. Some of the infrastructure financed by the District will be transferred to other local governments    or   public    entities   for   ownership, operation and maintenance as applicable pursuant to the service provided. Except for improvements that will be ultimately owned by other units of local governments, all improvements financed with the Bonds will be on land initially owned by the District or on lands subject to a permanent easement in favor of the District.

This section of the report details the Infrastructure improvements that may be financed and/or acquired by the District.

Site Work and Drainage
The Project sitework, grading and drainage improvements include grading necessary for constructing the secondary drainage conveyance systems consisting of curbs, gutters, inlets and culverts to convey the stormwater runoff to the proposed stormwater detention ponds. Only the grading and stabilization necessary to provide positive drainage for these conveyance systems within the roadway rights of way will be funded by the District. Individual lot filling, grading and retaining walls will be funded by the Master Developer or by other private funding sources.

H>tmilton fi11gi neuring and Surv ying. Tnc.
Old Hi<lkOIY COO Master Engineer's Report	May 2020	Page 1

Table 1 - Development Program	

Phase	
Description	
Land Use	Dev. Area
(acres)	Residential Single Family	
Total Units	
				50-ft	60-ft		
1	Residential	MDR		49	19	68	
2-4	Residential	MDR		224	159	383	
Sub-Totals	Residential	105,06	273	178	451	
	Stormwater Ponds	36.31				
	Open Space, Recreation, Buffers	8.685				
	WeUand Conservation and Buffers	25.34				
Total		175.395				
MOR = Medium Density Residential	

Roadway Improvements
The Project's main public roadway access will connect to Nolte Road on the north. There are cross­ connections with adjacent developments along the eastern and southwestern property lines. Roadway improvements consist of the construction of 2-lane local roadways within the Development. All internal Project roadways are planned to be public roads and will be constructed to City of St. Cloud standards and specifications.
The structural portion of the public roadways including the pavement base and asphalt, signing and striping, sidewalks, and landscaping will be funded by the District.
Roadway improvements funded by the District may consist of pavement asphalt, base, sub-base stabilization, signing and striping, sidewalks, landscaping, and the secondary drainage system including curb and gutters, inlets and culverts.

Stormwater Management
The primary stormwater management system includes the acquisition and/or construction of the stormwater management ponds, culverts, control structures, and outfall swales. The stormwater management ponds within the Project include seven
(7) wet detention ponds. Stormwater runoff will be routed to the detention ponds for water quality treatment and peak storm attenuation. Discharge of stormwater from the wet detention ponds will be through permitted control structures and spreader swales.

Utilities
The Project is within the St. Cloud Utilities service area ("StCU") and the utilities will be designed to StCU standards. Upon clearance for use and acceptance by StCU, the District intends to convey these utilities to StCU for ownership, operation and maintenance.
The water main system includes mains, laterals, fittings, valves, and fire hydrants connecting to the existing StCU water main along Nolte Road.
The reclaimed water main system includes reclaimed water mains, laterals, fittings, valves, and service tees for irrigation of the landscaping along the roads. The reuse system will connect to an offsite 24-inch reuse main and stub out to a future connection on Nolte Road. Individual lot services are not funded by the District.
The sanitary sewer system includes gravity sanitary sewer mains and manholes, as well as one (1) lift station and the force main necessary to connect to the existing StCU off-site force main system along Nolte Road (see Exhibit 5).
The Project is also within the service areas of Orlando Utilities Commission (OUC), and Centurylink. These utility providers will provide electric power, telephone, and cable services to the District within the District roadway corridors and will be operated and maintained by such utility providers. Only the differential cost between overhead and underground construction of electric utilities may be financed by the District. Phone and cable utility costs will be funded by the Master Developer or by other private funding sources.

Hamilto n ngincetlng and urvcying, Inc.
Old Hickory COD Master E11_gi n eer's Report	May2020	Page

Amenity
Phase 2 of the Project is anticipated to include a recreational amenity. This amenity Is anticipated to be private and funded by the Master Developer or other private funding sources. No District funds will be used to fund the amenity.
Landscaping and Hardscape
landscaping includes landscaping within the Project's entry drive rights-of-way and perimeter buffers.
Entry features to the District consisting of landscaping and hardscape will be constructed within the public access roadway and landscape parcels.

Estimate of Probable Construction Cost
Table 2 below summarizes the engineer's opinion of the estimate of total probable construction costs for

the District financed components of the Project. These estimates are based on the engineer's understanding of the proposed development program and District activities, and recent experience with construction costs in the vicinity. Future events may occur (including existing conditions, construction means, methods, and materials; changes In regulatory criteria; market demands; development program changes; etc.) which could alter these estimates significantly.

The total estimated opinion of probable construction cost for the Project Phases Mass Grade, 1 and 2 improvements is $12,402,000. The total estimated cost for the Project Phases 3 and 4 is $4,405,000. The total estimated opinion of probable construction costs for the Project is $16,807,000. These costs are categorized in Table 2 below.

Table 2 Estimate of Total Probable Costs	

Item	
Description	Mass Grade, Phases 1 and 2
2019-2020	Phases 3 and4 2020-2021	Total Estimated Budget	
1	Earthwork, Survey, Stormwater Ponds & Erosion Control	$2,947,246	$213,174	$3,160,420	
2	Roads1	$2,138,243	$821,545	$2,959,788	
3	Storm Drainage	$1,471,137	$735,228	$2,206,363	
4	Potable Water	$824,414	$453,576	$1,277,990	
5	Sanitary Sewer	$1,601,202	$527,703	$2,128,905	
6	Reclaimed Water	$0	$0	$0	
7	Landscaping, Irrigation, Sod for Ponds & Swales	$287,321	$137,992	$425,313	
8	Hardscape Features	$75 ,000	$0	$75,000	
9	Offsite Roadway and Utility Improvements	$0	$0	$0	
10	Prof Fees - Testing & lnspectlon2	$532,314	$179,052	$711,366	
11	Water and Sewer Utility Impact Fees {80% balance)3	$1,397,784	$937,033	$2,334,817	
	Sub-Total	$11,274,661	$4,005,301	$15,279,962	
	Contingency	$1,127,339	$399,699	$1,527,038	
	Total	$12,402,000	$4,405,000	$16,807,000	
Roadway Improvements wm be open to the pUb!lc and wWI be built In public rights-o f-way.
Only fees relating to the District's Project are Included.
3, Fees paid upfront lo the City or SL Cloud by the Master Developer on behalf of the Olsl/lct.

Hum.ittun lfogin•cring and 'urveying, }nc.
OldHickory COO Master Englnoor's Report	May 2020	Page

7.0 Ownership and Maintenance Authority

Table 3 below lists the Project infrastructure and the future ownership and maintenance authority.

Table 3 - District Project Maintenance and Ownership	
Item No.	Infrastructure	Financed By	Maintenance	Ownership	
1	Public Roads	District	St. Cloud	St. Cloud	
2	Stormwater Ponds	District	District	District	
3	Street Drainage System	District	District	District	
4	Utilities - Water and Sanitary Sewer	District	STCU	STCU	
5	Landscape, Irrigation and entry features In Public Rights of Way	District	District	District	

8.0	Status- of Permits and Approvals
Final construction plans of the Project have been permitted by The City of St. Cloud, STCU, the Florida Department of Environmental Protection, and the South Florida Water Management District. All permits/approvals necessary for construction have been obtained or are expected to be obtained in the ordinary course of development. All permits for operation and maintenance will be obtained and transferred to the District or other public agencies.

9.0	Conclusion and Engineer's Opinion
It is our opinion that the costs to complete the Project infrastructure improvements as described in this report are reasonable and that these infrastructure improvements will benefit and add value to the lands within the District in excess of the costs of such improvements, and these infrastructure costs are for public improvements or community facilities as set forth in Section

intended as an estimate of the total cost to construct all private and public improvements for the Development. The estimated cost is based on contract prices and current construction costs for similar public work in the City of St. Cloud and Osceola County as may be applied to this development. Due to material cost fluctuations and differences in contractor bids at the time the Project may be constructed, the final cost may be more or less than this estimate. Changes in the scope of work or final construction plans may also result In changes to the estimated constructio·ncost. All infrastructure purchased by the District will be the lower of actual cost or fair market value.

As long as the development remains consistent with the approved construction plans, it is my opinion that the proposed infrastructure improvements can be completed within the estimate of probable cost for those portions of the Project.

,Q

190.012(1) and (2) of the Florida Statutes.	 	

The estimate of probable cost of the listed

improvements is only an estimate and not a guaranteed maximum price and is only for those District funded portions of the Project. It Is not

David A. Reid, PE
Florida PE License #38794

Hamilton Engineering & Surveying, Inc.
Eng . Business Certificate of Authorizatlon No. 8474

H:11.rn.ilton Engineering and urvcying, Inc.
Old Hickory COD Master Engineer's Repon	May 2020	Page

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ENGINEERING & S U R V E Y I N G I N C
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LEGAL DESCRIPTION

DESCRIPTION: (As per Title Commitment Issuing Office File Number 111657-000055 and Order Number 7541377 issued by Chicago Title Insurance Company bearing an effective date of March 12, 2019 at 11:00PM)

Parcel I.:
Lots 49, 50, 63, 64, 65, 80, 81, 82, 95, 96, 97, 98, 111,112,113, 114,127 & 128, THE SEMINOLE LAND and INVESTMENT CO.'S (INCORPORATED) SUBDIVISIONOF SECTION 13, TOWNSHIP 26 SOUTH, RANGE
30 EAST, according to the plat thereof of asrecorded In Plat Book "B", Page 4, Public Records of Osceola County, Florida.
Less that portion conveyed to the City of St, Cloud by Warranty Deed recorded in Official Records Book 3751, Page 2231, Public Records of Osceola County, Florida, described as follows:
Aportion of Lots 63 and 64, Seminole Land and Investment Company's (Incorporated) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, asrecorded in Plat Book B, Page 4, Public Records of Osceola County, Florida, being more particularly described as follows: Commence at the East 1/4 corner of Section 13, Township 26 South,Range 30 East, Osceola County,
Florida, said point being a 6"X6" concrete monument (no identification); thence North 89°49'48" West
along the North line of the Southeast 1/4 of said Section 13, a distance of 20.00 feet; thence departing said North line, North 00°01'16" East, a distance of 17.50 feet to the Southeast corner of Lot 64, Seminole Land and Investment Company's (Incorporat ed) Subdivision of Section 13, Township 26 South, Range 30 East, according to the platthereof, as recorded in Plat Book B, Page 4, Public Records of
Osceola County, Florida, saidpoint alsobeing at the .intersection of the North right of wayline of a 35 foot platted right of way persaid plat andthe West right of wayline of a 40foot platted right of way per said plat andthe POINT OF BEGINNING; thence North 89°49'48" West along the South line of said Lot 64 and Lot 63 of said plat andalong said North right of wayline, a distance of 1285.10 feet to the Southwest cornerof said Lot 63, said point being at the Intersection of said North right of wayline and the East right of wayline of a 35foot platted right of wayper said plat; thence North 00°01'05" West
along said East right of wayline and along the West line of said Lot 63, a distance 40.56 feet;thence departing said East right of way line andsaid West line, South 89°51'49" East, a distance of 1285.13 feet to a point on the East line of said Lot 64 and said West right of wayline; thence South 00"01'16" West
alongsaid East line and said West right of way line, a distance of 41,31feet to the POINT OF BEGINNING. Parcel1 containing 17.557 acres more or less.
Parcel 2:
Lots 1, 2, 15, 16, 17, 18,31,32;33,34,35,36,45,46,47,48151,52,61, & 62, THE SEMINOLE LAND and INVESTMENT CO.'S (INCORPORATED) SUBDIVISIONOF SECTION 24, TOWNSHIP 26 SOUTH, RANGE 30

,

EAST, according to  the platthereof of asrecorded in Plat Book 11811     Page 11, Public Records of Osceola
County, Florida.
Lessthat portion conveyed to The Schoo l Board of Osceola County, Florida by Special Warranty Deed recorded in Official Records Book 3795, Page 1751, Public Records of Osceola County, Florida, described as follows:
A parcel of land being a portion of Lots 32, 33, 34, 47, and 48, of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, as recorded in Plat Book B, Page 11, Public Records of Osceola County, Florida, being more pa"rt icularly	described as follows:

Exhibit 2a

Commence at the Southeast corner of the Northeast Quarter of said Section 24; thence run N00"t7'36"E along the east line of said Northeast Quarter a distance of 658,88 feet; thence departing said East line run N89"54'13"W a distance of 20.00 feet to the Southeast corner of the aforementioned Lot 48 and the Point of Beginning; thence N89"54'1311W, along the South line of said Lot 48 and the South line of Lot 47 of said subdivision, a distance of 1033.34 feet; thence departing said South line run N00"05'47"E, a distance of 476.45 feet; thence N89°44'02"W, a distance of 206.63 feet to a point on a curve concave Northwesterly, having a central angle of 56°03'43" and a radius of 125.00 feet; thence from a tangent bearing of S89"44'02"E, run Northeasterly, along the arc of said curve, a distance of 122,31feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 49"49'54" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 32.18 feet to the point of reverse curvature of a curve concave Northwesterly, having a central angle of 56°50'05" and a radius of 100,00 feet; thence run Northeasterly, along the arc of said curve, a distance of 99.20 feetto thepoint of reverse curvature of a curve concave Southeasterly, having a central angle of 63°05'32" and a radius of 37.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 40.74 feet to the point of tangency; thence S89"42'24"E, a distance of 561.02 feet to the point of curvature of a curve concave Northwesterly, having a central angle of 23°52'44" and a radius of 400.00 feet; thence run Northeasterly, along the arc of said curve, a distance of 166.71 feet to the point of reverse curvature of a curve concave Southeasterly, having a central angle of 23°52'44" and a radius of 400.00 feet; thence
run Northeasterly, along the arc of said curve, a distance of 166.71 feet to the point of tangency; thence S89"42'24"E, a distance of 115.12 feet to a point on the East line of Lot 32 of the aforesaid plat of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East; thence S00°17'36"W, along said East line and along the East line of Lots 33 and 48 of said plat of the Seminole Land and Investment Company's (Incorporated) Subdivision of Section 24, Township 26 South, Range 30 East, a distance of 687.08 feet to the Point of Beginning.

Parcel 3:
Lots 66 and 79, THE SEMINOLE LAND & INVESTMENT CO.'S (INCORPORATED) SUBDIVISION OF SECTION
13, TOWNSHIP 26 SOUTH, RANGE 30 EAST, according to the plat thereof of as recorded in Plat Book "B", Page 4, Public Records of Osceola County, Florida.
Together with all of seller's right , title and interest, If any, in and to any vacated platted rights of way adjacent to any of the above referenced Lots.

Parcels 2 and 3 together containing 157.838 acres more or less.

Parcel 4: (Easement )
TOGETHER WITH: Nonexclusive, Temporary Construction Easement for the benefit of Parcels 1, 2 and 3, as set forth in that certain Temporary Construction Easement Agreement by and between The School Board Of Osceola County, Florida, a Florida political subdivision, and Strategic Capital Resources, Inc ., a Florida corporation, recorded February 6, 2009 in Official Records Book 3795, Page 1757, over, under and across the lands described therein.

Altogether containing 175.395 acres more or less.

Exhibit 2b

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LOW DENSITY RESIDENTIAL (LOR) MEDIUM DENSITY RESIDENTIAL (MOR)
FUTURE LAND USE MAP-
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT
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ABREVIATION

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ENGINEERING   &  S U RV E Y I N G     I N C
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RM	RE-USE MAIN
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UTILITY LOCATIOf-rMAP
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

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APPROVED P:U:1'.J'.i vtASTER PLAN
OLD HICKORY COMMUNITY DEVELOPMENT DISTRICT

5

EXHIBIT "C"

Improvements to be Acquired

Stormwater management facilities (pipes, drainage structures, outfalls) and related earthwork for stormwater pond excavation and dewatering);
Roadways, alleys, pavement markings and signage for District roads, and pavement asphalt, base, sub-base stabilization, sidewalks, landscaping, and the secondary drainage system including curb and gutters, inlets and culverts;
Potable water, reclaimed water and sanitary sewer systems (lift station, pipes, fittings and valves) and connection fees;
Electrical distribution and street lighting;
Recreational Facilities and amenities;
Landscape, hard.scape and irrigation (anticipated to include perimeter landscape buffers, master signage, way finding signage, entry bard.scape features, amenity area landscape, pedestrian/multipurpose trails and street trees); and

together with all real property underlying the Improvements.

Acquisition Agreemeor
Old HickoryCommunity Development District (Series2020 Bond )

EXBJBIT ''D"

Work Product

All architectural, engineering, landscape design, construction and other professional work product related to the Improvements including but not limited to plans, specifications, designs, drawings permit applications and permits, surveys, and the like.

Acquisi fio·n Agreement
Old Hickory Com 1Dw1ity Developmeat Di lrict (Serles 2020 Boads)

S ECTION IX

S ECTION C

Old Hickory
Community Development District	FV20 F\lnding Request 111
May 14, 2020

 	Payee	General Fund

Funds to  Open Operating Account	$	5, 000.00

Insurance• Fiscal Year 2020	$	2,500.00

Legal Advertising	$	5,000 .00

VGlobal  Tech• Website Creation/ADA  Compliance	$	2,375.00

t :.::: -.- ....:

Total:	$	14,875.00

Please make check payable10 :

Old Hickory Community Development District
1408 Hamlfn Avenue, Unit E
St.Cloud, FL 34771