Tohoqua

Community Development District

Agenda

June

5,

2019

-

A

GE

N-

□

A

Tohoqua

Community Development District

135 W.

Central Blvd., Suite 320, Orlando, Florida 32801 Phone: 407-841-5524 - Fax: 407-839-1526

May

29,

2019

Board of Tohoqua

Supervisors

Community

Development

District

Dear Board Members:										
The	regular   meeting	of	the	Board	of  Supervisors	of	Tohoqua	Community		
										
Development District									
	will be held Wednesday, June 5, 2019 at 9:00	AM at the West		
Osceola Branch Library, 305 Campus Street, Kissimmee,	Florida.	Following is the		

advance agenda for

the

meeting:

1.

2.

3.

4.

5.

6.

7.
8.

9.

Roll Call						
Public Comment Period				
Organizational Matters				
A.	Appointment	of  Individual  to  Fulfill  the  Board  Vacancy	with		
					
B.	Ending November 2019				
	Administration of Oath to Newly Appointed Supervisor			
C.				
	Consideration of Resolution 2019-04 Electing Assistant Secretary		
Approval of	Minutes	of the May 1, 2019	Board of Supervisors Meeting		
						
Consideration of Amenities			
				
Staff Reports		Management Agreement			
						
A.	Attorney					
B.	Engineer					
C.	District Manager's Report				
					
	i.	Approval of Check Register			
	ii.				
Other		Balance	Sheet and Income	Statement			
	Business					
						
Supervisors Requests					
Adjournment					

a

Term

The second order of business is the Public	Comment Period where the public	
opportunity to be heard on	propositions coming before the	Board as reflected	
agenda, and any other items.				

has on

an the

The third order of business is	Organizational Matters.		
individual to fulfill the Board vacancy	Section A is the discussion of an		
	with a term ending November 2019. Section C is		
the  Administration  of	Oath	to  the	newly  appointed  Officer.  Section  D  is  the		

consideration of enclosed for your

Resolution review.

2019-04

electing	officers.	A

copy

of

the

Resolution

1s

The fourth order of business is the approval of Supervisors meeting. The minutes are enclosed

the for

minutes of the your review.

May

1, 2019

Board of

The seventh agreement. A

order of business is copy of the agreement

the consideration is enclosed for your

of the amenities review.

management

The eighth					
order of business is Staff	Reports.  Section C is the District Manager's Report.	
Sub-Section 1 includes approval	of the check register being	presented.	Sub-Section 2	
includes the					
balance sheet and income			
		statement for review.			

The balance should have

of the agenda any questions,

will be discussed please contact me.

at

the meeting.

In

the

meantime,

if

you

Sincerely,

George S. Flint

District Manager

CC:	Jan A. Carpenter, District Counsel

Eric Warren, District Engineer
Mike Williams, Bond Counsel
Brett Sealy, Underwriter

Darrin

Mossing, GMS

Enclosures

SECTION

Ill

SECTl"ON

C

RESOLUTION 2019-04

A	RESOLUTION DEVELOPMENT

OF

THE	TOHOQUA	COMMUNITY

DISTRICT	ELECTING

--------------	ASSISTANT		
AS			
SECRETARY OF THE BOARD OF SUPERVISORS		

WHEREAS, the Board of Supervisors desires to elect ___________

of  the	Tohoqua	Community		
as an				
				
Assistant Secretary.		

District

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

1.

Board

___________

of Supervisors.

is	elected  Assistant  Secretary  of  the	

Adopted

this

5

th

day

of June, 2019.

Secretary/ Assistant Secretary

Chairman/Vice

Chairman

MINUTES OF MEETING

TOHOQUA

COMMUNITY DEVELOPMENT DISTRICT

The	Regular	Meeting

of

the	Board

of

Supervisors

of

the	Tohoqua	Community

Development District was held on Wednesday, May Branch Library, 305 Campus Street, Kissimmee, FL.

1,

2019 at 9:00 a.m., at the West Osceola

Present and constituting a quorum were:			
Andre Vidrine	Chairman		
Marcus Hooker	Vice Chairman		
James Dowd	Assistant Secretary		
Also present were:			
Darrin Mossing	District Manager		
Andrew d' Ade sky	District Counsel		
Darrin Mossing, Jr.			
	GMS		
Alan Scheerer	Field Manager		

FIRST ORDER OF BUSINESS

Roll Call

Mr. Mossing

called the

meeting

to

order at 9:00 a.m. and called the roll.

SECOND ORDER OF BUSINESS

Public Comment Period

Mr. Mossing:

There

are no members

of

the public in attendance at this time.

TIDRD ORDER OF BUSINESS

Organizational Matters

A.

Acceptance

of

Resignation

of

Keith Trace

Mr.  Mossing:  We  received	a resignation from Keith	Trace, which	is enclosed		
						
agenda package. Keith was an important person to the	organization,	to	the District, and		
						
Developer. Everybody was								
disappointed to hear he was	leaving, but it sounds like it is for		
				
reason. We need a								
motion for the Board to accept the resignation.					
On MOTION by Mr. Vidrine, seconded by Mr. Hooker, with all in		
favor, Keith Trace's resignation was accepted.						

in the to the a good

May I, 2019	TohoquaCDD		

B.

Appointment of Individual November 2019

to

Fulfill the Board Vacancy with a Term Ending

Mr. Mossing: Does the Board have any one they would like to nominate for the position?		
Mr. Vidrine: I nominate Jason Good.			
Mr.	Mossing:	Are there any other nominations? Hearing none, I would ask for a motion		
					
to appoint Jason Good to fill the unexpired term.			
	On MOTION by Mr. Dowd, seconded by Mr. Hooker, with all in		
	favor,	appointment of Jason Good to	fulfill  the  Board Vacancy		
					
	with a Term Ending November 2019, was approved.		

C.

Administration

of

Oath

of Office

to

Newly Appointed Supervisor

Mr. Mossing: Since Mr. Good is not in attendance, we will continue this item to the next

agenda when Mr. Good is present. Andre, please let him know he is welcome to come to our

office if necessary.

Mr. Vidrine: That will work.

D.

Consideration

of

Resolution 2019-01 Electing Officers

	Mr.	of						
		Mossing: The current slate							
			officers is Andre Vidrine as Chairman, Marcus Hooker		
as Vice Chairman, James Dowd as Assistant Secretary, George Flint as  Secretary, and Ariel		
Lovera as	Treasurer. Our recommendation		Good an Assistant Secretary.	If		
			would be to make Mr.				
the	Board is comfortable  with keeping the  other officers  in their  same positions, there  is	a		
				
resolution that was enclosed in your agenda that	I would ask you to	approve. It is Resolution		
								
2019-01 Electing Officers.							
		On							
		MOTION by Mr. Vidrine,						
			seconded by Mr. Dowd, with all in			
		favor, Resolution 2019-01 Electing Officers, was approved.			
FOURTH ORDER OF BUSINESS		Approval of	Minutes of the November 7,		
							
				2018 Board of				
					Supervisors Meeting			
	Mr. Mossing: The minutes are enclosed in your agenda package. Does the Board have		
any questions,  comments, addition or deletions? Hearing none,	I would ask for a motion to		
approve.								

2

May

1,

2019

TohoquaCDD

On MOTION by Mr. Vidrine, seconded by		
favor, the	2018		
minutes of the November 7,			
meeting, were approved, as presented.			

Mr. Dowd, with all in Board of Supervisors

FIFTH ORDER OF BUSINESS						Consideration	of	Resolution   2019-03		
								Approving the Proposed Fiscal Year 2020		
Mr.		Mossing: The proposed						Budget and Setting a Public Hearing		
			budget was included in your				
										agenda package. This is the start		
of our budget process. At this												
		meeting, we will ask that the Board to approve this budget versus		
adopting it.	The approval starts the	budget process. We have tentatively scheduled the public		
						
hearing to adopt the					2019							
		budget on the August 7,		meeting. We are not asking for any action on		
										
this budget except for one item. There are approximately 90 days between now and the public		
hearing, and we can change the budget	throughout that process	if				
										necessary. The only difference		
would be, if the												
		Board was considering increases the assessments from the prior year based upon		
the mailed notice, there would be additional actions that the District would need to take. Last		
year the District adopted a budget with a 30%	discount in the per unit assessments because of the		
									
delay in opening the Amenity Center. The Amenity Center is anticipated to be open for the better		
part of the fiscal year for 2020. So, our recommendation is to	remove that discount and approve		
											
this budget with the full planned per unit assessments.						
Mr.	Vidrine: I think that is a great plan of action.						
							
Mr.		Mossing:  That motion will	include the removal		of the	Phase  1 Amenity  Center		

													

discount.

Mr.

adopted.

d'

Adesky:  Once again, this is only	a proposed	budget.	It	can change before it is		

On MOTION by Mr. Vidrine, seconded by Mr. Hooker, with all in	
favor,  Resolution  2019-03  Approving  the  Proposed Fiscal  Year	
2020 Budget and Setting a Public	Hearing for August 7, 2019, at	
the West Osceola Branch Library, 305 Campus Street, Kissimmee,	
FL, was approved.		

SIXTH ORDER OF BUSINESS	Ratification	of	Aquatic		
					
	Management	Agreement  with		
Mr.  Mossing:  The  agreement  was	Aquatic Management, Inc.		
	included  in  your  agenda  package.  If you		
			
questions regarding that agreement or those services Alan Scheerer can answer them.		

Plant Applied

have  any

3

May

1,

2019

TohoquaCDD

Mr.

Hooker: Is it for one specific pond?

Mr.  Scheerer:  Three  ponds.	Andre  had  sent  us  a  list		of	ponds  if you  want  it  under		
									
maintenance right away, and George felt comfortable in executing the	agreement in advance of		
													
this Board meeting. Like Darrin said, we are just looking for ratification and the maintenance has		
already been					of								
	ongoing. We do have a couple		other ponds. There is the number four pond that		
									
has not been released to the District. The	engineers did approve of the	pond, but the District has		

not accepted it yet. There is also the amenity pond which we have a				
										pricing for. I do not believe		
that has been released to the District for maintenance.							
Mr. d' Adesky: This is what Andre and I spoke about privately involving the other ponds.		
There might be some ponds that	want to go	to	the District for	maintenance sooner rather than		

later. The documents show that and Joe Thacker, your attorney, is familiar with those. She has all		
of														
those documents. We need to make sure we own them before we start	maintaining them. It		
														
does not take long to convey them	over.	If that comes up between				
										meetings, we should just go		
ahead and do the	conveyances and ratify them at the next meeting.					
							
Mr.  Scheerer: I already have pricing on those other two ponds, not only for the aquatic		
maintenance, but Earth Tech provided me numbers for mowing. There is money in the budget to		
accomplish both.													
Mr. Vidrine: Will you show us that map?								
Mr. Scheerer: They are labeled "C," "D," and "E." Those tracts	came off of the plat, but		
													
that was a make shift map.	1,	2 and 3 are the ones under							
		Ponds			maintenance. Ponds 4 and 5 need		
										
to be accepted into the District.												
Mr.	Mossing: Are there any more questions? Hearing none,	I would ask for a motion to		

ratify

.

On MOTION by Mr. Hooker, seconded favor, the Aquatic Plant Management Aquatic Management, Inc. was ratified.

by Mr. Dowd, with all in Agreement with Applied

SEVENTH ORDER OF BUSINESS	Staff Reports	
A.	Attorney		

Mr. d' Adesky: The one management services. We have that was depicted in the contract

item  we  are working on is the agreement to provide on-site	
spoken		
George about some of the	
	structure. The exact structure	
that was used somewhere else does not really work, but we have	

4

May

1,

2019

TohoquaCDD

other templates to follow.

within the week.

We

are

currently

piecing that together

and

we

should have that done

B.	Engineer

have

to

Mr. Mossing: The Engineer is not here. Mr. Vidrine: We can call him if needed. I Mr. d' Adesky: He needs to be aware that certify those.

do not have any if we are doing

questions.

any conveyances, he

is

going

to

C.

District Manager's Report		
i.	Approval of Check Register		

	Mr. Mossing: The check register is enclosed in your agenda package and it represents		
payments from October 23, 2018	through April 23	, 2019. It covers	check numbers 22-55 for a		

total	of $271,514.76. The large					
	amounts in the check register are transfers or assessments from		
our general operating account to the Trustee. Does the Board have any questions? Hearing none,		
I would ask for a motion to approve.				
	On MOTION by Mr. Vidrine, seconded by Mr. Hooker, with all in		
	favor, the Check Register totaling $271,514.76, was approved.		

ii.

Balance Sheet and Income Statement

the

Mr. Mossing: The balance sheet Board have any questions? Hearing

and income statement none, we will move on

are to

in your agenda package. Does the next item.

iii.

Consideration

of

Funding Request #2

Mr. Mossing: This funding request was generated prior to us receiving our assessments from the tax collector. Going forward, the Board will only be asked to approve check registers now that we have funding from our assessments. Does the Board have any questions? Hearing none, I would ask for a motion to approve.

On MOTION by Mr. Vidrine, seconded by favor, Funding Request #2, was approved.

Mr.

Hooker, with all in

iv.

Presentation

of

Number

of

Registered Voters - 0

5

May

1,

2019

TohoquaCDD

Mr. Mossing: Each year the District has to report the			
	number of registered voters in the		
community as of April 15. That letter from Mary Jane Arrington the	Osceola County Supervisor		
				
of Elections				
provided that information to us.			
Mr. d' Adesky: Based on the	buildout, you guys will hit 250. Some other developments		
			
may not hit the 250 number has quickly, but I do imagine based on the build that you guys might		
hit it fairly quick. Once you hit the 250 registered voter number, it			
	triggers a transition to general		
elections. The registered voter depends on people that live there full time. Once you get to 250		

and 6 years, there is a transition period. guys. It is a slow transition, however, so

I think that will will have control

most likely happen at 6 years for you for 8 years.

EIGHTH ORDER OF BUSINESS	Other Business	
There being none, the next item followed.		
NINTH ORDER OF BUSINESS	Supervisors Requests	
There being none, the next item followed.		
TENTH ORDER OF BUSINESS	Adjournment	

Mr.

Mossing:

If

there's nothing further, we need a motion to adjourn.

On MOTION by Mr. Vidrine, seconded by Mr. Hooker, with all in favor the meeting was adjourned.

Secretary/Assistant Secretary	Chairman/Vice Chairman	

6

-

SECTION

V

			AMENITIES MANAGEMENT AGREEMENT				
This	Agreement	("Agreement")  is	made  and	entered	into	this	day		
_____											
	___ , 2019 by and between:									
										
Tohoqua  Community  Development	District,	a	local  unit	of	special-purpose		
government established pursuant to Chapter 190,	Florida Statutes, and located in		
Osceola County, Florida, and whose					
				West Centr~·Boulevard, Suite		
320, Orlando,	Florida	32801	address is 135			
			("District"), and								
													
Artemis	Lifestyle Services, Inc., a Florida corporation~, -wqose, address is  1631		
Vine  Street,  Suite  300,  Kissimmee,  Florida	34744  (t'Amenf~' J\1anager"	or		
"Artemis"); and								

of

RECITALS/

WHEREAS, the District is pursuant to and governed by Chapter

a special purpo~e unit of 190, Florida Statute.s_; and

local  government ,est:at,fished

within

WHEREAS, the District owns c~rfain__Amenities (as defin"ed the District and serving the commuajt:y ofTohoqua; and

in Section 2 below) located

WHEREAS, contractor to operate

the  District  desires  to  ,enter	-into'		
and	maintain the Amenitie~~, and		

aQ.

agreemen:t, with	an	independent

WHEREAS, ,the Amenity Manager below) and now·- desifes, to cont;ract with specifications in this Agr~me:nt; and ,

pro\f\d,es such Sep.rfoes (as the DJ&trict in accordance

defined in  Section  2
with	the	terms	and

W(IERE~, 'it- js	intepdec,l  that~	Amenities  be	operated  and  maintained  for  an		
exclusiv¢ly					
					
public purp_ose"and that ah~				
	monies generated from the		
			operation of the Amenities be		
us~t~ defray the public-e,?C.peQ-se assQciat~d ~ith operating and		
			maintaining the Amenities; and		
NOW'T.HEREFORE, in\conside~ation of the recitals,		
contained			agreements, and mutual covenants		
heraip, a;nd other goop and				
	valuable consideration, the		
			receipt and sufficiency of which		
are hereby ackno\¥fedged by the Part:ies, the Parties agree as follows:		

,:r.

RECITALS

&

DEFINITIONS

1.	Recitals.	<Plie

incorporated into and form a

recitals	so	stated  are  true  and	correct and  by this  reference  are		
material part of this Agreement.			

2.	Definitions.

The	following	definitions	apply	to	this	Agreement:

a.

"Amenities" District and

-	shall mean the District's	
	properties and areas owned by the	
intended  for  recreational  use  which  include,  but  are  not	

b.

limited  to,  properties  and  areas  such  as  parks,  pools,  clubhouses,		
playgrounds and dog parks, together with their appurtenant facilities and		
areas.  The Parties					
process	understand and agree that the District is presently in the		
	of acquiring the	Amenities, and that the term "Amenities" shall		
include  the  amenities  that  exist	presently  as  well  as  these  additional		
planned amenities, once constructed, installed and operational.		
"O&M	Budget" -	shall  mean the annual  operations and maintenance		
				
b~dget adopted by t~e District's Board of Super_yiser~"Boa~d") for_each		
Fiscal Year (as herem defined) and as may~ amended from time to time.		

c.

"Fiscal Year" - shall and ending September

mean the Distri~t'$ fiscal~eai:: beginning October 30.

1

d.

"Operations	Expenses" -  ~ha1}-mean all costs	of operati~g th~ Amenities,		
including, but not be	limi!,.ed to: -the follo¥7-ing:	managemen._t fees, courier		
expenses  (such  as	Federal  ~ress,  UBS),,.	telephone,  ut1}iti~si, ·tetail		
product  expense,  operating  supp1~s: ,cazp.pul~ and  software  ~xpenses,		
housekeeping  s~p!ies,	cleaning  fe~s,  :~d  other  related  expenses  as		
outlined in the O&fvf				
	B\Jdget.			

e.

"Program	Expense~''	--- ~sliall

providing  the  various ,~ctivitie&,

outJined---in the O&M Bu~~t.

mean eve..nts

the  ,expen~es  associated  with and  pr9grams  for  patrons,  as

f,,

"Services~  -	shall  mean '{11.ose  servic~- described  in	Attachment  A	
'f~lating to th,e management, cweration, and maintenance	of the Amenities	
fo~e,benefit of the District, w,hich;Attachment A is attached hereto and	
incotpQrate4,~ditby this refere9ce.		

g.

,'~Lifestyle	-	shall refer  to  the  individual  employed  by  the		
<Qire~tor"				
~ntty			
ManageNo oversee the provision of the Services.	
	'	-.	
.II.	SCOPE OF SERVICES	

3.	The-			
	,Ainenity Manager shall perform the Services on the terms and conditions set		
forth  herein.   The ~menity M~nager further  agrees and acknowledges that the  District is a		
special purpose			
are to be	indepeQ,d'ent/4pvemmental entity. As such, the facilities and lands of the District		
	used at all times ,f6r public purposes and all monies of the District are public funds.		
Further, the District's ~enities were	financed by tax-exempt bond financing.  The Amenity		
Manager agrees and acknowledges that the		
		governmental status of the District and its financing		
requires its employees and agents to be specifically trained and aware of the public nature of		
District Amenities and property, and compliance with applicable laws.		

III.

TERM

&

RENEWAL

2

4.	The  term  of this	Agreement  shall  be  from  the  date		
				
September 30, 2020.   Unless terminated pursuant to Paragraph IX.		
automatically renew without amendment each subsequent Fiscal Year.		

set forth above through 19, this Agreement shall

IV.

COMPENSATION

&

REIMBURSEMENT

5.		The District shall pay the Amenity Manager a	monthly management fee  for the		
Services as	provided in	Attachments A and							
			B, which are attached /h~reto and  incorporated		
herein by this reference.  All Operation Expenses and		Program Expe,nse&'tJ1all be paid by the		
District directly to the										
	provider of such services or goods.  As ~pliG~ble, all payments shall be		
made in accordance with Florida's Prompt Payment Act,	Sectioijs·'2J8:--70 ilirough 218.80 of the		
Florida Statutes.											
												
6.		Notwithstanding anything to the	contracy\, the 'lli.;,~ict shall n<;>t pay or otherwise		
											
compensate the Lifestyle Director and other				
	emplpy~es	of the Amenity Mana~et-for any work		
done for or at the request of, or	benefitting,				
		p6V-a!e parties, ii\cJuding, but not {imHed to any		
homeowner's	association, builder,	or developer withil).	th~ Tohoq'w,l community. PI9we~t, the		
Amenity	Manager  may  charge  a	pro-rata  share  of tfre	Ll.fesfyle Difector or  other Amenity		
Manager	employees to  such private e1,1tity for private	serv4ces: to the extent that that pro-rata		
				
share for the District can be specifically						
	a)located and tracked lQ tfte, Services to the District.		

V.

REVENUE

&

TA'X

_EXEMPT

STATUS"

	7.	Revenue for -a ·Public Purpose.   The, 1artie~ agre~ tQ.af the Amenities shall be		
operated and maintain,e((for~m!	ex.elusively		
					publ\ci?utpose, and th~t any monies generated from		
the	operation of th~- Amenities	$ail. be remitted 1,~ the Distri~t-·and used to defray the public		
expense	associated wi.¢ operating \artd maintaining,the Amenities consistent with the terms of		
this Agreement.				
	8,	-C--olle_£tion .of Rev~ntu;.  In:ihe__		
other				fourse1Jf'providing the Services, and subject to the		
	,prpvisions of thi~ seetion, 't4e Amenity Manager shall maintain an accurate record of all		
rey..¢~es,<,Uld other monie~ (the "Rexertuts") received from the operation of the Amenities and		
shall remjt "tq the District ih.,e Revenues._	antj.-hn		
					accounting for the same, for a given month no		
later than 1~ days after the e1'd	of that ~ortth.  The Amenity Manager shall not have charge of		
the  Revenues ,other  than  to  opll'ect the	revenues  and  remit  them  to  the  District  under  this		
Agreement.					
					
	The Amenity 'M_				
			ariag.ef,.shall ensure that all amenity fees charged to patrons are consistent		
with the rates set forth in t4e bistrict's rules and		
Further, the Amenity		policies, as may be amended from time to time.		
		directly collect such amenity fees, (2) use a third party		
provider to	Manager may:  (1)			
	assist with electronic collection of such amenity fees (e.g., Pay Pal or credit card), or		
(3)	with prior written notice to and consent of the Amenity Manager, allow subcontractors providing programming services to collect such amenity fees for specific programs. In any case, the Amenity Manager shall remain responsible for the collection of all amenity Revenues, shall maintain an accurate record of all such Revenues, and shall remit all Revenues to the District
(with  the  one	exception  that,  with  prior  written  notice  to  and  consent	of	Governmental		

3

Management Services or its	successors or assigns ("District Manager"), and subject to the terms		
of an applicable subcontractor		agreement, a subcontractor providing programming services may		
collect and keep Revenues as compensation for the subcontractor's services).				
9.		Tax-Exempt Status.	The District agrees to pay,						
District's exemption from ad							extinguish or otherwise assert the		
	valorem and sales taxes, unless the Amenities are subject to ad		
valorem or sales	taxation as a result of the Amenity Manager's failure to abide by the terms of		
this Agreement or the District's rules or policies, in which case the Amenity Manager shall be		
responsible for the	payment	of	ad valorem or sales taxes.								
														
								VI.	BUDGET PREPARATION,.					
															
10.	The Amenity Manager has prepared the Fi.seal Y~ 201972p2-o_ Annual Operating		
Budget attached hereto and incorporated	herein by thi~, tef--er~~e as AttacJun~nt E.	Prior to		
st	for  each  subsequent							
													
April  1		Fiscal  Year,  the Amenity	Manager  shall  pr~par:e  an  annual		
											
operating budget estimating the revenues  and,~x~ens~s,				
	inclft~ing  all  expense&	described  in		
Attachment B,	for  all Services	under this Agreeme~t for the	I	upcoming Fiscal	"X ear;  ~'Such		
annual operating	budget, if approved by the Board,								
At the request of the District, the		shall~e'in.oowora~d into the O&~;f/Budget.		
	.Anien.ity Manager sha11	update its initial estimated annual		
operating budget in	anticipation	of the "Qistri~t's final annual ,_						
occurs in July, August, or								budget meeting, which typically		
					September of ea-c;hfiscal_Year.								

VII.

PROCUREMENT·PRO'BEDURES

11.	Purchas~s, ~by- t~e Di.strict.	The '{)rs,trfot will	~ r<tsponsible	for  all	Operations		
Expenses and Progriim,			and, except as frovided	in faragraph  11,	shall directly pay		
		~xpenses						
vendors for such Gper~tions Expeb.se:s and Program 'Expenses.  The following conditions apply		
to the purchase of supplie-& ahq.	inv~ntpry for the Ame~ties;:								
	-~·	Amenity  M~nager--	l!linated~ ··			If  the  Amenity  Manager		
							Purchasers.			
		-<teslre,s that~ purchase be made by the							
		Pro&rain	ExN_nses,	tl?-e	Amenity	District for Operations Expenses or		
						Manager	shall  furnish	a	request		
		("Pay~e'nt	Req~est'''.), 'to							
				the  District	Manager  detailing  the  proposed		
		supplier,						
			the	natllly'	of the	supplies	or			
								inventory,  and the costs thereof.		
		Such req									
			e$t may"he						
				made by e-mail to the District Manager.				

P-11rchase	Order  Issuance.	Upon		
				
i)is'triet, ,shall  review  the  Payment		
Di'strjct,  issue  a  District  purchase		
delivery to be made to the District.		

receipt  of a  Payment Request,  the Request,  and,  if approved  by  the order  directly  to  the  supplier,  with

c.

Sales Tax Exemption.	The purchase order issued	by	
include the District's			
consumer certificate of exemption	
Florida sales and use tax purposes.		

the District shall number issued for

4

d.

Inspection and	Bailment.	The Amenity	Manager shall inspect, accept		
						
delivery of and store the materials pending the use of the supplies and/or		
sale of the	inventory.  The Amenity Manager's		
				possession of the supplies		
and inventory will constitute a bailment.  The Amenity Manager, as bailee,		
shall  have  the  duty  to  safeguard,  store,  and  protect  the  supplies  and		
inventory while in the Amenity Manager's possession.		

			e.		Invoice Processing.	After verifying that	deliv~ is in accordance with		
						the purchase order,  the Amenity	Manager	sh.a'µ . -su~it	a list indicating		
						acceptance	of goods from the supplier and					
																					.conpurrence with the District's		
						issuance of									I)rsq;ict, will process the invoices		
						and issue		payment to the supplier.  The							
									payment directly to the suppl(err,						
12.	Petty Cash.	For small or				'		-	~		'			
			emergency p¢9lrase-i,.Jne	Amenity ,M'anager shall have		
							
the  authority  to  make	payment  directly  to  vendors· for							
		Operations  Expens~s' -1:!,nd  Program		
										
Expenses using a petty cash account ("Petty Caih~ccQunt") af\d/or,	at the Distti~t''s,discretion,		
credit card ("Petty Cash Credit Card"), as described~n this	paragraJJh, provided, h~wev¢r: that		
any such purchase shall not exceed the budgeted amount.for-the appit~able line item s~t'forth in		
the O&M Budget. The District shall mcµntain	a Petty Cash J\ccoµnt that shall hold monies not to		
exceed one thousand	dollars at any	give'Q. ti~ and that	shall~	est				
allow the Amenity Manager, on												ablished in such a manner to		
	behalf o{ tQ_e District, to make·._				
account.	Alternatively, in its														payments from the petty cash		
		discretion, t,e, bi5!ri'ct,.may provide10 the~enity Manager a		
District Petty Cash Credit Card with a	one	'{housand _dollar limit.	'Eh~-Lifestyle Director, on		
behalf of the Amenity Manager, shall be the				
	o'Qly indiyiiluaJ	auth9riz~d to make payments from		
the Petty Cash	Account .or -u~ tlle. Petty Cash ~r~it						
		Card anq	slµrfl	execute and abide by the		
								
District's  Agreeme)lt  Regarding-_					and	Petty				
											
											R~yenue  Collea,tton			Cash,  the  form  of which  is		
attached	hereto	as	A't(ach~ent		C	aµd												
								incorporate,_d, herein by this reference.	To the extent		
feasible, the Amenity	MaQ,age_r shall {ake all necessary" steps consistent with Paragraph 10 above		
to	that- -any p etty cas4 pur.cii.~s	are made on a	~ax									
ensure				exempt basis.  The District shall not		
replenish	,.,cJnY- -fund§	in>the Petty		01;!.sh A--CcoJ!ni~ on.fuihorize payment of the Petty Cash Credit		
Card .b'1lJ.,;	until provicie~ with a fuJJ.	ac~ounting, including copies	of any receipts, for any monies		
sp~µt. _ Ally	purchases pUfsuant to	t4_is	p~ragraph that would require	spending in excess of the		
							
applicab~e line item	amount~ set							
		forth lt\ tlie:f)&M Budget, shall					
			require prior approval from the		
								
Board.  The .Amenity	Manag~ shall be	:r,e_,sponsible for any						
			purchases made that are not made in		
accordance -wi~ this AgreemeI\t											
	and/or 'are not supported by appropriate receipts, and/or that are		
not approved as	p~'	Qf the	O&M Budget or by the Board.									

VIII-.

/SPECIAL TERMS AND CONDITIONS

13 .	Permits,	Licenses, and Other Approvals.	Unless the District expressly directs		
						
otherwise in writing, the Amenity Manager shall request that the District apply for, obtain, and		
maintain  all  applicable  permits,  licenses,  certifications,  consents,  and  other  approvals  for		
operation and	management of the Amenities and from all	governmental agencies which have		
					
jurisdiction over the						
						
		operation and management of the				
not permit any activities that require	Amenities.  The Amenity Manager shall		
	a license or other	permitting, etc., until such license or		
permit, etc., has been issued and received by the Amenity Manager. The District, by applying for		

5

such  permits,  licenses,  certifications,  consents,  and  other  approvals,  does  not  in  any  way		
guarantee  the  approval	of  such	applications.	In  the  event  an  applicable  permit,  license,		
certification,	consent, or					
		other approval  is not	obtained for  a particular service,  or a permit,		
license,						
	certificate, consent, or other approval				
		necessary for a particular service is rescinded or		
				
revoked, the District shall immediately notify the Amenity Manager and Amenity Manager shall		
not provide,	or shall immediately abate	the provision of, that service.		
							
	14.	Service of Alcohol.	With the District's prior written approvc:i.l, catered functions for		
patrons may be held at District Amenities where alcohol is		
of the									provided, ~0 lo\g as not in violation		
Districts rules or policies. The Amenity Manager shall not be responsiffle for the provision		
of alcohol in	connection with such events, but instead shall		
caterers who have the necessary licenses and appropriate	assi~yth~ bistrict in contracting with		
	i~u,rance. {n doing so, the Amenity		
Manager shall adhere to all federal and state laws	regqlati11g ~e sale ~<l'service of alcoholic		
beverages, and shall maintain and verify the receipt of,arty		
necessary for the sale and service						t~ufted license~ o)°' other approvals		
	of alcoholic beverages, and shall otherwise cqmpJy with all of		
the									Man~er shall ensure l~t'eaterers are		
requirements of this Agreement.  Further, th~:q:iehi,ty			
aware of the following requirements:							

a.

b.

C,.r

d.

At all				
	functions ~here alcohol is ser~d, there will be no less than one (1)		
bartender for every sev_enty-five (75) pe~ple, for hosted bars and one (1)		
bartender for every 'Qil~ hundred (100) people fQr cash bars, and there will		
be no				
	bartender or seitfer f~s, except to the ex{en't,th~t such fees are based		
on an hourly rate and ii\ho wa:y-t,ied'to_the number ,of' drinks served;		
Bartenders/Servers are m;,t, to sery-e-axzy	individpa1s that are under twenty-		
_.of\e-(-2-1),_years of age;				
Bl;lrtenders~erwers are not tQ \serve any	in!lividuals that appear intoxicated		
i:lr otherwise\im;paired;				
				
AU	,ba:rtenders, and wait staff, '1-hd.~ll event staff at special events, must		
			
recei'v~ alcoJi<l!-awareness	trainiJJ.g and provide evidence of completion;		
and				

,	Th_e					
		Amenity Man~get\ shaU d~velop and implement an official board approved policy for		
safe alcol;l.ol,consumption ah4	guidelines. for~handling intoxicated guests.		
					
	15.	'Qlildren's Activ,tie,s.	With the	District's prior approval, the Amenity Manager		
may provide chii4ren,' s activities such as recreational day camps, story time, and arts and crafts		
activities, subject to,the,followin_g:				

a.	At l~ast one Amenity Manager employee assisting with a children's pr-0gram or activity shall be certified in cardiopulmonary resuscitation by the American Red Cross or other program satisfactory to the District.

b.	The Amenity Manager shall adhere to all federal and state laws regulating the operation and management of any recreational day camps, or other programs or activities for children. Amenity Manager shall assist the District in obtaining any required license or approval.

6

16.

Training and	Background.	The Amenity Manager	and all its employees and	
personnel  shall  have  completed  any  required  training  to  complete  the  job.	
Personnel shall also be familiar with all District written	policies and procedures, as	
may be amended from time to time. Amenity Manager will perform all necessary	
in-service					
training for its personnel. In	addition, Amenity Manager will administer	
background checks to all employed personnel prior to any individual commencing	
work at the District Amenities.				

17.

Insurance.  The Amenity Manager shall						
		maintain the fol19wiri:gJnsurance:		
a.	Workers							
b.	Compensation - statutory limits-			
	General liability							
	insurance with the fol¾>Wing  lill\its:,		
	$2,000,000	General Ag_gregate, ~			
	$1,000,000	Products/£9mplet~roperations.		
	$1,000,000			
		Persona1,& Advertising Injury		
	$1,000,000			
c.		Eac~cw:rence	'-			
	Abuse  and molestation  insuran~e i{l	the  amo~t  of at least ,$ t,-09O,OOO		
d.	(which may be provided as part oftlie' Genyral~i,ability insuran~)'		
	Comprehensive ~utomobile liability					
	Amenity		i~utance for all vehicles hsed by the		
						of the Amenities, whether		
	Manager,witlt.respect to the op~ratipn			
	non-owned or hired,, w,i!:h lt·cpmbined singleJiinit of $1,000,000		
e.	Professional liability				iesstpan $1,000,000		
f.		'i~lira.Qce' wi,~h limits ofn			
	Employment  practices· Uability	irisur,illlce  with  limits  of  no  less  than		
				
	$1,000,000				
				exc~ss✓-01	the limits set forth in the		
g.	:E~cess-(Ymbrella)	liability' p9lfoy in				
							
	pmvisions~bdve, in the amo;tint	of $1,OOQ~OOO			

	Insurance  obtaine4, ·by	Amenity  Manager  s¥1 .b,e	primary  and  noncontributory  with		
									
respect to insurance. outlined,	abo~e..  An	suGh	policie;s✓-shall			
				be	issued by insurance companies		
											
licensed,,t6_.d0busi!.).esS'in the	s~te ·of Florid~ WitlrtJie exception of	Workers Compensation and		
Profe.sStonal	Liability· lnsur,ance, ~i'·~uch										
			insurance shall be  on an occurrence basis,  and the		
							
Diefri~~,.and ~e Board Supeiv,i~ors, ~~~'-				
	~~~loye~s,	representatives, and as.signs shall be list~d		
as	add1tiQnal msureds on all	such polu~ies.		No				
					pohcy may be canceled durmg the term of this		
							
Agreement	without  at  least	\thirty  (30)	days	written  notice  to  the  District.	An  insurance		
certificate								
	ev14,eri:cing compli~ce with 'this	paragraph shall be sent to the District prior to the		
commencement ~f'any			1					
	performance under this Agreement.   District shall reimburse Amenity		
Manager for the			
														
			ac~al"-cpst of thy'insurance		coverage outlined in this section.			

18.

Indemnific)J~Oil,

a.	Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses,
attorney fees and paralegal fees	(incurred in court, out of court, on appeal,		
or in			
			
bankruptcy proceedings) as ordered.		

7

b.

Amenity  Manager  will  indemnify,  save  and  hold  the  District,  and  its		
supervisors, managers, attorneys, agents, staff, employees, representatives		
and  assigns	("District  lndemnitees")	harmless,  and  shall  defend  the		
District  Indemnitees  from  all  loss,	damage	or	injury,  including  all		
judgments, liens, liabilities, debts,						
	penalties, fines, obligations or harm of		
any kind resulting in whole or in part from the negligent or willful acts or		
om1ss10ns	of	Amenity	Manager's	officers,	directors,    agents,		
subcontractors, assigns or employees.						

c.

d.

e.

f.

To  the  extent  permitted  by  law,		includi~,  buf ll.Ot  limited  to,  the		
limitations		contained  in  Section						
				768.28,	,Florida  Statutes,	but	without		
											
waiving any sovereign immunity	protectfgns; the, District will indemnify,		
save and hold the Amenity							'	"						
	Manager,		~ct its ofl\cers, directors, managers,		
attorneys, agents, staff,							
	employee~,'tep!e'S~tatives~d"assigns ("Amenity		
Manager		Indemnitees")		and	.shall ~delend  the  ,Ain\;!nity	Manager		
Indemnitees	from  all  loss,	..damage		or  injury,  includin~  aU judgments,		
liens, liabilities,	debts,	p~alties,, ,fines,  &~ligations or ha11'1	of	any	kind		
resulting in whole or in part frotll th~	negligent or willful acts	ar om:Jssions		
of District's supervisors, staff, agents,	'0f	'eJlfplo)sees.						
Nothing in this	~eement	shall serve"as	or be construed as a wiiver of the		
District's	limitatioµs' ·on  liability	contaiµect  in  Section  768.28,		Florida		
Statutes,	or other staµi,~	o'Ha.w.					
								.						
For	purposes  of this -secti.9n:  ".acts  or	om1~sidns:' ·,on  the  part	of the		
					
Amenity  Manager's  officers,  '4irectQrs,  agent~,  assigns  or  employees		
includes,- ,but  is  not  linvt\;!d	to, '	the		,operaJiOJ!~ and  management	of the		
Afpeniti~s	1h	a manner	tha,_t,~ould	requir_e	a,.permit, license, certification,		
consent,  or  other  approval from  any  ggvemmental  agency  which  has		
:j~sdiction	ov¢r the operatiorfand management of the Amenities, unless		
sucl!  permit,  ljcense,  certific~ion,,:;, consent,  or  other  approval  is  first		
obtah1~d'	,ot	tl!_e	District's	Bo<,lr,d' has  expressly  directed  the  Amenity		
Manager  iii-	wr1t1ng _Qof	to	iotain		such	permit  license,	certification,		
~onsent, or"Q_tliei:	approval.		-													
The indemni:fic~tlon rights herein contained shall be cumulative of, and in		
additl\>n to,	any ·	cf ajl-rights,	remedies and recourse to which the Parties		
shall	b~												
		entitled,  whether  pursuant  to  some  other  provision		of	this		
Agreemept,	1 at	la'w,  or	in	equity.	The	provisions of this  section	shall		
survive the	termination or expiration of this Agreement.						

IX.

T'ERMINA:TION '

OR

DEFAULT OF THE AGREEMENT

	19.	Termination:  at  Will.	Any  Party  may	terminate  this  Agreement  with  cause		
						
immediately upon written notice, or without cause upon sixty (60) days prior written notice.  The		
Amenity Manager will continue to receive compensation for services performed through the date		
of									
termination, consistent with the terms of this					
the				Agreement, but subject to any setoffs to which		
	terminating Party may be entitled, as its sole means	of	recovery hereunder.  The Amenity		
					
Manager shall not be entitled to any other	damages of				
		any kind, including but not limited to		
consequential damages or lost profits.					

8

20.	Transition.

soon as practicable, but in

as may be set forth below:

Upon	of this Agreement, the Amenity		
termination			
no event later than the effective date of termination		

Manager shall, as or such other date

a.

b.

c.

d.

e.

deliver to	the District all materials,	equipment, tools and supplies, keys,		
contracts, files and documents (whether physical, electronic or any other		
format, all	of which are public records	of	the District subject to Chapter		
119,	F~orida	Statutes)	relating		to	th_e	¾enit1~	and  such  _other		
accountmgs, papers, and records as	the							
												D1strict:shall request and are m the		
Amenity	Manager's	possession	or	W1der	~e	Amenity  Manager's		
reasonable direct control pertaining to	flle: Amenities;,			
vacate  any  portion	of	the  Ame,nities	~{n	acc~sed  by  the  Amenity		
Manager as a	consequence ofthis,	Agre~ent;	and				
									
provide any such information as	required to comply	w_J.th' Chapter 119,		
Florida Statutes								
	and othei/.p'!bliq record§~rovisions	of state 'ap_d federal		
law; and																		
furnish all such	information and laJ.c.e',c!-11 '~uclt~tion	as the Disµfot  shall		
reasonably							
	requi~e, in order to	effect~ orderly and systematic ending of		
the Amenity Man~ger-'~	duties and	activ~ties, hereunder.  Within ten (10)		
days	after  the		effetti_ye- ·d<J.~e	of	any	su~h	termination,  the  Amenity		
Manager  shall		deliv,¢r	to_ the	District  any  writt~n  reports  required		
hereunder  for  any  petjb,d  nol				
	~overed	by	prior reports  at  the  time  of		
tefl)linatiQn.										
												_	,				
X~sign-~y subcontractor l(requested	by~e J)fstrict.				

21.	DefaiiU. -f,. default by ei\her Party undti this Agreement		
remedies				
	available at law or-.in equity, which may 1~'<.luge,	but not		
				
damages, iajunct-ive_relief, fil\d/br,s~illc--performanc~.			

shall entitle the other to be limited to, the right

all of

/22.

imJiai{  the
Agreentept:

InterfeteQce'by Thii;:d 'Rarty. District's rig~t to proteft its

Nothing contained in this Agreement shall limit or		
rights  from	interference	by	a  third  party  to  this		

law to	23.	R._emedies Cumuhttiye.	The rights and remedies given in this Agreement and by		
	a non-de(atilting Party I shall	be deemed cumulative, and the exercise of one of such		
remedies shall not operate to bar.the exercise of any other rights and remedies reserved to a non-		
defaulting Party under ,th'e-,pr9:v'isions	of this Agreement or given to a non-defaulting Party by		
law.					
		X.  GENERAL TERMS AND CONDITIONS		

24.	Care of

the Amenities for the

the Property.	This

purposes described in

Agreement grants to the Amenity Manager access to this Agreement. The Amenity Manager shall (a) use

all due care to protect the property of the District from			
damage; (b) promptly repair any damage		
or harm resulting from the Amenity Manager's	and ( c) promptly provide a		
activities and work;			

9

full written report as to all accidents or claims for		
any damage or	destruction of the property, and		
			
required by any		
	insurance company or the District		

damage occurring to the Amenities, including		
shall	cooperate and make any	and all reports		
				
in connection therewith.			

25.	Public Records.	The	
		Amenity Manager agrees and understands that Chapter 119,	
Florida Statutes,  shall  be	applicable  to  documents  prepared  in connection  with  the  services		
provided hereunder and agrees to maintain such records and to  cooperate with public record		
requests  made  thereunder.	In connection with this  Agreement,  Amenity  Manager agrees  to		
comply with all provisions	of Florida's				
	public records laws, including			
119.0701,  Florida  Statutes,  the  terms	but~t limited to Section		
	of  which  are  incorpofat~d  herein.	Among  other		
requirements, Amenity Manager must:				

a.

b.

c.

d.

Keep and maintain	public records required by	,tlie, P1~ict to perform the service.			
Upon request from the								-pu1Jl-									
									District's custodian4										
																		ic:orecords, prov_Jd~.the District with		
a copy of the requested records or allow ,the· records to be inspected Of cepied within a		
reasonable time  at	a	cost that does.pot	exceed the~cost provided  in.	Chi;tpter	119,		
Florida Statutes or as								l~w.					·	·			
Ensure that public			otherwise provided b										
		records that are exempt	oi:	cc,nf(gent1a~ and exempt fr.qm	public		
records disclosure requiremyn:ts are not										for the		
duration  of the  contract ten'1	anq.	disclosei( exc,ept as authorized by <raw			
		following  completion	of	the  Agreement	if the		
Amenity Manager does not	tr~f~	the--records to the DJstr-ict.						
Upon	completion	of												
			this Agreetµ~rtt,. Jransfer,  at no cost, to	:tlJ.e District all public		
records in	possession of the Ame~lty Man~ger· or keep antl µraintain  public records		
required by th~ -District to	perform th~ se¢!ce'.	lfthe	Arn~nity Manager transfers all		
															
public  recort1s- -to	-th,e	District  upon c6)Iipletion  of				
				tl}is	Agreement,	the  Amenity		
Manage.1,Ahall destroy	any													
		duplicate pµblic  records~tliat are exempt or confidential		
and	exfanptfrbm pubHc r¢cords disclos\ll'.e requirements.	If	the Amenity Manager		
					
keeps and mai~tains p~blib records upon	~ompJetion	of the Agreement, the Amenity		
Manager  shall  fn~et alJ .l!J)plicable					
	requirerp.ents  for		retaining  public	records.	All		
ree0r-ds.,storeq	eleclr~mcally must be pro¢ded	to the	District, upon request from the		
District's  -						
					o{	pu_blic	records;	in	a				
																			
			c.µstod,ian						format  that  is  compatible  with  the		
information	tecJmology	Sy{>tems	of the District.			

IF THE ~ENITY APPLICAT'l_ON" OF

~AG~}{ CHAPTER

HAS 119,

QUESTIONS  REGARDING  THE		
FLORIDA	STATUTES,	TO  THE		

		1						
AMENITY  MA.NAGER'S	DUTY  TO	PROVIDE	PUBLIC  RECORDS		
RELATING TO·						
	J'HJS~GREEMENT,	CONTACT			
			THE CUSTODIAN OF		
						
PUBLIC    RECORJ)$,    GEORGE    FLINT,    C/O   GOVERNMENTAL		
MANAGEMENT  SERVICES,  135  W.  CENTRAL  BLVD.,  SUITE  320,		
ORLANDO, FLORIDA 32801, (407)841-5524, GFLINT@GMSCFL.COM.		
26.	Ownership of Books and Records.	The			
and all					Parties agree and acknowledge that any		
agreements, notes, or other	documents relating to the			
the					management of the Amenities are		
property of the District.  Amenity	Manager shall promptly upon request furnish District with		
all documents and records relating to the				
				management of the Amenities.		

10

	27.	Audits.		In connection with the annual audit	of the	District's financial affairs, the		
Amenity Manager shall cooperate in good faith to provide							
	access to all books and records of the		
Amenity Manager relating to the	provision						
		of the Services and necessary to the audit for review		
by the District's internal or independent auditors.  In addition thereto, the Amenity Manager shall		
provide access to  such books and records to  a District representative at any time,  and such		
records shall be made available to the District's offices in Florida.									
	28.		Sovereign Immunity.	Nothing herein shall cause or Jie.,,	ccm~ed as a waiver of		
the District's immunity or limitations on liability granted		pursuant.Jo Section 768.28, Florida		
Statutes,	or other law, and nothing in this Agreement shall inure ,to'4Jte"·benefit of any third party		
for the purpose	of	allowing any claim which would	otherwf~e :be	ban:_ed.·1,mder	the Doctrine of		
Sovereign										
	Immunity or	by	operation of law.						

	29.		Compliance with  Laws.	Amenity Manager acknowledges  anq	agrees  that the		
District is a	governmental		entity		and,	as such,<--1tt:t_cf ·c,omplian~~	with this Agre~ment and all		
																					
applicable federal,  state law, and regulations is requifed,. Amenily	Manager sha11 'l'eifgrin its		
duties and obligations in a		diligent, careful and professi~al,maynet'a;!}d	shall take a11,action to		
comply	in all  material							
		respects  with	~pJ?licable  laws,	ordipan~es,						
					rules,  regulatioirs,  permits,		
																	
licenses, certifications, consents,		appro~s:	and requirements ~f all	federal, state and municipal		
governments, courts,														
		departments,	commis;,lQ!ls~ bqards and		offic~,	or any other body exercising		
functions	similar to those	of any	of the fo1;_eioin~ which may be	-						
Without limiting the		generality																~plicagle to the Amenities.		
			of the foregoi~~ Amenity 'Manager shall pot operate and manage		
the Amenities in a manner-that would	require \a permit;	ii~nse,.	cei:t,ification, consent, or other		
approval		from	any			,goye~ntat						
							agency	wn~cli/ has								
									jurlsd_icti_pn  over  the	operation  and		
management	of th!;)			Amenities,	\unless  such  per¢it,  license,	,'.									
approval is first ol5tain~d'or the													,certification,  consent,  or  other		
	Bo:ard has expressly,lnstructed the	Amenity Manager to do so in		
writing.		Unless  the										
			D1sJdct has		e)5,pressly  instruc,ed tµe						
						Amenity	Manager	otherwise,  the		
Amenity		Manager												
				_shall	pr-Qnipt-l'J	J!OUfy  th~  Distrfot	fo						
									writing		of	any  and  all  orders  or		
require11;1e11ts- -affe~ting the	Afilertities  placaj llier~rt  by  any  governmental  authority  having		
jurisdictjon within	t~ty 'fqur	(24)	hqurs of obtaining actual notice	thereof, and shall take such		
acµpn._ as											
	·-necessary to com..plf																			
																								
Manager,sliaU also prepare		promptly \\:ith any and all such orders or regulations. The Amenity		
	fQr	e~ecutioq anc!Tiling by the Board any forms or reports which may		
be	require~	l,"y	law			in	conn_ection  witl,J, the  ownership,  maintenance  and  operation  of the		
Ame?ities.	Th~	~enity	Mana~el'1	sh_all ·ade~uatelr train all personnel	_and	employees assigned to		
provide the SeM~eS'-tp ensure con;iphance with this Agreement at all times.			
	30.		Adherenc,	·to	i)istrict  Rules  and  Policies.		The		Amenity  Manager  and  its		
													
personnel shall be familiar wfth, and comply with, all District rules and policies, and further shall		
ensure that all persons using the Amenities are informed with	respect to	the rules and policies		
and ensure that said persons conform therewith.  The Amenity Manager has the authority to have		
patrons, guests, and	others who are failing	to comply with		District rules and policies removed		
														
from the Amenities only to the extent such authorization is set forth in the District's rules and		
policies  and  only  to  the  extent the  Amenity  Manager  acts  in	a	manner consistent with  the		
District's rules and policies.  Such incidents shall be reported promptly to the District.		

11

31.	Independent Contractor.	In all matters	relating to this Agreement, the Amenity		
Manager shall be	acting as an				
									
				independent contractor.  Neither the Amenity Manager nor any		
individual employed or used by the Amenity Manager in	connection with the provision of the		
Services are employees of the	District under the meaning or	application of any federal or state		
							
laws.  The Amenity Manager agrees to assume all liabilities or obligations imposed by any one		
or more	of such laws with									
			respect to its employees in the	performance of this Agreement.  The		
Amenity Manager shall not have any authority to assume or	create any obligation, express or		
implied, on behalf of the								
									
as agent,			District, and the Amenity Manager shall have,no authority to represent		
	employee, or in any other								
this Agreement.		capacity, the District unless	othe~se~ forth differently in		

32.	No Joint Venture.

joint venturer, with the District.

The Amenity Manager shai) not be ~em_ed to be a partner, or

	33.	Employment Verification.		The Ame.pity Manager agrees  that Jt ·shall  bear the		
responsibility for verifying the employment sta31s, ,uiid~r the	I~gration Refol'Ql and C~mtrol		
Act of 1986, as may be amended, of all persons it empl~ys, jn the per{ormance of this\('\gte,¢ment.		
	34.	Controlling Law and Ve~qe.	This Agreemen  and .the	provisions conta1ned in this		
Agreement shall be			an.d controlled accq_rdin,~			
				to the laws of the State of		
		construed, interprete,d:				
Florida. The Parties agree to both jurisdict~oR_ana<v:enue for all m~er&, whether in law or equity,		
in Osceola County, Florida.									
	35.	Attorney's F--ees· -apd Costs.		In the	event th&! either ofthe Parties is required to		
enforce this						
	Agreemep_t/by co~' proceedings ot-						
entitled to recover (r-0m,jhe non-			o'fti~rwise, lh,en :the prevailing party shall be		
		prevailing party alffees and cosjs' incurred, including reasonable		
attorneys' fees and~cos~.									
	36.	-Enti.-e._Agreem~n't-.. Thi-.§								
			1iistnunent, tog~!}ler with the documents that are required		
to be cr,€ated -und~r tlus instrui;pent,  sha.H--C.Qns1itut~/,the final  and complete expression of	this		
Agreem~nt										
	among thefarlies refa.tjpg,.{o the subJeet'matter of this Agreement.			
	'3J..	Arm's Length°'Negotiatio-_i..	rh1s Agreement has been	negotiated fully among the		
Parties as~ ann's length traµs~tion.								
	f.fhe Parties participated fully in the preparation of	this		
Agreement	~ received  the \advice	ot	counsel.	In  the  case  of	a  dispute  concerning	the		
interpretation of&p)''provision of this									
and		Agreement, the Parties are deemed to have drafted, chosen,		
	selected the  la~gua,~e  ancl ,any  doubtful  language  will	not  be	interpreted  nor  construed		
					
against any Party.								

38.

Agreement

Amendments. may be made only

Amendments to and waivers	of the	provisions contained in this		
by an instrument in writing that			
			
	is executed by all Parties.		

39.	Assignment.	No Party may	assign this Agreement or any		
					
under this  Agreement without the  prior			
	written approval	of the  other		
assignment without first obtaining the other Party's written consent shall		

monies

Party.

be void.

to become due Any attempted

12

40.	Subcontractors.	The	District  understands  that  the  Amenity  Manager  may		
					
subcontract  with	contractors	("Subcontractors")  from  time  to  time  and  in  connection  with		
provision  of	the	Services				
			hereunder.   Notwithstanding  anything  to  the  contrary  herein,  the		
Amenity Manager shall be	responsible for all acts or omissions of any	Subcontractor retained by		
the Amenity Manager				

		pursuant to the terms of the							
					Agreement, to the same extent as the Amenity		
Manager is responsible for its own acts or omissions.  In the event that the Amenity Manager		
desires to subcontract for community programming activities, the Amenity Manager shall ensure		
that a contract, in the form attached				is				
				hereto as Attachment D,		executed and in force between		
the Amenity Manager and any Subcontractor.  Further, the					
	Districtxe,serv~the right to require		
the Amenity Manager to replace any Subcontractor for cause, provided however that the District		
first provides the Amenity Manager with a reasonable	opport\.µlity  th cure (not to exceed 30		
days).								

41.	Successors.

representations, covenants

sha_ll  be binding upon the

assigns.

Except  as  otherwise	prt?vi:ded:·~~rein,	all  ~f' Jhe  provisions,		
and conditions herein				
Parties	~pnta1ned shall inure to the sq_le 'b,enefit of and		
	hereto and Qfeit:	resl?ective			
		~~presentatives, s~c~~sors_,  and		

42.	Third Party Beneficiari~ .. This Agreement 'i~				
					so'l~ly for the benefit of"the Parties		
and no right or any cause of action shaH acei:ue upon or by te~on, to or for the benefit of any		
third  party	not  a	formal  party  to  this  A~ment.	Nothing	1n ,this, Agreement expressed  or		
implied is intended nor shall be	construed to\conf.er upon_any person~r legaJ,entity other than the		
Parties any right, remedy, or claim under or by'reasoh--		of the provisions		
or  conditions  of	this	A,greemept;  and  all  of' ,the	0fthisAgreement,ot any			
			_pr9v'isiQ_ns:	-	covenants,  and		
conditions contained				r~pre1ehtations,			
	in ~jhis· A~reement shall irt\ll'{ to the sole bep.efit of and shall be binding		
upon the									
Parties and4eir respect· ve 't;epresentative~}, successors,{and assigns.			

43.	Authorizat1Qn.  '!'he exe~~tion of this ~re.eµient	has been duly authorized by		
appropriate hecly or official,				
requiremel}ts· ·of la~,	Qf'ea<5}1-.Q_f the P~ies, eaql}of the	Parties has complied with all		
	and each ,,pfthe ·Pa:rt-ie..§ lias fuJ1' power and	authority to comply with		
terms/4nl	provisions	o{ tlus,AgreeQient.				

the the the

44.	Severability.
this Agree'It!ent shall not Agreement, Ol\an'y _part of

'\fhe, invalidity of,tmenforceability	of any one or more provisions of		
aff~t	the valifl,ity or enforceability	of the remaining portions	of this		
this	greemeiit not held to be invalid or unenforceable.			

45.	Headi~s'{()r Con~enience Only.		
			
for convenience only 'aµd ' sha{knot control nor		
provisions	of this Agreemept		

The descriptive headings in this Agreement are affect the meaning or construction of any of the

46.	Counterparts.	This	
		Agreement may be executed	
each of which when executed and	
		delivered shall be an original;	
together shall constitute, but one and the same instrument.	

in any number of however, all such

counterparts, counterparts

XI.  NOTICES

13

47.	All notices, requests, consents and other communications hereunder ("Notices") sliall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or
telecopied to the Parties, as follows:

If to Amenity Manager:

If to District:

With a copy to:

Artemis Lifestyle Services, Inc.			
1631 E Vine Street, Suite 300			
Kissimmee, Florida 34744			
Attn: Domingo Sanchez, Presiden.:t			
Tohoqua				
Community Development Di~ict		
c/o Governmental Manageft}ent. S'ei:vices		
135 West		320		
Central Boulevard, Su1t~			
Orlando, Florida 32,SO·t			
Attn:  District Ma~,ager			
Latham,		LLP		
Slt,uke1, Eden & H~~udine			
111 N. Magnolia~ve, Suite 1400			
.	°'			
Orlando, Florida  3~01,			

A~:

District Counsel

Except as otherwise								
	provided in this Agre~~ni; an,y Notice						
actual delivery at the		shall{)e'd eemed received only upon		
	address set forth abov-¢., NQ!ices.,delivered aft~r 5-~0.Q-p.m. (at the place of		
delivery) or on a non-						If any		
time for	business day shall be 4'e~med 1:~ceive,d on the ne?(t'business day.			
	giving Notice containe,d	in this Agree,inent,~ould,oiher.wis~-expire	on a non-business		
day,  the  Notice  period' .shall J>e	e~tended to  tv.'e·pext  succ~di~g,	business	day.   Saturdays,		
Sundays, and legal }16lidays	reco'gpized					
							
business days.  CounseJ fen:		by the UnWip States go'(etnment shall not be regarded as		
	any of\th¢ Parties may ~'eliver Notice on	behalf of the Party counsel		
represents.  Any Party oi\_other persoti to whom Notil;es .m,:e to be sent or copied may notify the		
other Party ,and-addressees '0.f any ~ange in._name or :a9dress to	which Notices shall be sent by		
providingJhe-sam~ on'fiye (5)"~.y's written-n_Qt1ceto1f(e Party and addressees set forth herein.		

date

iN WITNESS WIJEREOF~-tJie·~arti€?s first _written above.

execute this Agreement to

be

effective

as

of

the

Attest:	TOHOQUA COMMUNITY DEVELOPMENT

DISTRICT

SecretaryI Assistant Secre;tacy'

Print Name of Witness

Witness

Chairperson, Board of Supervisors

ARTEMIS LIFESTYLE SERVICES, INC.

By:  -	-------	--------
Print:

14

Print Name of Witness

Attachment A:

Attachment B:

Attachment C:

Attachment D:

Attachment E:

Its:

Scope of Services

Compensation & Reimbursement

Agreement Regarding Revenue Collection & Petty Cash

Subcontractor Form for Program Providers, Fiscal Year 2019/2020 Annual Operatin~ ..Bu~t

15

		ATTACHMENT- SCOPE OF SERVICES		
		Scope of							
		Management Services (the "Services")		
	Amenity Manager will provide the following Services for the Amenities in accordance with		
and subject to the text of the Agreement.  In the event of	an				
and the text of the Agreement, the			inconsistency between this Exhibit A		
		Agreement will control.  The Management Services will include		
the following:							
•	Staffing							
	Amenity Manager will provide management		oversight/opgoi,p.g-resources and support to		
	the Lifestyle Manager/Director, service providers,	p~tam	antl_ev~nt staff and all other		
						
	staff for the							
		Amenities. The Manager and all oth,d _				
					Ame~ies staff,to''•be mutually agreed		
	upon by District will be trained and supervised-f?y Amenity Manager.		
•	Staff Training							
	Amenity  Manager will  provide  complete	tramJng, to  all	~aff in  all  operatipn~- areas		
	including customer service standards, communityl'~la'ti6µs,	pr~ramming andJ?rbmotion,		
	data	management, etc. Staff sfflill _be specifically tratned, to	assure compliance with all		
					
	governmental  requirements  and ,to  assure  that  only -public  services  are  undertaken		
	pursuant to this Agreement.							
•	Programming Components							

Amenity_	Man~ er ~r -c_reate	a	wide  arr1Y'	~f lei~ur'e'_ ~dgrams	and  acti:it~es		
		2								
										
community res1qents and__			Pro gr~ options ma-1				
the followµig	prospects.			mclude (but are not hm1ted		
	,mid_will be\pr◊moted	througf1 a				
			monthlf calendar of	events that will		
distributed 'to al1'{esi4ents.								

for to) be

►

.,).>-

-►

Sports (i.e. 'V,oileybl,lH, (b0c~e ball, etc.)	etc.)		
Aquatic,~ (i.e.	s~fmJessol½  water s1erQ}iics,			
Youth_& 'f~en Pr"{gtams/ CTubs __(i.e~ holiday camps,		

poolside games, kid's night

-►

};;>'

►

►

out,		-		
SweeJ Sixteen P~,_etc.)			
Social Progr{llll's.(i.e. wiµe "ta~jipgs, casino and movie night,  mixers, etc.)		
Fitness (i.e. p	so):J_al			
Life	training, yoga, group exercise classes, etc.)		
Enrichmen, (i:,e. seminars, culinary		
		classes, arts and crafts, etc.)		
'Qutdpor Adventure, (i.e. off site		
		excursions, hiking, biking, etc.)		

•	Amenities Op~rations

►

►

►

►

►

►

Greet			
pro~pe9-ts and gather information, make		
close the f~c'ility, etc.	community presentation, open and		
			
Implementation of a maintenance and		
	replacement program for equipment.		
Notify District when general repairs are required.		
Oversee the pool maintenance and facility cleaning contracts.		
Recommend and implement on an ongoing basis, capital equipment replacements,		
additions and operational improvements for District approval.		
Maintain monthly			
inventory of equipment and		
	supplies and replace as needed.		

16

•	Administration

►

►

►

►

►

►

►

►

►

Continuous	identification of trends in the recreation field.					
							
Oversee the scheduling	of the county park areas to	be used by area leagues and		
groups.													
Maintain prospect and realtor database.						
Maintain daily	records of program attendance.						
									
Review and respond to all District and guest suggestions.					
Establish and maintain tracking procedures for the Amenit:i~s use and programs.		
Prepare reports to District of any incidents, accidents~to-.	~				
At District request,	attend the meeting of the Boarfl 0f Supervisors ("Board") of		
the Tohoqua Community Development	,l>e' prepared to report to the		
Board regarding the general	District /"1l'd			
	management of tlf~ 4meniti~s.	~he, ~xecut~on  o!			
In  cooperation									
	w~th	District  and  withi}l "'90, ~~s	from		this		
Agreement, Amenity	Manager shall de,N"(?l6p and, implement,~ th~ satisfact10n of		
District,  an  Emergency	Action  Pl~  setting  forth	a  policy  fof  tlw  Amenities		
designed to	protect staff and aut~.z~d'patrons ~	serious injury ,,_pro~rtY,	loss,		
or loss of life. in the event	of an actuaJ ck potential major disaster, "w1ir9h	may		
include,  but not be  limited to,  any of th~ follo\3/'lng:~rre,  tornado,	~quake,		
bond threat, hazardous					·			
					d;1emical spill, or other, haz,ardous event.				

•	Communications				-writtea reports  to ,the				
	Amenity  Manager  will	submit	mo~thly		:District  sumrnar1zmg		
	operations, programming, participation, 1~vels,	}>r,Qblem$ and a]J.y/ other	areas pertinent to		
	the operation of ilie	Ameuities.						
			Amen'i~ M~n:ager-	representatives	will meet		
	with and	coII)lllµhlcate	~ori:s_istently  with	th'e	c.prpora!e·				
					Director, \Sta;ff and	the  District.	Written		
									
	communic~!.lQn,									
		c<;msistenl\sit~ visits and inpuJ to the				
							Amenities staff will be provided.		
•	Collateral and Pro~otion/M:aterials						

AmeI_!!D'Manag_er will	as$ist 1he__	~ the	development of all		
	Manager				
il}formationRl_piaterials	in otd~r to				
r~sidents and pro~ect_s.	effeGti.wy expose and promote the		
	D1sµ-i'ct will				
,iplages	provide Amenity Manager image		
of the property' to be u~ed				
	to.::Promote and market the property		
Maµa'g~r sample clien{ sli~ets.				

promotional  and community to the files and rights to and for Amenity

17

ATTACHMENT

B-COMPENSATION

AND REIMBURSEMENT

For the services described Manager shall receive compensation

in the Amenities and reimbursement

Management Agreement, the Amenity of expenses as set forth below:

I.

INVOICE

	The Amenity Manager shall invoice monthly for its Services, ancf:the		
such	invoices within thirty days of receipt and in a manner cou§'is:tent	wifu		
				
Payment Act,	Sections 218.70 through 218.80 of the Florida Stdtµte~.			

District shall pay Florida's Prompt

II.

BASE FEE

A.	The  District  shall  pay
Dollars ($_ _ ~ per through September 30, 2020.

the	AmeJllty· Manager

month .:('~~n~gemen{,

a	base

	Fee");

ma~gement fee of which' $all be fixed

	B.	The Amenity		notify the Disfi\ct ih writing to request		
		Manager rp.1,1st			
the	Management Fee on or before Aprl~ t	o_f any fiscal year- Jor,,consideration by		
prior to  the change becoming	effective. \J'h.is change shall not --t,e•, ~ffective until		
					
writing by the District, the District must accett su~h change in writing.		

a' change in the District accepted in

III.

GROSS REVENUES FROM PRQFE-S~IONA.L,SltRVICES

A.	Uport Amenity Manager's subn:vttal of an intdfoe and accurate records of all		
revenues	generated- {to-_the	satisfaction. of the				
hundred	percent  (100%),	of		Distri~t~, District shall pay Amenity Manager one		
			all  ~pe'!::_ialty  gross	re~enue,, derived  from  professional  services		
performed	or- -coerdinated	'br	Ari).eaj.ty- Map.ager			
				or	~ents  of the  Amenity  Manager  at  the		
Amenities,	-	not  limited to)	personal			
lessons,		including (b,ut			training,  group  exercise  services,  swim		
	etc.  Such" aci4_itidn11l	conzyensation					
			shall ~ot  include  revenue  generated  from  social		
pr~gnµn}ning.							

18

ATTACHMENT C

AGREEMENT REGARDING REVENUE

COLLECTION

&

PETTY CASH

As the Lifestyle Director for the TOHOQUA Community Development District ("District"), and		
pursuant to the  Amenities  Management Agreement ("Agreement")  between the District and  Artemis		
LifestyleServices,Inc.,("Amenity	Manager")dated		___  ____,	2019,	I,		
	understand that I							
		am authorized to collect amevities revenue on behalf of		
-th_e_ D-is_tri-ct-, _and_to- us-e- th-e~ Petty  Cash	Account  and/or  Petty  Cash  Cre.dit 'Card,  as  defined  in  the		
Agreement,  to  make				
	purchases as  set forth	in	the  Agreement.	In	thjg	respecl',\J  will  adhere to the		
following:								

•

•

•

•

-•

•

Compliance with														Disn:,icf'i~ a governmental entity		
and all f~es		Agreement, Rules & Policies. I under.:-tan,d (the			
	of the District are															
									therefore ~o~emmenta!-~rrds~				or mJsfian~li_ng	of such funds		
may	subject me to state and federal cnmmal and_,gvil		~use				
		pen~lt1es.	I	agree''{<> aQ1de	by all of the		
terms of the	Agreement, and the District's rules..a'nd'						may be am~ndep from time to		
time.	I further agree to abide by the	polici~s:.Qf	policies, all as			
			the, bank wlf,re the Petty Cash-Accc_mnt is held		
and/or from which the Petty Cash Credit Card is --i~sue~i.	I	una'erstand all such tem,ts, 'rul~s, and		
policies.																	
																		~				
Collection	of Revenues.		I															
				understand  that  I  may  c0Jleclt,'checks	and/or  cash	fi~r- amenities		
													
revenues on behalf of the District	a~cHn the course of my (utie!i							
		as Lifestyle Director.  I agree to		
keep an	accounting	of	all such chee~s and/(!r cash and to		p{OlllR_tly	remit such monies to the		
Amenity	Manager.	I shall not deposit ~y~cfi'mpnies in the Pelty Cash Account.			
Authorized	Expenditures Only.	I	agref ,to u~	the--Petty Cash Cr,edit"9ilrd and/or Petty Cash		
Account for approved District				a'S,	s~t fort_h	in the					
expenses.	I	further---agree			expenditure;honly,				Agreement, and not personal		
			--Qot to use the Pe_ity c4h· Cte<ii_t	Card ~			
									
kind, whether fo.i~ -1:rank~													'obtain cash advances of any		
		creqit unions, autqAf~tfo tellers, or ot~er means.  I understand that, in		
all cases	of	IIJ-isus~,	the Dis~ict \eserves the right to recover	apy	monies and other damages from		
me.																				
																								
Security.	I agree to, maintain the security of any	c~'e~ks; and/or cash received by me on behalf of		
the Distr--ict.	I furthet--~ree, J-O.,!!.la1ntain Jhe security gflhe Petty Cash Account and/or Petty Cash		
c,-e41.t£.ar~		afall times~	orperlO--pf!lVent-the~ccount and/or credit card from being used for		
fi;audulent orcQ[fupt,					
																			
A<;counting.		I?urpos~s, and to accountJ9r all	expenditures with appropriate receipts.		

o	I understand'~afthe	Petey	Cash,A.ccount and/or Petty Cash Credit Card will be funded		
	only	up to	On~	Thousand -Ogllars at any given time,  and that,  for the account to be		
	replenished,	I mll$t submit cl'ppropriate receipts to the	District pursuant to the terms of the		
																			
o	~gre~~ent.									.		.									
	I	l:l{lder~tand  that  ~naccounted  for  monies  received  by  me,  or  unaccounted  for  or		
	unappi:,oved	experlgi'tures, are my												
	discretioq of-th-(District.			responsibility, and that I may be liable for them at the		
																
o	In the event 9f lost monies, lost receipts, or loss of the Petty Cash Credit Card, I will notify the Vi'strict immediately.
o	I agree that any cash shortage will be my responsibility and I will pay back that amount immediately.
Termination	of Employment.	Upon termination of my position as				
submit all cash and		Lifescyle Director, I agree to		
	receipts, and the Petty Cash Credit Card, within 24	hours	of my last day of		
work.						

Lifestyle

Director Signature:

___

_

_____

___

_

Date:

---

-----

19

ATTACHMENT D

20_,

SUBCONTRACT AGREEMENT FOR PROGRAM SERVICES		
TIDS				
AGREEMENT is made and entered into as of this ___ day of ___  ____		
by and between:				
ARTEMIS LIFESTYLE				
SERVICES, INC., a Florida corporation,. whose address is		
1631 E Vine Street, Suite 300, Kissimmee, Florida 34744 ("Amenity Ma~ager"); and		
, a		, ,  whose  address  is		
---------  ------				
	-------..,..--- '		
------------------	("Contractor'',):~		

_

RECITALS

WHEREAS, under contract with the the Amenity Manager operates a community public;and

~

Tohoqua{;ommunity Development Bistn~t ("District"),
ameni_tx ~en~r for th~benefit of the co~munity and the
'-'

WHEREAS, the Amenity Manager desires to enter into,a stil;,contr~		
whereby   Contractor  will	provide	the I' following   lessons,	ac,tivit_ies   or		
_					
		_,			
___________				
		·,and			

agreement witb/Contractor

programs	("Services"):

WHEREAS,  Contractor  represents  th~t\ ,Contt:adoi:	
desires to enter into an agreement with the Amen~ty Manager	
specifications in this AgreeIJ1ent:	·	

is fu,

qualified do so in

-;to 'pr~vide the accoJdance with

Services and the terms and

	NOW,	THEREFORE,	in	,consideration		of ~e mutual	co~eilants,  promises  and  agreements		
									
contained herein and for other good	ap.d' valuable						
		consi~eration, the receipt and sufficiency of which are		
				1						
hereby	acknowledged  by ~he· .Parties, ~ereto,  the	Amen~fy	Manager  and  Contractor  hereby  agree  as		
follows:					
						·			
							·			

,l.,

hereµ{ as a

Recitals.	,	Th~ Re~itals set.fo.t:!h ~bove are true and correct and are incorporated	
material part o(thisAgreelll,erih	

2·.	Duties.

Exhibit A. '(~,oritr,actor shall:

Tfte scope -qf S/etvices, and schedule for the Services, are as set forth in

a.

b.

c.

d.

e.

Coordinate Services directly with Amenity Manager's representative, or his or her		
d~stgqee;				
Ensl._!re' tbat-0ply District Patrons and Guests, within the meaning of the District rules		
and p~liCJyS, as amended from time to time, participate in the lessons, activities or		
progr¥9S	offered as part of the Services;		
Shall abide by the District rules and policies, as amended from time to time, and shall		
notify the Amenity Manager in the event that any Patron, Guest or other person fails		
to abide by the District rules and policies;		
Maintain the area where the area where the Services are provided during Contractor's		
use of the amenities,	including, but not limited to, ensuring cleanliness and debris-		
free condition;			
			
Be  solely	responsible  for  the  means,  manner,  and  methods  by  which  its  duties,		
obligations, and responsibilities are performed; and		

20

f.

Maintain all necessary licenses, pennits and other authority to provide such Services.

			The Contractor agrees that it has obtained, read and understood the District's rules and policies,		
as  amended from  time to  time.   Among  other provisions, the Contractor recognizes that all  persons		
participating	in  lessons,	activities  or  programs  offered  by  the		Contractor  must  be  District  residents,		
															
individuals who have paid the	District's annual user fees, or guests	of the foregoing.				
																	
			3.						Care of	Prope11)'.	Contractor agrees to use all due care to protect the property of the		
District,  its  residents,  and  landowners  from  damage,  and  to	require  any /participants  in  its  lessons,		
activities or programs to do the same.  The Contractor agrees that it	shalf~sum¾esponsibility	for any		
and all damage to the District's		facility or lands as a result	of							
				Con .	ctox:' s use under this Agreement		
which may be attributable to events other than	ordinary wear and	tea~.,	1~ th~ event that any damage to		
the District's facility or lands oc~urs, the Contractor shall	prom~ '_	notify-tpe' ~?1enity Man~ge~.	The		
Contractor agrees that the Amemty Manager may make							
		whafeyer~angemeQts 'Qecessary,  m its sole		
discretion, to promptly make any such		repairs as are necessruy/to--							
of the  District's  lands,  facilities,	residents and  landownt;rs.				p):ssirve the hea.4h, ·s~fety, and welfare		
		The	Contractor agree,s to. reimburse the		
District ~or													
		~ny such .repairs within thirty		days											
			(~O)		ofrece.~t of a? ~voice from the )\menjty Manager		
and/or	D1stnct reflecting the cost	of the	repairs made,..under this, section.					

option,	4.						Use of	Amenities.	Contractor understands an(I		agf~es	th~} at the AmenitY., ;Manager's		
	the		Contractor may not have  exc1µsiye  use of the	amen~ty' a.rea where the  lesson,  activity or		
program is						
		being																	
																												
									provided by the Contractor, arid,i,istead	may have 'a~ces.s to only an area designated by		
the Amenity Manager.	Contractor shall be re,spQpstble. for	ensuring th~t Its, lesson, activity or program		
sizes do not exceed the				
	capacity	of the ameniti~s, and__ sliaILtimely provio~ dass.1ize information to the		
Amenity Manager to assist with this	determinatiofl-.,	Further, tbeDistrict,				
reserves the right to cancel a,ny lesson, activity or pi,:ogram,~ith-.Q,O				through the Amenity Manager,		
	orHmit~~,riotice to Contractor and for		
any	or no reason.																					
																											
			5.						Professional Judgment:•,	Contractor represents that	it'is	qualified to provide the Services		
																							
and has all applicable licel!se's,, certifications and other re$ulatory						
	approvals or qualifications, consistent		
with		industry	standards.	~or·	tho$e		offering  swim  in~treftion,  Contractor  further  represents  that		
									
Contractor	Ju(s	The ~rti_fi~ation(~ as<				
								.51_4.0J),	Florida	S~atutes and_ other applicable.law.		
Contracjcfr shall rrramt?-m					P:ov.iQ..ed.ih--s .					
	all reqmr~d 'licenses 1n-effect ~nd	shall at all times exercise sound professional		
judgmendn	providing the._Servjces, 'in~ltidjng taking	precautions for the safety of the attendees and others		
										
at .#ie~menities.  All minor~.	participatiQ_g in,an);, lessons,	activities	or	programs shall only be with the		
consent 'Qf		a'-	.J?arent or guardi{ln.	. The	Di~tri~\>shall  in no way be				
						responsible  for  the  safety	of any		
participant	o,r	0th.er person while\usi'ng							
			Distrk;tfacilities.  All such participants shall execute the District's		
form	waiver  agreement,	and	the	Cpntracfur  shall  be  responsible  for  ensuring  that  participants  have		
							
executed the fonn.							
																										
			6.						Compensation.		The  compensation  for  the  Services	is  as  set  forth  in  Exhibit  A.		
Collection	of							
		the fees for"{,he ~etvices	is	as described in Exhibit A.		Contractor agrees to keep accurate		
records	of	the Services it p~ovides, including the number		of								
					attendees, as well as any fees collected	(if		
any), and the Amenity Mairager and/or District may audit such records at any time.				

7.	Term.  Unless terminated pursuant to the terms of this Agreement,	
commence  upon the  date  first  written  above,  shall  continue  through  September	
automatically renew for one year periods	
	ending September 30 of each year.	

this 30,

Agreement 20_, and

shall shall

8.	Insurance.
Amenity Manager and in the

Contractor  agrees  to  obtain  insurance  acceptable  to  the  District  and		
amounts set forth in Exhibit B.	The	District, and its Supervisors, Staff		

21

(including  District  Manager,  District  Counsel,  Amenity  Manager,  etc.),  contractors,  agents,  and		
representatives shall be named as								
				additional insureds on certain of the policies, as shown on Exhibit B.		
The Contractor shall furnish the Amenity			Certificate of Insurance ( and any		
					Manager and District with the			
endorsements) evidencing compliance with the insurance	requirements	set forth  herein.	No certificate		
shall be acceptable unless  it provides that any change	or					
		termination within the policy periods of the		
insurance	coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the		
Amenity Manager.  Insurance coverage shall be from a reputable insurance carrier, licensed to conduct		
business in the State of Florida.								
9.	Indemnification.	Contractor agrees to defend, indemnify/a,nd ·holclharmless the District		
and  its  Supervisors,  Staff					
		(including  District  Manager,  District  Cefuns~l,  etc.),  Amenity  Manager,		
contractors, agents, and				
										
		representatives from any and all liability, cl<,l.i~s; aeti'ons, suits or demands by any		
person, corporation or other entity, including, but not limited to, all_					
							employees, agents and representatives		
of the Contractor, attendees:	~~ persons traveling to or from,,the_le~ns,	activ~t~s. or programs offered		
by Contractor, and for any	mJunes, death, theft, real or	per.s911ai--p~perty	damage,or"lpss	of any nature,		
and  any  other  claim  of any  type	or  nature,  arising  out, /of,  or  in  connection  wi(h, the  Services  or		
Contractor's use of the	amenities in connection with ifiis				of litigation or		
						A$reemen~ncluding the co~			

any

appellate proceedings with respect thereto.	'	

10.

the Amenity

Independent Contractor.

Manager.

The Contractor

shl\-_ll

se'rye

as

~

independent '¢)11tractor

of

	11.	Taxes.	The	Contractor is reSf>~iblt} for	paying inco1'_le ·14x and	self-employment tax,		
and  the  Amenity							
	Manager will  not withhold ,axes ..from' any  compensatjorr patd	hereunder.  Amenity		
Manager and District shall not be obligated to	pa~;\and shall be-immediately';l"ejnibursed by Contractor if		
Amenity  Manager	or	District -do~s	pay,  any	taxe,s,  incMling, _		Qt interest	charges,  levied	or		
assessed  by  reason  of ~)'.	fall!ire			penaltjes					
		of Contractor fQ ' .c6!}lply  with ,the	Agreement,	applicable  laws	or		
governmental	regulations; ~nd  Conp-actor's defense, 'i_						
				hold harmless obligations set		
forth in	paragraph					ndemnification ~rid			
		~abQve'- ~xtend to,\ among other thin"gs. (and withoilt	intending to limit paragraph 9 in		
					
any way), the	payment	o~y'and all sucn taxes, penalties\~d interest.			

12 ,	Sovereign Immunitv: ·Go.!!_tractor _fµrther~grees  that		
the		District's		
Partjes/sh"allconsti_!ute'or be coq_stru.~d as a w-a~r o0he			
Secti¢t 768.28,	FloridaSt__atutes, or otQel"statute or law:			

nothing in the agreement between limitations on liability contained in

'I~.	Enforcement-  ln\ the eveQt tliijt either	Party	is	required to enforce this Agreement by		
								
court proceeQings or							
							
	otherwise, 't:herl, the Parli,~s agree that the				
from  the  other	all fees  and  coSfs		prevailing Party shall be entitled to recover		
		)ncurre\1,  including  reasonable  attorneys'  fees  and  costs  for  trial,		
alternative dispute,resQlution,	or appellate proceedings.					

of

14.	Third'•Party
o;;,
this Agreement.

Rights.
-

The District shall

have third

party rights

to

enforce the provisions

15 .

Agreement

Agreement.

may

Amendments.

be made only by

Amendments an instrument

to in

and waivers writing which

of	the	prov1s1ons  contained	in  this	
is				
executed by both of the Parties to this	

16.

be construed,

Controlling Law. This interpreted, and controlled

Agreement and the provisions contained in this Agreement shall according to the laws of the State of Florida.

22

17.	Assignment.	Neither  the  Amenity	Manager  nor  the  Contractor  may  assign  this		
Agreement					
	or any monies to become due hereunder without the prior written approval	of the other.		
18.	Merger.	This	instrument  shall  constitute  the  final	and  complete	expression  of the		
agreement between the Parties relating to the subject matter of this Agreement.			
19.	Public Records.  All records relating to this				
				Agreement may be public records, and the		
Contractor agrees to  comply with  Florida law  governing  public  records,  including  by responding to		
requests from the District and/or Amenity Manager for such records.	·			

shall be Parties,

20.	Notices.	,	~		
		All notices, requests, consents and other comniunications hereunder ("Notices")		
in writing and shall be			
as follows:	delivered, mailed by First Class Mail/1:>_,,,osla~e prepaid, or telecopied to the		

If

to Contractor:

If

to Amenity Manager:

If

to District:

Artemis Lifesty1-t::i Services, Inc. 1631 E Vine Streel,-_Stlite 300 'Ki§s'immee, FL 3474~

~boqua -Cqniinu_~ty De¥~lopment District 13'S\WY~/Cenlral Blvd.,/,SUite 320 OrlaQ.do', Florida 32-SQl' Attn: '{)istrict Manager

Latham, Sfi~er,

l-lJ N. M4g'nolia
-Orlando,, Florida
'-'-

Eden & Beaudine, LLP Ave, Suite 1400
32801

				Attn: -District Counsel			
Except as"-otherwise provided 'iµthis Agre~e~i; any Notice shall be deemed received only upon actual		
delivery at~ a'dgress set forth apov.,e.  Noti-9,es delivered after 5:00 p.m. (at the place of delivery) or on a		
non-business		d~ shall be deem~	r,eceive'a on the next business day.	If any time for giving Notice		
contained in	this ~gre~ment would	ptherwise expire on a non-business day, the Notice period shall be		
extended to the			
						
United States	nexti\ucceeding bi.J~iness day.  Saturdays,	Sundays, and legal holidays recognized by the		
	govemm'el_}t shaU11ot					
		be regarded as business days.  Counsel for each of the Parties may		
deliver Notice on behalf o'f the,,Party counsel	represents.  Any Party or other person to whom Notices are		
to be sent or copied may n_91:ify the other Party 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 Party and addressees set		

forth

herein.

21.	Termination.	This Agreement may be terminated	
		immediately by the Amenity Manager	
for cause, or upon 30 days written notice by either Party for any or no reason.  Contractor shall not be	
entitled to lost profits or any other damages of any kind resulting from any termination by the Amenity	
Manager, provided however that Contractor shall be entitled to payment for any work provided through	
the effective date of termination, subject to any offsets.	

23

of

IN WITNESS WHEREOF, the Parties hereto have executed this the day and year first written above.

Agreement

to

be effective as

ARTEMIS LIFESTYLE

SERVICES,

INC.

[Print Name

of

Witness]

By:

[Print Name of Witness]

ACKNOWLEDGED BY:

TOHOQUA COMMUNITY DEVELOPMENT DISTRICT

By:

By:
Its:

-----------
District Manager

Exhibit A:

Exhibit B:

Scope,,Sc)iedule &,Compensation

lns'!,ra~e '€ertificate'(w1th Endorsemen't_s)

24

Exhibit A

Scope, Schedule & Compensation

Services & Compensation.

compensation as follows:

The Contractor shall provide the

following

type

of

Services, with the

Lesson, Activity or Program	Permitted Fee to		
Swimming Lesson	Patrons		

/
\. (

Contractor Compensation
... ,
.----...\.,

'"~ \.\._

		/"-..	~	"''\...			
				"~'-,		
	/,...,r	~			
						
Collection ofFees.  Collection offees from p,4tt:pns--&hall	be dqne as follows:			
__	Contractor shall directly collect any· and all	fe~s from Plltrons, and remit ~ny· atfiounts		
above Contractor's		•✓	,	'¾	, .		
__	compensation to the Ameni~ Manager; 0~						
	Patrons shall make paym~t directly to the	Am.._emty'		a-third party		
service ( e.g., Pay Pal).			Manager or through			

Schedule.	The Contractor	
the		
Amenity Manager OR __ on	

shall provide.Joe 'Sl3Q:ices, the following s~hedule:

Qn

_

an

as'Qeeo~basis

at the

request

of

Agreed to Agreed to Date:

by by

Contractor:

Amenity Manager:

___

___

(Initials)

(Initials)

25

ExhibitB

Insurance Certificate (with Endorsements)

Amounts:

_	General Liability	$______				
_						
	Professional Liability	$						
	Other		------				
			$						
	Other		------				
			$						
			------	,,			
									
The Tohoqua Community Development District, and  its ,St,ipervisors, ~taff (including		
Manager,  District Counsel, Amenity Manager,  etc.),  contractors,  ~~nts,  and  representatives		
named	as	additional	insureds	on	the	6enera1>Liab1i-~	policy		

District shall be and

----------

---

-------

~polic(ies)identified

above.,

[NOTE	TO	AMENITY	MANAGER:	ATTACH		
ENDORSEMENTS]				

~NSU~N~E

CERTIFIC,i,-TE	AND

26

Fiscal

Year

ATTACHMENT E 2019/2020 Annual Operating

Budget

27

--·--~---:-~

SECTION

VI

SECTt·ON-

C

SECTION

1

Bank

General Fund

Tohoqua			
Community Development District		
Summa ry of Checks		
April 24, 2018 to May 28,	2019		
Date	Check No.'s		
			
5/13/19	56		
5/20/19			
	57-60		
5/22/19			
	61		

$

$

$

$

$

Amount

5,236.34

11,934.59

1,027.10

18,198.03

18,198.03 1

AP300R
*** CHECK  DATES

04/24/2019		YEAR-TO-DATE	ACCOUNTS	PAYABLE	PREPAID/COMPUTER	CHECK	REGISTER	RUN	5/30/19		
	-	05/28/2019  ***									
			TOHOQUA  -	GENERAL							
					FUND						
											
			BANK  A GENERAL  FUND						

PAGE	1	

CHECK	VEND#

DATE

..•..				TO...					
INVOICE .•..•...EXPENSED			VENDOR	NAME		
DATE	INVOICE	YRMO	DPT	ACCT#	SUB				
						SUBCLASS			

STATUS	AMOUNT		

....CHECK .....
AMOUNT	#

5/13/19	00002	

5/20/19	00009	

5/01/1929	201905	310-51300-34000		
MANAGEMENT  FEES-MAY19		
5/01/1929	201905	310-51300-35100		
INFORMATION  TECH-MAY19		
5/01/1929	201905	310-51300-31300		
DISSEMINATION-MAY19		
5/01/1929	201905	310-51300-51000		
OFFICE	SUPPLIES			
				
5/01/1929	201905	310-51300-42000		
POSTAGE				
				
5/01/1929			201905		310-51300-42500		
	COPIES						
							
5/01/1930	.		201905		320-53800-12000		
----	FIELD	MANAGEMENT-MAY19		
	-	- -	-	- - -	-	GOVERNMENTAL		
						-------		
4/30/19	177079		201904		320-53800-46300		
	3	PONDS	MINAT				
				APR19		

MANAGEMENT

SERVICES

*	3,004.17		
			
*	100.00		
			
*	416.67		
*	.12		
			
*	2.06		
*	46.65		
			
*	1,666.67		

-	-	-	-	-	----	-		
*					1,015.00			

-	5,236.34	000056		
	----			

5/20/19	00008	

- - - 5/01/19

5/01/19

-

- - 1304
PHI 1305 CPP

-----	- - -	- - -	APPLIED		
			- -		
201905	320-53800-46200		
LANDSCAPE	MAINT	MAY19			
201905-320-53800-46200		
LANDSCAPE	MAINT	MAY19			

AQUATIC

MANAGEMENT,

INC.

-	-	-	-	-	----	-		
*					5,410.00			
								
*					3,410.00			

1,015.00	000057	
-----		

5/20/19	00014	

5/20/19	00004	

EARTH	TEC

5/13/19	2357644-	201905	320-53800-43100				
	1700							
5/13/19		TOHOQUA  BLCD  V/L				
	23757644	201905	320-53800-43000				
	16501	TOHOQUA					
			BLVD  ENT				
				KISSIMMEE	UTILITY	AUTHORITY		
								
4/22/19	85236		201903	310-51300-31500				
								
5/14/19	MANAGEMENT/CONTRCTS/HOA				
	85584		201904	310-51300-31500				
								
	HOA/AMENITY/MAINTENANCE				

-	-	-	-	-	-	- - -	-		
*						842.89			
*						17.70			
									
*						612.00			
									
*						627.00			

8,820.00	000058	
- -	- - -		
	860.59	000059	

5/22/19	00012	

- - - 5/15/19

5/15/19 5/15/19

-	- -	- -	-	- -	-----	-	LATHAM,		
							- -		
	54105APR	201904	320-53800-43200		
	1700	BLOCK				
			TOHOQUA  BLVD				
54143APR	201904	320-53800-43200		
	1600	BLOCK				
			BREEZEWOOD  ST				
54144APR	201904	320-53800-43200		
	1800	BLOCK				
			CROOS  PRAIRIE				

SHUKER,

EDEN

&

BEAUDINE,LLP

*	238.43		
*	131.14		
*	657.53		

1,239.00	000060	

ST.	CLOUD	UTILITIES		

			TOTAL	FOR	BANK	A	18,198.03		
									
TQUA	TOHOQUA	COD	KCOSTA						

1,027.10	000061	

AP300R
*** CHECK  DATES

CHECK	VEND#

DATE

04/24/2019		YEAR-TO-DATE	ACCOUNTS	PAYABLE	PREPAID/COMPUTER	CHECK	REGISTER		
	-	05/28/2019  ***							
			TOHOQUA  -	GENERAL					
					FUND				
									
			BANK  A GENERAL  FUND				

.....		....EXPENSED	TO...						
INVOICE ... •				VENDOR	NAME	STATUS		
DATE	INVOICE	YRMO	DPT	ACCT#	SUB					
						SUBCLASS				

RUN	5/30/19

AMOUNT

PAGE	2

..•. CHECK .....
AMOUNT	#

TOTAL	FOR	REGISTER	18,198.03		

TQUA

TOHOQUA

COD

KCOSTA

SECTION

.	.

2

•	•

•	•	•

•

•	•

•

•

•	•

•
•

•••••

•
•

TOHOQUA

Community Development District

Unaudited Financial Reporting

April 30, 2019

•	•	•

•

•

•	•

•

•	•	•

•

G~S

Govemmental Management Services

•	•

-

•

1

2-3

4

5

6-7

8

9

10

Table of Contents

Balance Sheet

General Fund Income Statement

Debt Service Fund Income Statement

Ca pita I Projects Fund Income Statement

Month to Month

Long Term Debt Summary

Series 2018 Construction Schedule

Assessment Receipt Schedule

Tohoqua

COMMUNITY DEVELOPMENT DISTRICT

BALANa SHEET

April30,2019

General	Debt Service

Fund	Fund

Capital Projects
Fund

Totals

ASSETS:

CASH

INVESTMENTS

SERIES 2018

RESERVE

REVENUE

CAPITAL INTEREST

CONSTRUCTION

PREPAID EXPENSES

TOTAL ASSETS

LIABILITIES:

ACCOUNTS PAYABLE

DUE TO OTHER

FUND EQUITY:

FUND BALANCES:

RESTRICTED FOR DEBT SERVICE RESTRICTED FOR CAPITAL PROJECTS

UNASSIGNED

TOTAL  LIABILITIES & FUND EQUITY

$106,393			
	$69,039		
	$137,714		
	$2		
		$13,357	
$1,549			
$107,942	$206,755	$13,357	
$3,281			
$8,179			
	$206,755		
		$13,357	
$96,482			
$107,942	$206,755	$13,357	

$106,393

$69,039

$137,714

$2

$13,357

$1,549

$328,054

$3,281

$8,179

$206,755

$13,357

$96,482

$328,054

Tohoqua

COMMUNITY DEVELOPMENT DISTRICT

GENERAL FUND

Statement of Revenues & Expenditures

For The Period Ending April 30, 2019

AMENDED	PRORATED BUDGET

ACTUAL

REVENUES:		
DEVELOPER CONTRIBUTIONS	
ASSESSMENTS-TAX COLLECTOR	
ASSESSMENTS-DIRECT	(PLATTED)	
ASSESSMENTS- DIRECT	(UNPLATTED)	
TOTAL REVENUES		
EXPENDITURES:		
ADMINISTRATIVE:		
SUPERVISOR FEES		
FICA EXPENSE		
ENGi NEERING		
ATTORNEY			
ANNUAL AUDIT		
ASSESSMENT ADMINISTRATION	
ARBITRAGE			
DISSEMINATION AGENT		
TRUSTEE FEES		
MANAGEMENT FEES		
INFORMATION TECHNOLOGY	
TELEPHONE			
POSTAGE			
INSURANCE			
PRINTING &	Bl NDI NG		
LEGALADVERTISING		
OTHER CURRENT CHARGES	
OFFICE SUPPLIES		
DUES, LICENSE & SUBSCRITIONS	
TOTAL ADMINISTRATIVE EXPENDITURES	
OPERATIONS & MAINTENANCE	
CDNTRACT SERVICES		
Fl ELD MANAGEMENT		
AMENITIES	MANAGEMENT	
LANDSCAPE	MAINTENANCE	
LAKE MAINTENANCE		
WETLAND MAINTENANCE	
WETLAND MITIGATION REPORTING	
POOL MAINTENANCE		
PEST CONTROL		
JANITORIAL	SERVICES		

BUDGET	THRU 04/30/19

THRU 04/30/19

VARIANCE

$686,237	$400,305	$5,000		
				
$72,546	$72,546	$72,573		
$87,298	$65,474	$87,298		
				
$106,132	$79,599	$53,066		
				
$952,213	$617,924	$217,937		

($395,305)

$27

$21,825

($26,533)

($399,987)

$9,600

$734

$12,000

$25,000

$2,500

$5,000

$600

$5,000

$3,717

$36,050

$1,200

$300

$1,000

$5,500

$1,000

$5,000

$1,000

$625

$175

$116,001

$20,000

$75,000

$350,000

$10,000

$5,000

$6,000

$12,500

$600

$12,500

$5,600

$428

$7,000

$14,583

$0

$5,000

$350

$2,917

$2,168

$21,029

$700

$175

$583

$5,500

$583

$2,917

$583

$365

$175

$70,657

$11,667

$43,750

$204,167

$5,833

$2,917

$3,500

$7,292

$350

$7,292

$600	$5,000	
$46	$382	
$190	$6,810	
$3,597	$10,986	
$0	$0	
$2,500	$2,500	
$0	$350	
$2,917	($0)	
$2,168	($0)	
$21,029	($0)	
$700	$0	
$19	$156	
$41	$543	
$5,000	$500	
$109	$475	
$0	$2,917	
$352	$232	
$61	$303	
$175	$0	
$39,504	$31,153	

$11,667	($0)	
$0	$43,750	
$61,740	$142,427	
$5,075	$758	
$0	$2,917	
$0	$3,500	
$0	$7,292	
$0	$350	
$0	$7,292	

2

Tohoqua

COMMUNITY DEVELOPMENT DISTRICT

GENERAL FUND

Statement of Revenues & Expenditures

For The Period Ending April 30, 2019

AMENDED	PRORATED BUDGET

BUDGET	THRU 04/30/19

ACTUAL

THRU 04/30/19

VARIANCE

REPAIRS	& MAINTENANCE	
LANDSCAPE REPLACEMENT	
IRRIGATION REPAIRS	
GENERAL REPAIRS & MAINTENANCE	
OPERATING SUPPLIES	
ROAD	& SIDEWALK MAINTENANCE	
SIGNAGE		
WALLS-REPAIR/CLEANING	
FENCING		
UTILITIES	
POOL-ELECTRIC	
POOL-WATER	
ELECTRIC		
WATER & SEWER	
STREETLIGHTS	
GAS			
AMENITIES	
PROPERTY INSURANCE	
POOL ATTENDANTS	
POOL REPAIRS & MAINTENANCE	
POOL PERMITS	
TRASH	COLLECTION	
TELEPHONE	
CABLE/INTERNET	
ACCESS CARDS	
SECURITY/ALARMS/REPAIRS	
SREPAIRS	& MAINTENANCE	
OFFICE SUPPLIES	
ACTIVITIES	
TERMITE	BONO	
HOLIDAY	DECOR	
OTHER			
CONTINGENCY	
CAPITAL RESERVE	
TOTAL	OPERATIONS & MAINTENANCE EXPENDITURES	
TOTAL	EX	PEN DITU RES	
EXCESS REVENUES (EXPENDITURES)	
FUND BALANCE-Beginning	
FUND BALANCE- Ending	

$25,000	$14,583	
$2,000	$1,167	
$1,000	$583	
$1,000	$583	
$1,500	$875	
$250	$146	
$1,500	$875	
$250	$146	
$15,000	$8,750	
$600	$350	
$10,000	$5,833	
$57,500	$33,542	
$75,000	$43,750	
$6,000	$3,500	
$20,000	$20,000	
$12,500	$7,292	
$9,000	$5,250	
$750	$438	
$6,000	$3,500	
$1,250	$729	
$3,750	$2,188	
$1,250	$729	
$17,500	$10,208	
$17,500	$10,208	
$2,500	$1,458	
$12,500	$7,292	
$750	$438	
$2,500	$1,458	
$25,000	$14,583	
$15,262	$0	
$836,212	$487,221	
$952,213	$557,878	
$0		
$0		
$0		

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$371

$2,351

$5,235

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$86,439

$125,943

$91,994

$4,488

$96,482

$14,583

$1,167

$583

$583

$875

$146

$875

$146

$8,750

$350

$5,463

$31,191

$38,515

$3,500

$20,000

$7,292

$5,250

$438

$3,500

$729

$2,188

$729

$10,208

$10,208

$1,458

$7,292

$438

$1,458

$14,583

$0

$400,782

$431,935

3

REVENUES:

Tohoqua

COMMUNITY DEVELOPMENT DISTRICT

DEBT SERVICE

Statement of Revenues & Expenditures

For The Period Ending April 30, 2019

ADOPTED	PRORATED BUDGET

BUDGET	THRU 04/30/19

ACTUAL

THRU 04/30/19

VARIANCE

ASSESSMENTS - TAX COLLECTOR ASSESSMENTS-DIRECT INTEREST

TOTAL REVENUES

EXPENDITURES:

Serles 2016

INTEREST - 11/01

PRINOPAL-05/01

INTEREST - 05/01

TRANSFER OUT

TOTAL EXPENDITURES

EXCESS REVENUES (EXPENDITURES)

FUND BALANCE- Beginning

FUND BALANCE-Ending

$62,370	$62,370	$62,492	
$75,088	$56,316	$75,088	
$0	$0	$197	
$137,458	$118,686	$137,777	

$51,415	$51,415	$51,415		
$35,000	$0	$0		
				
$51,415	$0	$0		
				
$0	$0	$243		
				
$137,830	$51,415	$51,658		
($372)		$86,119		
$51,536		$120,636		
$51,164		$206,755		

$122

$18,772

$197

$19,091

$0

$0

$0

($243)

($243)

4

REVENUES:

INTEREST

TRANSFER IN

TOTAL REVENUES

EXPENDITURES:

Serles2016

CAPITAL OUTLAY

CAPITAL OUTLAV- COSTS OF ISSUANCE

TOTAL EXPENDITURES

EXCESS REVENUES (EXPENDITURES}

FUND BALANCE • Beginning

FUND BALANCE - Ending

Tohoqua

COMMUNITY DEVELOPMENT DISTRICT

CAPITAL PROJECT FUND

Statement of Revenues & Expenditures

For The Period Ending April 30, 2019

ADOPTED	PRORATED BUDGET

BUDGET	THRU 04/30/19

$0	$0

$0	$0

$0	$0

$0	$0	
$0	$0	
$0	$0	
$0		
$0		
$0		

ACTUAL

THRU 04/30/19

$23

$243

$266

$0

$0

$0

$266

$13,091

$13,357

VARIANCE

$23

$243

$266

$0

$0

$0

5

REVENUES:

DEVELOPER CONTRIBUTIONS

ASSESSMENTS - TAX COLLECTOR

ASSESSMENTS- DIRECT (PlATT£D)

ASSESSMENTS- DIRECT(UNPIATTEO)

TOTAL REVENUES

EXPENDITURES·

ADMINISTRATIVE·

OC1

$5,000

$0

$0

$0

I	$5,000		

NOV

so

$0

$0

so

$0

DEC

so

$72,561

S43,649

so

$116,210

	Tohoqua				
COMMUNITY DEVELOPMENT DISTRICT			
JAN	FEB	MAR	APR		
so	so	so	$0		
Sll	$0	$0	so		
S43,649	$0	so	so		
					
$0	$0	$53,066	so		
					
$43,660	$0	SSJ 106:6	$0		

MAY

so

$0

so

$0

$0

JUN

so
so
so

so

$0

JUL

$0

$0

$0

$0

so

AUG

so

$0

so

$0

$0

SCPf	TOTAL	
$0	S5,000	
so	S72,S73	
$0	$87,298	
$0	$53,066	
so	$212,937	

SUPERVISOR FEES

FICA EXPENSE

ENGINEERING

ATTORNEY

ANNUAL AUDIT

ASSESSMENT ADMINISTRATION

ARBITRAGE

DISSEMINATION AGENT

TRUSTEE FEES

MANAGEMENT FEES

INFORMATION TECHNOLOGY

TELEPHONE

POSTAGE

INSURANCE

PRINTING & BINOING

LEGAL ADVERTISING

OTHER CURRENT CHARGES

OFFICE SUPPLIES

DUES, LICENSE & SU8SCRITIONS

TOTAL ADMINISTRATIVE EXPENDITURES

QfWllP.lti I M!Ltm:tii9tlff

CONTRACT SERVlaS

FIELD MANAGEMENT

AMENITIES MANAGEMENT

IANOSCAPE MAINTENANCE

!AKE MAINTENANCE

WETLAND MAINTENANCE

WETLAND MITIGATION REPORTING

POOL MAINTENANCE

PEST CONTROL

JANITORIAL SERVICES

	$200		
	$15		
	$95		
	$735		
	$0		
	S2,500		
	$0		
	$417		
	$0		
	S3,004		
	$100		
	$0		
	$3		
	$5,000		
	$23		
	$0		
	$1S		
	$20		
	$175		
I	S'IJ ,302		
			
	$1,667		
	$0		
	SB,820		
	$0		
	$0		
	$0		
	so		
	$0		
	$0		

$400		$0	
$31		so	
$95		$0	
Sl,624		$0	
$0		$0	
so		so	
$0		so	
$417	$417	
$0		$0	
S3,004	S3,004	
SlOO	SlOO	
$19		$0	
$2		S11	
So		so	
S2S		$S3	
$0		$0	
$15		$0	
$20		$20	
$0		$0	
SS,751	$3,606	
$1,667	$1,667	
$0		$0	
$8,820	$8	,820	
$0	$1,015	
$0		$0	
So		$0	
So		so	
$0		$0	
$0		$0	

$0	$0	
so	so	
$0	$0	
$0	$0	
$0	$0	
$0	so	
$0	$0	
$417	$417	
$0	$0	
S3,004	S3,004	
$100	$100	
$0	$0	
Sl	S3	
so	so	
$1	$1	
so	$0	
S297	$25	
$0	$0	
$0	$0	
Sl,820	$3,SSO	
$1,667	$1,667	
$0	$0	
SB,820	$8,820	
$1,015	$1,015	
$0	so	
so	so	
so	so	
$0	$0	
$0	so	

	$0	
	So	
	$0	
$6U	
	$0	
	so	
	$0	
$417	
$2,168	
S3,004	
$100	
	$0	
	$2	
	So	
	$0	
	so	
	so	
	$0	
	$0	
S6,	J_(ll	
$1,667	
	$0	
$8,	820	
$1,015	
	So	
	$0	
	$0	
	$0	
	so	

	$0	
	so	
	$0	
$627	
	$0	
	So	
	So	
$417	
	so	
$3,004	
$100	
	$0	
S19	
	so	
	$S	
	so	
	$0	
	$0	
	$0	
~1	72	
$1,667	
$0	
$8,820	
$1,015	
	so	
so	
$0	
$0	
$0	

$0

so
$0
so

$0

so

so

$0

So

$0

$0

$0

so

$0

$0

$0

$0

So

$0

so

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

so
so
so

$0

$0

$0

so

S0
so
$0

$0

so

$0

so

$0

$0

so

$0
SO____

$0

$0
so

$0

$0

$0

$0

$0

$0

$0

so

$0

$0

$0

So

So

$0

so

$0

$0

$0

$0

so

$0

$0

$0

$0

$0

so_

$0

$0
so

$0

$0

so

$0

$0

$0

$0

so

so

so

$0

$0

$0

$0

$0

$0

S0

$0

$0

so

so
so

$0

so

$0

so

$0

$0
so
so

$0

so

$0

$0

$0

$0	$600	
So	S46	
$0	$190	
so	$3,597	
so	so	
$0	S2,SOO	
$0	$0	
$0	$2,917	
$0	Sl,168	
so	$21,029	
so	S700	
so	S19	
So	S41	
so	$5,000	
$0	S109	
$0	$0	
$0	$352	
$0	$61	
$0	$175	
$0	S39,504	
$0	$11,667	
$0	so	
so	$61,740	
$0	$5,075	
$0	$0	
so	$0	
$0	$0	
so	$0	
so	so	

6

Tohoqua

COMMUNITY DEVELOPMENT DISTRICT

REPAIRS	& MAINTENANCE	
LANDSCAPE REPLACEMENT	
IRRIGATION REPAIRS	
GENERAL REPAIRS & MAINTENANCE	
OPERATING SUPPLIES	
ROAD & S tOEWALK MAINTENANCE	
SIGNAGE	
WALLS -	REPAIR/CLEANING	
FENCING		
UTILmES	
POOL • ELECTRIC	
POOL-WATER	
ELECTRIC	
WATER & SEWER	
STREETUGITTS	
GAS			
AMENmES	
PROPERTY INSURANCE	
POOL	ATTENDANTS	
P00L	REPAIRS & MAINTENANCE	
P00L	PERMITS	
TRASH COLLECTION	
TELEPHONE	
CABLE/INTERNET	
ACCESS CARDS	
SECURITY/ALARMS/REPAIRS	
SREPAIRS & MAINTENANCE	
OFFICE SUPPLIES	
ACTIVITIES	
TERMITE	BOND	
HOLIDAY	DECOR	
OTHER		
CONTINGENCY	
CAPITAL RESERVE	

OCT

so

$0

so

$0

$0

so

so

so

$0

$0

$0

$0

$0

$0

$0

$0

so

$0

so

so

$0

$0

$0

$0

$0

$0

$0

$0

$0

so

NOV

So

So

$0

so

$0

so

so

so

$0

$0

$0

$0

$0

$0

$0

$0

so

$0

$0

$0

$0

$0

so

so

so

$0

so

$0

$0

so

DEC

so

$0

$0

$0

$0

$0

$0

so

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

So

So

so

so

So

so

$0

so

so

JAN

so

$0

$0

so

$0

so

so

so

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

so

so

$0

$0

so

so

$0

so

so

So

so

so

FEB

$0

$0

$0

$0

so

so

$0

so

$0

$0

$0

$388

so

$0

$0

$0

$0

so

$0

so

so

$0

so

so

$0

so

so

$0

$0

$0

	MAR	
	$0	
	so	
	$0	
	$0	
	so	
	so	
	$0	
	so	
	$0	
	So	
$371	
$936	
$5	,235	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	so	
	$0	
	so	
	$0	
	so	
	$0	
	so	
	$0	
	$0	
	$0	

APR

so

so

so

$0

$0

so

$0

$0

so

$0

$0

$1,027

$0

$0

$0

$0

$0

$0

$0

$0

so

$0

so

so

so

so

$0

$0

So

$0

MAY

$0

so

$0

$0

$0

$0

so

so

$0

so

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

so

so

$0

$0

JUN

so

so

$0

$0

$0

$0

so

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

so

so

$0

$0

$0

$0

so

$0

$0

$0

so

JUL

$0

so

$0

$0

$0

so

so

so

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

so

$0

$0

$0

$0

so

$0

$0

$0

so

AUG

$0

so

$0

$0

$0

$0

so

So

$0

so

$0

$0

$0

$0

$0

so

$0

$0

$0

$0

$0

so

$0

so

so

so

so

$0

$0

$0

SEP'I

$0

so

$0

$0

so

so

so

$0

$0

so

$0

$0

$0

$0

$0

so

$0

$0

$0

$0

$0

so

$0

$0

so

$0

so

so

so

so

TOTAL		
	$0	
	$0	
	$0	
	$0	
	so	
	so	
	$0	
	$0	
	$0	
	so	
$371	
$2	,351	
$5	,23S	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	$0	
	So	
	$0	
	$0	
	so	
	$0	

TOTAi. OPERATIONS & MAINTENANCE EXPENDITURES

TOTAi. EXPENDITURES

EXCESS REVENUES !EXPENDITURES)

I

I

I

$10,487	
$22,789	
$5,	000	

$10,487	
$1.	6,238	
1$16,238)	

$11,S02

$15,107

SlOl,103

$11,502	$11,890	$18,044	S12	,529		
$15,322	$15,440	S24,347	$16,701		
S28,339	!S15,440I	I2!ino	!$16,701)		

$0

$0

$0

$0

$0

$0

$0

$0

so

$0

$0

$0

$0

$0

$0

$86,439	
$125,943	
$91	,9941	

7

TOHOQUA

COMMUNITY

DEVELOPMENT

DISTRICT

LONG

TERM

DEBT

REPORT

SERIES

2018,

SPECIAL

ASSESSMENT

REVENUE

BONDS

INTEREST RATES:

MATURITY DATE:

RESERVE FUND DEFINITION

RESERVE FUND REQUIREMENT

RESERVE FUND BALANCE

4.7%,4.8%		
5/1/2048		
50%OF	MAXIMUM ANNUALDEBTSERVICE		
			
	$69,039		
	$69,039		

BONDS OUTSTANDING - 02/08/18

CURRENT BONDS OUTSTANDING

$2,165,000

$2,165,000

8

Tohoqua

COMMUNITY

DEVELOPMENT

DISTRICT

Special

Assessment

Revenue

Bonds,

Series

2018

Date

Fiscal Year 2018

3/16/18

Requisition#	Contractor

Tohoqua Development Group, LLC

Description	Requisition

Reimburse Developer for Construction Costs related to Tohoqua Phase lA-1 & lA-2	$	1,799,045.21

Fiscal Year 2018

3/1/18

4/1/18

5/1/18

6/1/18

7/1/18

7/9/18

8/1/18

9/1/18

TOTAL

Interest

Interest

Interest

Interest

Interest

Transfer from Cost of Issuance

Interest

Interest

TOTAL

Project (ConstNction) Fund at 02/08/18

lnten,st Earned lhru 09/30/18

Requisitions Paid thru 09/30/18

Remaining Project (Construction) Fund

$	1,799,045.21	
s	206.99	
$	147.87	
$	0.03	
$	0.03	
$	0.03	
$	12,937.11	
$	2.48	
$	3.33	
$	13,297.87	
$	1,798,838.22	
$	13,297.87	
$	(1,799,045.21)	
$	13,090.88	

Date	Requisition #	Contractor

Flscal Year 2019

Description

Requisition

Fiscal Year 2019

10/1/18

11/1/18

11/6/18

12/1/18

1/1/19

2/1/19

3/1/19

4/1/19

TOTAL

Interest

Interest

Transfer from capital Interest

Interest

Interest

Interest

Interest

Interest

TOTAL

Project (Construction) Fund at 09/30/18

lnten,st Eamed thru 04/30/19

Requisitions Paid thru 04/30/19

Remaining Project (Construction) Fund

$

$

$
$
$
$
$

$
$

$

$

$
$

$

3.23

3.34

242.63

3.28

3.40

3.40

3.07

3.40

265.75

13,090.88

265.75

13,356.63

9

Date

Received

Dist

Gross Assessments

Received

	TOHOQUACDD					
COMMUNITY DEVELOPMENT DISTRICT			
	SPEOAL ASSESSMENT RECEIPTS - FY2019				
	TAX COLLECTOR					
		Gross Assessments	$	143,526	$	77,119	
		Net Assessments	$	134,914	$	72,492	
Discounts/	Commissions	Interest	Net Amount		General Fund	
Penalties	Paid	Income		Received		53.73%	

$	66,407	
$	62,423	
	2018	
Debt Svc Fund	
	46.27%	

Total

100%

Totals

12/10/18

1/10/19

$	143,541.00	$	5,741.64	$	2,755.99	$		$	135,043.37	$	72,561.14	$	62,482.23	$	135,043.37		
$		$		$		$	21.20	$	21.20	$	11.39	$	9.81	$	21.20		
$		$		$		$		$		$		$		$			
$		$		$		$		$		$		$		$			
$																	
		$		$		$		$		$		$		$			
$		$		$		$											
								$		$		$		$			
$		$		$		$		$		$		$		$			
$		$		$		$		$		$		$		$			
$		$		$		$											
								$		$		$		$			
$		$		$		$		$		$		$		$			
$		$		$		$		$									
										$		$		$			
$		$		$		$		$		$		$		$			
$	143,541.00	$	5,741.64	$	2,755.99	$	21.20	$	135,064.57	$	72,572.53	$	62,492.04	$	135,064.57		

Tohoqua Development Group, LLC

DATE	Cleek

RECEIVED	Num

12/12/18	31530

1/17/19	9525

1/17/19	9525

DUE

DATE

11/1/18

2/1/19

5/1/19

$	162,386.32				$	87,298.18	$	75,088.14		
	AMOUNT	NET AMOUNT	AMOUNT		GENERAL		SERIES 201B		
	BILL.ED		RECEIVED	DUE		FUND		DEBT		
$	81,193.16	$								
			81,193.16	$	$	43,649.09	$	37,544.07		
$	40,596.58	$	40,596.58	$	$	21,824.54	$	18,772.04		
$	40,596.58	$	40,596.58	$	$	21,824.54	$	1s,n2.04		
$	162,386.32	$	162,386.32	$	$	87,298.17	$	75,088.15		

Tohoqua Development Group, LLC

DATE	Oleck

RECEIVED	Num

3/13/19	439

DUE

DATE

11/1/18

2/1/19

5/1/19

$	106,132.00					$	106,132.00	$		
	AMOUNT		NET AMOUNT		AMOUNT		GENERAL	SERIES 201B		
	BILLED		RECEIVED		DUE		FUND	DEBT		
$	53,066.00	$	53,066.00	$		$	53,066.00	$		
$	26,533.00			$	26,533.00	$		$		
	26,533.00									
$				$	26,533.00	$		$		
										
$	106,132.00	$	53,066.00	$	53,066.00	$	53,066.00	$		

10