Boggy Creek Improvement District
3501 Quadrangle Boulevard, Suite 270, Orlando, FL 32817; Phone: 407-723-5900 www.boggycreekid.org

The following is the proposed agenda for the upcoming Meeting of the Board of Supervisors for the Boggy Creek Improvement District (“District”), scheduled to be held at 3:00 p.m. on Tuesday, May 17, 2022, at Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.

District Staff, please use the following information to join via computer or the conference line:

Phone:1-844-621-3956	Computer: pfmgroup.webex.com	Participant Code: 796 580 192#

BOARD OF SUPERVISORS’ MEETING AGENDA

Organizational Matters
Roll Call to Confirm a Quorum
Public Comment Period
Consideration of the Minutes of the April 19, 2022, Board of Supervisors’ Meeting
Letter from Supervisor of Elections – Orange County
Consideration of Resolution 2022-05, Designating a Date, Time and Location for the 2022 Landowners’ Meeting [suggested date of November 15, 2022 at 2:00 p.m.]

Business Matters
Discussion Regarding Extension of Draw Date as set forth in Section 203 of the Third Supplemental Trust Indenture date July 1, 2018 between the District and U.S. Bank National Association, as Trustee
Consideration of OUC Transfer Agreement (provided under separate cover)
Consideration of Agreement for Geotechnical Services with PSI for Lift Station 9 Force Main
Consideration of Traffic Engineering Services for Power Center Roundabouts with Kittelson
Consideration of Resolution 2022-06, Approving a Preliminary Budget for Fiscal Year 2023 and Setting a Public Hearing Date [suggested date of August 16, 2022 at 3:00 p.m.]
Ratification of Operation and Maintenance Expenditures Paid in April 2022 in amount totaling $77,133.50
Ratification of Requisition Nos. 2018-234 – 2018-238 in April 2022 in an amount totaling
$33,174.05
Recommendation of Work Authorizations/Proposed Services (if applicable)
Review of District’s Financial Position and Budget to Actual YTD

Other Business
Staff Reports
District Counsel
District Manager
District Engineer
Landscape Supervisor

Irrigation Supervisor
Construction Supervisor
Supervisor Requests

Adjournment

BOGGY CREEK IMPROVEMENT DISTRICT

Minutes of the April 19, 2022, Board of Supervisors’ Meeting

BOGGY CREEK IMPROVEMENT DISTRICT BOARD OF SUPERVISORS’ MEETING MINUTES

FIRST ORDER OF BUSINESS	Roll Call to Confirm a Quorum

The Board of Supervisors’ Meeting for the Boggy Creek Improvement District was called to order on Tuesday, April 19, 2022, at 3:00 p.m. at the Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd, Orlando, FL 32827.

Present:

Richard Levey	Chairperson
Damon Ventura	Vice Chairperson
Thad Czapka	Assistant Secretary
Chad Tinetti	Assistant Secretary

Also attending:	
Jennifer Walden Lynne Mullins
Tucker Mackie	PFM PFM
Kutak Rock	

(via phone)	
Jeff Newton	Donald W. McIntosh Associates, Inc.
Larry Kaufmann	Construction Supervisor & Construction Committee Member Scott Thacker	 District Landscape Supervisor

SECOND ORDER OF BUSINESS	Public Comment Period

Dr. Levey asked for any public comments. There were no comments at this time.

THIRD ORDER OF BUSINESS	Consideration of the Minutes of the February 15, 2022, Board of Supervisors’ Meeting

Board Members reviewed the minutes from the February 15, 2022, Board of Supervisors’ Meeting.

On Motion by Mr. Tinetti, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Minutes of the February 15, 2022, Board of Supervisors’ Meeting.

FOURTH ORDER OF BUSINESS	Review of the Fiscal Year 2023 Operations & Maintenance Budget

Ms. Walden noted that this is a conversational item to see if there was any input from the Board prior to the proposed budget coming to the Board for approval next month. No action is required.

FIFTH ORDER OF BUSINESS	Consideration of RFP for Proposals for Construction Services	for	Traffic Signalization Improvements at the Intersection of Laureate Boulevard and Veterans Way

Mr. Newton explained that the District engaged with Atkins to design a traffic signal at the intersection of Laureate Boulevard and Veterans Way. Atkins has recently submitted 90% plans to the City and once they receive comments back and address them, they will be ready to move forward. Since that is likely to happen before the next Board Meeting, District staff wanted to get approval to move forward with advertisement for the RFP so that the bid process could begin. Included in the agenda is the advertisement and the RFP evaluation criteria. The criteria included are the same as the Board has previously used for other projects within the District. Dr. Levey asked why the District is going through an RFP and not seeking bids. Mr. Newton responded that the District does not have prequalified traffic signal contractors so this project cannot utilize an invitation to bid process. Discussion ensued regarding the allocation of points in the evaluation criteria.

On Motion by Mr. Ventura, second by Mr. Tinetti, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved moving forward with the RFP for Traffic Signalization Improvements at the Intersection of Laureate Boulevard and Veterans Way with the Evaulation Criteria as follows: Personnel (10 points), Experience, Bonding Capacity and Available Equipment (10 points), Understanding Scope of Work (5 points), Schedule (25 points), and Price (50 points) with 40 of the 50 points being awarded to the Proposer submitting the lowet cost proposal for completing the work and 10 of the 50 points being awarded for the reasonableness of unit prices and balance of bid.

Dr. Levey asked for District staff to invite the VA to the Construction Committee meetings so they are involved in this process and thought the VA should be involved more. Ms. Mackie explained that she has reviewed the Joint Project Agreement and there are specific obligations that the team will ensure that the District is complying with. This includes providing the VA with copies of all the competitive bids received. Along with providing these, District staff can invite them to the Construction Committee meetings that will be taking place.

SIXTH ORDER OF BUSINESS	Consideration of Resolution 2022-04, Setting a Public Hearing Regarding the District’s Intent to Use the Uniform Method as a Result of a Boundary Expansion

Ms. Mackie explained that the District’s boundaries were amended in 2016. It is best practice to have the Uniform Method Resolution match the existing boundaries of the District, even though the Uniform Method is not used as often in this District due to most properties being direct collected. The purpose of the requested public hearing is to update the Uniform Method Resolution to reflect the current District boundary.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved Resolution 2022-04, Setting a Public Hearing Date for June 21, 2022, at 3:00 p.m. at 6955 Lake Nona Blvd., Orlando, FL 32827, Regarding the District’s Intent to Use the Uniform Method as a Result of a Boundary Expansion.

SEVENTH ORDER OF BUSINESS	Consideration	of	Property Appraiser Agreement

Ms. Walden presented the Property Appraiser Agreement with Orange County, which is required to place certain parcels on the County’s assessment roll. This is the same agreement the sister Districts have in place.

On Motion by Mr. Tinetti, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Property Appraiser Agreement with Orange County.

EIGHTH ORDER OF BUSINESS	Consideration of OUC Transfer Agreement

Mr. Kaufmann requested we table this item.

NINTH ORDER OF BUSINESS	Consideration of 1st Addendum to Agreement for Traffic Engineering Services for Power Center Roundabout with Kittelson

Mr. Newton explained that this has to do with a potential roundabout at the intersection of Medical City Drive and Lake Nona Boulevard. The project has been reviewed with the Developer and would be broken into two phases. The initial phase is $6,000.00 for roundabout operational analysis and the second phase is $20,000.00 for preliminary roundabout design. Mr. Newton would like approval from the Board for the
$26,000.00 with the understanding that he will only give approval for the first phase, and once the operational analysis is done, then he will seek the Developer’s approval before giving approval to move forward with the second phase.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the 1st Addendum to Agreement for Traffic Engineering Services for Power Center Rounadbaout with Kittelson subject to the operational analysis coming back to the Board before the preliminary roundabout design can move forward.

TENTH ORDER OF BUSINESS	Consideration of Agreement for Traffic Engineering Services for Power Center Roundabouts with Kittelson

Mr. Newton explained that the Developer is working on proposing a Power Center at the west end of Lake Nona Boulevard and they would like to evaluate putting in roundabouts at the main entrances of the Power Center as opposed to traffic signals. Dr. Levey asked if this is going to design without an operational analysis and he is interested in the capacity analysis. Mr. Newton replied that it looks like this would go straight to design. Mr. Kaufmann added that they will need that analysis and it can be brought back to the Board. The Board decided table this item to the end of the agenda.

ELEVENTH ORDER OF BUSINESS	Ratification of Operation and Maintenance Expenditures Paid in February 2022 in an amount totaling 104,257.05

The Board reviewed Operation and Maintenance Expenditures Paid in February 2022 in an amount totaling
$104,257.05. Ms. Walden noted these have been approved and need to be ratified by the Board.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Operation and Maintenance Expenditures Paid in February 2022 in an amount totaling $104,257.05.

TWELFTH ORDER OF BUSINESS	Ratification of Operation and Maintenance Expenditures Paid in March 2022 in amount totaling $80,215.08

The Board reviewed Operation and Maintenance Expenditures Paid in March 2022 in an amount totaling
$80,215.08. Ms. Walden noted these have been approved and need to be ratified by the Board.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Operation and Maintenance Expenditures Paid in March 2022 in an amount totaling $80,215.08.

THIRTEENTH ORDER OF BUSINESS	Ratification	of	Requisition Nos. 2018-222 – 2018-227 in
February 2022 in an amount totaling $17,759.00

The Board reviewed Requisition Nos. 2018-222 – 2018-227 paid in February 2022 in an amount totaling
$17,759.00. Ms. Walden noted these have been approved and need to be ratified by the Board.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified Requisition Nos. 2018-222 – 2018-227 paid in February 2022 in an amount totaling $17,759.00.

FOURTEENTH ORDER OF BUSINESS	Ratification	of	Requisition Nos. 2018-228 – 2018-233 in
March 2022 in an amount totaling $33,667.00

The Board reviewed Requisition Nos. 2018-228 – 2018-233 paid in March 2022 in an amount totaling
$33,667.00. Ms. Walden noted these have been approved and need to be ratified by the Board.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified Requisition Nos. 2018-228 – 2018-233 paid in March 2022 in an amount totaling $33,667.00.

FIFTEENTH ORDER OF BUSINESS	Recommendation	of	Work Authorizations/Proposed Services

Mr. Kaufmann explained the first Work Authorization is with Donald W. McIntosh Associates, Inc. for Lake Nona South Lift Station No. 9 & approximately 6,000 LF of Sewer Force Main for $254,590.00. This is for survey and engineering services to complete the design and this will terminiate the previous agreement with Donald W. McIntosh, Inc. dated September 4, 2018.

On Motion by Mr. Czapka, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Work Authorizaiton for Lift Station No. 9 & approx. 6,000 LF Force Main with Donald W. MicIntosh Associates, Inc. in the amount of $254,590.00.

Mr. Kaufmann explained the second Work Authorization is for the same facility but with Central Florida Locating, Inc. for $33,120.00. It is for underground location services and soft digs for the routing of the force main. Discussion ensued about the pricing and the work being requested.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Work Authorization for Lift Station #9 & approx. 6,000 LF Force Main with Central Florida Locating, Inc. in the amount of $33,120.00.

SIXTEENTH ORDER OF BUSINESS	Review of District’s Financial Position and Budget to Actual YTD

The Board reviewed the District’s Financial Statements through March 31, 2022. Ms. Walden noted the District has spent $500,000.00 of the $836,000.00 budget. No action is required by the Board.

SEVENTEENTH ORDER OF BUSINESS	Staff Reports

District Counsel –	No Report

District Manager –	Ms. Walden noted the next meeting is scheduled for Tuesday, May 17,
2022. Dr. Levey stated he will not be in attendance for that meeting.

District Engineer –	No Report Construction Supervisor – No Report District Landscape Supervisor- No Report Irrigation Supervisor –	 No Report

EIGHTEENTH ORDER OF BUSINESS	Supervisor Requests and Adjournment

There were no Supervisor requests. Dr. Levey requested a motion to adjourn.

On Motion by Mr. Czapka, second by Mr. Tinetti, with all in favor, the April 19, 2022, Meeting of the Board of Supervisors for the Boggy Creek Improvement District was adjourned.

	_			_	
Secretary/Assistant Secretary	Chair/Vice Chair

BOGGY CREEK IMPROVEMENT DISTRICT

Supervisor of Elections
- Orange County

Bill Cowles
Date	5/6/2022	Supervisor of Elections	Orange County, FL

Time	03:27 PM	District List Report								
				Registered Voters					Inactive Voters		
District_ Nbr	DistrictType_Description	Total	Dems	Reps	NPA	Other		Total	Dems	Reps	NPA	Other	
HSE	46 HOUSE FLORIDA 46	81,19	48,61	8,364	23,167	1,048		11,556	6,16	1,090	4,200	105	
HSE	47 HOUSE FLORIDA 47	126,87	50,46	39,074	34,736	2,606		12,460	4,98	2,731	4,560	183	
HSE	48 HOUSE FLORIDA 48	107,81	48,38	18,576	39,452	1,402		11,172	4,74	1,508	4,780	136	
HSE	49 HOUSE FLORIDA 49	106,19	43,55	25,085	35,610	1,949		12,097	4,98	2,195	4,687	227	
HSE	50 HOUSE FLORIDA 50	92,08	32,57	26,034	31,731	1,749		7,208	2,472	1,755	2,858	123	
			853,965 360,453 213,700 265,069  14,743	80,575	34,011	15,140	30,259	1,165	

SB		
1 SCHOOL BOARD 1	
113,489	
43,99	
31,42	
35,891	
2,174		
12,259	
4,84	
2,517	
4,638	
255	
SB		2 SCHOOL BOARD 2	137,56	54,00	32,966	48,238	2,354		12,681	4,96	2,316	5,226	172	
SB		3 SCHOOL BOARD 3	122,27	51,18	28,306	40,936	1,842		11,248	4,57	1,918	4,616	135	
SB		4 SCHOOL BOARD 4	143,58	50,91	43,721	46,188	2,761		11,463	4,22	2,897	4,152	193	
SB		5 SCHOOL BOARD 5	91,40	54,59	9,788	25,879	1,141		12,869	6,77	1,291	4,683	116	
SB		6 SCHOOL BOARD 6	119,370	56,45	28,74	31,872	2,302		12,369	5,68	2,273	4,223	185	
SB		7 SCHOOL BOARD 7	126,28	49,29	38,749	36,065	2,169		7,686	2,928	1,928	2,721	109	
			853,965 360,453 213,700 265,069  14,743	80,575	34,011	15,140	30,259	1,165	

SEN	
11 SENATE FLORIDA 11	
313,48 150,098	
70,23	
88,223	
4,935		
29,153	
13,91	
4,611	
10,281	
344	
SEN	13 SENATE FLORIDA 13	340,44 137,246	88,80 108,213	6,178		35,575	14,25	6,849	13,902	570	
SEN	15 SENATE FLORIDA 15	200,03	73,10	54,663	68,633	3,630		15,847	5,840	3,680	6,076	251	
			853,965 360,453 213,700 265,069  14,743	80,575	34,011	15,140	30,259	1,165	

SPC		
1 BONNET CREEK RESORT			
0	
0	
0		
0		
0	
0	
0	
SPC		2 EAST PARK	1,61	59	388	594	29		95	3	22	36	2	
SPC		3 FALCON TRACE	1,90	87	354	650	26		133	5	22	53	3	
SPC		4 NARCOOSSEE	1,81	67	440	672	34		261	10	50	105	6	
SPC		5 STONEYBROOK WEST	3,48	1,22	1,102	1,095	68		235	8	64	80	4	
SPC		6 URBAN ORLANDO	6,14	2,20	2,036	1,735	161		880	28	268	314	9	
SPC		7 VISTA LAKES	4,21	1,69	965	1,497	62		339	13	60	146	2	
SPC		8 RANGER DRAINAGE	6,43	1,90	2,417	1,967	146		373	113	113	13		
SPC		9 BOGGY CREEK	 2		8	12	0		0		0	0	0	
SPC	10 GREENEWAY	4,57	1,54	1,308	1,622	104		239	7	66	98	5	
SPC	11 MYRTLE CREEK	2,38	75	664	914	54		215	7	57	82	2	
SPC	13 RANDAL PARK	1,45	48	423	510	37		93	3	26	32	4	
SPC	15 FOWLERS GROVE WG VIL			0	0	0		0		0	0	0	
SPC	20 STOREY PARK	1,85	68	403	730	42		55	2	6	22	2	
SPC	22 GROVE RESORT			0	0	0		0		0	0	0	
SPC	23 DOWDEN WEST	22	9	48	75	8		0		0	0	0	
SPC	24 FRERC			1	0	0		0		0	0	0	
SPC	25 POITRAS EAST	16	3	43	83	4		0		0	0	0	
SPC	26 GRANDE PINES CDD			0	0	0		0		0	0	0	
SPC	27 WESTWOOD CDD			0	0	0		0		0	0	0	
SPC	28 VALENCIA WATER CONTROL D				0	0		0		0	0	0	
SPC	29 MIDTOWN IMPROVEMENT DIS	32	12	8	111	9		65	2	18	23	2	
SPC	99 BELLE ISLE 2022 ANNEX	18	7	58	50	4		15	5	1	9	0	
			36,828	12,981	10,742	12,317	788		2,998	1,03	773	1,139	49	

UNP		
9 UNPRECINCTABLE ABSENTEE	0			
0	
0		
0	
0	
0	
0	
0	
			0	0	0	0	0		0		0	0	0	

Page	2

BOGGY CREEK IMPROVEMENT DISTRICT

Resolution 2022-05,
Designating a Date, Time and Location for the 2022 Landowners’ Meeting
[November 15, 2022 at 2:00 p.m.]

RESOLUTION 2022-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BOGGY CREEK IMPROVEMENT DISTRICT DESIGNATING A DATE, TIME AND LOCATION FOR A LANDOWNERS’ MEETING AND ELECTION; PROVIDING FOR PUBLICATION; ESTABLISHING FORMS FOR THE LANDOWNER ELECTION; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, Boggy Creek Improvement District (“District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Florida; and

WHEREAS, pursuant to Section 190.006(1), Florida Statutes, the District’s Board of Supervisors (“Board”) “shall exercise the powers granted to the district pursuant to [Chapter 190, Florida Statutes],” and the Board shall consist of five members; and

WHEREAS, the District is statutorily required to hold a meeting of the landowners of the District for the purpose of electing Board Supervisors for the District on a date in November established by the Board, which shall be noticed pursuant to Section 190.006(2), Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BOGGY CREEK IMPROVEMENT DISTRICT:

EXISTING BOARD SUPERVISORS; SEATS SUBJECT TO ELECTIONS. The Board is currently made up of the following individuals:

Seat Number	Supervisor	Term Expiration Date	
1	Jamie Bennett	11/2024	
2	Richard Levey	11/2024	
3	Chad Tinetti	11/2022	
4	Damon Ventura	11/2022	
5	Thad Czapka	11/2022	

This year, Seat 3, currently held by Chad Tinetti, Seat 4, currently held by Damon Ventura, and Seat 5, currently held by Thad Czapka are subject to election by landowners in November 2022. The two candidates receiving the highest number of votes shall be elected for a term of four (4) years. The candidate receiving the next highest number of votes shall be elected for a term of two (2) years. The term of office for each successful candidate shall commence upon election.

LANDOWNER’S ELECTION. In accordance with Section 190.006(2), Florida Statutes, the meeting of the landowners to elect Board Supervisor(s) of the District shall be held on the 15TH day of November, 2022, at 2:00 p.m., and located at 6955 Lake Nona Boulevard, Orlando, FL 32817.

PUBLICATION. The District’s Secretary is hereby directed to publish notice of the landowners’ meeting and election in accordance with the requirements of Section 190.006(2), Florida Statutes.

FORMS. Pursuant to Section 190.006(2)(b), Florida Statutes, the landowners’ meeting and election have been announced by the Board at its May 17, 2022 meeting. A sample notice of

landowners’ meeting and election, proxy, ballot form and instructions were presented at such meeting and are attached hereto as Exhibit A. Such documents are available for review and copying during normal business hours at the office of the District Manager, PFM Group Consulting LLC, located at 3501 Quadrangle Blvd., Suite 270, Orlando, Florida 32817.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

EFFECTIVE DATE. This Resolution shall become effective upon its passage.

PASSED AND ADOPTED THIS 17th DAY OF MAY, 2022.

BOGGY CREEK IMPROVEMENT DISTRICT

ATTEST:	CHAIRMAN / VICE CHAIRMAN

SECRETARY / ASST. SECRETARY

EXHIBIT A

NOTICE OF LANDOWNERS’ MEETING AND ELECTION AND MEETING OF THE BOARD OF SUPERVISORS OF THE BOGGY CREEK IMPROVEMENT DISTRICT

Notice is hereby given to the public and all landowners within Boggy Creek Improvement District (“District”) the location of which is generally described as comprising a parcel or parcels of land containing approximately 1,085 acres, located east of Boggy Creek Road, south of Lake Nona and west of Narcoossee Road, in the City of Orlando, Florida, advising that a meeting of landowners will be held for the purpose of electing three (3) persons to the District’s Board of Supervisors (“Board”, and individually, “Supervisor”). Immediately following the landowners’ meeting there will be convened a meeting of the Board for the purpose of considering certain matters of the Board to include election of certain District officers, and other such business which may properly come before the Board.

DATE:		
TIME:		
PLACE:		

Each landowner may vote in person or by written proxy. Proxy forms may be obtained upon request at the office of the District Manager, 3501 Quadrangle Blvd., Suite 270, Orlando, Florida 32817, Ph: (407) 723-5900 (“District Manager’s Office”). At said meeting each landowner or his or her proxy shall be entitled to nominate persons for the position of Supervisor and cast one vote per acre of land, or fractional portion thereof, owned by him or her and located within the District for each person to be elected to the position of Supervisor. A fraction of an acre shall be treated as one acre, entitling the landowner to one vote with respect thereto. Platted lots shall be counted individually and rounded up to the nearest whole acre. The acreage of platted lots shall not be aggregated for determining the number of voting units held by a landowner or a landowner’s proxy. At the landowners’ meeting the landowners shall select a person to serve as the meeting chair and who shall conduct the meeting.

The landowners’ meeting and the Board meeting are open to the public and will be conducted in accordance with the provisions of Florida law. One or both of the meetings may be continued to a date, time, and place to be specified on the record at such meeting. A copy of the agenda for these meetings may be obtained from the District Manager’s Office. There may be an occasion where one or more supervisors will participate by telephone.

Any person requiring special accommodations to participate in these meetings is asked to contact the District Manager’s Office, at least 48 hours before the hearing. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager’s Office.

A person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that such person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based.

Jennifer Walden District Manager
Run Date(s): 	 & 	

PUBLISH: ONCE A WEEK FOR 2 CONSECUTIVE WEEKS, THE LAST DAY OF PUBLICATION TO BE NOT FEWER THAN 14 DAYS OR MORE THAN 28 DAYS BEFORE THE DATE OF ELECTION, IN A NEWSPAPER WHICH IS IN GENERAL CIRCULATION IN THE AREA OF THE DISTRICT

INSTRUCTIONS RELATING TO LANDOWNERS’ MEETING OF BOGGY CREEK IMPROVEMENT DISTRICT
FOR THE ELECTION OF SUPERVISORS DATE OF LANDOWNERS’ MEETING: 	, November  , 2022 TIME: 	 _.M.
LOCATION:

Pursuant to Chapter 190, Florida Statutes, and after a Community Development District (“District”) has been established and the landowners have held their initial election, there shall be a subsequent landowners’ meeting for the purpose of electing members of the Board of Supervisors (“Board”) every two years until the District qualifies to have its board members elected by the qualified electors of the District. The following instructions on how all landowners may participate in the election are intended to comply with Section 190.006(2)(b), Florida Statutes.

A landowner may vote in person at the landowners’ meeting, or the landowner may nominate a proxy holder to vote at the meeting in place of the landowner. Whether in person or by proxy, each landowner shall be entitled to cast one vote per acre of land owned by him or her and located within the District, for each position on the Board that is open for election for the upcoming term. A fraction of an acre shall be treated as one (1) acre, entitling the landowner to one vote with respect thereto. For purposes of determining voting interests, platted lots shall be counted individually and rounded up to the nearest whole acre. Moreover, please note that a particular parcel of real property is entitled to only one vote for each eligible acre of land or fraction thereof; therefore, two or more people who own real property in common, that is one acre or less, are together entitled to only one vote for that real property.

At the landowners’ meeting, the first step is to elect a chair for the meeting, who may be any person present at the meeting. The landowners shall also elect a secretary for the meeting who may be any person present at the meeting. The secretary shall be responsible for the minutes of the meeting. The chair shall conduct the nominations and the voting. If the chair is a landowner or proxy holder of a landowner, he or she may nominate candidates and make and second motions. Candidates must be nominated and then shall be elected by a vote of the landowners. Nominees may be elected only to a position on the Board that is open for election for the upcoming term.

This year, three (3) seats on the Board will be up for election by landowners. The two candidates receiving the highest number of votes shall be elected for a term of four (4) years. The candidate receiving the next highest number of votes shall be elected for a term of two (2) years. The term of office for each successful candidate shall commence upon election.

A proxy is available upon request. To be valid, each proxy must be signed by one of the legal owners of the property for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy; the street address, legal description of the property or tax parcel identification number; and the number of authorized votes. If the proxy authorizes more than one vote, each property must be listed and the number of acres of each property must be included. The signature on a proxy does not need to be notarized.

LANDOWNER PROXY

BOGGY CREEK IMPROVEMENT DISTRICT ORANGE COUNTY, FLORIDA
LANDOWNERS’ MEETING – NOVEMBER 	, 2022

KNOW ALL MEN BY THESE PRESENTS, that the undersigned, the fee simple owner of the lands described herein, hereby constitutes and appoints 			 (“Proxy Holder”) for and on behalf of the undersigned, to vote as proxy at the meeting of the landowners of the Boggy Creek Improvement District to be held at 	, on 	, at    a/p.m., and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner that the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing that may be considered at said meeting including, but not limited to, the election of members of the Board of Supervisors. Said Proxy Holder may vote in accordance with his or her discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally be considered at said meeting.

Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in full force and effect from the date hereof until the conclusion of the landowners’ meeting and any adjournment or adjournments thereof, but may be revoked at any time by written notice of such revocation presented at the landowners’ meeting prior to the Proxy Holder’s exercising the voting rights conferred herein.

Printed Name of Legal Owner		
Signature of Legal Owner

Parcel Description		Date

Acreage	

Authorized Votes	

[Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.]

Total Number of Authorized Votes:

NOTES: Pursuant to Section 190.006(2)(b), Florida Statutes, a fraction of an acre is treated as one (1) acre entitling the landowner to one vote with respect thereto. For purposes of determining voting interests, platted lots shall be counted individually and rounded up to the nearest whole acre. Moreover, two (2) or more persons who own real property in common that is one acre or less are together entitled to only one vote for that real property.

If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto (e.g., bylaws, corporate resolution, etc.).

OFFICIAL BALLOT
BOGGY CREEK IMPROVEMENT DISTRICT ORANGE COUNTY, FLORIDA
LANDOWNERS’ MEETING - NOVEMBER   , 2022

For Election (3 Supervisors): The two (2) candidates receiving the highest number of votes will each receive a four (4) year term, and the one (1) candidate receiving the next highest number of votes will receive a two (2) year term, with the term of office for the successful candidates commencing upon election.

The undersigned certifies that he/she/it is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the Boggy Creek Improvement District and described as follows:

Description	Acreage

[Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel.] [If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.]

or

Attach Proxy.

I,		,	as	Landowner,	or	as	the	proxy	holder	of
		 (Landowner) pursuant to the Landowner’s Proxy attached hereto, do cast my votes as follows:

SEAT #	NAME OF CANDIDATE	NUMBER OF VOTES	
3			
4			
5			

Date: 		Signed: 	
Printed Name: 	

BOGGY CREEK IMPROVEMENT DISTRICT

Extension of Draw Date as set forth in Section 203 of the Third Supplemental Trust Indenture date July 1, 2018 between the District and U.S. Bank National Association, as Trustee

BOGGY CREEK IMPROVEMENT DISTRICT

OUC Transfer Agreement
(provided under separate cover)

BOGGY CREEK IMPROVEMENT DISTRICT

Agreement for Geotechnical Services with PSI for Lift Station 9 Force Main

AGREEMENT BETWEEN THE BOGGY CREEK IMPROVEMENT DISTRICT AND PROFESSIONAL SERVICE INDUSTRIES, INC. FOR GEOTECHNICAL AND SOIL TESTING ENGINEERING SERVICES
(Lift Station 9 Force Main)

This Agreement (the “Agreement”) is made and entered into this 17th day of May, 2022, by and between:

Boggy Creek Improvement District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, located in the City of Orlando, Florida, with a mailing address of 3501 Quadrangle Boulevard, Suite 270, Orlando, Florida, 32817 (“District”); and

Professional Service Industries, Inc., a Delaware corporation, with a mailing address of 1748 33rd Street, Orlando, Florida 32839 (the “Contractor”).

RECITALS

Whereas, the District was established for the purpose of planning, financing, constructing, installing, operating, and/or maintaining certain infrastructure improvements and recreational facilities; and

WHEREAS, the District has a need to retain a professional geotechnical engineer to provide certain geotechnical exploration and engineering services, as described in more detail herein and in Exhibit A, which is attached hereto and incorporated herein by reference (the “Services”); and

Whereas, the Contractor represents that it is licensed, qualified and capable of providing the Geotechnical Services and has agreed to provide such services for the District in accordance with the terms of this Agreement; and

Whereas, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this agreement.

Now, Therefore, for and in consideration of the mutual covenants herein contained, the acts and deeds to be performed by the parties and the payments by the District to the Contractor of the sums of money herein specified, it is mutually covenanted and agreed as follows:

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

SECTION 2. DESCRIPTION OF WORK AND SERVICES. The duties, obligations, and responsibilities of the Contractor are to provide the services, labor and materials described in the proposal dated April 29, 2022, attached hereto as Exhibit A. Contractor shall coordinate the Services with other contractors performing work for the District. Should any questions arise as

to the coordination required, the Contractor shall consult with the District’s engineer. Additionally:

The Contractor shall report directly to the District’s engineer. Contractor shall use all due care to protect the property of the District, its residents and landowners from damage and shall follow and be responsible for the Services set forth herein. Contractor agrees to repair any damage resulting from Contractor’s activities and work within twenty-four (24) hours.

This Agreement grants to Contractor the right to enter the District lands which are subject to this Agreement, for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, ordinances and regulations affecting the provision of the Services.

The District is relying on the Contractor as the expert in this field. Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District and in accordance with this Agreement. Contractor shall use industry best practices and procedures when carrying out the Services. Any additional compensation for additional duties shall be paid only as negotiated between the parties and upon the written authorization of the District.

SECTION 3. PAYMENT FOR SERVICES. Contractor shall perform the Services identified in Section 2 herein in exchange for payment of the total sum of $6,102.00 (“Payment”). Such Payment shall be due upon completion of the Services and submission of a final invoice as set forth herein. This Payment includes, but is not limited to, all permits, parts, materials and labor necessary to complete the Services as described herein. Contractor agrees to render a final invoice to the District, in writing, which shall be delivered or mailed to the District. The District shall pay the Contractor the Payment within twenty-five (25) days of receipt of such an invoice. The Contractor shall maintain records conforming to usual accounting practices. If the District should desire additional work or services not provided in Exhibit A, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement. The Contractor shall be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing. No additional services shall be provided by the Contractor unless done at the direction of the District.

SECTION 4.  INSURANCE.  Contractor shall, at its own expense, maintain insurance during the performance of its Services under this Agreement, with limits of liability not less than
the following:		
Workers Compensation	statutory	
General Liability		
Bodily Injury (including contractual)	$1,000,000/$2,000,000	

Property Damage (including contractual)	$1,000,000/$2,000,000

Automobile Liability (if applicable)
Bodily Injury and Property Damage	$1,000,000

Contractor shall provide District with a certificate naming the District, its supervisors, officers, staff, representatives and agents as additional insureds. At no time shall Contractor be without insurance in the above amounts. No policy may be canceled during the term of this Agreement without at least thirty (30) days written notice to the District. An insurance certificate evidencing compliance with this Section shall be sent to the District prior to the commencement of any performance under this Agreement.

Section 5.  Independent Contractor. It is understood and agreed that at all times the relationship of Contractor and its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent, joint venturer or partner of the District. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of District and at all times entirely under Contractor's supervision, direction and control.

In particular, District will not: i) withhold FICA (Social Security) from Contractor's payments; ii) make state or federal unemployment insurance contributions on Contractor's behalf; iii) withhold state or federal income tax from payment to Contractor; iv) make disability insurance contributions on behalf of Contractor; or v) obtain workers' compensation insurance on behalf of Contractor.

Section 6.	Compliance with Laws, Ordinances and Regulations.	In
performing its obligations under this Agreement, Contractor and each of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction, including all laws, regulations and rules relating to immigration and/or the status of foreign workers. Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with its obligations herein. Contractor shall ensure that all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor observe Contractor's rules and regulations of safety and conduct. Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to all of its employees, agents and subcontractors performing its obligations herein and other persons who may be affected, and any material, equipment and other property. Contractor shall remedy all damage or loss to any property caused in whole or in part by Contractor, its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable. Contractor shall indemnify District for all damage or losses it may incur or be

exposed to because of Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor's failure to comply with the provisions contained herein.

Section 7.	Default and Protection Against Third Party Interference. A
default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District’s right to protect its rights from interference by a third party to this Agreement.

Section 8.  Enforcement of Agreement. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

Section 9.  Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.

Section 10. Authorization. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this instrument.

Section 11. Notices. All notices, requests, consents and other communications under this Agreement (“Notices”) shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to Contractor:	Professional Service Industries, Inc.
1748 33rd Street
Orlando, Florida 32839
Attn: Robert A. Trompke, P.E.

If to District:	Boggy Creek Improvement District
3501 Quadrangle Boulevard, Suite 270
Orlando, Florida 32817 Attn: District Manager

With a copy to:    Kutak Rock LLP
107 West College Avenue Tallahassee, Florida 32301 Attn: District Counsel

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

Section 12. Arm’s Length Transaction. This Agreement has been negotiated fully between the District and the Contractor as an arm’s length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either the District or the Contractor.

Section 13. Third Party Beneficiaries. This Agreement is solely for the benefit of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

Section 14. Assignment. Neither the District nor Contractor may assign this Agreement without the prior written approval of the other. Any purported assignment without such approval is void.

Section 15. Applicable Law and Venue. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Each party consents that the venue for any litigation arising out of or related to this Agreement shall be in Orange County, Florida.

Section 16.	Indemnification.

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, reasonable attorneys’ fees, expert witness fees, and paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings) as ordered.

To the extent of its negligence and to the extent allowed under Florida law, for third party claims, Contractor agrees to indemnify, defend, and hold harmless the District and its supervisors, officers, staff, representatives, and agents from any and all liability, claims, actions, suits, or demands by any person, corporation, or other entity for injuries, death, property damage, or of any nature, arising out of, or in connection with the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto.

Contractor hereby acknowledges, agrees and covenants that nothing in this Agreement shall be deemed as a waiver of the District’s sovereign immunity or the District’s limits of liability as set forth in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third-party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law. This Section shall survive any termination of this Agreement.

SECTION 17. TERM. This Agreement shall become effective as of the date first above written, and shall terminate upon completion of the Services set forth herein and in any amendment hereto, unless cancelled earlier, pursuant to Section 18 below.

Section 18. Cancellation. The District shall have the right to cancel this Agreement at any time due to Contractor's failure to perform in accordance with the terms of this Agreement or for any reason. Contractor shall have the right to cancel this Agreement upon thirty (30) days written notice mailed to the District at the address written above stating a failure of the District to perform in accordance with the terms of this Agreement. The District’s liability upon cancellation or termination of this Agreement shall be limited to paying for the reasonable value of labor and materials physically incorporated into the Services up to the effective date of cancellation, along with the value of materials specifically fabricated by Contractor for the Services up to the date the notice of cancellation or termination was given, though not incorporated in the Services, but not reasonably usable elsewhere, less payments already made to Contractor, as Contractor’s sole means of recovery for cancellation.

Section 19. Ownership of Documents. All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Contractor pursuant to this Agreement shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire.

Section 20. Public Records. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited, to Section 119.0701, Florida Statutes. Among other requirements and to the extent applicable by law, Contractor shall: 1) keep and maintain public records required by the District to perform the Services; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to

be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Agreement term and following the Agreement term if Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the Agreement, transfer to the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by Contractor, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. Contractor acknowledges that the designated Public Records Custodian for the District is Jennifer Walden.

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 723-5900, waldenj@pfm.com, 3501 QUADRANGLE
BOULEVARD, SUITE 270, ORLANDO, FLORIDA 32817.

Section 21. Severability. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

Section 22. Headings for Convenience Only. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 23. ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement. Should there be any conflict between this Agreement and Exhibit A, the terms and conditions of this Agreement shall prevail.

Section 24. Waiver of Consequential Damages. Neither party shall be liable to the other in contract, tort (including negligence and breach of statutory duty) or otherwise for loss of profit (whether direct or indirect) or for any indirect, consequential, punitive or special loss or damage, including without limitation loss of profits, revenue, business, or anticipated savings (even when advised of their possibility).

[remainder of page intentionally left blank]

In witness whereof, the parties hereto have signed this Agreement on the day and year
first written above.				

Witness:	
Boggy Creek Improvement District	

	
Signature of Witness	Chairman, Board of Supervisors	
				
Print Name				

Witness	
Professional Service Industries, Inc.,	
a Delaware corporation	
	
By:		
Signature of Witness		
	Print Name:		
Print Name		Title:	 		

Exhibit A: Proposal dated April 29, 2022		

BOGGY CREEK IMPROVEMENT DISTRICT

Traffic Engineering Services for Power Center Roundabouts with Kittelson

AGREEMENT FOR TRAFFIC ENGINEERING SERVICES
(POWER CENTER ROUNDABOUTS)

THIS AGREEMENT (“Agreement”) is made and entered into this 17th day of May, 2022, by and between:

Boggy Creek Improvement District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, located in the City of Orlando, Florida, with a mailing address of 3501 Quadrangle Blvd., Suite 270, Orlando, Florida, 32817 (“District”); and

Kittelson & Associates, Inc., an Oregon corporation, with an address of 225 East Robinson Street, Suite 355, Orlando, Florida 32801 (“Engineer”).

RECITALS

WHEREAS, the District is a local unit of special purpose government established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes, by ordinance of the City Council for the City of Orlando, Florida; and

WHEREAS, the District is authorized to plan, acquire and/or maintain improvements, facilities and services in conjunction with the development and maintenance of the lands within the District; and

WHEREAS, the District desires Engineer to provide the District with certain traffic and roadway related engineering services for the roundabouts located in the Lake Nona Power Center site (“Project”), as described in more detail in Exhibit A (“Proposal”); and

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and the acts and deeds to be performed by the parties, the receipt and sufficiency of which are hereby acknowledged by the parties, it is mutually covenanted and agreed as follows:

RECITALS. The recitals set forth above are hereby incorporated into the terms of this Agreement.

SCOPE OF WORK. The Engineer will provide certain engineering services as described in the Proposal attached hereto.

REPRESENTATIONS. The Engineer hereby represents to the District that:

It has the experience and skill to perform the services required to be performed by this Agreement.
It shall design to and comply with applicable federal, state, and local laws, and codes, including without limitation, professional registration and licensing requirements (both corporate and individual for all required basic disciplines) in effect during the term of this Agreement, and shall, if requested by District,

provide certification of compliance with all registration and licensing requirements.
It shall perform said services in accordance with generally accepted professional standards in the most expeditious and economical manner, and to the extent consistent with the best interests of District.
It is adequately financed to meet any financial obligations it may be required to incur under this Agreement.

COMPENSATION. As compensation for the services identified in Exhibit A and further described herein, District agrees to pay Engineer a sum not-to-exceed Twenty-Nine Thousand Five Hundred Dollars ($29,500.00). Such Payment shall be due upon completion of the Services and submission of a final invoice as set forth herein. This Payment includes, but is not limited to, all permits, parts, materials and labor necessary to complete the Services as described herein. Engineer agrees to render a final invoice to the District, in writing, which shall be delivered or mailed to the District. The District shall pay the Engineer the Payment within twenty-five (25) days of receipt of such an invoice. The Engineer shall maintain records conforming to usual accounting practices. If the District should desire additional work or services not provided in Exhibit A, the Engineer agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement. The Engineer shall be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing. No additional services shall be provided by the Engineer unless done at the direction of the District.

TERM. The term of this Agreement will be from the time of execution of this Agreement by both parties until either (1) the Project is complete, or (2) such time as this Agreement is terminated pursuant to its terms.

OWNERSHIP & REUSE OF DOCUMENTS. All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Engineer pursuant to this Agreement (“Work Product”) shall be and remain the sole and exclusive property of the District when developed and paid for by the District and shall be considered work for hire.

The Engineer shall deliver all Work Product to the District upon completion thereof unless it is necessary for the Engineer in the District’s sole discretion, to retain possession for a longer period of time. Upon early termination of the Engineer’s services hereunder, the Engineer shall deliver all such Work Product whether complete or not. The District shall have all rights to use any and all Work Product. Engineer shall retain copies of the Work Product for its permanent records, provided the Work Product is not used without the District’s prior express written consent. The Engineer agrees not to recreate any Work Product contemplated by this Agreement, or portions thereof, which if constructed or otherwise materialized, would be reasonably identifiable with the Project.

The District exclusively retains all manufacturing rights to all materials or designs developed under this Agreement.  To the extent the services performed under this Agreement

produce or include copyrightable or patentable materials or designs, such materials or designs are work made for hire for the District as the author, creator, or inventor thereof upon creation, and the District shall have all rights therein including, without limitation, the right of reproduction, with respect to such work. The Engineer hereby assigns to the District any and all rights the Engineer may have including, without limitation, the copyright, with respect to such work. The Engineer acknowledges that the District is the motivating factor for, and for the purpose of copyright or patent, has the right to direct and supervise the preparation of such copyrightable or patentable materials or designs.

INSURANCE. Subject to the provisions of this Article, the Engineer shall maintain insurance during the performance of its services under this Agreement, with limits of liability not less than the following:
Workers’ Compensation	Statutory General Liability
Bodily Injury	$1,000,000/$2,000,000 (including Contractual)
Property Damage	$1,000,000/$2,000,000 (including Contractual)

Automobile Liability	Combined Single Limit $1,000,000 Bodily Injury / Property Damage

Professional Liability for
Errors and Omissions	$1,000,000

If any such policy of insurance is a “claims made” policy, and not an “occurrence” policy, the Engineer shall, without interruption, and at the District’s option, maintain the insurance for at least three years after the one year anniversary of this Agreement.

The District, its officers, supervisors, agents, staff, and representatives shall be named as additional insured parties, except with respect to the Worker’s Compensation Insurance and the Professional Liability for Errors and Omissions Insurance both for which only proof of insurance shall be provided. The Engineer shall furnish the District with the Certificate of Insurance evidencing compliance with the requirements of this Section. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective without written notice to the District per the terms of the applicable policy. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the state of Florida.

If the Engineer fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, the Engineer shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

CONTINGENCY FEE. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

AUDIT. Records of the Engineer pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times. The Engineer agrees that the District or any of its duly authorized representatives shall have access to and the right to examine any books, documents, papers, and records of the Engineer involving transactions related to the Agreement. The Engineer agrees that payment made under the Agreement shall be subject to reduction for amounts charged thereto that are found on the basis of audit examination not to constitute allowable costs. All required records shall be maintained until either (a) the completion of an audit and resolution of all questions arising therefrom, or (b) three years after the expenditure of all funds under this Agreement, or (c) the public record retention period established by the District’s records retention policy, whichever comes later.

INDEMNITY. To the extent allowed under section 725.08, Florida Statutes, the Engineer agrees to indemnify, defend and hold the District and its officers, supervisors, agents, staff, and representatives and any successors and assigns of the foregoing (together, “Indemnitees”) harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees and costs and all fees and costs of mediation or alternative dispute resolution, which may come against the Indemnitees to the extent caused wholly or in part by negligent, reckless, or intentionally wrongful acts, omissions, or defaults by the Engineer or persons employed or utilized by Engineer in the course of any work done in connection with any of the matters set out in this Agreement.

SOVEREIGN IMMUNITY. The Engineer agrees and covenants that nothing in this Agreement shall constitute or be construed as a waiver of District’s limitations on liability pursuant to section 768.28, Florida Statutes, or any other statute or law.

PUBLIC RECORDS. Engineer understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Engineer agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited, to Section 119.0701, Florida Statutes. Among other requirements and to the extent applicable by law, Engineer shall: 1) keep and maintain public records required by the District to perform the services; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Agreement term and following the Agreement term if Engineer does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of

the Agreement, transfer to the District, at no cost, all public records in Engineer’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by Engineer, Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. Engineer acknowledges that the designated Public Records Custodian for the District is Jennifer Walden.

IF ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ENGINEER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 723-5900, waldenj@pfm.com, OR 3501 QUADRANGLE BOULEVARD, SUITE 270, ORLANDO, FLORIDA 32817.

CONFLICTS OF INTEREST. The Engineer shall bear the responsibility for acting in the District’s best interests, shall avoid any conflicts of interest and shall abide by all applicable ethical canons and professional standards relating to conflicts of interest.

SUBCONTRACTORS. The Engineer may subcontract portions of the services, subject to the terms of this Agreement and subject to the prior written consent of the District, which may be withheld for any or no reason. Without in any way limiting any terms and conditions set forth in this Agreement, all subcontractors of Engineer shall be deemed to have made all of the representations and warranties of Engineer set forth herein and shall be subject to any and all obligations of Engineer hereunder. Prior to any subcontractor providing any services, Engineer shall obtain from each subcontractor its written consent to and acknowledgment of the terms of this Agreement. Engineer shall be responsible for all acts or omissions of any subcontractors.

INDEPENDENT CONTRACTOR. The District and the Engineer agree and acknowledge that the Engineer shall serve as an independent contractor of the District. Neither the Engineer nor employees of the Engineer, if any, are employees of the District under the meaning or application of any federal or state unemployment, insurance laws, or any other potentially applicable laws. The Engineer agrees to assume all liabilities or obligations by any one or more of such laws with respect to employees of the Engineer, if any, in the performance of this Agreement. The Engineer shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Engineer shall have no authority to represent as agent, employee, or in any other capacity the District unless set forth differently herein or authorized by vote of the Board.

THIRD PARTIES. Nothing in the Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred by operation of law.

CONTROLLING LAW. The Engineer and the District agree that this Agreement shall be controlled and governed by the laws of the State of Florida. Venue for any action arising under this Agreement shall be in the State Courts located in Orange County, Florida.

ASSIGNMENT. Neither the District nor the Engineer shall assign, sublet, or transfer any rights under or interest in this Agreement without the express written consent of the other, and any purported assignment without such written consent is void.

TERMINATION. The District may terminate this Agreement for cause immediately upon notice to Engineer. The District or the Engineer may terminate this Agreement without cause upon thirty (30) days written notice. At such time as the Engineer receives notification of the intent of the District to terminate the contract, the Engineer shall not perform any further services unless directed to do so in writing by the District. In the event of any termination or breach of any kind, the Engineer shall not be entitled to consequential damages of any kind (including but not limited to lost profits), but instead the Engineer’s sole remedy will be to recover payment for services rendered to the date of the notice of termination, subject to any offsets.

RECOVERY OF COSTS AND FEES. In the event either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys’ fees at all judicial levels.

AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties hereto and formally approved by the Board.

AGREEMENT. This Agreement reflects the negotiated agreement of the parties, each represented by competent legal counsel. Accordingly, this Agreement shall be construed as if both parties jointly prepared it, and no presumption against one party or the other shall govern the interpretation or construction of any of the provisions of this Agreement.

EXHIBITS. To the extent of any conflict between this Agreement and its Exhibit A, this Agreement shall control. Further, the “Terms and Conditions” referenced in the Proposal do not apply to this Agreement.

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

If to Engineer:	Kittelson & Associates, Inc.
225 East Robinson Street, Suite 355
Orlando, Florida 32801 Attn: Adam Burghdoff, P.E.

If to District:	Boggy Creek Improvement District
3501 Quadrangle Boulevard, Suite 270
Orlando, Florida 32817 Attn: District Manager

With a copy to:    Kutak Rock LLP
107 West College Avenue Tallahassee, Florida 32301 Attn: District Counsel

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

INDIVIDUAL LIABILITY. UNDER THIS AGREEMENT, AND SUBJECT TO THE REQUIREMENTS OF SECTION 558.0035, FLORIDA STATUTES, WHICH REQUIREMENTS ARE EXPRESSLY INCORPORATED HEREIN, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
[THIS SPACE INTENTIONALLY LEFT BLANK]

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

Attest:	BOGGY CREEK IMPROVEMENT DISTRICT

Assistant Secretary/Secretary	Chairperson / Vice Chairperson, Board of Supervisors

KITTELSON & ASSOCIATES, INC.

Witness	By: 	  Its: 	

EXHIBIT A - Proposal dated March 22, 2022

EXHIBIT A

BOGGY CREEK IMPROVEMENT DISTRICT

Resolution 2022-06,
Approving a Preliminary Budget for Fiscal Year 2023 and Setting a Public Hearing Date
[suggested date of August 16, 2022 at 3:00 p.m.]

RESOLUTION 2022-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BOGGY CREEK IMPROVEMENT DISTRICT APPROVING PROPOSED BUDGETS FOR FISCAL YEAR 2022/2023 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the Boggy Creek Improvement District (“District”) prior to June 15, 2022, proposed budgets (“Proposed Budget”) for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (“Fiscal Year 2022/2023”); and

WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE BOGGY CREEK IMPROVEMENT DISTRICT:

PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2022/2023 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget.

SETTING A PUBLIC HEARING. A public hearing on said approved Proposed Budget is hereby declared and set for the following date, hour and location:

DATE:		, 2022
HOUR:	3:00 p.m.
LOCATION:	Courtyard Orlando Lake Nona 6955 Lake Nona Blvd.
Orlando, Florida 32827

TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENTS. The District Manager is hereby directed to submit a copy of the Proposed Budget to the City of Orlando and Orange County at least 60 days prior to the hearing set above.

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

PUBLICATION OF NOTICE. Notice of this public hearing shall be published in the manner prescribed in Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 17th day of MAY 2022.

ATTEST:	BOGGY CREEK IMPROVEMENT DISTRICT

By:	
Secretary	Its:	

Boggy Creek Improvement District
FY 2023 Proposed O&M Budget

	Actual Through	Anticipated	Anticipated FY	FY 2022 Adopted	FY 2023 Proposed	
	04/30/2022	05/2022 - 09/2022	2022 Total	Budget	Budget	

Revenues						
Assessments	$	845,281.35	$	75,174.09	$	920,455.44	$	920,455.44	$	920,455.44	
Developer Contributions	135,433.65	113,735.79	249,169.44	725,319.70	725,319.70	
Carryforward Revenue	158,495.70	-	158,495.70	26,738.53	113,914.01	
Net Revenues	$ 1,139,210.70	$	188,909.88	$ 1,328,120.58	$ 1,672,513.67	$	1,759,689.15	
General & Administrative Expenses						
Legislative						
Supervisor Fees	$	2,000.00	$	2,000.00	$	4,000.00	$	4,800.00	$	4,800.00	
Financial & Administrative						
Public Officials' Liability Insurance	3,620.00	-	3,620.00	3,850.00	3,850.00	
Trustee Services	6,345.68	-	6,345.68	7,000.00	8,500.00	
Management	23,333.31	16,666.69	40,000.00	40,000.00	40,000.00	
Engineering	4,280.40	3,057.43	7,337.83	11,500.00	11,500.00	
Dissemination Agent	2,500.00	2,500.00	5,000.00	5,000.00	5,000.00	
Property Appraiser	-	-	-	-	1,000.00	
District Counsel	15,373.49	10,981.06	26,354.55	30,000.00	35,000.00	
Assessment Administration	7,500.00	-	7,500.00	7,500.00	7,500.00	
Reamortization Schedules	-	250.00	250.00	250.00	250.00	
Audit	-	5,000.00	5,000.00	5,000.00	4,000.00	
Arbitrage Calculation	-	1,200.00	1,200.00	1,200.00	1,200.00	
Travel and Per Diem	25.91	18.51	44.42	300.00	300.00	
Telephone	-	29.17	29.17	50.00	50.00	
Postage & Shipping	136.46	97.47	233.93	500.00	500.00	
Copies	-	1,166.67	1,166.67	2,000.00	1,500.00	
Legal Advertising	3,848.79	2,749.14	6,597.93	9,500.00	8,000.00	
Bank Fees	12.00	-	12.00	360.00	360.00	
Miscellaneous	137.63	98.31	235.94	3,000.00	3,000.00	
Meeting Room	-	-	-	-	400.00	
Office Supplies	125.00	125.00	250.00	250.00	250.00	
Property Taxes	-	-	-	150.00	150.00	
Web Site Maintenance	1,060.00	1,710.00	2,770.00	2,700.00	3,000.00	
Holiday Decorations	400.00	-	400.00	6,000.00	2,000.00	
Dues, Licenses, and Fees	175.00	-	175.00	175.00	175.00	
Total General & Administrative Expenses	$	70,873.67	$	47,649.45	$	118,523.12	$	141,085.00	$	142,285.00	

Boggy Creek Improvement District
FY 2023 Proposed O&M Budget

	Actual Through	Anticipated	Anticipated FY	FY 2022 Adopted	FY 2023 Proposed	
	04/30/2022	05/2022 - 09/2022	2022 Total	Budget	Budget	

Field Operations Expenses						
Electric Utility Services						
Electric	$	2,869.41	$	2,049.58	$	4,918.99	$	5,500.00	$	6,000.00	
Entry Lighting	-	291.67	291.67	500.00	500.00	
Water-Sewer Combination Services						
Water Reclaimed	16,882.60	12,059.00	28,941.60	30,000.00	30,000.00	
Other Physical Environment						
General Insurance	4,107.00	-	4,107.00	4,400.00	4,400.00	
Property & Casualty	3,933.00	-	3,933.00	4,200.00	4,200.00	
Other Insurance	-	-	-	100.00	100.00	
Irrigation Repairs	19,295.60	13,782.57	33,078.17	60,000.00	60,000.00	
Landscaping Maintenance & Material	156,726.08	111,947.20	268,673.28	276,839.00	374,220.00	
Landscape Improvements	55,259.20	10,000.00	65,259.20	65,000.00	65,000.00	
Tree Trimming	2,600.00	-	2,600.00	20,000.00	20,000.00	
Contingency	9,785.43	6,989.59	16,775.02	65,005.50	30,000.00	
Pest Control	1,510.00	-	1,510.00	3,020.00	3,020.00	
Shuttle Financing						
Insurance	-	2,916.67	2,916.67	5,000.00	5,000.00	
Maintenance	39,510.00	28,221.43	67,731.43	216,000.00	216,000.00	
Vehicle Cost (Loan Payment)	103,839.77	74,171.26	178,011.03	358,000.00	146,319.70	
BEEP Operating Costs	11,797.00	8,426.43	20,223.43	146,319.70	358,000.00	
Interchange Maintenance Expenses						
IME - Aquatics Maintenance	1,899.60	1,356.86	3,256.46	3,445.00	3,445.00	
IME - Irrigation Repair	1,546.34	1,104.53	2,650.87	3,250.00	3,250.00	
IME - Landscaping	52,473.30	37,480.93	89,954.23	88,370.10	89,506.95	
IME - Landscape Improvements	-	-	-	-	13,000.00	
IME - Lighting	451.67	322.62	774.29	812.50	1,300.00	
IME - Miscellaneous	99.12	70.80	169.92	4,225.00	6,500.00	
IME - Water Reclaimed	209.02	149.30	358.32	1,625.00	1,625.00	
Road & Street Facilities						
Entry and Wall Maintenance	3,493.72	2,495.51	5,989.23	15,000.00	20,000.00	
Streetlights	38,934.04	27,810.03	66,744.07	96,390.20	97,590.83	
Parks & Recreation						
Personnel Leasing Agreement	21,000.07	14,999.93	36,000.00	36,000.00	36,000.00	
Reserves						
Infrastructure Capital Reserve	-	20,166.67	20,166.67	20,166.67	20,166.67	
Interchange Maintenance Reserve	-	2,360.00	2,360.00	2,360.00	2,360.00	
Total Field Operations Expenses	$  548,221.97	$	379,172.58	$	927,394.55	$ 1,531,528.67	$	1,617,504.15	

Total Expenses	
$  619,095.64	
$	426,822.03	
$ 1,045,917.67	
$ 1,672,613.67	
$	1,759,789.15	

Income (Loss) from Operations	
$  520,115.06	
$	(237,912.15)	
$	282,202.91	
$	(100.00)	
$	(100.00)	
Other Income (Expense)						
Interest Income	$	64.28	$	45.91	$	110.19	$	100.00	$	100.00	
Total Other Income (Expense)	$	64.28	$	45.91	$	110.19	$	100.00	$	100.00	
Net Income (Loss)	$  520,179.34	$	(237,866.24)	$	282,313.10	$	-	$	-	

Boggy Creek Improvement District FY 2023 Proposed Debt Service Budget Series 2013 Special Assessment Bonds

		FY 2023	
		Proposed	
		Budget	
REVENUES:			
Special Assessments Series 2013	$	5,098,121.88	
TOTAL REVENUES	$	5,098,121.88	

EXPENDITURES:			
Series 2013 - Interest 11/01/2022	$	1,152,100.00	
Series 2013 - Principal 05/01/2023		1,685,000.00	
Series 2013 - Interest 05/01/2023		1,152,100.00	
TOTAL EXPENDITURES	$	3,989,200.00	

EXCESS REVENUES	

$	

1,108,921.88	

Series 2013 - Interest 11/01/2023	

$	

1,108,921.88	

Boggy Creek Improvement District Budget Item Descriptions
FY 2022 – 2023

Revenues

Off-Roll Assessments

The District can levy a Non-Ad Valorem assessment on all the assessable property within the District in order to pay for the operating expenditures during the Fiscal Year. It is typically collected via the Tax Collector, but it can also be collected via a direct bill (referred to as Off Roll) from the district.

Developer Contribution

Funding from the Developer.

Carryforward Revenue

Unused income from a prior year which is available as cash for the current year.

General & Administrative Expenses

Supervisor Fees

Chapter 190 of the Florida Statutes allows for a member of the Board of Supervisors to be compensated for meeting attendance and to receive up to $200.00 per meeting plus payroll taxes. The amount for the Fiscal Year is based upon all supervisors attending the meetings.

Public Officials’ Liability Insurance

Supervisors’ and Officers’ liability insurance.

Trustee Services

The Trustee submits invoices annually for services rendered on bond series. These fees are for maintaining the district trust accounts.

Management

The District receives Management and Administrative services as part of a Management Agreement with PFM Group Consulting, LLC. These services are further outlined in Exhibit “A” of the Management Agreement.

Engineering

The District’s engineer provides general engineering services to the District. Among these services are attendance at and preparation for monthly board meetings, review of invoices, and all other engineering services as requested by the district throughout the year.

Boggy Creek Improvement District Budget Item Descriptions
FY 2022 – 2023

Dissemination Agent

When bonds are issued for the District, the Bond Indenture requires continuing disclosure, which the dissemination agent provides to the trustee and bond holders.

District Counsel

The District’s legal counsel provides general legal services to the District. Among these services are attendance at and preparation for monthly board meetings, review of operating and maintenance contracts, and all other legal services as requested by the District throughout the year.

Assessment Administration

The District can levy a Non-Ad Valorem assessment on all the assessable property within the District in order to pay for the operating expenditures during the Fiscal Year. It is typically collected via the Tax Collector. The District Manager submits an Assessment Roll to the Tax Collector annually by the deadline set by the Tax Collector or Property Appraiser.

Reamortization Schedules

When debt is paid on a bond series, a new amortization schedule must be recalculated. This can occur up to four times per year per bond issue.

Audit

Chapter 218 of the Florida Statutes requires a District to conduct an annual financial audit by an Independent Certified Public Accounting firm. Some exceptions apply.

Arbitrage Calculation

To ensure the District's compliance with all tax regulations, annual computations are necessary to calculate an arbitrage rebate liability.

Travel and Per Diem

Travel to and from meetings as related to the District.

Telephone

Telephone and fax machine services.

Postage & Shipping

Mail, overnight deliveries, correspondence, etc.

Copies

Printing and binding Board agenda packages, letterhead, envelopes, and copies.

Boggy Creek Improvement District Budget Item Descriptions
FY 2022 – 2023

Legal Advertising

The District will incur expenditures related to legal advertising. The items for which the District will advertise include, but are not limited to, monthly meetings, special meetings, and public hearings for the District.

Bank Fees

Bank fees associated with the services the District uses with the bank (e.g. remote deposit capture, positive pay, wire transfers, ACH payments, monthly maintenance, etc.).

Miscellaneous

Other general & administrative expenses incurred throughout the year.

Office Supplies

General office supplies associated with the District.

Property Taxes

Ad Valorem taxes on District property that is not tax-exempt.

Website Maintenance

Website maintenance fee.

Holiday Decorations

District decorations for the holidays.

Dues, Licenses & Fees

The District is required to pay an annual fee to the Department of Economic Opportunity.

Field Operations Expenses

Electric Utility Services

Electric

The District pays for electric meters used on District-owned roads.

Entry Lighting

Lighting charges for District entryways.

Boggy Creek Improvement District Budget Item Descriptions
FY 2022 – 2023

Water-Sewer Combination Services

Water Reclaimed Water used for irrigation Other Physical Environment
General Insurance

General liability insurance.

Property & Casualty

Insurance to protect property and cover casualty.

Other Insurance

Insurance to protect the District not otherwise covered under D&O, General, or Property & Casualty.

Irrigation Repairs

Inspection and repair of irrigation system.

Landscaping Maintenance & Material

Contracted landscaping within the boundaries of the District.

Landscape Improvements

Improvements in landscape above and beyond what is already contracted for property owned by District.

Tree Trimming

Trimming of trees on District property.

Contingency

Other Field Operations expenses incurred throughout the year.

Pest Control Pest control services. Shuttle Financing
Insurance

Developer-funded cost of insurance for BEEP transportation.

Boggy Creek Improvement District Budget Item Descriptions
FY 2022 – 2023

Maintenance

Developer-funded cost of maintenance for BEEP transportation.

Vehicle Cost

Developer-funded cost of the vehicles required for BEEP transportation.

BEEP Operating Costs

Developer-funded cost of operations for BEEP transportation.

Interchange Maintenance Expenses

IME – Aquatics Maintenance

Pond maintenance as it relates to the Interchange. The District is responsible for only a portion of the cost. Greeneway Improvement District and Myrtle Creek Improvement District each chip in for the remainder.

IME – Irrigation Repair

Irrigation repairs as they relate to the Interchange. The District is responsible for only a portion of the cost. Greeneway Improvement District and Myrtle Creek Improvement District each chip in for the remainder.

IME – Landscaping

Landscaping services as they relate to the Interchange. The District is responsible for only a portion of the cost. Greeneway Improvement District and Myrtle Creek Improvement District each chip in for the remainder.

IME – Lighting

Lighting services as they relate to the Interchange. The District is responsible for only a portion of the cost. Greeneway Improvement District and Myrtle Creek Improvement District each chip in for the remainder.

IME – Miscellaneous

Other interchange expenses as they relate to the Interchange. The District is responsible for only a portion of the cost. Greeneway Improvement District and Myrtle Creek Improvement District each chip in for the remainder.

IME – Water Reclaimed

Water reclaimed services as they relate to the Interchange. The District is responsible for only a portion of the cost. Greeneway Improvement District and Myrtle Creek Improvement District each chip in for the remainder.

Road & Street Facilities

Entry and Wall Maintenance

Maintenance of entrance(s) and walls within the District.

Streetlights

Streetlighting expenses within the District.

Boggy Creek Improvement District Budget Item Descriptions
FY 2022 – 2023

Parks & Recreation

Personnel Leasing Agreement

The lease of outside personnel per signed agreement.

Reserves

Infrastructure Capital Reserve

Funds reserved for infrastructure capital repairs/maintenance/replacement. These funds are kept in a separate bank account.

Interchange Maintenance Reserve

Funds reserved for interchange maintenance/repairs. These funds are kept in a separate bank account.

Other Income (Expense)

Interest Income

Income from interest earnings.

BOGGY CREEK IMPROVEMENT DISTRICT

Operation and Maintenance Expenditures Paid in April 2022 in an amount totaling $77,133.50

BOGGY CREEK IMPROVEMENT DISTRICT
DISTRICT OFFICE ● 3501 QUADRANGLE BLVD STE 270 ● ORLANDO, FL 32817 PHONE: (407) 723-5900 ● FAX: (407) 723-5901

Operation and Maintenance Expenditures For Board Approval

Attached please find the check register listing Operations and Maintenance expenditures paid from April 1, 2022 through April 30, 2022. This does not include expenditures previously approved by the Board.

The total items being presented:    $77,133.50

Approval of Expenditures:

	 Chairman

	 Vice Chairman

	 Assistant Secretary

5/12/22
9:42:27 AM

Boggy Creek Improvement District AP Check Register (Current by Bank)
Check Dates: 4/1/2022 to 4/30/2022

Page: 1

Check No.	Date	Status*	Vendor ID	Payee Name	Amount	
BANK ID: SUN - CITY NATIONAL BANK	001-101-0000-00-01	
3924	04/07/22	M	AWC	Aquatic Weed Control, Inc.		$835.00	
3925	04/07/22	M	DWC	DWC Outdoors & Hauling		$2,600.00	
3926	04/07/22	M	KUTAK	Kutak Rock		$2,812.58	
3927	04/07/22	M	ORLSEN	Orlando Sentinel		$237.50	
3928	04/07/22	M	PFMGC	PFM Group Consulting		$65.36	
3929	04/11/22	M	BERCON	Berman Construction		$3,000.01	
3930	04/11/22	M	CEPRA	Cepra Landscape		846,639.93	
					BANK SUN REGISTER TOTAL:	$56,190.38	
					GRAND TOTAL :	$56,190.38	

56,190.38	Checks 3924-3930			
20,931.12	Returned depos it			
12.00	Bank fee for returned check			
21,83&.47	FR 32 - BEEP payment			
				
  9B,971.97 	Ca sh Sp ent			
77 1	0	O &fv1 Cash Spent			

* Check Status Types: "P" - Printed ; "M" - Manual ; "V" - Void ( Void Date ); "A" - Application; "E" - EFT
** Denotes broken check sequence.

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By Amanda Lane at 2:21 pm, Apr 06, 2022

BOGGY CREEK IMPROVEMENT DISTRICT

Requisition Nos. 2018-234 – 2018-238 Paid in April 2022 in an amount totaling $33,174.05

BOGGY CREEK IMPROVEMENT DISTRICT
DISTRICT OFFICE ● 3501 QUADRANGLE BLVD STE 270 ● ORLANDO, FL 32817 PHONE: (407) 723-5900 ● FAX: (407) 723-5901

Requisition Recap For Board Approval

Attached please find the listing of requisitions approved to be paid from bond funds from April 1, 2022 through April 30, 2022. This does not include requisitions previously approved by the Board.

REQUISITION NO	.	PAYEE	AMOUNT	
2018-234	Professional Service Industries	$10,598.00	
2018-235	Atkins	$12,499.80	
2018-236	Donald W. McIntosh Associates	$9,087.25	
2018-237	Kutak Rock	$759.00	
2018-238	Orlando Sentinel	$230.00	
		$33,174.05	

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By Amanda Lane at 11:12 am, Apr 04, 2022

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By Amanda Lane at 3:52 pm, Apr 13, 2022

EXHIBIT D

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT AND
2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE: PAYEE: ADDRESS:

April 22, 2022
Donald W McIntosh Associates 2200 Park Avenue North Winter Park, FL 32789

REQUISITION NO:	2018-236
AMOUNT DUE:	$9,087.25
FUND:	Acquisition/Constriction

ITEM:

•

Invoice 42469 for Project 23218 (Lake Nona Boggy Creek) Through 03/25/2022 —
$2,022.25
Invoice 42480 for Project 21665 (Laureate BoulevarfVeterans Way Traffic Signal) Throueh 03/25/2022 — 57.065.00

The undersigped hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2018 Project (herein after the "Project") and each represents a Cost of the Project, and has not previously been pai‹f

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage, which the District is at the date of such certificate entitled to retain.

It is hereby represented by the undersigned that the Governing Body of the District has approved this

requisition or has approved the specific contract due and payable.

respect to which disbursements pursuant to

requisition are

Attached hereto are photocopies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

BOGGY CREEK IMPROVEMENT DISTRICT
BY:	 	
CHAIRMAN or VICE CHAIRMAN

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES
The undersigned Disoict Engineer hereby certifies that this disbursement is for a cost ofthe 2018 Project and is consistent with: (i) the applicable or construction contract; (ii) the p and ecifications for the portion of the 2018 Project with respect to which such disbursement is being made; n éd, ( “   port of the District Engineer.

BY:
DISTRIC

ER	Je	ey J. Newton, PE

BCID Series 2018 Req. 236 — Donald iV Me&tosb Associates

April 22, 2022

Page 1 of1

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT AND
2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE: PAYEE: ADDRESS:

April 22, 2022 Kutak Rock PO Box 30057
Omaha, NE 68103-1157

REQUISITION NO:	2018-237
AMOUNT DUE:	$759.Hi
FUND:	Acquisition/Construction

ITEM:

Invoice 3038454 for Client Matter 3023-2 {Proiect Gonstructionl Through 03f3l/2022

The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2018 Project(herein after the "Project") and each represents a Cost of the Project, and has not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage, which the District is at the date of such certificate entitled to retain.

It is hereby represented by the undersigned that the Governing Body of the District has approved this requisition or has approved the specific contract with respect to which disbursements pursuant to this requisition are due and payable.

Attached hereto are photocopies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

BOGGY CREEK IMPROVEMENT DISTRICT

BY:	
CHAIRMAN or VICE CHAIRMAN

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

The undersigned District Engineer hereby certifies that this disbiusement is for a cost of the 2018 Project and is consistent with: (i) the applicable or constriction contract; (ii) the plans d speci cations for the portion of the 2018 Project with respect to which such disbursement is being made; and, ’’ the  rt of the District Engineer.

BY:

DISTRICT	G	ER J	ey J. Newton, PE

itEC£iUSD

BCID Series 2018 Req. 237 - Kutak Rock

April 22, 2022

Page 1 of1

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT AND
2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE: PAYEE: ADDRESS:

April 22, 2022 Orlando Sentinel PO Box 100608
Atlanta, GA 30384-0608

REQUISITION NO:	2018-238
AMOUNT DUE:	$230.00
FUND:	Acquisition/Construction

ITEM:

Invoice 51741717000 for Reference OSC517417l7 (Ad #7167130) for Construction Legal Advertising of April Construction Goaimittee Meetings (Split Five Ways, Will Be Reimbursed From GID, MCID, PE, MID)

The undersigped hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2018 Project (herein after the "Project") and each represents a Cost of the Project, and has not previously been paid.

The undersigped hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage, which the District is at the date of such certificate entitled to retain.

It is hereby represented by the undersigned that the Governing Body of the District has approved this requisition or has approved the specific contract with respect to which disbursements pursuant to this requisition are due and payable.

Attached hereto are photocopies of the invoice(s) from the vendor of the property acquired or services rendenxl ma respect to which disbursement is hereby requested.

BOG€iY CREEK IMPROVEMENT DISTRICT

BY:			
CHAIRMAN or VICE CHAIRMAN

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

The undersigned District Engineer hereby certifies that this disbursement is for a cost of the 2018 Project and is consistent with: (i) the applicable or construction contract; (ii) the plans and  cifications for the portion of the 2018 Project with respect to which such disbursement is being made; and, (ii‘ the  rt o  e District Engineer.

BY:

DIS	CT	G

Je&ey J	ewton, PE

BCID Series 2018 Req. 238 — Orlando Sentinel

April 22, 2022

Page 1 of1

BOGGY CREEK IMPROVEMENT DISTRICT

Work Authorization/Proposed Services
(if applicable)

BOGGY CREEK IMPROVEMENT DISTRICT

District’s Financial Position and Budget to Actual YTD

Boggy Creek Improvement District	
Statement of Financial Position	
As of 4/30/2022	
	
General		
Debt Service		
Capital Projects	

Assets			
Current Assets						
General Checking Account	$715,377.86					
State Board of Administration	1,302.03					
Accounts Receivable - Due from Developer	22,377.12					
Due From Other Governmental Units	17,172.37					
Deposits	5,000.00					
Infrastructure Capital Reserve	60,594.46					
Interchange Maintenance Reserve	7,088.73					
Accounts Receivable			$6,888.15			
Debt Service Reserve Series 2013			3,946,021.87			
Debt Service Reserve Series 2018			1,174,343.48			
Revenue Series 2013			3,707,162.19			
Interest Series 2018			6,125.40			
General Checking Account					$13,132.39	
Acquisition/Construction Series 2013					27,100.82	
Acquisition/Construction Series 2018					136.50	
Due From Other Governmental Units					274.50	
Total Current Assets	$828,912.57		$8,840,541.09		$40,644.21	

Investments						
Amount Available in Debt Service Funds						
Amount To Be Provided						
Total Investments	$0.00		$0.00		$0.00	
Total Assets	$828,912.57		$8,840,541.09		$40,644.21	

Liabilities and Net Assets	
Current Liabilities						
Accounts Payable	$99,232.18					
Deferred Revenue	22,377.12					
Accounts Payable					$10,076.25	
Total Current Liabilities	$121,609.30		$0.00		$10,076.25	

Long Term Liabilities						
Revenue Bonds Payable - Long-Term						
Total Long Term Liabilities	$0.00		$0.00		$0.00	
Total Liabilities	$121,609.30		$0.00		$10,076.25	

General Long-	Total Term Debt

$0.00

$8,833,652.94 37,726,347.06
$46,560,000.00

$46,560,000.00		$715,377.86
1,302.03
22,377.12
17,172.37
5,000.00
60,594.46
7,088.73
6,888.15
3,946,021.87
1,174,343.48
3,707,162.19
6,125.40
13,132.39
27,100.82
136.50
274.50
$9,710,097.87

$8,833,652.94 37,726,347.06
$46,560,000.00

$56,270,097.87	

$0.00

$46,560,000.00
$46,560,000.00

$46,560,000.00		

$99,232.18 22,377.12
10,076.25
$131,685.55

$46,560,000.00
$46,560,000.00

$46,691,685.55	

Boggy Creek Improvement District
Statement of Financial Position As of 4/30/2022

General		Debt Service		Capital Projects		General Long- Term Debt		Total	

($17,637.70) 363,257.33
361,683.64

$707,303.27		

($2,994,061.89) 3,760,568.95
8,074,034.03

$8,840,541.09		

($22,384,631.35)
(4,278,816.79)
(2,960.06)

26,696,976.16
$30,567.96		

$0.00		
($17,637.70) 363,257.33
361,683.64

(2,994,061.89)
3,760,568.95

8,074,034.03
(22,384,631.35)
(4,278,816.79)
(2,960.06)

26,696,976.16
$9,578,412.32	
									
$828,912.57		$8,840,541.09		$40,644.21		$46,560,000.00		$56,270,097.87	

Net Assets
Net Assets, Unrestricted
Net Assets - General Government
Current Year Net Assets - General Government

Net Assets, Unrestricted
Current Year Net Assets, Unrestricted

Net Assets - General Government Net Assets, Unrestricted
Net Assets, Unrestricted
Current Year Net Assets, Unrestricted

Net Assets - General Government

Total Net Assets

Total Liabilities and Net Assets

Boggy Creek Improvement District
Statement of Activities As of 4/30/2022

	General	Debt Service	Capital Projects	General Long- Term Debt	Total	

Revenues						
Off-Roll Assessments	$845,281.35				$845,281.35	
Developer Contributions	135,433.65				135,433.65	
Off-Roll Assessments		$3,671,080.49			3,671,080.49	
Other Assessments		1,236,050.44			1,236,050.44	
Inter-Fund Group Transfers In		(114.64)			(114.64)	
Debt Proceeds		363,361.30			363,361.30	
Inter-Fund Transfers In			$114.64		114.64	
Debt Proceeds			210,997.14		210,997.14	
Total Revenues	

$980,715.00	

$5,270,377.59	

$211,111.78	

$0.00	

$6,462,204.37	
Expenses						
Supervisor Fees	$2,000.00				$2,000.00	
Public Officials' Liability Insurance	3,620.00				3,620.00	
Trustee Services	6,345.68				6,345.68	
Management	23,333.31				23,333.31	
Engineering	4,280.40				4,280.40	
Dissemination Agent	2,500.00				2,500.00	
District Counsel	15,373.49				15,373.49	
Assessment Administration	7,500.00				7,500.00	
Travel and Per Diem	25.91				25.91	
Postage & Shipping	136.46				136.46	
Legal Advertising	3,848.79				3,848.79	
Bank Fees	12.00				12.00	
Miscellaneous	137.63				137.63	
Office Supplies	125.00				125.00	
Web Site Maintenance	1,060.00				1,060.00	
Holiday Decorations	400.00				400.00	
Dues, Licenses, and Fees	175.00				175.00	
Electric	2,869.41				2,869.41	
Water Reclaimed	16,882.60				16,882.60	
General Insurance	4,107.00				4,107.00	
Property & Casualty	3,933.00				3,933.00	
Irrigation Parts	19,295.60				19,295.60	
Landscaping Maintenance & Material	156,726.08				156,726.08	
Landscape Improvements	55,259.20				55,259.20	
Tree Trimming	2,600.00				2,600.00	
Contingency	9,785.43				9,785.43	
IME - Aquatics Maintenance	1,899.60				1,899.60	
IME - Irrigation	1,546.34				1,546.34	
IME - Landscaping	52,473.30				52,473.30	
IME - Lighting	451.67				451.67	
IME - Miscellaneous	99.12				99.12	
IME - Water Reclaimed	209.02				209.02	
Pest Control	1,510.00				1,510.00	
Entry and Wall Maintenance	3,493.72				3,493.72	
Shuttle Financing - Maintenance	39,510.00				39,510.00	
Shuttle Financing - Vehicle Cost	103,839.77				103,839.77	
Shuttle Financing - BEEP Operating Costs	11,797.00				11,797.00	
Streetlights	38,934.04				38,934.04	
Personnel Leasing Agreement	21,000.07				21,000.07	

Boggy Creek Improvement District
Statement of Activities As of 4/30/2022

General	Debt Service		Capital Projects

General Long- Term Debt

Total

Interest Payments (Series 2013)			$1,193,100.00						1,193,100.00	
Interest Payments (Series 2018)			317,412.63						317,412.63	
Engineering					$39,995.00				39,995.00	
District Counsel					4,334.00				4,334.00	
Legal Advertising					331.75				331.75	
Contingency					169,412.90				169,412.90	
Total Expenses	$619,095.64		$1,510,512.63		$214,073.65		$0.00		$2,343,681.92	

Other Revenues (Expenses) & Gains (Losses)

Interest Income	$64.28								$64.28	
Interest Income			$703.99						703.99	
Interest Income					$1.81				1.81	
Total Other Revenues (Expenses) & Gains (Losses)	$64.28		$703.99		$1.81		$0.00		$770.08	

Change In Net Assets	$361,683.64		$3,760,568.95		($2,960.06)		$0.00		$4,119,292.53	

Net Assets At Beginning Of Year	
$345,619.63		
$5,079,972.14		
$33,528.02		
$0.00		
$5,459,119.79	

Net Assets At End Of Year	

$707,303.27		

$8,840,541.09		

$30,567.96		

$0.00		

$9,578,412.32	

Boggy Creek Improvement District
Budget to Actual
For the Month Ending 04/30/2022	
	
Oct-21	
Nov-21	
Dec-21	
Jan-22		
Feb-22	
Mar-22	
Apr-22	

Revenues
Off-Roll Assessments Developer Contributions Carryforward Revenue
Net Revenues
General & Administrative Expenses Legislative
Supervisor Fees
Financial & Administrative
Public Officials' Liability Insurance Trustee Services
Management Engineering Dissemination Agent District Counsel
Assessment Administration Reamortization Schedules Audit
Arbitrage Calculation Travel and Per Diem Telephone
Postage & Shipping Copies
Legal Advertising Bank Fees Miscellaneous Office Supplies Property Taxes
Web Site Maintenance Holiday Decorations Dues, Licenses, and Fees
Total General & Administrative Expenses	

$	-
- 283,147.54
$ 283,147.54

$	400.00

3,620.00
6,345.68
3,333.33
-
-
- 7,500.00
-
-
-
-
-
-
- 1,317.52
-
-
-
- 125.00
- 175.00
$  22,816.53	

$	-	$	-	$	23,106.17
-	62,218.00	-
(124,651.84)	-	-
$ (124,651.84)	$  62,218.00	$	23,106.17

$	400.00	$	-	$	400.00

-	-	-
-	-	-
3,333.33	3,333.33	3,333.33
383.00	444.00	-
-	1,250.00	-
-	4,388.65	-
-	-	-
-	-	-
-	-	-
-	-	-
-	15.07	-
-	-	-
-	87.47	23.37
-	-	-
-	248.75	237.50
-	-	-
-	72.27	-
-	-	-
-	-	-
125.00	425.00	125.00
-	400.00	-
-	-	-
$	4,241.33	$  10,664.54	$	4,119.20	

$

$

$

$	

51,977.26
29,797.00
-
81,774.26

400.00

-
- 3,333.33
1,969.00
1,250.00
1,906.00
-
-
-
- 5.10
- 24.53
-
-
-
- 125.00
-
-
-
-
9,012.96	

$ 687,260.13
21,580.18
-
$ 708,840.31

$	-

-
- 3,333.33
706.50
- 6,466.84
-
-
-
- 5.74
-
-
- 475.00
-
-
-
- 260.00
-
-
$  11,247.41	

$  82,937.79
21,838.47
-
$ 104,776.26

$	400.00

-
- 3,333.33
777.90
- 2,612.00
-
-
-
-
-
- 1.09
- 1,570.02
12.00
65.36
-
-
-
-
-
$	8,771.70	

Field Operations
Electric Utility Services
Electric
Entry Lighting
Water-Sewer Combination Services
Water Reclaimed
Other Physical Environment
General Insurance
Property & Casualty Insurance Other Insurance	

$	-
-
- 4,107.00
3,933.00
-	

$	438.39	$	432.48	$	448.44
-	-	-

4,013.53	2,220.82	3,372.41

-	-	-
-	-	-
-	-	-	

$	

445.54
- 2,813.90
-
-
-	

$	505.26
- 1,871.10
-
-
-	

$	599.30
- 2,590.84
-
-
-	

 
YTD Actual

$  845,281.35
135,433.65
158,495.70	
$ 1,139,210.70

$	2,000.00

3,620.00
6,345.68
23,333.31
4,280.40
2,500.00
15,373.49
7,500.00
-
-
- 25.91
- 136.46
- 3,848.79
12.00
137.63
125.00
- 1,060.00
400.00
175.00	
$	70,873.67

$	2,869.41

16,882.60

-	4,107.00
3,933.00	

Boggy Creek Improvement District
Budget to Actual
For the Month Ending 04/30/2022	

Irrigation Repairs
Landscaping Maintenance & Material Landscape Improvements
Tree Trimming Contingency Pest Control
Shuttle Financing Insurance Maintenance Vehicle Cost
BEEP Operating Costs
Interchange Maintenance Expenses
IME - Aquatics Maintenance IME - Irrigation
IME - Landscaping IME - Lighting
IME - Miscellaneous IME - Water Reclaimed
Road & Street Facilities
Entry and Wall Maintenance Streetlights
Parks & Recreation
Personnel Leasing Agreement
Reserves
Infrastructure Capital Reserve Interchange Maintenance Reserve
Total Field Operations Expenses

Total Expenses
Income (Loss) from Operations Other Income (Expense)
Interest Income
Total Other Income (Expense)

Net Income (Loss)	

$

 $ 

$

$
$

$	
Oct-21

- 22,389.44
19,158.00
-
-
-

-
- 25,000.00
-

271.37
- 6,565.22
-
-
-

-
- 3,000.01
-
-
84,424.04

107,240.57 

175,906.97

9.16
9.16

175,916.13	
Nov-21	Dec-21	Jan-22

7,320.00	-	2,838.60
22,389.44	22,389.44	22,389.44
10,455.20	18,194.00	6,912.00
-	-	-
-	-	-
-	-	-

-	-	-
18,000.00	18,000.00	3,510.00
-	-	14,490.00
-	-	11,797.00

271.37	271.37	271.37
-	-	411.12
6,565.22	7,868.57	7,868.57
74.57	75.47	82.75
-	-	-
37.68	23.55	47.10

-	2,613.00	-
6,458.30	6,457.54	6,506.71

3,000.01	3,000.01	3,000.01

-	-	-
-	-	-
$	79,023.71	$  81,546.25	$	83,945.52

 $	83,265.04    $  92,210.79    $	88,064.72 

$ (207,916.88)	$ (29,992.79)	$  (64,958.55)

$	8.47	$	8.12	$	6.68
$	8.47	$	8.12	$	6.68

$ (207,908.41)	$ (29,984.67)	$  (64,951.87)	

$

 $ 

$

$
$

$	
Feb-22

1,880.40
22,389.44
-
-
-
-

-
- 21,580.18
-

271.37
675.02
7,868.57
74.78
- 36.33

- 6,503.57

3,000.01

-
-
67,539.11

76,552.07 

5,222.19

6.19
6.19

5,228.38	
Mar-22

7,256.60
22,389.44
540.00
-
- 1,510.00

-
- 21,838.47
-

271.37
460.20
7,868.57
70.08
99.12
29.15

880.72
6,502.78

3,000.01

-
-
$  75,092.87

 $  86,340.28 

$ 622,500.03

$	11.73
$	11.73

$ 622,511.76	

$

 $ 

$

$
$

$	
Apr-22

- 22,389.44
- 2,600.00
9,785.43
-

-
- 20,931.12
-

271.38
- 7,868.58
74.02
- 35.21

- 6,505.14

3,000.01

-
-
76,650.47

85,422.17 

19,354.09

13.93
13.93

19,368.02	

 
YTD Actual

19,295.60
156,726.08
55,259.20
2,600.00
9,785.43
1,510.00

39,510.00
103,839.77
11,797.00
-
1,899.60
1,546.34
52,473.30
451.67
99.12
209.02

3,493.72
38,934.04

21,000.07	
$	548,221.97

$-	619,095.64	
-
$	520,115.06

$	64.28	
$	64.28	
$	520,179.34	

Boggy Creek Improvement District	
Budget to Actual	
For the Month Ending 04/30/2022	

Actual		

Budget		

Variance	
FY 2022
Adopted Budget	
Percentage Spent	

Revenues								
Off-Roll Assessments	$	845,281.35	$  536,932.34	$	308,349.01	$  920,455.44	91.83%	
Developer Contributions	135,433.65		423,103.16		(287,669.51)	725,319.70	18.67%	
Carryforward Revenue	158,495.70		15,597.48		142,898.22	26,738.53	592.76%	
Net Revenues	$ 1,139,210.70	$  975,632.98	$	163,577.72	$ 1,672,513.67	68.11%	
General & Administrative Expenses								
Legislative								
Supervisor Fees	$	2,000.00	$	2,800.00	$	(800.00)	$	4,800.00	41.67%	
Financial & Administrative								
Public Officials' Liability Insurance	3,620.00		2,245.83		1,374.17	3,850.00	94.03%	
Trustee Services	6,345.68		4,083.33		2,262.35	7,000.00	90.65%	
Management	23,333.31		23,333.33		(0.02)	40,000.00	58.33%	
Engineering	4,280.40		6,708.33		(2,427.93)	11,500.00	37.22%	
Dissemination Agent	2,500.00		2,916.67		(416.67)	5,000.00	50.00%	
District Counsel	15,373.49		17,500.00		(2,126.51)	30,000.00	51.24%	
Assessment Administration	7,500.00		4,375.00		3,125.00	7,500.00	100.00%	
Reamortization Schedules	-		145.83		(145.83)	250.00	0.00%	
Audit	-		2,916.67		(2,916.67)	5,000.00	0.00%	
Arbitrage Calculation	-		700.00		(700.00)	1,200.00	0.00%	
Travel and Per Diem	25.91		175.00		(149.09)	300.00	8.64%	
Telephone	-		29.17		(29.17)	50.00	0.00%	
Postage & Shipping	136.46		291.67		(155.21)	500.00	27.29%	
Copies	-		1,166.67		(1,166.67)	2,000.00	0.00%	
Legal Advertising	3,848.79		5,541.67		(1,692.88)	9,500.00	40.51%	
Bank Fees	12.00		210.00		(198.00)	360.00	3.33%	
Miscellaneous	137.63		1,749.98		(1,612.35)	3,000.00	4.59%	
Office Supplies	125.00		145.83		(20.83)	250.00	50.00%	
Property Taxes	-		87.50		(87.50)	150.00	0.00%	
Web Site Maintenance	1,060.00		1,575.00		(515.00)	2,700.00	39.26%	
Holiday Decorations	400.00		3,500.00		(3,100.00)	6,000.00	6.67%	
Dues, Licenses, and Fees	175.00		102.08		72.92	175.00	100.00%	
Total General & Administrative Expenses	$	70,873.67	$	82,299.56	$	(11,425.89)	$  141,085.00	50.23%	

Boggy Creek Improvement District
Budget to Actual
For the Month Ending 04/30/2022

		Actual		Budget		Variance	FY 2022
Adopted Budget	Percentage Spent	

Field Operations Expenses									
Electric Utility Services									
Electric	$	2,869.41	$	3,208.33	$	(338.92)	$	5,500.00	52.17%	
Entry Lighting		-		291.67		(291.67)	500.00	0.00%	
Water-Sewer Combination Services									
Water Reclaimed		16,882.60		17,500.00		(617.40)	30,000.00	56.28%	
Other Physical Environment									
General Insurance		4,107.00		2,566.67		1,540.33	4,400.00	93.34%	
Property & Casualty		3,933.00		2,450.00		1,483.00	4,200.00	93.64%	
Other Insurance		-		58.33		(58.33)	100.00	0.00%	
Irrigation Repairs		19,295.60		35,000.00		(15,704.40)	60,000.00	32.16%	
Landscaping Maintenance & Material		156,726.08		161,489.42		(4,763.34)	276,839.00	56.61%	
Landscape Improvements		55,259.20		37,916.67		17,342.53	65,000.00	85.01%	
Tree Trimming		2,600.00		11,666.67		(9,066.67)	20,000.00	13.00%	
Contingency		9,785.43		37,919.88		(28,134.45)	65,005.50	15.05%	
Pest Control		1,510.00		1,761.67		(251.67)	3,020.00	50.00%	
Shuttle Financing									
Insurance		-		2,916.67		(2,916.67)	5,000.00	0.00%	
Maintenance		39,510.00		126,000.00		(86,490.00)	216,000.00	18.29%	
Vehicle Cost		103,839.77		208,833.33		(104,993.56)	358,000.00	29.01%	
BEEP Operating Costs		11,797.00		85,353.16		(73,556.16)	146,319.70	8.06%	
Interchange Maintenance Expenses									
IME - Aquatics Maintenance		1,899.60		2,009.58		(109.98)	3,445.00	55.14%	
IME - Irrigation Repair		1,546.34		1,895.83		(349.49)	3,250.00	47.58%	
IME - Landscaping		52,473.30		51,549.23		924.07	88,370.10	59.38%	
IME - Lighting		451.67		473.96		(22.29)	812.50	55.59%	
IME - Miscellaneous		99.12		2,464.58		(2,365.46)	4,225.00	2.35%	
IME - Water Reclaimed		209.02		947.92		(738.90)	1,625.00	12.86%	
Road & Street Facilities									
Entry and Wall Maintenance		3,493.72		8,750.00		(5,256.28)	15,000.00	23.29%	
Streetlights		38,934.04		56,227.62		(17,293.58)	96,390.20	40.39%	
Parks & Recreation									
Personnel Leasing Agreement		21,000.07		21,000.00		0.07	36,000.00	58.33%	
Reserves									
Infrastructure Capital Reserve		-		11,763.89		(11,763.89)	20,166.67	0.00%	
Interchange Maintenance Reserve		-		1,376.67		(1,376.67)	2,360.00	0.00%	
Total Field Operations Expenses	$	548,221.97	$	893,391.75	$	(345,169.78)	$ 1,531,528.67	35.80%	

Total Expenses	
$	
619,095.64	
$	
975,691.31	
$	
(356,595.67)	
$ 1,672,613.67	
37.01%	

Income (Loss) from Operations	
$	
520,115.06	
$	
(58.33)	
$	
520,173.39	
$	(100.00)		
Other Income (Expense)									
Interest Income	$	64.28	$	58.33	$	5.95	$	100.00	64.28%	
Total Other Income (Expense)	$	64.28	$	58.33	$	5.95	$	100.00	64.28%	
Net Income (Loss)	$	520,179.34	$	-	$	520,179.34	$	-		

Boggy Creek Improvement District Cash Flow

FY 2021 Inflows	FY 2021 Outflows	FY 2022 Inflows	FY 2022 Outflows	End. Cash	

18,333.46	
(71,709.28)	
3.95	
(56,830.27)	
205,736.94	
1,140.87	(3,383.50)	2.73	(12,698.11)	190,798.93	
551.00	(6,393.24)	82,682.61	(209,929.15)	57,710.15	
‐	‐	47,955.61	(26,914.66)	78,751.10	
‐	‐	99,844.44	(134,054.05)	44,541.49	
‐	‐	727,424.54	(101,795.26)	670,170.77	
‐	‐	144,179.06	(98,971.97)	715,377.86	
‐	‐	6,888.15	(63,497.71)	658,768.30 as of 05/12/2022	

Beg. Cash

10/1/2021	315,939.08	
11/1/2021	205,736.94	
12/1/2021	190,798.93	
1/1/2022	57,710.15	
2/1/2022	78,751.10	
3/1/2022	44,541.49	
4/1/2022	670,170.77	
5/1/2022	715,377.86	

Totals		1,952,714.00	(1,798,380.81)	1,108,981.09	(722,696.86)

Boggy Creek Improvement District Construction Tracking - mid-May

Amount

Series 2018 Bond Issue
Original Construction Fund - Not To Exceed	$	25,000,000.00
Additions (Interest, Transfers from DSR, etc.)		166,340.81 Cumulative Draws Through Prior Month	(11,669,240.56)
==========
Construction Funds Available	$	13,497,100.25

Requisitions This Month
Requisition 2018-240: Atkins	$	(1,859.92)
==========
Total Requisitions This Month	$	(1,859.92)
==========
Construction Funds Remaining	$	13,495,240.33

Committed Funding
Lake Nona Medical City Drive Phase 2 – Developer-owned as of 03/20	-
==========

Total Committed Funding	$	-
==========	
Net Uncommitted		13,495,240.33