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, August 16, 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 July 19, 2022, Board of Supervisors’ Meeting
Consideration of Resolution 2022-08, Approving an Annual Meeting Schedule for Fiscal Year 2023

Business Matters
Consideration of Traffic Engineering Services for Power Center Roundabouts with Kittleson
Consideration of OUC Agreement for Medical City Drive Phase 2
Consideration of License Agreement for Fountain Maintenance
Public Hearing on the Adoption of the District’s Annual Budget
Public Comments and Testimony
Board Comments
Consideration of Resolution 2022-09, Adopting the Fiscal Year 2023 Budget and Appropriating Funds
Consideration of Resolution 2022-10, Adopting an Assessment Roll for Fiscal Year 2023 and Certifying Special Assessments for Collection
Ratification of Operation and Maintenance Expenditures Paid in July 2022 in amount totaling
$44,795.98
Ratification of Requisition Nos. 2018-248 – 2018-255 in July 2022 in an amount totaling
$1,453,664.96
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 July 19, 2022, Board of Supervisors’ Meeting

BOGGY CREEK IMPROVEMENT DISTRICT BOARD OF SUPERVISORS’ MEETING MINUTES

FIRST ORDER OF BUSINESS	Roll Call to Confirm Quorum

The Board of Supervisors’ Meeting for the Boggy Creek Improvement District was called to order on Tuesday, July 19, 2022, at 3:00 p.m. at the Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd, Orlando,
FL 32827.			
Present:			
Damon Ventura	Vice Chairperson		
Thad Czapka	Assistant Secretary		
Chad Tinetti	Assistant Secretary		
Also attending:			
Jennifer Walden	PFM		
Lynne Mullins	PFM		
Amanda Lane	PFM	(via phone)	
Jorge Jimenez	PFM	(via phone)	
Tucker Mackie	Kutak Rock		
Ryan Dugan	Kutak Rock		
Jeffrey Newton	Donald W. McIntosh Associates, Inc.		
Larry Kaufmann	Construction Supervisor	(via phone)	
Matt McDermott	Construction Committee Member		
Aaron Wilbanks	Berman		
Chris Dennison	Cepra		
Matt McCollum	Cepra		

SECOND ORDER OF BUSINESS	Public Comment Period

Ms. Walden called for public comments. There were no public comments.

THIRD ORDER OF BUSINESS	Consideration of the Minutes of the May 9, 2022, RFP Meeting to Open Responses for Landscaping and Irrigation Maintenance Services

The Board reviewed the minutes of the May 9, 2022, RFP Meeting.

On motion by Mr. Ventura, seconded by Mr. Tinetti, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Minutes of the May 9, 2022, RFP Meeting to Open Responses for Landscaping and Irrigation Maintenance Services.

FOURTH ORDER OF BUSINESS	Consideration of the Minutes of the June 21, 2022, Board of Supervisors’ Meeting

The Board reviewed the Minutes of the June 21, 2022, Board of Supervisors’ Meeting.

On motion by Mr. Tinetti, seconded by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Minutes of the June 21, 2022, Board of Supervisors’ Meeting.

FIFTH ORDER OF BUSINESS	Consideration of Award of Landscape and Irrigation Maintenance Services – Lake Nona Boulevard South and Roadways
a) Construction	Committee Recommendation

Ms. Mackie reviewed the process by which proposals are submitted, considered, and ranked. She pointed out the maps that portray the two sections of the District for which the proposals were requested and that the Board could award each section separately or collectively. She noted that the Construction Committee ranked Cepra Landscape as the highest responsive bidder for Lake Nona Boulevard South and Roadways (Sections 1 and 2) and as such it would make sense to award them both sections collectively.

On motion by Mr. Ventura, seconded by Mr. Tinetti, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District accepted the recommendation of the Construction Committee to award Landscape and Irrigation Maintenance Services for Lake Nona Boulevard South and Roadways (Sections 1 and 2) to Cepra Landscape.

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

Mr. Newton requested that this item be tabled.

SEVENTH ORDER OF BUSINESS	Consideration of First Amendment to the Geophysical Services Agreement with Central Florida Locating, Inc.

Mr. Newton explained that the District currently has an agreement with Central Florida Locating, Inc. to locate underground utilities associated with the Lift Station 9 Force Main. As a result of the Power Center going in along Lake Nona Blvd., there will either be roundabouts or significant intersection improvements along Lake Nona Blvd. The Developer has requested the expansion of Donald W. McIntosh Associates’ survey work and Central Florida Locating’s work to encompass the entire width of Lake Nona Blvd. This information will be needed for future design regardless of whether there are roundabouts or intersections built. The current agreement with Central Florida Locating is $33,120.00, and the change order is for
$19,000.00.

On motion by Mr. Ventura, seconded by Mr. Tinetti, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District, approved the First Amendment to the Geophysical Services Agreement with Central Florida Locating, Inc.

EIGHTH ORDER OF BUSINESS	Consideration of OUC Agreement for Medical City Drive Phase 2

Mr. Kaufmann requested that this item be tabled.

NINTH ORDER OF BUSINESS	Ratification of Operation and Maintenance Expenditures Paid in June 2022  in  an amount totaling
$83,537.35

Ms. Walden noted that these expenditures have been approved and paid and need to be ratified by the Board.

On motion by Mr. Ventura, seconded by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Operation and Maintenance Expenditures Paid in June 2022 in an amount totaling $83,537.35.

TENTH ORDER OF BUSINESS	Ratification of Requisition Nos. 2018- 244 – 2018-247 Paid in June 2022 in an amount totaling $16,739.00

Ms. Walden noted that these requisitions have been approved and paid and need to be ratified by the Board.

On motion by Mr. Ventura, seconded by Mr. Tinetti, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified Requisition Nos. 2018-244 – 2018-247 Paid in June 2022 in an amount totaling $16,739.00.

ELEVENTH ORDER OF BUSINESS	Recommendation	of	Work Authorizations/Proposed Services

Mr. Kaufmann noted that there is a proposal from Donald W. McIntosh Associates in the amount of
$48,770.00 that supports the design of future improvements to Lake Nona Blvd. in front of the Lake Nona West Power Center. Mr. Tinetti asked if the topographic information could be pulled from existing as-builts. Mr. Kaufmann responded that since that work was done around five years ago, it might be dangerous to use it. Mr. Newton added that it is probably closer to ten years.

On motion by Mr. Ventura, seconded by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Work Authorization for Lake Nona Blvd. West Redesign at the Power Center from Donald W. McIntosh Associates, Inc. in the amount of $48,770.00.

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

The Board reviewed the District’s Financial Statements through June 30, 2022. Ms. Walden noted that the District has expenses of $782,500.00 vs. a budget of $1,672,000.00 which is approximately 47% of the budget.

The Board discussed the date of the upcoming budget public hearing and who would be in attendance for a quorum.

THIRTEENTH ORDER OF BUSINESS	Staff Reports

District Counsel –	No report.

District Manager –	No report.

District Engineer –	Mr. Newton shared that the traffic signal on Veteran’s Way has not been
put out to bid. The last update he received from the signal designer showed it at 90% submittal, and they are trying to get it to 100% prior to bidding it. The VA is being updated and was sent an exhibit showing where easements are needed from them in order to build and maintain the signal.

Landscape Supervisor –	No report. Irrigation Supervisor –	No report. Construction Supervisor –    No report.

FOURTEENTH ORDER OF BUSINESS	Supervisor Requests

Mr. Newton asked if the Board should be updated on the light levels on Lake Nona Blvd. Mr. McDermott noted that the trees were trimmed on Saturday, and he, along with James, is planning on going to measure light levels and take pictures to report back to the Board. He confirmed that the bulbs have been replaced by OUC, and if needed, they may need longer arms, or the lights may need to be tilted. Mr. Kaufmann requested that the Board authorize the Chair to approve Mr. McDermott’s recommendations regarding the lights.

On motion by Mr. Ventura, seconded by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District authorized the Chair to work with District staff on the proposed recommendation regarding the lights on Lake Nona Blvd. following site observations.

FIFTEENTH ORDER OF BUSINESS	Adjournment

Ms. Walden requested a motion to adjourn.

On motion by Mr. Ventura, seconded by Mr. Czapka, with all in favor, the July 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

Resolution 2022-08,
Approving an Annual Meeting Schedule for Fiscal Year 2023

RESOLUTION 2022-08

A RESOLUTION OF THE BOGGY CREEK IMRPOVEMENT DISTRICT DESIGNATING DATES, TIMES AND LOCATIONS FOR REGULAR MEETINGS OF THE BOARD OF SUPERVISORS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE.

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

WHEREAS, the Board of Supervisors of the District (“Board”) is statutorily authorized to exercise the powers granted to the District; and

WHEREAS, all meetings of the Board shall be open to the public and governed by the provisions of Chapter 286, Florida Statutes; and

WHEREAS, the Board is statutorily required to file annually, with the local governing authority and the Florida Department of Economic Opportunity, a schedule of its regular meetings.

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

Regular meetings of the District’s Board shall be held as provided on the schedule attached hereto as Exhibit A.

In accordance with Section 189.015(1), Florida Statutes, the District’s Secretary is hereby directed to file annually with Orange County a schedule of the District’s regular meetings.

This Resolution shall take effect immediately upon adoption.

Adopted this 16th day of August, 2022.

ATTEST:	Boggy Creek Improvement District

Secretary/Assistant Secretary	Chairman/ Vice Chairman

EXHIBIT A

Boggy Creek Improvement District Fiscal Year 2022-2023

The Board of Supervisors of the Boggy Creek Improvement District will hold its meetings for the Fiscal Year 2023 at the Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, Florida 32827 at 3:00 p.m. on the third Tuesday of each month unless otherwise noted below.

October 18, 2022
November 15, 2022
December 13, 2022
January 17, 2023
February 21, 2023
March 21, 2023
April 18, 2023
May 16, 2023
June 20, 2023
July 18, 2023
August 15, 2023
September 19, 2023

Construction Committee of the Boggy Creek, Greeneway, Midtown & Myrtle Creek Improvement Districts and the Poitras East Community Development District
Fiscal Year 2022-2023

The Construction Committee of the Boggy Creek, Greeneway, Midtown and Myrtle Creek Improvement Districts and the Poitras East Community Development District will be meeting for the Fiscal Year 2023 in the office of Donald W. McIntosh Associates, Inc., 2200 Park Avenue North, Winter Park, FL 32789 at 3:30 p.m. every other week as follows:

October 6 & 20, 2022
November 3 & 17, 2022
December 1, 15 & 29, 2022
January 12 & 26, 2023
February 9 & 23, 2023
March 9 & 23, 2023
April 6 & 20, 2023
May 4 & 18, 2023
June 1, 15 & 29, 2023
July 13 & 27, 2023
August 10 & 24, 2023
September 7 & 21, 2023

BOGGY CREEK IMPROVEMENT DISTRICT

Traffic Engineering Services Agreement for Power Center Roundabouts with Kittelson

AGREEMENT FOR TRAFFIC ENGINEERING SERVICES
(POWER CENTER ROUNDABOUTS)

THIS AGREEMENT (“Agreement”) is made and entered into this   
	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

day of

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

OUC Agreement for Medical City Drive Phase 2

---THE SPACE ABOVE THIS LINE IS FOR RECORDING INFORMATION---

ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING SERVICE For MEDICAL CITY DRIVE

THIS ASSIGNMENT OF SERVICE AGREEMENT F O R L I G H T I N G
S E R V I C E ("Assignment") is made and entered into as of the 	 day of
	, 20	 ("Transfer Date"), by LAKE NONA LAND COMPANY, LLC,
(the "Assignor") whose address is 6900 Tavistock Lakes Blvd Suite 200, Orlando, FL 32827 and BOGGY CREEK IMPROVEMENT DISTRICT, (the "Assignee") whose address is 3550 Buschwood park dc 135 Tampa, FL 33618, for services address
0 Medical City Drive, Orlando, FL, (“Service Address”).

W I T N E S SE T H:

Assignor and Orlando Utilities Commission, a municipal utility chartered under the laws of the State of Florida ("OUC"), entered into that certain Service Agreement for Lighting Service dated July 10th, 2019 (“Agreement”) for the Service Address.

Agreement was recorded in the Public Records of Orange County and was assigned public records document number 20190441895.

Assignor has provided to Assignee a copy of the Agreement (and any applicable amendments to same).

Assignor desires to assign its interests, rights, duties and obligations in and to the Agreement as of the Transfer Date, and Assignee desires to accept the assignment of Assignor's interests, rights, duties and obligations in and to the Agreement as of the Transfer Date.

NOW, THEREFORE , FOR GOOD AND VALUABLE CONSIDERATION, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

As of the Transfer Date, Assignor hereby assigns and transfers unto Assignee all of its right, title, claim, interests, duties and obligations, if any, in, to and under the Agreement.
As of the Transfer Date, Assignee hereby assumes the foregoing assignment of the Agreement and agrees to assume and perform all duties and obligations under the Agreement.

In the event of any litigation between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein , the losing party shall pay the prevailing party's costs and expenses of such litigation, including, without limitation, reasonable attorneys ' fees and expenses. In addition to the foregoing award of attorney's fees to the prevailing party, the prevailing party in any lawsuit arising out of or concerning this Assignment shall be entitled to its reasonable attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Assignment into anyjudgment on this Assignment.
This Assignment shall be binding on and inure to the benefit of the parties herein, their successors and assigns.
This Assignment shall be governed by and construed in accordance with the laws of the State of Florida.

This Assignment may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Assignment.
Assignor and Assignee agree to cooperate with each other in regard to notifying governmental agencies and executing any additional documentation requested by said governmental agencies to register and establish the rights and obligations of the Assignee or its designee(s).

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGES TO FOLLOW.]

THIS ASSIGNMENT has been executed the day and year set forth above for MEDICAL CITY DRIVE.

Signed, sealed and delivered in the
presence of:	“ASSIGNOR”

LAKE NONA LAND COMPANY, LLC a
Witness	Florida a Limited Liability Company

Print Name

By:	 Name:	

Witness	Title:	

Print Name

STATE OF	 COUNTY OF 	

Date:	

The	foregoing	instrument	was	acknowledged	before	me	this			day	of
	, 20   by 	 as
	 of LAKE NONA LAND COMPANY, LLC. He/She who is personally known to me or who has produced 	 as identification and who did take an oath.

NOTARY PUBLIC SIGNATURE
Printed Name of Notary	
(SEAL)	My Commission expires: 	

THIS ASSIGNMENT has been executed the day and year set forth above for MEDICAL CITY DRIVE.

Signed, sealed and delivered in the
presence of:	“ASSIGNEE”

BOGGY CREEK IMPROVEMENT DISTRICT

Witness	a local unit of special purpose government.

Print Name

By:	 Name:	

Witness	Title:	

Print Name

STATE OF	 COUNTY OF 	

Date:	

The	foregoing	instrument	was	acknowledged	before	me	this			day	of
	, 20   by 	 as
	 of BOGGY CREEK IMPROVEMENT DISTRICT.  He/She who is
personally known to me or who has produced 	 as identification and who did take an oath.

NOTARY PUBLIC SIGNATURE
Printed Name of Notary	
(SEAL)	My Commission expires: 	

THIS ASSIGNMENT has been executed the day and year set forth above for MEDICAL CITY DRIVE.

The undersigned hereby joins and consents to the foregoing assignment from Assignor to Assignee and the recording of this Assignment in the Public Records of Orange County Florida.

Signed, sealed and delivered in the
presence of:	“OUC”
Orlando Utilities Commission, a statutory Commission under the laws of the State of
Witness	Florida

Print Name

By:	 Name:	

Witness	Title:	

Print Name

Date:	

Approved as to form and legality by OUC Legal Dept. Date:	By:

STATE OF	 COUNTY OF 	
The foregoing instrument was acknowledged before me this by means of (  ) physical presence or
( ) online notarization on this    day of 	, 20  by CLINT BULLOCK, as General Manager, CEO of ORLANDO UTILITIES COMMISSION, a Florida statutory commission, on  behalf  of  said  Commission.   He  is  personally  known  to  me  or  has  produced
	 as identification.

NOTARY PUBLIC SIGNATURE
Printed Name of Notary	
(SEAL)	My Commission expires: 	

NOTES:

•••

INSTALL (3) 40' CONCRETE POLES [00125545] EACH WITH
(2) 111W LED COBRAHEADS FIXTURES [036-23116] ON (2)
8' BLACK ARMS [03624026]

INSTALL 2-#8 WIRE IN EXISTING 2" PVC CONDUIT EXISTING SECONDARY JUNCTION BOX
EXISTING STREETLIGHT JUNCTION BOX

EXISTING DIRECT BURIED LIGHT POLE AND FIXTURE PAD MOUNTED TRANSFORMER

ouc

 WORK ORDER#	641170	 JOB NAME:

OUConvenient Lighting

MEDICAL CITY DR
LOCATION:

	JOB TYPE:	LCONTRACT	
GLOBEOPTICSCU:	SEE LEGEND	ENGINEER:	RIC DY-LIACCO	
FIXTURESTYLE:	LED COBRA	SCALE:	1" = 60'	
CONTROLLER:	y	DATE:	08-25-19	
CUCODE:	SEE LEGEND	GROUP#:	X	

LAUREATE BLVD

O.U.C.
Lighting 6003 Pershing Ave.
Orlando, FL 32822
(407) 737-4234

JURISDICTION:	 CITY OF ORLANDO COVERAGE:	CONTRACT BRACKETCU:	 SEE LEGEND

DATE REV.  BY	REVISION
00-00-00	X	0
X	PAGE:	OF 1

.• '

ouc■
The Reliable Oner-

LIGHTING INSTALLATION, UPGRADE AND SERVICE AGREEMENT
MEDICAL CITY DRIVE

THIS LIGHTING INSTALLATION,J!PGRADE AND SERVICE AGREEMENT
("Agreement") is made effective as of this 10 -day of	LL\	, 201'1, by and
between the ORLANDO UTILITIES COMMISSION, a statutory ommission organized and existing under the laws of the State of Florida, whose address is JOO West Anderson St., Orlando, Florida 32801 ("OUC"), and LAKE NONA LAND COMPANY, LLC. whose address is 6900 Tavistock Lakes Blvd., Suite 200, Orlando, FL 32827 or its assigns (the "Customer").

RECITALS

The Customer is an individual, business entity, association or governmental entity with the authority to enter into binding agreements for services on certain property which is located in central Florida and more specifically defined in Schedule l attached hereto and incorporated herein by this reference (the "Property").

The Customer desires to enter into this Agreement with OUC for the purpose of sharing with OUC and the City of Orlando (the "City") certain costs associated with lighting service for portions of the Property that have been or will be dedicated pubic roadways (the "Dedicated Roadways") and to be provided by OUC on behalf of the City by means of non­ standard, upgraded lighting facilities.

Theparties desire to enter into this Agreement so that costs to OUC associated with providing lighting services within Dedicated Roadways by means of upgraded lighting facilities can be allocated to the Customer over the term of the Agreement.
NOW THEREFORE, in consideration of the sums to be paid by the Customer to OUC, the mutual covenants and benefits contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both the Customer and OUC, the Customer and OUC agree as follows:

RECITALS.

The above Recitals are true and correct, and fonn a material part of this Agreement.

OUC DUTIES.

OUC shall provide lighting for Dedicated Roadways within the Property as more specifically indicated in this Agreement. In order to provide such service, OUC shall do the following:

1.l.l. Totheextent not specified in this Agreement as Customer's responsibility. OUC shall provide and install standard lighting facilities, or, where agreed by Customer herein to share the increased procurement and operating costs, lighting facilities which are of a higher quality and better appearance than the type of public lighting facilities approved for funding by the City and installed by OUC (the ·'Upgraded Lighting Facilities"), all in accordance with this Agreement, the Initial Lighting Plan (as defined below in Subsection 2.3) and OUC specifications. Such installation by OUC shall include: poles. wires, fixtures and other associated parts and materials: all necessary wiring within conduits installed by Customer or its agents; and. the interconnection of such lighting facilities to electrical service required to provide lighting output for Dedicated Roadways within the Property. All such facilities, poles, wires, fixtures, associated parts and Upgraded Lighting Facilities (where agreed) shall be referred to together as the ''Lighting Facilities...

OUC shall maintain and operate the Lighting Facilities within Dedicated Roadways (the '·Maintenance Service..) at no cost to Customer except for the Upgrade Costs (as defined in Section 3); and

OUC shall. to the extent permissible under applicable laws and regulations. provide electric service as necessary to operate the Lighting Facilities (the ·'Electrical Service'') in accordance with OUCs published electric service tariffs.

The procurement and installation by OUC of the lighting Facilities, the ongoing Maintenance Service and the Electrical Service are necessary to allow OUC to provide the lighting required by Customer within the Dedicated Roadways and shall all be provided by OUC as elements of a single service to Customer and shall be collectively referred to herein as the "Lighting Service''.

The Customer and OUC hereby acknowledge that the Property may be platted and developed in more than one phase (each referenced individually as a ''Phase" and collectively as the "Phases"). The Lighting Facilities to be initially provided and installed by OUC under this Agreement are to allow OUC to provide Lighting Service for Dedicated Roadways within the Phase covered by this Agreement (the "Current Phase"). Lighting Facilities for the Current Phase shalI be located and installed as more particularly depicted in the lighting construction plans set forth in Schedule 2 attached hereto and incorporated herein by this reference (the''Lighting Plan'}

A condition precedent to OUC's obligation to provide the Lighting Service under this Agreement with respect to the Current Phase is that all of the following shaJI have occurred (i) Customer must complete installation of Customer Lighting Facilities in compliance with the applicable Lighting Plan and OUC's required specification concerning the integrity and location of the Customer Lighting Facilities: and (ii) Customer must convey to OUC. or arrange for the

conveyance by the party with authority to do so, any easements or right-of-way (which are not otherwise included in the dedicated public roadway property) necessary to allow OUC to install, operate and maintain the Lighting Facilities (the "Service Conditions").
CUSTOMER DUTIES.

The Customer shall, at its sole cost and expense, provide and install the conduits and junction boxes which may be required for the provision of the Lighting Service (collectively, the "Customer Lighting Facilities"), in such locations as more particularly set forth in the Lighting Plan for the Current Phase. For purposes of the ongoing duties and rights of the parties during the Term of this Agreement, after the initial installation of Customer Lighting Facilities by Customer for the Current Phase and acceptance by OUC, the Customer Lighting Facilities shall be treated as if included within the definition of Lighting Facilities for the Current Phase.

The Customer shall grant OUC, or shall cause the granting of, all easements or provide for right-of-way dedications (not otherwise included in the Dedicated Roadway property) which are necessary to allow OUC to provide the Lighting Service. The Customer shall ensure that OUC has unobstructed access to the Lighting Facilities that are not located within Dedicated Roadways, including, without limitation, trimming trees that may either obstruct the light output from the Lighting Facilities or that may obstruct or otherwise prevent OUC from providing the Lighting Service. OUC will use reasonable efforts to notify Customer of any obstructions that are preventing maintenance or operation of the Lighting Facilities, but OUC shall not have the right nor the obligation to trim any trees or otherwise remove any objects located outside of the Dedicated Roadways and which are obstructing the light output from the Lighting Facilities or obstructing or otherwise preventing OUC from providing the Lighting Service as contemplated in this Agreement. The Customer and OUC hereby acknowledge that the Lighting Facilities which shall be installed by OUC in accordance with the Lighting Plan and shall be located either {a) in Dedicated Roadways, which have been dedicated to the public pursuant to a plat, or (b) to the extent necessary, in easements granted in favor of OUC lying in areas adjacent to the roadways and streets which are granted pursuant to a separate instrument for the Current Phase.
The specifications for the Upgraded Lighting Facilities are more particularly described on Schedule 2 attached hereto and incorporated herein by this reference. The Customer shall pay to OUC the Upgrade Costs associated with the Current Phase in the amount set forth in Schedule 3 in accordance with Section 4 below. The parties agree that the Upgrade Costs as set forth in Schedule 3 is comprised of the following costs associated with providing Lighting Service by means of Upgraded Lighting Facilities, during the Tenn:

The amount by which the cost of the procurement and installation by OUC of the Upgraded Lighting Facilities within the Current Phase exceeds the cost of the procurement and installation by OUC of the customary style and grade of Lighting Facilities which would have otherwise been installed by OUC at the sole cost and expense of the City, absent the Customer's upgrade request (the "Facilities Upgrade Cost").
The amount by which thecostof the Maintenance Service for the Upgraded Lighting Facilities within the Current Phase exceeds the cost of the Maintenance Service for the

customary Lighting Facilities which would have otherwise been installed by OUC, absent the Customer's upgrade request (the"Maintenance Upgrade Cost").

The amount by which the cost of the Electrical Service for the Upgraded Lighting Facilities within the Current Phase exceeds the cost of the Electrical Service for the customary style and grade of Lighting Facilities which would have otherwise been installed by OUC, absent the Customer's upgrade request (the "Electrical Upgrade Cosf').

During the Tenn of this Agreement, the Customer shall promptly notify OUC of any Lighting Facilities in need of service by calling (407) 737-4222.
The Facility Upgrade Cost, Maintenance Upgrade Cost and Electrical Upgrade Cost (together, referred to in total as the "Upgrade Costs").

TERMS OF PAYMENT.

1. Customer shall make payment of the Upgrade Costs in accordance with the Schedule 3 to this Agreement. If the Customer fails to pay any installment(s) of the Upgrade Costs by the due date of such payment or otherwise makes payment in a manner inconsistent with the OUC's Administrative Policy Manual, as amended from time to time (the "Manual"), OUC shall provide the Customer with written notice of such failure, whereupon the Customer shall have ten (I 0) days within which to remedy such failure by making the required payment. In the event the Customer fails to make any payment within said ten-day period, OUC may suspend the provision of Electrical Service to the Current Phase until such time as the Upgrade Costs have been paid. If Customer's failure to pay continues for a period of ninety (90) days after the expiration of the ten-day grace period, then OUC may resort to any available remedy at law or equity, including the partial termination of this Agreement.

OUC shal1 be entitled to make an annual adjustment to the Maintenance Upgrade Cost of up to three (3%) percent per year. Fuel and energy charges shall be based on the then applicable OUC tariff rates filed with the Florida Public Service Commission, as may be amended from time to time. Any such adjustments made by OUC as contemplated under this subparagraph
4.2 shall be made by written notice to Customer setting forth thenew rates and associated revisions to the applicable Upgrade Costs (the "Increase Notice"). The Increase Notice must be received by the Customer thirty (30) days prior to the effective date of said annual adjustment.
The parties agree that the Customer shall be responsible for the payment of any sales, use, excise and other taxes (to the extent that OUC would otherwise be liable for same) that may apply to, or be imposed upon, the Facilities Upgrade Cost, the Maintenance Upgrade Cost or the Electrical Upgrade Cost or all of them. Furthermore, the parties agree that Facilities Upgrade Cost to be paid by the Customer to OUC pursuant to the terms of this Agreement is exclusive of all sales, use, excise, gross receipts or similar taxes or impositions, now due or as may be hereinafter assessed. Customer recognizes and agrees that it is ultimately responsible for the payment of all sales, use, excise, gross receipts and other taxes that may apply to, or be imposed upon, the transaction that is the subject of this Agreement, if any, irrespective of when such taxes may be charged or assessed against OUC. Any non-collection or non-assessmentof such taxes by OUC contemporaneously with the occurrence of the transaction shall not waive, release or

diminish Customer's ultimate responsibility for the payment thereof, irrespective of whether such taxes are later charged or assessed by applicable taxing authority(ies). Notwithstanding anything herein to the contrary, the Customer shall be entitled to any tax exemptions to which it may be entitled to from time to time as provided under the Florida law.
MUTUAL AGREEMENTS.
5. l.  OUC, while exercising reasonable diligence at all times to furnish the Lighting Service hereunder, does not guarantee continuous Lighting Service and will not be liable for damages for any interruption, deficiency or failure of said Lighting Service, and reserves the right to reasonably interrupt said Lighting Service for necessary repairs to the Lighting Facilities, and to OUC lines and equipment. Notwithstanding any other provision of this Agreement, in no event sha11 OUC have any liability to Customer under this Agreement, whether based in contract, in tort (including negligence and strict liability) or otherwise, for: (a) any special, incidental, indirect, exemplary or consequential damages; (b) damages with respect to costs of capital, costs of replacement power, loss of profits or revenues, or loss of use of plant or equipment, irrespective of whether such damages may be categorized as direct, special, consequential, incidental, indirect, exemplary or otherwise.

This Agreement may only be amended in writing, and such amendment must be executed with the same degree of formality as this Agreement.

OUC shall, at the request of the Customer, relocate the Lighting Facilities if provided sufficient rights-of-way or easements to do so. The Customer shall be responsible for payment of all reasonable costs and expenses associated with any relocation of the Lighting Facilities requested by the Customer.

OUC may at any time substitute bulbs in any lumioaire/lamp installed hereunder, each such substitute bulb to be the same color and to have at least equal illuminating capacity and energy efficiency as the bulb replaced thereby.

OUC shall be responsible to repair or replace and assumes all risk of loss for any damage to any Lighting Facilities; provided, however, that notwithstanding the foregoing, the Customer hereby assumes all responsibility and shall indenutify OUC for tJ1e costs necessary to repair or replace any Lighting Facilities (i) that have been damaged due to the willful misconduct or negligence of an employee, agent, licensee or contractor of the Customer, and (ii) damaged for any reason by the Customer's employees, agents, licensees or contractors during the time period when active construction by Customer is ongoing. Upon completion of such construction activities by the Customer, risk of loss shall shift back to OUC except as set out in 5.5(i) above. In theevent Customer is responsible for any required repair or replacement as described in the preceding sentence for which Customer has failed to cause such repair and replacement within fifteen (15) days after receipt of written notice of such damage from OUC, then OUC shall have the right to cause such repair and/or replacement whereupon Customer shall reimburse OUC for the actual, reasonable expenses incurred thereby within thirty (30) daysof receipt ofan invoice therefor. Title to the Lighting Facilities, shall remain with OUC at all times. Customer shall not possess or have any direction or control over the physical operation of the Lighting Equipment and the possession of the Lighting Equipment and the direction and control of the physical operation of Lighting

Equipment shall be vested exclusively with OUC; however, OUC shall not, unless required by applicable laws, regulations or ordinances, pennit third parties to install or affix, any telecommunications-related devices, antenna or related equipment on or to the Lighting Facilities for the first ten (10) years of the initial Tenn as to the Current Phase, unless used for, and limited to, the internal communications of OUC associated with OUC's operations or that of the City of Orlando. Notwithstandinganything herein to the contrary, OUC shall be entitled to any sovereign immunity defenses to which it may be entitled, and OUC does not in any way expand or waive limitations of liability afforded to OUC by virtue of its sovereign immunity.

Customer's obligations under this Agreement may not be assigned to a third party except with the written consent ofOUC. No such permitted assignment shall relieve the Customer of its obligations hereunder until such obligations have been assumed by written agreement reasonably acceptable to OUC by any such permitted assignee and (if required by OUC) appropriate security for the payment obligations of the Customer under this Agreement has been provided by such entity.

This Agreement shall be governed and construed under the internal laws of the State of Florida. This Agreement supersedes all previous agreements or representations, either written, oral or otherwise between the Customer and OUC with respect to the Lighting Service, and constitutes the entire agreement between the parties relative to the provision by OUC of the Lighting Service. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by OUC to third parties.

The Electrical Service provided by OUC to the Customer in accordance herewith shall be subject to theprocedures and policies described in the Manual. The Manual is on file with OUC. Copiesof the Manual may be obtained by the Customer upon written request to OUC. Such policies and procedures shall be applied with respect to Electrical Service to the Property by OUC with the same interpretation, force and effect as applied to other customers of OUC from time to time subject to the Manual.

Theparties hereby agree that OUC shall retain title to the Lighting Facilities during the Tenn and after this Agreement tenninates. Upon anydefault by the Customer hereunder, other than as provided in Section 4.1 above, which shall remain uncured sixty (60) days after receipt by the Customer of OUC's written notice to the Customer of the same, OUC shall have the right to remove the Lighting Facilities in the Current Phase so long as such Lighting Facilities are simultaneously replaced with the City's standard lighting facilities (within Dedicated Roadways). In the event OUC elects to pursue its remedies as described in the preceding sentence, OUC shall be entitled to take possession of any or all items of the Lighting Facilities in the Current Phase and the Customer shall be responsible for the cost of removing such Lighting Facilities, with such work to be done by OUC and billed to the Customer; provided, further, that to the extent other services are being provided by OUC to Customer and arebilled along with Lighting Services on a combined service bill, then thepayment shortfall may cause such other services to be terminated or suspended as well in accordance with OUC's Administrative Policy Manual.

The Customer shall keep the Lighting Facilities free and clear of all levies, liens, and encumbrances imposed by or through the Customer. The Customer shall not lease, sublease, mortgage, or otherwise encumber, remove, or suffer to be removed any of the Lighting Facilities

and shall not, without OUC's permission, permit any party other than OUC to operate or maintain the Lighting Facilities.

This Agreement shall inure to the benefit of, and be binding upon the successors and permitted assigns of the Customer and OUC.

The "Effective Date" of this Agreement shall be the date on which the last of Customer and OUC have executed this Agreement. This Agreement shall have an initial term of twenty (20) years (the "Initial Term"). The Term for the Current Phase shalJ begin on the date which is the earlier of (a) the date on which Customer elects to have OUC energize earlier Lighting Equipment installed prior to completion of installation of the final Lighting Facilities for the Current Phase, or (b) the date on which the final Lighting Equipment for the Current Phase is energized (the "Commencement Date"). The Term for the Current Phase shall end twenty (20) years after the Commencement Date. At Customer's election, upon written notice to OUC prior to theexpiration of the Initial Tenn, mayberenewed up to two (2) times for a period not to exceed five(5) yearsfor each renewal period ("Subsequent Terms"). For purposes hereof, the Initial Tenn and each Subsequent Tenn, ifany, shall be referred herein collectiveJy as the "Term". During any Subsequent Term, Customer shall only be required to pay for the Maintenance Upgrade Cost for the Lighting Fadlities. OUC agrees that after the Initial Tenn and any renewal period exercised by Customer, Customer may let the then current term expire in which case OUC may install standard street lighting and Customer shall not be required to pay for the cost of the Electrical Service (including fuel and energy charges) associated with the Lighting Facilities remaining within Dedicated Roadways at the end of the Initial Term or expiration of the Subsequent Term, whichever is applicable. If Customer chooses not to extend the use of the Upgraded Lighting Facilities, the Customer shall be responsible for the cost of removing the Upgraded Lighting Facilities, with such work to be done by OUC and billed to the Customer.

Prior to the installation of full compliment of Lighting Equipment for the Current Phase, the Customer may request in writing to OUC that those Lighting Facilities then installed be energized for operation as completed by OUC rather than waiting for the full compliment of Lighting Equipment to be energized.	In such case, if OUC agrees that operating those Lighting Facilitjes does not create a safety issue or impede instal]ation of the remaining Lighting Facilities, then OUC will energize Lighting Facilities as they are completed. OUC shall begin invoicing for Lighting Services as provided under this Agreement based on the Commencement Date. Such billing shall be based on an adjusted Upgrade Cost for each billing period, with such adjusted Upgrade Cost calculated based the proportion of Lighting Facilities in service during that billing period to the total number of Lighting Facilities on which the Upgrade Cost has been calculated by OUC for that Phase ("Proportional Upgrade Cost").

The Customer shall have the right, from time to time as the Customer shall deem appropriate, to hang banners, signs, flags and holiday decorations (collectively the "Banners") from banner arms to be attached by the Customer to the Lighting Facilities; provided, however, that same shall comply in all respects with applicable laws and regulations. Said banner arms shall
be of the type and size consistent with the wind loading capabilities of the Lighting Facilities and shall be pre-approved by OUC (the "Banner Arms"). The Customer shall be responsible for acquiring, installing and maintaining all the Banner Arms. The Customer shall be responsible to repair or replace (and assumes all risk of Joss) for any damage to any Banner Anns.

Notwithstandinganything herein to the contrary, in the event the Lighting Facilities are damaged by the Banners or the Banner Arms the Customer shall be liable to OUC for said damage. OUC shall not be liable for any permits, fees or liabilities (of whatever kind or nature) related to the Banner Arms or the Banners placed thereon, including but not limited to the content of Banners. Notwithstanding anything herein to the contrary, the parties agree that OUC shall not be liable for any claim, demand, liability, judgment, action or right of action, of whatever kind or nature, either in law or equity, arising from or by reason of any type of liability including but not limited to contractual liability, bodily injury or personal injuries, death, or occurrence due to placement of the Banners and/or the Banner Arms on the Lighting Facilities. Customer shall to the maximum extent permitted by law defend, indemnify, and hold harmless OUC, its officers, directors, and employees from and against all claims, damages, losses, and expenses, (including but not limited to fees and charges of attorneys or other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from disease or death of third parties (including OUC employees and agents), or damage to property caused by placement of Banners and the Banner Arms by the Customer on the Lighting Facilities.

[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

NOW, THEREFORE the parties enter into this Agreement as or the dates of execution indicated below.

Signed. sealed and delivered

 -ce-of_:	

Name:

Robyn L. Noren

Title:_ (Xk§? I

N7ame:	11,(,J(eII  I/..t(,etJtvf_t.-r

STATE OF FLORIDA

COUNTY OF ORANGE
The foregoing instr-4111,ent was,cknowledged before me his {J day oJ l,{_J'\._.( 2019. by 'Z, )() j/];c.t.J (	. G--0Cfl1 _	, as  -11--'+.:::'-'S;_._ of  Lake Nona  Land
Company, LLC, a Florida limited liability company, who is I	personally known to me or I	J

produced the following identification:

oath.

C - . and who did not take an

:-,f,.RY 4
I

Robyn Noren
q., NOTARY PUBLIC
STATE OF FLORIDA

Notary Public

i	Comm# GG291226		

·.r1-vcE,ca1'b Expires 4/5/2023

Printed Name Below Signature

My Commission Expires

Signed, sealed and delivered in	e presenc	·

ORLANDO UTILITIES COMMISSION

Clint Bullock
General Manager & CEO

FOR THE USE AND RELIANCE OF OUC ONLY: APPROVED AS TO FORM AND LEGALITY
1
--	"!).\-
Date:		\_  \	;;>o l4.
\

T1.t)e:_ASSISTANT S£C_RH_ARY	_

STATE OF FLORIDA

COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this / 01..(.,l,,day of J:.IY(' , 2019, by Clint Bullock, as General Manager and CEO of ORLANDO UTILfiIES COMMISSION, who is personally known to me or he has produced the following identification:

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

, and who did not take	oath.

Printed Name Below Signature

..
SCHEDULE 1 THE PROPERTY

MEDICAL CITY DRIVE

LAKE NONA SOUTH PARCEL 19C 95/87 TRACT B (ACCESS & UTILITY) Public
Records of Orange County, Florida

SCBEDULE2

CURRENT PHASE LIGHTING PLAN

(6ea) 125w LED GE Cobra Fixture/ OUC # 036-23116
(3ea) 40' Octagonal Concrete Pole, Jade Green,/ OUC # 001-25545 (6ea) 2 x 8' Aluminum Arm Black/ OUC # 036-24026

Customer is responsible for conduit, junction boxes, and pull string per OUC specification

SCHEDULE3

CURRENT PHASE UPGRADE COST PAYMENT TERMS

MONTHLY INSTALLMENT:

During the Term of the Agreement, the Customer shall pay to 0UC the Upgrade Cost for the initial Phase in aggregate monthly installments of$ 78.39. Such aggregate monthly installments shall be exclusive of any and all applicable sales, use, excise, gross receipts or similar taxesor impositions. Themonthly duedate indicated in OUC's invoice to the Customer for the Upgrade Cost shall bein accordance with billing procedures set out in the Manual.

ADDITIONAL CHARGES:

The Upgrade Cost may be adjusted annually in accordance with Section 4.2 of this Agreement.

.	'

Certificate of Completion (SCHEDULE 4)

Proiect W.O. #	OUC Account#
J

Project Name: 	 Customer/Account Name		 Original Monthly Lighting Service Charges:
Investment 	;Maintenance; 	;Fuel & Energy	

Original Lighting System Poles & Fixtures and Installation Scope:

(Original Streetlight Fixture/Pole type/quantity listed here)

As-built Lighting System Poles & Fixtures and Installation Scope:

(As-built Streetlight Fixture/Pole type/quantity listed here)

Amended Monthly Lighting Service Charges per as-built Lighting System

Investment 	;Maintenance 	;Fuel and Energy 		_

ACCEPTANCE OF COMPLETION & AMENDED MONTHLY SERVICE CHARGES:

Authorized OUC Representative; Printed Name & Signature	Date

Authorized Customer Representative; Printed Name & Signature	Date 		_

BOGGY CREEK IMPROVEMENT DISTRICT

License Agreement for Fountain Maintenance

LICENSE AGREEMENT BETWEEN BOGGY CREEK IMPROVEMENT DISTRICT AND LNT HOTEL III, LLC, REGARDING FOUNTAIN INSTALLATION AND MAINTENANCE WITHIN DISTRICT PROPERTY

THIS LICENSE AGREEMENT (“Agreement”) is made and entered into this 16th day of August 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

LNT HOTEL III, LLC, a Florida limited liability company, whose principal address is 6900 Tavistock Lakes Blvd., Suite 200, Orlando, Florida 32827 (“Licensee”).

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 Licensee has requested authorization from the District to install and maintain one (1) fountain on the District’s property identified as Tract A, Lake None Boulevard First Addition of the Official Records of Orange County, Florida, as recorded in Plat Book 67, Page 8, of the Official Records of Orange County, Florida (“Property”); and

Whereas, the District agrees to grant the Licensee authorization pursuant to a non- exclusive license for access and use of the Property for the limited purpose of installing and maintaining one (1) fountain located on the Property; and

Whereas, the District and the Licensee desire to set forth the terms of their mutual agreement regarding the access and use of the Property.

Now, therefore, based upon good and valuable consideration and the mutual covenants of the parties, the receipt and sufficiency of which are hereby acknowledged, the District and the Licensee agree as follows:

Incorporation Of Recitals. The Recitals stated above are true and correct and are incorporated herein as a material part of this Agreement.

GRANT OF LICENSE. The District hereby grants to the Licensee a non-exclusive license to install and maintain one (1) fountain on the Property. Such installation and fountain shall be installed in full compliance with this Agreement, and applicable laws, regulations and codes. The location of the fountain shall be substantially as depicted in Exhibit A.

Conditions  on  the  License.  The License granted in Paragraph 2, above, is subject to the following terms and conditions:

The Licensee’s access to and use of the Property for the purposes contemplated by this Agreement is limited to the scope of the License granted herein and solely in the Property.

The Licensee shall be fully responsible for the installation of the fountain and any maintenance, damage, removal, or other incidentals associated with the installation, maintenance, ongoing use, and removal of the fountain.

The District may terminate this License at any time, in its absolute and sole discretion and Licensee shall be entitled to no remuneration.

ACCESS. The District hereby grants the Licensee and its contractors the limited right to access the Property for the purposes described in this Agreement. The Licensee shall use all due care to accomplish the installation, maintenance, and removal of the fountain without damage to or unreasonable interference with the use of the property of the District, including the Property, and its residents and landowners, or any District improvements. The Licensee shall assume sole responsibility for any and all damage to any real or personal property of the District or of any third parties as a result of or in connection with the Licensee’s use of the Property under this Agreement, including, but not limited to, any damage caused by the installation, maintenance, or removal of the fountain. The Licensee shall be responsible for timely returning the Property to its original or better condition upon removal of the fountain. Any such repairs, reconstruction, or reinstallation necessary in order to do so shall be at the Licensee’s sole expense. The provisions of this Paragraph 4 shall survive termination of this Agreement.

EFFECTIVE DATE; TERM. This Agreement shall become effective on the date first written above and shall continue in full force and effect until revoked or terminated in accordance with Paragraph 6 below.

Revocation, Suspension  and  Termination.  The District and the Licensee expressly acknowledge and agree that the License granted herein is a mere privilege and may be suspended or revoked, with or without cause, at the sole discretion of the District. In the event the District exercises its right to suspend or revoke the License, the District shall provide written notice to the Licensee of the suspension or revocation. The Licensee shall remove the fountain, at its sole cost, within thirty (30) days of the effective date of the suspension or revocation, unless otherwise agreed to in writing by the District. The Licensee may terminate this Agreement upon written notice to the District. The Licensee shall not be entitled to any compensation, off sets, incidental costs or any other payment under this Agreement whatsoever. The provisions of Paragraphs 4 and 9 shall survive any revocation, suspension or termination of this Agreement.

Insurance. The Licensee shall, at its own expense, maintain insurance during the term of this Agreement, with limits of liability not less than the following General Liability Bodily Injury (including contractual) $1,000,000/$2,000,000 and General Liability Property Damage (including contractual) $1,000,000/$2,000,000. The District and its supervisors, officers, staff,

employees, representatives and agents shall be named as an additional insured. The Licensee shall furnish the District with a valid and binding Certificate of Insurance evidencing compliance with this requirement prior to Licensee accessing or installing any improvements, including, but not limited to, the fountain contemplated hereunder, on the Property. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida, and such carrier shall have a Best’s Insurance Reports rating of at least A-VII.

Compliance with Laws, Rules and Policies. The Licensee shall comply at all times with relevant statutes and regulations applicable to the purposes contemplated by this Agreement and shall, upon request of the District, provide proof of such compliance.

Indemnification.

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

The Licensee will defend, indemnify, save and hold the District and its supervisors, officers, staff, employees, representatives, and agents (“District Indemnitees”) harmless from all loss, damage or injury, including all judgments, liens, liabilities, debts and obligations arising from the acts or omissions of the Licensee, its members, managers, agents, subcontractors or assigns in connection with the purposes of or otherwise reasonably contemplated by this Agreement.

For purposes of this section, “acts or omissions” on the part of the Licensee and its members, managers, agents, assigns or subcontractors, includes, but is not limited to:

Installation of the fountain in a manner that would require a permit, license, certification, consent, or other approval from any governmental agency having jurisdiction, unless such permit, license, certification, consent, or other approval is first obtained;

Any claims of false advertisement, copyright infringement, trademark, or patent violations; and

Any claims resulting from personal injury and property damage.

The indemnification rights herein contained shall be cumulative of, and in addition to, any and all rights, remedies and recourse to which the District shall be entitled, whether pursuant to some other provision of this Agreement, at law, or in equity. The provisions of this Paragraph 9 shall survive the termination of this Agreement.

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

Recovery of Costs and Fees.  In the event the District is required to enforce this Agreement by court proceedings or otherwise, then if successful, the District shall be entitled to recover from the Licensee all fees and costs incurred, including reasonable attorneys’ fees and costs.

DEFAULT. In the event Licensee shall fail to perform any covenant, term, or provision of this Agreement, then the District shall have the right to immediately terminate this Agreement and Licensee shall remove the fountain from the Property and repair the Property to the same or better condition.
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.

AMENDMENT. 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.

ASSIGNMENT. Neither the District nor the Licensee may assign their rights, duties or obligations under this Agreement without the prior written approval of the other. Any purported assignment without said written authorization shall be void.

Independent  Contractor.  In all matters relating to this Agreement, the Licensee shall act as an independent contractor. Neither the Licensee nor any individual employed by the Licensee in connection with the use of the Property are employees of the District under the meaning or application of any federal or state laws. The Licensee agrees to assume all liabilities and obligations imposed by one or more of such laws with respect to its employees in the use of the Property. The Licensee shall have no authority to assume or create any obligation, express or implied, on behalf of the District and the Licensee shall have no authority to represent the District as agent, employee or in any other capacity.

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

If to the District:	Boggy Creek Improvement District
3501 Quadrangle Blvd., 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

If to the Licensee:	LNT Hotel III, LLC
6900 Tavistock Lakes Blvd., Suite 200
Orlando, Florida 32827 Attn: Howard Long

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 Licensee may deliver Notice on behalf of the District and the Licensee. 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.

Interference  by  Third  Party.  The District shall be solely responsible for enforcing its rights under this Agreement against any interfering party. Nothing contained herein shall limit or impair the District’s right to protect its rights from interference by a third party to this Agreement.

PUBLIC RECORDS. Licensee understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, shall be treated as such in accordance with the District’s Records Retention Policy and Florida law. Pursuant to Section 119.07(1)(a), Florida Statutes, Licensee shall permit such records to be inspected and copied by any person desiring to do so. Failure of Licensee to comply with public records laws to the extent required by statute will result in immediate termination of the Agreement.

Controlling 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. The parties agree that venue for any action arising hereunder shall be in a court of appropriate jurisdiction in Orange County, Florida.

Arm’s Length Negotiation.  This Agreement has been negotiated fully among the parties as an arm’s length transaction. The parties participated fully in the preparation of this

Agreement and received, or had the opportunity to receive, the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are deemed to have drafted, chosen and selected the language and any doubtful language will not be interpreted or construed against any party.

Third Party Beneficiaries.  This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue upon or by reason of, or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended nor shall be construed to confer upon any person or legal entity other than the parties hereto 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 be binding upon the parties hereto and their respective representatives, successors and assigns.

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

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.

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.

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

[Signature Page Follows]

In Witness Whereof, the parties hereto have signed this Agreement to be effective on the day and year first written above.

Attest:		Boggy Creek Improvement District	

		

(Signature of Witness)			, Board of Supervisors	

Witness:		
LNT HOTEL III, LLC, a Florida limited liability	
		company	
			
(Signature of Witness)		Print: Howard Long	
		Its: Vice President	

Exhibit A: Location of Fountain			

0	30'	60'

FULL SCALE: 1"=30'
HALF SCALE: 1"=60'

CORNER DRIVE (PRIVATE ROAD) ROW VARIES

DRIVEWAY A
DRIVEWAY B

Storm Outfall

Electrical to Fountain

Storm Outfall

R E V I S I O N S

LAKE NONA PARCEL

HC A R C H I T E C T U R E, INC
1 4 2 5 D U T C H V A L L E Y P L N E

PERMIT RELEASE SET	10.01.2021	REVISION 1	11.01.2021

D R A W I N G T I T L E	J O B N O .  D A T E

S T U D I O B

618 E. SOUTH STREET

GRADING PLAN

575

hc

THIS DRAWING IS THE PROPERTY OF HC ARCHITECTURE, INC. AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART. IT IS ONLY TO BE USED FOR THE PROJECT SPECIFICALLY IDENTIFIED HEREIN AND IS NOT TO BE USED ON ANY OTHER PROJECT. IT IS TO BE RETURNED UPON REQUEST. SCALES AS STATED HEREIN ARE VALID ON THE ORIGINAL DRAWING, THE DIMENSIONS OF WHICH ARE 30 X 42 INCHES.	© 2021 hc architecture, inc.

Exhibit A
Location of Fountain

P R O J E C T

A R C H I T E C T

A T L A N T A G A 3 0 3 2 4
4 0 4 . 6 8 5 . 8 8 6 8 v
15A HOTEL	4 0 4 . 6 8 5 . 8 8 7 8 f	ORLANDO, FL 32801

architecture

W W W . H C A R C H . N E T

Certificate of Authorization:	F05000005222
Corporate License No.:	AA26001050
Tom Hogan License No.:	AR101416

STAMP

CITY ONLY

I S S U E S

SUITE 700

No. 68011

ADDENDUM 1	11.01.2021

REVISION 2	12.02.2021

ADDENDUM 2	12.02.2021

STATE OF FLORIDA

C O N S U L A N T S

407.423.8398
CERTIFICATE OF AUTHORIZATION: EB9951

S H E E T N O .

S H E E T I N F O

C-300

BOGGY CREEK IMPROVEMENT DISTRICT

Resolution 2022-09,
Adopting the Fiscal Year 2023 Budget and Appropriating Funds

RESOLUTION 2022-09

THE ANNUAL APPROPRIATION RESOLUTION OF THE BOGGY CREEK IMPROVEMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2022, submitted to the Board of Supervisors (“Board”) of the Boggy Creek Improvement District (“District”) proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (“Fiscal Year 2022/2023”) along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and

WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Budget, the District filed a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and

WHEREAS, the Board set a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and

WHEREAS, the District Manager posted the Proposed Budget on the District’s website at least two days before the public hearing; and

WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and

WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year.

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

SECTION 1.	BUDGET

a.	The Board has reviewed the Proposed Budget, a copy of which is on file with the office of the
District Manager and at the District’s Local Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below.	
b.	The Proposed Budget, attached hereto as Exhibit A, as amended by the Board, is hereby adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes (“Adopted Budget”), and incorporated herein by reference; provided, however, that the comparative figures contained in the Adopted Budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures.	
c.	The Adopted Budget, as amended, shall be maintained in the office of the District Manager and at the District’s Local Records Office and identified as “The Budget for the Boggy Creek Improvement District for the Fiscal Year Ending September 30, 2023.”	
d.	The Adopted Budget shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption and shall remain on the website for at least 2 years.	

SECTION 2.	APPROPRIATIONS

There is hereby appropriated out of the revenues of the District, for Fiscal Year 2022/2023, the sum of
$	 to be raised by the levy of assessments and/or otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in
the following fashion:			
TOTAL GENERAL FUND	$		
DEBT SERVICE FUND(S)	$		
TOTAL ALL FUNDS		$		
SECTION 3.	BUDGET AMENDMENTS		

Pursuant to Section 189.016, Florida Statutes, the District at any time within Fiscal Year 2022/2023, or within 60 days following the end of the Fiscal Year 2022/2023, may amend its Adopted Budget for that fiscal year as follows:

A line-item appropriation for expenditures within a fund may be decreased or increased by motion of the Board recorded in the minutes, and approving the expenditure, if the total appropriations of the fund do not increase.

The District Manager or Treasurer may approve an expenditure that would increase or decrease a line-item appropriation for expenditures within a fund if the total appropriations of the fund do not increase and if either (i) the aggregate change in the original appropriation item does not exceed the greater of $15,000 or 15% of the original appropriation, or (ii) such expenditure is authorized by separate disbursement or spending resolution.

Any other budget amendments shall be adopted by resolution and consistent with Florida law.

The District Manager or Treasurer must ensure that any amendments to the budget under paragraph c. above are posted on the District’s website within 5 days after adoption and remain on the website for at least 2 years.

SECTION 4.	EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 16TH DAY OF AUGUST 2022.

ATTEST:	BOGGY CREEK IMPROVEMENT
DISTRICT

Secretary / Assistant Secretary

By:	 Its:	

Exhibit A: Fiscal Year 2022/2023 Budget

EXHIBIT A

Boggy Creek Improvement District
FY 2023 Proposed O&M Budget

	Actual Through	Anticipated	Anticipated FY	FY 2022 Adopted	FY 2023 Proposed	
	07/31/2022	08/2022 - 09/2022	2022 Total	Budget	Budget	

Revenues						
Assessments	$	875,594.19	$	44,861.25	$	920,455.44	$	920,455.44	$	920,455.44	
Developer Contributions	223,387.56	43,906.94	267,294.50	725,319.70	725,319.70	
Carryforward Revenue	158,495.70	-	158,495.70	26,738.53	113,914.01	
Net Revenues	$ 1,257,477.45	$	88,768.19	$ 1,346,245.64	$  1,672,513.67	$	1,759,689.15	
General & Administrative Expenses						
Legislative						
Supervisor Fees	$	2,800.00	$	800.00	$	3,600.00	$	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	7,590.19	-	7,590.19	7,000.00	8,500.00	
Management	33,333.30	6,666.70	40,000.00	40,000.00	40,000.00	
Engineering	15,435.50	3,087.10	18,522.60	11,500.00	11,500.00	
Dissemination Agent	3,750.00	1,250.00	5,000.00	5,000.00	5,000.00	
Property Appraiser	-	-	-	-	1,000.00	
District Counsel	27,821.22	5,564.24	33,385.46	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	3,775.00	1,225.00	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	44.51	8.90	53.41	300.00	300.00	
Telephone	-	8.33	8.33	50.00	50.00	
Postage & Shipping	185.02	37.00	222.02	500.00	500.00	
Copies	-	333.33	333.33	2,000.00	1,500.00	
Legal Advertising	5,618.51	1,123.70	6,742.21	9,500.00	8,000.00	
Bank Fees	-	-	-	360.00	360.00	
Miscellaneous	352.35	70.47	422.82	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	2,200.00	570.00	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	$	114,725.60	$	22,319.77	$	137,045.37	$	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	
	07/31/2022	08/2022 - 09/2022	2022 Total	Budget	Budget	

Field Operations Expenses						
Electric Utility Services						
Electric	$	4,268.05	$	853.61	$	5,121.66	$	5,500.00	$	6,000.00	
Entry Lighting	-	83.33	83.33	500.00	500.00	
Water-Sewer Combination Services						
Water Reclaimed	27,036.88	5,407.38	32,444.26	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	33,469.40	6,693.88	40,163.28	60,000.00	60,000.00	
Landscaping Maintenance & Material	223,894.40	44,778.88	268,673.28	276,839.00	374,220.00	
Landscape Improvements	59,721.20	10,000.00	69,721.20	65,000.00	65,000.00	
Tree Trimming	8,500.00	-	8,500.00	20,000.00	20,000.00	
Contingency	10,466.81	2,093.36	12,560.17	65,005.50	30,000.00	
Pest Control	1,510.00	-	1,510.00	3,020.00	3,020.00	
Shuttle Financing						
Insurance	-	833.33	833.33	5,000.00	5,000.00	
Maintenance	50,310.00	10,062.00	60,372.00	216,000.00	216,000.00	
Vehicle Cost (Loan Payment)	147,039.77	29,407.95	176,447.72	358,000.00	146,319.70	
BEEP Operating Costs	18,018.29	3,603.66	21,621.95	146,319.70	358,000.00	
Interchange Maintenance Expenses						
IME - Aquatics Maintenance	2,713.74	542.75	3,256.49	3,445.00	3,445.00	
IME - Irrigation Repair	2,576.46	515.29	3,091.75	3,250.00	3,250.00	
IME - Landscaping	76,079.04	15,215.81	91,294.85	88,370.10	89,506.95	
IME - Landscape Improvements	-	-	-	-	13,000.00	
IME - Lighting	655.99	131.20	787.19	812.50	1,300.00	
IME - Miscellaneous	99.12	19.82	118.94	4,225.00	6,500.00	
IME - Water Reclaimed	371.39	74.28	445.67	1,625.00	1,625.00	
Road & Street Facilities						
Entry and Wall Maintenance	3,493.72	698.74	4,192.46	15,000.00	20,000.00	
Streetlights	58,426.52	11,685.30	70,111.82	96,390.20	97,590.83	
Parks & Recreation						
Personnel Leasing Agreement	30,000.10	5,999.90	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	$	766,690.88	$	171,227.14	$	937,918.02	$  1,531,528.67	$	1,617,504.15	

Total Expenses	
$	881,416.48	
$	193,546.91	
$ 1,074,963.39	
$  1,672,613.67	
$	1,759,789.15	

Income (Loss) from Operations	
$	376,060.97	
$	(104,778.72)	
$	271,282.25	
$	(100.00)	
$	(100.00)	
Other Income (Expense)						
Interest Income	$	94.01	$	18.80	$	112.81	$	100.00	$	100.00	
Total Other Income (Expense)	$	94.01	$	18.80	$	112.81	$	100.00	$	100.00	
Net Income (Loss)	$	376,154.98	$	(104,759.92)	$	271,395.06	$	-	$	-	

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	

Page 1 of 1

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

Resolution 2022-10,
Adopting an Assessment Roll for Fiscal Year 2023 and Certifying Special Assessments for Collection

RESOLUTION 2022-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BOGGY CREEK IMPROVEMENT DISTRICT MAKING A DETERMINATION OF BENEFIT AND IMPOSING SPECIAL ASSESSMENTS FOR FISCAL YEAR 2022/2023; PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS, INCLUDING BUT NOT LIMITED TO PENALTIES AND INTEREST THEREON; CERTIFYING AN ASSESSMENT ROLL; PROVIDING FOR AMENDMENTS TO THE ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Boggy Creek Improvement District (“District”) is a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and

WHEREAS, the District is located in the City of Orlando, Orange County, Florida (“County”); and

WHEREAS, the District has constructed or acquired various infrastructure improvements and provides certain services in accordance with the District’s adopted capital improvement plan and Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors (“Board”) of the District hereby determines to undertake various operations and maintenance and other activities described in the District’s budget (“Adopted Budget”) for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (“Fiscal Year 2022/2023”), attached hereto as Exhibit “A;” and

WHEREAS, the District must obtain sufficient funds to provide for the operation and maintenance of the services and facilities provided by the District as described in the Adopted Budget; and

WHEREAS, the provision of such services, facilities, and operations is a benefit to lands within the District; and

WHEREAS, Chapter 190, Florida Statutes, provides that the District may impose special assessments on benefitted lands within the District; and

WHEREAS, it is in the best interests of the District to proceed with the imposition of the special assessments for operations and maintenance in the amount set forth in the Adopted Budget; and

WHEREAS, the District has previously levied an assessment for debt service, which the District desires to collect for Fiscal Year 2022/2023; and

WHEREAS, Chapter 197, Florida Statutes, provides a mechanism pursuant to which such special assessments may be placed on the tax roll and collected by the local tax collector (“Uniform Method”), and the District has previously authorized the use of the Uniform Method by, among other things, entering into agreements with the Property Appraiser and Tax Collector of the County for that purpose; and

WHEREAS, it is in the best interests of the District to adopt the assessment roll (“Assessment Roll”) attached to this Resolution as Exhibit “B,” and to certify the portion of the Assessment Roll related to certain developed property (“Tax Roll Property”) to the County Tax Collector pursuant to the Uniform Method and to directly collect the portion of the Assessment Roll relating to the remaining property (“Direct Collect Property”), all as set forth in Exhibit “B;” and

WHEREAS, it is in the best interests of the District to permit the District Manager to amend the Assessment Roll adopted herein, including that portion certified to the County Tax Collector by this Resolution, as the Property Appraiser updates the property roll for the County, for such time as authorized by Florida law.

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

SECTION 1. BENEFIT & ALLOCATION FINDINGS. The provision of the services, facilities, and operations as described in Exhibit “A” confers a special and peculiar benefit to the lands within the District, which benefit exceeds or equals the cost of the assessments. The allocation of the assessments to the specially benefitted lands is shown in Exhibits “A” and “B,” and is hereby found to be fair and reasonable.

SECTION 2.  ASSESSMENT IMPOSITION. Pursuant to Chapters 190 and 197, Florida Statutes, and using the procedures authorized by Florida law for the levy and collection of special assessments, a special assessment for operation and maintenance is hereby imposed and levied on benefitted lands within the District and in accordance with Exhibits “A” and “B.” The lien of the special assessments for operations and maintenance imposed and levied by this Resolution shall be effective upon passage of this Resolution. Moreover, pursuant to Section 197.3632(4), Florida Statutes, the lien amount shall serve as the “maximum rate” authorized by law for operation and maintenance assessments.

SECTION 3.	Collection and Enforcement; Penalties; Interest.

Tax Roll Assessments. The operations and maintenance special assessments and previously levied debt service special assessments imposed on the Tax Roll Property shall be collected at the same time and in the same manner as County taxes in accordance with the Uniform Method, as set forth in Exhibits “A” and “B.”

Direct Bill Assessments. The operations and maintenance special assessments and previously levied debt service special assessments imposed on the Direct Collect Property shall be collected directly by the District in accordance with Florida law, as set forth in Exhibits “A” and “B.” Assessments directly collected by the District are due in full on December 1, 2022; provided, however, that, to the extent permitted by law, the assessments due may be paid in several partial, deferred payments and according to the following schedule: 50% due no later than December 1, 2022, 25% due no later than February 1, 2023 and 25% due no later than May 1, 2023. In the event that an assessment payment is not made in accordance with the schedule stated above, the whole assessment – including any remaining partial, deferred payments for Fiscal Year 2022/2023, shall immediately become due and payable; shall accrue interest, penalties in the amount of one percent (1%) per month, and all costs of collection and enforcement; and shall either be enforced pursuant to a foreclosure action, or, at the District’s sole discretion, collected pursuant to the Uniform Method on a future tax bill, which amount may include penalties, interest, and costs of collection and enforcement. Any prejudgment interest on delinquent assessments shall accrue at the rate of any bonds secured by the assessments, or at the statutory prejudgment interest rate, as applicable. In the event an assessment subject to direct collection by the District shall be delinquent, the District Manager and District Counsel, without further authorization by the Board, may initiate foreclosure proceedings pursuant to Chapter 170, Florida Statutes, or other applicable law to collect and enforce the whole assessment, as set forth herein.

Future Collection Methods. The decision to collect special assessments by any particular method – e.g., on the tax roll or by direct bill – does not mean that such method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices.

SECTION 4. ASSESSMENT ROLL. The Assessment Roll, attached to this Resolution as Exhibit “B,” is hereby certified for collection. That portion of the Assessment Roll which includes the Tax Roll Property is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in the same manner and time as County taxes. The proceeds therefrom shall be paid to the District.

SECTION 5.  Assessment Roll Amendment. The District Manager shall keep apprised of all updates made to the County property roll by the Property Appraiser after the date of this Resolution, and shall amend the Assessment Roll in accordance with any such updates, for such time as authorized by Florida law, to the County property roll. After any amendment of the Assessment Roll, the District Manager shall file the updates in the District records.

SECTION 6. 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.

SECTION 7.	EFFECTIVE DATE. This Resolution shall take effect upon the passage and adoption of this Resolution by the Board.

PASSED AND ADOPTED this 16th day of August 2022.

ATTEST:	BOGGY CREEK IMPROVEMENT DISTRICT

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

Exhibit A:	Budget
Exhibit B:	Assessment Roll (Uniform Method) Assessment Roll (Direct Collect)

EXHIBIT A

Boggy Creek Improvement District
FY 2023 Proposed O&M Budget

	Actual Through	Anticipated	Anticipated FY	FY 2022 Adopted	FY 2023 Proposed	
	07/31/2022	08/2022 - 09/2022	2022 Total	Budget	Budget	

Revenues						
Assessments	$	875,594.19	$	44,861.25	$	920,455.44	$	920,455.44	$	920,455.44	
Developer Contributions	223,387.56	43,906.94	267,294.50	725,319.70	725,319.70	
Carryforward Revenue	158,495.70	-	158,495.70	26,738.53	113,914.01	
Net Revenues	$ 1,257,477.45	$	88,768.19	$ 1,346,245.64	$  1,672,513.67	$	1,759,689.15	
General & Administrative Expenses						
Legislative						
Supervisor Fees	$	2,800.00	$	800.00	$	3,600.00	$	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	7,590.19	-	7,590.19	7,000.00	8,500.00	
Management	33,333.30	6,666.70	40,000.00	40,000.00	40,000.00	
Engineering	15,435.50	3,087.10	18,522.60	11,500.00	11,500.00	
Dissemination Agent	3,750.00	1,250.00	5,000.00	5,000.00	5,000.00	
Property Appraiser	-	-	-	-	1,000.00	
District Counsel	27,821.22	5,564.24	33,385.46	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	3,775.00	1,225.00	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	44.51	8.90	53.41	300.00	300.00	
Telephone	-	8.33	8.33	50.00	50.00	
Postage & Shipping	185.02	37.00	222.02	500.00	500.00	
Copies	-	333.33	333.33	2,000.00	1,500.00	
Legal Advertising	5,618.51	1,123.70	6,742.21	9,500.00	8,000.00	
Bank Fees	-	-	-	360.00	360.00	
Miscellaneous	352.35	70.47	422.82	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	2,200.00	570.00	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	$	114,725.60	$	22,319.77	$	137,045.37	$	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	
	07/31/2022	08/2022 - 09/2022	2022 Total	Budget	Budget	

Field Operations Expenses						
Electric Utility Services						
Electric	$	4,268.05	$	853.61	$	5,121.66	$	5,500.00	$	6,000.00	
Entry Lighting	-	83.33	83.33	500.00	500.00	
Water-Sewer Combination Services						
Water Reclaimed	27,036.88	5,407.38	32,444.26	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	33,469.40	6,693.88	40,163.28	60,000.00	60,000.00	
Landscaping Maintenance & Material	223,894.40	44,778.88	268,673.28	276,839.00	374,220.00	
Landscape Improvements	59,721.20	10,000.00	69,721.20	65,000.00	65,000.00	
Tree Trimming	8,500.00	-	8,500.00	20,000.00	20,000.00	
Contingency	10,466.81	2,093.36	12,560.17	65,005.50	30,000.00	
Pest Control	1,510.00	-	1,510.00	3,020.00	3,020.00	
Shuttle Financing						
Insurance	-	833.33	833.33	5,000.00	5,000.00	
Maintenance	50,310.00	10,062.00	60,372.00	216,000.00	216,000.00	
Vehicle Cost (Loan Payment)	147,039.77	29,407.95	176,447.72	358,000.00	146,319.70	
BEEP Operating Costs	18,018.29	3,603.66	21,621.95	146,319.70	358,000.00	
Interchange Maintenance Expenses						
IME - Aquatics Maintenance	2,713.74	542.75	3,256.49	3,445.00	3,445.00	
IME - Irrigation Repair	2,576.46	515.29	3,091.75	3,250.00	3,250.00	
IME - Landscaping	76,079.04	15,215.81	91,294.85	88,370.10	89,506.95	
IME - Landscape Improvements	-	-	-	-	13,000.00	
IME - Lighting	655.99	131.20	787.19	812.50	1,300.00	
IME - Miscellaneous	99.12	19.82	118.94	4,225.00	6,500.00	
IME - Water Reclaimed	371.39	74.28	445.67	1,625.00	1,625.00	
Road & Street Facilities						
Entry and Wall Maintenance	3,493.72	698.74	4,192.46	15,000.00	20,000.00	
Streetlights	58,426.52	11,685.30	70,111.82	96,390.20	97,590.83	
Parks & Recreation						
Personnel Leasing Agreement	30,000.10	5,999.90	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	$	766,690.88	$	171,227.14	$	937,918.02	$  1,531,528.67	$	1,617,504.15	

Total Expenses	
$	881,416.48	
$	193,546.91	
$ 1,074,963.39	
$  1,672,613.67	
$	1,759,789.15	

Income (Loss) from Operations	
$	376,060.97	
$	(104,778.72)	
$	271,282.25	
$	(100.00)	
$	(100.00)	
Other Income (Expense)						
Interest Income	$	94.01	$	18.80	$	112.81	$	100.00	$	100.00	
Total Other Income (Expense)	$	94.01	$	18.80	$	112.81	$	100.00	$	100.00	
Net Income (Loss)	$	376,154.98	$	(104,759.92)	$	271,395.06	$	-	$	-	

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	

Page 1 of 1

EXHIBIT B

Boggy Creek Improvement District FY 2023 Proposed Assessments

Parcel ID	

Acreage	

Owner	
FY 22-23 Series 2013
Bond Assessment	
FY 22-23 O&M
Assessment	
Total FY 22-23 CDD
Assessment	
						
Future Development						
24-24-30-4939-02-000	12.69	LAKE NONA LAND CO LLC	27,870.38	7,650.50	35,520.88	
23-24-30-0000-00-009	12.82	LAKE NONA LAND CO LLC	28,164.75	7,731.30	35,896.05	
23-24-30-0000-00-006	22.49	LANDPORT LAND HOLDING INC	49,407.49	13,562.49	62,969.98	
22-24-30-0000-00-006	185.22	LAKE NONA LAND CO LLC	406,890.43	111,692.57	518,583.00	
23-24-30-4968-02-000	9.61	LNT HOTEL III LLC	21,112.53	5,795.45	26,907.98	
26-24-30-0000-00-014	253.97	LAKE NONA LAND CO LLC	557,912.92	153,148.68	711,061.60	
26-24-30-0000-00-023	36.75	LAKE NONA RESEARCH I LLC	80,728.99	22,160.34	102,889.33	
36-24-30-0000-00-004	33.65	LAKE NONA LAND CO LLC	73,914.62	20,289.77	94,204.39	
25-24-30-6052-01-000	31.90	NEMOURS FOUNDATION	-	19,236.30	19,236.30	
26-24-30-0000-00-022	1.04	LAKE NONA LAND CO LLC	2,275.85	624.73	2,900.58	
26-24-30-0000-00-022	19.72	LAKE NONA LAND CO LLC	43,316.81	11,890.59	55,207.40	
23-24-30-4973-00-001	0.21	LANDPORT LAND HOLDING INC	452.53	124.22	576.75	
26-24-30-4932-02-000	11.40	CENTRAL FLORIDA HEALTH SERVICES LLC	25,049.73	6,876.22	31,925.95	
26-24-30-0000-00-018	4.66	LAKE NONA LAND CO LLC	10,228.15	2,807.66	13,035.81	
26-24-30-7650-02-000	22.51	UNIVERSITY OF CENTRAL FLORIDA REAL ESTATE FOUNDATION LLC	-	13,570.94	13,570.94	
26-24-30-4972-02-000	59.96	LAKE NONA LAND CO LLC	131,718.15	36,157.00	167,875.15	
26-24-30-4972-01-000	14.43	LN TOWNCENTER II LLC	31,699.35	8,701.56	40,400.91	
26-24-30-4983-01-000	0.75	LN TOWNCENTER III LLC	1,640.98	450.46	2,091.44	
26-24-30-0000-00-039	58.02	DYNAMIC CAMPUS LLC	127,460.82	34,988.35	162,449.17	
26-24-30-0000-00-040	4.83	LAKE NONA LAND CO LLC	10,601.60	2,910.17	13,511.77	
26-24-30-7650-01-000	18.27	UCF Real Estate Foundation, LLC	-	11,017.15	11,017.15	
26-24-30-4984-04-000	0.25	LN TOWNCENTER II LLC	538.21	147.74	685.95	
Total Land Assessments	815.12		1,630,973.29	491,534.19	2,122,518.48	
SPMP Assessments						
26-24-30-4984-05-000	11.21	LN TOWNCENTER II LLC	n/a	-	-	
26-24-30-4983-02-000	3.58	LN TOWNCENTER III LLC	n/a	-	-	
25-24-30-6052-01-000	26.67	NEMOURS FOUNDATION	n/a	93,019.90	93,019.90	
25-24-30-6052-01-000	1.43	NEMOURS FOUNDATION	31,193.54	3,536.76	34,730.30	
26-24-30-0000-00-037	5.00	AMICUS BIOLOGICS INC	165,230.43	18,734.01	183,964.44	
23-24-30-4973-00-010	1.29	CLAYTON INVESTMENTS LLC	3,912.19	443.57	4,355.76	
23-24-30-4968-01-000	15.00	LN DRIVE SHACK LLC	79,416.14	9,004.33	88,420.47	
26-24-30-4970-01-000	4.88	LNJJ LLC	42,980.53	4,873.17	47,853.70	
26-24-30-8601-01-000	5.25	UNIVERSITY OF FLORIDA FOUNDATION INC	n/a	10,362.90	10,362.90	
26-24-30-1445-01-000	12.00	UNIVERSITY OF CENTRAL FLORIDA REAL ESTATE FOUNDATION LLC	n/a	17,487.30	17,487.30	
26-24-30-4932-02-001	25.23	UNIVERSITY OF CENTRAL FLORIDA	246,174.18	27,911.61	274,085.80	
26-24-30-4932-02-001	incl above	UNIVERSITY OF CENTRAL FLORIDA	59,154.64	6,707.07	65,861.71	
26-24-30-7650-01-000	9.22	UNIVERSITY OF CENTRAL FLORIDA REAL ESTATE FOUNDATION LLC	n/a	36,251.77	36,251.77	
26-24-30-4961-01-000	12.17	LAKE NONA INNOVATION CENTER I LLC	82,551.09	9,359.74	91,910.83	
26-24-30-4984-06-000	1.65	LNT HOTEL II LLC	167,665.25	19,010.11	186,675.36	
26-24-30-4984-06-000	incl above	LNT HOTEL II LLC	40,536.00	4,596.03	45,132.03	
26-24-30-4956-01-002	0.79	LNT OFFICE I LLC	79,135.92	8,972.50	88,108.42	

Boggy Creek Improvement District FY 2023 Proposed Assessments

Parcel ID	

Acreage	

Owner	
FY 22-23 Series 2013
Bond Assessment	
FY 22-23 O&M
Assessment	
Total FY 22-23 CDD
Assessment	
26-24-30-4956-01-000	7.91	LN TOWNCENTER I LLC	9,369.76	1,062.36	10,432.12	
26-24-30-4956-01-000	incl above	LN TOWNCENTER I LLC	9,621.91	1,090.95	10,712.85	
26-24-30-4956-01-000	incl above	LN TOWNCENTER I LLC	12,084.90	1,370.20	13,455.10	
26-24-30-4956-01-000	incl above	LN TOWNCENTER I LLC	6,314.09	715.90	7,029.99	
26-24-30-4956-01-000	incl above	LN TOWNCENTER I LLC	70,699.11	8,015.93	78,715.04	
26-24-30-4956-01-001	1.06	LNT HOTEL I LLC	159,087.03	18,037.50	177,124.53	
26-24-30-4956-01-003	0.90	LNT OFFICE II LLC	201,894.96	22,891.16	224,786.12	
26-24-30-4984-01-000	1.93	LNT MOB LLC	168,403.50	19,093.85	187,497.35	
26-24-30-4977-01-001	0.87	LNT OFFICE III LLC	129,470.85	14,679.52	144,150.37	
26-24-30-4984-03-000	0.35	LN TOWNCENTER II LLC	17,179.84	1,947.88	19,127.72	
26-24-30-4984-02-000	0.72	LNT MOB LLC	147,372.56	16,709.39	164,081.95	
26-24-30-4984-02-000	incl above	LNT MOB LLC	15,444.70	1,751.14	17,195.84	
26-24-30-4984-02-000	incl above	LNT MOB LLC	27,466.95	3,114.23	30,581.18	
26-24-30-4979-01-000	4.91	LAKE NONA LAND CO LLC (Ground Lease to SIMCOM)	85,369.43	9,679.26	95,048.69	
26-24-30-4977-01-000	4.14	LN TOWNCENTER III LLC	301,928.47	34,232.92	336,161.39	
26-24-30-4980-01-000	2.50	LN Pixon LLC	-	3,183.10	3,183.10	
26-24-30-4980-01-000	incl above	LN Pixon LLC	-	1,075.18	1,075.18	
						
Total SPMP Assessments	160.64		2,359,657.97	428,921.25	2,788,579.22	
						
Grand Total	975.76		3,990,631.26	920,455.44	4,911,086.70	

BOGGY CREEK IMPROVEMENT DISTRICT

Operation and Maintenance Expenditures Paid in July 2022 in amount totaling $44,795.98

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 July 1, 2022 through July 31, 2022. This does not include expenditures previously approved by the Board.

The total items being presented:    $44,795.98

Approval of Expenditures:

	 Chairman

	 Vice Chairman

	 Assistant Secretary

				   
     
    		
 			 	 		
						
      			
				  		
				    		
				 		
				 		
				  		
				 		
				   		
				 		
				 		
				   		
				   		
				  		
				 		
						
				   	
	
				  	
	

                        
    

BOGGY CREEK IMPROVEMENT DISTRICT

Funding Request #036
6/10/2022

Item	Payee	Invoice		General	
No.		Number		Fund	

1	
BEEP, Inc.				
	Shuttle Services Provided - 2 Shuttles	135	$	19,694.41	
2	Kutak Rock				
	Local Alternative Mobility Net Counsel Services Through 04/30/2022	3053743	$	1,914.00	

TOTAL	$  21,608.41

BOGGY CREEK IMPROVEMENT DISTRICT

Funding Request #037	
6/17/2022				
Item	Payee	Invoice	General	
No.		Number	Fund	

1	Truist Governmental Finance
BEEP Truist Loan 990900220300001	--	$ 146,319.70

TOTAL	$ 146,319.70

BOGGY CREEK IMPROVEMENT DISTRICT

Funding Request #038
7/1/2022

Item	Payee	Invoice		General	
No.		Number		Fund	

1	
BEEP, Inc.				
	Shuttle Services Provided - 2 Shuttles	174	$	19,570.00	
2	Kutak Rock				
	Local Alternative Mobility Net Counsel Services Through 05/31/2022	3067756	$	3,441.50	

TOTAL	$  23,011.50

BOGGY CREEK IMPROVEMENT DISTRICT

Payment Authorization #550
7/1/2022		
Item
No.	Payee	Invoice Number	General Fund	

1	
Berger, Toombs, Elam, Gaines & Frank
FY 2021 Audit	

359048	

$  3,775.00	
2	Kutak Rock
General Counsel Through 05/31/2022	
3067754	
$  1,900.93	
3	Orlando Sentinel
Legal Advertising Through 06/14/2022 (Ads: 7201135, 7227034)	
OSC55846617	
$  1,532.22	
4	PFM Group Consulting May Reimbursables	
OE-EXP-06-0005	
$	11.71	

TOTAL	$  7,219.86

	 Chairperson

Boggy Creek Improvement District
cJo PFM Group Consulting

RECEIVED
By  Amanda Lane at 2:30 pm, Jul 08, 2022

I

3501 Quadrangle Boulevard. Ste. 270
011ando. FL 32817
LaneA@pfm.com II (407) 723-5925

BOGGY CREEK IMPROVEMENT DISTRICT

Payment Authorization #551
7/8/2022		
Item	Payee	Invoice	General	
No.		Number	Fund	

1	
Aquatic Weed Control			
	July Waterway Service	72429	$	835.00	
2	Cepra Landscape			
	July Sections 1 & 2 Landscaping	ORL2365	$ 22,428.93	
	July Interchange Landscaping	ORL2392	$ 24,211.00	
	OUC Mainline Repair	ORL2509	$	1,794.00	
3	Donald W McIntosh Associates			
	Engineering Services Through 06/17/2022	42824	$	375.00	
	Stormwater Management System Needs Analysis Through 06/24/2022	42837	$  1,968.00	

4	ouc
Acct: 2562183178; Service 06/02/2022 - 07/01/2022		
$ 10,541.45	

TOTAL	$ 62,153.38

Secretary/Assistant Secretary	Chairperson

Boggy Creek Improvement District c/o PFM Group Consulting
3501 Quadrangle Boulevard. Ste. 270

RECEIVED
By Amanda Lane at 11:56 am, Jul 21, 2022

Orlando, FL 32817
LaneA@pfm.com II (407) 723-5925

BOGGY CREEK IMPROVEMENT DISTRICT

Payment Authorization #552
7/15/2022		
Item No.	Payee	Invoice Number	General Fund	

1	
Berman Construction			
	June Administrator & Irrigation Specialist	19776	$  3,000.01	
2	Cepra Landscape			
	June Irrigation Repairs	ORL2500	$  3,633.60	
3	PFM Group Consulting			
	Billable Expenses	120878	$	39.26	
	DM Fee: July 2022	DM-07-2022-06	$  3,333.33	

µL

TOTAL	$ 10,006.20

Boggy Creek Improvement District
clo PFM Group Consulting
3501 Quadrangle Boulevard, Ste. 270
Orlando, FL 32817
LaneA@pfm.com II (407) 723-5925

Chairperson

BOGGY CREEK IMPROVEMENT DISTRICT

Payment Authorization #553
7/22/2022

Item
No.	Payee	Invoice
Number	General
Fund	

1	
Berman Construction			
	July Administrator & Irrigation Specialist	20417	$  3,000.01	
2	owe Outdoors & Hauling
Right of Way Clearance Pruning	

1796	
$  5,900.00	
3	PFM Group Consulting			
	June Reimbursables	OE-EXP-07-0008	$	30.97	
4	Supervisor Fees - 07/19/2022 Meeting			
	Thad Czapka		$	200.00	
5	VGlobalTech			
	June Website Maintenance	3955	$	135.00	
	Quarter 2 ADA Audit	4022	$	300.00	
	July Website Maintenance	4086	$	135.00	

TOTAL	$  9,700.98

Secretary/Assistant Secretary	Chairperson

Boggy Creek Improvement District c/o PFM Group Consulting
3501 Quadrangle Boulevard, Ste. 270
Orlando, FL 32817
LaneA@pfm.com II (407) 723-5925

BOGGY CREEK IMPROVEMENT DISTRICT

Requisition Nos. 2018-248 – 2018-255
in July 2022 in an amount totaling $1,453,664.96

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 July 1, 2022 through July 31, 2022. This does not include requisitions previously approved by the Board.

REQUISITION NO	.	PAYEE	AMOUNT	
2018-248	Bryant Miller Olive	$1,500.00	
2018-249	GreenspoonMarder	$1,045.00	
2018-250	Synovus	$10,000.00	
2018-251	Lake Nona Land Company	$1,428,817.31	
2018-252	Kittelson & Associates	$5,536.25	
2018-253	Kutak Rock	$220.00	
2018-254	Donald W. McIntosh Associates	$6,316.40	
2018-255	Orlando Sentinel	$230.00	
		$1,453,664.96	

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

DATE: PAYEE: ADDRESS:

June 30, 2022
Bryant Miller Olive
1545 Raymond Diehl Road Suite 300
Tallahassee, FL 32308

REQUISITION NO:	 2018-248 AMOUNT DUE:	$1,500.00
FUND:	Acquisition/Construction

ITEM:

Legal Services Rendered in Connection with the Delivery of a No Adverse Opinion Regarding the BCID Not to Exceed $25,000,000 Special Assessment Revenue Bond Anticipation Note, Series 2018

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 IMPROVEMENf DISTRICT

BY:		 CHAIRMAN or VICE CHAIRMAN

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

The undersigned District Engineer hereby certifies that this disbursem  t is for a cost of the 2018 Project and is consistent with: (i) the applicable or cons.-uction contract; (ii) the plan·  specifications for the portion of the 2018 Project with respect to which such disbursement is being made; an , (iii)  e rep  o 'the District Engineer.

BY:

BCID Series 2018 Reg. 248-Bryant Miller Olive	June 30, 2022	Page 1 ofl

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

DATE: PAYEE: ADDRESS:

June 30, 2022
GreenspoonMarder
Trade Cenlre South - Suite 700 100 West Cypress Creek Road Fort Lauderdale, FL 33309

REQUISITION NO:	2018-249
AMOUNT DUE:	$1,045.00
FUND:	Acquisition/Construction

ITEM:

Professional Services for Matter 58776.0046 (BollgY Creek Improvement District)

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 disbursement is for a cost of the 2018 Project and is consistent with: (i) the applicable or construction contract; (ii) the plans   pecificati.on for the portion of the 2018 Project with respect to which such disbursement is being made; and,···  th repo  f  e District Engineer.

BY:

BCID Series 2018 Req. 249 - GreenspoonMarder	June 30, 2022	Page 1 ofl

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

DATE: PAYEE: ADDRESS:

June 30, 2022
Synovus
2325 Vanderbilt Beach Road Naples, FL 34109

REQUISITION NO:	2018-250
AMOUNT DUE:	$10,000.00
FUND:	Acquisition/Construction

l1EM:

Banlc Fee due Synovus Bank for modifications to draw period related to Boggy Creek Improvement District Bond Anticipation Note, Series 2018 <Note 804868-100)

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 Construc1ion Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the consbuction 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 DISlRICT

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  specifications for the portion of the 2018 Project with respect to which such disbursement is being made; an   i)  e repo o·  1e District Engineer.

BY:

BCID Series 2018 Req. 250- Synovus	June 30, 2022	Page 1 ofl

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT AND
2018 NOTE REQUISITION AND CONS1RUCTION ACCOUNT

DATE: PAYEE: ADDRESS:

June 30, 2022
Lake Nona Land Company 6900 Tavistock Lakes Blvd Suite 200
Orlando, FL 32827

REQUISITION NO: AMOUNT DUE: FUND:

2018-251
$1,428,817.31
Acquisition/Construction

ITEM:

Reimbursement To Developer For the Cost of the Land and Improvements For the Medical City Drive Extension

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.

h>

BOGGY 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 s ecifications for the portion of the 2018 Project with respect to which such disbursement is being made; and, (i".  e eport o'th  istrict Engineer.

BY:

BCID Series 2018 Req. 251 - Lake Nona Land Company	June 30, 2022	Page 1 ofl

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT .A..""ID
2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE: PAYEE: ADDRESS:

July l, 2022
Kittelson & Associates PO Box 40847
Portland, OR 97240

REQUISITION NO:	2018-252
AMOUNT DUE:	$5,536.25
FUND:	Acquisition/Construction

ITEM:

Invoice 127566 for Proiect 268530.000 CBCID Medical Citv Drive) Throuah 05/31/2022

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.

#ih:-

BOGGY 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 specifications for the portion of the 2018 Project with respect to which such disbursement is being made; and,·· 1 the re   of the District Engineer.

BY:

BCID Series 2018 Rcq. 252-Kittelson & Associates	July I, 2022	Page 1 oft

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

DATE: PAYEE: ADDRESS:

July 1, 2022 KutakRock PO Box 30057
Omaha, NE 68103-1157

REQUISITION NO:	2018-253
AMOUNT DUE:	$220.00
FUND:	Acquisition/Construction

ITEM:

Invoice 3067755 for Client Matter 3023-2 (Project Construction) ThrouJ1,h 05/31/2022

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 Acquisi-.on 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:

tLtk
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 a  pecificatiop for the portion of the 2018 Project with respect to which such disbursement is being made; and, (i.. t e repo of)!ne District Engineer.

BY:

BCID Series 2018 Req. 253 - Kutak Rock	July 1, 2022	Page 1 ofl

EXIDBITD

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

DATE: PAYEE: ADDRESS:

July 8, 2022
Donald W McIntosh Associates 2200 Patk Avenue North Winter Park, FL 32789

REQUISITION NO:	2018-254
AMOUNT DUE:	$6,316.40
FUND:	Acquisition/Construction

ITEM:

•

Invoice 42825 for Project 23218 (Lake Nona Boggy Creek) Through 06/17/2022 -
$1,650.00
Invoice 42834 for Project 21624 (Medical City Drive Widening) Through 06/17/2022
-$782.40
Invoice 42838 for Project 22542 (Lake Nona South Lift Station No. 9 and 6,000 LF of 1O" Force Main) ThrouRh 06/17/2022 - $3.884.00

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 Construciion Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 20I8 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.

It<

BOGGY CREEK IMPROVEMENT DISTRICT

BY:
--C:-HA-----:IRMA:-------:N,.,,..-o-rVI=-=-c=E=--c,C-HA_I_RMA--=N-----

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

Z,,.2,

The undersigned District Engineer hereby ceriifies that this di		· s for a cost of the 20I8 Project and is consistent with: (i) the applicable or construction connct; (ii)			e··• ations for the portion of the 2018 Project with respect to which such disbursement is being	7'-++-1-'-I+---   ·  ·  Engineer.

BY:

BCID Series 2018 Req. 254- Donald W McIntosh Associates	July 8, 2022	Page 1 oft

RECEIVED
By Amanda Lane at 2:30 pm, Jul 08, 2022

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT AND
2018 NO1E REQUISITION AND CONSTRUCTION ACCOUNT

DA1E: PAYEE: ADDRESS:

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

REQUISITION NO:	2018-255
AMOUNT DUE:	$230.00
FUND:	Acquisition/Construction

ITEM:

Invoice 56927503000 for Reference OSC56927503 (Ad #7228133) for Construction Legal Advertising of April Construction Committee Meetings (Split Five Ways, Will Be Reimbursed From GID. MCID. PE, MID)

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:

?Lt'6
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 plan and specifi ations for the portion of the 2018 Project with respect to which such disbursement is being made; an , ( 'i) the	h of the District Engineer.

BY:

,1 "l 1_/ 1- 't..
\J. w , (_

BCID Series 2018 Req. 255 - Orlando Sentinel	July 22, 2022	Page 1 ofl

RECEIVED
By Amanda Lane at 1:28 pm, Jul 25, 2022

BOGGY CREEK IMPROVEMENT DISTRICT

Work Authorizations/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 7/31/2022

General		Debt Service		Capital Projects	

Assets			

$517,467.71					
1,306.32					
58.00					
23,665.40					
1,718.62					
5,000.00					
60,608.81					
7,090.41					
		$1,956.10			
		3,946,021.87			
		1,332,895.85			
		1,076,854.99			
		6,415.26			
				$13,132.88	
				27,150.36	
				322.00	
$616,915.27		$6,364,144.07		$40,605.24	
$0.00		$0.00		$0.00	
$616,915.27		$6,364,144.07		$40,605.24	

General Long- Term Debt		Total	

$0.00		

$517,467.71
1,306.32
58.00
23,665.40
1,718.62
5,000.00
60,608.81
7,090.41
1,956.10
3,946,021.87
1,332,895.85
1,076,854.99
6,415.26
13,132.88
27,150.36
322.00
$7,021,664.58	

$6,362,187.97 38,597,812.03
$44,960,000.00		
$6,362,187.97 38,597,812.03
$44,960,000.00	
$44,960,000.00		$51,981,664.58	

Current Assets
General Checking Account State Board of Administration
Accounts Receivable - Due from Developer Due From Other Governmental Units Prepaid Expenses
Deposits
Infrastructure Capital Reserve Interchange Maintenance Reserve Due From Other Funds
Debt Service Reserve Series 2013 Debt Service Reserve Series 2018 Revenue Series 2013
Interest Series 2018 General Checking Account
Acquisition/Construction Series 2013 Due From Other Governmental Units
Total Current Assets

Investments
Amount Available in Debt Service Funds Amount To Be Provided
Total Investments

Total Assets

Boggy Creek Improvement District
Statement of Financial Position As of 7/31/2022

General Long- Term Debt		Total	

$0.00		

$53,564.24
58.00
5,806.14
$59,428.38	

$44,960,000.00
$44,960,000.00		
$44,960,000.00
$44,960,000.00	
$44,960,000.00		$45,019,428.38	

$0.00		

$70,670.30 274,949.33
217,673.40

(2,994,061.89)
1,284,171.93

8,074,034.03
(22,384,631.35)
(4,278,816.79)
1,271.08

26,696,976.16
$6,962,236.20	
			
$44,960,000.00		$51,981,664.58	

General	Debt Service	Capital Projects Liabilities and Net Assets

Current Liabilities Accounts Payable Deferred Revenue Accounts Payable
Total Current Liabilities

Long Term Liabilities
Revenue Bonds Payable - Long-Term Total Long Term Liabilities

Total Liabilities

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

58.00

$53,622.24		

$0.00		
$5,806.14
$5,806.14	
$0.00		$0.00		$0.00	
$53,622.24		$0.00		$5,806.14	

$70,670.30 274,949.33
217,673.40

$563,293.03		

($2,994,061.89) 1,284,171.93
8,074,034.03

$6,364,144.07		

($22,384,631.35)
(4,278,816.79)
1,271.08

26,696,976.16
$34,799.10	
					
$616,915.27		$6,364,144.07		$40,605.24	

$53,564.24

 			 

Boggy Creek Improvement District
Statement of Activities As of 7/31/2022	
	
General	
Debt Service	
Capital Projects	
General Long- Term Debt	
Total	

Revenues						
Off-Roll Assessments	$875,594.19				$875,594.19	
Developer Contributions	223,387.56				223,387.56	
Off-Roll Assessments		$3,828,918.07			3,828,918.07	
Other Assessments		1,236,050.44			1,236,050.44	
Inter-Fund Group Transfers In		(163.84)			(163.84)	
Debt Proceeds		850,749.92			850,749.92	
Developer Contributions			$146,319.70		146,319.70	
Inter-Fund Transfers In			163.84		163.84	
Debt Proceeds			1,705,513.01		1,705,513.01	
Total Revenues	

$1,098,981.75	

$5,915,554.59	

$1,851,996.55	

$0.00	

$8,866,532.89	
Expenses						
Supervisor Fees	$2,800.00				$2,800.00	
Public Officials' Liability Insurance	3,620.00				3,620.00	
Trustee Services	7,590.19				7,590.19	
Management	33,333.30				33,333.30	
Engineering	15,435.50				15,435.50	
Dissemination Agent	3,750.00				3,750.00	
District Counsel	27,821.22				27,821.22	
Assessment Administration	7,500.00				7,500.00	
Audit	3,775.00				3,775.00	
Travel and Per Diem	44.51				44.51	
Postage & Shipping	185.02				185.02	
Legal Advertising	5,618.51				5,618.51	
Miscellaneous	352.35				352.35	
Office Supplies	125.00				125.00	
Web Site Maintenance	2,200.00				2,200.00	
Holiday Decorations	400.00				400.00	
Dues, Licenses, and Fees	175.00				175.00	
Electric	4,268.05				4,268.05	
Water Reclaimed	27,036.88				27,036.88	
General Insurance	4,107.00				4,107.00	
Property & Casualty	3,933.00				3,933.00	
Irrigation Parts	33,469.40				33,469.40	
Landscaping Maintenance & Material	223,894.40				223,894.40	
Landscape Improvements	59,721.20				59,721.20	

Boggy Creek Improvement District
Statement of Activities As of 7/31/2022

	General		Debt Service		Capital Projects		General Long- Term Debt		Total	
Tree Trimming	8,500.00								8,500.00	
Contingency	10,466.81								10,466.81	
IME - Aquatics Maintenance	2,713.74								2,713.74	
IME - Irrigation	2,576.46								2,576.46	
IME - Landscaping	76,079.04								76,079.04	
IME - Lighting	655.99								655.99	
IME - Miscellaneous	99.12								99.12	
IME - Water Reclaimed	371.39								371.39	
Pest Control	1,510.00								1,510.00	
Entry and Wall Maintenance	3,493.72								3,493.72	
Shuttle Financing - Maintenance	50,310.00								50,310.00	
Shuttle Financing - Vehicle Cost	147,039.77								147,039.77	
Shuttle Financing - BEEP Operating Costs	18,018.29								18,018.29	
Streetlights	58,426.52								58,426.52	
Personnel Leasing Agreement	30,000.10								30,000.10	
Principal Payments (Series 2013)			$1,600,000.00						1,600,000.00	
Interest Payments (Series 2013)			2,386,200.00						2,386,200.00	
Interest Payments (Series 2018)			646,248.88						646,248.88	
Engineering					$64,861.90				64,861.90	
District Counsel					6,692.00				6,692.00	
Legal Advertising					469.75				469.75	
Contingency					1,778,704.47				1,778,704.47	
Total Expenses	$881,416.48		$4,632,448.88		$1,850,728.12		$0.00		$7,364,593.48	

Other Revenues (Expenses) & Gains (Losses)

Interest Income	$108.13								$108.13	
Interest Income			$1,066.22						1,066.22	
Interest Income					$2.65				2.65	
Total Other Revenues (Expenses) & Gains (Losses)	$108.13		$1,066.22		$2.65		$0.00		$1,177.00	
Change In Net Assets	$217,673.40		$1,284,171.93		$1,271.08		$0.00		$1,503,116.41	

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	
$563,293.03		
$6,364,144.07		
$34,799.10		
$0.00		
$6,962,236.20	

Boggy Creek Improvement District	
Budget to Actual	
For the Month Ending 07/31/2022	

Actual		

Budget		

Variance	
FY 2022
Adopted Budget	
Percentage Spent	

Revenues								
Off-Roll Assessments	$	875,594.19	$  767,046.20	$	108,547.99	$  920,455.44	95.13%	
Developer Contributions	223,387.56		604,433.08		(381,045.52)	725,319.70	30.80%	
Carryforward Revenue	158,495.70		22,282.11		136,213.59	26,738.53	592.76%	
Net Revenues	$ 1,257,477.45	$ 1,393,761.39	$	(136,283.94)	$ 1,672,513.67	75.18%	
General & Administrative Expenses								
Legislative								
Supervisor Fees	$	2,800.00	$	4,000.00	$	(1,200.00)	$	4,800.00	58.33%	
Financial & Administrative								
Public Officials' Liability Insurance	3,620.00		3,208.33		411.67	3,850.00	94.03%	
Trustee Services	7,590.19		5,833.33		1,756.86	7,000.00	108.43%	
Management	33,333.30		33,333.33		(0.03)	40,000.00	83.33%	
Engineering	15,435.50		9,583.33		5,852.17	11,500.00	134.22%	
Dissemination Agent	3,750.00		4,166.67		(416.67)	5,000.00	75.00%	
District Counsel	27,821.22		25,000.00		2,821.22	30,000.00	92.74%	
Assessment Administration	7,500.00		6,250.00		1,250.00	7,500.00	100.00%	
Reamortization Schedules	-		208.33		(208.33)	250.00	0.00%	
Audit	3,775.00		4,166.67		(391.67)	5,000.00	75.50%	
Arbitrage Calculation	-		1,000.00		(1,000.00)	1,200.00	0.00%	
Travel and Per Diem	44.51		250.00		(205.49)	300.00	14.84%	
Telephone	-		41.67		(41.67)	50.00	0.00%	
Postage & Shipping	185.02		416.67		(231.65)	500.00	37.00%	
Copies	-		1,666.67		(1,666.67)	2,000.00	0.00%	
Legal Advertising	5,618.51		7,916.67		(2,298.16)	9,500.00	59.14%	
Bank Fees	-		300.00		(300.00)	360.00	0.00%	
Miscellaneous	352.35		2,499.99		(2,147.64)	3,000.00	11.75%	
Office Supplies	125.00		208.33		(83.33)	250.00	50.00%	
Property Taxes	-		125.00		(125.00)	150.00	0.00%	
Web Site Maintenance	2,200.00		2,250.00		(50.00)	2,700.00	81.48%	
Holiday Decorations	400.00		5,000.00		(4,600.00)	6,000.00	6.67%	
Dues, Licenses, and Fees	175.00		145.83		29.17	175.00	100.00%	
Total General & Administrative Expenses	$	114,725.60	$	117,570.82	$	(2,845.22)	$  141,085.00	81.32%	

Boggy Creek Improvement District
Budget to Actual
For the Month Ending 07/31/2022

		Actual	Budget		Variance	FY 2022
Adopted Budget	Percentage Spent	

Field Operations Expenses								
Electric Utility Services								
Electric	$	4,268.05	$	4,583.33	$	(315.28)	$	5,500.00	77.60%	
Entry Lighting		-	416.67		(416.67)	500.00	0.00%	
Water-Sewer Combination Services								
Water Reclaimed		27,036.88	25,000.00		2,036.88	30,000.00	90.12%	
Other Physical Environment								
General Insurance		4,107.00	3,666.67		440.33	4,400.00	93.34%	
Property & Casualty		3,933.00	3,500.00		433.00	4,200.00	93.64%	
Other Insurance		-	83.33		(83.33)	100.00	0.00%	
Irrigation Repairs		33,469.40	50,000.00		(16,530.60)	60,000.00	55.78%	
Landscaping Maintenance & Material		223,894.40	230,699.17		(6,804.77)	276,839.00	80.88%	
Landscape Improvements		59,721.20	54,166.67		5,554.53	65,000.00	91.88%	
Tree Trimming		8,500.00	16,666.67		(8,166.67)	20,000.00	42.50%	
Contingency		10,466.81	54,171.25		(43,704.44)	65,005.50	16.10%	
Pest Control		1,510.00	2,516.67		(1,006.67)	3,020.00	50.00%	
Shuttle Financing								
Insurance		-	4,166.67		(4,166.67)	5,000.00	0.00%	
Maintenance		50,310.00	180,000.00		(129,690.00)	216,000.00	23.29%	
Vehicle Cost		147,039.77	298,333.33		(151,293.56)	358,000.00	41.07%	
BEEP Operating Costs		18,018.29	121,933.08		(103,914.79)	146,319.70	12.31%	
Interchange Maintenance Expenses								
IME - Aquatics Maintenance		2,713.74	2,870.83		(157.09)	3,445.00	78.77%	
IME - Irrigation Repair		2,576.46	2,708.33		(131.87)	3,250.00	79.28%	
IME - Landscaping		76,079.04	73,641.75		2,437.29	88,370.10	86.09%	
IME - Lighting		655.99	677.08		(21.09)	812.50	80.74%	
IME - Miscellaneous		99.12	3,520.83		(3,421.71)	4,225.00	2.35%	
IME - Water Reclaimed		371.39	1,354.17		(982.78)	1,625.00	22.85%	
Road & Street Facilities								
Entry and Wall Maintenance		3,493.72	12,500.00		(9,006.28)	15,000.00	23.29%	
Streetlights		58,426.52	80,325.17		(21,898.65)	96,390.20	60.61%	
Parks & Recreation								
Personnel Leasing Agreement		30,000.10	30,000.00		0.10	36,000.00	83.33%	
Reserves								
Infrastructure Capital Reserve		-	16,805.56		(16,805.56)	20,166.67	0.00%	
Interchange Maintenance Reserve		-	1,966.67		(1,966.67)	2,360.00	0.00%	
Total Field Operations Expenses	$	766,690.88	$ 1,276,273.90	$	(509,583.02)	$ 1,531,528.67	50.06%	

Total Expenses	
$	
881,416.48	
$ 1,393,844.72	
$	
(512,428.24)	
$ 1,672,613.67	
52.70%	

Income (Loss) from Operations	
$	
376,060.97	
$	(83.33)	
$	
376,144.30	
$	(100.00)		
Other Income (Expense)								
Interest Income	$	108.13	$	83.33	$	24.80	$	100.00	108.13%	
Total Other Income (Expense)	$	108.13	$	83.33	$	24.80	$	100.00	108.13%	
Net Income (Loss)	$	376,169.10	$	-	$	376,169.10	$	-		

Boggy Creek Improvement District
Budget to Actual
For the Month Ending 07/31/2022

		Oct-21			Nov-21			Dec-21	

Revenues									
Off-Roll Assessments	$	-		$	-		$	-	
Developer Contributions		-			-			62,218.00	
Carryforward Revenue		283,147.54			(124,651.84)			-	
Net Revenues	$ 283,147.54		$	(124,651.84)		$	62,218.00	
General & Administrative Expenses									
Legislative									
Supervisor Fees	$	400.00		$	400.00		$	-	
Financial & Administrative									
Public Officials' Liability Insurance		3,620.00			-			-	
Trustee Services		6,345.68			-			-	
Management		3,333.33			3,333.33			3,333.33	
Engineering		-			383.00			444.00	
Dissemination Agent		-			-			1,250.00	
District Counsel		-			-			4,388.65	
Assessment Administration		7,500.00			-			-	
Reamortization Schedules		-			-			-	
Audit		-			-			-	
Arbitrage Calculation		-			-			-	
Travel and Per Diem		-			-			15.07	
Telephone		-			-			-	
Postage & Shipping		-			-			87.47	
Copies		-			-			-	
Legal Advertising		1,317.52			-			248.75	
Bank Fees		-			-			-	
Miscellaneous		-			-			72.27	
Office Supplies		-			-			-	
Property Taxes		-			-			-	
Web Site Maintenance		125.00			125.00			425.00	
Holiday Decorations		-			-			400.00	
Dues, Licenses, and Fees		175.00			-			-	
Total General & Administrative Expenses	$	22,816.53		$	4,241.33		$	10,664.54	

Field Operations									
Electric Utility Services									
Electric	$	-		$	438.39		$	432.48	
Entry Lighting		-			-			-	
Water-Sewer Combination Services									
Water Reclaimed		-			4,013.53			2,220.82	
Other Physical Environment									
General Insurance		4,107.00			-			-	
Property & Casualty Insurance		3,933.00			-			-	
Other Insurance		-			-			-	
Irrigation Repairs		-			7,320.00			-	
Landscaping Maintenance & Material		22,389.44			22,389.44			22,389.44	
Landscape Improvements		19,158.00			10,455.20			18,194.00	
Tree Trimming		-			-			-	
Contingency		-			-			-	
Pest Control		-			-			-	
Shuttle Financing									
Insurance		-			-			-	

Jan-22

Feb-22

Mar-22

Apr-22

May-22	Jun-22

Jul-22

YTD Actual

$  875,594.19
223,387.56
158,495.70	
$ 1,257,477.45

$	2,800.00

3,620.00
7,590.19
33,333.30
15,435.50
3,750.00
27,821.22
7,500.00
- 3,775.00
- 44.51
- 185.02
- 5,618.51
- 352.35
125.00
- 2,200.00
400.00
175.00	
$	114,725.60

$	4,268.05

27,036.88
-

4,107.00
3,933.00

33,469.40
223,894.40
- 59,721.20
8,500.00
10,466.81
1,510.00	

$	23,106.17	$  51,977.26	$ 687,260.13	$  82,937.79	$	6,888.15	$  14,770.23	$	8,654.46	
-	29,797.00	21,580.18	21,838.47	1,446.00	41,888.00	44,619.91	
-	-	-	-	-	-	-	
$	23,106.17		$	81,774.26		$ 708,840.31		$ 104,776.26		$	8,334.15		$	56,658.23		$	53,274.37	

$	400.00	$	400.00	$	-	$	400.00	$	200.00	$	400.00	$	200.00

-	-	-	-	-	-	-	
-	-	-	-	-	1,244.51	-	
3,333.33	3,333.33	3,333.33	3,333.33	3,333.33	3,333.33	3,333.33	
-	1,969.00	706.50	777.90	1,909.60	6,902.50	2,343.00	
-	1,250.00	-	-	-	1,250.00	-	
-	1,906.00	6,466.84	2,612.00	-	3,643.00	8,804.73	
-	-	-	-	-	-	-	
-	-	-	-	-	-	-	
-	-	-	-	-	-	3,775.00	
-		-		-		-		-		-		-	
-		5.10		5.74		-		-		11.47		7.13	
-		-		-		-		-		-		-	
23.37		24.53		-		1.09		-		5.88		42.68	
-		-		-		-		-		-		-	
237.50		-		475.00		1,570.02		237.50		-		1,532.22	
-		-		-		12.00		(12.00)		-		-	
-		-		-		65.36		300.94		(118.35)		32.13	
-		125.00		-		-		-		-		-	
-		-		-		-		-		-		-	
125.00		-		260.00		-		570.00		-		570.00	
-		-		-		-		-		-		-	
-		-		-		-		-		-		-	
$	4,119.20		$	9,012.96		$  11,247.41		$	8,771.70		$	6,539.37		$  16,672.34		$	20,640.22	

$	448.44	$	445.54	$	505.26	$	599.30	$	477.72	$	466.38	$	454.54	
-	-	-	-	-	-	-	
3,372.41	2,813.90	1,871.10	2,590.84	3,114.73	3,793.37	3,246.18	
-	-	-	-	-	-	-	
-	-	-	-	-	-	-	
-	-	-	-	-	-	-	
2,838.60	1,880.40	7,256.60	-	7,626.20	1,120.00	5,427.60	
22,389.44	22,389.44	22,389.44	22,389.44	22,389.44	22,389.44	22,389.44	
6,912.00	-	540.00	-	4,000.00	-	462.00	
-	-	-	2,600.00	-	-	5,900.00	
-	-	-	9,785.43	681.38	-	-	
-	-	1,510.00	-	-	-	-	

-	-	-	-	-	-	-

Boggy Creek Improvement District
Budget to Actual
For the Month Ending 07/31/2022	

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

- 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

18,000.00
-
-

271.37
- 6,565.22
74.57
- 37.68

- 6,458.30

3,000.01

-
-
79,023.71

83,265.04 

(207,916.88)

8.47
8.47

(207,908.41)	

$

 $ 

$

$
$

$	
Dec-21	Jan-22	Feb-22

18,000.00	3,510.00	-
-	14,490.00	21,580.18
-	11,797.00	-

271.37	271.37	271.37
-	411.12	675.02
7,868.57	7,868.57	7,868.57
75.47	82.75	74.78
-	-	-
23.55	47.10	36.33

2,613.00	-	-
6,457.54	6,506.71	6,503.57

3,000.01	3,000.01	3,000.01

-	-	-
-	-	-
81,546.25	$	83,945.52	$  67,539.11

92,210.79   $	88,064.72   $  76,552.07 

(29,992.79)	$  (64,958.55)	$	5,222.19

8.12	$	6.68	$	6.19
8.12	$	6.68	$	6.19

(29,984.67)	$  (64,951.87)	$	5,228.38	
Mar-22

- 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

- 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	

$

 $ 

$

$
$

$	
May-22

3,600.00
14,400.00
2,956.88

271.38
494.00
7,868.58
66.98
- 56.74

- 6,505.14

3,000.01

-
-
77,509.18

84,048.55 

(75,714.40)

15.68
15.68

(75,698.72)	
Jun-22

3,600.00
14,400.00
1,694.41

271.38
536.12
7,868.58
70.44
- 59.43

- 6,494.59

-

-
-
$  62,764.14

 $  79,436.48 

$ (22,778.25)

$	14.05
$	14.05

$ (22,764.20)	

$

 $	

$

$
$

$	
Jul-22

3,600.00
14,400.00
1,570.00

271.38
- 7,868.58
66.90
- 46.20

- 6,492.75

6,000.02

-
-
78,195.59

98,835.81 

(45,561.44)

14.12
14.12

(45,547.32)	

 
YTD Actual

50,310.00
147,039.77
18,018.29

2,713.74
2,576.46
76,079.04

655.99
99.12
371.39

3,493.72
58,426.52

30,000.10	
$	766,690.88

-  881,416.48
$	
-
$	376,060.97

$	108.13	
$	108.13	
$	376,169.10	

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	
‐	‐	25,527.62	(155,927.38)	584,978.10	
‐	‐	73,616.66	(125,425.35)	533,169.41	
‐	‐	217,724.21	(233,425.91)	517,467.71	
‐	‐	‐	(49,639.94)	467,827.77 as of 08/04/2022	

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	
6/1/2022	584,978.10	
7/1/2022	533,169.41	
8/1/2022	517,467.71	

Totals		1,952,714.00	(1,798,380.81)	1,418,961.43	(1,223,617.73)

Boggy Creek Improvement District Construction Tracking - early August

Amount

Series 2018 Bond Issue
Original Construction Fund - Not To Exceed	$	25,000,000.00
Additions (Interest, Transfers from DSR, etc.)		166,800.07 Cumulative Draws Through Prior Month	(13,154,111.83)
==========
Construction Funds Available	$	12,012,688.24

Requisitions This Month
==========
Total Requisitions This Month	$	-
==========
Construction Funds Remaining	$	12,012,688.24

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

Total Committed Funding	$	-
==========	
Net Uncommitted		12,012,688.24