Title: Boggy Creek ID 07-18-2023 Agenda
Author: waldenj

BOGGY CREEK IMPROVEMENT DISTRICT

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, July 18, 2023, 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 June 20, 2023, Board of Supervisors’ Meeting (provided under separate cover)
Consideration of Resolution 2023-08, Approving an Annual Meeting Schedule for Fiscal Year 2024 (provided under separate cover)

Financing Matters
Consideration of PFM Financial Advisors Assessment Consulting Agreement (provided under separate cover)
Consideration of Resolution 2023-07, Supplemental Assessment Resolution (provided under separate cover)

Business Matters
Ratification of Promissory Note for Lake Nona Blvd Interchange – Ponds A and B
Discussion regarding Competitive Procurement of Underwriting Services
Ratification of Operation and Maintenance Expenditures Paid in June 2023 in an amount totaling $137,867.45 (provided under separate cover)
Ratification of Requisition No. 2018-298 – 2018-301 Paid in June 2023 in an amount totaling
$42,123.66 (provided under separate cover)
Recommendation of Work Authorizations/Proposed Services (if applicable)
Review of District’s Financial Position and Budget to Actual YTD (provided under separate cover)

Other Business
Staff Reports
District Counsel
District Manager
District Engineer

Landscape Supervisor
Irrigation Supervisor
Construction Supervisor
Supervisor Requests
Adjournment

Minutes of the June 20, 2023, Board of Supervisors’ Meeting (provided under separate cover)

Resolution 2023-08,
Approving an Annual Meeting Schedule for Fiscal Year 2024
(provided under separate cover)

PFM Financial Advisors Assessment Consulting Agreement (provided under separate cover)

Resolution 2023-07,
Supplemental Assessment Resolution
(provided under separate cover)

Promissory Note for Lake Nona Blvd Interchange – Ponds A and B

BOGGY CREEK IMPROVEMENT DISTRICT PROMISSORY NOTE
(LAKE NONA BOULEVARD INTERCHANGE - PONDS A AND B)

Owner:	Lake Nona Land Company, LLC

Principal Amount: Date:
Interest Rate:

$392,291.25

June 29, 2023

0.00%

BOGGY CREEK  COMMUNITY  DEVELOPMENT  DISTRICT,  a local unit of
special-purpose government established pursuant to Chapter 190, Florida Statutes (the "District"), for value received, hereby promises to pay to the Owner set forth above, or its successors or assigns, the principal and interest as shown above, in a single installment, or multiple installments as may be designated by the Owner, which will be due and payable when and if the District, in its sole discretion, issues a future series of bonds or other indebtedness (the "Pledged Revenues") the proceeds of which are legally available for the payment of such principal and interest under the terms of the indenture, loan agreement and other agreements applicable to the District's receipt of such Pledged Revenues; provided however, that such payment is contingent upon a determination by the District's bond counsel that the acquisition is properly compensable from the proceeds of the Pledged Revenues. This Note is given to finance the purchase price for certain real property as more particularly described in the Acquisition Agreement, as amended, by and between the District and Lake Nona Land Company, LLC. The District is under no obligation to ensure the availability of such Pledged Revenues at any time and the Owner shall have no right to compel the District to pay such principal or interest from any other source of funds.

This Note is issued under and pursuant to the Constitution and laws of the State of Florida, particularly Chapter 190, Florida Statutes. This Note is issued with the intent that the laws of the State of Florida shall govern its construction.

This Note shall have all the qualities and incidents, including negotiability, of investment securities within the meaning and for all the purposes of the Uniform Commercial Code of the State of Florida. This Note may be assigned by Owner without the consent of the District or any party.

All acts, conditions and things required by the Constitution and laws of the State of Florida and the ordinances and resolutions of the District to happen, exist and be performed precedent to and in the issuance of this Note have happened, exist and have been performed as so required.

In the event a condition of default occurs under this Note, then in such event, this Note and all sums due hereunder shall thereafter without any further notice or action by the Owner bear interest at the highest lawful rate of interest per annum permitted under the laws of the State of Florida from the date of such default. Notwithstanding any term, condition, obligation or provision herein to the contrary, it is the express intent of the Owner that no interest, consideration or charge in excess of that permitted in the State of Florida may be accrued, charged or taken or become payable hereunder. In the event it is hereafter determined that the Owner has taken, charged or reserved interest in excess of that permitted under Florida law, whether due to prepayment, acceleration or otherwise, such excess shall be refunded to the District or credited against the sums due the Owner hereunder.

The District hereby waives presentment for payment, demand, protest, notice of protest and notice of dishonor, and expressly agrees jointly and severally to remain and continue bound for the payment of the principal and interest provided for by the terms of this Note, notwithstanding any extension or extensions of the time of, or for the payment of said principal or interest, or any change or changes in the amount or amounts agreed to be paid under or by virtue of the obligation to pay proyided for in the Note, or any change or changes by way of release or surrender or substitution of any real property and collateral or either, held as security for this Note, and the District waives all and every kind of notice of such extension or extensions change or changes, and agrees that the same may be made without the joinder of the District.

THIS NOTE SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE DISTRICT, OR A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL, LEGISLATIVE OR CHARTER PROVISION OR LIMITATION, AND IT IS EXPRESSLY AGREED BY THE OWNER OF THIS NOTE THAT SUCH OWNER SHALL NEVER HAVE THE RIGHT, DIRECTLY OR INDIRECTLY, TO REQUIRE OR COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE DISTRICT OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF FLORIDA OR TAXATION IN ANY FORM ON ANY REAL OR PERSONAL PROPERTY FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON THIS NOTE.

IN WITNESS WHEREOF, the Boggy Creek Improvement District has caused this Note to bear the signature of its Chairman of its Board of Supervisors and the official seal of the District to be impressed or imprinted hereon and attested by the signature of the Secretary to the Board of Supervisors.

BOGGY CREEK IMPROVEMENT DISTRICT

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Title: Chair of the Board of Supervisors	Title: Secretary/Assistant Secretary

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Discussion regarding
Competitive Procurement of Underwriting Services

Operation and Maintenance Expenditures Paid in June 2023 in an amount totaling $137,867.45 (provided under separate cover)

Requisition Nos. 2018-298 – 2018-301
Paid in June 2023 in an amount totaling $42,123.66
(provided under separate cover)

Work Authorizations/Proposed Services
(if applicable)

District’s Financial Position and Budget to Actual YTD (provided under separate cover)