Poitras East Community Development District
12051 Corporate Boulevard, Orlando, FL 32817	Phone: 407-723-5900 http://poitraseastcdd.com/
The following is the proposed agenda for the upcoming Meeting of the Board of Supervisors for the Poitras East Community Development District ("District"), scheduled to be held at 4:00 p.m. on Tuesday, November 19, 2019 at 6900 Tavistock Lakes Blvd., Suite 200, Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.
If you would like to attend the Board Meeting by phone, you may do so by dialing:
Phone:	1-844-621-3956 (new)	Participant Code:	796 580 192# (new)
BOARD OF SUPERVISORS' MEETING AGENDA

Organizational Matters
Roll Call to Confirm Quorum
Public Comment Period
Consideration of the Minutes of the October 15, 2019 Board of Supervisors' Meeting
Business Matters
Consideration of Resolution 2020-01, Adopting a Revised Budget for FY 2019 (provided under separate cover)
Consideration of Matters Pertaining to District Financing (provided under separate cover)
Presentation of Draft Master Assessment Methodology Report
Consideration of Resolution 2020-02, Declaring Master Special Assessments
Consideration of Resolution 2020-03, Setting Public Hearing for Levy of Master Special Assessments
Consideration of Project Management Agreement
Ratification of Payment Authorization Nos. 039 - 044
Recommendation of Work Authorization/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
Supervisor Requests
Adjournment

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Poitras East Community Development District

Minutes of the October 15, 2019 Board of Supervisors' Meeting

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors' Meeting for the Poitras East Community Development District was called to order on Tuesday, October 15, 2019 at 4:00 p.m. at 6900 Tavistock Lakes Blvd, Orlando, FL 32827. Members listed below constituted a quorum.

Richard Levey Rob Adams Zachary Capps Heather Isaacs Ralph Ireland

Also, attending:

Jennifer Walden Jeff Newton Tucker Mackie Larry Kaufmann Emma Gregory

SECOND ORDER OF BUSINESS

Chair
Vice Chair Assistant Secretary Assistant Secretary
Assistant Secretary	(joined @ 4:06 p.m.)

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Donald W. McIntosh Associates, Inc. Hopping Green & Sams
Tavistock Development
Hopping Green & Sams (via phone)

Public Comment Period

Dr. Levey noted for the record that there were no members of the public present.

THIRD ORDER OF BUSINESS		Consideration of the Minutes of the August 20, 2019 Board of Supervisors Meeting

The Board reviewed the minutes of the August 20, 2019 Board of Supervisors Meeting.

On Motion by Ms. Isaacs, second by Mr. Adams, with all in favor, the Board of Supervisors for the Poitras East Community Development District approved the Minutes of the August 20, 2019 Board of Supervisors Meeting.

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FOURTH ORDER OF BUSINESS		Consideration	of Construction Funding Agreement by and between the District and TDCP, LLC

Ms. Mackie explained that the District is in a position where it will start to begin design and construction on its Capital Improvement Plan. This agreement commits the Developer to funding the District's Capital Improvement Plan until such time as Bonds are issued and then it provides for the reimbursement to the Developer upon the issuance of Bonds.

On Motion by Ms. Isaacs, second by Mr. Adams, with all in favor, the Board of Supervisors for the Poitras East Community Development District approved the Construction Funding Agreement by and between the District and TDCP, LLC, subject to further review by TDCP, LLC's Counsel.

FIFTH ORDER OF BUSINESS	Discussion Establishment

Regarding of	a

Construction Committee

Ms. Mackie recommended that this Board constitute a Construction Committee with the same individuals that serve the other Lake Nona Districts.

On Motion by Ms. Isaacs, second by Mr. Adams, with all in favor, the Board of Supervisors for the Poitras East Community Development District appointed a Construction Committee consisting of Larry Kaufmann, Scott Thacker, and Troy Davidson.

SIXTH ORDER OF BUSINESS		Consideration	of Authorization to Proceed with        Request      for
Qualifications	from Contractors  Interested in
Providing	Construction
Services	for	Master Infrastructure Improvements

Ms. Mackie explained that TDCP, LLC has designed and are engaging contractors for Phase 1A. It is likely the District will acquire that infrastructure from the Developer once it is fully completed. For future phases of the District's Improvement Plan, District staff would like to prepare the RFQ 2

for advertisement, receive qualifications from interested contractors, have the Construction Committee review those submittals received and make recommendations to this Board at the December meeting as to which Contractors should be pre-qualified.

On Motion by Ms. Isaacs, second by Mr. Adams, with all in favor, the Board of Supervisors for the Poitras East Community Development District Authorized District Staff to Proceed with Request for Qualifications from Contractors Interested in Providing Construction Services for Master Infrastructure Improvements.

SEVENTH ORDER OF BUSINESS		Consideration		of Authorization to Proceed with Request for Proposals for Construction Services Relating	to	Master Infrastructure Improvements

Ms. Mackie put this on the agenda as a placeholder thinking that the schedule for Phase 1B might not allow for sufficient time to pre-qualify contractors and then process an 1TB, but TDCP, LLC has confirmed that the project schedule will allow the District to conclude the qualification process and go out for an 1TB for that next phase. Accordingly, no action is requested.

EIGHTH ORDER OF BUSINESS		Ratification of Payment Authorization Nos. 035 - 038

Dr. Levey noted these have been approved and paid and just need to be ratified by the Board.

On Motion by Ms. Isaacs, second by Mr. Adams, with all in favor, the Board of Supervisors for the Poitras East Community Development District ratified Payment Authorization Nos. 035 - 038.

NINTH ORDER OF BUSINESS

There are none for this District.

Recommendation of Work Authorization/Proposed Services

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TENTH ORDER OF BUSINESS	Review of District's Financial Position and Budget to Actual YTD

The Board reviewed the financials. Ms. Walden noted that through the end of September the District is running under budget. Invoices can still come in through the end of next month for Fiscal Year 2019. Ms. Walden does not see the District going over $100,000.00. No action is required by the Board.

ELEVENTH ORDER OF BUSINESS	Staff Reports

District Counsel - District Manager -
District Engineer -

No Report

Ms. Walden noted that the next meeting is scheduled for November 19, 2019.

Mr. Newton noted that the Board just appointed a Construction Committee but it does not have a Construction manager. Ms. Mackie replied that District staff needs to follow up with TDCP, LLC because it is usually done through an employee lease agreement and staff will get it on next month's agenda. Mr. Kaufmann added that the District will also need a Landscape Manager.

TWELFTH ORDER OF BUSINESS	Supervisor and Audience Comments & Adjournment

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

On Motion by Ms. Isaacs, second by Mr. Ireland, with all in favor, the October 15, 2019 Meeting of the Board of Supervisors for the Poitras East Community Development District was adjourned.

Secretary/Assistant Secretary	ChairNice Chair

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Poitras East Community Development District

Resolution 2020-01,
Adopting a Revised Budget for FY 2019
(provided under separate cover)

Poitras East Community  Development  District

Matters Pertaining to District Financing
(provided under separate cover)

Poitras East Community Development District

Project Management Agreement

PROJECT MANAGEMENT AGREEMENT

This is a Project Management Agreement (the "Agreement"), dated and effective as of
 	, 2019, between the Poitras East Community Development District, a local unit of special purpose government organized and existing under Chapter 190, Florida Statutes (the "District") and 		, a Florida 	(the "Project Manager").
BACKGROUND AND PURPOSE
The District is seeking to fund infrastructure to serve lands within the District located in the City of Orlando, Florida.
The District has determined that it is in the best interests of the present and future landowners within the District to construct and deliver certain community development services and facilities within the District, including, without limitation, roadways, potable water, sanitary sewer, reclaimed water, utilities and street lighting, stormwater management and drainage, landscape and irrigation, and other infrastructure; and, all as described in that the certain Engineer's Report and Capital Improvement Program, dated May 21, 2019, as may be amended from time to time (such facilities, systems, and improvements are collectively referred to herein as the "Project").
In order to finance the cost of constructing the Project, the District intends to issue special assessment revenue bonds or bond anticipation notes (the "Bonds") or to fund such projects through a developer funding agreement approved by the District. The District's obligations hereunder are wholly contingent upon receiving funds through (i) the issuance and sale of the Bonds or (ii) a funding agreement with a developer containing terms acceptable to the District.
The District does not presently employ personnel nor is it otherwise interested in adding personnel or consultants sufficient to supervise construction of the Project and perform construction management services, contract management review services and certain technical services needed to support and ensure the quality of the envisioned construction. In addition, the District lacks the physical support facilities needed to properly and adequately supervise the
construction of the Project.
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The Project Manager is an affiliated company of the developer which is developing the land lying within the District and has personnel with the expertise necessary to perform on-site construction management, contract management review and certain technical and support services in a cost effective and efficient manner.
Given the relationship between the District and the Project Manager, the District has determined that it is in the District's best interest to enter into this Agreement with the Project Manager to provide the services described herein.
The Project Manager has agreed to perform the services provided for in this Agreement upon the terms and conditions set forth herein.
OPERATIVE PROVISIONS
Section 1.	Engagement of The Project Manager.
The District hereby engages the Project Manager to perform the services set forth herein with respect to various contracts for design, permitting, planning, scheduling, cost estimating, surveying, and construction of the Project (collectively the "Contracts") entered into or to be entered into between the District and certain construction and other firms (collectively, the "Contractors"). The Contracts include all contracts required to construct the Project.
Section 2.	Services to be Performed by The Project Manager.
The Project Manager shall supervise and coordinate all work in connection with Contracts for the Project; provided however, Project Manager shall report to and take guidance from the District. In connection with the performance of such duties, the Project Manager is hereby authorized, and the Project Manager agrees to perform the following:
Monitor Development Budget. Provide regular monitoring of the District's development budget for the Project, identify variances between actual and budgeted or estimated costs, and advise the District whenever projected costs exceed budgets or estimates for such costs. The Project Manager shall deliver cost reports to the District at each monthly meeting of the District,

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or at such other times as the District shall reasonably request and provide such other information as may reasonably be requested by the District.
Monitor Development Schedule.	Provide regular monitoring of the
District's development schedule for the Project, identify sources of delay, and advise the District whenever projected delays exist. The Project Manager shall deliver scheduling reports to the District at each monthly meeting of the District, or at such other times as the District shall reasonably request and provide such other information as may reasonably be requested by the District.
Proiect Scope.	Assist the District in developing, modifying and
refining the scope for the Project and shall propose any changes to the scope that the Project Manager deems necessary, beneficial or appropriate. In the event that the Project Manager identifies a change to the Project scope that the Project Manager believes to be necessary or beneficial to the Project, the Project Manager shall submit a proposal to the District describing the nature of the change in scope and providing as much detail as is available with regard to the change in the cost and schedule of the Project to accommodate the change in scope. The District shall approve or deny any changes in scope at the next board meeting held after being presented with a proposal by the Project Manager with specificity and suggestions. The failure of the District to approve a scope change at the next board meeting held after a proposal is made shall be deemed to be a denial of the proposal unless the District and the Project Manager mutually agree to extend the time for the District to consider the proposal. The Project Manager shall assist the District to amend the budget and schedule to accommodate any approved scope changes. The Project Manager shall have no liability for any delays caused by the District's approval process.
General Contractors. In accordance with all applicable bidding requirements and criteria for the District, recommend Contractors for specific scopes of work necessary to complete construction of the Project and shall negotiate with the Contractors and all
other subcontractors and suppliers of materials and services necessary to complete construction of

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the Project, subject to the approval of the District. The Project Manager shall recommend for selection by the District all other contractors and suppliers which the Project Manager reasonably believes may be necessary or helpful to complete the Project. Nothing in this Paragraph shall be construed to grant the Project Manager the authority to bind the District.
Project Engineer. Administer the engineering contracts for the Project and
coordinate the performance by the project engineers and other consultants having responsibility for the design of the Project and the preparation of the plans and specifications therefore. All plans and specifications for the Project shall be submitted to the District Engineer for its review and approval. The Project Manager shall review all requests for payment by such professionals and shall determine that all work and materials contained in such requests have been performed and provided to the Project.
Contracts.	Provide general administration of the Contracts and coordinate
the work of the Contractors with each other and with the activities and responsibilities of the Project Manager and the project engineers and other consultants to complete the Project. Specifically, during the construction period, the Project Manager shall:
Cause construction and progress meetings to be held at least monthly or at such other more frequent intervals as may be necessary to discuss such matters as procedures, progress, problems and scheduling, and cause prompt distribution of minutes for those meetings to all parties, including the District and District Engineer.
Use all reasonable efforts to obtain satisfactory performance from all parties performing services or providing materials and supplies to the Project. The Project Manager, from time to time, shall send suitably qualified personnel to oversee construction, monitor the progress of the work on the Project, and observe the Project. The Project Manager shall make recommendations to the District when it learns that the requirements of a contract are not being fulfilled and the nonperforming party will not take satisfactory corrective action. Nothing herein shall be construed to give the
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Project Manager control over any Contractor's construction means, methods, techniques, sequences, procedures or safety precautions and programs in connection with a Contractor's work on the Project. Upon authorization from the District, the Project Manager shall have the authority to require additional inspection or testing of work performed on the Project. The Project Manager shall furnish progress reports to the District monthly or at such other more frequent intervals as the District may reasonably request.
Recommend necessary or desirable changes to the Project, review requests for changes, assist in negotiating proposed change orders, submit recommendations to the District, and if accepted, cause the project engineer to prepare change orders. Notwithstanding any of the other provisions of this Agreement, the Project Manager shall be authorized to present change orders proposed by Contractors that will not increase the cost of the Project by more than twenty-five thousand dollars ($25,000.00) to the District Engineer for review and approval if the Project Manager deems such changes necessary and if the time necessary to obtain approval for such changes from the District would cause an overall delay to the completion of the Project or otherwise result in an increase in the cost of the Project.
Identify and recommend, with the project engineer's review and the District's approval, the professional services of consultants and testing laboratories, if required, and coordinate their services and monitor their reports; provided however, that Project Manager shall have no authority to select and retain professionals subject to the Consultants' Competitive Negotiation Act. The Project Manager shall not perform any services that could be considered "engineering" under the definition set forth in Chapter 471, Florida Statutes.

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Consult with the project engineer and the District if the Contractors request interpretations of the meaning and intent of the plans and specifications or any other matter and shall assist in the resolution of questions which may arise.
Collaborate with the project engineer in processing and approving shop drawings, samples, project data and other submittals; provided however, Project Manager shall not have the authority to approve change orders (except as provided in paragraph 2.6(c)) or pay requisitions. Project Manager acknowledges the District is subject to certain prompt payment responsibilities required by law. In no event shall the actions or omissions of the Project Manager result in a breach by the District of its prompt payment responsibilities.
When the Project Manager considers a Contractor's work or a designated portion thereof to be substantially complete, the Project Manager shall prepare or cause to be prepared a list of incomplete or unsatisfactory items and a schedule for their completion and submit to District Engineer. The Project Manager shall assist the project engineer in conducting inspections. After the project engineer certifies the date of substantial completion of the work, the Project Manager shall work with the project engineer and Contractor to coordinate the final correction and completion of the work.
Assist the project engineer m determining when the Project or a designated portion thereof is substantially complete. Use all reasonable efforts to secure and transmit to District required guarantees, permits, affidavits, releases, bonds and waivers. Deliver all keys, manuals, record drawings and maintenance stocks to the District.
Perform such additional administrative and coordinating functions as the District may reasonably deem necessary to accomplish the orderly and proper

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construction of the Project within the time and budgetary parameters set by District and in accordance with the approved plans and specifications for the Project.
Financing. Request disbursements to pay the cost of items in the District's development budget for the Project, subject to the review and approval of the District.
Dedication of Improvements to the City. Upon completion of certain units or phases of the Project, the District intends to dedicate certain improvements to other units of government. As necessary to assist the District Engineer, the Project Manager agrees to oversee and coordinate the inspections, subrnittals, and other requirements that must be met before the applicable units of government will accept the dedication and agree to maintain such improvements.
Limitations on The Project Manager's Duties. The Project Manager shall not be responsible for or have control of accounting or cash disbursements for the District, nor shall the Project Manager have the authority to approve change orders or pay requisitions except as provided in paragraph 2.6(c). The Project Manager shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work done on the Project, review construction means, methods, techniques, sequences or procedures for work performed by Contractors, review copies of requisitions received from Subcontractors and material suppliers and other data requested by the District to substantiate a Contractor's right to payment or ascertain how or for what purpose the Contractor has used money previously paid.
Section 3. Compensation.
Management Fee. In consideration of the performance by the Project Manager of the services to be provided pursuant to this Agreement, the District shall pay the Project Manager a management fee equal to ten dollars ($10.00) per year (the "Management Fee"). The Management Fee to be paid hereunder is based on certain assumptions by the Project Manager and the District as to the extent of ongoing construction activities and the amount of work required to supervise and monitor such construction. Upon the request of either the Project Manager or the District, the amount of the Management Fee shall be subject to review and renegotiation on the first
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or any subsequent anniversary of the effective date hereof. If the District terminates this Agreement for any reason, the Management Fee shall be paid through the effective date of such termination.
Reimbursable Expenses. In addition to the Management Fee, the Project Manager shall be entitled to be reimbursed for its reasonable and customary costs and expenses incurred by the Project Manager and its employees and consultants in the interest of the Project. Such expenses shall include, but not be limited to: expenses of transportation in connection with the Project, long-distance communications, fees paid for securing approval of authorities having jurisdictions over the Project (including all permit and impact fees), the cost of reproductions, postage, express deliveries, electronic facsimile transmissions, and costs for the handling of drawings, specifications and other construction documents ("Reimbursable Expenses"). All Reimbursable Expenses shall be supported by reasonable documentation.
Section 4. Term.
The term of this Agreement shall be for a one (1) year renewable period commencing as of the date written above (the "Commencement Date"). This Agreement shall automatically renew each year unless terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving at least thirty (3 0) days' written notice to the other party specifying the date the termination is to become effective. Notwithstanding the preceding sentence, if the Project Manager fails to substantially perform in accordance with the terms of this Agreement through no fault of the District, the District may issue written notice of its intent to terminate the Agreement to the Project Manager, setting forth the reasons for the termination and giving Project Manager thirty (30) days to cure the defaults. If Project Manager fails to cure or commence to cure for defaults requiring a cure period longer than thirty (30) days, the District may issue a second notice terminating the Agreement. The Project Manager may terminate this Agreement if the District fails to substantially perform in accordance with the terms of this Agreement through no fault of the Project Manager. In the event of such a default by the District, the Project Manager shall provide the District written notice of such default and thirty (30) days to cure such default. If the
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District fails to cure such default within thirty (30) days, the Project Manager may issue a second notice terminating the Agreement. Any termination of this Agreement shall not release District of its obligation to pay Project Manager the compensation and Reimbursable Expenses due for all periods prior to termination.

Section 5.
5.1

Management and Miscellaneous.
Management. The Project Manager shall provide the management and

personnel necessary to perform its obligations under this Agreement and shall be responsible for the payment of all payroll taxes and benefits and shall comply with all workmen's compensation requirements and any and all other laws and regulations required to employ the personnel to perform this Agreement. Further, the Project Manager shall be responsible for obtaining all necessary permits and registrations and shall comply with all codes, laws and regulations for the performance of the work required under this Agreement. Employees  of the  Project Manager shall be managed, supervised and take their day-to-day direction from the Project Manager. The District shall have the authority to request status reports or request the attendance of employees of the Project Manager at District meetings to provide status reports and updates to the District at reasonable intervals. It is acknowledged and agreed that the Project Manager is an independent contractor with respect to the duties to be performed by it under this Agreement. In no event shall this Agreement be construed as an employment agreement between the Project Manager and District. District and Project Manager shall not, by virtue of this Agreement, be construed as joint venturers or partners of each other, and neither shall have the power to bind or obligate the other. District and Project Manager acknowledge and agree that all services provided under this Agreement shall be by employees of Project Manager. In furtherance thereof, Project Manager shall be responsible for the payment of all compensation, taxes and employee benefits and other charges payable with respect to the employees providing services under this Agreement,

including, but not limited to, all applicable federal income tax withholding, FICA, FUTA tax, unemployment compensation and any other taxes or charges imposed by law with respect to such

employees.

Insurance.	At all times, the Project Manager shall provide insurance

coverage for its employees, any construction trailer, vehicle or structure used in connection with this Agreement pursuant to the following requirements:
The insurance required in this Agreement shall be on an "occurrence" basis, if available, and if not, on a "claims made" basis and shall be written for the following limits of liability as a minimum:
bodily injury
$1 million each occurrence
$1 million each aggregate
property damage
$1 million each occurrence
$1 million each aggregate
Comprehensive automobile liability insurance coverage for all owned, hired or non-hired vehicles, including loading or unloading thereof with the following limits of liability:
automobile bodily injury
$1 million each person
$1 million each occurrence
automobile property damage
$1 million each occurrence
Additional Insurance Terms.	All policies shall provide that they cannot be
canceled or materially altered except after thirty (30) days' advance written notice to the District and shall name the District as an additional insured.
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Applicable Law. This Agreement, and the rights and interests and obligations of the District and the Project Manager hereunder shall be governed by and construed in accordance with the laws of the State of Florida.
Entire Agreement; Assignment. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings relating to such subject matter. This Agreement shall inure to the benefit of, and be binding upon and enforceable by, the parties hereto and their respective successors and permitted assigns. Neither party to this Agreement may assign their rights or obligations hereunder without the prior written consent of the other party. Any purported assignment without such prior written consent is void.
No Modification. No modification to this Agreement shall be valid unless in writing and signed by the parties.
Notices. Any notice required by telecopy or permitted to be given under this Agreement shall be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or sent by expedited courier service to the addresses set forth below. Any notice shall be deemed given upon receipt.

If to District:

With a copy to:

If to Project Manager:

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Poitras East Community Development District
12051 Corporate Blvd.
Orlando, Florida 32817 Attn: District Manager

Hopping Green & Sams, P.A. 119 S. Monroe Street, Suite 300 Post Office B ox 6526 Tallahassee, Florida 32314 Attn: Tucker F. Mackie

6900 Tavistock Lakes Blvd., Suite 200
Orlando, Florida 32827

With a copy to:

If to District Engineer:

Attn:  	
Holland & Knight LLP
200 South Orange Avenue, Suite 2600
Orlando, Florida 32801 Attn: Sara W. Bernard
Poitras East Community Development District
12051 Corporate Blvd.
Orlando, Florida 32817 Attn: District Engineer

Prevailing Party. If it should become necessary for either of the parties to resort to legal action, the non-prevailing party shall pay all reasonable legal fees, the cost of collection and other expenses incurred by the predominantly prevailing party, including but not limited to attorneys' fees of in-house and outside counsel at all judicial levels.
Force Majeure. "Force Majeure Event" shall mean an event causing delay occasioned by a cause or causes beyond the control of the party whose performance is so delayed, including, without limitation: adverse weather conditions; earthquake; acts of God; war; war-like operations; civil commotion; riots; sabotage; terrorism; governmental or judicial action/inaction, regulation, legislation, or controls (including permitting or approval delays); third party lawsuits; moratoria; labor disturbances; or material shortages. The parties acknowledge and agree that a party's incompetence or failure to deploy reasonable resources to meet its obligations under any agreement shall not be deemed to constitute a Force Majeure Event as to such party. The failure of any Party to perform an obligation under this Agreement (other than monetary obligations) due to the occurrence of a Force Majeure Event shall not constitute an event of default or a breach of any such obligation. The Parties shall be obligated to (i) use all reasonable efforts to mitigate the adverse effect and duration of any Force Majeure
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Event which affects such Party and (ii) to perform all of their other obligations hereunder that are not affected by Force Majeure Event. As soon as possible after a Force Majeure Event occurs (and in no event later than ten (1 0) days after learning thereof), the affected Party shall give the other Party a statement describing the Force Majeure Event and its cause (to the extent known to such Party), a description of the conditions delaying the performance of such Party's obligations, an estimate of the expected duration of such Force Majeure Event and the probable impact of such Force Majeure Event on the effected Party' s performance hereunder. The Party effected by the Force Majeure Event shall answer any inquiries of the other Parties regarding the conditions caused by the Force Majeure Event and the effected Party's plans with respect thereto and shall provide any information concerning them as may be reasonably requested by the other Party. The effected Party shall also provide notice to the other Party of the cessation of the Force Majeure Event and the effected Party's ability to recommence performance of its obligations under this Agreement by reason of the cessation of the Force Majeure Event, which notice shall be given as soon as possible after the cessation of the Force Majeure Event. The suspension of performance under this Agreement resulting from such Force Majeure Event shall be of no greater scope and no longer duration than is necessary and the effected Party shall use commercially reasonable efforts to remedy its inability to perform; provided, however, that in the event the suspension of performance continues for ninety (90) days after the date of the occurrence, that Parties shall meet and discuss in good faith how best to proceed and, if they cannot agree, either Party may terminate this Agreement provided the Party seeking termination has used best efforts to mitigate and recover from the Force Majeure Event.
Indemnification. Project Manager agrees to defend, indemnify and hold the District harmless from and against any and all damages, losses or claims, including but not
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limited to legal fees and expenses, to the extent that such damages, losses or claims are attributable to actions, omissions or negligence of the Project Manager or its employees providing services under this Agreement. The Project Manager's obligations under this Subsection 5.10 shall survive any expiration or termination of this Agreement.
Limitations on Liability Preserved. Project Manager agrees that nothing contained in this Agreement shall constitute or be construed as a waiver of the District's limitations on liability set forth in Section 768.28, Florida Statutes, and other law.
Third-Party Beneficiaries. This Agreement is solely for the benefit of
the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.
Public Records. Project Manager understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public
records, and, accordingly, Lessor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 1 19.0701, Florida Statutes. Project Manager acknowledges that the designated public records custodian for the District is
Victoria Martinez ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Project Manager shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the 14

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 contract term and following the contract term if the Lessor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Lessor'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 the Project Manager, the Project Manager 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.

IF THE PROJECT MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROJECT MANAGER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 723- 5900, MARTINEZV@PFM.COM, OR AT 12051 CORPORATE BOULEVARD, ORLANDO, FLORIDA 32817.
Waiver.	No waiver of any breach of any term or condition of this Agreement shall be deemed to be a waiver of any subsequent breach of any term or condition of
a like or different nature.

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Unenforceability. If any provisions of this Agreement shall be held invalid or unenforceable, such invalidity or unenforceability shall not, if possible, affect the validity or enforceability of any other provision of this Agreement, and this Agreement shall, if possible, be construed in all respects as if such invalid or unenforceable provision were omitted.
Survival of Terms. The terms, conditions, obligations and covenants in this Agreement shall survive its execution by the parties hereto and the consummation of the transactions between the parties contemplated herein.
Captions. The captions used herein are inserted only as a matter of convenience and are not to be used in the interpretation of any provision hereof.
Execution in Counterparts. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.
[SIGNATURE PAGE TO FOLLOW]

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IN WITNESS THEREOF, the District and the Project Manager have caused this Agreement to be duly executed effective as of the day and year first above written.
Witnesses:
a Florida 	_

Print Name

Print Name

Attest:

Secretary/Assistant Secretary

By:  	
Its:  	

Poitras East Community Development District

By:	 Its: 	

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Poitras East Community Development District

Payment Authorization Nos. 039 - 044

Poitras East Community Development District

Payment Authorization #039
1 0/4/2019 
Item	
Payee	
Invoice	
General	
Fiscal	
No.		Number	Fund	Year	
1	Hopping Green & Sams
General Counsel Through 08/31/201 9	
110303	
$ 1 ,627.31	
FY 2019	
		
TOTAL	
$ 1 ,627.31		
			1 ,627.31	FY 2019	

Chairperson

Pollras East Community Development District c/o Flshklnd & Associates, Inc.
12051 Corporate Boulevard
Orlando. FL 32817

RECEIVED OCT 1 G· 2019

Poitras East Community Development District

Payment Authorization #040
1 0/1 1/2019 
Item	Payee
No.

1	Department of Economic Opportunity FY 201 9/2020 Special District Fee

Poitras East Community Development District c/o Fishkind & Associates, Inc.
12051 Corporate Boulevard
Ortando, Fl 32817

Invoice	General	Fiscal
Number	Fund	Year

74744	$	175.00

TOTAL	$	175.00

1 75.00

Chairperson

RECEIVED OCT 1 � 2019

Poitras East Community Development District

Payment Authorization #041
1 0/1 8/201 9
Item No.

Payee

Invoice Number

General Fund

Fiscal Year

1	Supervisor Fees - 1 0/1 5/2019 Meeting Richard Levey
Heather Isaacs

TOTAL

fLJ
Chairperson

$	200.00
$	200.00

$	400.00

400.00

FY2019

Poitras East Community Development District c/o Flshklnd & Associates. Inc.
12051 Corporate Boulevard
Orlando. FL 32817

RECEIVED OCT 1 9 2019

Poitras East Community Development District

Payment Authorization #042 10/25/2019
Item	Payee
No.
Donald W McIntosh Associates
Construction Engineering Services Through 1 0/04/2019 

Orlando Sentinel
Legal Advertising on 1 0/08/201 9 (Ad: 6448757)

Invoice Number

37146

1141 3390000

TOTAL

General	Capital
Fund	Fund

$562.50

$	233.75

$	233.75	$	562.50
$	796.25

Fiscal Year

FY 2019

562.50

Chairperson

Poilraa East Community Development Oislrlct c/o Fishknl & Assoc:iales, Inc.
12051 Corporala Bcuevanl
Orlando, FL 32817

Poitras East Community Development District

RECEIVED NOV O 5 2019

Payment Authorization #043
11/1/201 9
Item	Payee
No.
Hopping Green & Sams
General Counsel Through 09/30/2019 

PFM Group Consulting OM Fee: October 2019 Website Fee: October 201 9

Poitras East Community Development District c/o Fishkind & Associates, Inc.
1 2051 Corporate Boulevard
Orlando, FL 32817

Invoice Number

110777

DM-10-201 9-0065 DM-1 0-201 9-0066

TOTAL

Chairperson

General Fund

$	71 6.43

$ 2,916.67
$	1 25.00

$ 3,758. 10 

$ 3,758.10 

716.43
3,041 .67

Fiscal Year

FY 2019 

Poitras East Community Development District

Payment Authorization #044 11 /8/201 9
Item
No.
1	Orlando Sentinel

Payee

Invoice Number

General Fund

Fiscal Year

Legal Advertising on 10/21/2019 (Ad: 6483359 ; Reference OSC1 1940363)

Polras East Communly Development OIStlk:I e/o Flshklnd & Assoc:lates, Inc.
1 2051 Co!porate Boulevard
Orlando, FL 32817

11 940363000

TOTAL

Chairperson

$	346.25

$	346.25
$	346.25

346.25

Poitras East Community Development District

Recommendation of Work Authorization/Proposed Services (if applicable)

Poitras East Community Development District

District's Financial Position and Budget to Actual YTD

Poitras East CDD Statement of Activities As of 1 0/31 /201 9

General Fund

Capital Projects Fund

Total

Revenues

Inter-Fund Transfers In	($625.00)		($625.00)	
Inter-Fund Transfers In		$625.00	625.00	
Total Revenues	($625.00)	$625.00	$0.00	

Supervisor Fees	$400.00		400.00	
D&O Insurance	2,306.00		2,306.00	
Legal Advertising	233.75		233.75	
Dues, Licenses, and Fees	1 75.00		1 75.00	
General Insurance	2,819.00		2,819.00	
Total Expenses	$5,933.75	$0.00	$5,933.75	

her Revenues (Expenses} & Gains (Losses}

Total Other Revenues (Expenses) & Gains (Losses)	$0.00	$0.00	$0.00	
Change In Net Assets	($6,558.75)	$625.00	($5,933.75)	

Net Assets At Beginning Of Year	$20,053.45	($625.00)	$19,428.45	

Net Assets At End Of Year	$1 3,494.70	$0.00	$1 3,494.70	

Expenses

Ot

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Poitras East COD Statement of Financial Position
As of 10/31 /2019 

Current Assets

General Fund

Assets

Capital Projects Fund

Total

General Checking Account	$14,21 1.13 		$14,21 1.13 	
Total Current Assets	$14,21 1. 13 	$0.00	$14,21 1.13 	

Total Assets	
$14,21 1.13 	
$0.00	
$14,21 1. 13 	

Liabilities and Net	
Assets			
Current LiabiUties Accounts Payable	
$71 6.43		
$71 6.43	
Total Current Liabilities	$71 6.43	$0.00	$71 6.43	

Total Liabilities	
$71 6.43	
$0.00	
$71 6.43	

Net Assets
Net Assets - General Government	
$20,053.45		
20,053.45	
Current Year Net Assets, Unrestricted	(6,558.75)		(6,558.75)	
Net Assets - General Government		($625.00)	($625.00)	
Current Year Net Assets - General Government		625.00	625.00	
Total Net Assets	$1 3,494.70	$0.00	$1 3,494.70	
Total Liabilities and Net Assets	$14,21 1.13 	$0.00	$14,21 1.13 	

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Poitras  East COD
Budget     to     Actual For the Month Ending 1 0/31 /2019 

Year To Date
FY 2020
Actual	Budget	Variance	Adopted Budget

Developer Contributions	$	$	15,212.50	$	(1 5,212.50)	$ 1 82,550.00	
Net Revenues	$	$	15,212.50	$	(1 5,212.50)	$ 1 82,550.00	
eneral & Administrative Ex�nses
Supervisor Fees	$	400.00	$	400.00	$	$	4,800.00	
D&O Insurance	2,306.00	208.33	2,097.67	2,500.00	
Trustee Services		500.00	(500.00)	6,000.00	
Management		2,916.67	(2,916.67)	35,000.00	
Engineering		1 ,000.00	(1 ,000.00)	12,000.00	
Dissemination Agent		416.67	(41 6.67)	5,000.00	
District Counsel		2,083.33	(2,083.33)	25,000.00	
Assessment Administration		625.00	(625.00)	7,500.00	
Reamortization Schedules		41 .67	(41 .67)	500.00	
Audit		500.00	(500.00)	6,000.00	
Travel and Per Diem		41 .67	(41.67)	500.00	
Telephone		8.33	(8.33)	1 00.00	
Postage & Shipping		8.33	(8.33)	1 00.00	
Copies		8.33	(8.33)	1 00.00	
Legal Advertising	233.75	666.67	(432.92)	8,000.00	
Miscellaneous		710.42	(710.42)	8,525.00	
Web Site Maintenance		225.00	(225.00)	2,700.00	
Dues, licenses, and Fees	1 75.00	14.58	160.42	1 75.00	
General Insurance	2,819.00	254. 17 	2,564.83	3,050.00	
Landscaping Maintenance & Material		4,583.33	(4,583.33)	55,000.00	
Total General & Administrative Expenses	$	5,933.75	$	15,212.50	$	(9,278.75)	$ 182,550.00	

Total Expenses	
$	51933.75	
$	151212.50	
$	19.278.751	
$	
1 a21sso.oo	
Net Income (Loss)	$	(5,933.75)	$	$	(5,933.75)	$		

Revenues

G

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