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, April 20, 2021 at Courtyard Orlando Lake Nona, 6955 Tavistock Lakes Blvd, Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.

Please use the following information to join via the 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 Quorum
Public Comment Period
Consideration of the Minutes of the March 16, 2021 Board of Supervisors’ Meeting (provided under separate cover)

Business Matters
Review of Fiscal Year 2022 Operations and Maintenance Budget (provided under separate cover)
Consideration of Award of Construction for Traffic Signalization Improvements
Construction Committee Recommendation
Consideration of Award of Construction Services for Master Infrastructure Phase 1C and Centerline Drive Segment F
Construction Committee Recommendation
Discussion Regarding Synovus Banking Fees
Consideration of Reclaimed Water Easement
Ratification of Payment Authorization Nos. 99-103
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
Construction Supervisor
Landscape Supervisor
Irrigation Supervisor
Supervisor Requests

Adjournment

Poitras East Community Development District

Minutes of the March 16, 2021 Board of Supervisors’ Meeting
(provided under separate cover)

Poitras East Community Development District

Fiscal Year 2022 Operations & Maintenance Budget
(provided under separate cover)

Poitras East Community Development District

Award of Construction for Traffic Signalization Improvements

Construction Committee Recommendation

Poitras East Community Development District
Traffic Signalization Improvements at the Intersection of Narcoossee Road and Luminary Boulevard Proposal Analysis

Available Points	New Florida
Industrial Electric	Traffic Control
Devices	
Bid Price		$444,277.90	$479,300.00	
Bid Days		206	360	
				
Personnel	20	20	20	
Experience, Bonding Capacity & Available Equipment	20	20	20	
Understanding of Scope of Work	5	5	5	
Schedule*	25	25	10	
Price**	30	30	28	
Total	100	100	83	

*20 Points will be awarded to the Proposer submitting the proposal with the most expedited construction
schedule (i.e., the fewest number of days) for completing the work. All other proposals will receive a percentage of this amount based upon the difference between the Proposer's time proposal and the most expedited construction schedule.
5 Points are allocated for the Proposer's ability to credibly complete the project within the Proposer's
schedule and demonstrate on-time performance.	
**20 Points will be awarded to the Proposer submitting the lowest cost proposal for completing the work. All other Proposers will receive a percentage of this amount based upon the difference between the Proposer’s bid and the low bid.
10 Points are allocated for the reasonableness of unit prices and balance of bid.	

F:\Proj2017\17170\ENGadmin\Prod\ep087 Traffic Signal Proposal Analysis

Poitras East Community Development District

Award of Construction Services for Master Infrastructure Phase 1C and Centerline Drive Segment F

Poitras East Master Infrastructure Phase 1C

PHASE 1	POITRAS EAST
D POITRAS COMMUNITY DEVELOPMENT DISTRICT	COJIJIUNITY	DEVBLOPJIENT	DISTBICT
EXHIBIT C
*■  ■ ■ ■  =  MASTER  INFRASTRUCTURE  IMPROVEMENTS	PHASE   1.	DIPBOVEJIBNTS
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RESIDENTIAL ROADWAYS AND TRACTS ARE DIAGRAMMATIC AND SUBJEC T TO CHANGE	Uj	DONALD w. MCINTOSH ASSOCIATES,   INC.
'	ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH , WINTER PARK, FL 327B9 407 .644.4068	
Printed: Wed 13-May-2020 - 08: .f-OAM

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Centerline Drive Segment F

EXHIBIT	C GREENEWAY
IMPROVEMENT	DISTRICT
PLANNED IMPROVEMENTS

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PLANNED IMPROVEMENT PLANNED TRAFFIC SIGNAL

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SHEET 2 OF 2

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RESIDENTIAL ROADWAYS AND TRACTS AR E DIAGRAMMATIC AND SUBJECT TO CH ANGE

ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORID A 32789 (407) 644- 4068 CERTIFICATE OF AU THORI ZATION NO. LB6 8

Printed:  Wed 07-0ct-2020 - 02:20PM
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Construction Committee Recommendation

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT	
MASTER INFRASTRUCTURE PHASE 1C AND CENTERLINE DRIVE SEGMENT F	
BID SUMMARY	
April 5, 2021	

Contractor	
JMHC, Inc.	
Jr. Davis Construction	
Master Infrastructure Phase 1C			
Bid	$	6,134,065.50	$	6,745,718.06	
Bid Tabulation	$	6,134,062.32	$	6,745,718.06	
Difference	$	3.18	$	-	
Alternate 1	$	103,425.00	$	499,795.24	
Alternate 2	$	84,808.50	$	403,136.90	
			
Centerline Drive Segment F			
Bid	$	1,123,656.10	$	1,359,819.13	
Bid Tabulation	$	1,123,656.10	$	1,359,819.13	
Difference	$	-	$	-	
Alternate 1	$	-	$	113,613.90	
Alternate 2	$	-	$	100,846.50	
Alternate 3	$	1,472,581.15	$	1,054,592.50	
Alternate 4	$	-	$	2,500.00	
			
Combined Master Infrastructure 1C and
Centerline Drive Segment F			
Bid	$	7,257,721.60	$	8,105,537.19	
Bid Tabulation	$	7,257,721.60	$	8,072,014.77	
Difference	$	-	$	33,522.42	
Alternate 1	$	103,425.00	$	613,395.82	
Alternate 2	$	84,808.50	$	402,971.74	
Alternate 3	$	1,472,581.15	$	1,054,646.80	
Alternate 4	$	11,575.00	$	2,500.00	

F:\Proj2017\17170\ENGadmin\Prod\ep046 Master Infra 1C and Centerline Seg F Bid Summary

Poitras East Community Development District

Synovus Banking Fees

S YN O VU S
PRO FORMA ANALYSIS PREPARED FOR
Poitras East COD

Balance Summary		
NUMBER OF DAYS IN CYCLE	31	Balances as of:		October 31, 2020	
AVERAGE LEDGER BALANCE			+	$997.21	
LESS FLOAT				$0.00	
PLUS NEGATIVE AVERAGE COLLECTEDBALANCES			+	$0.00	
AVERAGE COLLECTED BALANCE				$997.21	
LESS FEDERAL RESERVE REQUIREMENT	0%			$0.00	
AVERAGE INVESTABLE BALANCE				$997.21	

EARNINGS CREDIT (Based on 366 Day Year)	0.25%		
+	$0 .21	
ANALYZED FEES				 	$171 .02  	
NET SERVICECHARGE				($170 .81)	

EXCESS COLLECTED BALANCES				$0.00	
ADDITIONAL COLLECTED BALANCES TO OFFSET ANALYlED FEES				$806,658.53	

Service Detail
The fees listed below are based on information gathered from your company and is not an invoice for services. Prices are subject to change and any services not listed will be charged the Bank's standard fees.

SERVICES	VOLUME

DEPOSITORY SERVICES

PROPOSED FEE

TOTAL PROPOSED FEE

BALANCES REQUIRED

Monthly Maintenance Fee	1	$19.0000	$19.00	$89,729	
NSF/ Overdraft Fee	0	$36.0000	$0.00	$0	
Negative Collected Balance Fee	0	P+4.0%	$0.00	$0	
Deposits	0	$0.8000	$0.00	$0	
Items Deposited Total	10	$0.1300	$1.30	$6,139	
Items Deposited CCH	0	$0.1300	$0.00	$0	
Items Dep Local Fed-City	0	$0.1300	$0.00	$0	
Items Dep Local Fe-d RCPC	0	$0.1300	$0.00	$0	
Items Dep Local Fed-RCPC	0	$0.1300	$0.00	$0	
Items Dep Non-LocalFed-City	0	$0.1300	$0.00	$0	
It em s Dep Non-LocalFed-RCPC	0	$0.1300	$0.00	$0	
Items Dep On Us	0	$0.1300	$0.00	$0	
Return Deposited Item	0	$9.0000	$0.00	$0	
Redeposited Return Item	0	$9.0000	$0.00	$0	
Deposit Corrections	0	$3.0000	$0.00	$0	
Checks Paid	4	$0.1800	$0.72	$3,400	
Stop Payment	0	$34.0000	$0.00	$0	
Check Block Monthly Fee per Account	0	$20.0000	$0.00	$0	
ACH Block Monthly Fee per Account	0	$20.0000	$0.00	$0	
Total Depository Services	25		$21.02	$99,269	
DOMESTIC WIRE TRANSFER					
Domestic Wire Transfer Incoming	0	$18.0000	$0.00	$0	
Domestic Wire Transfer Outgoing	0	$30.0000	$0.00	$0	
Domestic Wire Transfer Out BIB	0	$18.0000	$0.00	$0	
Total Domestic Transfer	0		$0.00	$0	

BUSINESS INTERNET BANKING
Level1

CONFIDENTIAL

Page 1

PROPOSED	TOTAL

BALANCES

SERVICES	VOLUME

FEE

PROPOSED
FEE

REQUIRED

BIB Level 1 ImplementationFee	0	$0.0000	$0.00	$0	
BIB Level 1 Monthly Fee (Up to 7 accounts)	1	$0.0000	$0.00	$0	
BIB Level 1 Additional Account Fee (Each account over 7)	0	$7.0000	$0.00	$0	
Level 2					
BIB Level 2 Implementat ion Fee	0	$100.0000	$0.00	$0	
BIB Level 2 Monthly Fee (Up to 5 accounts)	0	$65.0000	$0.00	$0	
BIB Level 2 Additional Account Fee (Each account over 5)	0	$7.0000	$0.00	$0	
Level 3					
BIB Level 3 ImplementationFee	0	$100.0000	$0.00	$0	
BIB Level 3 Monthly Fee (Up to 5 accounts)	0	$100.0000	$0.00	$0	
BIB Level 3 Additional Account Fee (Each account over 5)	0	$7.0000	$0.00	$0	
Other					
Bill Pay	1	$0.0000	$0.00	$0	
Bill Pay Over The limit (Payments 1 to 50 - No Charge)	0	$0.8000	$0.00	$0	
Bill Pay Inactivity Fee	0	$10 .9500	$0.00	$0	
BIB Addi InfoReport Fee	0	$6.0000	$0.00	$0	
BIB Addi ACH App Fee	0	$6.0000	$0.00	$0	
BIB Token Fee		$37.5000	$0.00	$0	
Total Business Internet Banking	2		$0.00	$0	
IRECTCONNECT
Direct Connect Month ly Fee	0	$18.0000	$0.00	$0	
Total Direct Connect	0		$0.00	$0	
CCOUNT PROTECTION & RECONCILIATION
AP&R Positive Pay-Payee Positive Pay	
AP&R Positive Pay Monthly	1	$40.0000	$40.00	$188,903	
AP&R Per Item Man Entry	0	$0.0800	$0.00	$0	
AP&R Per Item File Import	0	$0.0800	$0.00	$0	
AP&R Per Item FTP	0	$0.0800	$0.00	$0	
AP&R Monthly Transmission	0	$35.0000	$0.00	$0	
AP&R Positive Pay Implement	0	$100.0000	$0.00	$0	
AP&R Payee Positive Pay Monthly	1	$10.0000	$10.00	$47,226	
AP&R Payee Positive Pay Per Item	0	$0.0200	$0.00	$0	
AP&R Payee Positive Pay ImplementationFee	0	$100.0000	$0.00	$0	
APlt<R Reverse Positive Pay					
AP& Rev Positive Pay Monthly	0	$40.0000	$0.00	$0	
AP&R Rev Posi tive Pay Per Item	0	$0.0800	$0.00	$0	
AP R Rev Positive Pay Implementation Fee	0	$100.0000	$0.00	$0	
AP&R ACH Positvie Pay (PP)					
AP&R ACH PPay Addi Co ID	0	$5.0000	$0.00	$0	
AP&R ACH PPay Mo per Acct	1	$40.0000	$40.00	$188,903	
AP&R ACH PPay Suspt Tran	0	$0.3500	$0.00	$0	
AP&R ACH PPay Return Dec	0	$0.3500	$0.00	$0	
AP&R ACH PPay Acct Maint	0	$5.0000	$0.00	$0	
AP&R ACH PPay Pay Dec	0	$0.350 0	$0.00	$0	
AP&R ACH Pos Pay Imp!	0	$100.0000	$0.00	$0	
Total Account Protection & Reconciliation	3		$90.00	$425,032	
EMOTE DEPOSIT CAPTURE
Remote Express Deposit (RED) Premium	
RED Monthly Fee (includes 1 account)	1	$60.0000	$60.00	$283,355	
RED Additional Account Fees (2-10)	0	$12.0000	$0.00	$0	
RED Additional Account Fees (11 -35)	0	$7.0000	$0.00	$0	
RED Additional Account Fees (36+)	0	$5.0000	$0.00	$0	
Total Remote Deposit capture	1		$60.00	$283,355	
Remote Express DepScanner Equipment Charges	0	$0.0000	$0.00		
INGLE SERVICE ONLINE STOP PAYMENTS
Stop Payment ImplementationFee	0	$25.0000	$0.00	$0	
Stop Payment (per acct, per month)	0	$15.0000	$0.00	$0	

D

A

R

S

CONFIDENTIAL	Page 2

PROPOSED

TOTAL	BALANCES

SERVICES

VOLUME

FEE

PROPOSED FEE

REQUIRED

Tota l Si ngle Servi ce Online Stop Payments	0		$0.00	$0	
	0	$0.0000	$0.00	$0	
	0	$0.0000	$0.00	$0	
	0	$0.0000	$0.00	$0	
	0	$0.0000	$0.00	$0	
	0	$0.0000	$0.00	$0	
	0	$0.0000	$0.00	$0	

TOTAL PROPOSED FEES	0		
$171.02	$0	
TOTAL PROPOSEDFEES Plus Equipment Charges			$171.02		
AVERAGE COLLECTEDBALANCE REQUIRED TO OFFSET MONTHLYCHARGES				$807,655.74	

CONFIDENTIAL	Page 3

Poitras East Community Development District

Reclaimed Water Easement

NARCOOSSEE ROAD

HESSE ROAD

POND 12B

N-5 NORTH MULTI-FAMILY LOT

SELTEN WAY

KEY MAP

This item has been digitally signed and sealed by JOSEPH J. YANNUCCI, JR., PE on the DATE shown in the digital signature. Printed copies of this document are not considered signed and sealed and the Digital Signature must be verified on any electronic copies.

Langan Engineering and Environmental Services, Inc.

© 2018 Langan

T: 407.974.2913    F: 786.264.7201 www.langan.com

Date: 3/16/2021 Time: 14:03 User: ajain Style Table: Langan.stb Layout: Layout1 Document Code: 100654905-0305-CU401-0101

Prepared By and Return To:

Sara W. Bernard, Esquire Holland & Knight LLP
200 South Orange Avenue, Suite 2600
Orlando, Florida 32801

RECLAIM WATER EASEMENT AGREEMENT
(Lake Nona Station)

THIS RECLAIM WATER EASEMENT AGREEMENT (the “Agreement”) is made and entered into this           day of	, 2021 by and between POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT, a local unity of special-purpose government established pursuant to Chapter 190, Florida Statues, and located within the City of Orlando, Florida, whose mailing address is 12051 Corporate Boulevard, Orlando, Florida 32817 (the “Grantor”), and the CITY OF ORLANDO, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is 400 South Orange Avenue, Orlando, Florida 32801 (the “Grantee”) (Grantor and Grantee are sometimes together referred to herein as the “Parties” and separately as the “Party”).

W I TNE S S ET H :

WHEREAS, Grantor is the owner in fee of that certain real property being more particularly described and depicted in Exhibit “A” attached hereto and by this reference incorporated herein (the “Easement Area”); and

WHEREAS, Grantor desires to grant in favor of Grantee, and Grantee desires to accept from Grantor, a permanent, non-exclusive reclaim water easement on, upon, over, under, across and through the Easement Area for the limited purposes of operating, maintaining, repairing, replacing, and restoring a backflow preventer, meter, and mainline which Grantor has constructed and installed (or will construct and install), together with related improvements and other reclaim water facilities, if inspected and approved by the Grantee (collectively, the “Facilities”), subject to the provisions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the Parties, the Parties do hereby agree as follows:

Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Grant of Easement. Grantor does hereby grant, bargain, sell and convey to Grantee a permanent, non-exclusive reclaim water easement on, upon, over, under, across and through the Easement Area for the limited purposes of operating, maintaining, repairing, replacing,

1
#81307578_v2 162747.00011

and restoring the Facilities, and for reasonable access to and from the Facilities, in accordance with and subject to any and all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto (the “Easement”). Notwithstanding the foregoing, nothing contained herein shall be deemed to create or grant any right to use the Easement Area for the provision of general utilities or communication services.

Right of Relocation. Grantor shall have the right from time to time to relocate or reconfigure all or any portion of the Easement Area and/or Facilities as it deems necessary or desirable for the future development of Grantor’s lands. During the term of this Agreement, Grantee hereby consents to any relocation or reconfiguration of the Easement Area and/or Facilities (either in whole or in part) proposed by Grantor; provided that (i) Grantor shall pay for all costs and expenses for the relocation or reconfiguration of the Easement Area and/or Facilities (either in whole or in part) in compliance with all governmental permits, approvals, and requirements; (ii) any relocation or reconfiguration of the Easement Area does not reduce the existing or permitted capacity of the Facilities; (iii) Grantee shall not be required to incur any additional repair or maintenance costs associated with the relocation or reconfiguration of the Easement Area and the Facilities; (iv) Grantor shall convey to Grantee any additional easements necessary to access the relocated or reconfigured Easement Area and Facilities for repair and maintenance activities; and (v) Grantor shall deliver to Grantee an amendment to this Agreement together with a legal description for the relocated Easement Area and/or Facilities (either in whole or in part), as applicable, including any easements necessary for access to the relocated or reconfigured Easement Area and/or Facilities for repair and maintenance activities. After execution of such amendment the rights of Grantee shall automatically extend and fully apply to such relocated easement area to the same extent as they applied prior to such relocation or reconfiguration of the Easement Area and/or Facilities, and subject to all of the conditions for relocation or reconfiguration being satisfied, the rights of Grantee as to the relocated or reconfigured Easement Area and/or Facilities (either in whole or in part) shall be released and immediately revert to the Grantor, its successors, transferees and assigns.

Repair and Maintenance.

Grantee shall repair and maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair and maintain. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and shall keep the same in good order and repair in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth herein. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations shall not take effect until construction of the Facilities has been completed and Facilities have been accepted by the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations.

In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standards, Grantor may deliver a notice to Grantee setting forth the maintenance deficiencies, whereupon Grantee shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In

2
#81307578_v2 162747.00011

the event the deficiencies are not remedied in a reasonable fashion within such fifteen (15) day period, or within such forty-eight (48) hour period in case of emergency, Grantor shall have the right to undertake all reasonably necessary maintenance and repair itself and recover from Grantee the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreement.

Damage. In the event that Grantee, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialmen) cause damage to the Easement Area and Facilities (or any other real or personal property not owned by Grantee) Grantee, at its sole cost and expense, agrees to promptly commence the restoration and repair of the same to as nearly as practical the original condition and grade and shall diligently pursue and cause the completion of the same within thirty (30) days after receiving written notice of any such damage. In the event any required restoration and repair hereunder is not completed by Grantee within such thirty (30) day period, Grantor shall have the right to undertake all reasonably necessary restoration and repair itself and recover from Grantee the actual, third party out-of-pocket expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreement. In the event that Grantor, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialmen) cause damage to the Easement Area and Facilities, Grantor, at its sole cost and expense, agrees to promptly commence the restoration and repair of the same to as nearly as practical the original condition and grade and shall diligently pursue and cause the completion of the same within thirty (30) days after receiving written notice of any such damage. In the event any required restoration and repair hereunder is not completed by Grantor within such thirty (30) day period, Grantee shall have the right to undertake all reasonably necessary restoration and repair itself and recover from Grantor the actual, third party out-of-pocket expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreement.

Assignment and Termination. Grantee may not assign its rights and obligations under this Agreement to any person or entity without the prior written consent of Grantor, which may not be unreasonably withheld, conditioned or delayed. If the Easement shall be abandoned by Grantee or terminated in any manner, all rights and privileges hereunder shall cease and the easement privileges and rights herein granted shall revert to Grantor. If the Easement Area or any portion thereof is conveyed, platted or otherwise dedicated to and accepted by the City of Orlando preserving the easement rights created hereunder, this Agreement shall automatically terminate as to the Easement Area or any portion thereof being platted or otherwise dedicated.

Insurance. Grantor and Grantee acknowledge that the Grantee, as a governmental entity, self-insures its general liability, automobile liability and Worker’s Compensation exposure(s). Grantee shall ensure that any contractors (and their subcontractors, employees and materialmen) performing work for Grantee on the Easement Area, shall at all times maintain general public liability insurance to afford protection against any and all claims for personal injury, death or property damage arising directly or indirectly out of the exercise of the rights and privileges granted. Said insurance shall be issued by solvent, reputable insurance companies authorized to do business in the State of Florida, naming Grantor as an additional insured, in a combined-single limit of not less than $1,000,000.00 with respect to bodily injury or death and property damage. Said insurance shall also be primary, and not contributory, as to any insurance

3
#81307578_v2 162747.00011

coverage maintained by Grantor. Nothing in this Agreement operates as a waiver of the Grantee’s grant of sovereign immunity or the limits of liability established under Florida law. Furthermore, nothing in this Agreement operates to allow a claim otherwise barred by sovereign immunity or other operation of law.

Indemnification. To the extent permitted by law and without waiving sovereign immunity and any of the protections afforded by §768.28, Florida Statutes, and without waiving the limits of liability established under Florida law, each Party hereby agrees to indemnify and hold harmless (the “Indemnifying Party”) the other Party, its officers, staff, elected and appointed officials or employees from and against any and all actions, causes of action, claims, demands, liabilities, judgments, costs, expenses whatsoever (including, without limitation attorneys’ fees at trial and appellate levels) to the extent arising out of the negligent acts or omissions or intentional misconduct of such Indemnifying Party’s officers, staff, elected and appointed officials or employees or the exercise by such Indemnifying Party or its agents, employees, elected and appointed officials of the rights and obligations set forth herein.

Obligations. Any rights granted hereunder shall be exercised only in accordance and compliance with any and all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto. No Party shall knowingly discharge into or within the Easement Area, any hazardous or toxic materials or substances, any pollutants, or any other substances or materials prohibited or regulated under any federal, state or local law, ordinance, rule, regulations or permit, except in accordance with such laws, ordinances, rules, regulations and permits.

Beneficiaries of Easement Rights/Binding Effect. The Easement set forth in this Agreement shall be solely for the benefit of Grantee, for the purpose expressly provided for herein and for no other purpose. The Easement hereby created and granted includes the creation of all incidental rights reasonably necessary for the use and enjoyment of the Easement Area for their intended purposes.

No Public Dedication. Nothing contained in this Agreement shall create or shall be deemed to create any easements or use rights in the general public or constitute a public dedication for any public use whatsoever.

Liens. Grantee shall not permit (and shall promptly satisfy or bond) any construction, mechanic’s lien or encumbrance against the Easement Area or any other property in connection with the exercise of Grantee’s rights hereunder.

Amendments and Waivers. This Agreement may not be terminated or amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by the Parties and recorded in the Public Records of Orange County, Florida. No delay or omission of any Party in the exercise of any right accruing upon any default of any Party shall impair such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by any Party of a breach of, or a default in, any of the terms and conditions of this Agreement by any other Party shall not be construed to be a waiver of any subsequent breach of or default in the same or any other provision of this Agreement.

4
#81307578_v2 162747.00011

Notices. Any notices which may be permitted or required hereunder shall be in writing, and shall be deemed to have been duly given (i) one day after depositing with a nationally recognized overnight courier service, or (ii) on the day of hand delivery (provided such delivery occurs prior to 5:00 pm, local Orlando time) to the addresses listed below or to such other addresses as a Party may from time to time designate by written notice in accordance with this paragraph:

To Grantor:	Poitras East Community Development District
12051 Corporate Boulevard,
Orlando, Florida 32817 Attention: District Manager

and

With a copy to:	Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attention: Tucker F. Mackie, Esq.

To Grantee:	City of Orlando
400 South Orange Avenue Orlando, Florida 32801 Attention: Utilities Division

With a copy to:	City of Orlando
City Attorney’s Office 400 South Orange Avenue Orlando, Florida 32801 Attention: City Attorney

Use of Easement Area. It is acknowledged and agreed that the easement granted under this Agreement is not an exclusive easement and that Grantor shall have the right to use and enjoy the Easement Area in any manner (i) not inconsistent with the easement rights created herein and (ii) that does not interfere with or disrupt Grantee’s operations on the Easement Area or the functioning of the Facilities. Grantor shall provide the Grantee sixty (60) days written notice prior to any proposed use of the Easement Area and Grantor and Grantee shall cooperate in good faith to address and resolve any concerns raised by Grantee with respect to said use. Grantee shall not exercise its easement rights granted herein in any manner which unreasonably interferes with or unreasonably disrupts Grantor’s exercise of its retained rights hereunder.

Effective Date. The Effective Date of the Agreement shall be the last day that this Agreement is signed by either Party.

Attorneys’ Fees. Should any action be brought arising out of this Agreement, including, without limitation, any action for declaratory or injunctive relief, or any action for the enforcement hereof, each party shall be responsible for its own attorneys’ fees and costs and expenses of investigation, all as actually incurred, including, without limitation, attorneys’ fees, costs, and expenses of investigation incurred before, during or after trial or in any appellate

5
#81307578_v2 162747.00011

proceedings or in any action or participation in, or in connection with, any case or proceeding under the United States Bankruptcy Code, or any successor statutes.

Miscellaneous. This Agreement contains the entire understanding of the Parties with respect to the matters set forth herein and no other agreement, oral or written, not set forth herein, nor any course of dealings of the Parties, shall be deemed to alter or affect the terms and conditions set forth herein. If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to the extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement shall be construed in accordance with the laws of the United States of America and the State of Florida. Venue for any proceeding brought hereunder shall be Orange, County, Florida. The section headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. Where the sense of this Agreement requires, any reference to a term in the singular shall be deemed to include the plural of said term, and any reference to a term in the plural shall be deemed to include the singular of said term. Nothing in this Agreement shall be construed to make the Parties hereto partners or joint venturers or render either of said parties liable for the debts or obligations of the other. This Agreement may be executed in counterparts, each of which shall constitute an original, but all taken together shall constitute one and the same Agreement. Time is of the essence of this Agreement. The rights, privileges and easements granted and conveyed hereunder shall be a burden upon the Easement Area and exist for the benefit of and shall run with title to the applicable property.

[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

6
#81307578_v2 162747.00011

IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year set forth below.

“GRANTOR”

Signed, sealed and delivered in the	POITRAS EAST COMMUNITY presence of the following witnesses:	DEVELOPMENT DISTRICT,
a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located within the City of Orlando, Florida

By:	 Print Name:		Name:  	
Title: 	

Print Name: 	

STATE OF FLORIDA	)
) COUNTY OF ORANGE	)

The foregoing instrument was acknowledged before me by means of	[   ] physical
presence or [   ] online notarization, this	day of	, 2021, by
 	,	as	 		of
POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, and located within the City of Orlando, Florida, on behalf of the district, who is [   ] personally known to me or [   ] has

produced	 known to me).

as identification (if left blank, then personally

(Signature of Notary Public)

(Typed name of Notary Public)
Notary Public, State of Florida
Commission No.: 	 My Commission Expires: 	

7
#81307578_v2 162747.00011

“GRANTEE”

Signed, sealed and delivered in the	CITY OF ORLANDO, FLORIDA
presence of the following witnesses:	a	municipal	corporation	organized	and
existing under the laws of the State of Florida.

By:	 Print Name:		Name: 	
Title: 	

Print Name: 	

STATE OF FLORIDA	)
) COUNTY OF ORANGE	)

The foregoing instrument was acknowledged before me by means of	[   ] physical
presence or [   ] online notarization, this	day of	, 2021, by
 	, as the acting	of the CITY OF ORLANDO, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, on behalf of said municipal corporation, who is [   ] personally known to me or [   ] has produced
 	 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

Print Name of Notary Public
Notary Public, State of Florida
Commission No.: 	                                              My Commission Expires: 	

8
#81307578_v2 162747.00011

EXHIBIT “A”

EASEMENT AREA

[See Attached Sketch of Description Prepared by Langan Engineering & Environmental Services, Inc., Entitled “City of Orlando Reclaim Water Utility Easement A4” – 3 Pages]

#81307578_v2 162747.00011

A-1

Bryan A Merritt

Digitally signed by Bryan A Merritt Date: 2021.03.11
09:45:26-05'00'

_J	I	2	I	3	4
UTILITY EASEMENT
\
<)  <)
\	:::j  :::j
A
.I 	I.
\	"I '"I '
\

TRACT A OF POITRAS N-5 NORlH PB 102,
PG 26-27
SEE DET S 67"44'41
B

s
QTY OF ORLANDO
UT/LfTY EASEMENT
AREA=195 S.F.±
0.005 ACRES ±
R-
L=	\
NOT PLATTED	CB=S D­	\
221
CL=

N

\
C
\

\
\
SCALE  IN  FEET	\
I LEGEND AND ABBREVIATIONS
R	RADIUS
L	ARC LENGTH
D	CENTRAL ANGLE	S 57•44 7.69'
CB	CHORD BEARING	•41• W
D	CL	CHORD LENGTH
S.F.	SQUARE FEET	3.11'
P.O.C.	POINT OF COMMENCEMENT	S 66°57'03" E
..	P.O.B.	POINT OF BEGINNING	R- 4907.85'
s	SECTION	L=32.79'
I	T	TOWNSHIP	CB=S D=0"22'58"
R	RANGE	2215'55" E
CL- 32.79'
R/W	RIGHT-OF-WAY
PB	PLAT BOOK	aTYOFOIIL4NDO
UTUTYEASEMINT
PG	PAGE(S)	AREA=195 S.F.±
PARCEL BOUNDARY	0.005 ACRES ±
COMMENCEMENT LINE
RIGHT-OF-WAY   LINE	DETAIL A
SECTION LINE
NOTTOSCALE
THIS IS NOT A SURVEY	
LAN	AN
Langan Engineering and
Environmental Services, Inc.
6900 Tavislock LakesBoulevard,Suite 400
Orlando, FL 32827
T:321.348.6855 F:786.264.7201 www.langan.com
FL Certificate of AuthorizationNo. 00006601/LB8172/LB8198	Project
POITRAS EAST N-5 INFRASTRUCTURE
SKETCH AND LEGAL DESCRIPTION ORLANDO
ORANGE	FLORIDA	Dr aw in g Tit l e

CITY OF ORLANDO RECLAIMED WATER UTILITY EASEMENT A4 SKETCH	Pro jec\ No.
100654905	Dr aw in g No.

VB101

Sheet 2  of   3	
			Date
03/11/2021		
			Drawn By
AJ		
			Checked  By
BAM		

-

Date: 3/11/2021 Time: 09:08 User: ajain Style Table: Langan.stb Layout: OUC R A4 SKETCH Document Code: 100654905-0309-VB101-0145

_J	I	2	I	3	4
UTILITY EASEMENT

A
SURVEYOR'S NOTES

THE BEARINGS SHOWN HEREON ARE REFERENCED TO GRID NORTH BASED UPON THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (2011 ADJUSTMENT) REFERENCED TO THE FLORIDA PERMANENT REFERENCE NETWORK.

LINEAR UNITS ARE SHOWN IN U.S. SURVEY FEET AND DECIMALS THEREOF.

THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1"=150' OR SMALLER.
B
SURVEY MAP AND REPORT OR COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER

ADDITIONS OR DELETIONS OF THIS MAP AND REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.

NO CONDITIONS WERE ENCOUNTERED THAT PREVENTED FLORIDA ADMINISTRATIVE CODE 5J-17 FROM BEING MET.

c	7 . ALL  CONTROL  MEASUREMENTS	EXCEEDED	CLOSURES	OF COMMERCIAL	/	HIGH RISK LINEAR: 1 FOOT IN 10,000 FEET.

8. NEITHER	SURVEY	MAP	OR	REPORT	IS	NOT	FULL	AND	COMPLETE	WITHOUT	THE OTHER.

D

THIS IS NOT A SURVEY	
LAN	AN
Langan Engineering and
Environmental Services, Inc.
6900 Tavistock LakesBoulevard, Suite 400
Orlando, FL 32827
T:321.348.6855 F:786.264.7201 www.langan.com
FL Certificate of Authorization No. 00006601/LB8172/LB8198	Project
POITRAS EAST N-5 INFRASTRUCTURE
SKETCH AND LEGAL DESCRIPTION ORLANDO
ORANGE	FLORIDA	Drawing Title

CITY OF ORLANDO RECLAIMED WATER UTILITY EASEMENT A4 NOTES	Pro jec\ No.
100654905	Drawing No.

VB101

Sheet 3  of   3	
			Date
03/11/2021		
			Drawn By
AJ		
			Checked  By
BAM		

Date: 3/11/2021 Time: 09:08 User: ajain Style Table: Langan.stb Layout: OUC R A4 NOTES Document Code: 100654905-0309-VB101-0145

0

.'l

@

Poitras East Community Development District

Payment Authorization Nos. 99-103

Poitras East Community Development District

Payment Authorization #099	
3/5/2021	

Item	Payee	Invoice	General	
No.		Number	Fund	

1	Berman Construction		
	March Administrator & Irrigation Specialist	11203	

$ 1,000.00

2	Carr Riggs & Ingram		
	FY 2020 Audit	17077339	

$ 1,000.00

3	Sunshine 811		
	February Tickets Submitted	199606	

$	25.84

4	VGlobalTech		
	March Website Maintenance	2446	

$	125.00

TOTAL	$   2,150.84

Chairperson

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

Poitras East Community Development District

Payment Authorization #100	
3/12/2021	

Item	Payee	Invoice	General	
No.		Number	Fund	

1	Hopping Green & Sams		
	General Counsel Through 01/31/2021	120827	

$ 2,094.00

2	PFM Group Consulting		
	DM Fee: March 2021	DM-03-2021-0041	
	February Reimbursables	OE-EXP-03-38	

$ 2,916.67	
$	4.08	

TOTAL	$   5,014.75

Chairperson

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

Poitras East Community Development District

Payment Authorization #101	
3/19/2021	

Item	Payee	Invoice	General	
No.		Number	Fund	

1	Donald W McIntosh Associates		
	Engineering Services Through 02/26/2021	40864	

$	687.50

2	Supervisor Fees - 03/16/2021 Meeting	
	Richard Levey	--	

$	200.00

TOTAL	$	887.50

Chairperson

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

Poitras East Community Development District

Payment Authorization #102	
4/2/2021	

Item	Payee	Invoice	General	
No.		Number	Fund	

1	Berman Construction		
	April Administrator & Irrigation Services	11882	

$ 1,000.00

2	Orlando Sentinel		
	Legal Advertising on 03/09/2021 (Ad: 6898937)	OSC33658905	

$	346.25

3	PFM Group Consulting		
	February Meeting Room	114103	

$	40.16

4	Sunshine State One Call of Florida	
	March Tickets	200667	

$	3.80

5	VGlobalTech		
	April Website Maintenance	2579	

$	125.00

TOTAL	$   1,515.21

Chairperson

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

Poitras East Community Development District

Payment Authorization #103	
4/9/2021	

Item	Payee	Invoice	General	
No.		Number	Fund	

1	VGlobalTech		
	2020 Quarter 3 ADA Audit	1983	
	2021 Quarter 1 ADA Audit	2515	

$	300.00	
$	300.00	

TOTAL	$	600.00

Chairperson

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

Poitras East Community Development District

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 Financial Position As of 3/31/2021

General Fund	Debt Service
Fund

Capital Projects Fund

Total

	Assets		
Current Assets			
General Checking Account	$49,548.06						$49,548.06	
Accounts Receivable - Due from Developer	141.65						141.65	
Series 2020 Debt Service Reserve			$69,869.97				69,869.97	
Series 2020 Interest			2.46				2.46	
Series 2020 Acquisition/Construction					$57,546.12		57,546.12	
Total Current Assets	$49,689.71		$69,872.43		$57,546.12		$177,108.26	

Total Assets	$49,689.71		$69,872.43		$57,546.12		$177,108.26	

Liabilities and Net Assets						
Current Liabilities
Accounts Payable	
$141.65					
$141.65	
Deferred Revenue	141.65					141.65	
Accounts Payable	
			$55,501.12		55,501.12	
Total Current Liabilities	$283.30	$0.00		$55,501.12		$55,784.42	
Total Liabilities	$283.30	$0.00		$55,501.12		$55,784.42	

Net Assets
Net Assets, Unrestricted	

($63,275.11)					

($63,275.11)	
Net Assets - General Government	67,906.97					67,906.97	
Current Year Net Assets - General Government	44,774.55					44,774.55	
Net Assets, Unrestricted		$33,175.73				33,175.73	
Current Year Net Assets, Unrestricted		36,696.70				36,696.70	
Net Assets, Unrestricted				($11,586.21)		(11,586.21)	
Current Year Net Assets, Unrestricted	

			13,631.21		13,631.21	
Total Net Assets	$49,406.41	$69,872.43		$2,045.00		$121,323.84	

						
Total Liabilities and Net Assets	$49,689.71	$69,872.43		$57,546.12		$177,108.26	

Page 1 of 1

Poitras East CDD Statement of Activities As of 3/31/2021

General Fund	Debt Service Fund

Capital Projects Fund

Total

Revenues

Developer Contributions	$96,382.25						$96,382.25	
Inter-Fund Group Transfers In			$0.29				0.29	
Debt Proceeds			36,694.42				36,694.42	
Inter-Fund Transfers In					($0.29)		(0.29)	
Debt Proceeds					421,985.66		421,985.66	
Total Revenues	$96,382.25		$36,694.71		$421,985.37		$555,062.33	

Supervisor Fees	$1,000.00						$1,000.00	
D&O Insurance	2,421.00						2,421.00	
Management	17,500.02						17,500.02	
Engineering	1,937.50						1,937.50	
District Counsel	14,734.15						14,734.15	
Audit	1,000.00						1,000.00	
Postage & Shipping	37.74						37.74	
Legal Advertising	2,726.29						2,726.29	
Miscellaneous	66.00						66.00	
Web Site Maintenance	1,050.00						1,050.00	
Dues, Licenses, and Fees	175.00						175.00	
General Insurance	2,960.00						2,960.00	
Personnel Leasing Agreement	6,000.00						6,000.00	
Engineering					$90,123.50		90,123.50	
District Counsel					5,675.50		5,675.50	
Legal Advertising					1,614.41		1,614.41	
Contingency					310,940.75		310,940.75	
Total Expenses	$51,607.70		$0.00		$408,354.16		$459,961.86	

Interest Income	$1.99	$1.99	
Total Other Revenues (Expenses) & Gains (Losses)	$0.00		$1.99		$0.00		$1.99	
Change In Net Assets	$44,774.55		$36,696.70		$13,631.21		$95,102.46	

Net Assets At Beginning Of Year	
$4,631.86		
$33,175.73		
($11,586.21)		
$26,221.38	

Net Assets At End Of Year	
$49,406.41		
$69,872.43		
$2,045.00		
$121,323.84	

Expenses

Other Revenues (Expenses) & Gains (Losses)

Page 1 of 1

Poitras East CDD
Budget to Actual
For the Month Ending 03/31/2021

Year To Date

Actual	Budget	Variance

FY 2021
Adopted Budget

Revenues

Developer Contributions	$	96,382.25		$	180,612.50		$	(84,230.25)		$ 361,225.00	
Net Revenues	$	96,382.25		$	180,612.50		$	(84,230.25)		$ 361,225.00	

General & Administrative Expenses

Supervisor Fees	$	1,000.00		$	2,400.00		$	(1,400.00)		$	4,800.00	
D&O Insurance	2,421.00		1,500.00		921.00		3,000.00	
Trustee Services	-		3,000.00		(3,000.00)		6,000.00	
Management	17,500.02		17,500.00		0.02		35,000.00	
Engineering	1,937.50		6,000.00		(4,062.50)		12,000.00	
Dissemination Agent	-		2,500.00		(2,500.00)		5,000.00	
District Counsel	14,734.15		12,500.00		2,234.15		25,000.00	
Assessment Administration	-		3,750.00		(3,750.00)		7,500.00	
Reamortization Schedules	-		250.00		(250.00)		500.00	
Audit	1,000.00		3,000.00		(2,000.00)		6,000.00	
Travel and Per Diem	-		250.00		(250.00)		500.00	
Telephone	-		50.00		(50.00)		100.00	
Postage & Shipping	37.74		250.00		(212.26)		500.00	
Copies	-		250.00		(250.00)		500.00	
Legal Advertising	2,726.29		5,000.00		(2,273.71)		10,000.00	
Miscellaneous	66.00		4,500.00		(4,434.00)		9,000.00	
Web Site Maintenance	1,050.00		1,350.00		(300.00)		2,700.00	
Dues, Licenses, and Fees	175.00		87.50		87.50		175.00	
Total General & Administrative Expenses	$	42,647.70		$	64,137.50		$	(21,489.80)		$ 128,275.00	

Field Operations									
Electric Utility Services
Electric	
$	
-	
$	
1,250.00	
$	
(1,250.00)	
$	
2,500.00	
Water-Sewer Combination Services
Water Reclaimed		
-		
5,000.00		
(5,000.00)		
10,000.00	
Other Physical Environment									
General Insurance	2,960.00	1,600.00	1,360.00	3,200.00	
Property & Casualty Insurance	-	750.00	(750.00)	1,500.00	
Other Insurance	-	125.00	(125.00)	250.00	
Irrigation Repairs	-	5,000.00	(5,000.00)	10,000.00	
Landscaping Maintenance & Material	-	37,500.00	(37,500.00)	75,000.00	
Tree Trimming	-	2,500.00	(2,500.00)	5,000.00	
Flower & Plant Replacement	-	5,000.00	(5,000.00)	10,000.00	
Contingency	-	5,000.00	(5,000.00)	10,000.00	
Hurricane Cleanup	-	10,000.00	(10,000.00)	20,000.00	
Road & Street Facilities
Entry and Wall Maintenance	
-	
1,500.00	
(1,500.00)	
3,000.00	
Hardscape Maintenance	-	2,500.00	(2,500.00)	5,000.00	
Streetlights	-	15,000.00	(15,000.00)	30,000.00	
Accent Lighting	-	250.00	(250.00)	500.00	
Alleyway Maintenance	-	5,000.00	(5,000.00)	10,000.00	
Parks & Recreation
Personnel Leasing Agreement	
6,000.00	
6,000.00	
-	
12,000.00	
Reserves					
Infrastructure Capital Reserve	-		10,000.00		(10,000.00)		20,000.00	
Alleyway Reserve	-		2,500.00		(2,500.00)		5,000.00	
Total Field Operations Expenses	$	8,960.00		$	116,475.00		$ (107,515.00)		$ 232,950.00	

Total Expenses	

$	

51,607.70		

$	

180,612.50		

$	

(129,004.80)		

$	

361,225.00	
												
Net Income (Loss)	$	44,774.55		$	-		$	44,774.55		$	-	
Page 1 of 1