Poitras East Community Development District
3501 Quadrangle Boulevard, Suite 270, 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 15, 2022, at Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd, Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.

District Staff, please use the following information to join via 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
Swearing in Newly Elected Board Members
Consideration of the Minutes of the October 18, 2022, Board of Supervisors’ Meeting
(Provided under separate cover)
Consideration of Resolution 2023-02, Canvassing and Certifying the Results of the Landowners’ Election
Consideration of Resolution 2023-03, Election of Officers

Business Matters
Consideration of Resolution 2023-04, Adopting an Amended Budget for FY 2022 (Provided under separate cover)
Consideration of Landscape, Irrigation, Hardscape, and Lighting Agreements
Consideration of Landscape Maintenance Agreement with ULS for Luminary Blvd and Pearson Ave
Ratification of Operation and Maintenance Expenditures Paid in October 2022 in an amount totaling $21,333.68
Ratification of Requisition Nos. 2020-193 – 2020-196 Paid in October 2022 in an amount totaling $906,229.91
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

Oath of Office

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS
OATH OF OFFICE

I,	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF FLORIDA.

Board Supervisor

ACKNOWLEDGMENT OF OATH BEING TAKEN

STATE OF FLORIDA
COUNTY OF 	

The foregoing oath was administered before me by means of □ physical presence or □

online	notarization,	this		

day	of

	,	2022,	by

	, who is personally known to me or has produced
	 as identification, and is the person described in and who took the aforementioned oath as a Member of the Board of Supervisors of Poitras East Community Development District and acknowledged to and before me that he/she took said oath for the purposes therein expressed.

(NOTARY SEAL)

Notary Public, State of Florida

Print Name: 	

Commission No.: 	 Expires: 	

Poitras East Community Development District

Minutes of the October 18, 2022 Board of Supervisors’ Meeting (Provided under separate cover)

Poitras East Community Development District

Resolution 2023-02, Canvassing and Certifying the
Results of the Landowners’ Election

RESOLUTION 2023-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Poitras East Community Development District (hereinafter the “District”), is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Orange County, Florida; and

WHEREAS, pursuant to Section 190.006(2), Florida Statutes, a landowners’ meeting is required to be held within 90 days of the District’s creation and every two years following the creation of the District for the purpose of electing supervisors of the District; and

WHEREAS, such landowners’ meeting was held on November 15, 2022, the Minutes of which are attached hereto as Exhibit A, and at which the below recited persons were duly elected by virtue of the votes cast in his/her favor; and

WHEREAS, the Board of Supervisors of the District, by means of this Resolution, desire to canvas the votes and declare and certify the results of said election.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT:

Section 1. The following person is found, certified, and declared to have been duly elected as Supervisor of and for the District, having been elected by the votes cast in their favor as shown:

Seat 1 – 		Votes – 		
Seat 2 – 		Votes – 		
Seat 5 – 		Votes – 		

Section 2. In accordance with Section 190.006(2), Florida Statutes, and by virtue of the number of votes cast for the Supervisor, the above-named person is declared to have been elected for the following term of office:

4 Year Term

4 Year Term

2 Year Term

Section 3. This resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 15th DAY OF NOVEMBER 2022.

Attest:	POITRAS EAST COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman

Poitras East Community Development District

Resolution 2023-03, Election of Officers

RESOLUTION 2023-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT
(hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District desires to elect the Officers of the District.

DISTRICT:		
Section 1.		 is elected Chair.	
Section 2.		 is elected Vice Chair.	
Section 3.		 is elected Secretary.	
		 is elected Assistant Secretary.	
		 is elected Assistant Secretary.	
		 is elected Assistant Secretary.	
		 is elected Assistant Secretary.	
Section 4.		 is elected Treasurer.	
Section 5.		 is elected as Assistant Treasurer.	
Section 6.	All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.	
Section 7.	This Resolution shall become effective immediately upon its adoption.	

NOW,	THEREFORE,	BE	IT	RESOLVED	BY	THE	BOARD	OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT

PASSED AND ADOPTED THIS 15th DAY OF NOVEMBER, 2022. ATTEST:	POITRAS EAST COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chair/Vice-Chair

Poitras East Community Development District

Resolution 2023-04,
Adopting an Amended Budget for FY 2022
(Provided under separate cover)

Poitras East Community Development District

Landscape, Irrigation, Hardscape and Lighting Agreements

Prepared By and Return To:

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

LANDSCAPE, IRRIGATION, AND HARDSCAPE AND LIGHTING AGREEMENT
(Luminary Boulevard Phase 1C)

THIS	LANDSCAPE,	IRRIGATION,	HARDSCAPE	AND	LIGHTING
AGREEMENT (the “Agreement”) is made and entered into as of the Effective Date (as defined herein) by and between TDCP, LLC, a Florida limited liability company, whose mailing address is 6900 Tavistock Lakes Boulevard, Suite 200, Orlando, Florida 32827 (the “Grantor”), and 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, whose address is 3501 Quadrangle Blvd., Ste 270, Orlando, Florida 32817 (the “Grantee”) (Grantor and Grantee are sometimes together referred to herein as the “Parties”, and separately as the “Party”).

W I T N ES 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 perpetual, non-exclusive easement (the “Easement”) on, upon, over, under, across and through the Easement Area for the purpose of ingress, egress and access to and for the construction, installation, operation, repair, maintenance, use and replacement of the Improvements (as defined below), 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 hereby grants to Grantee, its successors and/or assigns, a perpetual, non-exclusive easement (the “Easement”) on, upon, over, under, across and through the Easement Area for the purpose of ingress, egress and access to and for the construction, installation, operation, repair, maintenance, use and replacement of landscaping, irrigation, hardscaping and lighting, including, without limitation, grass, sodding, shrubbery, plants, flowers, bushes, trees and mulch (with all of the foregoing being hereinafter referred to collectively as the

“Improvements”). 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, in its sole and absolute discretion, shall be entitled to develop and redevelop the property of which the Easement Area forms a part of or any adjacent property to which the Easement Area abuts, and in connection therewith, may elect, in its sole and absolute discretion, to reconfigure and relocate the Improvements and the Easement Area to conform to the final ascertained location of the Improvements elsewhere on its property; provided, further, that the same (i) shall be performed at the sole cost and expense of Grantor, (ii) shall be performed in accordance with all applicable laws, rules, regulations, governmental and quasi- governmental permits, ordinances, and approvals for such relocation or reconfiguration, and (iii) shall provide at least the same Improvements or substantially the same Improvements that existed prior to such reconfiguration or relocation. In such event, an amendment shall be made to this Agreement by Grantor and Grantee to relocate (and re-describe) the Easement Area accordingly. No additional parties shall have the right to, nor shall be required to, join in such amendment to this Agreement, nor shall any additional party have the right to approve such amendment, for such amendment to have full force and effect, and for such amendment to cause a full and complete release from the terms and provisions of this Agreement of the portion of the Easement Area from which the Improvements have been removed and relocated.

Repair and Maintenance.

Grantee shall repair and maintain the Easement Area and Improvements and 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.

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. In the event the deficiencies are not remedied in a commercially reasonable fashion within such fifteen (15) day period 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. Any sums due hereunder which are not paid when due shall accrue interest calculated at the monthly LIBOR rate plus two percent (2%) from the date the payment is due until the payment is received. Notwithstanding anything contained herein to the contrary, in the event that the foregoing obligation of Grantee requires capital improvements, Grantee shall have a period of thirty (30) days to comply with the provisions herein instead of the fifteen (15) days as otherwise stated herein.

Damage.

In the event that Grantee, its respective employees, agents, assignees, or contractors cause damage to the Easement Area or any of the improvements located within the Easement Area, or causes damage to Grantor’s other property or any improvements located

thereon, in the exercise of the easement rights granted herein, Grantee, at Grantee’s sole cost and expense, agrees to commence and diligently pursue the restoration of the same and the improvements so damaged to as nearly as practical to the original condition and grade, including, without limitation, repair and replacement of any landscaping, hardscaping, plantings, ground cover, roadways, driveways, sidewalks, parking areas, fences, walks, utility lines and other structures, within thirty (30) days after receiving written notice of the occurrence of any such damage, and Grantee shall allow no lien to attach to the Easement Area or any improvements located on said property or Grantor’s other property arising out of work performed by, for, or on behalf of Grantee.

In the event that Grantor, its respective employees, agents or contractors, cause damage to the Improvements located within the Easement Area, Grantor, at Grantor’s sole cost and expense, agrees to commence and diligently pursue the restoration of the Improvements so damaged to as nearly as practical to the original condition, within thirty (30) days after receiving written notice of the occurrence of any such damage, and Grantor shall allow no lien to attach to the Easement Area or any Improvements located thereon arising out of work performed by, for, or on behalf of Grantor.

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. Grantee, or 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 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 coverage maintained by Grantor. Nothing herein operates as a waiver of Grantee’s sovereign immunity or the limits of liability under Florida law.

Indemnification.

Grantor agrees to defend, indemnify and hold Grantee harmless from and against any and all claims, suits, judgments, demands, costs and expenses, including attorney’s fees of any kind or nature whatsoever related to this Agreement arising directly out of or caused by any act or omission of Grantor, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialman).

To the extent allowed by law, Grantee agrees to defend, indemnify and hold harmless Grantor, its agents, employees and contractors from and against any and all claims, suits, judgments, demands, cost and expenses, including attorney's fees of any kind or nature whatsoever related to this Agreement arising directly out of or caused by any act or omission of Grantee, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialmen).

Grantor agrees that nothing contained in this Agreement shall constitute or be construed as a waiver of Grantee’s limitations on liability set forth in Section 768.28, Florida Statutes, and other applicable law.

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 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.

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.

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, Florida time), to the address listed above or to such other address as either Party may from time to time designate by written notice in accordance with this paragraph.

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 not inconsistent with the easement rights created herein. Grantee shall not exercise its easement rights granted herein in any manner which unreasonably interferes with or unreasonably disrupts Grantor’s operations on the Easement Area.

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, the predominantly prevailing party shall be entitled to reasonable 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 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. Any judgment or decree rendered in any such actions or proceedings shall include the award of attorneys’ fees, costs, and expenses, as just described. The terms of this section shall survive the termination of this Agreement.

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]

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

“GRANTOR”

Signed, sealed and delivered	TDCP, LLC,
in the presence of:	a Florida limited liability company

By:		 Print Name:		Nicholas F. Beucher, III, President

Print Name:	

STATE OF FLORIDA	)
) ss: COUNTY OF ORANGE	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this    day of 	, 2022, by Nicholas F. Beucher, III, as President of TDCP, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced 		 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

“GRANTEE”

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

By:	 Print Name:		Name:	
Title:	

Print Name:	

STATE OF FLORIDA	)
)
COUNTY OF	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization, this	day of 	, 2022, by 	,

as 	 of POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT, a
local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, on behalf	of	the	district,	who	is	personally	known	to	me	or	has	produced
	 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

EXHIBIT “A”

Easement Area

[See Attached Sketch of Description – CS# 17-133(197) – 4 Pages]

SKETCH	OF DESCRIPTION
SEE SHEETS 1 THROUGH 3 FOR SKETCH

CURVE TABLE (THIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	LENGTH	CHORD	CHORD BEARING	
C1	2190.00'	21"32'06·	823.12'	818.29'	N8T58'1TW	
C2	2310.00'	3613'01·	1480.16'	1435.97'	sa4·41•1s·w	
C7	2320.00'	3613'01·	1466.48'	1442.19'	N84"41'15"E	
C8	2180.00'	21"32'06·	819.37'	814.55'	S87"58'17"E	

SEE SHEET 4 FOR NOTES, LEGEND, AND LEGAL DESCRIPTION

DETAIL A
(SCALE: 1••20')

LAUREL POINTE PHASE 1 (PB 107, PGS 79-83)

LINE TABLE (THIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L1	N08"44'20•W	120.00'	
L2	S8115'409W	430.33'	
L3	Nni2'1s·w	188.02'	
L9	S7712'15"E	188.02'	
L10	N8115'409E	433.81'	
L11	S38"39'23"E	11.54'	
L12	ss11s•40•w	9.23'	

NORTHWEST CORNER OF LUMINARY BOULEVARD (PB 106, PGS 104-107)

PROPOSED LUMINARY BOULEVARD
(LANDS DESCRIBED IN DOC# 20210699550} NOT PLATTED

WEST LINE OF

-

LAUREL POINTE PHASE 1 (PB 107, PGS 79-83)
SW cORNE Nt pH/>.SE 1 u,.URELp pGS 79-8 )
(PB-	-

QR"fHERL'( u1-1&.s>rRo UMIN/>.R'< :	104--107)  •0
\	(PB 106,	N

\

LUMINARY BOULEVARD	II
(LUMINARY BOULEVARD PHASE lB}
\	(PB 106, PGS 104-107)

i---WESTERLY LINE OF
\	LUMINARY BOULEVARD (PB 106, PGS 104-107}
\

I

""'

....1
t:11
C7
c2

g
PT	L9

UTILITY

NOT PLATTED

I I	PC

PC
l.J	PT

EASEMENT
PT
E

-r

PC	WES1ERL'&}"Jv/>.RD

g

LUM/N RROYPBOOSUELDE"ARD	C1	LANDS DESCRIBED IN		LUM\N/>.RJJ 104--107) "'	v,..			DOC# 20210699550	(P 6_:_--  - -

I

- -  -	-- -----NOT-PLAT-TED --	- _:::---	POINT OF

NORTHERLY LINE OF LANDS DESCRIBED IN DOC# 20210699550

--------:_ORANGECOUNTY	­
PUBLIC SCHOOL SITE

\

I

COMMENCEMENT
SOUTHWEST CORNER OF LUMINARY BOULEVARD (PB 106, PGS 104-107)

•

(DOC# 20200665177) NOT PLATTED

\	North

LUMINARY BOULEVARD
(LUMINARY BOULEVARD PHASE lB
PB 106, PGS 104-107)

Scale: 1•	•	2!!JO'

TDCP, LLC
WMINARY BOULEVARD PHASE 1C
CDD LANDSCAPE & IRRIGATION EASEMENT				
				
	DATE	BY	DESCRIPTION	

DONALD W. MclNTOSH	Assoc1ATEs,   INC.
ENGINEERS	PLANNERS	SURVEYORS

N 0SH ASSOCIATES. INC.

lHORIZAllON NO. LB68

2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 11 = """=:e,-,-tt:-c--+---M,,-a-y-:::31,....,-:::20:::22c	l
CERTIFICATE OF AUTHORIZATION NO. LB68	rw)OI' and Mapper

DRAWN BY: MKS

CHECKED BY:.BIS 

JOB NO.	SCALE	SHEET----'---

NOT VALID  lHOUT lHE ORIGINAL SIGNATURE ANO SEAL,

DATE: 05/2022

DATE:	05/2022	17137	1•-250•	OF	4

OR AN El..£C1RONIC SIGNATURE (5.1-17.062(3) F.A.C.),
OF A FLORIDA PROFESSIONAL SURIIEYOR ANO MAPPER.

Printed: Tue 31-May-2022 - 09:47AM
F:\ProJ2017\17137\Sclwg\NAW88\aod\17-133(197) CDO Elmt (Luminary Blwl Ph 1C).dwg

CS# 17-133(197)

SKETCH	OF DESCRIPTION
SEE SHEETS 1 THROUGH 3 FOR SKETCH	2
SEE SHEET 4 FOR NOTES, LEGEND, AND LEGAL DESCRIPTION	Scale: 1----2-50-,--  .....

North

NOTPIATTEO

UTILITY
EASEMENT

NOTPLAmD

CURVE TABLE (THIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	LENGTH	CHORD	CHORD BEARING	
C2	2310.00'	36°13'01"	1460.16'	1435.97'	S84"41'15"W	
C7	2320.00'	36°13'01"	1466.48'	1442.19'	N84'41'15"E	

LINE TABLE (THIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L4	S66'34'45"W	422.76'	
L8	N66'34'45"E	422.76'	

TDCP, LLC
LUMINARY BOULEVARD PHASE 1C
CDD LANDSCAPE & IRRIGA110N EASEMENT

DONALD W. MclNTOSH	Assoc1ATES,  INC. ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68

DRAWN BY: MKS DATE: 05/2022

CHECKED BY: .RIS_ DATE:	05/2022

JOB NO. 17137

SCALE 1"=250'

SHEET_2 _ OF	4

SKETCH OF DESCRIPTION
SEE SHEETS 1 THROUGH 3 FOR SKETCH
SEE SHEET 4 FOR NOTES, LEGEND, AND LEGAL DESCRIPTION

250'	o -  -2-f' A

Scale: •1

-	250'

North

NOTPIAmD

UTILITY
EASEMENT

NOTPIATTED

LINE TABLE (THIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L4	S66'34'45"W	422.76'	
L5	N29"39'48"W	379.23'	
L6	N68'04'58"E	10.24'	
L7	S29'39'48"E	379.23'	
LB	N66'34'45"E	422.76'	

EASTERLY LINE OF	\
LANDS DESCRIBED IN	I
DOC# 20210699550
I

CURVE TABLE (THIS SHEET ONLY)

NOTPIAmD

NUMBER	RADIUS	DELTA	LENGTH	CHORD	CHORD BEARING	
C3	76.00'	83'45'27"	111.10·	101.47'	N71'32'32"W	
C4	2285.50'	4'38'51"	185.39'	185.34'	N31'59'14"W	
C5	2295.50'	4'35'34"	184.01'	183.96'	S31'57'35"E	
C6	66.00'	83'45'27"	96.48'	88.12'	S71'32'32"E	

TDCP, LLC
LUMINARY BOULEVARD PHASE 1C
CDD LANDSCAPE & IRRIGAllON EASEMENT		
DONALD W. MclNTOSH Assoc1ATES, 1Nc. ENGINEERS	PLANNERS	SURVEYORS 2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68	
DRAWN BY: MKS
DATE: 05/2022	CHECKED BY: .RIS_
DATE:	05/2022	JOB NO. 17137	SCALE 1"=250'	SHEET_...=3  OF	4	

	SKETCH OF DESCRIPTION
SEE SHEETS 1 lHROUGH 3 FOR SKETCH
SEE SHEET 4 FOR NOTES, LEGEND, AND LEGAL DESCRIPTION

DESCRIPTION:

That part of Section 31, Township 24 South, Range 31 East, and that part of Section 36, Township 24 South, Range 30 East, Orange County, Florida, described as follows:

Commence at the Southwest corner of Luminary Boulevard, according to the plat of LUMINARY BOULEVARD PHASE 1B, as recorded in Plat Book 106, Pages 104 through 107, of the Public Records of Orange County, Florida; thence N08°44'20"W along the Westerly line of said Luminary Boulevard, 120.00 feet to the Northwest corner of said Luminary Boulevard and the Northerly line of lands described in Official Records Document Number 20210699S50, of the Public Records of Orange. County, Florida, and the POINT OF BEGINNING; thence departing said Westerly line, run the following courses and distances along said Northerly line and the Easterly line of said lands described in Official Records Document Number 20210699550: S81°15'40"W,
430.33 feet to the point of curvature of a curve concave Northerly having a radius of 2190.00 feet and a chord bearing of N87°58'17"W; thence Westerly along the arc of said curve through a central angle of 21°32'06" for a distance of 823.12 feet to the point of tangency; N77°12'15"W, 188.02 feet to the point of curvature of a curve concave Southerly having a radius of 2310.00 feet and a chord bearing of S84°41'15"W; thence Westerly along the arc of said curve through a central angle of 36°13'01" for a distance of 1460.16 feet to the point of tangency; S66°34'45"W, 422.76 feet to the point of curvature of a curve concave Northerly having a radius of 76.00 feet and a chord bearing of N71°32'32"W; thence Westerly along the arc of said curve through a central angle of 83°45'27" for a distance of 111.10 feet to the point of tangency; N29°39'48"W, 379.23 feet to the point of curvature of a curve concave Southwesterly having a radius of 2285.50 feet and a chord bearing of N31°59'14"W; thence Northwesterly along the arc of said curve through a central angle of 04°38'51" for a distance of 185.39 feet to the South line of lands described in Official Records Book 5620, Page 2323 of the Public Records of Orange County, Florida, and a non-tangent line; thence departing said Easterly line, run N68°04'58"E along said South line, 10.24 feet to a non-tangent curve concave Southwesterly having a radius of 2295.50 feet and a chord bearing of S31°57'35"E; thence departing said South line, run Southeasterly along the arc of said curve through a central angle of 04°35'34" for a distance of 184.01feet to the point of tangency; thence S29°39'48"E, 379.23 feet to the point of curvature of a curve concave Northerly having a radius of 66.00 feet and a chord bearing of S71°32'32"E; thence Easterly along the arc of said curve through a central angle of 83°45'27" for a distance of 96.48 feet to the point of tangency; thence N66°34'45"E, 422.76 feet to the point of curvature of a curve concave Southerly having a radius of 2320.00 feet and a chord bearing of N84°41'15"E; thence Easterly along the arc of said curve through a central angle of 36°13'01" for a distance of 1466.48 feet to the point of tangency; thence S77°12'15"E, 188.02 feet to the point of curvature of a curve concave Northerly having a radius of 2180.00 feet and a chord bearing of S87°58'17"E; thence Easterly along the arc of said curve through a central angle of 21°32'06" for a distance of 819.37 feet to the point of tangency; thence N81°15'40"E, 433.81 feet to the West line of LAUREL POINTE PHASE 1, according to the plat thereof, as recorded in Plat Book 107, Pages 79 through 83, of the Public Records of Orange County, Florida; thence S38°39'23"E along said West line, 11.54 feet to the Southwest corner of said plat and the Northerly line of aforesaid Luminary Boulevard, according to the plat of LUMINARY BOULEVARD PHASE 1B; thence departing said West line, run S81°15'40"W along said Northerly line, 9.23 feet to the POINT OF BEGINNING. This description is based on Florida State Plane Coordinate System East Zone, average combined scale factor of 0.99994883912, NAD 83 Datum (2011 adjustment) and all distances are grid dimensions.

Being subject to any rights-of-way, restrictions and easements of record.
NOTES:
This is not a survey.
Not valid without the original signature and seal, or an electronic signature (5J-17.062(3) F.A.C.) of a Florida Professional Surveyor and Mapper.
Bearings based on the Westerly line of Luminary Boulevard. according to the plat of LUMINARY BOULEVARD PHASE 18, as recorded in Plat Book 106, Pages 104 through 107. of the Public Records of Orange County, Florida. as being N08.44'20"W, per plat.
The features and linework shown hereon are in grid position, relative to National Geodetic Survey control point "Lance" (PIO AJ2445), Northing 1477081.39, Easting 575759.46 Florida State Plane Coordinate System, Florida East zone, 1983 North American Datum, 2011 adjustment average combined factor: 0.99994883912 (1.00005116349757). All dimensions are Grid dimensions in U.S. Survey Feet, based on said Florida State Plane Coordinate System, Florida East zone, 1983 North American Datum, 2011 adjustment.
Lands shown hereon were not abstracted for rights-of-way, easements, ownership or other instruments of record by this firm.
No title opinion or abstract of matters affecting title or boundary to the subject property or those of adjoining land owners have been provided. It is possible there are deeds of record, unrecorded deeds or other instruments which could affect the boundaries or use of the subject property.
This Sketch of Description does not depict any easements of record that may be within or adjoining the lands described hereon.
No facilities associated with this sketch of description have been field located by Donald W. McIntosh Associates, Inc.
The configuration of this sketch of description is based on information provided to DWMA.	LEGEND		
	TDCP, LLC
LUMINARY BOULEVARD PHASE 1C
CDD LANDSCAPE & IRRIGATION EASEMENT	SECTION 31-24-30 SECTION 31, TOWNSHIP 24 SOUTH,
RANGE 30 EAST
L1	 LINE NUMBER (SEE TABLE) C1	CURVE NUMBER (SEE TABLE)
DOC# ORANGE COUNTY PUBLIC RECORDS DOCUMENT NUMBER
R/W RIGHT-OF-WAY		
	DONALD W. MclNTOSH	Assoc1A TES.   INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68	PB	PLAT BOOK PG(S) PAGE(S)
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING PC	POINT OF CURVATURE
PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PT	POINT OF TANGENCY
NT	NON-TANGENT
ORB	OFFICIAL RECORDS BOOK		
	DRAWN BY: MKS
DATE: 05/2022	CHECKED BY: RTS
DATE:	05/2022	JOB NO.
17137	SCALE
N/A	SHEET_""'4 
OF_ 4				

Printed:  Tue 31-May-2022 - 09:48AM
F: \Proj2017\17137\Sdwg\NAVD88\sod\17-133(197} COD Esmt (Luminary Blvd Ph 1C}.dwg

SL16981desc	cs, 17-133(197)

C

I

Prepared By and Return To:

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

LANDSCAPE, IRRIGATION, AND HARDSCAPE AND LIGHTING AGREEMENT

THIS	LANDSCAPE,	IRRIGATION,	HARDSCAPE	AND	LIGHTING
AGREEMENT (the “Agreement”) is made and entered into as of the Effective Date (as defined herein) by and between TDCP, LLC, a Florida limited liability company, whose mailing address is 6900 Tavistock Lakes Boulevard, Suite 200, Orlando, Florida 32827 (the “Grantor”), and 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, whose address is 3501 Quadrangle Blvd., Ste 270, Orlando, Florida 32817 (the “Grantee”) (Grantor and Grantee are sometimes together referred to herein as the “Parties”, and separately as the “Party”).

W I T N ES 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 perpetual, non-exclusive easement (the “Easement”) on, upon, over, under, across and through the Easement Area for the purpose of ingress, egress and access to and for the construction, installation, operation, repair, maintenance, use and replacement of the Improvements (as defined below), 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 hereby grants to Grantee, its successors and/or assigns, a perpetual, non-exclusive easement (the “Easement”) on, upon, over, under, across and through the Easement Area for the purpose of ingress, egress and access to and for the construction, installation, operation, repair, maintenance, use and replacement of landscaping, irrigation, hardscaping and lighting, including, without limitation, grass, sodding, shrubbery, plants, flowers, bushes, trees and mulch (with all of the foregoing being hereinafter referred to collectively as the “Improvements”). 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, in its sole and absolute discretion, shall be entitled to develop and redevelop the property of which the Easement Area forms a part of or any adjacent property to which the Easement Area abuts, and in connection therewith, may elect, in its sole and absolute discretion, to reconfigure and relocate the Improvements and the Easement Area to conform to the final ascertained location of the Improvements elsewhere on its property; provided, further, that the same (i) shall be performed at the sole cost and expense of Grantor, (ii) shall be performed in accordance with all applicable laws, rules, regulations, governmental and quasi- governmental permits, ordinances, and approvals for such relocation or reconfiguration, and (iii) shall provide at least the same Improvements or substantially the same Improvements that existed prior to such reconfiguration or relocation. In such event, an amendment shall be made to this Agreement by Grantor and Grantee to relocate (and re-describe) the Easement Area accordingly. No additional parties shall have the right to, nor shall be required to, join in such amendment to this Agreement, nor shall any additional party have the right to approve such amendment, for such amendment to have full force and effect, and for such amendment to cause a full and complete release from the terms and provisions of this Agreement of the portion of the Easement Area from which the Improvements have been removed and relocated.

Repair and Maintenance.

Grantee shall repair and maintain the Easement Area and Improvements and 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.

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. In the event the deficiencies are not remedied in a commercially reasonable fashion within such fifteen (15) day period 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. Any sums due hereunder which are not paid when due shall accrue interest calculated at the monthly LIBOR rate plus two percent (2%) from the date the payment is due until the payment is received. Notwithstanding anything contained herein to the contrary, in the event that the foregoing obligation of Grantee requires capital improvements, Grantee shall have a period of thirty (30) days to comply with the provisions herein instead of the fifteen (15) days as otherwise stated herein.

Damage.

In the event that Grantee, its respective employees, agents, assignees, or contractors cause damage to the Easement Area or any of the improvements located within the Easement Area, or causes damage to Grantor’s other property or any improvements located thereon, in the exercise of the easement rights granted herein, Grantee, at Grantee’s sole cost and

expense, agrees to commence and diligently pursue the restoration of the same and the improvements so damaged to as nearly as practical to the original condition and grade, including, without limitation, repair and replacement of any landscaping, hardscaping, plantings, ground cover, roadways, driveways, sidewalks, parking areas, fences, walks, utility lines and other structures, within thirty (30) days after receiving written notice of the occurrence of any such damage, and Grantee shall allow no lien to attach to the Easement Area or any improvements located on said property or Grantor’s other property arising out of work performed by, for, or on behalf of Grantee.

In the event that Grantor, its respective employees, agents or contractors, cause damage to the Improvements located within the Easement Area, Grantor, at Grantor’s sole cost and expense, agrees to commence and diligently pursue the restoration of the Improvements so damaged to as nearly as practical to the original condition, within thirty (30) days after receiving written notice of the occurrence of any such damage, and Grantor shall allow no lien to attach to the Easement Area or any Improvements located thereon arising out of work performed by, for, or on behalf of Grantor.

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. Grantee, or 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 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 coverage maintained by Grantor. Nothing herein operates as a waiver of Grantee’s sovereign immunity or the limits of liability under Florida law.

Indemnification.

Grantor agrees to defend, indemnify and hold Grantee harmless from and against any and all claims, suits, judgments, demands, costs and expenses, including attorney’s fees of any kind or nature whatsoever related to this Agreement arising directly out of or caused by any act or omission of Grantor, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialman).

To the extent allowed by law, Grantee agrees to defend, indemnify and hold harmless Grantor, its agents, employees and contractors from and against any and all claims, suits,

judgments, demands, cost and expenses, including attorney's fees of any kind or nature whatsoever related to this Agreement arising directly out of or caused by any act or omission of Grantee, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialmen).

Grantor agrees that nothing contained in this Agreement shall constitute or be construed as a waiver of Grantee’s limitations on liability set forth in Section 768.28, Florida Statutes, and other applicable law.

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 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.

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.

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, Florida time), to the address listed above or to such other address as either Party may from time to time designate by written notice in accordance with this paragraph.

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 not inconsistent with the easement rights created herein.

Grantee shall not exercise its easement rights granted herein in any manner which unreasonably interferes with or unreasonably disrupts Grantor’s operations on the Easement Area.

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, the predominantly prevailing party shall be entitled to reasonable 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 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. Any judgment or decree rendered in any such actions or proceedings shall include the award of attorneys’ fees, costs, and expenses, as just described. The terms of this section shall survive the termination of this Agreement.

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]

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

“GRANTOR”

Signed, sealed and delivered	TDCP, LLC,
in the presence of:	a Florida limited liability company

By:		 Print Name:		Nicholas F. Beucher, III, President

Print Name:	

STATE OF FLORIDA	)
) ss: COUNTY OF ORANGE	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this    day of 	, 2022, by Nicholas F. Beucher, III, as President of TDCP, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or has produced 		 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

“GRANTEE”

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

By:	 Print Name:		Name:	
Title:	

Print Name:	

STATE OF FLORIDA	)
)
COUNTY OF	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization, this	day of 	, 2022, by 	,

as 	 of POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT, a
local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, on behalf	of	the	district,	who	is	personally	known	to	me	or	has	produced
	 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

EXHIBIT “A”

Easement Area

[See Attached Sketch of Description – CS# 17-133(198) – 9 Pages]

  	

SKETCH OF DESCRIPTION
SEE SHEET 1 f'OR KEY MAP
SEE st£ETS 2 lHROUGH 7 f'OR SKETCH
SEE st£ETS 8 AND 9 f'OR LEGAL DESCRIPTION SEE Sl£ET 9 FOR NOTES AND LEGEND

IKEY MAPI

North

I I
I  I
I  I
CENTERLINE DRIVE
{PB 107, PG 131-133)

LANDS DESCRIBED IN )	,.,,.,,,-, ./"" ORB 5620, PG 2323

:;;

N	N

J. J.
I	I
:;;

Scale: ,.  -  600.

NOTPLATIED

,.,,.,,,.,

,.,,.,,,-,

7

Ji_

NOT PLATTED

LUMINARY BOULEVARD
(LUMINARY BOULEVARD PHASE 1B

LUMINARY BOULEVARD
(PB 109, PGS 14-19)

PB 106, PGS 104-107)

sKEEfi-

sHiET 3
I

NOT PLATTED
--------- -
--	SHE _2----

ORANGE COUNTY PUBLIC SCHOOL SITE (DOC# 20200665177)
NOT PLATTED

NOT PLATTED

2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068	Robert	August 01, 2022

PREPARED f'OR:					
	7/29/22	RTS			
TDCP, LLC				ETCH AND LEGAL	
	DATE	BY			
LUMINARY BOULEVARD PHASE 1C					
			
COD LANDSCAPE c!c IRRIGA110N EASEMENT			
I NIDONALD  W. MclNTOSH	Assoc1ATEs.  INC.
ENGINEERS	PLANNERS	SURVEYORS		

-------------Ca::;ER;-Tl.:;,fl.:.,:C_,AlE=...0._F_A...,.U_lH_,.0..,Rl;:a;ZA_ll..,.O._N_N.o.. ._LB=68..._....-------t Florida	)Or and Mapper

DRAWN BY: MKS	CHECKED BY:JmL	JOB NO.	SCALE	SHEET_-'--l--	NOT VALID	
DATE: 05/2022	DATE:	05/2022	17137	1·-soo·	OF	9	FL	

Certlfl
T 1HE ORIGINAL SIGNATURE AND SEAL.
REs5 06	7$	-

Printed:  Mon 01-Aug-2022 - 09:13AM
F: \Proj2017\17137\Sdwg\NAW88\sod\17-133(198) Luminary Blvd Ph 1C COD  Easement.dwg

CSf 17-133(198)

SKETCH OF DESCRIPTION
SEE st£ET 1 FOR KEY MAP
SEE st£ETS 2 TiflOUGH 7 FOR SKETCH
SEE st£ETS 8 AND 9 FOR LEGAL DESCRIPTION SEE Sl£ET 9 FOR NOTES AND LEGEND

LINE TABLE (lHIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L1	SDB•44•2o•E	120.00·	
L2	S8115'40"W	430.33'	
L3	N1112·1s·w	64.71'	

Scale: •f

200·

CUR\£ TABLE (THIS SHEET ONLY)	
NUMBER 
c1	RADIUS
2310.00·	DELTA
21"J2'0&·	LENGlH 
868.23'	CHORD
863.13'	CHORD  BEARING
NB7'58'1rw	

LUMINARY BOULEVARD
(LUMINARY BOULEVARD PHASE 1B
PB 106, PGS 104-107)

IN	S C ON OF WESTERLY LINE OF LANDS DESCRIBED IN DOC# 20200665177 AND

-

SOUTHERLY LINE OF LUMINARY BOULEVARD PHASE 1C
(PB 109, PGS 14-19)

-

-
SOUTHERLY LINE OF

NOT PLATTED

- -

POINT OF COMMENCEMENT
NORTHWEST CORNER OF LUMINARY BOULEVARD (PB 106, PGS 104-107)
------

LUMINARY BOULEVARD	LUMINARVBOULEVARD	\.2	-
PHASE 1C	PGS14-19)	- - -
(PB 109, PGS 14-19)	(PBl09,	- - --	\NE Of
- -	C1	-	ES'TERL'<JLEVARO
-	- -	-  - --	- - -	-	PC	LUMINARY 0,04_,07)
(PB ,os, pG

WESTERLY LINE OF LANDS DESCRIBED IN DOC# 20200665177

coRNER OF sou1H ES1 BOULEVARO LUMINAR\s ,04-,07)

,oe.

(PB	P

	IANDSDESCRIBEDIN---------------
DOC# 2020066S177
NOT PLATTED

PREPARED FOR:

DRAWN BY: MKS
DATE:05/2022

SHEET_-=2'--_
OF  	9 

SCALE 1••200'

JOB NO. 17137

checked by:.B.TIL. date:	05/2022

TDCP, LLC
WMINARY BOULEVARD PHASE 1C
COD LANDSCAPE & IRRIGAllON EASEMENT
DONALD W. MclNTOSH Assoc1A TES. INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68

Printed:  Mon 01-Aug-2022 - 09:13AM
F: \Proj2017\17137\Sdwg\NAW88\sod\17-133(198) Luminary Blvd Ph 1C COO  Easement.dwg

CSf 17-133(198)

SKETCH OF DESCRIPTION
SEE StEET 1 FOR KEY MAP
SEE stEE1S 2 THROUGH 7 FOR SKETat
SEE stEE1S 8 AND 9 FOR LEGAL DESCRIPTION
SEE StEET 9 FOR NOTES AND LEGEND	North
1	•

I
I	NOT PLATTED

	I
Scale: 1· •	100'

:el	,

§I !r-------------

1	1
POINTOF

i1,	-	-_-J----:- _--_ :::c!N!	I

l"I1

't\£51ERLY LINE OF
I	LANDS DESCRIBED IN

--,_I'

1

1	p	(WMINARY  BOULEVARD	DOC# 20200665lro

!

(I)	'	(PBl09, PGS 14-19)	SOUTHERLY LINE OF
f:l	t	'	,E Jr.t:re CES'IRo	LUMINARY B

- -	I

:UcI	, t

C2	PHASE lC	8	(PB 109, PGS 14-19)	J;

I::!	C21	1

di

(PB 109, PGS 14 19)	c:i	(SEE SHEET 2 FOR
POC TO POB DETAIL)
,	UTILITY.J	PC

_,.I	EASEMENT
I

LINE TABLE (11-IIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L3	Nn12'15"W	64.71'	
L4	Nn12'15"W	123.31'	
L16	S7712'15"E	111.06'	

NOTPLAmo

CUR TABLE (THIS SHEET ONLY)

I
Ve:--
/
ORANGE COUNTY
PUBLIC SCHOOL SITE DOC#2020066Sln

I

NOTPLAmo

NUMBER	RADIUS	DELTA	LENGTH	CHORD	CHORD BEARING	
C2	2190.00'	35'35'03"	1360.13'	1336.37'	S85"00'14"W	
C21	2160.00'	35'35'03"	1353.92'	1332.26'	N85"00'14"E	
C22	12.50'	78'27'47"	17.12'	15.81'	N63'33'52"E	

PREPARED FOR:
NI

IDCP, LLC

I

WMINARY BOULEVARD PHASE 1C
CDO LANDSCAPE &; IRRIGA110N EASEMENT

DONALD W. MclNTOSH	Assoc1ATEs. INC. ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUlHORIZATION NO. LB68

SHEET_.=...3 
OF	9

SCALE
1•-100•

JOB NO.
17137

CHECKED BY:.BJS_
DATE:	05/2022

DRAWN BY: MKS
DATE: 05/2022

Printed:  Man 01-Aug-2022 - 09:13AM
F: \Proj2017\17137\Sdwg\NAVD88\sod\17-133(198) Luminary BIYCI Ph 1C COD  Easernent.dwg

cs, 17-133{198)

SKETCH OF DESCRIPTION
SEE St£ET 1 FOR KEY MAP
SEE SHEETS 2 THROUGH 7 f'OR SKETCH
SEE SHEETS 8 AND 9 FOR LEGAL DESCRIPTION
SEE SHEET 9 FOR NOTES AND LEGEND	North
f	•		ftJIJ'

NOTPLAmD

Scale: ,. -	100•	I

1:0c

-	- -	- - -	73::

- - ----

---- -------	I?.
le:

- - --	- -	oulE\l RO	I
\	-  ----	lUt,J\\N R'! s t4-19)	I	I1
\	-----	l\>Bl.09,	'	C2	'	I

"'(	-	SOUTHERLY LINE Of
\	LUMINARY BOULEVARD

J	C21	t

1ffl

q\.

PHASE 1c	p	lcn
(PB 109, PGS 14 19)	U1\U"N	8.	\

\	E SEMEN'T
\	\

,l-

i\\

'	'
,'ct,_
'&,
(J\\

NOT PLATTED	I

CUR'-£ TABLE (THIS SHEET ONLY)

NUMBER	RADlJS	DELTA	LENGTH	CHORD	CHORD BEARING	
C2	2190.00'	35"35'03"	1360.13'	1338.37'	S85'00'14"W	
C21	2180.00'	35'35'03"	1353.92'	1332.26'	N85'00'14"E	

PREPARED FOR:
NI

TDCP, LLC

I

LUMINARY BOULEVARD PHASE 1C
COD LANDSCAPE & IRRIGA110N EASEMENT

DONALD W. MclNTOSH	Assoc1ATEs, INC. ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTlflCATE Of AUTHORIZATION NO. LB68

SHEET_4 _ OF	9

SCALE
1"•100'

JOB NO.
17137

CHECKED BY:.RIS.._ DATE:	05/2022

DRAWN BY: MKS
DATE: 05/2022

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE st£ETS 2 ntROUGH 7 FOR SKETCH
SEE st£ETS 8 AND 9 FOR LEGAL DESCRIPTION SEE SHEET 9 FOR N0m	AND LEGEND

Scole: 1· •	100'

North

NOT PLATTED

SOUlHERLY LINE OF LUMINARY BOULEVARD
PHASE 1C
{PB 109, PGS 14-19)

LINE TAB	LE (lHIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L5	S6712'42"W	437,08'	
L15	N67'12'42"E	437.08'	

NOT PLATTED

CUR\'E TABLE (1HIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	LENG1H	CHORD	CHORD BEARING	
C2	2190.00'	35•35•03•	1360.13'	1338.3T	S85'00'14"W	
C21	2180.00'	35'35'03"	1353.92'	1332.26'	N85'00'14"E	

PREPARED F'OR:

NI

TDCP, LLC

I

LUMINARY BOULEVARD PHASE 1C
COD LANDSCAPE & IRRIGATION EASEMENT

DONALD W. MclNTOSH	Assoc1ATEs. INC. ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTlflCATE OF AUlHORIZA TION NO. LB68

SHEET_5=----
OF	9

SCALE 1•-100•

JOB NO. 17137

CHECKED BY:.BIS  DATE:	05/2022

DRAWN BY: MKS
DATE: 05/2022

SKETCH OF DESCRIPTION
SEE StEET 1 FOR KEY MAP
SEE SHEETS 2 THROUGH 7 FOR SKETat
SEE SHEETS 8 AND 9 FOR LEGAL DESCRIPllON SEE StEET 9 FOR NOTES AND LEGEND

•Nor th

Scale:,	• •	100'

LINE TABLE (MS  SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L6	S33'54'33"E	45.39'	
L7	551-03•22•w	81.39'	
LB	N16"40'1 l"E	69.45'	
L9	N21'38'46•w	138.99'	
L11	S21'38"46"E	138.99'	
L12	S16'40'11·w	69.45'	
L13	N51"03'22•E	99.75'	
L14	NJ3'54'JJ•w	54.55'	

NOT PLATTED

PC
10.00,

\
\
\
\
\

PC

...
6
PT

CURV£ TABLE (lHIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	LENGlH	CHORD	CHORD BEARING	
CJ	274.00'	21,3'51"	101.53'	100.95'	S56"J5'46"W	
C4	38.00'	54-05'51"	35.88'	34.56'	S18'55'55"W	
C5	48.50'	25•47•32•	21.83'	21.65'	S21'00'46"E	
C6	ns.50'	10"09'04"	137.93'	137.75'	N49"06'26"W	
C7	221.50'	15'22'36"	59.45'	59.27'	N46'29'40"W	
C8	109.00'	55"28'33"	105.54'	101.46'	N11'04'05"W	
C9	78.50'	3818'57"	52.50'	51.52'	N02'29'17"W	
CID	700.00'	5'26'55"	66.57'	66.54'	N24'22'13"W	
C13	690.00'	5'26'55"	65.62'	65.59'	S24'22'13"E	
C14	68.50'	38i8'57"	45.81'	44.96'	S02'29'17"E	
C15	119.00'	55"28'33"	115.22'	110.77'	S11'04'05"E	
C16	231.50'	15'22'36"	62.13'	61.94'	546'29'40"E	
C17	768.50'	10•49•59•	145.30'	145.09'	S48"45'59"E	
C18	38.50'	25"47'32"	17.33'	17.19'	N21'00'46"W	
C19	28.00'	54'05'51"	26.44'	25.47'	N18'55'55"E	
C20	264.00'	2113'51"	97.83'	97.27'	N56"35'46"E	

NOTPLAmD

PREPARED FOR:
TDCP, LLC
LUMINARY BOULEVARD PHASE 1C
COD LANDSCAPE c!c IRRIGA110N EASEMENT		
DONALD W. MclNTOSH	Assoc1ATEs.  INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICAlE OF AUTHORIZATION NO. LB68	
DRAWN BY: MKS
DATE: 05/2022	CHECKED BY:.BIS_ DATE:	05/2022	JOB NO. 17137	SCALE 1"•100'	SHEET_ 6  OF	9	

Printed:  Mon 01-Aug-2022 - 09:13AM
F: \Proj2017\17137\Sdwg\NAW88\sod\17-133(198) Luminary BIYd Ph 1C COO  Easement.dwg

NT

cs, 17-133(198)

SKETCH OF DESCRIPTION
SEE Sl£ET 1 f'OR KEY MAP

\

SEE stEE1S 2 THROUGH 7 FOR SKETCH

SEE stEE1S 8 AND 9 FOR LEGAL DESCRIPTION SEE Sl£ET 9 f'OR NOTES AND LEGEND

NOTPLAmD

North
1		

Scale: •1 •	100'

-io.---""-LANDSDESCRIBED IN--o::::::-­ ORB 5620, PG 2323

\	WESTERLY LINE OF
\		LUMINARY BOULEVARD HASE 1C
PB 109, PGS 14-19)
NOT PLATTED

NOTPLAmD

(,
<%

\

l.«-	\
\
::>'(<':

,,,,,.,,,,,.
\  ,,,,,. "\ 0

CURVE TABLE (THIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	LENGTH	CHORD	CHORD BEARING	
C11	2214.50'	7"37'13•	294.53'	294.31'	N30"54'17•w	
C12	2204.50'	7"40'46"	295.47'	295.25'	S30'56'04"E	

PREPARED FOR:
TDCP, LLC
WMINARY BOULEVARD PHASE 1C
COD LANDSCAPE & IRRIGATION EASEMENT		
DONALD W. MclNTOSH	Assoc1ATEs.  INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUlHORIZATION NO. LB68	
DRAWN BY: MKS
DATE: 05/2022	CHECKED BY:.BJS_ DATE:	05/2022	JOB NO. 17137	SCALE
1••100'	SHEET	7  
OF	9	

Printed: Mon 01-Aug-2022 - 09:13AM
F:\Proj2017\17137\Scfwg\NAW88\sod\17-133(198) Luminary Blvd Ph 1C COD Eaaement.dwg

L10	I ses'04'58·w I 10.26'

NUMBER I	BEARING	I DISTANCE

UIE TABLE (THIS SHEET ONLY)

,,,,,.,,,,,.:;c
;	\l-r

,,,,,.,,,,,.¢,
cf,,,.,
v"f\'i..

cs, 17-133(198)

	SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 1HROUGH 7 FOR SKETCH
SEE SHEETS 8 AND 9 FOR LEGAL DESCRIPTION SEE SHEET 9 FOR N01ES ANO LEGEND

DESCRIPTION:

That part of Section 31, Township 24 South, Range 31 East, and that part of Section 36, Township 24 South, Range 30 East, Orange County, Florida, described as follows:

Commence at the Northwest corner of Luminary Boulevard, according to the plat of LUMINARY BOULEVARD PHASE 18, as recorded in Plat Book 106, Pages 104 through 107, of the Public Records of Orange County, Florida; thence S08°44'20"E along the Westerly line of said Luminary Boulevard, 120.00 feet to the Southwest corner of said LUMINARY BOULEVARD PHASE 1B, and the Southerly line of the plat of LUMINARY BOULEVARD PHASE 1C, as recorded in Plat Book 109, Pages 14 through 19, of the Public Records of Orange County, Florida; thence departing said Westerly line, run the following courses and distances along said Southerly line and the Westerly line of said plat of LUMINARY BOULEVARD PHASE 1C: S81°15'40"W, 430.33 feet to the point of curvature of a curve concave Northerly having a radius of 2310.00 feet and a chord bearing of N87°58'17"W; thence Westerly along the arc of said curve through a central angle of 21°32'06"' for a distance of 868.23 feet to the point of tangency; N77°12'15"W, 64.71 feet to the intersection of the Westerly line of lands described in Official Records Document Number 20200665177, of the Public Records of Orange County, Florida, and said Southerly line of said plat of LUMINARY BOULEVARD PHASE 1C, and the POINT OF BEGINNING; continue N77"12'15"W, 123.31 feet to the point of curvature of a curve concave Southerly having a radius of 2190.00 feet and a chord bearing of S85"00'14"W; thence Westerly along the arc of said curve through a central angle of 35°35'03" for a distance of 1360.13 feet to the point of tangency; S67°12'42"W, 437.08 feet to the point of curvature of a curve concave Southeasterly having a radius of 274.00 feet and a chord bearing of SS6°35'46"W; thence Southwesterly along the arc of said curve through a central angle of 21°13'51" for a distance of 101.53 feet to the point of compound curvature of a curve concave Easterly having a radius of 38.00 feet and a chord bearing of Sl8°55'55"W; thence Southerly along the arc of said curve through a central angle of 54°05'51" for a distance of 35.88 feet to the point of compound curvature of a curve concave Easterly having a radius of
48.50 feet and a chord bearing of S21°00'46"E; thence Southerly along the arc of said curve through a central angle of 25°47'32" for a distance of 21.83 feet to the point of tangency; S33°54'33"E, 45.39 feet; S51°03'22"W, 81.39 feet to a non-tangent curve concave Southwesterly having a radius of 778.50 feet and a chord bearing of N49"06'26"W; thence Northwesterly along the ,;1rc of said curve through a central angle of 10"09'04" for a distance of 137.93 feet to the point of reverse curvature of a curve concave Northeasterly having a radius of 221.50 feet and a chord bearing of N46"29'40"W; thence Northwesterly along the arc of said curve through a central angle of 15"22'36" for a distance of 59.45 feet to the point of compound curvature of a curve concave Easterly having a radius of 109.00 feet and a chord bearing of Nll "04'05"W; thence Northerly along the arc of said curve through a central angle of 55°28'33" for a distance of 105.54 feet to the point of tangency; Nl6"40'll"E, 69.45 feet to the point of curvature of a curve concave Westerly having a radius of 78.50 feet and a chord bearing of N02°29'17"W; thence Northerly along the arc of said curve through a central angle of 38°18'57" for a distance of
52.50 feet to the point of tangency; N21"38'46"W, 138.99 feet to the point of curvature of a curve concave Southwesterly having a radius of 700.00 feet and a chord bearing of N24°22'13"W; thence Northwesterly along the arc of said curve through a central angle of 05"26'55" for a distance of 66.57 feet to the point of compound curvature of a curve concave Southwesterly having a radius of 2214.50 feet and a chord bearing of N30"54'17"W; thence Northwesterly along the arc of said curve through a central angle of 07°37'13" for a distance of
294.53 feet to the South line of lands described in Official Records Book 5620, Page 2323, of the Public Records of Orange County, Florida, and a non-tangent line; thence departing said Westerly line, run S68°04'58"W along said South line, 10.26 feet to a non-tangent curve concave Southwesterly having a radius of 2204.50 feet and a chord bearing of S30"56'04"E; thence departing said South line, run Southeasterly along the arc of said curve through a central angle of 07°40'46" for a distance of 295.47 feet to the point of compound curvature of a curve concave Southwesterly having a radius of 690.00 feet and a chord bearing of S24"22'13"E; thence Southeasterly along the arc of said curve through a central angle of 05°26'55" for a distance of 65.62 feet to the point of tangency; thence S21"38'46"E, 138.99 feet to the point of curvature of a curve concave Westerly having a radius of 68.50 feet and a chord bearing of S02"29'17"E; thence Southerly along the arc of said curve through a central angle of 38°18'57" for a distance of 45.81 feet to the point of tangency;

(D£SCRIP110N CON11NU£D ON SHEET 9)		
	PREPARED FOR:
TDCP, LLC
LUMINARY BOULEVARD PHASE 1C
COD LANDSCAPE & IRRIGA110N EASEMENT			
	DONALD W. MclNTOSH Assoc1A TES, INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407} 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68			
	DRAWN BY: MKS
DATE: 05/2022	CHECKED BY: .BIS_
DATE:	05/2022	JOB NO.
17137	SCALE
N/A	SHEET_ B 
OF_--=9				

Printed: Mon 01-Aug-2022 - 09:13AM
F:\Proj2017\17137\Sdwg\NAVD88\sod\17-133{198) Luminary Blvd Ph 1C COD Easement.dwg

SL16971desc	CS, 17-133(198)

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 lHROUGH 7 FOR SKETCH
SEE SHEETS 8 AND 9 FOR LEGAL DESCRIPTION SEE SHEET 9 FOR NOlES AND LEGEND

(DESCRIPTION CONTINUED FROM SHEET B)
thence S16"40'11"W, 69.45 feet to the point of curvature of a curve concave Easterly having a radius of 119.00 feet and a chord bearing of Sll 004'05"E; thence Southerly along the arc of said curve through a central angle of 55°28'33" for a distance of 115.22 feet to the point of compound curvature of a curve concave Northeasterly having a radius of 231.50 feet and a chord bearing of S46*29'40"E; thence Southeasterly along the arc of said curve through a central angle of 15°22'36" for a distance of 62.13 feet to the point of reverse curvature of a curve concave Southwesterly having a radius of 768.50 feet and a chord bearing of S48°45'59"E; thence Southeasterly along the arc of said curve through a central angle of 10*49'59" for a distance of 145.30 feet to a non-tangent line; thence N51°03'22"E, 99.75 feet; thence N33"54'33"W, S4.55 feet to the point of curvature of a curve concave Easterly having a radius of 38.50 feet and a chord bearing of N21°00'46"W; thence Northerly along the arc of said curve through a central angle of 25°47'32" for a distance of 17.33 feet to the point of compound curvature of a curve concave Easterly having a radius of 28.00 feet and a chord bearing of Nl8°55'55"E; thence Northerly along the arc of said curve through a central angle of 54°05'51" for a distance of 26.44 feet to the point of compound curvature of a curve concave Southeasterly having a radius of 264.00 feet and a chord bearing of N56°35'46"E; thence Northeasterly along the arc of said curve through a central angle of 21°13'51" for a distance of 97.83 feet to the point of tangency; thence N67*12'42"E, 437.08 feet to the point of curvature of a curve concave Southerly having a radius of 2180.00 feet and a chord bearing of N85°00'14"E; thence Easterly along the arc of said curve through a central angle of 35"35'03" for a distance of 1353.92 feet to the point of tangency; thence S77"12'15"E,
111.06 feet to the aforesaid Westerly line of lands described in Official Records Document Number 20200665177, and a non-tangent curve concave Southeasterly having a radius of 12.50 feet and a chord bearing of N63"33'52"E; thence Northeasterly along said Westerly line and the arc of said curve through a central angle of 78*27'47" for a distance of 17.12 feet to the POINT OF BEGINNING. This description is based on Florida State Plane Coordinate System East Zone, average combined scale factor of 0.99994883912, NAD 83 Datum (2011adjustment) and all distances are grid dimensions.

Being subject to any rights-of-way, restrictions and easements of record.

NOlES:
This is not a survey.
Not valid without the original signature and seal. or an electronic seal (5J-17.062(3) F.A.C.) of a Florida Professional Surveyor and Mapper.
Bearings based on the Westerly line of Luminary Boulevard, according to the plat of LUMINARY BOULEVARD PHASE 1B, as recorded in Plat Book 106, Pages 104 through 107, of the Public Records of Orange County, Florida, as being S08'44'20"E, per plat.

The features and linework shown hereon are in grid position, relative to National Geodetic Survey control point "Lance" (PID AJ2445), Northing 1477081.39, Easting 575759.46 Florida State Plane Coordinate System, Florida East zone, 1983 North American Datum, 2011 adjJstment average combined factor: 0.99994883912 (1.00005116349757). All dimensions are Grid dimensions in U.S. Survey Feet, based on said Florida State Plane Coordinate System, Florida East zone, 1983 North American Datum, 2011 adjustment.
Lands shown hereon were not abstracted for rights-of-way, easements, ownership or other Instruments of record by this firm.
No title opinion or abstract of matters affecting title or boundary to the subject property or those of adjoining land owners have been provided. It is possible there are deeds of record, unrecorded deeds or other instruments which could affect the boundaries or use of the subject property.
This Sketch of Description does not depict any easements of record that may be within or adjoining the lands described hereon.
No faclllties associated with this sketch of description have been field located by Donald W. McIntosh Associates, Inc.
The configuration of this sketch of description is based on information provided to DWMA.	LEGEND
SECTION 31-24-31 SECTION 31, TOWNSHIP 24 SOUTH,

DONALD W. MclNTOSH ASSOCIATES, INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68

LUMINARY BOULEVARD PHASE 1C
CDD LANDSCAPE & IRRIGATION EASEMENT

TDCP, LLC

PREPARED FOR:

RANGE 31 EAST
L1	 LINE NUMBER (SEE TABLE) Cl	CURVE NUMBER (SEE TABLE)
DOC# ORANGE COUNTY PUBLIC RECORDS DOCUMENT NUMBER
R/W RIGHT-OF-WAY
'	PROPERTY LINE
PB	PLAT BOOK PG(S) PAGE(S)
POC  POINT OF COMMENCEMENT
POB POINT OF BEGINNING PC	POINT OF CURVATURE
PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE

DRAWN BY:MKS DATE: 05/2022

CHECKED BY:.filS_
DATE: 05/2022

JOB NO. 17137

SCALE
N/A

SHEET_-=9 
OF	g --

PT	POINT OF TANGENCY NT	NON-TANGENT
ORB	OFFlCIAL RECORDS BOOK

Printed:  Mon 01-Aug-2022 - 09:13AM
F:\Proj2017\17137\Sdwg\NAVD88\aod\17-133(198) Luminary Blvd Ph 1C COO Eaaement.dwg

SL16971desc	CSf 17-133(198)

C

I

Prepared By and Return To:

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

LANDSCAPE, IRRIGATION, AND HARDSCAPE AND LIGHTING AGREEMENT
(Luminary Boulevard Phase 1C)

THIS	LANDSCAPE,	IRRIGATION,	HARDSCAPE	AND	LIGHTING
AGREEMENT (the “Agreement”) is made and entered into as of the Effective Date (as defined herein) by and between LAKE NONA LAND COMPANY, LLC, a Florida limited liability company, whose mailing address is 6900 Tavistock Lakes Boulevard, Suite 200, Orlando, Florida 32827 (the “Grantor”), and 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, whose address is 3501 Quadrangle Blvd., Ste 270, Orlando, Florida 32817 (the “Grantee”) (Grantor and Grantee are sometimes together referred to herein as the “Parties”, and separately as the “Party”).

W I T N ES 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 perpetual, non-exclusive easement (the “Easement”) on, upon, over, under, across and through the Easement Area for the purpose of ingress, egress and access to and for the construction, installation, operation, repair, maintenance, use and replacement of the Improvements (as defined below), 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 hereby grants to Grantee, its successors and/or assigns, a perpetual, non-exclusive easement (the “Easement”) on, upon, over, under, across and through the Easement Area for the purpose of ingress, egress and access to and for the construction, installation, operation, repair, maintenance, use and replacement of landscaping, irrigation, hardscaping and lighting, including, without limitation, grass, sodding, shrubbery, plants, flowers, bushes, trees and mulch (with all of the foregoing being hereinafter referred to collectively as the

“Improvements”). 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, in its sole and absolute discretion, shall be entitled to develop and redevelop the property of which the Easement Area forms a part of or any adjacent property to which the Easement Area abuts, and in connection therewith, may elect, in its sole and absolute discretion, to reconfigure and relocate the Improvements and the Easement Area to conform to the final ascertained location of the Improvements elsewhere on its property; provided, further, that the same (i) shall be performed at the sole cost and expense of Grantor, (ii) shall be performed in accordance with all applicable laws, rules, regulations, governmental and quasi- governmental permits, ordinances, and approvals for such relocation or reconfiguration, and (iii) shall provide at least the same Improvements or substantially the same Improvements that existed prior to such reconfiguration or relocation. In such event, an amendment shall be made to this Agreement by Grantor and Grantee to relocate (and re-describe) the Easement Area accordingly. No additional parties shall have the right to, nor shall be required to, join in such amendment to this Agreement, nor shall any additional party have the right to approve such amendment, for such amendment to have full force and effect, and for such amendment to cause a full and complete release from the terms and provisions of this Agreement of the portion of the Easement Area from which the Improvements have been removed and relocated.

Repair and Maintenance.

Grantee shall repair and maintain the Easement Area and Improvements and 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.

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. In the event the deficiencies are not remedied in a commercially reasonable fashion within such fifteen (15) day period 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. Any sums due hereunder which are not paid when due shall accrue interest calculated at the monthly LIBOR rate plus two percent (2%) from the date the payment is due until the payment is received. Notwithstanding anything contained herein to the contrary, in the event that the foregoing obligation of Grantee requires capital improvements, Grantee shall have a period of thirty (30) days to comply with the provisions herein instead of the fifteen (15) days as otherwise stated herein.

Damage.

In the event that Grantee, its respective employees, agents, assignees, or contractors cause damage to the Easement Area or any of the improvements located within the Easement Area, or causes damage to Grantor’s other property or any improvements located

thereon, in the exercise of the easement rights granted herein, Grantee, at Grantee’s sole cost and expense, agrees to commence and diligently pursue the restoration of the same and the improvements so damaged to as nearly as practical to the original condition and grade, including, without limitation, repair and replacement of any landscaping, hardscaping, plantings, ground cover, roadways, driveways, sidewalks, parking areas, fences, walks, utility lines and other structures, within thirty (30) days after receiving written notice of the occurrence of any such damage, and Grantee shall allow no lien to attach to the Easement Area or any improvements located on said property or Grantor’s other property arising out of work performed by, for, or on behalf of Grantee.

In the event that Grantor, its respective employees, agents or contractors, cause damage to the Improvements located within the Easement Area, Grantor, at Grantor’s sole cost and expense, agrees to commence and diligently pursue the restoration of the Improvements so damaged to as nearly as practical to the original condition, within thirty (30) days after receiving written notice of the occurrence of any such damage, and Grantor shall allow no lien to attach to the Easement Area or any Improvements located thereon arising out of work performed by, for, or on behalf of Grantor.

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. Grantee, or 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 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 coverage maintained by Grantor. Nothing herein operates as a waiver of Grantee’s sovereign immunity or the limits of liability under Florida law.

Indemnification.

Grantor agrees to defend, indemnify and hold Grantee harmless from and against any and all claims, suits, judgments, demands, costs and expenses, including attorney’s fees of any kind or nature whatsoever related to this Agreement arising directly out of or caused by any act or omission of Grantor, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialman).

To the extent allowed by law, Grantee agrees to defend, indemnify and hold harmless Grantor, its agents, employees and contractors from and against any and all claims, suits, judgments, demands, cost and expenses, including attorney's fees of any kind or nature whatsoever related to this Agreement arising directly out of or caused by any act or omission of Grantee, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialmen).

Grantor agrees that nothing contained in this Agreement shall constitute or be construed as a waiver of Grantee’s limitations on liability set forth in Section 768.28, Florida Statutes, and other applicable law.

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 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.

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.

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, Florida time), to the address listed above or to such other address as either Party may from time to time designate by written notice in accordance with this paragraph.

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 not inconsistent with the easement rights created herein. Grantee shall not exercise its easement rights granted herein in any manner which unreasonably interferes with or unreasonably disrupts Grantor’s operations on the Easement Area.

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, the predominantly prevailing party shall be entitled to reasonable 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 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. Any judgment or decree rendered in any such actions or proceedings shall include the award of attorneys’ fees, costs, and expenses, as just described. The terms of this section shall survive the termination of this Agreement.

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]

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

“GRANTOR”

Signed, sealed and delivered	LAKE NONA LAND COMPANY, LLC,
in the presence of:	a Florida limited liability company

By:		 Print Name:		Nicholas F. Beucher, III, President

Print Name:	

STATE OF FLORIDA    )
) ss: COUNTY OF ORANGE	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this    day of 	, 2022, by Nicholas F. Beucher, III, as President of LAKE NONA LAND COMPANY, LLC, a Florida limited liability company, on behalf  of  the  company,  who  is  personally  known  to  me  or  has  produced
	 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

“GRANTEE”

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

By:	 Print Name:		Name:	
Title:	

Print Name:	

STATE OF FLORIDA	)
)
COUNTY OF	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization, this	day of 	, 2022, by 	,

as 	 of POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT, a
local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, on behalf	of	the	district,	who	is	personally	known	to	me	or	has	produced
	 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

EXHIBIT “A”

Easement Area

[See Attached Sketch of Description – CS# 17-133(199) – 7 Pages]

  	

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 THROUGH 5 FOR SKETCH
SEE SHEETS 6 AND 7 AND LEGAL DESCRIPTION SEE SHEET 7 FOR NOlES AND LEGEND

IKEY MAPI

I I
I  I
I  I

CENTERLINE DRIVE (PB 107, PG 131-133)

LANDS DESCRIBED INj	_,,,,.,,,,. .,,,.,,,..
ORB 5620, PG 2323

North

Scale: 1• • 600'

LUMINARY BOULEVARD (LUMINARY BOULEVARD PHASE lB
PB 106, PGS 104 - 107)

J:!	NOT PLATTED

_,,,,.,,,,.

_,,,,.,,,,.	NOT PLATTED

J\	_,,,,.,,,,.	LANDS DESCRIBED IN) DOC# 20210699550
LANDS DESCRIBED IN DOC# 20210699551

--	- _

PROPOSED

LUMINARY BOULEVARD
NOT PLATTED  J

v"'	- -.\- -- --- -

SHEET _

---------

¼"i. ..-	\

'
c; .t,,;,' ..-

_-	E!T_2	- -

NOT PLATTED

BY

DATE

•1

LAKE NONA LAND COMPANY, LLC

1

LUMINARY BOULEVARD PHASE 1C
CDD LANDSCAPE & IRRIGA11ON EASEMENT
DONALD W. MclNTOSH	Assoc1ATEs,   1Nc.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068

Rob

ORANGE COUNTY PUBLIC SCHOOL SITE (DOC# 20200665177)
NOT PLATTED

--------..---------C-ER-TI-FIC-A1-E-O-F...A...U...l.H...O...R...I.Z-A-.T...I.O...N.....N...O.. . LB68 ----,	1Flo

........a.......
DRAWN BY: MKS	CHECKED BY:.BIS..._	JOB NO.	SCALE	SHEET_	1 

Certlflc
NOT v.	r THE ORIGINAL SIGNATURE ANO SEAL.

DATE: 04/2022	DATE:	04/2022	17137	1·=600'	OF	7	OR AN	C SIGNATURE (SJ-17.062(3) F.A.C.),
-	OF A	OFESSIONAL SURVEYOR ANO MAPPER.

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 lHROUGH 5 FOR SKETCH
SEE SHEETS 6 AND 7 AND LEGAL DESCRIPTION

LINE TABLE (lHIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L1	S08'44'20"E	120.00'	
L2	sa1,s•40•w	430.33'	
L3	Nn,2·1s·w	188.02'	

SEE SHEET 7 FOR NOlES AND LEGEND	North

Scale: ,.	•  200'

NUMBER  RADIUS	DELTA	LENGlH CHORD  CHORD  BEARING
C1	2310.00' 21'32'06" 868.23' 863.13'	N87'58'17"W

CURVE TABLE (lHIS SHEET ONLY)

LUMINARY BOULEVARD (LUMINARY BOULEVARD PHASE lB
PB 106, PGS 104-107)

kl,;;-,
§,_/
l:JL

NOT PLATTED

POINT OF COMMENCEMENT
NORTHWEST CORNER OF LUMINARY BOULEVARD (PB 106, PGS 104-107)

§ii	-------	------

-

r

t:JI
/	LJ	SOUlHERLy LINE OF	PROPOSED
LANDS DESCRIBED IN:\ LUMINARY BOULEVARD	L2 -	_

I	_ _	DOC# 20210699550

LANDS DESCRIBED IN DOC# 20210699550

- - -

- -
Ul-lE Of

_ _ _	C1	NOTPLATTED

PC	VjES1ERLB1>uLE\JAR0

I	- - -	- --	- - -	LUMINAR'<	,04--\07)
(PB \06, pGS
QRNER Of
ou11-1WESi C	LE\JARO
S LUMINAR'< : o4-\07)
(PB \06. PG
ORANGE COUNTY
PUBLIC SCHOOL SITE	\
LANDS DESCRIBED IN DOC# 2020066S177 NOT PLATTED

LAKE NONA LAND COMPANY, LLC
LUMINARY BOULEVARD PHASE 1C

CDD LANDSCAPE & IRRIGA110N EASEMENT
DONALD W. MclNTOSH	Assoc1ATEs.   1Nc.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINlER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICAlE OF AUTHORIZATION NO. LB68	
DRAWN BY: MKS
DAlE: 04/2022	CHECKED BY:.BIS_ DA1E:	04/2022	JOB NO. 17137	SCALE 1"=200'	SHEET_2 - OF	7	

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 THROUGH 5 FOR SKETCH
SEE SHEETS 6 AND 7 AND LEGAL DESCRIPTION SEE SHEET 7 FOR NOTES AND LEGEND

	   

North
,	200'
	I 

Scale: 1· •	200'

NOT PLATTED

I

FN

I

FtNil

ti'I	-
I	I

_ -	r-

-------	I
PROPOSED	- -	-	_-	/

\	_ --	LANDS DESCRIBED IN	If·• 'iv'

_	- --	-	'--LUMINARY  BOULEVARD	--	/
--	-	DOC# 20210699550	/:l

fl

_,\	_ -	C2	NO TTED	::J f::
Y Y	_ - -	- - -	- -	lsouTHER-LY_u_NE-o;	- -	-	-	_	I;,:
\	- - --	LANDS DESCRIBED IN	If:!

1.Q =;s:, \

- _ ---	DOC# 20210699550	PC	'·<I(,.,

G  \ ---	/<12,
A \	I
.!i
NOT PLATTED
NOT PLATTED

LINE TABLE (lHIS SHEET ONLY)

NUMBER I BEARING	I DISTANCE
L3	I N11,2•15•w I 1ss.02·

•1

LAKE NONA LAND COMPANY, LLC

1

WMINARY BOULEVARD PHASE 1C
COD LANDSCAPE & IRRIGA110N EASEMENT
DONALD W. MclNTOSH	Assoc1ATEs,   1Nc.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68

SHEET_3 - OF	7

SCALE 1•=200'

JOB NO. 17137

CHECKED BY:.BIS,_ DATE:	04/2022

DRAWN BY: MKS
DATE: 04/2022

NUMBER I RADIUS I DELTA I LENGlH I CHORD I CHORD  BEARING
c2	I 21so.oo· I 35'35'0Y I1380.13• I1338.37' I S85'00'14•w

CURVE TABLE (lHIS SHEET ONLY)

Printed:  Tue 31-May-2022 - 12:38PM

CS, 17-133(199)

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 THROUGH 5 FOR SKETCH
SEE SHEETS 6 AND 7 AND l£GAL DESCRIPTION SEE SHEET 7 FOR NOlES AND l£GEND

'\.'	'	<SOUTH LINE OF
'\.	Ji'	LANDS DESCRIBED IN
ORB 5620, PG 2323

•North

0;....--- !N.J-IJ_'.

	I

,-'	,

POINT OF BEGINNING

Scale: 1•	•  200·

(C\	\	\	SOUTHWEST CORNER OF

'(

"lb""V'°"t,_.>A-

\ (}.		LANDS DESCRIBED IN DOC# 20210699551

NOT PLATTED

'\	.1.	,	\	PROPOSED CENTERLINE DRIVE
'V	LANDS DESCRIBED IN	\
DOC# 20210699550	\

WESTERLY LINE OF

\	NOT PLATTED	VJ

g	J	PCC %	\	,, ,, --',

,	'	ov	ou\.€ ,	c'l.,,,,i.G.-\i

PC	\	V)q_
\	\	,, os't-0 i,.v.O
,	,, ,,	\'\i,.v--t!se , so	.	,,--	\ °'
PT	\	,, .,,,,,,,,,..	\.u""' ' os o'l-'l. to	\

NOT PLATTED

PC fj	,,

,J, ,", °" ",,	\

PT• !)	,, ,,	,,SOUTHERLY LINE OF LANDS DESCRIBED IN

PCC

">
PRC

PC

J

PCC PCC
C5	PT
'

DOC# 20210699550

NOT PLATTED

NT

LINE TABL£ (THIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L4	SB1,2•42•w	437.08'	
L5	S33'54'33•E	45.39'	
L6	ss1'03'22·w	81.39'	
L7	N16'40'WE	69.45'	
L6	N21•J8'45•w	138.99'	

CURVE TABL£ (THIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	l£NGTH	CHORD	CHORD BEARING	
C2	2190.00'	35•35•03•	1380.13'	1338.37'	S85'00'14•w	
C3	274.00'	21,3'51•	101.53'	100.95'	S56'35'46•w	
C4	38.00'	54'05'51•	35.88'	34.56'	
S18'55'55•w	
C5	48.50'	25•47'32•	21.83'	
21.65'	
S21'00'46•E	
C6	ne.50'	10'09'04·	137.93'	137.75'	N49'06'26•W	
C7	221.50'	15'22'38·	59.45'	
59.27'	
N46'29'40•W	
C8	109.00'	55'28'33·	105.54'	101.46'	N11'04'05•w	
C9	78.50'	38ie•57•	52.50'	51.52'	N02'29'17•w	
C10	700.00'	5'26'55·	66.57'	66.54'	N24'22'13•w	
C11	2214.50'	7'37'13•	294.53'	294.31'	N30'54'1rw	

LAKE NONA LAND COMPANY, LLC
LUMINARY BOULEVARD PHASE 1C
CDD LANDSCAPE & IRRIGA110N EASEMENT		
DONALD W. MclNTOSH	Assoc1ATEs.   1Nc.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZA110N NO. LB68	
DRAWN BY: MKS
DATE: 04/2022	checked by:.BIS..... date:	04/2022	JOB NO. 17137	SCALE 1•=200'	SHEET_-'-4 
OF_ 7		

Printed:  Tue 31-May-2022 - 12:38PM

cs, 17-133(199)

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 THROUGH 5 FOR SKETCH
SEE SHEETS 6 AND 7 AND LEGAL DESCRIPTION SEE SHEET 7 FOR NOTES AND LEGEND

•Nor th

NW CORNER OF LANDS DESCRIBED IN DOC# 20210699551

CENTERLINE DRIVE
1	r-(CENTERLINEDRIVE SEGMENT F
PB 107, PGS 131-133)	1

\  NOT PLATTED
\

\

Scale: 1•	•  100'

NOT PLATTED

LINE TABLE (THIS SHEET ONLY)		
NUMBER	BEARING	DISTANCE		
L9	NJ8'30'26•W	121.27'		
L10	N34'11'12•w	13.44'		
L11	S8J'JJ'16·w	10.00'		
L12	SJ4'11'12•E	13.53'		
L13	538'30'26	121.27'		
L14	N68'04'56	10.26'		

/\.

NOT PLATTED

	/	

CURVE TABLE (THIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	LENGlH	CHORD	CHORD BEARING	
C12	2214.50'	3•47'32•	148.57'	148.54'	N36'36' W	
C13	765.50'	21'09'40·	290.11'	288.48'	N27'55'36•w	
C14	769.50'	9'58'	137.33'	137.16'	N11'25'44	
C15	799.50'	10'04'44·	140.64'	140.48'	S11'29'06•E	
C16	795.50'	21'03'15•	292.32'	290.66'	S27'56'48•E	
C17	2204.50'	3'43'59•	143.64'	143.61'	SJ6'38'26•E	

LANDS DESCRIBED IN ORB 5620, PG 2323
\
\

\	r:i	,
\	\} , '!>i'!>

,..

' s o\ io, c;	-

,, ,,,

.-,;;..-

LAKE NONA LAND COMPANY, LLC

..,,,_
L1	POINT OF
	BEGINNING	
SW CORNER OF LANDS DESCRIBED IN

LUMINARY BOULEVARD PHASE 1C
COD LANDSCAPE & IRRIGATION EASEMENT

DONALD W. MclNTOSH	Assoc1ATEs.   1Nc.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUlHORIZATION NO. LB68

DOC# 20210699551
(SEE SHEETS 2-4 FOR POC TO POB)

SHEET_ S  OF	7

SCALE 1"=100'

JOB NO. 17137

CHECKED BY: BIL..
DATE:	04/2022

DRAWN BY: DATE: 04/2022

Printed:  Tue 31-May-2022 - 12:42PM

CS, 17-133(199)

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 THROUGH 5 FOR SKETCH
SEE SHEETS 6 AND 7 AND L£GAL DESCRIPTION SEE SHEET 7 FOR NOlES AND LEGEND
DESCRIPTION:
That part of Section 36, Township 24 South, Range 30 East, Orange County, Florida, described as follows:
Commence at the Northwest comer of Luminary Boulevard, according to the plat of LUMINARY BOULEVARD PHASE 1B, as recorded In Plat Book 106, Pages 104 through 107, of the Public Records of Orange County, Florida; thence S08°44'2o•E along the Westerly line of said Luminary Boulevard, 120.00 feet to the Southwest comer of said plat of LUMINARY BOULEVARD PHASE 1B, and the Southerly line of lands described in Official Records Document Number 20210699550, of the Public Records of Orange County, Florida; thence departing said Westerly line, run the following courses and distances along said Southerly line, and the Westerly line of said lands described in Official Records Document Number 20210699550: S81"15'40•w. 430.33 feet to the point of curvature of a curve concave Northerly having a radius of 2310.00 feet and a chord bearing of N87"58'17•W; thence Westerly along the arc of said curve through a central angle of 21•32•os• for a distance of 868.23 feet to the point of tangency. N77"12'15•w. 188.02 feet to the point of curvature of a curve concave Southerly having a radius of 2190.00 feet and a chord bearing of S85"00'14•W; thence Westerly along the arc of said curve through a central angle of 35•35•03• for a distance of 1360.13 feet to the point of tangency. S67"12'42•w. 437.08 feet to the point of curvature of a curve concave Southeasterly having a radius of 274.00 feet and a chord bearing of S56"35'46•w; thence Southwesterly along the arc of said curve through a central angle of 21"13'51• for a distance of 101.53 feet to the point of compound curvature of a curve concave Easterly having a radius of
38.00 feet and a chord bearing of s15•55•55•W; thence Southerly along the arc of said curve through a central angle of 54-05•51• for a distance of 35.88 feet to the point of compound curvature of a curve concave Easterly having a radius of 48.50 feet and a chord bearing of S21"00'46•E; thence Southerly along the arc of said curve through a central angle of 25•47•32• for a distance of 21.83 feet to the point of tangency. S33"54'33•E, 45.39 feet; S51"03'22"W, 81.39 feet to a non-tangent curve concave Southwesterly having a radius of 778.50 feet and a chord bearing of N49"06'26•W; thence Northwesterly along the arc of said curve through a central angle of 10-09'04• for a distance of 137.93 feet to the point of reverse curvature of a curve concave Northeasterly having a radius of 221.50 feet and a chord bearing of N46"29'40"W; thence Northwesterly along the arc of said curve through a central angle of 15"22'36" for a distance of 59.45 feet to the point of compound curvature of a curve concave Easterly having a radius of 109.00 feet and a chord bearing of N11"04'05"W; thence Northerly along the arc of said curve through a central angle of 55"28'33" for a distance of 105.54 feet to the point of tangency. N16"40'11"E, 69.45 feet to the point of curvature of a curve concave Westerly having a radius of 78.50 feet and a chord bearing of N02"29'17"W; thence Northerly along the arc of said curve through a central angle of 38"18'57" for a distance of 52.50 feet to the point of tangency. N21"38'46"W, 138.99 feet to the point of curvature of a curve concave Southwesterly having a radius of 700.00 feet and a chord bearing of N24"22'13"W; thence Northwesterly along the arc of said curve through a central angle of 05"26'55• for a distance of 66.57 feet to the point of compound curvature of a curve concave Southwesterly having a radius of 2214.50 feet and a chord bearing of N30"54'11•W; thence Northwesterly along the arc of said curve through a central angle of 07"37'13• for a distance of 294.53 feet to the South line of lands described In Official Records Book 5620, Page
2323, of the Public Records of Orange County, Florida, the Southwest corner of lands described In Official Records Document Number 20210699551 of the Public Records of Orange County, Florida, and the POINT OF BEGINNING; thence departing said Westerly line and said South line, run the following courses and distances along the Westerly line of said lands described in Official Records Document Number 20210699551: continue Northwesterly along the arc of said curve concave Southwesterly having a radius of 2214.50 feet, a chord bearing of N36"36'40"W, through a central angle of 03"47'32" for a distance of 146.57 feet to the point of tangency.
(DESCRIPTION CONTINUED ON SHEET 7)

MI

LAKE NONA LAND COMPANY, LLC

I

WMINARY BOULEVARD PHASE 1C
CDD LANDSCAPE & IRRIGATION EASEMENT
DONALD W. MclNTOSH	Assoc1ATEs,   1Nc.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE Of AUTHORIZATION NO. LB68
DRAWN BY: MKS	CHECKED BY:..BIS.._	JOB NO.	SCALE	SHEET_"'-6 

DATE: 04/2022

DATE:	04/2022

17137

N/A

OF	7

Printed:  Tue 31-May-2022 - 12:38PM

SL16940desc	CSf 17-133(199)

SKETCH OF DESCRIPTION
SEE SHEET 1 FOR KEY MAP
SEE SHEETS 2 THROUGH 5 FOR SKETCH
SEE SHEETS 6 AND 7 AND LEGAL DESCRIPTION SEE SHEET 7 FOR NOTES AND LEGEND

(DESCRIPTION CONTINUED FROM SHEET 6)
N38"30'26•w, 121.27 feet to the point of curvature of a curve concave Northeasterly having a radius of 785.50 feet and a chord bearing of N27"55'36•W; thence Northwesterly along the arc of said curve through a central angle of 21"09'40• for a distance of 290.11 feet to a non-tangent line: N3411'12•w, 13.44 feet to a non-tangent curve concave Easterly having a radius of 789.50 feet and a chord bearing of N11"25'44•W; thence Northerly along the arc of said curve through a central angle of 09°58'00• for a distance of 137.33 feet to the Northwest comer of said lands described In Official Records Document Number 20210699551, and a non-tangent line; thence deporting said Westerly line, run S83"33'16•w, 10.00 feet to the a non-tangent curve concave Easterly having a radius of 799.50 feet and a chord bearing of S11"29'o6•E: thence Southerly along the ore of sold curve through a central angle of 10-04'44• for a distance of 140.64 feet to a non-tangent line: thence sold Easterly line, run S3411'12•E, 13.53 feet to a non-tangent curve concave Northeasterly having a radius of 795.50 feet and a chord bearing of S27"58'48•E: thence Southeasterly along the ore of sold curve through a central angle of 21-03'15• for a distance of 292.32 feet to the point of tangency: thence 538°30'26.E, 121.27 feet to the point of curvature of a curve concave Southwesterly having a radius of 2204.50 feet and a chord bearing of S36"38'26•E: thence Southeasterly along the arc of said curve through a central angle of 03"43'59• for a distance of 143.64 feet to the aforesaid South line of lands described In Offlctal Records Book 5620, Page 2323 and a non-tangent line: thence N68"04'58•E along sold South line, 10.26 feet to the POINT OF BEGINNING. This description ts based on Florida State Plane Coordinate System East Zone, average combined scale factor of 0.99994883912, NAO 83 Datum (2011 od),lstment) and all distances ore grid dimensions.
Being subject to any rights-of-way, restrictions and easements of record.

NOTES:
This is not a survey.

Not valid without the original signature and seal, or on electronic seal {SJ-17.062(3) F.A.C.) of a Florido Professional Surveyor and Mapper.
Bearings based on the Westerly line of Luminary Boulevard, according to the plot of LUMINARY BOULEVARD PHASE 1B, as recorded in Plot Book 106, Pages 104 through 107, of the Public Records of Orange County, Florido, as being so5•44•2o"E, per plat.

The features and llnework shown hereon ore In grid position, relative to National Geodetic Survey control point "Lance" (PID AJ2445), Northing 1477081.39, Easting 575759.46 Florida State Plane Coordinate System, Florida East zone, 1983 North American Datum, 2011 od)Jstment average combined factor: 0.99994883912 (1.00005116349757). All dimensions are Grid dimensions In U.S. Survey Feet, based on said Florido State Plane Coordinate System, Florido East zone, 1983 North American Datum, 2011 ad).istmenl
Lands shown hereon were not abstracted for rights-of-way, easements, ownership or other Instruments of record by this firm.
No title opinion or abstract of matters affecting title or boundary to the subject property or those of adjoining land owners hove been provided. It Is possible there are deeds of record, unrecorded deeds or other Instruments which could affect the boundaries or use of the subject property.
This Sketch of Description does not depict any easements of record that may be within or adjoining the lands described hereon.
No facilities associated with this sketch of description hove been field located by Donald W. McIntosh Associates, Inc.

The configuration of this sketch of description Is based on Information provided to DWMA.

SECTION 31-24-31

LAKE NONA LAND COMPANY, LLC
WMINARY BOULEVARD PHASE 1C
COD LANDSCAPE & IRRIGATION EASEMENT

DONALD W. MclNTOSH	Assoc1A TES. 1Nc.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68

LEGEND
SECTION 31, TOWNSHIP 24 SOUTH,
RANGE 31 EAST
L1	 LINE NUMBER (SEE TABLE) C1	CURVE NUMBER (SEE TABLE)
DOC# ORANGE COUNTY PUBLIC RECORDS DOCUMENT NUMBER
R/W RIGHT-OF-WAY
If.	PROPERTY LINE
PB	PLAT BOOK PG(S) PAGE(S)
POC POINT OF COMMENCEMENT POB POINT OF BEGINNING
PC	POINT OF CURVATURE
PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE

DRAWN BY: MKS	CHECKED BY:.BIS_	JOB NO.	SCALE	SHEET	7	PT	 POINT OF TANGENCY NT	NON-TANGENT	
DATE: 04/2022	DATE:	04/2022	17137	N/A	OF	7	ORB	OFFICIAL RECORDS BOOK	

Printed:  Tue 31-May-2022 - 12:42PM

SL16940desc	CSf 17-133(199)

C

I

Prepared By and Return To:

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

LANDSCAPE, IRRIGATION, AND HARDSCAPE AND LIGHTING AGREEMENT
(Luminary Boulevard Phase 1C)

THIS	LANDSCAPE,	IRRIGATION,	HARDSCAPE	AND	LIGHTING
AGREEMENT (the “Agreement”) is made and entered into as of the Effective Date (as defined herein) by and between LAKE NONA LAND COMPANY, LLC, a Florida limited liability company, whose mailing address is 6900 Tavistock Lakes Boulevard, Suite 200, Orlando, Florida 32827 (the “Grantor”), and 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, whose address is 3501 Quadrangle Blvd., Ste 270, Orlando, Florida 32817 (the “Grantee”) (Grantor and Grantee are sometimes together referred to herein as the “Parties”, and separately as the “Party”).

W I T N ES 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 perpetual, non-exclusive easement (the “Easement”) on, upon, over, under, across and through the Easement Area for the purpose of ingress, egress and access to and for the construction, installation, operation, repair, maintenance, use and replacement of the Improvements (as defined below), 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 hereby grants to Grantee, its successors and/or assigns, a perpetual, non-exclusive easement (the “Easement”) on, upon, over, under, across and through the Easement Area for the purpose of ingress, egress and access to and for the construction, installation, operation, repair, maintenance, use and replacement of landscaping, irrigation, hardscaping and lighting, including, without limitation, grass, sodding, shrubbery, plants, flowers, bushes, trees and mulch (with all of the foregoing being hereinafter referred to collectively as the

“Improvements”). 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, in its sole and absolute discretion, shall be entitled to develop and redevelop the property of which the Easement Area forms a part of or any adjacent property to which the Easement Area abuts, and in connection therewith, may elect, in its sole and absolute discretion, to reconfigure and relocate the Improvements and the Easement Area to conform to the final ascertained location of the Improvements elsewhere on its property; provided, further, that the same (i) shall be performed at the sole cost and expense of Grantor, (ii) shall be performed in accordance with all applicable laws, rules, regulations, governmental and quasi- governmental permits, ordinances, and approvals for such relocation or reconfiguration, and (iii) shall provide at least the same Improvements or substantially the same Improvements that existed prior to such reconfiguration or relocation. In such event, an amendment shall be made to this Agreement by Grantor and Grantee to relocate (and re-describe) the Easement Area accordingly. No additional parties shall have the right to, nor shall be required to, join in such amendment to this Agreement, nor shall any additional party have the right to approve such amendment, for such amendment to have full force and effect, and for such amendment to cause a full and complete release from the terms and provisions of this Agreement of the portion of the Easement Area from which the Improvements have been removed and relocated.

Repair and Maintenance.

Grantee shall repair and maintain the Easement Area and Improvements and 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.

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. In the event the deficiencies are not remedied in a commercially reasonable fashion within such fifteen (15) day period 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. Any sums due hereunder which are not paid when due shall accrue interest calculated at the monthly LIBOR rate plus two percent (2%) from the date the payment is due until the payment is received. Notwithstanding anything contained herein to the contrary, in the event that the foregoing obligation of Grantee requires capital improvements, Grantee shall have a period of thirty (30) days to comply with the provisions herein instead of the fifteen (15) days as otherwise stated herein.

Damage.

In the event that Grantee, its respective employees, agents, assignees, or contractors cause damage to the Easement Area or any of the improvements located within the Easement Area, or causes damage to Grantor’s other property or any improvements located

thereon, in the exercise of the easement rights granted herein, Grantee, at Grantee’s sole cost and expense, agrees to commence and diligently pursue the restoration of the same and the improvements so damaged to as nearly as practical to the original condition and grade, including, without limitation, repair and replacement of any landscaping, hardscaping, plantings, ground cover, roadways, driveways, sidewalks, parking areas, fences, walks, utility lines and other structures, within thirty (30) days after receiving written notice of the occurrence of any such damage, and Grantee shall allow no lien to attach to the Easement Area or any improvements located on said property or Grantor’s other property arising out of work performed by, for, or on behalf of Grantee.

In the event that Grantor, its respective employees, agents or contractors, cause damage to the Improvements located within the Easement Area, Grantor, at Grantor’s sole cost and expense, agrees to commence and diligently pursue the restoration of the Improvements so damaged to as nearly as practical to the original condition, within thirty (30) days after receiving written notice of the occurrence of any such damage, and Grantor shall allow no lien to attach to the Easement Area or any Improvements located thereon arising out of work performed by, for, or on behalf of Grantor.

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. Grantee, or 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 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 coverage maintained by Grantor. Nothing herein operates as a waiver of Grantee’s sovereign immunity or the limits of liability under Florida law.

Indemnification.

Grantor agrees to defend, indemnify and hold Grantee harmless from and against any and all claims, suits, judgments, demands, costs and expenses, including attorney’s fees of any kind or nature whatsoever related to this Agreement arising directly out of or caused by any act or omission of Grantor, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialman).

To the extent allowed by law, Grantee agrees to defend, indemnify and hold harmless Grantor, its agents, employees and contractors from and against any and all claims, suits, judgments, demands, cost and expenses, including attorney's fees of any kind or nature whatsoever related to this Agreement arising directly out of or caused by any act or omission of Grantee, its agents, employees, consultants, representatives, and contractors (and their subcontractors, employees and materialmen).

Grantor agrees that nothing contained in this Agreement shall constitute or be construed as a waiver of Grantee’s limitations on liability set forth in Section 768.28, Florida Statutes, and other applicable law.

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 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.

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.

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, Florida time), to the address listed above or to such other address as either Party may from time to time designate by written notice in accordance with this paragraph.

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 not inconsistent with the easement rights created herein. Grantee shall not exercise its easement rights granted herein in any manner which unreasonably interferes with or unreasonably disrupts Grantor’s operations on the Easement Area.

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, the predominantly prevailing party shall be entitled to reasonable 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 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. Any judgment or decree rendered in any such actions or proceedings shall include the award of attorneys’ fees, costs, and expenses, as just described. The terms of this section shall survive the termination of this Agreement.

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]

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

“GRANTOR”

Signed, sealed and delivered	LAKE NONA LAND COMPANY, LLC,
in the presence of:	a Florida limited liability company

By:		 Print Name:		Nicholas F. Beucher, III, President

Print Name:	

STATE OF FLORIDA    )
) ss: COUNTY OF ORANGE	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this    day of 	, 2022, by Nicholas F. Beucher, III, as President of LAKE NONA LAND COMPANY, LLC, a Florida limited liability company, on behalf  of  the  company,  who  is  personally  known  to  me  or  has  produced
	 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

“GRANTEE”

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

By:	 Print Name:		Name:	
Title:	

Print Name:	

STATE OF FLORIDA	)
)
COUNTY OF	)

The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization, this	day of 	, 2022, by 	,

as 	 of POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT, a
local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, on behalf	of	the	district,	who	is	personally	known	to	me	or	has	produced
	 as identification (if left blank, then personally known to me).

(Signature of Notary Public)

EXHIBIT “A”

Easement Area

[See Attached Sketch of Description – CS# 17-133(200) – 4 Pages]

SKETCH OF DESCRIPTION
SEE SHEETS 1 THROUGH 3 FOR SKETCH
SEE SHEET 4 FOR NOlES, LEGEND, AND LEGAL DESCRIPTION
Scale: 1• •	:JOtt

North

LINE TABLE {THIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L1	N08"44'20"W	120.00'	
L2	sa1,s•40•w	430.33'	
L3	Nn'12'1s·w	188.02'	

NUMBER	RADIUS	DELTA	LENGTH	CHORD	CHORD BEARING	
C1	2190.00'	21"32'06·	823.12'	818.29'	N8T58'1rw	
C2	2310.00'	38'13'01·	1-480.16'	1435.97'	584'41'15-W	

CURVE TABLE {THIS SHEET ONLY)

ij ;;
!!

Of'l1J

I	I;; I

<I'I

I	i5 i5

LUMINARY BOULEVARD

FI F	PB 106, PGS 104-107)

(LUMINARY BOULEVARD PHASE 18

iLJaJi I
I C2

I I	NOT PLATTED

NOLRUTMHIN\IAERSYT CBORUNLEVRARD
(PB 106. PGS 104-107)

\l,ESTERyL

LINE OF

U) II	-	~ ------ C,	-L	PT

NORTHERLy LINE OF	LUMINARY BOULEVARD

\..2

LANDS DESCRIBED IN	(PB 106, PGS 104-107)
DOC, 20210699550

I	PC	---	r".
-t,	~ •	--	_	LUM1/;0;0-;;;- - - ;OS  S;;-RIBED IN - -		.:..--	 .

-'	T	ARY BOULEVARD	DOC# 20210699550

-	-  -

DI	- - -	- -	T! TT ----	POINT OF
I	NOT PLA rTED	/	COMMENCEMENT

I	/

::IIE

SOUTHWEST CORNER OF
WMINARY  BOULEVARD	 /

{PB 106, PGS 104-107) _/
....------;,-ORANGECOUNTY	­
PUBLIC SCHOOL SITE
\	(DOC# 20200665177)

\

NOT PLATTED

\

LAKE NONA LAND COMPANY, LLC
LUMINARY BOULEVARD PHASE 1C
POITRAS EAST COD - LANDSCAPE & IRRIGA110N EASEMENT				
				
	DATE	BY	_	DE_SCRIPTION	
	RE SIONS1'_	

DONALD W. MclNTOSH	Assoc1A TEs.   1Nc.

-	.rMctN/ ASSOCIATES, INC.

CERTIACAT\

, zAnON No. LB68

ENGINEERS	PLANNERS	SURVEYORS "	_fl [	)
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068	Robert "Tyler" s 111	May 31, 2022

1

t------"""T"-------'CEa=;a.RTl'""Fl.:.aC""'A""lE"'--"'OF""'-'-'A.;:;.UTH  ORa.a;l;-ZA.;.;Tl.;.aONa.a...:.N.;.aO""•- .::;LB_6_8_"'T""'	--IFlorida Profeaal I Surveyor and Mapper

DRAWN BY: MKS

CHECKED BY:..BIS..._	JOB NO.	SCALE	SHEET

Certificate No.
	 NOT VAUO WITHOU THE ORIGINAL SIGNATURE AND

SEAL,

DATE: 05/2022

DATE:	05/2022	17137	1••300•	OF	4	OR AN ELECTRONIC SIGNATURE (l5J-17.062(3) F.A.C.),
---- OF A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER.

Printed:  Tue 31-May-2022 - 12:52PM
F:\ProJ2017\17137\Sdwg\NAW88\sod\17-133(200) Luminary Blvd Ph 1C CDD EaSM1ent.dwg

CS# 17-133(200)

SKETCH OF DESCRIPTION
SEE SHEETS 1 THROUGH 3 FOR SKETCH
SEE SHEET 4 FOR NOTES, LEGEND, AND LEGAL DESCRIPTION

0	JOO'
	I
Scale: 1• -  .300'

LINE TABLE (THIS SHEET ONLY)	
NUMBER
L4	BEARING
S66"34'45"W	DISTANCE
422.76'	
L5	N29"39'48"W	379.23'	

I
North

CURVE TABLE (THIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	LENGTH	CHORD	CHORD BEARING	
C2	2310.00'	36°13'01"	1460.16'	1435.97'	S84"41'15"W	
C3	16.00'	83'45'27"	111.10·	101.47'	N71"32'32"W	
C4	2285.50'	04"38'51"	185.39'	185.34'	N31"59'14"W	

UTILITY	/"
EASEMENT	/"\11.,

,/'
/"
/"

(SEE SHEET 3) ---c_	I

I ::

/"	rtc EO IN	I
\	/"	ORB 5620. PG 2323

I

\. ,	POINT OF	NOT PLAmD

I

'\...x	BEGINNING	uJ

J

\	"..	NOT PLATTED

. "'b.	I

, <;li	PC	NORlHERLY LINE OF	C2	u.1
\ '#,.-<I	LAN0S DESCRIBED IN	-	uJ

,	DOC#20210699550	--- - -  oE,SCl'l&lD:	J

LANDS DESCRIBED IN	DOC# 20210699550	-  -	Cl)
I

!.::-- -	I

o	NOT PLAmD	_....- l)>.tlOS 011r1>99S

I

'&	--	i:)oel'l  v,."TtED	-	- -	--	- - -	-	uJ
,V'	EASTERLY LINE OF	I'	O	O	01

'</'

LANDS DESCRIBED IN	ov,.O uiS'pal  --- -  -
DOC# 20210699550	..-	• '( -o-	_....-	:::C

'	.,	"u"'''(I,	-.,	I

NOT PLATTED

----	----	I
----	I
NOT PLATTED	NOT PLATTED

LAKE NONA LAND COMPANY, LLC
LUMINARY BOULEVARD PHASE 1C
POITRAS EAST CDD - LANDSCAPE & IRRIGA110N EASEMENT

DONALD W. MclNTOSH	Assoc1A TES,   INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68

DRAWN BY: MKS DATE: 05/2022

CHECKED BY: ..!ITS_
DATE:	05/2022

JOB NO. 17137

SCALE 1"=300'

SHEET_ 2  OF	4

Printed:  Tue 31-Mat-2022 - 12:53PM
F: \Proj2017\17137\Sdwg\NAVD88\sod\17-133(200) Luminary Blvd Ph 1C COD  Easement.dwg

cs, 17-133(200)

SKETCH OF DESCRIPTION
SEE SHEETS 1 THROUGH 3 FOR SKETCH
SEE SHEET 4 FOR NOTES, LEGEND, AND LEGAL DESCRIPTION
CENTERLINE DRIVE----t::;;:::=---:::-1\l
CENTERLINE DRIVE	NT	NT
SEGMENTF (PB 107, PGS 131-133)

NE CORNER OF LANDS DESCRIBED IN DOC# 20210699551

Scale: 1· -	100'

100'

North

NOT PLATTED

LINE TABLE (THIS SHEET ONLY)	
NUMBER	BEARING	DISTANCE	
L5	N29'39'48"W	379.23'	
L6	N38'30'26"W	121.27'	
L7	N02'07'31"E	12.28'	
LB	N83'33'16"E	10.00'	
L9	S02'07'31"W	12.20'	
L10	S38'30'26"E	121.27'	
L11	S68'04'58"W	10.24'	

NOT PLATTED

CURVE TABLE (THIS SHEET ONLY)	
NUMBER	RADIUS	DELTA	LENGTH	CHORD	CHORD BEARING	
C4	2285.50'	4'38'51"	185.39'	185.34'	N31'59'14"W	
cs	2285.50'	411'46"	167.38'	167.35'	N36'24'33"W	
C6	714.50'	21·09•40•	263.89'	262.39'	N27'55'36"W	
C7	710.50'	9'58'00"	123.59'	123.44'	N11'25'44"W	
CB	700.50'	10'05'58"	123.48'	123.32'	S11'29'43"E	
C9	704.50'	21'01'20"	258.49'	257.04'	S27'59'46"E	
C10	2295.50'	415'04"	170.31'	170.28'	S36'22'54"E	

LAKE NONA LAND COMPANY, LLC
LUMINARY BOULEVARD PHASE 1C

DONALD w. MclNTOSH	ASSOCIATES.   INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068 CERTIFICATE OF AUTHORIZATION NO. LB68	
DRAWN BY: MKS DATE: 05/2022	CHECKED BY: .RTh_
DATE:	05/2022	JOB NO. 17137	SCALE 1"=100'	SHEET_-=3 
OF_--'4'--_	

POITRAS EAST CDD -  LANDSCAPE & IRRIGATION EASEMENT

---.;:,,,.~ LANDS DESCRIBED IN
ORB 5620, PG 2323
NOT PLATTED

\
\ \	\

Printed:  Tue 31-May-2022 - 12:53PM

CSf 17-133(200)

	SKETCH OF DESCRIPTION
SEE SHEETS 1 THROUGH 3 FOR SKETCH
SEE SHEET 4 FOR NOlES, LEGEND, AND LEGAL DESCRIPTION DESCRIPTION:
That part of Section 36, Township 24 South, Range 30 East, Orange County, Florida, described as follows:

Commence at the Southwest corner of Luminary Boulevard, according to the plat of LUMINARY BOULEVARD PHASE lB, as recorded in Plat Book 1D6, Pages 104 through 107, of the Public Records of Orange County, Florida; thence NOB044'20"W along the Westerly line of said Luminary Boulevard, 120.00 feet to the Northwest corner of said Luminary Boulevard and the Northerly line of lands described in Official Records Document Number 20210699550, of the Public Records of Orange County, Florida; thence departing said Westerly line, run the following courses and distances along said Northerly line and the Easterly line of said lands described in Official Records Document Number 20210699550: SBl015'40"W, 430.33 feet to the point of curvature of a curve concave Northerly having a radius of 2190.00 feet and a chord bearing of N87°58'17"W; thence Westerly along the arc of said curve through a central angle of 21°32'06" for a distance of 823.12 feet to the point of tangency; N77°12'1S"W, 188.02 feet to the point of curvature of a curve concave Southerly having a radius of 2310.00 feet and a chord bearing of S84°41'15"W; thence Westerly along the arc of said curve through a central angle of 36°13'01" for a distance of 1460.16 feet to the point of tangency; S66°34'45"W, 422.76 feet to the point of curvature of a curve concave Northerly having a radius of 76.00 feet and a chord bearing of N71°32'32"W; thence Westerly along the arc of said curve through a central angle of 83°45'27" for a distance of 111.10 feet to the point of tangency; N29°39'48"W, 379.23 feet to the point of curvature of a curve concave Southwesterly having a radius of 2285.50 feet and a chord bearing of N31°59'14"W;
thence Northwesterly along the arc of said curve through a central angle of 04°38'51" for a distance of 185.39 feet to the South line of lands described in Official Records Book 5620, Page 2323, of the Public Records of Orange County, Florida, the Southeast corner of lands described in Official Records Document Number 20210699551, of the Public Records of Orange County, Florida, and the POINT OF BEGINNING; thence departing said South line, and said Easterly line of lands described in Official Records Document Number 20210699550, run the following courses and distances along the Easterly line of said lands described in Official Records Document Number 20210699551: continue Northwesterly along the arc of said curve concave Southwesterly having a radius of 2285.50 feet, a chord bearing of N36°24'33"W, through a central angle of 04°11'46" for a distance of 167.38 feet to the point of tangency; N38°30'26"W, 121.27 feet to the point of curvature of a curve concave Northeasterly having a radius of 714.50 feet and a chord bearing of N27°55'36"W; thence Northwesterly along the arc of said curve through a central angle of 21°09'40" for a distance of 263.89 feet to a non-tangent line; N02°07'3l"E, 12.28 feet to a non-tangent curve concave Easterly having a radius of 710.50 feet and a chord bearing of Nl1°25'44"W; thence Northerly along the arc of said curve through a central angle of 09°58'00" for a distance of 123.59 feet to the Northeast corner of said lands described in Official Records Document Number 20210699551, and a non-tangent line; thence departing said Easterly line, run N83°33'16"E, 10.00 feet to a non-tangent curve concave Easterly having a radius of 700.50 feet and a chord bearing of Sll029'43"E; thence Southerly along the arc of said curve through a central angle of 10°05'58" for a distance of 123.48 feet to a non-tangent line; thence S02°07'3l"W, 12.20 feet to a non-tangent curve concave Northeasterly having a radius of 704.50 feet and a chord bearing of S27°59'46"E; thence Southeasterly along the arc of said curve through a central angle of 21°01'20" for a distance of 258.49 feet to the point of tangency; thence S38°30'26"E,
121.27 feet to the point of curvature of a curve concave Southwesterly having a radius of 2295.50 feet and a chord bearing of S36°22'54"E; thence Southeasterly along the arc of said curve through a central angle of 04°15'04" for a distance of 170.31 feet to the aforesaid South line of lands described in Official Records Book 5620, Page 2323, and a non-tangent line; thence S68°04'58"W along said South line, 10.24 feet to the POINT OF BEGINNING. This description is based on Florida State Plane Coordinate System East Zone, average combined scale factor of 0.99994883912, NAO 83 Datum (2011 adjustment) and all distances are grid dimensions.
Being subject to any rights-of-way, restrictions and easements of record.
NOlES:
This is not a survey.
Not valid without the original signature and seal, or an electronic signature (5J-17.062(3) F.A.C.) of a Florida Professional Surveyor and Mapper.
Bearings based on the Westerly line of Luminary Boulevard, according to the plat of LUMINARY BOULEVARD PHASE 1B, as recorded in Plat Book 106, Pages 104 through 107, of the Public Records of Orange County, Florida, as being N08'44'20"W, per plat.

The features and linework shown hereon are in grid position, relative to National Geodetic Survey control point "Lance" (PID AJ2445), Northing 1477081.39, Easting 575759.46 Florida State Plane Coordinate System, Florida East zone, 1983 North American Datum, 2011 adjustment average combined factor: 0.99994883912 (1.00005116349757). All dimensions are Grid dimensions in U.S. Survey Feet, based on said Florida State Plane Coordinate System, Florida East zone, 1983 North American Datum, 2011 adjustment.
Lands shown hereon were not abstracted for rights-of-way, easements, ownership or other instruments of record by this firm. No title opinion or abstract of matters affecting title or boundary to the subject property or those of adjoining land owners have been provided. It is possible there are deeds of record, unrecorded deeds or other instruments which could affect the boundaries or use of the subject property.
This Sketch of Description does not depict any easements of record that may be within or adjoining the lands described hereon.
No facilities associated with this sketch of description have been field located by Donald W. McIntosh Associates, Inc.
The configuration of this sketch of description is based on information provided to DWMA.	LEGEND	
	LAKE NONA LAND COMPANY, LLC
LUMINARY BOULEVARD PHASE 1C
POITRAS EAST COD - LANDSCAPE & IRRIGA TlON EASEMENT	SECTION 36-24-30 SECTION 36, TOWNSHIP 24 SOUTH,
RANGE 30 EAST
L1	 LINE NUMBER (SEE TABLE) C1	CURVE NUMBER (SEE TABLE)
DOC# ORANGE COUNTY PUBLIC RECORDS DOCUMENT NUMBER
R/W RIGHT-OF-WAY	
	DONALD	W. MclNTOSH	ASSOCIATES,   INC.
ENGINEERS	PLANNERS	SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFICATE OF AUTHORIZATION NO. LB68	PB	PLAT BOOK PG(S) PAGE(S)
POC  POINT OF COMMENCEMENT
POB POINT OF BEGINNING PC	POINT OF CURVATURE
PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PT	POINT OF TANGENCY
NT	NON-TANGENT
ORB	OFFICIAL RECORDS BOOK	
	DRAWN BY: MKS
DATE: 05/2022	CHECKED BY: .filS_
DATE:	05/2022	JOB NO.
17137	SCALE
N/A 	SHEET_	,4

OF_ 4		

Printed:  Tue 31-May-2022 - 12:53PM

SL16940desc	cs, 17-133{200)

Poitras East Community Development District

Landscape Maintenance Agreement with ULS for Luminary Blvd and Pearson Ave

AGREEMENT BETWEEN THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT AND FLORIDA ULS OPERATION, LLC D/B/A UNITED LAND SERVICES, LLC REGARDING THE PROVISION OF CERTAIN LUMINARY BOULEVARD & PEARSON AVENUE LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES

This Agreement is made and entered into as of this_ day of 	,2022, by and between:

Poitras East Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in the City of Orlando, Florida, whose address is 3501 Quadrangle Boulevard, Suite 270, Orlando, Florida 32817 ("District") and

FLORIDA ULS OPERATING, LLC D/B/A UNITED LAND SERVICES, LLC, a Delaware
limited liability company, whose address is 12276 San Jose Blvd., Suite 747, Jacksonville, Florida 32223 ("Contractor" and, together with the District, the "Parties").

RECITALS

WHEREAS, the District was established by ordinance of the City Council of the City of Orlando, Florida, for the purpose of financing, funding, planning, establishing, acquiring, constructing or reconstructing, enlarging or extending, equipping, operating, and maintaining systems and facilities for certain infrastructure improvements; and

WHEREAS, the District has a need to retain an independent contractor to provide landscape and irrigation maintenance services on certain lands known as Street A - Phase 1 (Pearson Avenue) and the portion of Luminary Boulevard associated with Poitras East Master Infrastructure Phase lB that are located within and around the District, described in Exhibit "A;" and

WHEREAS, Contractor submitted a proposal, attached as Exhibit "B," and represents that it is qualified to serve as a landscape maintenance contractor and provide such services to the District; and

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that the Contractor is hereby retained, authorized, and instructed by the District to perform in accordance with the following covenants and conditions, which both the District and the Contractor have agreed upon:

INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated by reference as a material part of this Agreement.

DESCRIPTION OF WORK AND SERVICES.

The District desires that the Contractor provide a high-quality level of professional landscape and irrigation maintenance services within presently established

standards. Upon all parties signing this Agreement, the Contractor shall provide the District with the specific services identified in this Agreement.

While providing the services identified in this Agreement, the Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the services.

The Contractor shall provide the specific professional services as shown in Section 3 of this Agreement.

SCOPE OF LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES. The
duties, obligations, and responsibilities of the Contractor are to be performed as described in the Scope of Services, which is incorporated by reference as a material part of this Agreement in Exhibit "C", "D" and "E". Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District.

MANNER OF CONTRACTOR'S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake work and/or perform such services as specified in this Agreement or any addendum executed by the Parties or in any authorized written work order by the District issued in connection with this Agreement and accepted by the Contractor. All work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be in accordance with industry standards. The performance of all services by the Contractor under this Agreement and related to this Agreement shall conform to any written instructions issued by the District.

Should any work and/or services be required which are not specified in this Agreement or any addenda, but which are nevertheless necessary for the proper provision of services to the District, such work or services shall be fully performed by the Contractor as if described and delineated in this Agreement.

The Contractor agrees that the District shall not be liable for the payment of any work or services unless the District, through an authorized representative of the District, authorizes the Contractor, in writing, to perform such work.

The District shall designate in writing a person to act as the District's representative with respect to the services to be performed under this Agreement. The District's representative shall have complete authority to transmit instructions, receive information, interpret and define the District's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor's services.

The District hereby designates Aaron Wilbanks to act as its representative in matters related to this Agreement.

The Contractor and the District's representative shall tour the property within fourteen (14) days of the notice of award to: evaluate the conditions of the shrubs, trees and grass; assess the condition of the irrigation system; and record/document any deficiencies that may exist. Contractor shall provide a proposal to correct any deficiencies found.

The Contractor agrees to meet with the District's representative no less than four (4) times per month. The Contractor also agrees to walk the property to discuss conditions, schedules, and items of concern regarding this Agreement a minimum of one (1) time per month or as often as the District deems it necessary.

The District Representative may appoint an employee or employees of the Berman Corp. which are under his direct supervision to act as an alternate representative as may be required during on site meetings.

In the event that time is lost due to heavy rains ("Rain Days"), the Contractor agrees to reschedule its employees and divide their time accordingly to complete all scheduled services during the time during the same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days but shall not provide services on Sundays.

Contractor shall use all due care to protect the property of the District, its residents, and landowners from damage. Contractor agrees to repair any damage resulting from Contractor's activities and work within twenty-four (24) hours.

COMPENSATION; TERM.

As compensation for services described in this Agreement, the District agrees to pay the Eighty-Two Thousand Nine Hundred Eight Dollars and Zero Cents ($82,908.00) in twelve (12) equal monthly payments of Six Thousand Nine Hundred Nine Dollars and Zero Cents ($6,909.00) in accordance with the compensation established in Exhibit B. Work shall commence on or about November 1, 2022, and end October 31, 2023. In the event this Agreement is terminated pursuant to Section 14 herein, payment will be prorated for the payment period during which termination becomes effective.

If the District should desire additional work or services, or to add additional lands to be maintained, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the Parties shall agree in writing to an addendum, addenda, or change order to this Agreement. The Contractor shall be compensated for such agreed additional work or services based upon a payment amount acceptable to the Parties and agreed to in writing. No additional services shall be provided by the Contractor unless done at the direction of the District.

The District may require, as a condition precedent to making any payment to the Contractor that all subcontractors, material men, suppliers or laborers be paid and require evidence, in the form of Lien Releases or partial Waivers of Lien, to be submitted to the District by those subcontractors, material men, suppliers or laborers, and further require that the Contractor provide an Affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen's Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees. Any subcontractors proposed to be used by Contractor are subject to approval by the District, which approval maybe withheld in the District's sole discretion.

The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render monthly invoices to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. These monthly invoices are due and payable within forty-five
(45) days of receipt by the District. Each monthly invoice will include such supporting information as the District may reasonably require the Contractor to provide.

INSURANCE.

The Contractor shall maintain throughout the term of this Agreement the following msurance:

Worker's Compensation Insurance in accordance with the laws of the State of Florida.

Commercial General Liability Insurance covering the Contractor's legal liability for bodily injuries, with limits of not less than $1,000,000 combined single limit bodily injury and property damage liability, and covering at least the following hazards:

Independent Contractors Coverage for bodily injury and property damage in connection with subcontractors' operation.

Employer's Liability Coverage with limits of at least $1,000,000 (one million dollars) per accident or disease.

Automobile Liability Insurance for bodily injuries in limits of not less than
$1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the

operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District, its staff, consultants, representatives and supervisors and Donald W. McIntosh Associates, Inc. shall be named as an additional insured. The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage's, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida, and such carrier shall have an AM. Best's Insurance Reports rating of at least A-VII.

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

WARRANTY AND COVENANT. The Contractor warrants to the District that all materials furnished under this Agreement shall be new, and that all services and materials shall be of good quality, free from faults and defects. The Contractor hereby warrants any materials for a period of one (1) year after acceptance by the District or longer as required under Florida law. With respect to any and all plant material installed pursuant to or in association with this Agreement or Project Change Order No. 3 to the District's Construction Contract with Jr. Davis Construction Company, Inc. for Poitras East Master Infrastructure Phase lB dated October 6, 2021, or the District's Construction Agreement with Contractor for Poitras East Parcel N-3 Pearson Avenue dated July 29, 2022, all plant material shall be guaranteed to be in a satisfactory growing condition and to live for a period of one (1) year from planting or substantial completion of the aforementioned project, as applicable, except for annuals which will be replaced seasonally. All plants that fail to survive under the guarantee shall be replaced as they fail with the same type and size as originally specified. Contractor further warrants to the District those warranties which Contractor otherwise warrants to others and the duration of such warranties is as provided by Florida law unless longer guarantees or warranties are provided for elsewhere in the Agreement (in which case the longer periods of time shall prevail). Contractor shall replace or repair warranted items to the District's satisfaction and in the District's discretion. Neither final acceptance of the services identified in this Agreement, nor monthly or final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials. If any of the materials are found to be defective, deficient or not in accordance with the Agreement, Contractor shall correct remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District. Contractor hereby certifies it is receiving the property in its as-is condition and has thoroughly inspected the property and addressed any present deficiencies, if any, with the District. Contractor shall be responsible for maintaining and warranting all plant material maintained by Contractor as of the first date of the services identified in this Agreement.

Contractor hereby covenants to the District that it shall perform the services identified in this Agreement: (i) using its best skill and judgment and in accordance with generally accepted professional standards and (ii) in compliance with all applicable federal, state, county, municipal, building and zoning, land use, environmental, public safety, non-discrimination and disability accessibility laws, codes, ordinances, rules and regulations, including, without limitation, all professional registration (both corporate and individual) for all required basic disciplines that it shall perform. Contractor hereby covenants to the District that any work product of the Contractor shall not call for the use nor infringe any patent, trademark, services mark, copyright or other proprietary interest claimed or held by any person or business entity absent prior written consent from the District.

INDEMNIFICATION.

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

Contractor agrees to indemnify and hold harmless the District and its officers, supervisors, agents and employees and the District Representative from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or of any nature, arising out of, or in connection with, the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute.

COMPLIANCE WITH GOVERNMENTAL REGULATION.  The Contractor shall
keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or material men, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District's property free from any material men's or mechanic's liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor's

performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving notice of termination.

DEFAULT AND PROTECTION AGAINST TIDRD PARTY INTERFERENCE. A
default by either Party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District's right to protect its rights from interference by a third party to this Agreement.

CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from so doing; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same.

SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.

TERMINATION. The District agrees that the Contractor may terminate this Agreement with or without cause by providing sixty (60) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately with cause by providing written notice of termination to the Contractor. The District may terminate this agreement without cause by providing thirty (30) days written notice. Upon any termination of this Agreement, the Contractor shall be entitled to payment for work and/or services rendered up until the effective termination of this Agreement, an amount prorated in accordance with Section 5(A) of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor.

PERMITS AND LICENSES. All permits and licenses required by any governmental agency directly for the District shall be obtained and paid for by the District. All other permits or licenses necessary for the contractor to perform under this Agreement shall be obtained and paid for by the Contractor.

ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other. Any purported assignment without such prior written approval shall be void.

INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor nor employees, subcontractors, material men or suppliers, of the Contractor, ifthere are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by anyone or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.

HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

ENFORCEMENT OF AGREEMENT. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the District and the Contractor relating to the subject matter of this Agreement.

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

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

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

If to the District:

With a copy to:

Poitras East Community Development District Attn: District Manager
3501 Quadrangle Boulevard, Suite 270
Orlando, Florida 32817

Kutak Rock LLP Attn: District Counsel
107 West College Avenue Tallahassee, Florida 32301

With a copy to:

If to the Contractor:

Berman Corp
Attn: Aaron Wilbanks
9801 Lake Nona Club Drive Orlando, Florida 32827

Florida ULS Operating, LLC d/b/a United Land Services, LLC
Attn: John Borland
12276 San Jose Blvd., Suite 747
Jacksonville, Florida 32223

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

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

CONTROLLING LAW. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida.

EFFECTIVE DATE. This Agreement shall be effective after execution by both the District and the Contractor and shall remain in effect until the end of the term established in Section
5.A of this Agreement, unless terminated by either of the District or the Contractor.

PUBLIC RECORDS. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is PFM Group Consulting LLC ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor 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 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 tenn and following the contract term if the Contractor 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 Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

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

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

ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. The District and the Contractor participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

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

E-VERIFY. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, to the extent required by Florida Statute, Contractor shall register with and use the United States Department of Homeland Security's E­ Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes.

If the Contractor anticipates entering into agreements with a subcontractor for the Work, Contractor will not enter into the subcontractor agreement without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.

Contractor shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request.

In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Contractor has otherwise complied with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Contractor or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

COMPLIANCE WITH SECTION 20.055, FLORIDA STATUTES.	The Contractor
agrees to comply with Section 20.055(5), Florida Statutes, to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant such section and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

[signature page to follow]

IN WITNESS WHEREOF, the parties execute this agreement the day and year first written above.

Attest:	POITRAS EAST COMMUNITY
DEVELOPMENT DISTRICT

 	

Secretary/Assistant Secretary

(SSrJture of Wi	• 1 L­

d--c---e	--<

I	n ·n
(Print Name of Witness)

Chair, Board of Supervisors

FLORIDA ULS OPERATING, LLC D/B/A UNITED LAND SERVICES, LLC

Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E

Map of Areas to be Maintained Contractor's Submitted Proposal
Scope of Services, Landscape Maintenance Cultural Practices Emergency Preparedness Plan
Freeze Protection Plan

* • lRAfflC SICNAL

PHASE 1
0	POllRAS COMMUNl'TY DE\UOPMENT DISTRICT
• • • • MAS1£R INFRASTRUC1\JRE IMPRO'IEMENTS

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LS • LIFT STATION SITE

Poitras Off-Site Force Main
 Extension	

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lloitlas East MMtff
lnfr tructu a  as;!10

WIIIIIARY 80Ul£VARO

Street A - Phase 1 (Pearson Avenue)

Poitras East Master Infrastructure Phase lC

Poitras East Master Infrastructure Phase 1B

Street A - Phase 2
{Pearson Avenue)	

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RESli:>E>HlAL. ROAOWA"YS ANO TRACT'S AA£. Dl>,GRAWATIC 00 51.8.[CT TO CIIAAIGE

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EXIDBITB
CONTRACTOR'S PROPOSAL

UNITED
Land Services

Uniting partners through exceptional landscape services

Poitras Luminary I B & Person Ave

Proposal For
Landscape & Irrigation Maintenance

October 2022

October 28, 2022

Poitras Luminary I B Person Ave PFM Group Consulting LLC Jennifer Walden

RE: Landscape Maintenance & Irrigation Proposal

Dear Jennifer,

Thank you for considering United Land Services as your landscape maintenance service provider. We
sincerely appreciate every opportunity presented to build a lasting relationship with our clients. Our proposal has been uniquely crafted to address your community's specific needs and expectations. We call this your
Community Road Mop n., because it was designed to illustrate the steps to take your community from its
current state to one your residents will be proud of for years to come. Included in your Community Road Map™ you will find the following sections:
Company History: Information about our company's experience, capabilities and core values.

Development Strategy: Our transition plan includes the actions we will take in the first 30/60/90 days of service to improve both your specific areas of concern and items we have noted during our inspection that will provide an immediate impact to the appearance of the property.

Scope of Services Summary: This section oudines our scope of services, derived from industry established Best Management Practices and our years of experience in the field.

Agreement & Investment Our service agreement and pricing for the services we'll provide to your property.

If you have any questions after reviewing our proposal, please do not hesitate to contact me at any time. I am always available to provide solutions and discuss any aspect of property's needs directly.

Sincerely,

Chris Marquess
Business Development Manager United Land Services

Company History,
Experience & Services

Company History

Field Support Office
12428 San Jose Blvd Jacksonville, FL 32223
(904) 829-9255

ULS Orlando South
6386 Beth Rd
Orlando, FL 32824

Additional Areas Served

Montgomery, Alabama
Central Florida
Port St. Lucie, Florida
Fernandina Beach, Florida
Tampa, Florida
Metro Jacksonville

Total Number of Employees
400+
Our History
How It All Started

The Company was founded by Bob Blandford in 200 I as United Landscapes, a name that has come to be synonymous with best-in-class landscape design, installation and maintenance services across the Jacksonville and St. Johns County area. Today, the Company has over 400 employees working daily with hundreds of commercial customers throughout Florida. Each location is capable of independently managing and enhancing a variety of complex landscape projects.
Services Offered & Approach
At United Land Services, we meet the highly specific needs of our clients by offering a comprehensive selection of services - from the design to the installation to the ongoing maintenance. Our landscape service divisions are equipped to handle a wide variety of properties, including masterplan communities, condominiums, golf clubs, office complexes, retail establishments and resorts. We perform these services with your distinct needs at the forefront of everything we do. We are local owners and operators committed to delivering excellent service at the highest levels of quality and craftsmanship.
United Land Services takes a proactive approach when it comes to the landscape. We become trusted partners for all your landscape needs while providing quality landscapes in line with University of Florida Best Management Practices.

Products & Services
We Are	our	II-Inclusive	ervace Provider

Landscape Maintenance	Outdoor Lighting	Commercial lnst:allation	Sod Installation	
Our crews will arrive on	Landscape lighting can	We provide large scale	United takes your lawns	

navigate, and allow clients,

schedule, work on your	increase your property's	Commercial Landscape and	from withering to wonderful. property conscientiously and	 safety, make it easier to	 Irrigation Installation at the		We offer expert sod-laying
respectfully, and always leave		residents, and guests to	highest level. From initial		and seeding services as well your landscape looking	enjoy it late into the evening.		design through value	as over-seeding to thicken up
beautiful and tidy.	engineering and buildout.	your turf.

Landscape Design
The design and planning phase is critical to a success­ ful project. Our design team offers complete landscape architecture services that ensure a seamless process and a beautiful final product.

Irrigation Systems
Enjoy lush lawns, healthy trees and gardens for the entire growing season, without having to lift a finger.

Hardscapes
Our crews will arrive on schedule, work on your property conscientiously and respectfully, and al- ways leave your landscape looking beautiful and tidy.

Driveways & Entranceways
Welcome clients, customers, residents and guests to your property with a well-kept and attractive entrance.

Installation, Maintenance & Repairs
Installation - At United Land Services, our irrigation experts are certified and licensed to install the most sophisticated, water wise irrigation systems. Our team has had over 25 years of installing
systems across the Southeast.

Maintenance - Monthly irrigation inspections and adjustments keep your system performing effectively and efficiently. United Land Services conducts routine wet checks with monthly reports to ensure proper coverage is being maintained to protect your
investment.

Improvements • Whether you have an old or new irrigation system, you can trust United Land Services to conduce a full audit and clearly communicate any deficiencies found to be repaired.
Our team is ready to serve you.

Irrigation Experts
ofC	1censed Specialists

fied Pest	ontrol

tors

Fertilization, Pest Control & Agronomy Management
Fertilization - We understand the importance of curb appeal. We also understand that investing in the correct agronomics plan is an investment in your community. United Land Services takes pride in
operating the fertilization and pest control throughout the Southeast

Pest Control - United Land Services has developed a reputation for creating and maintaining thriving landscape environments for the
Southeast's most demanding clients.

Agronomics Program

Agronomy Management - We have a catered approach to all of our property's because not one size fits all. Our certified pest control specialists will customize an integrated plan to keep your community flourishing.

Exclusive Partnership

Exclusive Partnership

Development Strategy

Phased Development Strategy
es	anagement	ract'ces

This is a custom designed plan using Florida Best Management Practices to exceed your desired look for this property. We have outlined the initial tasks that our Landscape Maintenance teams will perform as we begin our partnership regarding
this property.
We have broken the tasks down into distinct phases to cover the first 90 days of this transition.This will provide an easy way to monitor and measure our progress as we formulate our joint strategy for the best results.

        900
Premiel" Landscape Plall'orm	.\ Reputation of Excellence	Fnll-Snile of Serrices

Experienced ,1anag·emenl Team	Helalionship-Oriented Service

Phased Development Strategy
Plano	ct1on

Phase I (Days 1-30)

Meet with Property Manager and Board Committee Members to review our Three Phase Plan and Scope of Work.
Complete an Irrigation Evaluation of system and report deficiencies and needed corrective actions.
Establish consistent schedule for mowing, detailing and agronomics and implement accordingly.
Perform first turf fertilizer application if possible
{Blackout Period).

Identify any areas of concern and concentrate efforts for immediate improvement. {Entrance features, weeding beds, sidewalk edging)
Spot treat weeds in turf areas where needed.

Formulate options for turf areas needing restoration.

Implement weed control program in planting beds.

Fertilize weak shrubs throughout the property.

Start inseet and disease program on all plant material.

Evaluate the health of ailing plant material and propose improvement plan.

Discuss any site-specific enhancement ideas.

Perform monthly walk with Property Manager and Community Members.

Phased Development Strategy
Plano	ct1on

Phase 2 & 3 (Days 3 1-90)

Examine Phase I results and modify "Plan of Action" if necessary.

Carry on with Irrigation Inspections and Improvements.

Carry on with Scheduled Maintenance plan i.e., mowing, blowing. and edging.

Evaluate need for second turf fertilization dependent on condition and time of year (Blackout period).

Carry on with weed control applications in both turf and plant beds.

Evaluate insect and disease program and make necessary adjustments.

Implement approved site-specific enhancements.

Perform monthly walk through with Property Manager and continue to identify areas of opportunity or concern.

Reporting

Closing the Communication Gap

1gn	xecut1on & Bui amg Partnerships

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Yearly Service Calendar Guideline

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Closing the Communication Gap

hgn	-xecution	Bui

Communication is key to any strong partnership. In an effort to stay connected internally with our team and externally with our partners, our team utilizes Site Audit Pro.The program allows us to send visual communication though pictures along with a detailed explanation of the issue. Site Audit Pro is key in ensuring everyone is on the same page in helping to form the best possible solution.

Al\1
Bill (FGL), Tom (FGL)
Monday, April 5, 2021
Prcpaia:!For
11 liems Identified

Sample Prope1ty- 4/5/21, 8:52

Closing the Communication Gap

Alignment, t:xecution & Bui	mg	an:ners  ips

SAMPLE
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Removab bggcd '\\ith «mge tape

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Closing the Communication Gap
xecut1on & Bui am	artnershios
Constant, open communication between the board members, landscape committee (if applicable) and your ULS team will help to ensure expectations are set and goals are met. We plan to accomplish this through:
Clear understanding of milestones to improve the landscape quality.

Constant communication with HOA Management, Board Members and Committees.

Weekly progress updates throughout the initial transition.

Property inspections with Management and Board Members at predetermined intervals. (Sample report on pages below).
Our goal is to tailor this communication plan to meet your needs and the needs of the community.

t

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Certifications

Certification

fiWt of

,:floriba

3Dtpartmtnt of l!lgdruUurt anb Consumtr &ltrbius
;lilureau of entomolO!J!I ll1lll tJtst Control
CERTIFIED PEST CONTROL OPERATOR
Number: .JF143135

SCOTT PRITT

eft,wn &Q,.,uwu,rla/

i11 co11/urn1i/1wJ ill dtl Act a/ti, ofi!,iJ/afur• of tfiaSt,d"' of J/o,iJ1 ra9u.lali119 de
rr,1c/,L;4 o/ p,tJJl Can1.n,I nnd imr0Ji119 r 11dll.iaJ /.,, l/iol/U,1u.
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Jf jruilur., I _JaflJ. J ,1, ":Jl,iJa o,.. Ju/If 7, 2006

0

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Charles H. Bronson Commissioner of Agriculture

D,\CS for.n 17110, r cb 99

Your Agron	,cs and Irrigation Specialists

Certification
our	gronomics and Irrigation Specialist

D:r:, ,, "ISSIONE1

Lawn .:md Orn.1me11ul

l'ilRc\ RF.TH ROAD
ORL\NDO, FL 3::!.S24

U:-IITED LAKD SER,1CES LLC
l:Z-:15 SA'.'l JOSE ULVO
STE4
Jt..CKSONVTLT.F., 'Fl. l2:!2J

AT

PERIOD EXPIRIKG: Oc1nber 31, ?022

THF. PF.ST CQ,-Tl!OL CO:\IPANY FIRM NAMED UELOW IIAS REGJSTF.RE.O UNOER TIJE PROVISIONS OF CHAPTER 482 FOR THE

Exi:irc
Ocfubcr JI, ?0?!

Drctmbt.r 7, 2021	JBJOJ5;9

STATI> OF FLORIDA
Department of Agriculture and Consumer Services
BUREAU OF LICENSING AND EM'ORCEMENT
Lh.tc	Fil:::N1J.

,Pc l Kl SIISSIO'lER

I.:awn :mrt Orn:m1cnt:1l

SCOTI l'RITI'
151.5-J JOHN L.KE RD CLtRMONT, FL 34711

THF.Cf'.RTJFIEll PF.ST co:-.TIH)I. OPERATOR N,\MED RFI.OW IHS REGISTERED UNDER THE PROVISIO'-IS OF CHAPTER 482 FOR THE PERIOD EX?IRING: .lune I, 20??

Expires
June l, 2022

File No. JP14JJ35

D lc
June 2•1, 20?1

STATJ::. OF FLORIDA
iilr.p,1r1111t111 or !!lllrirnlrnrr. m1b u11,11111rr l5lrt irr.
uuru:.AU OF LICENSL\'G ANO l!:N[."QRCl::I\IENT

Tax Collector Scott Randolph	Local Business Tax Receipt	Orange County, Florida
This locol Bu'"1CSSTrue Rcoeli>I Is In-	lo and no< in leu ol arrt Olher tax requn,d tr1 law or '11IKudpal oninance. B..,.,.	aro sutljed lo rogua:lonof zoni',g, neal!h 1111d othe<
,m,,iut lltthonlios. Thl5 roooiptis	from Oct01>er 1 l!vougll Sop-	30 cl n,ooipt yaar. Dollnquont penalty I• -	Octoba, 1.

5000  BUSINESS OFFICE

TOTAL TAX PENALTIES PREVIOUSLY PAID TOTALOUE

9224 TELFER RUN (MOBILE) U-ORLANDO. 32617
TODD MARC C - IS0000258

2021

S60.00
$6,00
S66.00
S0.00

S30.00

EXPIRES	9/30/2022
1 EMPLOYEE	1812  IRRIGATION	530.00

FLORIDA ULS OPERTING LLC TODD MARC C - IS0000258
UNITED LANO SERVICES FLORIDA ULS OPERTING LLC 9224 TELFER RUN

ORLANOO FL 32817

5000-1224500
1 EMPLOYEE :

PAID: 566.00  2004-07392138  10/2212021

This receipt is offldal wnon vafida:ed by tho Tax Colloclor.

Scope of Services Summary

Scope of Services Summary
Annua	m	nance Out me

In order to maintain a high-level of service for your property, we plan carefully and intentionally to anticipate the 11eeds of your property. Our team of experienced professionals have a keen attention to detail. Please ask if you have any questions about our visits or frequencies.

Maintenance Services Mowing Services St.Augustine Bahia
Detail Services
Pruning

SERVICES	VISITS

42
28

12

Weeding- Manual and Chemical Visits Fertilization & Pest Control Services TurfWeed & Insect Control
Granular Turf Applications (St Aug) Granular Turf Applications (Bahia) Top Choice Applicaion (Bermuda) Shrub Visits
Shrub Insecticide & Fungicide
Irrigation
Monthly Inspections with Reports
Palm Pruning
Palms
Mulch
Mulch Application

As Needed

As Needed
4
2

2
As Needed

12

Scope of Services Summary
Annual Maintenance Outline

The following outline details our proposed scope of services and offerings to be provided by our service teams, to ensure we meet the specific needs of your project as governed by our agreement.

LANDSCAPE MAINTENANCE PROGRAM
Turf Grass Mowing
Mowing schedule based on climate and turf type.
Mowing height to be adjusted based on turf type.
Cuts postponed because of weather to be made up as soon as possible.
Hard edging (concrete) will be done per cut, soft edge will be done every other cut. Landscape beds containing rock will not be mechanically edged.
Areas to small to mow will be completed with a string trimmer or push mower.
All debris created during maintenance operations will be removed and or blown from adjacent surfaces.
Ornamental Detailing
Detail operations will be completed in a sectional manner once monthly.
Plant material will be trimmed to retain the natural shape and function of the plant using Best Management Practices and techniques.
Trees will have trunks cleared of sprouts and elevated to 8' in Green areas and 15' in Paved areas.
Palms under 15' will have brown fronds removed during detail rotation.
Post emergent herbicide will be used in landscape beds to control unwanted weeds and vegetation.
Fertilization & Pest Control Services
Turf will be fertilized using a premium slow release granular fertilizer. Applications will adhere to any State and Local ordinance including Blackout Periods.
Fertilizer composition (NPK, Nitrogen, Phosphorous, Potassium) will be determined based on site needs.
Pre and Post Emergent Herbicides will be used as needed to control weeds in curfgrass.
All applications will be used as directed by the manufacturers instructions for use and in accordance with all State and Federal regulations/ guidelines.
Ornamental Plants, Trees & Palms will receive a balanced fertilizer at appropriate rates, typically in spring and fall months.

Scope of Services Summary

Irrigation Inspections & Maintenance
System will be routinely inspected for operational efficiency and condition.
Visual inspection will include controller and electronic components, spray and rotor heads and shrub risers.
Minor adjustments for efficiency will be made during inspection.
Repairs for malfunctioning, broken or worn out components (heads, line breaks, controllers and electronics, pumps, etc.) will be done after client approval.
Seasonal Color (Annuals) Installation
If cost is not included in the monthly billing. installation will be done upon authorized approval from Board of Directors or CAM.
Flower type will be selected based on climate, availability at time of install and coordination with	adjacent neighborhood associations to ensure uniformity.

Flower beds will be maintained to remove faded or dead plants and to ensure optimal bloom tion and neat appearance.

produc-

Commercial fertilizer will be applied to all areas at time of install with follow up applications of micro nutri- ent, fungicide and pesticide based on flower type and Best Management Practices.
Standard Annuals to be used for quarterly changeouts. Premium varieties to incur additional cost.
Mulch & Pine Straw Installation
If cost is not included in the monthly billing, installation will be done upon authorized approval from Board of Directors or CAM.
Mulch will be installed at timeframe determined by HOA.
Mulch to be Dyed Hardwood Blend, installed Ix per year upon approval.
Installation method to be determined by contractor, either bagged product or bulk install with blower truck.
ADDITIONAL SERVICES AND  TEAM EXPECTATIONS
I • Extra Services
We will provide extra/special services based on agreement and specifications set forth by the Client
Team Expectations
Our field personnel will be licensed for all applicable maintenance duties, included any pesticide applications, as required by law.
Appearance
Our team is required to maintain a professional and well-groomed appearance at all times.

Your Investment

Your Investment
L- ndsc pe Management Proposal

	Contract Maintenance		Monthly	Yearly	
	Core Maintenance		$3,767	$45,204	
	Includes Mowing, Edging, Weed-eating, Debris Blowing, Shrub Pruning, Tree Pruning (up to IO ft.), Rejuvenation Pruning (native grass), Weeding & Cleanup				
	Fertilization & Chemical Treatments		$527	$6,324	
	hdudes Palm & Shrub Fertiization, Turf Fertilization & Pest Control Applications				
	Irrigation Inspections		$421	$5,052	
	Includes Adjusting Heads and Nozzles, Seasonal Clock Adjustments,				
	with Monthly Reports				
	Mulch - 400 cubic yards @ $48 per yard		$1,600	$19,200	
	Palm Pruning - 264 sabal palms @ $27 each		
$594	
$7,128	
	Total for Landscape Maintenance		$6,909	$82,908	

SERVICES AGREEMENT

This Services Agreement (the "Agreement") is entered into this  

day of 	

2022 (the "Effective Date"), between

	 (the "Customer"),  and	(the
"Contractor"). Contractor is in the business of providing landscape maintenance services and Customer desires to contract with Contractor to provide landscape maintenance services to Customer and certain properties managed by Customer in accordance with the following terms and conditions of this Agreement
Service Address:	

I.  Services. Contractor agrees lo provide the Customer with the scope o[ services set forth in Exhibit A (the "Services") nt the locutions specified therein. Contractor agrees to provide ull labor, material, equipment and supervision lo perform the duties outlined by this Agreement, except that Customer shall provide any necessary water and utilities necessary for Contractor to perform the Services. Contractor warrants to the Customer !hat: (i) Contractor will perform lhe Seivices in a workmanlike manner in accordance with reasonable prevailing industry standards; (ii) Contractor shall comply with all applicable laws; (iii) Contractor has no oulslanding agreement or obligation that is in conflict with any of the provisions of this Agreement or that would preclude Contractor from complying wilh the provisions of this Agreeme.nt. Contractor shall not have any liability for any nonperformance, delays, or alleged deficient performance resulting from any environmental issues, including drought, hurricane, flooding, tomados, rainfall, storms, earthquakes, or other disasters or weather events, any governments actions or changes in law, any wars, acts of te1Torism, epidemics, shortages, strikes or other labor issues, or other causes beyond lhe control o[ Contractor. Contractor hereby waives any implied warranties, including, without limitation, any warranties of fitness for a particular purpose or workmanship. Contractor's liability under the performance of this Agreement shall be limited to the value of any Services thnt arc deficient or otherwise result In such liability.

CompeHsation. Jn consideration nrthe Contmctor's perfmmance of the Seivic.es, the Customer agrees to pay Contmctor the fees set forth on Exhibit A for the monthly amount of for the Services sel forth therein, which shull increase by inflation as measured by !he Consumer Price Jndex for All Urban Consumers ("CPf') at the beginning of each annual renewal term of the Agreement. Customer shall be responsible for all sales, use. and other taxes with respect to all amounts paid by the Customer lo Contractor under Ibis Agreement other than taxes on Contractors income. Fees for the Services shall he invoiced during the month in which those Services are to he per­ formed and all fees shall be paid within thirty days of invoice by Conlraclor lo Customer. There is a late payment fee of lwenly-Gve dollars. Payments shall be made by ACH or check. Contractor may adjust the fees on an annual basis by giving Customer writ ten notice and such adjustment shall be effective on the next calendar month after the month such notice is given. The tees charged hy Contractor are the confidential information of Contractor and shall not be disclosed by Customer lo any other person or entity. Should Contractor need to pursue legal action to collect any amounts owned, Customer agrees lo pay atlomey's fees, court costs, service charges and any
other expense:; incurred with the collection of any outstanding debts owed to Contractor. Customer shall remit Contractor a monthly tee of$ 	

Term a11d Termi11ario11. The initial term of the Agreement shall commence on the Effective Date and, unless earlier terminated as permitted under this Agreement, shall continue until the date that is 3years following the Etlective Date. Thereafter, the Agreement shall aulomalically renew for successive one year period. Either party may terminate the renewal with 30 days wrilten notice.

Ge11eral. Contractor enters into this Agreement as an independent conlraclor. Nothing in this Agreement shall be construed as creating the relationship of joint venturers, partners, employer and employee. franchiser and franchisee, master and servant, or principal and agent Contractor shall be solely responsible for all taxes, withholdings and other similar stntulory obligations wilh respect to ils employees, including without limitation, Worker' Compensation Insurance. Either party may assign this Agreement to an atliliate or to any successor entity or purchaser of a substantial portion of the assets of such party that relate lo the subject mailer of this Agreement without the other party's consent but with wriuen notice. This Agreement shall be governed in all respects by lhe laws of the United States of America and by the laws of the State of Florida. Each oftbe parties irrevocably consents to the exclusive personal jurisdiction of the federal and state c.mn1s located in Florida, as applicable, for any matter arising out of or relating to this Agreement. Except where provided otherwise, notices hereunder shall be in writing and shall be deemed to have been given upon receipt. All communications will be sent lo the party's address as set forth herein, or at such address as the parties may later specify in writing for such purposes. This Agreement constitutes !he entire agreement between the parties with respect 10 !he subject mailer hereof, and supersedes and replaces all prior and contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment or modi tication of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties.

[Signature Page Follows]

THIS SERVICES AGREEMENT IS ACCEPTED AND AGREED TO AS OF THE EFFECTIVE DATE:

Contractor:

By:
Name: 		_ Title: 	_
Date:	

Customer:

By:
Name: 	_
Title: 	_
 Date:	

Providing exceptional landscape services to partners across the state of Florida.

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KOLTER
HOMES

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THE
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\  JROUP.INC.

DAINDRIDGE

FLOURNOY
Prooenies Grouo

GREYSTAR

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United We Grow!

Uniting partners through exceptional landscape services

EXHIBIT C SCOPE OF SERVICES

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT LANDSCAPE MAINTENANCE STANDARDS

Landscapes in 1he Poilras Easl Community Development Dislrict (District) have been designed to cmnplemenl lhe architectural character of the buildings and to be attractive lo guests. The landscape maintenance standards outlined herein are intended to keep the prope11ies in excellent condition and maintain the overall design intent. Landscapes that are poorly maintained will distract from the guest experience. These standards are intended to comply with City of Orlando ordinances, but in the event of a discrepancy, city ordinances will supersede.

Landscapes and hardscapes shall be maintained in a fashion that is considered ..Clean. Green. and Well Delined''. Clean means lhat all parking lots, walkways, entrances. beds. and turl'areas are free or weed. litter, and debris. Green means that all turf and plant material is healthy. fertilized as appropriate. and pest free. Well Delined means that all parking lots, walkways, beds. and turf edges are clearly defined. Mulch is applied to a proper depth. Annual color is used in high impact areas to enhance appearance.

General Guidelines
All landscapes and hardscapes shall be maintained in a neat and clean manner. This is critical to the ability to attract and retain desired customers. Landscapers should have a "better than best" mindset when performing their work.
All landscape personnel shall wear professional uniforms. Personal Protective Equipment, including but not limited to reCTective vesls, eye protection. and hearing protection shall be utilized at all times in accordance with applicable OSHA requirements.
All equipment and vehicles utilized by landscapers shall be maintained in good condition, including appearance. Vehicles are to be kept clean and presentable and contain the vendor's name and contact in fonnation.
Landscape work shall be perfonned on days and times that are appropriate and do not interfere with activity at 1he si1e. Noisy work (mowing, edging, trimming) adjacent to residential areas is to be per[onned alter 9:00am. Noisy work adjacent to commercial buildings is to be completed before 8:00am.
Service for large turf areas shall be performed in sections. On roadways, each section is delined as the area between each intersection. It is unacceptable for the mower to move on to another section if the edges have not been trimmed and hardscapes have not been blown. This will ensure a clean and crisp look at all times.
Each section shall be policed for trash during each service. Trash and debris shall be collected and discarded off-site. Discarding into trash containers on the property is not permissible.
A Landscape Log shall be maintained to record all work perfom1ed including routine service, pruning, applications of fertilizer and pest control, irrigation repairs. and project work. This log is to be submitted monthly to the District using a form approved by the District.
Conlractor shall walk the property with the District as requested. Initially this will be weekly. Frequency of walks may be reduced for a given site once the Contractor is established and perfonning well. Deliciencies noted during these walks shall be completed prior to the next scheduled walk.
Proposals for improvements/additional services requested by the District shall be submitted within 3 business days.
Contractor shall have staff available for afier-hours emergencies and provide a 2417 conlact number.
Contractor Warranty: Contractor shall warrant all plant material including grass, annuals, shrubs. trees, etc. for the duration of the contract, except for plants that are identified as declining in the Baseline Landscape Evaluation. Contractor is responsible for providing proper maintenance to ensure healthy plants that meet specilications.

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Baseline Evaluation
At the commencement of all new landscape contracts, the Contractor shall prepare a Baseline Landscape Evnluntion and Assessment for the area included in their scope of work.
Photo documentation illustrating existing conditions.
Inventory of all dead and declining plant material.
Evaluation of all components of irrigation systems.
,v.  Evaluation of ponds (if applicable).
v. Detailed report that includes observations, recommendations, and cost estimates for all recommendations.
Mowing
Prior to mowing on individual properties, remove and dispose of litter and downed branches from all landscape areas. Contrac-tor is not responsible for removal of excessive storm debris such as that from a named tropical event as part of this contract.
Mowing shall be inn manner consistent with landscape maintenance industry standards that ensures smooth surface appearance without scalping or leaving any uncut grass. Where possible, alternate mowing patterns.
Turf areas shall be mowed weekly during the growing season from April I" through October 31" and bi-weekly during the non-growing season from November l '1 through March 31". Based on Ibis schedule. Contractor shall perform approximately 42 mowing cycles per year. Seasonal adjustments may be necessary based on weather conditions nod types of grass. Bermuda shall be mowed twice per week during the growing season to maintain proper height. Bermuda shall also be mowed twice per week during winter months ifoverseeded with rye. St. Augustine ProVista shall be mowed every other week during the growing season and once a month during the winter.
No more than 1/3 of the leafblndes should be removed during each cutting. Turf shall he maintained at the recommended height as indicated in the chart below:

Turfarnss S.,.	ies	Optimal Mowin2 Ueil!ht (inches)	Preferred Mower Type	
Bahia	3.0 4.0	Rotary	
Ocnnuda	0.5-1.5	Reel	
St. Augustine •
Floratam	
3.5-4.0	
Rotary	
St. Augustine -
ProVista	
3.5-4_0•	
Kotary	
Zovsia	2.0-2.5	Rotary	
ProVisra is a slow growin varictv that should be mowed half as often as Floratam	

At the completion of each mowing operation, turf areas shall be free from grass clippings. Mulching type mowers are permitted, but if dumping occurs, clippings shall be removed from the mowed area by the end of each service day. Discharging grass clippings into beds and tree rings is unacceptable und any visible clippings discharged into these areus shall be removed by the end of each service day.
Debris generated from mowing operations shall be removed and all areas (ell in a clean condition before moving onto the next zone.
Tf weather conditions prevent mowing on the schedule day, mowing shall be completed the following day. :'vlowing during inclement weather will not alleviate Contractor of responsibility for damage caused by the mowing of wet areas.
Edging & Trimming
Mechanical edging of turf shall he completed during each mowing service. Edging shall include around sidewalks, curbs, utility hoxes, planting beds, and tree rings.
Chemical edging is not permitted.

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Turf edges shall be mainlained wilh even and clean 90-degree edges. Care should be 1aken lo maintain bed edges as designed in either s1raigh1 or curvilinear lines. Series of inlenlional idenlical beds shall be mainlained so that the visual appearance is consistent.
Weed eat to match mowing height. String-type trimmers shall not be used within 12 inches of trees.
palms, landscape plantings, light poles and signs.
Debris generated from edging & trimming operations shall be removed and nil areas ten in n clean condition before moving onto the next 7.0ne.
Tree rings shall be 36" minimum diameter for canopy trees and 12" diameter for palms. Turf edge along beds shall be 12" trom shrubs. Over time as !he shrubs mature, reduce the turf urea rather than sheering the shrnbs. Turf edges along annual beds shall be 6" from annuals.
Blowing
All hardscapes and landscapes shall be maintained free from turf clippings, sand, seeds. seed pods, dates, pine cones. palm hoot . palm fronds and other debris. This includes sidewalks, stairs, roadways. parking lots, curbs, ulility boxes. planting heds, and tree rings.
8. Blowing should be perforrnl!d in conjunction with mowing and trimming operations. II is unacceptable lo wait until the end of the day to blow areas that were mowed and trimmed.
Areas sensitive to noise and blowing debris shall be hand swept rather than blown. Examples include areas with proximity to restaurants. building entrances, pools, and special event setups.
Materials shall not he blown or placed into any stonn water drain or body of water.
Care must be taken lo prevent. blowing debris onto vehicles or hardscape surfaces.
Irrigation
Irrigation is controlled by tbe District's Water :Management Specialist. This section outlines Contractor's responsibilities as it relates to irrigation.
Contn1ctor is responsible for plant health and shall notify the District in writing if at any time irrigation schedules are inadequate or if other irrigation issues are present. Careti.il monitoring shall occur, especially in drought periods when reclaimed water pressure may be reduced by the utility provider.
Contractor is responsible for notifying the District in advance regarding new plantings and renovations to ensure proper irrigation schedule is updated.
Contractor is responsible for making repairs lo irrigation systems and ensuring the systems are operational al all limes. Minor adjustments and repairs such as adjusting nozzles for proper coverage, raising & lowering of heads. nozzle cleaning and replacement, filler cleaning, and repairing small leaks is included in the contract. Small leaks tbat are included in the contract are defined as non-glued repairs such as lightening swing joints and threaded fitting. Other repairs are to be billed lo the District according to lhe Schedule o[ Values. The Districl shall be notified prior to completing any repairs !hat will be in excess of $500. The District sball not be billed to repair damages caused by mowers and other landscape equipment and practices.
When Contractor becomes aware of breaks and leaks, needed repairs shall be made prior to the next run cycle. :Mainline repairs must be completed within 24 hours. Photos documenting repairs shall accompany all invoices for mainline repairs.
Valve boxes shall remain flush and level with grade. Damaged lids shall be replaced promptly.
Contractor shall have access to water trucks within 24 hours of request by the District, which is billed according to the Schedule of Values.
If turf or plant materials interfere with proper water output alter proper ttimming, sprinkler heads shall be adjusted. This may require raising or relocating heads which is included in the contract. It is unacceptable to remove or over-trim plant material.
T. As trees nnd plants grow, drip irrigation systems may require adjustment or removal to prevent girdling of roots. Contractor shall make recommendations to lhe District for these adjustments.
J.  Whenever plant materials are replaced with different materials, irrigation needs shall be evaluated with appropriate adjustments made. When changing beds from shrnbs to turf, itTigalion lnay need to be modified to ensure proper irrigation and prevent over-watering. Hydrozoning of irrigation shall be included in the cost of enhancement projects.

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Beds
Preparation and Soil Quality
Contractor is responsible for plant health. ll is recommended lhnt soils shall be tested annually to identity pH level of soil and develop the appropriate treatment plan. Soil amendments required to maintain healthy plants are the responsibility of the Contractor.
Annuals (Seasonal Color)
Flowering annuals shall he used to enhance the overall appearance of properties. Annuals are to be planted in key areas where an extra "pop" makes a high impact on guests.
Annuul beds included in the contract ure marked on the site mup. Contractor is responsible for measuring beds. Additioual beds created after commencement of the conlracl shall be billed according to the Schedule of Values.
Seasonal change-outs shall occur 4 limes per year and are included in the contract. Annuals should be replaced when they appear dead.
Contractor guarantees the survivnbiuty nod performance of all Ilower beds for a period of 90 days. Annuals lhal fail lo perform during this period shall be replaced immediately al the Contractor's expense.
Selection and color of annuals shall be approved by the District prior to installation.
Annuals shall be minimum 4" pots and shall be installed according lo lhe spacing in the following chart:

Januarv	Petunias	12''	
January	Pansies	6"	
Murch	New Guinea Sunpaliens	12"	
Julv	New Guinea Sunoatiens	12"	
November	Poinsettias	10"	

Mulch should not be added lo annual beds, other lhau a light dusling of pine fines.
Annually, prior 10 the spring change oul, existing soil shall be removed ton deplh of6" in all annual beds and replaced wilh new bedding soil consisling of 10% coarse sand, 25% pine fines, 15% venniculite, and 50% compost.
Contractor shall maintain access to a reasonable supply of spare annuals to accommodate replacing annuals damaged by vehicles. Beds that are damaged by vehicles shall be restored within 24 hours and billed according lo the Schedule of Values.
Annual beds are to be maintained weed free at all times.
Declining hlooms are to be removed immediately. Dead heading is included far all annuals deemed necessary by lhe District
Free- e protection plans shall be impleme111ed as needed ror all annual beds. Contractor shall be responsible for prompt replacement ofannuals for failure to lake appropriate freeze protection measures.
Shrubs/Perennials
When pruning, currenl techniques and standards approved by the lntemalional Society of Arboricult.ure shall be followed. Plants shall be selectively pruned to improve structure and health und to enhance !lowering or appearance.
In general, shrubs are to be pruned with rounded edges to avoid crealing a harsh boxed
look. Exceptions are made where a squared hedge look is desired such as with podocmpus.
Where shrubs grow inlo turf areas, it is e.ltpecled lhal the turf edge be cul back lo allow room far plants to grow, as opposed to shearing plants in an unnatural way.
Occasional harsh pruning to stimulate new growth is included and shall he at the direction of lhe District.
Dead plant materials shall be removed immediately and replaced within 5 working days.
When replacing dead plants, consideration shnuld be given to understanding why they died. Prior to replacement, soil amendments and irrigation adjustments may be required and are

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included in the contract. Recommendations for changing to a diITerent type of plant material are welcome but musl be approved by the Dislricl. Plants shall be replaced according to the Schedule of Values.
All vine type plants shall be trained and staked according to design intent.
Pruning shall occur as needed based on the specific plant varieties. This may range in frequency anywhere from annually lo monthly. Pruning of flowering shrubs should be careli.tlly timed to maximize blooming. Flowering shrubs should not he pnmed until after the bloom cycle. Shrubs shall he maintained so that they are neat and clean at all times. Certain varieties require hand pruning to prevent damage caused by mechanical pnmer,;,
Shrubs adjacent to structures, roadways, aud sidewalks sllall be pruned to maintaiu a clearance of6" unless otherwise directed by the District.
Dead-heading shall he performed throughout the growing season to encuumge further
!lowering.
Trees & Palms
All tree bracing systems shall be checked regularly and adjusted as needed to prevent girdling. Braces and cables should be loosened or removed when appropriate. Bracing systems shall he removed after 12 months unless other:v,;se directed hy the District. Removal of tree bracing systems is included in the contract.
Pruning of trees and palms up to a height of 12 feel is lo be performed as needed during regular weekly service. Pruning of palms in excess of 12 feet is to be performed minimum two times per year to remove seeds, dates, and brown fronds. All specimen palms shall be maintained such that snapped or brown fronds are removed duriug each weekly service
The central leader/lnmk shall be maintained and protected. No topping is permiued.
Trees shall be pnmed according to best practices for each variety. Street trees shall be maintained with a minimum seven-foot clearance from ground to lower branches over sidewalks and fourteen-foot clearance over roads and must not impede clear site lines and trallic clearance, including visibility of street signs.
Crape Myrtles shall be only lightly pnmed. Severe topping is not permitted except as directed by the District.
Magnolias shall be only lightly pruned and canopies shall not he raised except as directed by the District.
Trees shall be pruned when necessary to keep branches clear of buildings. lights. and signs. Branches rubbing on buildings is not acceptable.
Dead and broken branches shall be removed as often as necessary so that trees appear neat at all times. Hanging branches such as those hit by large trucks shall be removed immediately.
Palm fronds shall be removed when the frond is brown. Removing fronds prematurely can deprive the palm of nutrients and stunt growth. Fronds shall be removed as close to the tnmk as possilJle witllout damaging the petiole base. Over-pruning ("hurricane cuts") of palms is not pem1itted. Palm pnming consists of removal of nil dead fronds, seedpods, and any loose IJoots.
Pruning of feature trees and other specimen plant material may only he performed after review and appi:oval by a certified arhorist.
All trees shall be maintained free of suckers and water sprouts.
Trees shall be inspected regularly for disease and dead or damaged limbs and pruned accordingly to prevent further damage and potential injury tu guests.
Mulching
Standard mulch for most locations is natural shredded hardwood with no cypress content. Pine straw shall be used on pond bank slopes. Pine fines shall be used in beds with Asiatic Jasmine or similar ground cover which shall be mulched lightly. All mulch for each c.ycle shall be supplied from the same source to ensure consistent appearance.
Mulch shall be added to nil beds two times each year with a thickness o[ 1-1/2".

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Mulch shall be maintained 3" thick except around the base of trees and shrnbs. Mulch should be kepi 6" away from the base of trees.
Mulch shall not be added to annual beds except for a light dusting of pine fines Lo help with weed control.
Removal of existing mulch build-up is not included in the contract, but is recommended every 3 years. Contractor shall submit a separate price for mulch removal and disposal.
Fertili7.ation, Pest Control, and Weed Control
Contractor is responsible for the health of plants. Fertili7.ation, rest control, and weed control shall occur at regular intervals based on specific needs of various plant materials. Contractor shall determine the most appropriate timing and fonnulns for applications, based on recommendations from the UF/IFAS Extension. Soil testing is recommended but are at the Contractor's discretion.
Fertilization shall occur at least quarterly for all plants.
Flowering shrubs shall be fertilized monthly when in bloom.
Special care must be In.ken 10 ensure the health of palms which are expensive to replace. Contractor shall implement a comprehensive treatment program lo promote health and prevent disease and infestation.
Aprlication plans shall he submitted to the District each month, outlining the schedule for the month and product details.
!:'. fertilizers shall be removed from hardscapes prior to rain or irrigating.
Additional or modi[ied fertilization may be necessary 10 promote plant health and improve appearance. Fertilization rates should be adjusted to achieve healthy, mature, desirable growth. Fertilizers should only be applied when plants are actively growing.
All fertili:i:er applications nre 10 be recorded in the Landscape Log and sent electronically lo the District after each aprlication.
T.  Tntegrated Pest Management shall be implemented to ensure the most effective and safest treatment is utilized. Special care is to be given in areas where children are likely to encounter pests and pesticides.
Turfgrasses shall be inspected during each mowing sen·ice to identify early waming signs of pest and disease related issues. Treatment should occur immediately. Contractor is responsible for rerlucing turf that is damaged by pests, disease, or i1Tigation problems.
When pruning trees and shrubs that are diseased, pruning tools shall be sterilized to isolate the spread of disease. Al limes, complete removal of a plant may be required lo prevent spread of infection. Replacement options shall be recommended lo the District.
All landscapes and hardscapes are to be kept free of weeds at all times.
Weeds are lo be controlled by the most efficient method, which may include hand removal, mechanical removal, andior chemical removal.
Chemical weed control should be used cautiously around plant material. Contractor shall be responsible for replacing damaged plants resulting from improper spraying and overspray due to windy conditions.
0. Herbicides are not to be used in windy weather when there is risk of damaging nearby plant materials.
Weeds shall he controlled in turf at all times. Pre-emergent and post-emergent herbicides should he used as appropriate.
All individuals engaged iu commercial spraying shall be properly trained and have a valid pesticide applicator license issued by the Florida Department of Agriculture.
Contractor shall he responsible for replacement of plants that die as a result of improper application or lack of fertili7.er, pest control, and weed control. Contractor shall not be held responsible to replace plants killed by diseases that are unpreventable.
Lighting
Lighting is essential for security and safety as well as highlighting landscape and architectural features. Plant vegetation shall be trimmed to prevent intmsion around lighting and signage.

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.Monthly night-time inspections shall be performed to identify lights that are blocked by vegetation. Deuciencies are to be promplly corrected. including adjusting the angle of lights that have been bumped by lawn care equipment. Lights that are not functioning should be reported immediately to the District for repairs.
Lights that are damaged by Contractor shall be replaced nt the Contractor's expense.
Emergency Response
Contractor shall recognize the District as a high p1iority client before and after emergency events such as hurricanes.
Pre-tropical weather event
As soon as a tropical stom1 watch or hurricane watch is issued for the area, all landscape related items on the property shall be secured.
Ensure all weak (new) trees are properly staked and supported.
111. Prepare equipment and supplies to he able to respond to the site after the storm.
Post-tropical weather event
Witllin 12 hours after a tropical stmm warning or hun-icane warning expires, or when ii is safe to do so, the site shall be assessed for damage and cleanup shall commence by the landscape Contractor. Damage to buildings and major damage to the site shall be reported to the District immediately. Downed wires should not be approached and should be reported lo llle utility company immediately.
Contractor will be compensated on a time and materials basis for reasonable labor and supplies required to clean up the site and restore it to its proper appearance. This includes but is not limited to collecting and disposing of debris, pnming damaged trees and shrubs, straightening trees and installing supports as needed, and sweeping parking lots. Major expenses such as tree replacement shall be reviewed with the District prior to proceeding.
List of Appendices:
Fenilization Program.
Site pion showing defined boundaries of Contractor's scope.
Schedule of Values for addi1ional work outside the contract scope.

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APPEJliDIX A
POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT FERTTLTZA TION MATRTX

I.	SHRUBHERY, CANOPY TREES, PALMS, AND ORNAMENTAL GRASSES

Date	TVDC	Rntc	
Februarv	8 - 2 - 12	15 pounds of fertilizer per 1000 square feet	
Mav	8 - 2 - 12	15 pounds of fertilizer per 1000 square feet	
Auiiust	8 - 2 - 12	15 pounds of fe11ilizer ner 1000 square feet	
November	8 - 2 - 12	15 pounds of fertilizer per I 000 square feet	

8- 2 -12 Label		
Material		
Total Nitrogen (N)	8.00	
% Nitrate Nitrogen	0	
'6 Ammonical Nitrogen	0	
'% Uren Nitrogen	8.000	
% Water Insoluble Nitrol!en	0	
Available Phosohate (P205)	2.00	
Soluble Potash (K20)	12.00	
Total Sulfur (S)	13.544	
Sulfur as S (Free)	0.808	
Sulfur as S (Combined)	12.736	
Calcium (Ca)	1.010	
Chlorine not more than	0.048	
Secondurv Nutrients		
Total Mal!Ilesium (Ml!)	4.80	
Soluble Mnl!Ilesium (Mg)	4.80	
Total Soluble Manganese (Ma)	2.00	
Total Chelated Iron (Fe)	0.200	
Total Soluble Copper (Cu)	0.020	
Total Soluble Zinc (Zn)	0.020	
Total Boron (Bl	0.100	

Derived from:
Polymer coated Sulfate of Potash-Magnesia, Polymer coated Urea, Sulfate of Potash, Triple Superphosphate, Calcium Sulfate, Copper Sulfate, Gypsum, Iron EDTA, Manganese Sulfate, Sodium Borated, and Zinc Sulfate

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9

ST. AUGUSTINE, BAHIA, ZOYSIA AND BER.v!UDA

Date	Type	Rate	
Februarv	8 - 0- 12	15 pounds offe,tilizer per l000 square feet	
Mav	8 - 0- 12	15 oounds of fertilizer oer I 000 sauttre feet	
August	8 - 0- 12	15 nounds of fertilizer per I 000 square feet	
November	8 - 0- 12	15 pounds of fertilizer per 1000 square feet	
	8-2-12 Label			
	Material			
	Total Nitrogen (N)	8.00		
	% Nitrate Nitrol!en	1.00		
	% Ammonical Nitrogen	2.50		
	% Urea Nitrogen	4.50		
	% Waler Insoluble Nitrogen	0		
	Available Phosphate (P205)	0		
	Soluble Potash (K.20)	12.00		
	Total Sulfur (S)	12.14		
	Sulfur as S (Combined)	12.14		
	Chlorine not more than	0.078		
	Secondarv Nutrients			
	Total Magnesium (Mg)	4.00		
	Soluble Magnesium (Mg)	4.00		
	Soluble Manganese (Ma)	2.00		
	Chelated Iron (Fe)	0.20		
	Soluble Cooner (Cu)	0.02		
	Soluble Zinc (Zn)	0.02		
	Boron (BJ	0.05		

Derh·ed from:
Ammonium Nitrate, Polymer coated Sulphur Coated Urea, Polymer coated Urea, Sulfate of Ammonia, Sulfate of Potash, Sulfate of Potash-Magnesia, Triple Superphosphale, Copper Sulfate, Iron EDTA, :½anganese Sulfate, Sodium Borate, and Zinc Sulfate

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PERENNIAL BEDDING PLANTS

Date	Tvvc	Rate	
March	10-10-17	1.5 pounds of fertilizer/I 00 square foot	
June	10-10-17	1.5 oounds of fertilizer/100 sauare foot	
September	10-10-17	1.5 pound of fertilizer/I 00 square foot	
December	10-10-17	1.5 pounds offertilizer/100 sauare foot	

Nutricotc Controlled Release 10-10-17		
Label		
Material		
Total Nitrogen	10.00	
% Nitrate Nitrogen	5.00	
% Ammonical Nitrogen	5.00	
Available Phosphoms (P205)	10.00	
Soluble Potash (K20)	17.00	
Secondarv Nutrients		
Total Magnesium (Mg)	1.2	
Total Manganese (Ma·1	0.05	
Total Tron (Fe)	0.16	
Total Zinc (Zn)	0.01	
Total Molybdenum (Mo)	0.015	
Total Conner/Cu)	0.04	
Total Boron (B)	0.01	

Derived From:
Ammonium Nitrate, Ammonium Phosphate. Potassium Nitrate, Sulfate of Potash, Magnesium Sulfate, Sodium Borate, Copper Sulfate, Iron Sulfate, Manganese Sulfate, Ferrous Ethylenediamine Tetra acetate, Sodium Molybate and Zinc Sulfate

of 11

11
4875-6683-7308.2

SUPPLEMENT AL PAL:v1 - For nutritionally weak palms

Date	Tank ,nxture	Rate	

Monthly until recovery
occurs	5lbs -20-20-20 + 25lbs tech Mangam + l
gallon Roots: 1-2-3-+ 251bs \,1agnesium
sulfate/100 .11.allons water	
Drench 5-gullon single palms, 10 gallons cluster Palms	
OR
Date	Tyoc	Rate	
Every Three (J) months until recovery
occurs	
0-0-10	15 pounds of Fertilizer per 1000 square feet	

0-0-10 LABEL		
Material		
Soluble Potash	10.00	
Total Magnesium	5.00	
Soluble \,Jagnesium	5.00	
Soluble \fanganese	2.00	

Derived From:
Polymer Coated Sulfate or Potash-Magnesia, Sulfate or Potash-Magnesia, nnd Manganese Sulfote

of 11

12

EXHIBITD EMERGENCY PREPAREDNESS PLAN

Poitras East Community Development District
EMERGENCY PREPAREDNESS PLAN

For
LANDSCAPE, HARDSCAPE & STREETSCAPE AMENITIES
Located In ORLANDO,FL

Purpose: To provide a comprehensive list of procedures to be followed by the Contractor for preparations related to stonn events and other natural emergencies on the District jobsite within the District's boundaries. This plan is to be utilized as the minimal procedures to be followed during preparation for stonn events, such as ht11Ticanc and other extreme wind or water events. Actual physical situations and weather conditions may affect the execution of this plan.'Ibis plan is to be utilized as a guide for the process. The District Board of Supervisors has approved the fonn of this Addendum, has authorized the fonn of this Addendum to be supplemented by the COD Constrnction Committee prior to execution based on the nature of the contractual services required, and has authorized the execution of this Addendum.

The District will appoint a representative rcti::rrcd to as the Storm Emergency Preparedness Coordinator (SEl'C) who will closely monitor the weather conditions during the hurricane season, which nms from June I'' to November 30"' every year, and generally monitor the weather for the balance of the year. The SEPC will coordinate with the Contractor to ensure that the minimum requirements of this plan arc met.

The Contractor may have company-generated cmergency/sto1m work procedures in place, which exceed this 11lan. These procedures must be coordinated and approved by the SEPC. At a minimum, the Contractor will be required to follow the procedures outlined in this plan. For the safety of all employees, the Contractor's crew shall not be dispatched until the stonn has passed, unless authorized by the SEPC. After the storm has passed, the jobsitc will be evaluated by the Contractor's Project Superintendent (CPS) and the SEPC for safe working conditions. All employees arc not to be allowed to return to work until the site has been deemed safe and sanitary for work by the SEPC and the CPS. No personnel, whether essential or non-essential, shall be allowed to work on the site when maximum sustained winds exceed 39 mph. It is contemplated that a regional emergency council/group ("Council") may be established among landowners with the District in the foture for the purpose of effectuating Development-wide emergency policies and procedures. In the event the Council designates facilities for the purpose of allowing essential personnel to remain on-site during an emergency, the Contractor agrees to coordinate with the SEPC in determining whether Contractor personnel shall remain onsitc during an emergency at such time in the foturc.

The Contractor is expected to place the District in a priority position and the Contractor shall commit to having labor and equipment on site within 12 hours of the storm passing to begin cleanup and restoration operations.

The Contractor will bring in additional equipment and labor, if needed, with the approval of the SEPC. The Contractor shall submit a Labor and Equipment Rate Schedule annually for review and approval by the SEPC. The Contractor shall submit to the SEPC a rntc schedule on or before October I. All preparedness action items shall be in addition to the scope of services identified in the Agreement and shall be provided by the Contractor at no additional cost.

Page I or6

It is expected that, as a matter of protocol, the Contractor will also monitor the weather for tropical storms, hurricanes, and other weather events that may create emergency conditions throughout the year. The key to providing the safest environment and protection of the landscape and hardscape asscL located within the District is based upon preparations, storm awareness, communication, and response.

PREPARATIONS: Preparations for expected storm events may differ; these are the minimum actions that should be undertaken.

During the storm season, the best practice for the jobsite location is to maintain a supply of emergency supplies in the event of isolation, loss of utility services, road blockage, and loss of fuel supplies. Items to be included in the Emergency Response Box ("llun-icane Box"), or other such emergency storage container, should include, bur is not limited to:

Supply of Drinking water (3 days per employee on site)
3-day supply of non-perishable food
flashlights and fresh batteries (lights plus backup batteries)
Nylon rope (polypropylene) (500')
Spare Ear Plugs
Tarps (5-10)
Leather palmed gloves
Fuel
Electrical Generator
Hand tools (ax, shovel, rake, etc.)
First Aid Kit
Duct tape
Plastic garbage bags -large yard size
Rain Suit
1 roll of CAUTION tape
Spare Safety Goggles
Rubber boots
Mosquito Rcpcllant
Asphalt "cold patch"
Quick sci concrete mix
Spare in-igation pipe and fittings
O1ainsaw(s)
Leaf blowcr(s)
Extension cord (500')
String of temporary lights
Rolls of Poly (5)
Scaffold and boards
Portable light on wheels
Spare chainsaw chains
Chainsaw bar oil

Page 2 of6

2
4875-6683-7308.2

5 Day Action Plan:

Where potential for a hurricane landfall, or other natural emergency, is expected within a 5-day period, or in the event the area is placed under a "IIURRICANE WATCH," the following shall occur:

The CPS shall establish communication with the SEPC regarding the presence of the storm/hurricane/emergency and review site specific actions to be undertaken by the Contractor.

The CPS shall monitor the storms pro1,,'Tcss at regular intervals via radio, television, computer/internet, or other means available.

Tbe CPS shall communicate conditions and plans with their company's Safety Team or Safety Manager ,L may be required to review the situation ahead of time.

The CPS shall continue to monitor the stonn/hurricane/emergency for changes in the storm profile and/or projected course, and communicate these changes to the SEPC.

3 Day Action Plan:

Where potential for a stormtburricane landfall, or other natural emergency, is expected within a 3- day period or in the event the area is placed under a "HURRICANE WARNING," preparations shall be made to: secure the jobsitc; protect District landscape and hardscape assets; prepare for tie down actions and evacuation. In addition, the following shall occur:

The CPS shall establish communication with the SECP regarding the potential emergency conditions and review site specific protocols required by the SECP and by the Contractor.

The CPS shall notify the Company Safety Manager and/or supervisory personnel of the preparations ofthcjohsitc shutdown and preparation to secure the site.

The SEPC will hold meetings with Contractor supervisory personnel and employees to discuss the proposed action plan.

Ensure all materials, tools, tool sheds, containers and small equipment are removed from low-lying areas and arc protected from rising water and arc tied down.

Ensure that all motorized equipment is securely parked in an elevated area so it will not be damaged from possible flooding and is tied down. Equipment parking areas will be approved by the SEPC after discussion with the CPS.

All Contractor-owned construction trailers, office trailers, tool trailers, sheds, etc., if any, on the Contractor's jobsite shall be tied down securely according to City of Orlando Code. If equipment cannot be sccurc<l properly, it shall be removed from the jobsitc.

Police the jobsitc and storage yards to remove, ordirect removal of, potential flying objects from the site or secure them with proper tie-downs.

Have all temporary port-o-lets pumped out, tied down or removed.

Page 3 of6

Have all trash dumpsters emptied or removed.

Top off all equipment with fuel in the event that fuel supply becomes short or senicc stations are inoperable following the storm/emergency. All equipment and all fuel cans should be filled to capacity.

All water containers should be fi lied with potable water to capacity.

All bag fertilizer or chemicals should be placed in the interior of a secure structure or removed from the site.

I 3. Board up all windows in field office (if applicable), or protect them with storm shutters.

Disconnect all field office (if applicable) electrical equipment (computers, copiers, etc.).

Take photos of your site prior to the storm/emergency to record site and landscape conditions.

Park trucks and other motorized equipment in an open area that will be easy to clear and near a major roadway, if possible, so after-stmm access is easier.

All uninstalled landscape materials shall be secured in the best possible way considering the anticipated intensity of the upcoming storm event.

All tics, _guys and other tree or plant material support systems shall be checked, tightened, secured or replaced to protect the landscape asset from the level of storm damage expected.

All drnins, swalcs, inlets, outlets or other clements of the drainage system shall be checked to ensure that the stormwatcr structures and conveyance channels arc free flowing.

1 Day Plan; (Hurricane is Eminent)

The CPS shall establish communication with the SEPC regarding the eminence of a storm1hurricane/emergency and review site specific protocols to be utilized by the SEPC and by the CPS. Communication options for po 't storm shall be c 1ablishcd in the event of the loss of cellular or wired communication for the time period immediately following the storm event.

The CPS shall notify the Contractor's Safety Manager andior supervisory personnel of the preparations at the jobsitc and potential for a project site lockdown. Discussion will entail whether and at what time a lockdov.-11 shall be mandated or if there is adequate safe and secure shelter from the stmm. In the event ofan evacuation, the Contractor's employees shall be offered evacuation and encouraged to participate in an evacuation plan. Before any evacuation, the following shall be completed:

I.  Remove any scaffolding.

Ensure that all small equipment is in the security of storage containers or secure building.

All small materials arc placed in close proximity to storage containers.

Page 4 of6

All heavy equipment is parked surrounding the yard materials and storage containers to fom1 a perimeter. Final inspection of the jobsite to secure any small items and to prevent flying debris shall be conducted by the SEPC at this point.

Ensure first aid kits arc fully stocked.

Identify debris collection locations.

Place flashlight, fresh batteries, first aid kit and/or emergency kit in appropriate company vehicles. fn the event of an evacuation, the Contractor's trucks remaining on the jobsite shall be placed in a perimeter with the heavy equipment.

Generators shall be placed in a point of easy access for first retrieval.

Take photos and/or video of the sccurcdjobsitc, if possible.

Sandbag the doors of the field office (if applicable), if possible.

After the storm: (Post Hurricane)

Once the storm has passed, the jobsite shall be evaluated in partnership with the CPS and the SEPC for its safety. The CPS shall organize available manpower to accomplish specific tasks based upon a prioritization of such tasks provided by the SEPC. All site specific hazards will be noted and corrected within the skills, abilities and training of Contractor's employees. Dangerous conditions for human occupancy may include, but arc not limited to, unstable hard structures, presence of open or downed electrical lines, excessive water build-up/flooding, unsanitary conditions such as the presence of waste, threat of electrical hazards, presence of displaced wildlife, and so forth. The CPS shall co=unicate this with the SEPC to discuss plans for corrcc-tion or elimination of unsafe conditions.

The SEPC in conjunction with the CPS and the Contractor's supervisory personnel shall evaluate the earliest time for resuming work on the jobsite and shall implement plans to that effect. Assistance with clean-up of non-contracted projects or work areas, using Contractor's heavy equipment, vehicles, and labor, will be negotiated based on the Pre­ Approved Labor & Equipment Rate Schedules. It is the intent of the District to continue to provide the safest workplace and the highest level of efficiency in starting work following a storm.

The priorities will be:

Ensure that the public is safe and protected from unsafe conditions on the jobsite created by the storm;
Secure personal property;
Proceed to the jobsitc with caution;
Ensure that site working conditions arc safe;
Clear roadways and other access routes of hazards;
Identify and mark areas where dangerous conditions exist;
Secure damaged buildings;
Repair or make operable any equipment which can be used in the cleanup effort.
Photo-document the site prior to starting cleanup operations.

Page 5 of6

Due to the petishable nature of landscape material, every effort should be made to return the plant material to their original location and position. Contractor shall attempt to return uprooted trees or plants within 48 hours.

Areas where hardscapc, signs or other site amenities have been damaged should be cleared and made passable as quickly as possible.

Photo-document the worksite upon return, noting any significant changes, and communicate those changes with the SEPC.

Photo-document any and all damage to the landscape and hardscape areas.

Assess all repairs and losses within seven (7) days after the storm has passed, with follow­ up assessments to occur sixty (60) days and six (6) months thereafter.

Page6of6

EXIDBITE
FREEZE PROTECTION PLAN

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT
FREEZE PROTECTION PLAN

For
LANDSCAPE, IRRIGATION SYSTEMS & HARDSCAPE
Located In
LAKE NONA, ORLANDO, FL

Purpose: To provide a comprehensive list of procedures lo be followed by contractors for preparations related protecting landscape elements, hardscape and irrigation systems on jobsites within Lake Nona and/or Associated Entities properly boundaries. This plan is lo be utilized as the minimal procedures to be followed during preparing for freeze events and frost conditions. Actual forecasted weather conditions may affect the execution of this plan. This plan is to be utilized as the authoritative guide for the process.

Poitras East Community Development Improvement District will appoint an Owners Representative who will be referred to as the Freeze Protection Coordinator (FPC) who will closely monitor the weather conditions during the winter months, which runs from December l s1 to March 30th every year. The FPC will coordinate with Tavistock Development Company Landscape Personnel and the various Landscape Development & Maintenance Contractors working on site to ensure that the minimum requirements of this plan are met.

Landscape Contractors may have company freeze protection procedures in place, which exceed this plan. These procedures must be coordinated and approved by the Lake Nona FPC. At a minimum every contractor will be required to follow the procedures outlined in this plan.

Contractors will be responsible for having material, equipment and labor available to complete all protection tasks 3 days prior lo the day of forecasted frost or freezing weather conditions. The contractor shall submit a Labor and Equipment Rate Schedule for review and approval by the Lake Nona FPC. The rate schedule shall cover only materials not specified to be supplied by the contractor at his cost in the Landscape Maintenance Contract and shall be submitted prior to December 1st of each year.

It is expected that as a matter of protocol, each contractor will monitor the weather for predictions of freezing weather throughout the winter season. The key to providing the safest environment for our employees and protection of the landscape assets localed on Lake Nona and Associated Entities properties is based upon Preparations, Awareness, Communication, and Response.

If plant material or irrigation components are damaged and the contractor has not followed these procedures the Contractor shall make all repairs and replacements to bring the project back the pre-freeze event condition at the Contractors expense.

Page I of5

ADVA CE PREPARATIONS:

Preparations for expected freeze events may differ; these arc the minimum actions that should be undertaken.

During the winter season the best practice is to maintain a supply of freeze protection materials, tools and safety gear which will be adequate to protect all beds and components which have been designated for protection. These materials shall include but not be limited to:

Frost/freeze protection blankets/sheets rated for temperatures reaching 27 degrees for duration or 4 hours
Steel fastening pins
I" x 2" x 24'' wood stakes lo support frost blankets
Flashlights and fresh batteries (lights plus backup batteries)
Nylon rope (polypropylene)
Gloves
Hand tools
First Aid Kit
Tote bags for fastening pins
Rain Suits
Safety Goggles

Action Plan Prior to December 1st:

The Best Management Practice for Freeze/Frost Protection is to be prepared; therefore the following actions should be taken prior to December 1st:

l. Contractor shall coordinate with the FPC to identify the irrigation elements, hardscape, plants and planting beds to be protected. A final list of these areas shall be prepared by the contractor and submitted to the FPC for approval.

Contractor shall measure and determine the quantities of materials required lo successfully protect the Lake Nona landscape assets.
All material should be ordered at a time which will ensure that all freeze/frost protection will be delivered and on hand prior to December 15th.

Page 2 of5

5 Day Action Plan: (Prior to Freezing Weather)

As cold fronts arc identified which may produce heavy frost or freezing weather the FPC and CPS shall start to monitor the advancement of the system and estimate when the 5 Day Action Plan should be implemented. The initial actions should be as follows:
Contractor's Project Superintendent (CPS) shall establish communication with the Lake Nona FPC regarding the forecast of the frost or freezing weather and review site specific actions to be taken by the Contractor.

FPC and CPS shall monitor the weather forecast at regular intervals via radio, television, computer/internet, or other means available.

FPC & SEPC shall continue to monitor the foreeasted conditions to determine the expected duration of the freezing weather conditions.

3 Day Action Plan: (Prior to Freezing Weather)

When a "Frost or Freeze Warning" has been forecast the following shall occur:

CPS shall establish communication with the Lake Nona FPC regarding the potential freezing conditions and review site specific protocols required by the Lake Nona Freeze Protection Plan.

Hold meeting with supervisory personnel and employees to discuss the action plan.

Ensure all material, equipment and labor are available and on site for use as needed.

All landscape areas shall be well irrigated to ensure a moist soil condition during the freezing weather conditions.
1 Day Plan: (Freezing Weather Eminent)

All freeze/frost protection should be in place by noon of the day before a freezing weather event is expected.

Ensure that no irrigation or other activity will allow water onto any roadway or walkway surface which may allow ice to form and become a hazard.

Employees shall be instructed to wear or Contractor shall provide cold weather clothing which will protect the employees from hypcrthcrmia while installing frost/freeze protection.

Take photos and/or video of the protected areas and equipment.

Page 3 of5

Day/Night of Cold Weather Event

CPS shall notify the FPC when all plants and irrigation equipment have been protected.

The FPC and CPS shall inspect the completed protection efforts.

lf during the inspection additional work is identified-and required by the FPC the CPS shall immediately dispatch a crew to complete the asset protection.

Ensure that all irrigation controllers arc shut down and pipes drained where required.

Depending on weather and wind conditions the Contractor shall make arrangements for an employee to monitor the installation on the frost blankets to ensure that all corners and edges remain secure during the night and/or windy conditions.
Post Freeze/Frost Event: Phase 1 (1- 7 days)

Due to the perishable nature or landscape material the frost blankets should be removed as soon as it is determined that the freezing weather has passed.

As soon as the frost protection blankets have been removed and the weather conditions will permit the Irrigation System shall be run to replenish the moisture in the soil.

Irrigation systems shall be tested and operated to identify any damage which may have occurred during the freezing weather. Repairs shall be made within 24 hours.

Irrigation components which have been protected may keep the protection in place, providing it does not hinder the full and efficient operation of the system or create an unsightly condition.

Areas where trees, hardscape, signs or other site amenities have been damaged should be cleared and made passable as quickly as possible.
Photo-document the worksitc noting any significant freeze or frost damage and communicate those damages to the FPC.
Police the project to remove all materials used during the freeze protection within 3 days.
Assess all repairs and loss: within seven (7) days aficr the storm.

Page 4 of5

Post Freeze/Frost Event: Phase 2 (8 - 30 days)

The Phase 2 objective is lo return the project to a nom1al presentation and condition as soon as possible. The Contractor shall undertake the following activities with the approval of the FPC:
I. During the first five days following the freezing weather event a review of all of the landscape, irrigation system components and hardscape shall be inspected and a report prepared which identifies any freeze damage with an estimate of probable cost the replace or repair.

The FPC and CPS shall determine the extent of freeze damage pruning and removal required.
The first stage of pruning and removal shall be completed within 30 days.

Post Freeze/Frost event: Spring (February - April)

The severity of freeze damage is sometimes difficult to identification for several months.

I. Within their skills, abilities and training the Contractor shall report any new signs of freeze damage to the FPC at the end of each month.

2. All approved pruning, repairs and replacements shall be completed before April
31st•

Page 5 of5

Poitras East Community Development District

Operation and Maintenance Expenditures Paid in October 2022 in an amount totaling $21,333.68

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE ● 3501 QUADRANGLE BLVD STE 270 ● ORLANDO, FL 32817 PHONE: (407) 723-5900 ● FAX: (407) 723-5901

Operation and Maintenance Expenditures For Board Approval

Attached please find the check register listing Operations and Maintenance expenditures paid from October 1, 2022 through October 31, 2022. This does not include expenditures previously approved by the Board.

The total items being presented:    $21,333.68

Approval of Expenditures:

	 Chairman

	 Vice Chairman

	 Assistant Secretary

  
     
    

 			 	 	

      



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

                        

Poitras East Community Development District

Payment Authorization #169
9/30/2022

Item	Payee	Invoice	General	
No.		Number	Fund	

1	
Donald W McIntosh Associates
Engineering Services Through 09/09/2022				
		43195	$	570.63	
2	Kutak Rock
General Counsel Through 08/31/2022				
		3110983	$	3,852.57	
3	Orlando Utilities Commission
Centerline Drive 4" Reclaim Meter				
		804549	$	3,012.13	
		
TOTAL	
$	
7,435.33	

Chairperson

Poitras East Community Development District c/o PFM Group Consulting
3501 Quadrangle Boulevard, Ste. 270

By Amanda Lane at 4:38 pm, Oct 03, 2022

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

Poitras East Community Development District

Payment Authorization #170
10/7/2022

Item
No.	Payee	Invoice
Number	General
Fund	Fiscal
Year	

1	
Berman Construction
October Administrator & Irrigation Specialist	

22331	

$  1,000.00	

	FY 2023		
2	Department of Economic Opportunity
FY 2023 Annual Fee	
87328	
$	175.00	

	FY 2023		
3	OUC
Acct: 2989510986 ; Service 09/01/2022 - 10/03/2022	
--	
$  1,341.66	

	FY 2022		
4	PFM Group Consulting				
	FY 2023 Tax Roll	121963	$  7,500.00	FY 2023	
	DM Fee: October 2022	DM-10-2022-41	$  2,916.67	FY 2023	
	September Reimbursables	OE-EXP-10-2022-22	$	3.12		FY 2022		

TOTAL	$ 12,936.45

1,344.78	FY 2022	
11,591.67	FY 2023	

Chairperson

Poitras East Community Development District

Payment Authorization #171
10/14/2022

Item
No.	Payee	Invoice
Number	General
Fund	Fiscal
Year	

1	
United Land Services
October Monthly Landscaping	

ULS-36136	

$  2,329.00	

	FY 2023		
2	USIC Locating Services				
	Locating Services Through 05/31/2022	514147	$	267.68	FY 2022	
	Locating Services Through 06/30/2022	521232	$	246.18	FY 2022	
	Locating Services Through 07/31/2022	527716	$	633.18	FY 2022	
	Locating Services Through 08/31/2022	534870	$	568.68	FY 2022	
	Locating Services Through 09/30/2022	541399	$	246.18	FY 2022	

TOTAL	
$  4,290.90		

1,961.90
2,329.00	FY 2022	
	FY 2023	

Chairperson

Poitras East Community Development District

Requisition Nos. 2020-193 – 2020-196 Paid in October 2022 in an amount totaling $906,229.91

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE ● 3501 QUADRANGLE BLVD STE 270 ● ORLANDO, FL 32817 PHONE: (407) 723-5900 ● FAX: (407) 723-5901

Requisition Recap For Board Approval

Attached please find the listing of requisitions approved to be paid from bond funds from October 1, 2022 through October 31, 2022. This does not include requisitions previously approved by the Board.

REQUISITION NO	.	PAYEE	AMOUNT	
S2020-193	Donald W McIntosh Associates	$26,659.96	
S2020-194	Kutak Rock	$494.50	
S2020-195	Boggy Creek Improvement District	$59.50	
S2020-196	Jr. Davis Construction Co.	$879,015.95	
		$906,229.91	

P ITQAS EAST ! ¨OI° DESE³P¦"T DISTjI!T iEP²'SITI N L Q P8¸NT
2020 " ­ A!P2'SIR' " AOD 9 NS¯±!® " A!! 2"T

D8REœ	September )0‚ 2022		iEP2ISITI " " 7	09)	
PAkEE7	Donald ´ McIntosh AssociatÂ ¥c	AM 2"T D2Ež	€2?ƒ?19>9?	
ADDjESS�	2200 Parv 8venue "orDh		L 2"DŸ	A»uisitiona!onstrEcDion	
µinter Plv4 Lh )2fg9	
ITEM:	\	'Øòoice 6)09? $r Prouect 0g026 Foi{s East !DD. Enginen*ng Services Through	
		09/09a2022 `=G^›GHŽd5			
	ô	Invoice 6)—9f $r ProTecX 20™91 -Pe@rson Av¿ue -S<eet A.‹ Phase 2.	
		Engineering Services TsouÐ 09/09/b022 Œ =Gc^IJc�He	
	\	'nvoice 6)099 $r ProTect 20111 Foi{s East Master 'nÍas<Ec+Ere Phase ˜ 9.	
		Engineer*ng Sexices Tsough 09/09•b022 � =I„šJI�H5	
	\	'nvoice 6)20 1 $r ProTecX 22190 Foiè@s Pelson Aven e Phase 1) Engineering	
		Ser}ices Throu	09/09/2–22 `=e dJ5‘55		

The |ndersiBed ereb % cerYCÅÓes +hat obligat;ons in the stated awouVt set $rth above ave been incñed % åe DÑstrict… that each disbursement set $rth above is a pÞp:r charge againsY the 2020 8c3uisition aVd !onséE yion Account† reÈr:nced above_ thaD each disbursement set Ërth above (as ;ncuàed in connection ,ith the ac3uisiãÒon and the consìctCon o# the 2020 ProÔect -hereCn aÄäer the ~ProUect. and ¼ch rmresenDs a !ost o# the Prouect4 and @s not previousl% been paid>

The ndersiBed hereb& Îrther cer+iAes that there has not been ple (ith or sexed upon +he District nozce o# an% l*en4 right to lien‡ or aïachment uponˆ or claCw aÉecZng the Ýght to receive pa%ment oÃ‰ an& o# the monies pa%able to the Pa%ee set $r+r above_ ,hich has not be:n reÕeas¾ or (iÖ× not e Üleased simultaneousl& (ith the paóent ereoÆ

¬he ndersiBed hereb& Ïher cerZpes that s[ch reÛuisition contains no item representing pa&ment on acco[nt oo an& retºVed percentage4 ,r*ch the Disëct is at yhe d¹te oo âuch cerçAcate entitled to retain’

It is hereb& rÀresented b% the undnsiBed that the Ko@rd o# the Dis<;ct has approved th*s r:3uisition or as aÚroved the speciAc contract ,ith respect to (hich disbuWemenî puW|ant to th*s re3uisition are due and pa%able>

8ll invoice-s. are on Êle (ith the Dis<;ct Ìom the vendor o# æe pßperð ac3uired or ser}ices rendered (ith respect to ,hich disbuáement is hereb& re3uest½“

P ITQAS EAST 9 ©OIT· DESEh P§ªR D'ST«!T

Kk7
9£ or SI!¢ 9¤

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

The [ndersigned Dis<ict Engineer ereb& c:rXiqes that th;s isbursement is $r a cost o# the ProUect and is
consistent (ith7 -i] the applicable or onsícZon conêct  �ii] t e pla> Ù	speciq zons $r +he por+ion o# t e

ProUect ,tth respect to ,hich such d*sbuWement is betng made¡ andŠ -i”
rmorY shall ave been amended or modiAed as o# the date ÁeoÇ

K¶7

the District Engineer4 as such

-+-+--H--1-/ -t-	 

P i'$% Ea%' S2020 Re" 193: D nald W McIn' %h && cia'e&	Se!'embe# 30, 2022	Page 1 f1

By Amanda Lane at 4:38 pm, Oct 03, 2022

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X”v Ú«uw¹È˜“vu ”v¸voã sv¹Éœ‡vÈ Ì–mÉ ±o¤—’mÉ—±«È —« Ñv ÈÉmÉvu m¨±Ú­É ÈvÉ Œ¹Ñ mo±Þv ”mÞv ovv­ œ¬sÚÁx pä É”v 9—ÈÉº—sÎ, ÑmÉ vms” u—ÈoÝÈv¨{Ê ÈvÉ ŒÄ mo±Þv —È m ³º±³v¹ s”n¹’v m’m—«ÈÉ Î”v #0#0 2sµÚ—È—É—±¬ n®u 6±¬ÈÖÛsÊœ±­ 2ts±Ú¬É, ¹v…¹v¬svu mo±Þv, ÑmÉ vms” u—ÈpÚ¼Èv¨{É ÈvÉ �Å mo±Þv ámÈ —¬sÚ½½vu —¬ s±¬«vsÔ±« á—Ñ Ñv ms·—È—Êœ±« m­u É”v s±«ÈÖÛsÔ±­ ±� Î”v #0#0 O± vsÉ (hv¿—« m�v¹ Ñv "L¹± vsÉ") m¬u vms” ¹v³¹vÈv­ÉÈ m 6±ÈÉ ±� Ñv L¹±¡vsÎ, m¬u ”mÈ
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±‚ m­ã ¥—v­, ¹—’”É É± ¥—{, ±¸ mÊÐms”ªv­Ë Ú³±­, ±¸ s¤mž¨ m†vsÕ«’ Ñv ¹—’”É É± ¹vsv—Þv ³mãªv«É ±ƒ, n¬ä ±� Ñv ©±°vÈ ³mãmp¥v É± Î”v Mmãvv ÈvÉ ŒÆ mq±ßv, á”—s” ”nÈ ¬±É ovv« ¹v¤vnÈvu ±¹ á—¥¥ ­±É ov ¹v¥vmÈvu È—¨Ú¤Ém«|ÚÈ¥ä áŸÉ” É”v ³måv«É ”v¹v±�.

Y”v Ú«uv¹È—’«vu ”vºvoã ‘”v¹ svÃ—ˆvÈ ÑmÉ ÈÚs” ¸v¶Ú—È—É—±¬ s±¬Ém—­È ­± —Év¨ ¹v³¹vÈv¬É—«’ ³mä¨{É ±¬ mss±Ú­É ±� m­ä ¹vÉm—«vu ³v¹sv­Ïm’v, á•—s” Ñv 9—ÈÉ¹—sÉ —È mÉ Ñv umÉv ±� ÈÚs” sv¹É—„�smÉv v«É—É¥vu É± ¸vÉm—«.

?É —È ”v¹vpã ¹}¹vÈv­Évu oã É”v Ú«uv¹È—“vu É”mÉ Ñv 5±m¹u ±� Ñv 9—ÈÖ—sÉ ”mÈ m³³ÀÞvu Ó—È ¹v¶Ú—È—É—±­ ±¸ ”mÈ m³³¹±Þvu É”v È³vs—„�s s±«ÖmsÉ á—Ñ ¾È³vsÌ É± á”—s” u—ÈoÚ¹Èv¨v«ÎÈ ³ÜÈÚm¯É É± Ñ—È ¹v¶Ú—È—É—±« n¹v uÚv m«u ³mämp¤v.

2¥¥ —­Þ±—sv(È n¹v ±­ ‹¥v á™Î” Ñv 9—È×—sÉ Ž±¨ Ñv Þv¬u±¸ ±� Ñv ³¹±³v¹Ïã ms¶Ú—¼wu ±¹ Èv¸à—svÈ ¸v­uv¸y á—Ñ ¹vÈ³vsÉ É± á”—s” u—ÈoÚ¹Èv¨v¬É —È ”€oã ¾¶ÛvÈÉy.

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6>2BE4 ±¹ b?6; 7>2@VH

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

X”v Ú«uvÂ™’­y 9—ÈÎº—sÉ <«’—­z¹ ”vpä sv¹É—ŠvÈ ÑmÉ É”—È u—ÈoÚºÈv¨v­É —È Œ¹ m s±ÈÉ ±� Ñv L¹±¡vsÉ m­u —È s±¬È—ÈÉv­É á—Ñ/ (š) Ñv m³³¦›smp¤v ²¹ s±¬ÈÙsÏ™±­ s±­ÖnsÎ1 (——) É”v ³¥m¬È n¬u È³vs—‰smÉ—±«È �¹ Ñv ³±¹Éœ±­ ±� Ñv Nº±¢vsÉ á—Ò ¹vÈ³vsÍ É± á”˜s” ÈÚs” uœÈoÜÈv¨w¬É —È ovœ¬’ ¨muv0 m­u, (———) É v ¹v³±¹É ±� Ñv 9—ÈÖ™sÉ <­’—­v~, mÈ ÈÚs” ºv³±¹É È”m¥¥ ”mÞv ovv¬ m¨v¬uvu ±¹ ¨±u—‹vu mÈ ±� Ñv umÉv ”~v±ƒ_

oi!ras  as! S2020 Req 194: K" ak Rock	Sep!ember 30, 2022	Page 1 of 1

By Amanda Lane at 4:38 pm, Oct 03, 2022

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT REQUISITION FOR PAYMENT
2020 NOTE ACQUISffiON AND CONSTRUCTION ACCOUNT

DATE: PAYEE: ADDRESS:

October 14, 2022

REQUISIDON NO:

Boggy Creek Improvement District	AMOUNT DUE:

c/o PFM Group Consulting

FUND:

195
$59.50
Acquisition/Construction

3501 Quadrangle Boulevard, Ste. 270
Orlando, FL 32817

ITEM:

Reimbursement for Construction-Related Legal Advertising, Split Between Boggy Creek, Greeneway, Myrtle Creek, Poitras East, and Midtown, Paid to Orlando Sentinel Out of Boggy Creek Series 2018 Construction Funds (Reference OSC61235623 ; Ad: 7294022),
. 2018-270

The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2020 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2020 Project (hereinafter the "Project") and each represents a Cost of the Project, and has not previously been paid.

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

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

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

All invoice(s) are on file with the District from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.
POITRAS EAST COMMUNITY	k
DEVELOPMENT DISTRICT	µ.J,
BY:		 CHAIRMAN or VICE CHAIRMAN
DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

The undersigned District Engineer hereby certifies that this disbursement is for a cost of the Project and is consistent with: (i) the applicable or construction contract; (ii) the plans and specifications for the portion of the Project with respect to which such disbursement is being made; and, (iii) the report of the District Engineer, as such report shall have been amended or modified as of the date hereof.

BY:	,1/,1)2,,2-
effrey J. Newton, PE

Poitras East S2020 Req 195: Boggy Creek ID	October 14, 2022	Page 1 of1

POITRAS EAST COMMUNI1Y DEVELOPMENT DISTRICT REQUISITION FOR PAYMENT
2020 NOTE ACQUISfflON AND CONSTRUCTION ACCOUNT

DATE: PAYEE: ADDRESS:

October 14, 2022
Jr. Davis Construction Co. 210 Hangar Road Kissimmee, FL 3474l

REQUISITION NO:	 196 AMOUNT DUE:	$879,015.95

FUND:

Acquisition/Construction

ITEM:

•

Invoice 128432 (Pay Application #12) for Project 2082 (Poitras East Master Infrst l D) Through 09/30/2022 - $657,402.12
Invoice 128433 (Pay Application #5) for Project 2107 (Pearson Ave PH2) Through 09/30/2022 - $221 613.83

The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2020 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2020 Project (herein after the "Project") and each represents a Cost of the Project, and has not previously been paid.

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

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

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

All invoice(s)are on file with the District from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

POITRAS EAST COMMt.Jll.c1TY	j)I	il
DEVELOPMENT DISTRICT	,
BY:		_
CHAIRMAN or VICE CHAIRMAN

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

date hereof.

The undersigned District Engineer hereby certifies that this disbursement is for a cost of the Project and is consistent with: (i) the applicable or construction contract; (ii) the plans and specifications for the portion of the Project with respect to which such disbursement is being made; and, (iii) the report of the istrict Engineer, as such report shall have been amended or modified as of the

Poitras East S2020 Req 198: Jr. Davis ConstnJction Co.	October 14, 2022	Page 1 of 1

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 10/31/2022

General Fund

Debt Service

	Fund	

Assets		

$176,558.95 50,031.70		
	$1,246,015.62
141.19	
$226,590.65	$1,246,156.81	
$226,590.65	$1,246,156.81	

Liabilities and Net Assets		

$12,963.64		
$12,963.64	$0.00	
$12,963.64	$0.00	

$244,492.09 (30,865.08)		
	$1,238,693.26
7,463.55	
$213,627.01

$226,590.65	$1,246,156.81

$1,246,156.81	

Capital Projects	Total Fund

Current Assets

$37.20
$37.20		$176,558.95 50,031.70
1,246,015.62
141.19
37.20
$1,472,784.66	
$37.20		$1,472,784.66	

$1,771,730.63 473,559.31
$2,245,289.94		

$12,963.64 1,771,730.63
473,559.31
$2,258,253.58	
$2,245,289.94		$2,258,253.58	

($2,330,845.02)
85,592.28

($2,245,252.74)		

$244,492.09 (30,865.08)
1,238,693.26
7,463.55

(2,330,845.02)
85,592.28

($785,468.92)	
			
$37.20		$1,472,784.66	

General Checking Account
Alleyway & Infrastructure Capital Res. Series 2020 Debt Service Reserve Series 2020 Interest
Series 2020 Acquisition/Construction Total Current Assets

Total Assets

Current Liabilities Accounts Payable Accounts Payable Retainage Payable
Total Current Liabilities

Total Liabilities

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

Net Assets, Unrestricted
Current Year Net Assets, Unrestricted

Net Assets, Unrestricted
Current Year Net Assets, Unrestricted

Total Net Assets

Total Liabilities and Net Assets

Poitras East CDD Statement of Activities As of 10/31/2022

General Fund	Debt Service Fund

Capital Projects Fund

Total

Revenues

Debt Proceeds			$7,447.98				$7,447.98	
Debt Proceeds					$85,651.78		85,651.78	
Total Revenues	$0.00		$7,447.98		$85,651.78		$93,099.76	

Expenses

D&O Insurance	$2,694.00						$2,694.00	
Management	2,916.67						2,916.67	
Assessment Administration	7,500.00						7,500.00	
Dues, Licenses, and Fees	175.00						175.00	
General Insurance	3,294.00						3,294.00	
Property & Casualty	10,903.00						10,903.00	
Landscaping Maintenance & Material	2,329.00						2,329.00	
Liftstation Maintenance	60.00						60.00	
Personnel Leasing Agreement	1,000.00						1,000.00	
Legal Advertising					$59.50		59.50	
Total Expenses	$30,871.67		$0.00		$59.50		$30,931.17	

Other Revenues (Expenses) & Gains (Losses)

Interest Income	$6.59						$6.59	
Interest Income			$15.57				15.57	
Total Other Revenues (Expenses) & Gains (Losses)	$6.59		$15.57		$0.00		$22.16	
Change In Net Assets	($30,865.08)		$7,463.55		$85,592.28		$62,190.75	

Net Assets At Beginning Of Year	
$244,492.09		
$1,238,693.26		
($2,330,845.02)		
($847,659.67)	

Net Assets At End Of Year	
$213,627.01		
$1,246,156.81		
($2,245,252.74)		
($785,468.92)	

Poitras East CDD	
Budget to Actual	
For the Month Ending 10/31/2022	
Year To Date	
		
Actual			
Budget			
Variance	FY 2023
Adopted Budget		Percentage Spent	

Revenues														
On-Roll Assessments	$	-		$	30,102.08		$	(30,102.08)		$	361,225.00		56.32%	
Carryforward Revenue		203,426.43			4,291.67			199,134.76			51,500.00		395.00%	
Net Revenues	$	203,426.43		$	34,393.75		$	169,032.68		$	412,725.00		49.29%	
General & Administrative Expenses														
Supervisor Fees	$	-		$	400.00		$	(400.00)		$	4,800.00		0.00%	
D&O Insurance		2,694.00			252.08			2,441.92			3,025.00		89.06%	
Trustee Services		-			500.00			(500.00)			6,000.00		0.00%	
Management		2,916.67			2,916.67			-			35,000.00		8.33%	
Engineering		-			1,000.00			(1,000.00)			12,000.00		0.00%	
Dissemination Agent		-			416.67			(416.67)			5,000.00		0.00%	
Property Appraiser		-			16.67			(16.67)			200.00			
District Counsel		-			2,500.00			(2,500.00)			30,000.00		0.00%	
Assessment Administration		7,500.00			625.00			6,875.00			7,500.00		100.00%	
Reamortization Schedules		-			20.83			(20.83)			250.00		0.00%	
Audit		-			500.00			(500.00)			6,000.00		0.00%	
Arbitrage Calculation		-			41.67			(41.67)			500.00		0.00%	
Travel and Per Diem		-			25.00			(25.00)			300.00		0.00%	
Telephone		-			4.17			(4.17)			50.00		0.00%	
Postage & Shipping		-			41.67			(41.67)			500.00		0.00%	
Copies		-			83.33			(83.33)			1,000.00		0.00%	
Legal Advertising		-			1,000.00			(1,000.00)			12,000.00		0.00%	
Bank Fees		-			15.00			(15.00)			180.00		0.00%	
Miscellaneous		-			542.93			(542.93)			6,515.00		0.00%	
Meeting Room		-			33.33			(33.33)			400.00		0.00%	
Office Supplies		-			20.83			(20.83)			250.00		0.00%	
Web Site Maintenance		-			235.00			(235.00)			2,820.00		0.00%	
Holiday Decorations		-			83.33			(83.33)			1,000.00		0.00%	
Dues, Licenses, and Fees		175.00			14.58			160.42			175.00		100.00%	
Total General & Administrative Expenses	$	13,285.67		$	11,288.76		$	1,996.91		$	135,465.00		9.81%	

Field Operations														
Electric Utility Services														
Electric	$	-		$	416.67		$	(416.67)		$	5,000.00		0.00%	
Water-Sewer Combination Services														
Water Reclaimed		-			2,500.00			(2,500.00)			30,000.00		0.00%	
Other Physical Environment														
General Insurance		3,294.00			308.33			2,985.67			3,700.00		89.03%	
Property & Casualty Insurance		10,903.00			733.33			10,169.67			8,800.00		123.90%	
Other Insurance		-			8.33			(8.33)			100.00		0.00%	
Irrigation Repairs		-			1,250.00			(1,250.00)			15,000.00		0.00%	
Landscaping Maintenance & Material		2,329.00			4,430.00			(2,101.00)			53,160.00		4.38%	
Tree Trimming		-			41.67			(41.67)			500.00		0.00%	
Flower & Plant Replacement		-			625.00			(625.00)			7,500.00		0.00%	
Contingency		-			2,333.33			(2,333.33)			28,000.00		0.00%	
Road & Street Facilities														
Entry and Wall Maintenance		-			250.00			(250.00)			3,000.00		0.00%	
Hardscape Maintenance		-			416.67			(416.67)			5,000.00		0.00%	
Alleyway Maintenance		-			833.33			(833.33)			10,000.00		0.00%	
Streetlights		-			2,083.33			(2,083.33)			25,000.00		0.00%	
Accent Lighting		-			41.67			(41.67)			500.00		0.00%	
Liftstation Maintenance		60.00			1,250.00			(1,190.00)			15,000.00		0.40%	
Parks & Recreation														
Personnel Leasing Agreement		1,000.00			1,000.00			-			12,000.00		8.33%	
Reserves														
Infrastructure Capital Reserve		-			3,333.33			(3,333.33)			40,000.00		0.00%	
Alleyway Reserve		-			1,250.00			(1,250.00)			15,000.00		0.00%	
Total Field Operations Expenses	$	17,586.00		$	23,104.99		$	(5,518.99)	$ 277,260.00		6.34%	

Total Expenses	
$	
30,871.67		
$	
34,393.75		
$	
(3,522.08)		
$	
412,725.00		
7.48%	

Other Revenues (Expenses) & Gains (Losses)														
Interest Income	$	6.59		$	-		$	6.59		$	-			
Total Other Revenues (Expenses) & Gains	$	6.59		$	-		$	6.59		$	-			
(Losses)														
Net Income (Loss)	$	172,561.35		$	-		$	172,561.35		$	-			

Poitras East CDD Cash Flow

FY22 Inflows	FY22 Outflows	FY23 Inflows		FY23 Outflows	End. Cash	

‐	
(175.00)		
‐	
‐	
6,667.23		
234,738.59	(22,019.87)		‐	‐	217,527.95		
25,997.11	(17,413.74)		‐	‐	226,111.32		
31,563.90	(3,946.31)		‐	‐	253,728.91		
1,819.39	(7,722.54)		‐	‐	247,825.76		
76,935.85	(15,641.93)		‐	‐	309,119.68		
14,219.44	(36,002.99)		‐	‐	287,336.13		
21,687.04	(10,146.33)		‐	‐	298,876.84		
1,051.12	(15,971.96)		‐	‐	283,956.00		
3.35	(10,822.80)		‐	(60.00)	273,076.55		
3.62	(20,571.60)		‐	‐	252,508.57		
20.60	(37,748.09)		‐	(16,891.00)	197,890.08		
‐	(10,742.01)		2.55	(10,591.67)	176,558.95		
‐	(672.64)		‐	(9,583.63)	166,302.68	as of 11/09/2022	

Beg. Cash

10/1/2021
11/1/2021
12/1/2021
1/1/2022
2/1/2022
3/1/2022
4/1/2022
5/1/2022
6/1/2022
7/1/2022
8/1/2022
9/1/2022
10/1/2022
11/1/2022

15,902.20
6,667.23
217,527.95
226,111.32
253,728.91
247,825.76
309,119.68
287,336.13
298,876.84
283,956.00
273,076.55
252,508.57
197,890.08
176,558.95

408,040.01	(210,532.81)	2.55	(37,126.30)