Gardens at Hammock Beach Community Development District Agenda May 19,2023 " AGEI\lDA Gardens at Hammock Beach Community Development District 219 East Livingston Street, Orlando, Florida 32801 Phone: 407-841-5524 -Fax: 407-839-1526 May 12,2023 Board of Supervisors Gardens at Hammock Beach Community Development District Dear Board Members: The meeting of the Board of Supervisors of Gardens at Hammock Beach Community Development District will be held Friday, May 19, 2023 at 12:30 PM at the Hilton Garden Inn Palm CoastfI'own Center, 55 Town Center Blvd., Palm Coast, Florida. Following is the advance agenda for the meeting: 1. Roll Call 2. Public Comment Period 3. Organizational Matters A. Administration of Oaths of Office to Newly Elected Board Members B. Consideration of Resolution 2023-01 Canvassing and Certifying the Results of the Landowners' Election C. Election of Officers D. Consideration of Resolution 2023-02 Electing Officers 4. Approval of Minutes of the September 16, 2022 Board of Supervisors Meeting and Acceptance of Minutes of the November 18, 2022 Landowners' Meeting 5. Consideration of Construction Funding Agreement 6. Consideration of Form of Assignment of Contractor Agreement for Master Infrastructure Project 7. Consideration of Resolution 2023-03 Direct Purchase Authorization 8. Review and Acceptance of Draft Fiscal Year 2022 Audit Report 9. Consideration of Resolution 2023-04 Approving the Proposed Fiscal Year 2024 Budget and Setting a Public Hearing 10. Staff Reports A. Attorney B. Engineer and Maintenance Report C. District Manager's Report i. Balance Sheet and Income Statement ii. Ratification of Funding Requests #11 -#18 iii. Presentation of Number of Registered Voters -0 11. Other Business 12. Supervisor's Requests 13. Adjournment The balance of the agenda will be discussed at the meeting. In the meantime, if you should have any questions, please do not hesitate to contact me. Sincerely, r-~ ~L__ George S. Flint District Manager Enclosures SE.CTIO · III SECTIO B RESOLUTION 2023-01 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS' ELECTION OF THE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing three (3) supervisors for the District; and WHEREAS, following proper notice of once a week for 2 consecutive weeks in a newspaper of general circulation in the area of the District, the last day of such publication to be not fewer than 14 days or more than 28 days before the date of the election, such landowners meeting was held on November 18, 2022, at which the belowrecited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the Board of Supervisors 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 GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as follows: Supervisor # of Votes Clint Smith 819 4 Year Term Denise Bunch 817 4 Year Term David Root 815 2 Year Term 2. The terms of office shall commence immediately upon the adoption of this Resolution: Adopted this 19th day of May, 2023. Secretary/Assistant Secretary ChairmanNice Chairman SECTION D RESOLUTION 2023-02 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Gardens at Hammock Beach Community Development District (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 ("Board") desires to elect the Officers of the District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT: Section 1. _______ _ _ _ is elected Chairperson. Section 2. _ ____ _ _ _ _ _ is elected Vice-Chairperson. Section 3. _ _ _ _ _ _ _ _ _ _ is elected Secretary. Section 4. ______ _ _ _ _ is elected Assistant Secretary. __________ is elected Assistant Secretary. __________ is elected Assistant Secretary. __________ is elected Assistant Secretary. Section 5. is elected Treasurer. ---------Section 6. --------- is elected Assistant Treasurer. Section 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 19th day of May, 2023. ATTEST: GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT Secretary/Assistant Secretary Chairperson/Vice-Chairperson M INUTES MINUTES OF MEETING GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Gardens at Hammock Beach Community Development District was held on Friday, September 16, 2022 at 12:30 p.m. at the Hilton Garden Inn Palm Coast, 55 Town Center Boulevard, Palm Coast, Florida. Present and constituting a quorum were: Clint Smith Chairman David Lusby (via phone) Vice Chairman William Livingston (via phone) Assistant Secretary David Root Assistant Secretary Denise Bunch Assistant Secretary Also present was: George Flint District Manager Michael Chiumento, III District Counsel Ken Belshe Palm Coast Intracoastal, LLC Sara Zare Underwriter Ken Artin Bond Counsel The following is a summary of the discussions and actions taken at the September 16, 2022 Gardens at Hammock Beach Community Development District's Meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Flint called the meeting to order at 12:43 p.m. A quorum was present. SECOND ORDER OF BUSINESS Public Comment Period There being none, the next item followed. THIRD ORDER OF BUSINESS Approval of Minutes of the August 19, 2021 Board of Supervisors Meeting On MOTION by Mr. Livingston seconded by Mr. Smith with all in favor the Minutes of the August 19, 2021 Board of Supervisors Meeting were approved as presented. FOURTH ORDER OF BUSINESS Organizational Matters September 16, 2022 Gardens at Hammock Beach CDD A. Administration of Oath of Office to Appointed Supervisor of Seat 5 Mr. Flint, a Notary Public of the State of Florida and duly authorized, administered the Oath of Office to Ms. Bunch prior to the meeting. B. Consideration of Resolution 2022-04 Electing Officers Mr. Flint requested that Mr. Root and Ms. Bunch be designated Assistant Secretaries. On MOTION by Mr. Smith seconded by Mr. Livingston with all in favor adding Mr. Root and Ms. Bunch as Assistant Secretaries as evidenced by Resolution 2022-04 was adopted. FIFTH ORDER OF BUSINESS Continued Public Hearing A. Public Hearing on Levying Special Assessments Mr. Flint recalled that the public hearing was continued at the last meeting to this meeting. On MOTION by Mr. Root seconded by Mr. Smith with all in favor the Public Hearing on levying special assessments was re-opened. Mr. Flint noted no members of the public were present. i. Presentation of Engineer's Report Mr. Flint presented the Engineer's Report prepared by Parker Mynchenberg & Associates, which was included in the agenda package. It was the same form that the Board previously reviewed with no changes. On MOTION by Mr. Lusby seconded by Mr. Livingston with all in favor the Engineer's Report was approved. ii. Presentation of Assessment Methodology Mr. Flint presented the Master Assessment Methodology Report prepared by GMS, which was included in the agenda package. It was the same form that the Board previously reviewed with no changes. It takes the improvements identified by the District Engineer and allocates the benefit ofthose improvements to the 335 units in Assessment Area 1. On MOTION by Mr. Livingston seconded by Mr. Smith with all in favor the Master Assessment Methodology Report was approved. 2 September 16,2022 Gardens at Hammock Beach CDD iii. Public Comment and Testimony Mr. Flint noted no members of the public were present. iv. Consideration of 2022-05 Levying Special Assessments on Assessment Area 1 Mr. Flint presented Resolution 2022-05, which was included in the agenda package, levying special assessments in Assessment Area 1. Attached to the resolution was the Engineer's Report and Master Assessment Methodology Report. It sets the ceiling on the amount of assessments to be levied. On MOTION by Mr. Smith seconded by Mr. Livingston with all in favor Resolution 2022-05 Authorizing District Projects for Construction and/or Acquisition of Infrastructure Improvements; Equalizing, Approving, Confirming and Levying Special Assessments on Property Specially Benefitted by Such Projects to Pay the Cost Thereof; Providing for the Payment and the Collection of Such Special Assessments by the Methods Provided for by Chapters 170, 190 and 197, Florida Statutes; Confirming the District's Intention to Issue Special Assessment Bonds; Making Provisions for Transfers of Real Property to Governmental Bodies; Providing for the Recording of an Assessment Notice; Providing for Severability, Conflicts and an Effective Date was adopted. On MOTION by Mr. Smith seconded by Mr. Root with all in favor the Public Hearing on levying special assessments was closed. SIXTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Chiumento reported that the District would be under construction shortly. In November, a signed contract would be provided to the CDD with the anticipated plan. Mr. Smith questioned when they would go to market for debt. Mr. Chiumento stated as soon as possible. Mr. Flint pointed out that a Delegation Resolution would be provided to the Board next month if MBS and Mr. Artin were ready. Mr. Chiumento would prepare the preliminary offering document. Mr. Artin stated that they were going through some urgent matters for three to four weeks, but hoped to get that out soon. Mr. Smith asked if there were meetings this Fall or if there were only meetings through September. Mr. Flint believed that the Board was meeting an as needed meeting basis, but they could publish a seven-day notice when they were ready before October 21st and would wait to hear from Mr. Smith and MBS. 3 September 16,2022 Gardens at Hammock Beach CDD B. Engineer and Maintenance Report There being none, the next item followed. C. District Manager's Report i, Balance Sheet and Income Statement Mr. Flint presented the Balance Sheet and Income Statement, which were unaudited through July 31, 2022. There was $2,230 in the operating account. No action was required by the Board. ii. Ratification of Funding Request #9 iii. Ratification of Funding Request #10 Mr. Flint presented Funding Requests #9 and #10, which was transmitted to the developer under the Developer Funding Agreement. On MOTION by Mr. Livingston seconded by Mr. Smith with all in favor Funding Requests #9 and #10 were ratified. iv. Approval of Fiscal Year 2023 Meeting Schedule Mr. Flint reported that the Board met on an as needed basis, but the Board could change to monthly meetings and suggested the third Friday at 12:30 p.m. in this location. Mr. Belshe wanted to continue meeting on an as needed basis. On MOTION by Mr. Smith seconded by Mr. Root with all in favor the Fiscal Year 2023 meeting schedule to meet on an as needed basis was approved. SEVENTH ORDER OF BUSINESS Other Business Mr. Artin requested that the Board approve a conflict waiver, waiving any potential conflict of interest as Mr. Artin's firm also represented MBS Capital on other bond issues. On MOTION by Mr. Livingston seconded by Mr. Lusby with all in favor the conflict waiver, waiving any potential conflict of interest as Mr. Artin's firm also represented MBS Capital on other bond issues was approved. Mr. Actin would provide a Retainer Agreement to the Board at the next meeting. Mr. Belshe anticipated spreading the assessments across these lots evenly and asked if the Equivalent Residential Units (ERUs) prevented that. Mr. Flint explained that the Supplemental Assessment 4 September 16,2022 Gardens at Hammock Beach CDD Methodology Report would recognize that the developer contribution would offset the smaller units so everyone would pay the same amount. Mr. Belsche asked about the operation and maintenance (O&M) assessments. Mr. Flint noted that many times the O&M mirrored the debt methodology, but it was not always the case and they could have a separate O&M methodology. Mr. Belsche asked if they should do the Master Assessment Methodology Report differently to achieve what he wanted to accomplish. Mr. Flint did not recommend it. Mr. Chiumento clarified that the contribution related to a particular series of bonds and should be part of the Supplemental Assessment Methodology Report. EIGHTH ORDER OF BUSINESS Supervisor's Request Mr. Root announced that he was attending the October meeting via phone. Mr. Flint stated that three Board Members must be present in person. Mr. Livingston and Mr. Lusby confirmed that were going to be present, in person at the October meeting. NINTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Smith seconded by Mr. Root with all in favor the meeting was adjourned. Secretary/Assistant Secretary Chairman/Vice Chairman 5 MINUTES OF MEETING GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT A Landowners' Meeting of the Board of Supervisors of the Gardens at Hammock Beach Community Development District was held on Friday, November 18, 2022 at 12:30 p.m. at the Hilton Garden Inn Palm Coast, 55 Town Center Boulevard, Palm Coast, Florida. Present were: Kenneth Belshe Proxy Holder George Flint District Manager Thefollowing is a summary ofthe actions taken at the November 18,2022 Landowners' meetings meeting. FIRST ORDER OF BUSINESS Determination of Number of Voting Units Represented Mr. Flint stated I have been provided two landowner proxies. The first one is from Palm Coast Intracoastal, LLC naming Kenneth Belshe as proxy holder and representing 336 votes, and the other is from Veranda Bay Investments, LLC naming Kenneth Belshe as proxy holder and representing 581 votes. Total voting units represented is 917. SECOND ORDER OF BUSINESS Call to Order Mr. Flint called the landowners' meeting to order at 12:38 PM THIRD ORDER OF BUSINESS Election of a Chairman for the Purpose of Conducting the Landowners Meeting Mr. Flint volunteered to serve as Chairman for the purposes of conducting the Landowners' Meeting. Mr. Belshe had no objection. FOURTH ORDER OF BUSINESS Nominations for the Position of Supervisor Mr. Flint opened the floor to nominations, noting that Mr. Belshe has provided a ballot for Palm Coast Intracoastal nominating Clint Smith, Denise Bunch and David Root and another ballot for Veranda Bay Investments nominating Clint Smith, David Root, and Denise Bunch. Mr. Flint closed the floor to nominations as there were no further nominations. November 18,2022 Gardens at Hammock Beach COO FIFTH ORDER OF BUSINESS Casting of Ballots Mr. Flint announced that Mr. Smith received 819 votes, Ms. Bunch received 817 votes, and Mr. Root received 815 votes. SIXTH ORDER OF BUSINESS Ballot Tabulation Mr. Flint stated Mr. Smith and Ms. Bunch will serve four-year terms and Mr. Root will serve a two-year term. SEVENTH ORDER OF BUSINESS Landowner's Questions and Comments There being none, the next item followed. EIGHTH ORDER OF BUSINESS Adjournment The meeting was adjourned at 12:41 P.M. 2 SECTIO V CONSTRUCTION FUNDING AGREEMENT BETWEEN THE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT AND PALM COAST INTRACOSTAL, LLC THIS AGREEMENT is made and entered into this _ day of , 2023, by and between: GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Flagler, Florida, whose address is 219 East Livingston Street, Orlando, Florida 32801 (the "District"), and PALM COAST INTRACOASTAL, LLC, the primary landowner and developer in the District, whose mailing address is PO Box 353460, Palm Coast, Florida 321353460 (the "Developer"; and together with the District, the "Parties"). RECITALS WHEREAS, the District was established by an ordinance adopted by the Board of County Commissioners of Flagler County, Florida, for the purposes of planning, financing, constructing, acquiring, operating andlor maintaining certain infrastructure; and WHEREAS, the Developer is the owner and/or developer of certain parcels of land in Flagler County, located within the boundaries of the District; and WHEREAS, the District will not have sufficient funds available to provide for the construction of anticipated improvements and facilities as more fully described in the agreement between the District and Palm Coast Intracoastal, LLC dated , 2022, as may be amended from time to time (the "Project") regarding the construction of infrastructure improvements referred to in the District Engineer's Report, dated July 12, 2022; and WHEREAS, in order to proceed with construction, the Developer has agreed to provide funding in order to allow the District to continue with the Project, on the terms set forth herein. Now, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows: 1. Incorporation of Recitals. The recitals stated above are true and correct and by this reference are incorporated herein as a material part of this Agreement. 2. Funding. Developer agrees to make available to the District such monies as are necessary to enable the District to proceed with, and expedite, the design, engineering, and construction of the Project. Developer will make such funds available on a monthly basis, within fifteen (15) days of a written request by the District. The funds shall be placed in the District's depository as determined by the District. Page 1 of4 3. Default. A default by any party to this Agreement shall entitle the others 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. 4. Enforcement of Agreement. In the event that either party 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. 5. Agreement. This instrument shall constitute the final and complete expression of this Agreement between the parties relating to the subject matter of this Agreement. 6. Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties hereto. 7. Authorization. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all of the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument. 8. Notices. All notices, requests, consents; and other communications hereunder ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows: A. If to the District: Gardens at Hammock Beach Community Development District 219 East Livingston Street Orlando, Florida 32801 Attn: District Manager With a copy to: Chiumento Law 145 City Place Suite 301 Palm Coast, Florida 32164 Attn: District Counsel B. If to the Landowner: Palm Coast Intracoastal, LLC PO Box 353460 Palm Coast, Florida 32135-3460 Attn: Mr. Ken Belshe Except as otherwise provided herein, any Notice shall be deemed received only upon actual delivery at the address set forth herein. 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 Page 2 of4 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 parties may deliver Notice on behalf ofthe parties. 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. 9. Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors, and assigns. 10. Assignment. Neither party may assign this Agreement or any monies to become due hereunder without the prior written approval ofthe other party. 11. Controlling Law. This Agreement and the provisions contained herein shall be construed, interpreted, and controlled according to the laws of the State of Florida. 12. Effective Date. The Agreement shall be effective after execution by all parties hereto and shall remain in effect unless terminated by any ofthe parties hereto. 13. Public Records. Developer understands and agrees that all documents of any kind provided to the District or to District Staff in connection with this Agreement are public records and are treated as such in accordance with Florida law. [Signatures on following page] Page 3 of4 IN WITNESS WHEREOF, the parties execute this Agreement to be effective the day and year first written above. Attest: GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT Secretary/Assistant Secretary Chairman/Vice Chairman, Board of Supervisors Witness: PALM COAST INTRANATIONAL, LLC, By: _ Name: Title : _ Page 4 of4 SECTIO VI ASSIGNMENT OF CONTRACTOR AGREEMENT GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT MASTER INFRASTRUCTURE PROJECT Assignor: _____ _ _ _ _ ("Assignor") Owner/Assignee: Gardens at Hammock Beach Community Development District ("Assignee" or "District") Contractor: _________ ("Contractor") Contract: Gardens at Hammock Beach Contractor Agreement for Master Infrastructure Improvements of" " ("Contractor Agreement" or "Project") For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor, does hereby transfer, assign and convey unto Assignee, all of the rights, interests, benefits and privileges of Assignor under the Contractor Agreement, by and between Assignor and Contractor, for the above-referenced Project. Further, Assignee does hereby assume all obligations of Assignor under the Contract arising or accruing after the date hereof. Contractor hereby consents to the assignment of the Contract and all of Contractor's rights, interests, benefits, privileges, and obligations to Assignee. Executed in multiple counterparts to be effective the __ day of , 2023. GARDENSATHA~10CKBEACH COMMUNITY DEVELOPMENT DISTRICT By: _By: _ Printed Name: Name: Title: Title: Chairperson By: _ Printed Name: Title: EXIllBITS: • Developer's Affidavit and Agreement Regarding Assignment of Contractor Agreement • Contractor's Acknowledgment and Acceptance of Assignment and Release • Addendum to Contractor Agreement with Exhibits: o Scrutinized Companies Statement o Public Entity Crimes Statement o Trench Safety Compliance Act Statement o Discrimination Statement DEVELOPER'S AFFIDAVIT AND AGREEMENT REGARDING ASSIGNMENT OF CONTRACTOR AGREEMENT GARDENS AT HAMMOCK BEACH ("PHASE ") MASTER INFRASTRUCTURE PROJECT STATE OF FLORIDA COUNTY OF _ BEFORE ME, the undersigned personally appeared of _____ _ _ _ _ ("Developer"), who, after being first duly sworn, deposes and says: (i) I, , serve as Manager for Developer and am authorized to make this affidavit on its behalf. I make this affidavit in order to induce the Gardens at Hammock Beach Community Development District ("District") to accept an assignment of the Contractor Agreement (defined below). (ii) The agreement ("Contractor Agreement") between Developer and ("Contractor"), dated , and attached hereto as Exhibit A, _~_ was competitively bid prior to its execution or __ is below the applicable bid thresholds and was not required to be competitively prior to its execution. (iii) Developer, in consideration for the District's acceptance of an assignment of the Contractor Agreement agrees to indemnify, defend, and hold harmless the District and its successors, assigns, agents, employees, staff, contractors, officers, supervisors, and representatives (together, "Indemnitees"), from any and all liability, loss or damage, whether monetary or otherwise, including reasonable attorneys' fees and costs and all fees and costs of mediation or alternative dispute resolution, as a result of any claims, liabilities, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, or judgments, against Indemnitees and which relate in any way to the assignment of, or bid process for, the Contractor Agreement. (iv) Developer has obtained a release from Contractor (and all subcontractors and material suppliers thereto) acknowledging the assignment of the above referenced contract and the validity thereof, the satisfaction of the bonding requirements of Section 255.05, Florida Statutes (if applicable), and waiving any and all claims against the District arising as a result of or connected with this assignment. Such releases are attached as Exhibit B. (v) The Contractor has __ furnished or will furnish a performance and payment bond in accordance with Section 255.05, Florida Statutes, which is attached hereto as Exhibit C, or __ was not required to provide such a bond pursuant to Section 255.05, Florida Statutes. (vi) Developer __ represents and warrants that there are no outstanding liens or claims relating to the Contractor Agreement, or __ has posted a transfer bond in accordance with Section 713.24, Florida Statutes, which is attached hereto as Exhibit D. (vii) Developer represents and warrants that there are no payments to Contractor and any subcontractors or materialmen under the Contractor Agreement are outstanding and no disputes under the Contractor Agreement exist. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best ofmy knowledge and belief. Executed this _ day of -', 20_ a Florida limited liability company By: ----::-:-:------------- Printed Name: Title: [Print Name] STATE OF FLORIDA COUNTY OF _ The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization this _ day of , 20_ by , as ________ of , on behalf ofthe company. (Official Notary Signature) Name: Personally Known [notary seal] OR Produced Identification Type ofIdentification CONTRACTOR'S ACKNOWLEDGMENT AND ACCEPTANCE OF ASSIGNMENT AND RELEASE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT ("PHASE ") MASTER INFRASTRUCTURE PROJECT For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ("Contractor"), hereby agrees as follows: (i) The agreement ("Contractor Agreement") between . and Contractor dated , 20_, has been assigned to the Gardens at Hammock Beach Community Development District ("District"). Contractor acknowledges and accepts such assignment and its validity. (ii) Contractor represents and warrants that either: a. __ Contractor has or will furnish and record a performance and payment bond in accordance with Section 255.05, Florida Statutes, and has notified any subcontractors, material suppliers or others claiming interest in the work of the existence of the bond; or b. __ Contractor has not been required to furnish or provide a performance and payment bond under Section 255.05, Florida Statutes, and has notified any subcontractors, materialmen or others claiming interest in the work that (a) no such bond exists; (b) the District, as a local unit of special purpose government, is not an "Owner" as defined in Section 713.01(23), Florida Statutes; and (c) there are no lien rights available to any person providing materials or services for improvements in connection with the Improvement Agreement. (iii) Contractor represents and warrants that all payments to any subcontractors or materialmen under the Contractor Agreement are current, there are no past-due invoices for payment due to the Contractor under the Contractor Agreement, and there are no outstanding disputes under the Contractor Agreement. (iv) Contractor hereby releases and waives any claim it may have against the District as a result of or in connection with such assignment. [CONTINUED ON NEXT PAGE] Executed this _ day of , 20__ By: Its: _ STATE OF FLORIDA COUNTY OF _ The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization this day of , 20_ by , as _______ _ _ of , on behalf of the company. (Official Notary Signature) Name: Personally Known [notary seal] OR Produced Identification Type ofIdentification ADDENDUM ("ADDENDUM") TO CONTRACT ("CONTRACT") GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT ("PHASE ") MASTER INFRASTRUCTURE PROJECT 1. ASSIGNMENT. This Addendum applies to that certain Agreement between Owner and Contractor for Construction Contract (Stipulated Price) dated , 20__ ("Contract") between the Gardens at Hammock Beach Community Development District ("District") and _____ _ _ _ _ ("Contractor"), which Contract was assigned to the District simultaneous with the execution of this Addendum. To the extent the terms of the Contract conflict with this Addendum, the terms of this Addendum shall control. 2. PAYMENT AND PERFORMANCE BONDS; No LIEN RIGHTS. Before commencing the work, and consistent with the requirements of Section 255.05, Florida Statutes, the Contractor shall execute, deliver to the District, and record in the public records of Flagler County, Florida, a payment and performance bond with a surety insurer authorized to do business in this state as surety or, to the extent permitted by the District in its sole discretion, provide an alternative form of security as authorized under Section 255.05, Florida Statutes. The cost of such bond shall be added to Contractor's proposal and shall be invoiced to the District. Such bond and/or security shall be for 100% ofthe project cost and shall be in effect for a full year from the time of completion of the project. Contractor agrees that the District is a local unit of special-purpose government and not an "Owner" as defined in Section 713.01(23), Florida Statutes. Therefore, notwithstanding anything in the Contract to the contrary, there are no lien rights available to any person providing materials or services for improvements in connection with the project. Contractor shall notify any subcontractors, material suppliers or others claiming interest in the work of the existence of the payment and performance bond. 3. INSURANCE. In addition to the existing additional insureds under the Contract, the District, its officers, supervisors, agents, attorneys, engineers, managers, and representatives also shall be named as additional insureds under the insurance provided pursuant to the Contract. Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable unless it provides that any change or termination within the policy periods of the insurance coverage, 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. If 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, 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. 4. LOCAL GOVERNMENT PROMPT PAYMENT ACT. Notwithstanding any other provision of the Contract, all payments to the Contractor shall be made in a manner consistent with the Local Government Prompt Payment Act, Sections 218.70 through 218.80, Florida Statutes. Contractor shall make payments due to subcontractors and materialmen and laborers within ten (10) days in accordance with the prompt payment provisions contained in Section 218.735(6), 218.735(7), and 218.74, Florida Statutes. All payments due and not made within the time prescribed by Section 218.735, Florida Statutes, bear interest at the rate of one percent (1%) per month on the unpaid balance in accordance with Section 218.735(9), Florida Statutes. 5. RETAINAGE. The following provision addresses the holding of retainage under the Contract: Prior to 50 percent completion of the construction services purchased pursuant to the Contract, the Owner may withhold from each progress payment made to the Contractor an amount not exceeding 5 percent of the payment. After 50 percent completion of the construction services, the Contractor may present a payment request for up to one half of the retainage held, less such amounts as may be withheld pursuant to this Contract or applicable law. After 50 percent completion of the construction services, and until final completion and acceptance of the Work by Owner, the Owner shall reduce to 2.5 percent the amount of retainage withheld from each subsequent progress payment made to the Contractor. Five percent of the contract price will be retained until final completion, acceptance ofthe Work, and final payment to the Contractor. 6. INDEMNIFICATION. Contractor's indemnification, defense, and hold harmless obligations under the Contract shall continue to apply to the original indemnitees and shall further include the District and its supervisors, consultants, agents, attorneys, managers, engineers and representatives. To the extent that a maximum limit for indemnification is required by law, and not otherwise set forth in the Contract, the indemnification limit shall be the greater of the limits of the insurance amounts set forth in the Contract or Three Million Dollars ($3,000,000), which amounts Contractor agrees are reasonable and enforceable, and were included as part of the bid and/or assignment documents. The Contractor's obligations hereunder are intended to be consistent with all provisions of applicable law, and to the extent found inconsistent by a court of competent jurisdiction, the Contract shall be deemed amended and/or reformed consistent with the intent of this paragraph and such that the obligations apply to the maximum limits ofthe law. 7. TAX EXEMPT DIRECT PURCHASES. The parties agree that the District may in its sole discretion elect to undertake a direct purchase of any or all materials incorporated into the work performed according to the Contract. In such event, the following conditions shall apply: a. The District represents to Contractor that the District is a governmental entity exempt from Florida sales and use tax, and has provided Contractor with a copy of its Consumer Exemption Certificate. b. The District may elect to implement a direct purchase arrangement whereby the District will directly acquire certain materials ("Direct Purchase Materials") necessary for the workdirectlyfromthesupplierstotakeadvantage ofDistrict's tax-exemptstatus. c. Prior to purchasing any materials, the Contractor shall contact the District to determine which materials will be treated as Direct Purchase Materials. d. The District shall issue a Certificate of Entitlement to each supplier of Direct Purchase Materials, and to the Contractor. Each Certificate of Entitlement will be in the format specified by Rule 12A-1.094(4)(c), Florida Administrative Code. Each Certificate of Entitlement shall have attached thereto the corresponding purchase order. Each Certificate of Entitlement shall affirm that (1) the attached purchase order is being issued directly to the vendor supplying the tangible personal property the Contractor will use in the identified public works; (2) the vendor's invoice will be issued directly to the District; (3) payment of the vendor's invoice will be made directly by the District to the vendor from public funds; (4) the District will take title to the tangible personal property from the vendor at the time of purchase or of delivery by the vendor; and (5) the District assumes the risk of damage or loss at the time of purchase or delivery by the vendor. Each Certificate of Entitlement shall acknowledge that if the Department of Revenue determines the purchase is not a tax exempt purchase by a governmental entity, then the District will be responsible for any tax, penalties and interest determined to be due. e. The District shall issue purchase orders directly to suppliers of Direct Purchase Materials. The District shall issue a separate Certificate of Entitlement for each purchase order. Such purchase orders shall require that the supplier provide the required shipping and handling insurance and provide for delivery F.O.B. jobsite. Corresponding change orders shall be executed at the time of the direct purchase to reflect the direct purchases made by the District and if the original contract contemplated sale of materials and installation by same person, the change order shall reflect sale of materials and installation by different legal entities. f. Upon delivery of the Direct Purchase Materials to the jobsite, the District shall inspect the materials and invoices to determine that they conform to the purchase order. If the materials conform, the District shall accept and take title to the Direct Purchase Materials. g. Suppliers shall issue invoices directly to the District. The District shall process invoices and issue payment directly to the suppliers from public funds. h. Upon acceptance of Direct Purchase Materials, the District shall assume risk of loss of same until they are incorporated into the project. Contractor shall be responsible for safeguarding all Direct Purchase Materials and for obtaining and managing all warranties and guarantees for all material and products. 1. The District shall, at its option, maintain builder's risk insurance on the Direct Purchase Materials. 8. PUBLIC RECORDS. The Contractor agrees and understands that Chapter 119, Florida Statutes, may be applicable to documents prepared in connection with the services provided hereunder and agrees to cooperate with public record requests made thereunder. In connection with this Contract, Contractor agrees to comply with all provisions of Florida's public records laws, including but not limited to Section 119.0701, Florida Statutes, the terms of which are incorporated herein. Amongother requirements, Contractor must: a. Keep and maintain public records required by the District to perform the service. b. Upon request from the District's custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the District. d. Upon completion of this Agreement, transfer, at no cost, to the District all public records in possession of the Contractor or keep and maintain public records required by the District to perform the service. If the Contractor transfers all public records to the District upon completion of this Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District's custodian of public records, in a format that is compatible with the information technology systems ofthe District. 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 AGREEMENT, CONTACT THE PUBLIC RECORDS CUSTODIAN AT C/O GEORGE FLINT, GOVERNMENTAL MANAGEMENT SERVICES CENTRAL FLORIDA, LLC, 219 E. LIVINGSTON ST. ORLANDO, FLORIDA 32801, PHONE (407) 841-5524, AND GFLINT@GMSCFL.COM 9. SOVEREIGN IMMUNITY. Nothing in the Contract shall be deemed as a waiver of the District's sovereign immunity or the District's limits of liability as set forth in Section 768.28, Florida Statutes or other statute, and nothing in the Contract shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law. 10. NOTICES. Notices provided to the District pursuant to the Contract shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the following individuals: District: Gardens at Hammock Beach Community Development District Governmental Management Services Central Florida, LLC 219 E. Livingston St. Orlando, Florida 32801 Attn: District Manager With a copy to: Chiumento Law 145 City Place, Suite 301 Palm Coast, Florida 32164 Attn: District Counsel 11. SCRUTINIZED COMPANIES STATEMENT. Upon the Assignment, Contractor shall properly execute a sworn statement pursuant to Section 287.135(5), Florida Statutes, and by signing this Addendum represents that Contractor is able to execute such sworn statement. The statement shall be substantially in the form of the attached Exhibit A. If the Contractor is found to have submitted a false certification as provided in Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in the boycott of Israel, or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, the District may immediately terminate the Contract. 12. PUBLIC ENTITY CRIMES STATEMENT. Upon the Assignment, Contractor shall properly execute a sworn statement under Section 287.l33(3)(a), Florida Statutes, regarding public entity crimes, and by signing this Addendum represents that Contractor is able to execute such sworn statement. The statement shall be substantially in the form ofthe attached Exhibit B. 13. TRENCH SAFETY ACT STATEMENTS. Upon the Assignment, Contractor shall properly execute a Trench Safety Act Compliance Statement and a Trench Safety Act Compliance Cost Statement, and by signing this Addendum represents that Contractor is able to execute such sworn statement. The statements shall be substantially in the form ofthe attached Exhibit C. 14. DISCRIMINATION STATEMENT. Upon the Assignment, Contractor shall properly execute a sworn statement under Section 287.134(2)(a), Florida Statutes, regarding public entity crimes, and by signing this Addendum represents that Contractor is able to execute such sworn statement. The statement shall be substantially in the form of the attached Exhibit D. 15. CONSTRUCTION DEFECTS. PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE NOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 16. E-VERIFYREQUIREMENTS. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, beginning January 1, 2021, 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 ofthe 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 s. 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 ofthis Agreement. {REMAINDER OF PAGE INTENTIALLY LEFT BLANK} IN WITNESS WHEREOF, the parties hereto hereby acknowledge and agree to this Addendum. By: _ Its: Witness Print Name ofWitness GARDENSATHA~OCKBEACH COMMUNITY DEVELOPMENT DISTRICT Witness By: Its: Print Name of Witness Exhibit A: Scrutinized Companies Statement Exhibit B: Public Entity Crimes Statement Exhibit C: Trench Safety Act Statement Exhibit D: Discrimination Statement EXHIBIT A SWORN STATEMENT PURSUANT TO SECTION 287.135(5), FLORIDA STATUTES, REGARDING SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN LIST OR SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE IRAN PETROLEUM ENERGY SECTOR LIST THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. Gardens at Hammock Beach Community Development District This sworn statement is submitted to =::'=~~======:"'==="'-'.l...c=;=-===~=== by (print individual's name). I am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of (print individual's title) for QGS Development Inc. ("Contractor"), and am authorized to make this Sworn Statement on behalf of Contractor. Contractor's business address is: _ 2. I understand that, subject to limited exemptions, Section 287.135, Florida Statutes, declares a company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or that has business operations in Cuba or Syria is ineligible for, land may not bid on, submit a proposal for, or enter into or renew a contract with a local governmental entity for goods or services of $1 million or more. 3. Based on information and belief, at the time the entity submitting this sworn statement submits its proposal to the Gardens at Hammock Beach Community Development District, neither the entity, nor any of its officers, directors, executives, partners, shareholders, members, or agents, is listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. 4. The entity will immediately notify the Gardens at Hammock Beach Community Development District in writing if either the entity, or any of its officers, directors, executives, partners, shareholders, members, or agents, is placed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Signature by authorized representative of Proposer STATE OF FLORIDA COUNTYOF __ Sworn to (or affirmed) and subscribed before me this day of , 20-, by __ _ _______ _ _ _ _ _, as of , who is personally known to me or who has produced as identification and who did (did not) take an oath. [notary seal] Signature of Notary Public taking acknowledgment My Commission Expires: _ EXHIBITB SWORN STATEMENT ON PUBLIC ENTITY CRIMES PURSUANT TO SECTION 287.133 (2)(3). FLORIDA STATUTES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the Gardens at Hammock Beach Community Development District. 2. I, (print individual's name) am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of_ ---,--_ (print individual's title) for ("Contractor"), and am authorized to make this Sworn Statement on behalf ofContractor. 3. Contractor's business address is _ 4. Contractor's Federal Employer Identification Number (FEIN) is _ (If the Contractor has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 5. I understand that a "public entity crime" as defined in Section 287.133(l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 6. I understand that "convicted" or "conviction" as defmed in Section 287.133(1)(b), Florida Statutes, means a findingofguiltoraconviction ofapublic entitycrime,withorwithoutanadjudication ofguilt, inanyfederal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a resultofajury verdict, nonjurytrial,orentry ofaplea ofguiltyornolocontendere 7. I understand that an "affiliate" as defmed in Section 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or, b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 8. I understand that a "person" as defmed in Section 287.133(l)(e), Florida Statutes any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 9. Based on information and belief, the statement which I have marked below is true in relation to the Contractor submitting this sworn statement. (Please indicate which statement applies.) ____ _ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity, have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ _ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity, has been charged with and convicted ofa public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies): __ There has been a proceeding concerning the conviction before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The [mal order entered by the Administrative Law Judge did not place the person or affiliate on the convicted vendor list. (Please attach a copy ofthe [mal order.) __ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The [mal order entered by the Administrative Law Judge determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy ofthe final order.) __ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of Management Services.) IT SHALL BE THE RESPONSIBILITY OF THE CONlRACTORIVENDOR EXECUTING THIS PUBLIC ENTITY CRIME AFFIDAVIT TO VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS UTILIZED FOR THIS BID/QUOTE HAVE BEEN CONVICTED OF A PUBLIC ENTITY CRIME SUBSEQUENT TO JULY 1, 1989. IN THE EVENT IT IS LATER DISCOVERED THAT A SUBCONTRACTOR/SUPPLIER HAS BEEN CONVICTED OF A PUBLIC ENTITY CRIME, THE CONlRACTORIVENDOR SHALL SUBSTITUTE THE SUBCONTRACTOR/ SUPPLIER WITH ANOTHER WHO HAS NOT RECEIVED A CONVICTION. ANY COST ASSOCIATED WITH THIS SUBSTITUTION SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTORIVENDOR. [CONTINUE ON NEXT PAGE] Under penalties of perjury under the laws of the State of Florida, I declare that I have read the foregoing Sworn Statement under Section 287.133(3)(a), Florida Statutes, Regarding Public Entity Crimes and all of the information provided is true and correct. Dated this __ day of , 20_, By: _ Title: _ STATE OF FLORIDA COUNTY OF _ Sworn to (or affirmed) and subscribed before me this day of----: ,20_, by__ _____________ , as of,who is personally known to me or who has produced as identification and who did (did not) take an oath. [notary seal] Signature ofNotary Public taking acknowledgment My Commission Expires: _ EXIllBIT C GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT TRENCH SAFETY ACT COMPLIANCE STATEMENT INSTRUCTIONS Because trench excavations on this project are expected to be in excess of 5 feet, Florida's Trench Safety Act, Sections 553.60 -553.64, Florida Statutes, requires that construction on the project comply with Occupational Safety and Health Administration Standard 29 C.F.R.s. 1926.650 Subpart P. The Contractor is required to execute this Compliance Statement and the Compliance Cost Statement. The costs for complying with the Trench Safety Act must be incorporated into the Contract Price. This form must be certified in the presence of a notary public or other officer authorized to administer oaths. CERTIFICATION 1. I understand that the Trench Safety Act requires me to comply with OSHA Standard 29 C.F.R.s. 1926.650 Subpart P. I will comply with The Trench Safety Act, and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this project. 2. The estimated cost imposed by compliance with The Trench Safety Act will be: _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _Dollars $_ --,-_ (Written) (Figures) 3. The amount listed above has been included within the Contract Price. Dated this day of , 20_ Contractor: _ By: _ Title: _ STATE OF FLORIDA COUNTYOF __ The foregoing instrument was acknowledged before me this day of _ 20_, by , as of __ who is personally known to me or who has produced _ _ _ _ ____ _____ _ _ as identification, and did [ ] or did not [ ] take the oath. [notaryseal] SignatureofNotary Publictakingacknowledgement My CommissionExpires: _ GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT TRENCH SAFETY ACT COMPLIANCE COST STATEMENT INSTRUCTIONS Because trench excavations on this Project are expected to be in excess of 5 feet, Florida's Trench Safety Act, Sections 553.60 -553.64, Florida Statutes, requires that the Contractor submit a statement of the costs of complying with the Trench Safety Act. Said costs must also be incorporated into the Contract Price. This form must be certified in the presence of a notary public or other officer authorized to administer oaths. By executing this statement, Contractor acknowledges that included in the various items of its Contract Price are costs for complying with the Florida Trench Safety Act. The Contractor further identifies the costs as follows: Type of Trench Safety Mechanism Quantity Unit Costl Item Total Cost I I Project Total Dated this __ day of , 2021. Subcontractor:. _ By: _ Title: STATE OF FLORIDA COUNTYOF _ The foregoing instrument was acknowledged before me this __ day of _ 20_, by as of who is personally known to me or who has produced ___ _ _ _ _ _ _ _ _ _ _ _ asidentification,anddid[ ]ordidnot[ ]taketheoath. [notary seal] Signature of Notary Public taking acknowledgement My Commission Expires: _ 1Usecostperlinearsquare footoftrenchexcavationusedandcostper square footof shoring used. EXIllBITD GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT SWORN STATEMENT PURSUANT TO SECTION 287.134(2)(a), FLORIDA STATUTES, ON DISCRIMINATION THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Gardens at Hammock Beach Community Development District. 2. I, (print individual's name) am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of ---.,------,_---.,--_---.,--_ :-:-_ (print individual's title) for ("Contractor"), and am authorized to make this Sworn Statement onbehalf ofContractor. 3. Contractor's business address is _ 4. Contractor's Federal Employer Identification Number (FEIN) is _ (If the Contractor has no FEIN, include the Social Security Number ofthe individual signing this sworn statement: .) 5. I understand that a "discrimination" or "discriminated" as defined in Section 287.134(1)(b), Florida Statutes, means a determination ofliability by a state circuit court or federal district court for a violation of any state or federal law prohibiting discrimination on the basis ofrace, gender, national origin, disability, or religion by an entity; if an appeal is made, the determination of liability does not occur until the completion of any appeals to a higher tribunal. 6. Iunderstandthat"discriminatoryvendorlist"asdefinedinSection287.134(1)(c), Florida Statutes, means the list required to be kept by the Florida Department of Management Services pursuant to Section 287.134(3)(d), Florida Statutes. 7. I understand that "entity" as defmed in Section 287.134(1)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. 8. I understand that an "affiliate" as defined in Section 287.134(1)(a), Florida Statutes, means: a. A predecessor or successor of an entity that discriminated; or b. An entity under the control of any natural person or entity that is active in the management of the entity that discriminated. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one entity of shares constituting a controlling interest in another entity, or a pooling of equipment or income among entities when not for fair market value under an arm's length agreement, shall be a prima facie case that one entity controls another entity 9. I understand that, pursuant to Section 287.134(2)(a), Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any affiliate of the entity, has been placed on the discriminatory vendor list. The entity submitting this sworn statement, or an affiliate ofthe entity, appears on the discriminatory vendor list. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTORIVENDOR EXECUTING THIS AFFIDAVIT TO VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS UTILIZED FOR THIS BID/QUOTE HAVE BEEN PLACED ON THE DISCRIMINATORY VENDOR LIST. IN THE EVENT IT IS LATER DISCOVERED THAT A SUBCONTRACTOR/SUPPLIER HAS BEEN PLACED ON THE DISCRIMINATORY VENDOR LIST, THE CONTRACTORIVENDOR SHALL SUBSTITUTE THE SUBCONTRACTOR/ SUPPLIER WITH ANOTHER WHO HAS NOT PLACED ON THE DISCRIMINATORY VENDOR LIST. ANY COST ASSOCIATED WITH THIS SUBSTITUTION SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTORIVENDOR. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY. Signature by authorized representative of Proposer STATE OF FLORIDA COUNTY OF _ Sworn to (or affirmed) and subscribed before me this day of----=, 20-, by __ _____ _ _ _ _ _ ---,----_ ' as of,who is personally known to me or who has produced as identification and who did (did not) take an oath. [notary seal] Signature ofNotary Public taking acknowledgement My Commission Expires: _ RESOLUTION 2023-03 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AN INDIVIDUAL DESIGNATED BY THE BOARD OF SUPERVISORS TO ACT AS THE DISTRICT'S PURCHASING AGENT FOR THE PURPOSE OF PROCURING, ACCEPTING, AND MAINTAINING ANY AND ALL CONSTRUCTION MATERIALS NECESSARY FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE OR COMPLETION OF THE DISTRICT'S INFRASTRUCTURE IMPROVEMENTS AS PROVIDED IN THE DISTRICT'S ADOPTED IMPROVEMENT PLAN; PROVIDING FOR THE APPROVAL OF A WORK AUTHORIZATION; PROVIDING FOR PROCEDURAL REQUIREMENTS FOR THE PURCHASE OF MATERIALS; APPROVING THE FORM OF A PURCHASE REQUISITION REQUEST; APPROVING THE FORM OF A PURCHASE ORDER; APPROVING THE FORM OF A CERTIFICATE OF ENTITLEMENT; AUTHORIZING THE PURCHASE OF INSURANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Gardens at Hammock Beach Community Development District (the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and WHEREAS, Chapter 190, Florida Statutes, authorizes the District to construct, install, operate and/or maintain systems and facilities for certain basic infrastructure; and WHEREAS, the District Board of Supervisors (the "Board"), upon recommendation of the District Engineer, has adopted or will adopt an improvement plan for the construction and installation of certain infrastructure improvements within the District (the "Improvements"); and WHEREAS, the District has or will enter into various construction contracts for the construction and installation of the Improvements (the "Construction Contracts"); and WHEREAS, the Construction Contracts allow, or will be amended to allow, for the direct purchase by the District of certain construction materials necessaryfor those contracts; and WHEREAS, the District has determined that such direct purchase of construction materials will provide a significant construction cost reduction that is in the best interest of the District; and WHEREAS, the District desires to have a District representative who is familiar with the project and who is knowledgeable in the area of procuring and handling construction materials act as its representative. 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. The District Engineer, the District Manager or another individual as shall be appointed by the Board (the "Purchasing Agent") shall have the full authority of the District to issue purchase orders or enter into purchase agreements on behalf of the District at such times and intervals as it determines necessary for the timely receipt of construction materials required by the Contractor for the prosecution of the construction project. SECTION 2. The Purchasing Agent shall purchase on behalf of the District only those materials identified in the Construction Contracts and in amounts not to exceed the cost amount contained therein and as included in the Construction Contracts. SECTION 3. The Purchasing Agent shall be authorized to purchase on behalf of the District any additional construction materials that are identified in a schedule of values associated with any change order(s) to the Construction Contracts or that of any subcontractor to the Contractor which is approved by the District. SECTION 4. Should the District Engineer act as the Purchasing Agent for any given Construction Contract, a work authorization of the District Engineer, a form of which is attached hereto as Exhibit A, is hereby approved and/or ratified, and the District Engineer shall be paid such reasonable fees, costs and expenses, related to its actions as the District's Purchasing Agent as provided for in the District Engineer's agreement with the District. SECTION 5. The Purchasing Agent is further authorized to take any other administrative actions that are consistent with his/her duties as the District's Purchasing Agent, including but not limited to, negotiating for lower prices on materials from other suppliers, arranging for the storage, delivery, and protection of purchased materials, and sending and receiving notices and releases as are required by law. SECTION 6. The District Manager is hereby directed to purchase Builders All Risk Insurance on behalf of the District and with the District as the named insured in such amounts as are necessary to cover the estimated costs of the construction materials pursuant to the Construction Contract. SECTION 7. The procurement procedures and its exhibits, attached hereto as Composite Exhibit B and incorporated herein by reference, are hereby approved and/or ratified, and shall be used by the Purchasing Agent for the purchase of construction materials on behalf of the District. SECTION 8. The actions of current and prior members of the Board and District staff in effectuating the District's direct purchase of materials relative to the Construction Contracts, including but not limited to the execution of any documents related therewith, are hereby 3 determined to be in accordance with the prior authorizations of the District's Chairman, Vice Chair in the Chairman's absence, and/or the Board, and are hereby ratified, approved and confirmed all respects. SECTION 9. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect. SECTION 10. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. PASSED AND ADOPTEDthis 19t h day of May, 2023. ATTEST: GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT By: _By: _ Secretary / Assistant Secretary Chairman / Vice Chairman 3 EXHIBIT A Work Authorization _ _ _ _ _ _ ----',2023 Board of Supervisors Gardensat Hammock BeachCommunity Development District 219 East Livingston Street Orlando, Florida 32801 Subject: Work Authorization Number_ Gardens at Hammock BeachCommunity Development District Dear Chairman, Board of Supervisors: _________ (the "Engineer") is pleased to submit this work authorization to provide engineering services for the Gardens at Hammock Beach Community Development District (the "District"). We will provide these services pursuant to our current agreement dated (the "Engineering Agreement") asfollows: I. Scopeof Work The Engineer will act as Purchasing Agent for the District with respect to the direct purchase of construction materials for the District's Improvements in accordance with the procurement procedures adopted by the Board of Supervisors. II. Compensation The Engineer will be compensated for this work at the hourly rates established pursuant to the Engineering Agreement. III. Other Direct Costs Other direct costs include items such as printing, drawings, travel, deliveries, et cetera, pursuant to the EngineeringAgreement. This work authorization, together with the Engineering Agreement, represents the entire understanding between the District and the Engineer with regard to the referenced services and supersedes any prevlouslv executed proposal or agreement related to the provision of such services. If you wish to accept this work authorization, please sign where indicated and return to our office. Thank you for the opportunity to be of service. APPROVED AND ACCEPTED Sincerely, By: _ By: _ Authorized Representative of District Date: _ COMPOSITE EXHIBIT B PROCUREMENT PROCEDURES FOR OWNER PURCHASED MATERIAL 1. Purchase Requisition Request Forms. At least ten (10) calendar days prior to CONTRACTOR ordering construction materials, CONTRACTOR shall prepare and forward to the Gardens at Hammock Beach Community Development District (the /lOWNERII) a separate Purchasing Requisition Request Form for each supplier in the form attached hereto as Attachment 1, specifically identifying the construction materials which CONTRACTOR plans to order from each supplier so that OWNER may, in its sole discretion, elect to purchase directly such construction materials. 2. Purchase Orders. After receipt of the Purchasing Requisition Request Form, the OWNER shall prepare Purchase Orders in the form attached hereto as Attachment 2, for construction materials which the OWNER wishes to purchase directly. Purchase Orders shall require that the supplier provide required shipping and handling insurance. Purchase Orders shall also require the delivery of the Owner Purchased Materials on the delivery dates provided by the CONTRACTOR in the Purchasing Requisition Request Form. Pursuant to the Purchase Order, the supplier will provide the CONTRACTOR the required quantities of construction material at the price established in the supplier's quote less any associated sales tax. 3. Certificate of Entitlement. The OWNER shall execute a separate Certificate of Entitlement for each Purchase Order in the form attached hereto asAttachment 3, and furnish a copy of same to the supplier and to the CONTRACTOR in accordance with Section 4. Each Certificate of Entitlement must have attached thereto the-corresponding Purchase Order. Each Certificate of Entitlement shall acknowledge that if the Department of Revenue determines the purchase is not a tax exempt purchase by a governmental entity, then the governmental entity will be responsible for any tax, penalties and interest determined to be due. Each Certificate of Entitlement shall affirm that: (1) the attached Purchase Order is being issueddirectly to the vendor supplying the tangible personal property the CONTRACTOR will usein the identified public works; (2) the vendor's invoice will be issued directly to the governmental entity; (3) payment of the vendors invoice will be made directly by the governmental entity to the vendor from public funds; (4) the governmental entity will take title to the tangible personal property from the vendor at the time of purchase or of delivery by the vendor; and (5) the governmental entity assumes the risk of damage or loss at the time of purchase or delivery by the vendor. 4. Transmission of Certificate of Entitlement and Attached Purchase Order. At least two (2) calendar days prior to CONTRACTOR placing OWNER'S order for the construction materials, OWNER shall forward each Certificate of Entitlement, together with the attached Purchase Order, to CONTRACTOR and to supplier. Promptly upon receipt of the Owner Purchased Materials specified in each Purchase Order, CONTRACTOR shall verify the purchase of the Owner Purchased Materials in accordance with the terms of the Purchase Order and in a manner to assure timely delivery of the Owner Purchased Materials. 5. Notice of Reduction in Contract Price. On or about the last business day of each month, OWNER shall deliver to the CONTRACTOR a Notice of Reduction in Contract Price (hereinafter "Notice"). Each Notice shall list all Owner Purchased Materials for the respective month and the total price for all such construction materials, plus all sales taxes which would have been associated with such construction materials had the CONTRACTOR purchased the construction materials. Each Notice may also include the total price and sales tax (had CONTRACTOR purchased) for any previously purchased Owner Purchased Materials which for any reason were not previously deducted from the contract price. The contract price will be reduced automatically and as a ministerial task by the amount set forth in each Notice. Each Notice will also reflect the amended contract balance reflecting the deductions taken in said Notice. The intent of this provision is to cause the contract price to be reduced automatically by the amount OWNER pays for Owner Purchased Materials plus the amount of applicable sales tax that would have been paid for such construction materials, had the CONTRACTOR or any other non-tax exempt entity purchased the construction materials. All savings of sales taxes shall accrue solely to the benefit of OWNER, and CONTRACTOR shall not benefit whatsoever from savings of any such taxes. 6. Payment for Owner Purchased Materials. In order to arrange for the prompt payment to suppliers, the CONTRACTOR shall provide to the OWNER a list indicating on behalf of the owner of the Owner Purchased Materials within fifteen (15) calendar days of receipt of said Owner Purchased Materials. The list shall include a copy of the applicable Purchase Orders, invoices, delivery tickets, written acceptance of the delivered items, and such other documentation as may be reasonably required by the OWNER. Upon receipt of the appropriate documentation, the OWNER shall prepare a check drawn to the supplier based upon the receipt of data provided. OWNER will make payment to each supplier. The CONTRACTOR agrees to assist the OWNER to immediately obtain appropriate partial or final release of waivers. OWNER shall be responsible for the full payment of all valid and due invoices for Owner Purchased Materials and shall not be entitled to retain the standard ten (10%) percent amount of the progress payment due to the CONTRACTOR as is otherwise provided for in the contract documents. CONTRACTOR shall affirm that the vendor supplying the Owner Purchased Materials is not also the installer of the Owner Purchased Materials. CONTRACTOR shall further affirm that the installer of the Owner Purchased Materials did not manufacture, fabricate or furnish the Owner Purchased Materials. 7. CONTRACTOR Responsibilities. CONTRACTOR shall be fully responsible for all matters relating to ordering, storing, protecting, receipt, and handling for all construction materials including Owner Purchased Materials, in accordance with these procedures including, but not limited to, verifying correct quantities, verifying documents of orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the contract documents, inspection and acceptance on behalf of the owner of the construction materials at the time of delivery, and loss or damage to the construction materials following acceptance of construction materials, due to the negligence of the CONTRACTOR. CONTRACTOR shall serve as bailee with respect to such Owner Purchased Materials. The CONTRACTOR shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the CONTRACTOR for the construction materials furnished including Owner Purchased Materials. The CONTRACTOR shall provide all services required for the unloading, handling and storage of construction materials through installation including Owner Purchased Materials. The CONTRACTOR agrees to indemnify and hold harmless the OWNER from any and all claims of whatever nature resulting from non-payment for Owner Purchased Materials arising from CONTRACTOR actions. 7.1 Inspection and Documentation. As Owner Purchased Materials are delivered to the job site, CONTRACTOR shall visually inspect all shipments from the suppliers, and approve the vendor's invoice for construction materials delivered. The CONTRACTOR shall assure that each delivery of Owner Purchased Material is accompanied by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier conforming to the Purchase Order together with such additional information as the OWNER may require. All invoices for Owner Purchase Materials shall include the Owner's consumer certificate of exemption number. The CONTRACTOR will then forward all such invoices to the OWNER. On or about the 15th and last day of each month (or the next succeeding business day), CONTRACTOR shall review all invoices submitted by all suppliers of Owner Purchased Materials delivered to the Project site(s) during that month and either concur or object to the OWNER's issuance of payment to the suppliers, based upon CONTRACTOR's records of Owner Purchased Materials delivered to the site and whether any defects or non-conformities exist in such Owner Purchased Materials. 7.2 Warranties, Guarantees, Repairs and Maintenance. The CONTRACTOR shall be responsible for obtaining and managing on behalf of the Owner all warranties and guarantees for all construction materials as required by the contract documents and shall fully warrant all construction materials including all Owner Purchased Materials. OWNER's purchase of various construction materials shall not in any manner impact or reduce CONTRACTOR's duty to warrant said construction materials. The OWNER may forward all repair, maintenance, non-conforming construction materials calls, or any other issues relating to the construction materials to the CONTRACTOR for resolution with the appropriate supplier, vendor, or subcontractor. The CONTRACTOR shall resolve all such calls or issues. 7.3 Records and Accountings. The CONTRACTOR shall maintain records of all Owner Purchased Materials it incorporates into the work from the stock of Owner Purchased Materials in its possession as bailee. The CONTRACTOR shall account monthly to the OWNER for any Owner Purchased Materials delivered into the CONTRACTOR's possession, indicating portions of all such construction materials which have been incorporated into the work. 7.4 Defective or Non-conforming Construction Materials. The CONTRACTOR shall ensure that Owner Purchased Materials conform to specifications, and determine prior to incorporation into the work if such construction materials are defective or non-conforming, whether such construction materials are identical to the construction materials ordered, and match the description on the bill of lading. If the CONTRACTOR discovers defective or non-conforming Owner Purchased Material upon such visual inspection, the CONTRACTOR shall not utilize such non-conforming or defective construction materials in the work and instead shall promptly notify the OWNER of the defective or non-conforming conditions so repair or replacement of such construction materials can occur without any undue delay or interruption to the Project. If the CONTRACTOR fails to adequately and properly perform such inspection or otherwise incorporates into the Project defective or non-conforming Owner Purchased Materials, the condition of which it either knew or should have known by performance of an inspection, CONTRACTOR shall be responsible for all damages to OWNER resulting from CONTRACTOR's incorporation of such construction materials into the Project, including liquidated or delay damages. 8. Title. Notwithstanding the transfer of Owner Purchased Materials by the OWNER to the CONTRACTOR's possession as bailee for the OWNER, the OWNER shall retain legal and equitable title to any and all Owner Purchased Materials. 9. Insurance and Risk of Loss. The OWNER shall purchase and maintain Builder's Risk Insurance sufficient to protect against any loss or damage to Owner Purchased Materials. Owner shall be the named insured and such insurance shall cover the full value of any Owner Purchased Materials not yet incorporated into the Project during the period between the time the OWNER first takes title to any such Owner Purchased Materials and the time when the last of such Owner Purchased Materials is incorporated into the Project or consumed in the process of completing the Project. 10. No Damages for Delay. The OWNER shall in no way be liable for, and CONTRACTOR waives all claims for, any damages relating to or caused by alleged interruption or delay due to ordering or arrival of Owner Purchased Materials, defects, or other problems of any nature with such construction materials, late payment for such construction materials, or any other circumstance associated with Owner Purchased Materials, regardless of whether OWNER's conduct caused, in whole or in part, such alleged damages. The foregoing waiver by CONTRACTOR includes damages for acceleration and inefficiencies. CONTRACTOR accepts from OWNER as further and specific consideration for the foregoing waivers, OWNER's undertaking to pay for and finance all Owner Purchased Materials. Attachment 1 PURCHASE REQUISITION REQUEST FORM 1. Contact Person for the material supplier . NAME: ADDRESS: TELEPHONE NUMBER: 2. Manufacturer or brand, model or specification number ofthe item. _ _ _ 3. Quantity needed as estimated by CONTRACTOR. _ 4. The price quoted by the supplier for the construction materials identified above. $------ 5. The salestax associated with the price quote. $_ 6. Shipping and handling insurance cost. $_ 7. Delivery dates as established by CONTRACTOR. _ OWNER: Gardens at Hammock Beach Community Development District Authorized Signature (Title) Date CONTRACTOR: _ Authorized Signature (Title) Date Attachment 2 PURCHASE ORDER 1. SEE ATTACHED PURCHASE REQUISITION REQUEST FORM DATED --', 20_, 2. Gardens at Hammock Beach Community Development District State of Florida sales tax exemption certificate number: _ Gardens at Hammock Beach Community Development District is the Purchaser of the construction materials purchased pursuant to this Purchase Order. Supplier shall provide for the required shipping and handling insurance cost for delivery of the construction materials by the delivery date specified in this Purchase Order. OWNER: Gardens at Hammock Beach Community Development District Authorized Signature (Title) Date CONTRACTOR: _ Authorized Signature (Title) Date Attachment 3 CERTIFICATE OF ENTITLEMENT The undersigned authorized representative of Gardens at Hammock Beach Community Development District (hereinafter "Governmental Entity"). Florida Consumer's Certificate of Exemption Number , affirms that the tangible personal property purchased pursuant to Purchase Order Number from (Vendor) on or after , 20_ (date) will be incorporated into or become a part of a public facility as part of a public works contract pursuant to Contract # with ___________________ (Name of Contractor) for the construction of _ The Governmental Entity affirms that the purchase of the tangible personal property contained in the attached Purchase Order meets the following exemption requirements contained in Section 212.08(6), F.S., and Rule 12A-1.094, F.A.C.: You must initial each of the following requirements. __ 1. The attached Purchase Order is issued directly to the vendor supplying the tangible personal property the Contractor will use in the identified public works. __ 2. The vendor's invoice will be issued directly to Governmental Entity. __ 3. Payment of the vendor's invoice will be made directly by Governmental Entity to the vendor from public funds. __ 4. Governmental Entity will take title to the tangible personal property from the vendor at the time of purchase or of delivery by the vendor. __ 5. Governmental Entity assumes the risk of damage or loss at the time of purchase or delivery by the vendor. The Governmental Entity affirms that if the tangible personal property identified in the attached Purchase Order does not qualify for the exemption provided in Section 212.08(6). F.S., and Rule 12A-1.094, F.A.C., the Governmental Entity will be subject to the tax, interest, and penalties due on the tangible personal property purchased. If the Florida Department of Revenue determines that the tangible personal property purchased tax-exempt by issuing this Certificate does not qualify for the exemption, the Governmental Entity will be liable for any tax, penalty, and interest determined to be due. I understand that if I fraudulently issue this certificate to evade the payment of sales tax I will be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony. Under the penalties of perjury, I declare that I have read the foregoing Certificate of Entitlement and the facts stated in it are true. Signature of Authorized Representative Title of Governmental Entity Gardens at Hammock Beach Community Development District Purchaser's Name Date Federal Employer Identification Number: _ Telephone Number: _ You must attach a copy of the Purchase Order to this Certificate of Entitlement. Do not send to the Florida Department of Revenue. This Certificate of Entitlement must be retained in the Vendor's and the Contractor's books and records. SECTIO .111 GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 DRAFT GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA TABLE OF CONTENTS Page INDEPENDENT AUDITOR'S REPORT 1-2 MANAGEMENT'S DISCUSSIONAND ANALYSIS 3-5 BASIC FINANCIAL STATEMENTS Government-Wide Financial Statements: Statement of Net Position Statement of Activities Fund Financial Statements: Balance Sheet -Governmental Funds Reconciliation of the Balance Sheet -Governmental Funds to the Statement of Net Position Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities Notes to Financial Statements 6 7 8 9 10 11 12-17 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual -General Fund Notes to Required Supplementary Information 18 19 OTHER INFORMATION Data Elements required by FL Statute 218.39 (3) (c) 20 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 21-22 INDEPENDENTAUDITOR'S REPORT ON COMPLIANCE WITH THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY RULE 10.556(10) OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA 23 MANAGEMENT LETTER REQUIRED BY CHAPTER 10.550 OF THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA 24-25 DRAFT INDEPENDENT AUDITOR'S REPORT To the Board of Supervisors Gardens at Hammock Beach Community Development District Flagler County, Florida Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities and each major fund of Gardens at Hammock Beach Community Development District, Flagler County, Florida ("District") as of and for the fiscal year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the District's basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of the District as of September 30, 2022, and the respective changes in financial position "thereof for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the District and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities ofManagement for the Financial Statements The District's management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the District's ability to continue as a going concern for twelve months beyond the financial statement date,.including any currently known information that may raise substantial doubt shortly thereafter. Auditor's Responsibilities for the Audit ofthe Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. DRAFT In performing an audit in accordance with GAAS, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the District's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the District's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Included in the Financial Report Management is responsible for the other information included in the financial report. The other information comprises the information for compliance with FL Statute 218.39 (3) (c) but does not include the financial statements and our auditor's report thereon. Our opinions on the financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated Xxxx, Xxxx, on our consideration of the District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the District's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control over financial reporting and compliance. Xxxx,Xxxx DRAFT MANAGEMENT'S DISCUSSION AND ANALYSIS Our discussion and analysis of Gardens at Hammock Beach Community Development District, Flagler County, Florida ("District") provides a narrative overview of the District's financial activities for the fiscal year ended September 30, 2022. Please read it in conjunction with the District's Independent Auditor's Report, basic financial statements, accompanying notes and supplementary information to the basic financial statements. FINANCIAL HIGHLIGHTS • The liabilities of the District exceeded its assets at the close of the most recent fiscal year resulting in a net position deficit balance of ($32,383). • The change in the District's total net position in comparison with the prior fiscal year was $456 an increase. The key components of the District's net position and change in net position are reflected in the table in the government-wide financial analysis section. • At September 30, 2022, the District's governmental funds reported combined ending fund balance of $1,280, an increase of $456, in comparison with the prior fiscal year. The fund balanceisnonspendablefor prepaidsandtheremainderisunassigneddeficitfundbalance. OVERVIEW OF FINANCIAL STATEMENTS This discussion and analysis are intended to serve as the introduction to the District's financial statements. The District's basic financial statements are comprised of three components: 1) governmentwide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Financial Statements The government-wide financial statements are designed to provide readers with a broad overview of the District's finances, in a manner similar to a private-sector business. The statement of net position presents information on all the District's assets, deferred outflows of resources, liabilities, and deferred inflows of resources with the residual amount being reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the District is improving or deteriorating. The statement of activities presents information showing how the government's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government-wide financial statements include all governmental activities that are principally supported by Developer contributions. The District does not have any business-type activities. The governmental activities of the District include the general government (management) function. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The District, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. The District has one fund category: governmental funds. DRAFT OVERVIEW OF FINANCIAL STATEMENTS (Continued) Governmental Funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a District's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the District's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balance provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The District maintains two governmental funds for external reporting. Information is presented separately in the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund and capital projects fund, both of which are considered major funds. The District adopts an annual appropriated budget for its general fund. A budgetary comparison schedule has been provided for the general fund to demonstrate compliance with the budget. Notes to the Financial Statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. GOVERNMENT-WIDE FINANCIAL ANALYSIS As noted earlier, net position may serve over time as a useful indicator of an entity's financial position. In the case of the District, liabilities exceeded assets at the close of the most recent fiscal year. Key components of the District's net position are reflected in the following table: NET POSITION SEPTEMBER 30, 2022 2021 Current and other assets $ 7.153 $ 13.920 Total assets 7,153 13,920 Current liabilities 5,873 13,096 Long-term liabilities 33,663 33,663 Total liabilities 39,536 46,759 Net position Net in-.estment in capital assets (33,663) (33,663) Unrestricted 1,280 824 Total net position $ (32,383) $ (32,839) The District's net position increased during the most recent fiscal year. DRAFT GOVERNMENT-WIDE FINANCIAL ANALYSIS (Continued) Key elements of the change in net position are reflected in the following table: CHANGES IN NET POSITION FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 2021 Rewnues: Program revenues Operating grants and contributions $ 34,730 $ 49,548 Total revenues 34,730 49,548 Expenses: General gowmment 34,274 50,456 Total expenses 34,274 50,456 Change in net position 456 (908) Net position -beginning (32,839) (31,931) Net position -ending $ (32,383) $ (32,839) As noted above and in the statement of activities, the cost of all governmental activities during the fiscal year ended September 30, 2022 was $34,274. The costs of the District's activities were funded by program revenues which were comprised of Developer contributions. GENERAL BUDGETING HIGHLIGHTS An operating budget was adopted and maintained by the governing board for the District pursuant to the requirements of Florida Statutes. The budget is adopted using the same basis of accounting that is used in preparation of the fund financial statements. The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. Actual general fund expenditures did not exceed appropriations for the fiscal year ended September 30, 2022. CAPITAL DEBT At September 30, 2022, the District had $33,663 in Developer liabilities for its governmental activities. More detailed information about the District's capital debt is presented in the notes of the financial statements. ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND OTHER EVENTS Subsequent to fiscal year end, the Board is in discussion to issue Bonds in order to fund the construction and acquisition of infrastructure improvements. CONTACTING THE DISTRICT'S FINANCIAL MANAGEMENT If you have questions about this report or need additional financial information, contact the Gardens at Hammock Beach Community Development District's Finance Department at 219 E. Livingston Street, Orlando, Florida, 32801. DRAFT GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA STATEMENT OF NET POSITION SEPTEMBER 30, 2022 Governmental Activities ASSETS Cash and cash equivalents $ 319 Due from Developer 6,834 Total assets 7,153 LIABILITIES Accounts payable 5,873 Non-current liabilities: Due in more than one year 33,663 Total liabilities 39,536 NET POSITION Net investment in capital assets (33,663) Unrestricted 1,280 Total net position $ (32,383) See notes to the financial statements DRAFT 6 GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Net (Expense) Revenue and Program Changes in Net Revenues Position Operating Grants and Governmental FunctionS/Programs Expenses Contributions Activities Primary government: Governmental activities: General government $ 34,274 34,730 $$ 456 Total governmental activities 34,274 34,730 456 Change in net position 456 Net position -beginning (32,839) Net position -ending $ (32,383) See notes to the financial statements DRAFT GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA BALANCE SHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2022 Major Funds Total Capital Governmental General Projects Funds ASSETS Cash and cash equivalents $ 319$ $ 319 Due from Developer 6,232 602 6,834 Total assets $ 6,551 $ 602 $ 7,153 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable $ 5,271 $ 602 $ 5,873 Total liabilities 5,271 602 5,873 Fund balances: Unassigned 1,280 1,280 Total fund balances 1,280 1,280 Total liabilities and fund balances $ 6,551 $ 602 $ 7,153 See notes to the financial statement DRAFT 8 GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA RECONCILIATION OF THE BALANCE SHEET -GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION SEPTEMBER 30, 2022 Fund balance -governmental funds $ 1,280 Amounts reported for go-vernmental activities in the statement of net position are different because: Liabilities not due and payable from current available resources are not reported as liabilities in the go-vernmental fund statements. All liabilities, both current and long-term, are reported in the government-wide financial statements. De-veloper advances (33,663) (33,663) Net position of go-vernmental activities $ (32,383) See notes to the financial statement DRAFT GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 REVENUES Developer contributions Total revenues Major Funds Capital General Projects $ 34,730 $ 34,730 Total Governmental Funds $ 34,730 34,730 EXPENDITURES Current: General government Total expenditures 34,274 34,274 34,274 34,274 Excess (deficiency) of revenues over (under) expenditures 456 456 Fund balances -beginning 824 824 Fund balances -ending $ 1,280 $ $ 1,280 See notes to the financial statements DRAFT 10 GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Net change in fund balances -total governmental funds Amounts reported for governmental activities in the statement of activities are different because: $ 456 Change in net position of governmental activities $ 456 See notes to the financial statements DRAFT 11 GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA NOTES TO FINANCIAL STATEMENTS NOTE 1 -NATURE OF ORGANIZATION AND REPORTING ENTITY Gardens at Hammock Beach Community Development District (the "District") was established by the Board of Commissioners of Flagler County's approval of Ordinance No. 2006-21 effective on October 9, 2006 pursuant to the Uniform Community Development District Act of 1980, otherwise known as Chapter 190, Florida Statutes. The Act provides among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non-ad valorem assessments for the financing and delivery of capital infrastructure. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development within the District. The District is governed by the Board of Supervisors ("Board"), which is composed of five members. The Supervisors are elected on an at large basis by the owners of the property within the District. The Board exercises all powers granted to the District pursuant to Chapter 190, Florida Statutes. At September 30, 2022, all of the Board members are affiliated with Palm Coast Intracoastal, LLC ("Developer"). The Board has the responsibility for: 1. Allocating and levying assessments. 2. Approving budgets. 3. Exercising control over facilities and properties. 4. Controlling the use of funds generated by the District. 5. Approving the hiring and firing of key personnel. 6. Financing improvements. The financial statements were prepared in accordance with Governmental Accounting Standards Board ("GASB") Statements. Under the provisions of those standards, the financial reporting entity consists of the primary government, organizations for which the District is considered to be financially accountable and other organizations for which the nature and significance of their relationship with the District are such that, if excluded, the financial statements of the District would be considered incomplete or misleading. There are no entities considered to be component units of the District; therefore, the financial statements include only the operations of the District. NOTE 2 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Government-Wide and Fund Financial Statements The basic financial statements include both government-wide and fund financial statements. The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the non-fiduciary activities of the primary government. For the most part, the effect of interfund activity has been removed from these statements. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment; operatingtype special assessments for maintenance and debt service are treated as charges for services and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Other items not included among program revenues are reported instead as general revenues. DRAFT NOTE 2 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Assessments are recognized as revenues in the year for which they are levied. Grants and similar items are to be recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures are recorded only when payment is due. Assessments Assessments are non-ad valorem assessments on benefited property within the District. Operating and maintenance assessments are based upon the adopted budget and levied annually at a public hearing of the District. Debt service assessments are levied when Bonds are issued and assessed and collected on an annual basis. The District may collect assessments directly or utilize the uniform method of collection under Florida Statutes. Direct collected assessments are due as determined by annual assessment resolution adopted by the Board of Supervisors. Assessments collected under the uniform method are mailed by the County Tax Collector on November 1 and due on or before March 31 of each year. Property owners may prepay a portion or all of the debt service assessments on their property subject to various provisions in the Bond documents. Assessments and interest associated with the current fiscal period are considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. The portion of assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. The District reports the following major governmental funds: General Fund The general fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Capital Projects Fund This fund accounts for the financial resources to be used for the acquisition or construction of major infrastructure within the District. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. When both restricted and unrestricted resources are available for use, it is the government's policy to use restricted resources first for qualifying expenditures, then unrestricted resources as they are needed. DRAFT NOTE 2 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assets, Liabilities and Net Position or Equity Restricted Assets These assets represent cash and investments set aside pursuant to Bond covenants or other contractual restrictions. Deposits and Investments The District's cash and cash equivalents are considered to be cash on hand and demand deposits (interest and non-interest bearing). The District has elected to proceed under the Alternative Investment Guidelines as set forth in Section 218.415 (17) Florida Statutes. The District may invest any surplus public funds in the following: a) The Local Government Surplus Trust Funds, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act; b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; c) Interest bearing time deposits or savings accounts in qualified public depositories; d) Direct obligations of the U.S. Treasury. Securities listed in paragraph c and d shall be invested to provide sufficient liquidity to pay obligations as they come due. The District records all interest revenue related to investment activities in the respective funds. Investments are measured at amortized cost or reported at fair value as required by generally accepted accounting principles. Prepaid Items Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. Capital Assets Capital assets which include property, plant and equipment, and infrastructure assets (e.g., roads, sidewalks and similar items) are reported in the government activities columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of two years. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at acquisition value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. The District does not have any capital assets as of September 30,2022. Unearned Revenue Governmental funds report unearned revenue in connection with resources that have been received, but not yet earned. DRAFT NOTE 2 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assets,Liabilities and NetPositionorEquity (Continued) Long-Term Obligations In the government-wide financial statements long-term debt and other long-term obligations are reported as liabilities in the statement of net position. Bond premiums and discounts are deferred and amortized over the life of the Bonds. Bonds payable are reported net of applicable premiums or discounts. Bond issuance costs are expensed when incurred. In the fund financial statements, governmental fund types recognize premiums and discounts, as well as issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Deferred Outflowsllnflows of Resources In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. Fund Equity/Net Position In the fund financial statements, governmental funds report non spendable and restricted fund balance for In the fund financial statements, governmental funds report non spendable and restricted fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Assignments of fund balance represent tentative management plans that are subject to change. The District can establish limitations on the use of fund balance as follows: Committed fund balance -Amounts that can be used only for the specific purposes determined by a formal action (resolution) of the Board of Supervisors. Commitments may be changed or lifted only by the Board of Supervisors taking the same formal action (resolution) that imposed the constraint originally. Resources accumulated pursuant to stabilization arrangements sometimes are reported in this category. Assiqned fund balance -Includes spendable fund balance amounts established by the Board of Supervisors that are intended to be used for specific purposes that are neither considered restricted nor committed. The Board may also assign fund balance as it does when appropriating fund balance to cover differences in estimated revenue and appropriations in the subsequent year's appropriated budget. Assignments are generally temporary and normally the same formal action need not be taken to remove the assignment. DRAFT NOTE 2 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assets, Liabilities and Net Position or Equity (Continued) Fund Equity/Net Position (Continued) The District first uses committed fund balance, followed by assigned fund balance and then unassigned fund balance when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. Net position is the difference between assets and deferred outflows of resources less liabilities and deferred inflows of resources. Net position in the government-wide financial statements are categorized as net investment in capital assets, restricted or unrestricted. Net investment in capital assets represents net position related to infrastructure and property, plant and equipment. Restricted net position represents the assets restricted by the District's Bond covenants or other contractual restrictions. Unrestricted net position consists of the net position not meeting the definition of either of the other two components. Other Disclosures Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. NOTE 3 -BUDGETARY INFORMATION The District is required to establish a budgetary system and an approved Annual Budget. Annual Budgets are adopted on a basis consistent with generally accepted accounting principles for the general fund. All annual appropriations lapse at fiscal year-end. The District follows these procedures in establishing the budgetary data reflected in the financial statements. a) Each year the District Manager submits to the District Board a proposed operating budget for the fiscal year commencing the following October 1. b) Public hearings are conducted to obtain comments. c) Prior to October 1, the budget is legally adopted by the District Board. d) All budget changes must be approved by the District Board. e) The budgets are adopted on a basis consistent with generally accepted accounting principles. f) Unused appropriations for annually budgeted funds lapse at the end of the year. NOTE 4 -DEPOSITS The District's cash balances were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer. Florida Statutes Chapter 280, "Florida Security for Public Deposits Act", requires all qualified depositories to deposit with the Treasurer or another banking institution eligible collateral equal to various percentages of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally, U.S. Governmental and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. DRAFT NOTE 5 -CAPITAL ASSETS The infrastructure intended to serve the District has been estimated at a total cost of approximately $20,185,000. The infrastructure will include roadways, potable water and wastewater systems, and land improvements, including wetland mitigation areas. In addition, the project will include irrigation, parks, and recreational facilities that will be constructed and operated by others. A portion of the project costs is expected to be financed with the proceeds from the issuance of Bonds with the remainder to be funded by the Developer and conveyed to the District. Upon completion, certain improvements are to be conveyed to others for ownership and maintenance responsibilities. NOTE 6 -LONG-TERM LIABILITIES Developer Advances During prior fiscal year's, the Developer advanced $33,663 to the District in order to fund costs associated with the anticipated issuance of Bonds. The advanced amounts are expected to be repaid to the Developer with proceeds from a future Bond issuance. Long-term Debt Activity Changes in long-term liability activity for the fiscal year ended September 30, 2022 were as follows: Beginning Ending Due Within Balance Additions Reductions Balance One Year GOl.emmentalactivties Del.eloper advances $ 33,663 $ $ $ 33,663 $ Total $ 33,663 $ $ $ 33,663 $ NOTE 7 -DEVELOPER TRANSACTIONS The Developer has agreed to fund the general operations of the District. In connection with that agreement, Developer contributions to the general fund were $34,730 as of September 30, 2022, which includes a receivable of $6,834 as of September 30, 2022. NOTE 8 -CONCENTRATION The District's activity is dependent upon the continued involvement of the Developer and major landowners, the loss of which could have a material adverse effect on the District's operations. NOTE9-MANAGEMENTCOMPANY The District has contracted with a management company to perform services which include financial and accounting advisory services. Certain employees of the management company also serve as officers of the District. Under the agreement, the District compensates the management company for management, accounting, financial reporting, computer and other administrative costs. NOTE 10 -RISK MANAGEMENT The District is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. The District has obtained commercial insurance from independent third parties to mitigate the costs of these risks; coverage may not extend to all situations. DRAFT GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -BUDGET AND ACTUAL -GENERAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Variance INith Final Budget- Budgeted Amounts Actual Positive Original and Final Amounts (Negative) REVENUES Developer Contributions $ 77,251 $ 34,730 $ (42,521) Total revenues 77,251 34,730 (42,521) EXPENDITURES Current: General government 77,251 34,274 42,977 Total expenditures 77,251 34,274 42,977 Excess (deficiency) of revenues over (under) expenditures $ 456 $ 456 Fund balance -beginning 824 Fund balance -ending $ 1,280 See notes to required supplementary information DRAFT 18 GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA NOTES TO REQUIRED SUPPLEMENTARY INFORMATION The District is required to establish a budgetary system and an approved Annual Budget for the general fund. The District's budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. The budget approximates a basis consistent with accounting principles generally accepted in the United States of America (generally accepted accounting principles). The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. Actual general fund expenditures did not exceed appropriations for the fiscal year ended September 30, 2022. DRAFT GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA OTHER INFORMATION -DATA ELEMENTS REQUIRED BY FL STATUTE 218.39(3)(C) UNAUDITED Element Comments Number of district employees compensated at 9/30/2022 See page 18 of annual financial report Not applicable Not applicable 3 3 $3.600 $46,533 Number of independent contractors compensated in September 2022 Employee compensation for FYE 9/30/2022 (paid/accrued) Independent contractor compensation for FYE 9/30/2022 Budget variance report Ad Valorem taxes; Non ad valorem special assessments; DRAFT INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Gardens at Hammock Beach Community Development District Flagler County, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and each major fund of Gardens at Hammock Beach Community Development District, Flagler County, Florida ("District") as of and for the fiscal year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the District's basic financial statements, and have issued our opinion thereon dated Xxxx, Xxxx. Report on Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the District's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the District's internal control. Accordingly, we do not express an opinion on the effectiveness of the District's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the District's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. DRAFT Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Xxxx, Xxxx DRAFT INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY RULE 10.556(10) OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA To the Board of Supervisors Gardens at Hammock Beach Community Development District Flagler County, Florida We have examined Gardens at Hammock Beach Community Development District, Flagler County, Florida's ("District") compliance with the requirements of Section 218.415, Florida Statutes, in accordance with Rule 10.556(10) of the Auditor General of the State of Florida during the fiscal year ended September 30, 2022. Management is responsible for District's compliance with those requirements. Our responsibility is to express an opinion on District's compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the District complied, in all material respects, with the specified requirements referenced in Section 218.415, Florida Statutes. An examination involves performing procedures to obtain evidence about whether the District complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination on the District's compliance with specified requirements. In our opinion, the District complied, in all material respects, with the aforementioned requirements for the fiscal year ended September 30, 2022. ThisreportisintendedsolelyfortheinformationanduseoftheLegislativeAuditing Committee,members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, management, and the Supervisors of Gardens at Hammock Beach Community Development District, Flagler County, Florida and is not intended to be and should not be used by anyone other than these specified parties. Xxxx, Xxxx DRAFT MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA To the Board of Supervisors Gardens at Hammock Beach Community Development District Flagler County, Florida Report on the Financial Statements We have audited the accompanying basic financial statements of Gardens at Hammock Beach Community Development District, Flagler County, Florida ("District") as of and for the fiscal year ended September 30, 2022, and have issued our report thereon dated Xxxx, Xxxx. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Chapter 10.550, Rules of the Florida Auditor General. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards; and Independent Auditor's Report on an examination conducted in accordance with A/CPA Professional Standards, AT-C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports, which are dated Xxxx, Xxxx, should be considered in conjunction with this management letter. Purpose of this Letter The purpose of this letter is to comment on those matters required by Chapter 10.550 of the Rules of the Auditor General for the State of Florida. Accordingly, in connection with our audit of the financial statements of the District, as described in the first paragraph, we report the following: I. Current year findings and recommendations. II. Status of prior year findings and recommendations. III. Compliance with the Provisions of the Auditor General of the State of Florida. Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, as applicable, management, and the Board of Supervisors of Gardens at Hammock Beach Community Development District, Flagler County, Florida and is not intended to be and should not be used by anyone other than these specified parties. We wish to thank Gardens at Hammock Beach Community Development District, Flagler County, Florida and the personnel associated with it, for the opportunity to be of service to them in this endeavor as well as future engagements, and the courtesies extended to us. Xxxx, Xxxx DRAFT REPORT TO MANAGEMENT I. CURRENT YEAR FINDINGS AND RECOMMENDATIONS None II. PRIOR YEAR FINDINGS AND RECOMMENDATIONS None III. COMPLIANCE WITH THE PROVISIONS OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA Unless otherwise required to be reported in the auditor's report on compliance and internal controls, the management letter shall include, but not be limited to the following: 1. A statement as to whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no significant findings and recommendations made in the preceding annual financial audit report for the fiscal year ended September 30, 2021. 2. Any recommendations to improve the local governmental entity's financial management. There were no such matters discovered by, or that came to the attention of, the auditor, to be reported for the fiscal year ended September 30, 2022. 3. Noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. There were no such matters discovered by, or that came to the attention of, the auditor, to be reported, for the fiscal year ended September 30,2022. 4. The name or official title and legal authority of the District are disclosed in the notes to the financial statements. 5. The District has not met one or more of the financial emergency conditions described in Section 218.503(1), Florida Statutes. 6. We applied financial condition assessment procedures and no deteriorating financial conditions were noted as of September 30, 2022. It is management's responsibility to monitor financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. 7. Management has provided the specific information required by Section 218.39(3)(c) in the Other Information section of the financial statements on page 20. DRAFT SECTION IX RESOLUTION 2023-04 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2023/2024 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors ("Board") of the Gardens at Hammock Beach Community Development District ("District") prior to June 15,2023, a proposed budget ("Proposed Budget") for the fiscal year beginning October 1,2023 and ending September 30, 2024 ("Fiscal Year 2023/2024"); and WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT: 1. PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2023/2024 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget. 2. SETTING A PUBLIC HEARING. A public hearing on said approved Proposed Budget is hereby declared and set for the following date, hour and location: DATE: July 21, 2023 HOUR: 12:30 P.M. LOCATION: Hilton Garden Inn Palm Coast/Town Center 55 Town Center, Blvd Palm Coast, Florida 3. TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENT. The District Manager is hereby directed to submit a copy of the Proposed Budget to Flagler County at least 60 days prior to the hearing set above. 4. POSTING OF PROPOSED BUDGET. In accordance with Section 189.016, Florida Statutes, the District's Secretary is further directed to post the approved Proposed Budget on the District's website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days. 5. PUBLICATION OF NOTICE. Notice of this public hearing shall be published in the manner prescribed in Florida law. 6. SEVERABILITY. The invalidity or unenforceability of anyone or more provisions ofthis Resolution shall not affect the validity or enforceability ofthe remaining portions ofthis Resolution, or any part thereof. 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 19th DAY OF MAY, 2023. ATTEST: GARDENS AT HAMMOCK BEACH COMMUNITY DEVELOPMENT DISTRICT By: _ Secretary/Assistant Secretary Its: _ Gardens at Hammock Beach CommunityDevelopmentDistrict ProposedBudget FY2024 Table of Contents General Fund General Fund Narrative Gardens at Hammock Beach Community Development District Proposed Budget General Fund Adopted Actuals Projected Total Proposed Budget Thru Next Thru Budget Description FY2023 3/31/23 6 Months 9/30/23 FY2024 Revenues Developer Contributions $ 80,048 $ 27,941 $ 32,482 $ 60,422 $ 80,623 Total Revenues S 80,048 $ 27,941 $ 32,482 s 60,422 $ 80,623 Expenditures General & Admini~trat:jve Supervisor Fees $ 7,200 $ 800 $ 3,600 $ 4,400 s 7,200 FICAExpense $ 551 $ 61 $ 275 $ 337 $ 551 Engineering $ 5,000 $ $ 2,500 $ 2,500 $ 5,000 Attorney $ 5,000 $ 2,308 $ 2,500 $ 4,808 $ 5,000 Dissemination $ 3,500 $ $ $ $ 3,500 Arbitrage $ 450 $ $ $ $ 450 Trustee Fees $ 4,050 $ $ $ $ 4,050 Annual Audit $ 3,300 $ $ $ $ 3,300 Management Fees $ 36,750 $ 18,375 $ 18,375 $ 36,750 $ 36,750 Information Technology $ 750 $ 375 $ 375 $ 750 $ 750 Website Maintenance $ 500 $ 250 $ 250 $ 500 $ 500 Telephone $ 100 $ $ 50 $ 50 $ 100 Postage $ 750 $ 63 $ 375 $ 438 $ 750 Insurance $ 5,822 $ 5,563 $ $ 5,563 $ 6,397 Printing & Binding $ 500 $ 6 $ 250 $ 256 $ 500 Legal Advertising $ 5,000 $ 719 $ 2,500 $ 3,219 $ 5,000 Other Current Charges $ 525 $ 351 $ 263 $ 614 $ 525 Office Supplies $ 125 $ 1 $ 63 $ 63 $ 125 Dues, Licenses & Subscriptions $ 175 $ 175 $ $ 175 $ 175 Total Expenditures $ 80,048 $ 29,047 $ 31,375 $ 60,422 $ 80,623 ~;I((;es s Revenues!fExpenditui"esJ $ $ (:1,,106) $ 1,:lJJ!;i $ $ Gardens at Hammock Beach Community Development District GENERAL FUND BUDGET REVENUES: Developer Contributions The District will enter into a Funding Agreement with the Developer to fund the General Fund expenditures for the Fiscal Year. EXPENDITURES: General & Administrative: SupervisorsFees Chapter 190, Florida Statutes, allows for each Board member to receive $200 per meeting, not to exceed $4,800 per year paid to each.supervisor for the time devoted to District business and meetings. The amount is based on 3 supervisors attending 12 meetings during the fiscal year. FICA Expense Represents the Employer's share of Social Security and Medicare taxes withheld from Board of Supervisor checks. Engineering The District's engineer provides general engineering services to the District, e.g. attendance and preparation for monthly board meetings, review invoices, etc. The District has contracted with Parker, Mynchenberg & Associates, Inc. for this service. Attornev The District's legal counsel provides general legal services to the District, e.g.attendance and preparation for monthly meetings, preparation and review of agreements, resolutions, etc. as directed by the Board of Supervisors and the District Manager. The District has contract with Chiumento, Dwyer, Hertel, Grant, P.L. for this service. 2 Gardens at Hammock Beach Community Development District GENERAL FUND BUDGET Dissemination The District is required by the Security and Exchange Commission to comply with Rule lSc2-12(b)(S) which relates to additional reporting requirements for unrated bond issues. Governmental Management Services -Central Florida, LLC provides these services. Arbitrage The District will contract with AMTEC, an independent certified public accountant to annually calculate the District's Arbitrage Rebate Liability on any future bond issuance. Trustee Fees The District will pay annual trustee fees for any future bond issuance that are deposited with a Trustee at US Bank, N.A. AnnualAudit The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm. Grau & Associates will provide this services. Management Fees The District receives Management, Accounting and Administrative services as part of a ManagementAgreement with Governmental Management Services-Central Florida, LLC. The services include but are not limited to, recording and transcription of board meetings, administrative services, budget preparation, all financial reporting, etc. In formation Technolo gy Represents various cost of information technology for the District such as video conferencing, cloud storage and servers, positive pay implementation and programming for fraud protection, accounting software, tablets for meetings, Adobe, Microsoft Office, etc. Governmental Management Services -Central Florida, LLC provides these services. 3 Gardens at Hammock Beach Community Development District GENERAL FUND BUDGET Website Maintenance Represents the costs associated with monitoring and maintaining the District's website created in accordance with Chapter 189, Florida Statutes. These services include site performance assessments, security and firewall maintenance, updates, document uploads, hosting and domain renewals, website backups, etc. Governmental Management Services -Central Florida, LLC provides these services. Telephone Telephone and fax machine. Postage The District incurs charges for mailing of Board meeting agenda packages, overnight deliveries, correspondence, etc. Insurance The District's general liability and public officials liability insurance coverage is provided by Florida Insurance Alliance (FIA). FIA specializes in providing insurance coverage to governmental agencies. Printing & Binding Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc. Legal Advertising The District is required to advertise various notices for Board meetings, public hearings, etc in a newspaper of general circulation. Other Current Charges Bank charges and any other miscellaneous expenses incurred during the fiscal year. 4 Gardens at Hammock Beach Community Development District GENERAL FUND BUDGET Office Supplies Any supplies that may need to be purchased during the fiscal year, e.g., paper, minute books, file folders, labels, paper clips, etc. Governmental Management Services Central Florida, LLC provides these services. Dues, Licenses & Subscriptions The District is required to pay an annual fee to the Florida Department of Economic Opportunity for $175. This is the only expense under this category for the District. 5 SECTION X SEellO C SECTIO 1 Gardens at Hammock Beach CommunityDevelopmentDistrict UnauditedFinancial Reporting March 31, 2023 B••IV Table of Contents Balance Sheet General Fund Month to Month Developer Contributions Schedule Gardens at Hammock Beach Community Development District Combined Balance Sheet March 31, 2023 General Fund Assets: .c..a.sh..; Operating Account $ 177 Due From Developer $ 11,113 'Total Assets $ 11,290 Liabilities: Accounts Payable $ 11,117 Total Liabilities $ 11,117 Fund Balances: Unassigned $ 174 Total Fund Balances $ 174 Total Liabilities & Fund Balance $ 11,290 Gardens at Hammock Beach Community Development District General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For The Period Ending March 31,2023 Revenues DeveloperContributions $ 80,048 $ 27,941 $ 27,941 $ Total Revenues S 80,048 S 27,941 S 27,941 S Expendjtures. GeReml & Administ;rotjvc- Supervisor Fees FICA Expense Engineering Attorney Dissemination Arbitrage Trustee Fees Annual Audit Management Fees Information Technology Website Maintenance Telephone Postage Insurance Printing & Binding LegalAdvertising Other CurrentCharges OfficeSupplies Dues, Licenses & Subscriptions $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7,200 551 5,000 5,000 3,500 450 4,050 3,300 36,750 750 500 100 750 5,822 500 5,000 525 125 175 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3,600 275 2,500 2,500 18,375 375 250 50 375 5,822 250 2,500 263 63 175 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 800 61 2,308 18,375 375 250 63 5,563 6 719 351 1 175 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2,800 214 2,500 192 (0) 50 312 259 244 1,781 (89) 62 Total Expenditures S 80,048 S 37,372 $ 29,047 S 8,326 Excess (Deficiency) of Revenues over Expenditures $ . $ (1,106) iFund Balance-Beginning $ $ 1,280 fund Balance-Ending $ 174 2 Gardens at Hammock Beach Community Development District Month to Month 0" NO" OK I_M / . h IloliI:DIl . .."': GMS..Central Florida, LLC Invoice 1001 Bradford Way Kingston, TN 37763 Invoice t#: 104 Inyolce Date: 8/1/22 DueDate: 811/22 Case: Bill To: P.O. Number: Gardensat Hammock Beaetl COO 219 E. LMngstDn St. Orlando, Fl328D1 3 Dascriptlon Rate Amount Management FeeS -August·2022 Web$ife,Adi1!lnistratlon Au. gust~02.2 Information Technology August2022Offlce Supplies Postage Copies 1,458.33 33;3;i 50.00 0.06 43:« ~,05 1.468.33 33.33 sO.OO 0.06 43.4449.05 Total $1,634.21 Payments/Credits $0.00 RECEIVED AUG 082022 Balance Due $1,634.21 Gardens At Hammock Beach Community Development Disbict Funding Request FY22-#12 September 13, 2022 General Fund Payee FY2022 1 Chiumento Law, PLLC Inv# 14514 -July 2022 2 Localiq Inv# 464679 -Notice of Meeting -7/1/22 3 Governmental Management SelVices-CF, LLC Inv# 105 -Management Fees September 2022 4 Banking Fees Please make check payable to: Gardens at Hammock Beach COD 6200 Lee Vista Boulevard, Suite300 Orlando, FL32822 $ 592.50 $ 369.84 $ 1,561.46 $ 100.00 $ 2,623.80 Total: $ 2,623.80 Chiumento Law, PLLC 145 City Place. Suite301 Palm Coast, FL 32164 r1ho _ 10....-...-..... ..IIeoI'hI ormaetitII is Dat.Ued 11mIlCt5tln wm"""a_at_""1t'Ct CI:Q;lI'dr1rtY1 !'he penon rncrJ' ..-'to ~ftI 1IKd' a VBI'IXIIfm nard 01 ItB _bl__IIIOISII· nart and ~ I.-'UI wI'1k:tt 5IJd'r lDIIIIt!ltcbllKllillCl. GomnmenIoI__ _S.Fln! c..lraI_u.c D11l1ict_ Nm5GII9 .hJIV21,AIIIU5l"zm My commision expires PublicationCost $63.65 Order No: 7540079 Customer No: 464679 PON: THlS IS NOT AN INVOICE PI=so:do m'f 113. rhL. fOl711fDl' paym."1 remit/,," #ofCopies: SARAH BERTELSEN Notary Public [ " '.S!ate of W~~J Page1of 1 GM5-Central Florida, LLC Invoice 1001 Bradford Way Kingston. TN 37763 Bill To: Gardens at Hammock Beach COO 219 E. Livingston St. Ortando, FL32801 Invoice II: 105 Invoice Date: 911/22 Due Date: 9/1/22 Case: P.O. Number: Description HourslQty Rate Amount Management Fees -September2022 1,458.33 1,458.33 WebsiteAdministration· September 2022 33.33 33.33 Information Technology -September 2022 50.00 50.00 Office Supplies 0.18 O.~8 Postage 3.42 3.42 Copies 16,?O 16.2.0 Total $1,561.46 Payments/Credits $0.00 RECEIVED SEP 12 2021 Balance Due $1,561.46 Gardens . t Hammock Beach Community Development Distrid: Funding Request FY22 -#13 October 13, 2022 Payee General Fund FY2022 GeneralFund FY2023 1 Govemmental Management services-CF, LLC lny# 106 Mise Fees -July 2022 lny# 107 • Management Fees -October 2022 $ 110.00 $ 3,175.48 2 EgisInsurance Advisors,LLC lny# 16819 -FY23 10/1/'22-10/1/23 $ S,S63.DQ 3 Supervisor Fees -september 16, 2022 William livingston CRntSmlth David Lusby Dave Root $ 215.30 $ 215.30 $ 215.30 $ 215.30 $ 971.20 $ 8,738.48 Total: $ 9,709.68 Please make check pavable to: Gardens at Hammock Beach CDD 62DO Lee VIsta Boulevard, Suite 300 orlando, R. 32822 GMS-Central Florida, LLC Invoice 1001 Bradford Way Kingston, TN 37763 Invoice #: 106 Invoice Date: 9/23/22 Due Date: 9/23/22 Case: Bill To: P.O.Number: Gardens at Hammock Beach COD 219 E. Livingston 51. Orlando. FL 32801 Description Houns/Qty Rate Amount AmericanExpressStatement-Closing7/1122· HiltonGarden Inn 110.00 110.00 Total $110.00 Payments/Credits $0.00 RECEIVED SEP 272927 Balance Due $110.00 GMS·Centrai Ftorida, LLC Invoice 1001 BradfordWay Kingston, TN 37763 Bill To: Gardensat Hammock Beach COD 219 E. Llvlngston St Or1ando, FL32801 Invoice #: 107 Invoice Date: 1011/22 Due Date: 1011122 Case: P.O. Number: Description Hours/Qty Rate Amount Management Fees-October2022 3,062.50 3,062.50 WebsiteAdministration -October2022 41.67 41.67 Information Technology -October 2022 62.50 62.50 OfficeSupplies 0.45 0.45 Postage 6.86 6.86 Copies 1.50 U lO Total $3,175.48 Payments/Credits $0.00 Balance Due $3,175.48 RECEIVED OCT 12 7022 I VOl E CU2C:;. . ::, Gardens at Hammock Communlty Development District 261 0 Custome .. :!1J 09/1212022 Kristina Rudez .......~..1 of 1 ~ ormatto n $ 5,563.00 Gardens at Hammock Community Development District lPaymel1t Amount clo Government Management Services, LLC ~ ~ ~_ r: Payment for: Involce#16819 219 E Livingston St 100122488 Orlando, FL 32801 Thank You Please detach and return with payment Customer: Gardens at Hammock Community Development District -.. '" •~ • ~ ,. •• o.scrllitfon Policy#100122488 10/0112022-10/01/2023 FloridaInsuranceAlliance POL,EPLI,EBL,Herb & Pest· Renew policy Due Date: 911212022 RECEIVED SEP 1i 2012 &Ink 01AmBtics LockbcJc SorvIcos, LDcI _mn. __ I"Dls1l'ld ~_~_1'IInTll'l1Ml _ ...,.crlbyvt'llflrvth!tDisiric:rs _ .. ........-01_ .......-...... ThoMlIc_amI_ .... _ ..... _lIIldwllbe_ln """"""",,_,,,"_Of~_. bw. Tho""'-"_no and_ ..... be oantIJNed reo 0 daIt.tfJ'rlB, an:I Place too II! IiIBfIlIdIII thI rIDI'd at ..... meelJnD. "nw:re I'l1D\' 1B aa::usIms MI!n Board _bY__ Suo'WcnO" Dl!trk:tSlQlfrTICIY IJGI'Ii:Ii. AnvPnm nIQl1I'ltvSlledD:l oa:ommDdo t\cnIotll'l1a~DtO:lII:!Iaalfal:llslblfo. 1IV ... ~_""'Id_ "' OIII:eat_ _t""....._ .............. If ya,.I CLr1I lBI1r1I or IIlII8d\ ir't"IDrwct, ...... ...-1Ill!F__SoNIoe ." dklI'ng 7·'·1,ar J.D..moBJll CTTY./la __lVaIall.forllldln_ OltD;skld -..soma..bY1ho _ EodI ,"_anv ta otb""bIIc _"'_Ja__...... wllrllB1ol'l!all"dat~MCltbot _y.tte_.-......... ensure '!hat Q YIlrIXItIm reax'd ~ me _;s_IrtusethL./orm/orpaymel1lremillu"t:..--•.S2te of w~~sin .....J Page1of 1 Florida Department of Economic OpportunitY, SpeclarDistrict Accountability Program FY 202212023 Special District Fee Invoice and Update Form Required by Sections 189.064 and 189.018, Florida Statutes, and Chapter 73C-24, Florida Administrative Code Invoice No.: 86986 Date Invoiced: 10103/~ Annual Fee: $175.00 . Received: $0.00 Totai Due Postmark8d b 1210212022: $17: STEP 1: Review the followIng information, make changes directly on the form, and sign and date: 1. Special District's Name, Registered Agent's Name, and Registered Office Address: Gardens at Hammock Beach Community Development District Mr. George S. Flint Governmental Management Services -Central Florida, LLC 219 East Uvlngston Street Orlando, FL 32801 2. Telephone: (407) 841-5524 RECEIVEn 3. Fax: (407) 839-1526 OCT 14 2022 4. Email: gflint@gmsct1.com 5. Status: Independent 6. Governing Body: Elected ____ 7. Website Address: www.GardensAtHammockBeachCDD.com 8. County(ies): Flagler 9. Function(s): Community Development 10. Boundary Map on File: 02112/2007 11. Creation Document on File: 0211212007 12. Date Established: 10109/2006 13. Creation Method: Local Ordinance 14. Local Governing Authority: Flagler County 15. Creation Document(s): County Ordinance 2006-21 16. Statutory Authority: Chapter 190, Florida Statutes 17. Authority to Issue Bonds: Yes 18. Revenue Source(s): Assessments 19. Most Recent Update: 10/0112021 I do hereby certify that the information above (changes noted if necessary) is accurate and complete as of this date. Registered Agenrs Signature : ~'---Date I .. l~~-STEP 2: Pay the annual fee or certify eligibility for the zero fee: a. Pay the Annual Fee: Pay the annual fee online by following the instructions at www.Floridajobs.orglSpeciaiDistrictFee or by check payable to the Department of Economic Opportunity. b. Or. Certify Eligibility for the Zero Fee: By initialing each of the following items, I, the above signed registered agent. do hereby certify that to the best of my knowledge and belief, All of the following statements contained herein and on any attachments hereto are true, correct, complete, and made in good faith as of this date. I understand that any information I give may be verified. 1.__ This special district and its Certified Public Accountant determined the special district is not a component unit of a local general-purpose government. 2.__ This special district is In compliance with the reporting requirements of the Department of Financial Services. 3.__ ThIs spedal district reported'$3,OOO or less in annual revenues to the Department of Financial Services on its Fiscal Year 202012021Annual FinancialReport(ifcreatedsincethen, attach anincomestatementverifying$3,000 or less inrevenues). Department Use Only: Approved :__. "Denied: __" Reason: _ STEP 3: Make a copy of this form for your records. STEP 4: Mall this form and payment (if paying by check) to the Department of Economic Opportunity, Bureau of BUdget Management, 107 E. Madison Street, MSC 120, Tallahassee, FL 32399-4124. Direct any questions to (850) 717-8430. FLORIDA DEPARTMENT" ECONOMIC OPPORTUNITY ,-. . .. Gardens At Hammock Beach Community Development District Payee 3,587.67 1 Governmental Management 5ervices-CF, LLC Inv# 108 -Management Fees-November 2022 2 Localiq Inv# 503n92 -Notice of Meeting· 10/2022 Please make check payable to: Gardens at Hammock Beach CDD 6200 LeeVista Boulevard, Suite 300 Orlando, FL 32822 Funding Request· #15 November 16, 2022 Geneml Fund FY2023 $ 3,166.79 $ 420.88 $ 3,587.67 H GMS-Central Florida. LLC 1001 Bradford Way Kingston, TN 37763 Invoice Bill To: Gardens at Hammock Beach COO 219 E. Livingston St Orlando, FL32801 Involc:e t#: 108 Invoice Date: 11/1/22 Due Date: 11/1/22 Case: P.O. Number: s Description Hours/Qty Rate Amount Management Fees -November 2022 WebsiteAdministratiOn -November 2022 Information Technology -November 2022 Postage 3,062.50 41.6~T 62.50 0.12 3,D62.5O 41.67 62.50 0.12 Total $3,166.79 Payments/Credits $0.00 Balance Due $3,166.79 RECEIVED NOV 082022 1 ACCOUNT NAME IACCOUNT' 1PAGE" I GardensAtHllmmockBeactl •__~19. _ ~ 1NVOlCE# BU.UNGPER..!OD -r PAYMENTDUEDAlE TheDaytonaBeach News-Joumal 0005037292 Oct 1-Ocl Sl, 2022 November 20.2022 Daytona Pennysaver PREPAY UNAPPLIED (Mftlo Info) (IncludOd In amt due) lOTAL AMOUNT DUE $0.00 $0.00 $1,219.40 -----!----....:..;..-----I BlJJNG ACCOUNT NAME AND ADDRESS BILUNG INQUIRIES/ADDRESS CHANGES I FEDERALID t-877-731l--7612 or smb@ocx:.gal1ll!llt.com .(7·2390983 I Lelllll EnUl.y: GannettMediII Corp. Gardens At Hammock Beach TenlIS IIIQ Condlllone:Palltdue80CDUlIlB IU'IIsub]ecllo InIJlIeat at the 219 E. LivingstonSl rate of 18% Jlllf BnIllll11 or !he maximum legal rate (whichllVer ls Iesll). Atl>iet1l8er CIllims fOr8 uedll IllleIBdto rates 1nCll~ Involcad or paid Orlando,FL 32801~1508 mustbeIlIIbmilledInwrItInQ10Publisherwithin 30daysof th& ln1IOlce dais or l!I8 claim \iliA be waived. My eledillllwarda future edYe!lIaing must be 1111111111111,11"111,11111.111111111111111111111111111111,111111 usedwilhln 30dll)'llofi:lsua1lCllor Ihvuedil wlII be forfell8d. AD funds ..,.bI& InUSdalllus. ODDD~b~b7~ODODOCDDOODDDSD3729200121940b7241 :-=--_--.:_-----------. [ Starting In october ad placements WIll be assessed a monthly creative processing fee to cover fees associllted with award -winning al:i design, toning, imaging, and sizing. Previous Account Number. USWJ. ,O(l~_ Date DescrIption Amount 1011122 Balance Forward $786.80 10131122 FiIl8l108 Charge $11.72 -=-------- .Par;Ia;ge~g: . Slart-End DWl Order Number DescrIPtion PONumber Package COst 912B122 7963874 Gardens of HammockBeech FY23 Meeling $31.68 Sd1edule 10/28122 7954351 7954351 , NOTICE OF ELECTION 1008098 $38920 , '."__ -. ._ _ ._ -. _ _ _ • __ -•••-. ..,._ 1IIIIl~ ·"-_. _.__ , ' ..0 _ ._ . PLEASE DETACH ANDRETURN THIS PORTION WITH YOUR PAYMENT The Daytona BeachNews-Journal ACCOUHT NAME Gardens At Hammock Beach ACCOUNT NUMBER --r LI PAYMENTDUEDATE November20.2022 INVOICE NUllSER Daytona Pennysaver 464679 ~ 0005037292 CURRENt iiiDiVS eo DAYs-'--I-90iiAYS-"1 t!O+DAYS'I-~U:-::KAPPLI=:::--iiJ"' ~AL.AMOUNTDUE I DUE .~~ !)UE. .~!r I?~~ ~!'S'f DUE I PAST DUE 1 PAYMENTS $432.60 $5.55 $411.41 $369.84 I $0.00 j $0.00 $1.219.40 REMITTANCE ADDRESS {!JIclulIeAqoojmllJ&'-oncll«:lil ---, TO PAYwmt CRI:£llTCARD PLEASE l"IU.ou'rBELOW: I D VISA 0 MASTERCARD 0 DISCOVER 0 AMEX I Daytona BeachNews-Journal P.O.Box 630476 Card Number J Cincinnati,OH45263-Q476 ExpData __'__' _ CWCode 'Signature Dale -_.------- OD004b4b7'ODODODODDODD0503729~DD121940b7241 RECEIVED NOV 162012 THE FLAGLER/PALM COAST NEWS-nmlJNEP.O.Box630476, Cincinnati, OH4526J.0476 PROOFOFPUBUCAnoN StacieVanderbilt LandingsCOD 219 E Livingston ST OrlandoPI..32801~1$08 STATE OFWISCONSIN, COUNTYOFBROWN Before the undersigned authority personally appeared, who, on oath says that he/she Is LEGAL COORDINATOR of The Flagler/Palm Coast NEWS-TRIBUNE, a weekly newspaper, published in Flagler County, Florida; that the attached copy of advertisement, being a Govt Public Notices in the Court, was published in said newspaper in the issues dated or by publication on the newspaper's website, if authorized, on: 09/28/2022 Affiant further says that The Flagler/Palm Coast NewsTribune is a newspaper published In said Flagler County, Florida, and that the said newspaper has heretofore been continuously published in said Flagler County, Rorida each Wednesday and has been entered as second-class mall matter at the postofficeinsaidFlaglerBeach,Insaid Flagler County, Florida,for a period of one year next preceding the first publication ofthe attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication In the said newspaper. Subacribedandewom to ~ LcgalClcdc Notary, state of ".:,(" .untyofBrown ____ ;.... , 7/Z7/2S My commisicm. expires Publicetion Cost: $31.68 OrderNo: 7820959 # ofCopies: Cus1x:lmer No: 830528 1 PO#: NOTICE OF MeeTINGS GARDENSAT HAMMOCK BEACH COMMUNITY DeVELDPMENT DISTRJC1' FlIi:alV-JIlZI Iv; requ'reef bl' CIqIIer 1lIO FIarida 51aIuIoso _ II bellll1 ...... thai thio _ of _ a11he G _1tie ~ time """_ of_ rnlaIJnas, __ may be_ to 0_ tIme. ard '*"" tolle.....-an IhIt ""'""" at ftIe Il1E!lIIi'u. llWe maY lie ........... __ II' ....... SIIJ2r'VIlilI'Swin IllrII_bvlole ........ _1liiio__tolhltllll9llh9 _ of tile COVll>19 llUbIiC tWth _.It may be.-v to hold 1lle-.. reIen!nCI!d meeIll1II& ~ camm...._ media 1lI:Iu1lkIIIr In _10 praIBct 1Ile""'nh ard _ of tllepo.llllc: ... _at... _1llMII 111'-._ 1luI1he__ RfI. _ ........ To 1NlI8'lIl. _ wIIh1ng to IllII1ll:IPa1ll In ouch ..-rm _ _ ttw CisIrtI:t ---. 0IIIat PI10r III eactl .......... 11> eontImI 1Ile CIlI'l_ morinII aa:eas__ -_. rorrne __: _l1lOI'mlIIrIaIlllD-._ MWI.IJCI1Iti&sallKi,.ao:::kttu:1w::dc1.ct1n Anv no"1 0:1~ r 3.42 3.42 Post8JJe 1'J,.-. 1.05 t ,05 CopIes.lfZS Total $3,171.32 Payments/Credits $0.00 Balance Due $3,171 .32 Cbiumento Law, PLLC 145aty Place. Suite 301 RECE~VED Palm Coast, PI. 32164 41.61 41.6t W~te Administration" January 2923 ~'f? . 62.50 Information Technology -January 2023 3S1 . 62.50 3:60 3:60 CoPies.., t.s 110.00: 110:00 American Express -Statement Closing 10/2122 -Hilton Garden Inn 31 .~ 1t1 Meeting Room ~ '__ -M __"_ _ ',,":,• --t. ....L-l-_ Total $3.280.27 Payments/Credits $0.00 Balance Due $3.280.27 GMS-central Florida, LLC Invoice 1001 Bradford Way 'Klngston, TN 37763 BIUTo: Gardens at Hammock Beach COD 219 E. livingston St Ortando, FL32801 Invoice t: 111 Invoice Date: 2/1/23 DueDate: 2/1/23 Case: P.O.Number: Description HourslQt:r nt Man"gemenl Fees-February 2023 3,062.50 3,062.50 W~~~"~.:.Adl1i!nlStration -FelxUai)t'~?3 41.67 41.67 .Information Technology -February 2023 62.50 62~50 ~.. §uPPliQs 0.18 O.~~ Postage 51.55 51 .55 RECEIVE Total $3.218.40 Payments/Credits $0.00 Balance Due $3,218.40 ACCOUNT NAME ACCOUNT 11 PAGE' Gardens At Hammock Beach 484679 10f1 - PAYMENT DUEDATE SIWNG PERIOD INVOICE' . .. The DaytonaBeach News-Journal 0005202693 January20, 2023 ~1-~31.2022 Daytona Penny'saver PREPAY UNAPPUED TOTALAMOUNTDUE! (Memo Info} (includecUn amt due) $0.00 $0.00 $294.02 BIWNGACCOUNT NAME AND ADDRESS BIU.ING INQUIRIES/ADDRESS CHANGEs FEDERALID 1-877-73S-7612 or6I11b@ccc.gannettoom 47-2390983 Legal EntIty: GannettMealS Corp. GardensAtHammock Beach Terms and Cond1Uons: Pat! dll8 accounts are subjllC! 10Interest at the ra1D of 18% per annum or the maxlmum legal rate (whlchever Is len). Advertiserdalms l\lr a credlt reIaled10rat&s IllCOII'eetly InvoicedorJlllld 219 E. LMngstonSt. !~Orlando , FL 32801-1508 mustbe submlttad InwrfIing10Publisherwithin30daysoftheInvoicedale orlhGClaim wmb9waived.AnycrudlltowardsfUtureadVertisingmustbe ~'IIII IJ IIII1111111.1111111111111111,11'111,11111,111111111111111'1 usedwllhln SO daysof Issuanceor the creditwiD be forfeited. All fUnds payable In US dolJara. T OIJOOlfblfb79DDDDDDODgDODD52D2b'3DOD2'=tlJD2b7~42 '0sign-upfor E·mailed InvoIces and online payments please cOntact abgspeelal@gannett.com. Previous acCount number: IBN.•~@tlBOJ'!~ '0 _ ~te Description A~unt !l1/22 BalanceFOIW8rd $899.83 1/5122 ,RAYMENT·lHANKYOU -$832.29 'f!t:kiJgeAdvertising: , ~rt-End Date Order Number De,crlptlon PO Number PackaUe Cost 1218122 3164898 $226.48 'j J).. " ._ ._~_ _i!lM _ ._....:_ ._ -_--_._'''_'_0-_ ~_ .. -~.-__._' " '" "_'"__.", _ _._ _ __ _._ PLEASEDETAC,HANDRETURN THISPORTIONWITHYOUR PAY~ENT • CA tie,Qaytona Beach News-Journal . Daytona Penl'l)'saver ACCOUNT N,wE GafdensAt Hammock Beach PAYMENT DUEDATE JanueUy 20, 2023 AMOUNT PAID ACCOUNT NUMBER 464679 INVOICE NUMBER 0005202693 CURRENT , ~ DUE il 226.48 'I., 30DAYS PAST DUE $50.27 60 DAYS PASTDUE $11.72 90 DAYS PASTDUE $5.65 120+DAY8 PASTDUE $0.00 UNAPPUED PAYMENTS $0.00 TOTAL AMOUNT DUE $294.02 lE~{rTANCE ADDRESS (lllCludloAooouftUl & Invollldon oIIecll3 f'· It Daytona BeachNews-Joumal P.O. Box 630476 Cincinnati, OH 45263-0476 • 0> ~---• • TO PAY WITHCREDITCARDPLEASEFILL OUTBELOW: tlVISA 0 MASTERCARD 0 DISCOVER 0 AMEX I CardNumber ----------------- ExpDate SignabJre o .~ ·.';· ~ >:'~~l .•.. .~' ~~~ 't~U~2 \Jf,~.f r.;1 '-_",H H H it:!. I ..•.~ . ---~--_ .' ....--_ .. i ~ ..----""". ;~~~· · ·:~"A s: ~~ . ~L;~~ . I ""'.' . ...... I I. ... i ,': The Dayto~ Beach News-Journal Daytona Pennysaver Account Number: 464679 Customer Name: Gardens At Hammock Beach Customer Gardens At Hammock Beoch Address: 219 E Livingston ST Orlando FL 32801-1508 Contact Name: Cori Urrutic Contact Phone: Contact Email: currutic@gmscfl.com PO Number: Date: 1210612022 Order Number: 8164896 Prepayment $ 0.00 Amount: Column Count: 1.0000 Line Count: 49.0000 Height in Inches: 0.0000 Pr.lnt Product #Insertlons Start-End CategOry DTB Daytona Beach NewsJournal DTB news-iournalonline.com 1 1210812022 -1210812022 1210812022 1210812022 Govt Public Notices Govt Public Notices I -':~I Order Confirmation 1$226.48 --_ I 112 • ",~t' • ,~ ,~ ~\. .i, ...... -: ....~ i~'F'\ ~t~;~ ,~; I.,;~.. ~". ' I II-. Ad Preview:' :,~ I;~ r: .., ,.' t~· ..~ \ 'W ,~ 't, f.;' :it. ~: , NOTICE OF MEETING GARDENSAT HAMMOCK BEACH COMMIJNITYDEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Gardensat Hammock Beach Community DevefOPlTlent District wlll be tield on FridaY, December 16, 2D22, at 12:30 PM. at the Hllltln Garden Inn Palm CoastlTown center, 55 Town center Blvd., Palm Coast, Florida. The meeting is open to the pUblic and will be conducled In accordance with the provl· slons of Florida Law for Community DevelOPment Districts. A OOPV of the agenda for this meetingmay be obtained from the District Manager, at 219 East livingston street, Orlando, FL 32801. This meeting may be continuedtoa dale, time, and place to be sPeCified on the reOJrd at the meeting. There may be occasions when one or moreSUPervisors, Staff or otherTndivldt1aIs will participate by telephone. Pursuant to the provisions of the Americans with Disabilities Act, any person requTring specTal acc.ommodatlons 10 participate in 1I11s meeting is asked 10 OOvlse the District Office at least fortyeight (48) hours prior to the meeting by contacting the District Manager at (407) 841-5524. If you are hearing or seeech ImPCllred, Please con1oct the Florida Relay service 1-3l11-9S5-877O, for aid in contacting the DistrictOffice. Each person who decides to oppeal any actionfaken at these meetings is advised that person will need a reoJrd of the proceedings and that OCCQrdingly, the person may need to ensure that a verbotim record of the proceedings is mode, including the testimony and evidence upon which such appeal is to be based. George S. Flint Governmental Mana!J9l'T1ent services-central Florida, LLC DistrictManager Ni/8164896 1~ 1t ..... .,, ~ Gardens At Hammock Beach Community Development District Funding Request -#18 March 22, 2023 General Fund Payee FY2023 1 Governmental Management SelVices-CF, LLC Inv# 112 Management Fees March 2023 $ 3,167.30 2 Chiumento Law, PLLC Inv# 16095 -General Counsel -February 2023 $ 126.00 3 Daytona Beach News-Journal Inv#0005381829 Notice of Meeting -February 2023 $ 27.08 $ 3,320.38 Please make check payable to: Gardens at Hammock Beach CDD 6200 Lee Vista Boulevard, Suite 300 Orlando, FL32822 GMS-central Florida, LLC Invoice 1001 Bradford Way Kingston. TN 3n63 Bill To: Gardens at Hammock Beach COO 219 E. Livingston st Oriando, Fl 32801 Invoice #: 112 Invoice Date: 3/1/23 Due Date: 3/1/23 Case: P.O. Number: Description Hours/Qty Amount Management Fees -March2023 :>~ ,WebSifeAdministration Marcti" 2023 ·· 3"f'2. Informaflcm-teChnoioQy -March 2023 s '":>, lQ.fjipe SlJPRti~ ~ I Postage 4'2.3.062.50' 41A't 62.50 0:03: 0:&)' . 3,062.50 . 41.67 62.50 Q.()~ 0.60 Total $3.167.30 Payments/Credits $0.00 Balance Due $3,167.30 Chiumenlo Law, PLLC 145 City Place, Suite301 PalmCoast,F1. 32164 ~CHIUMENTO LAW Email:chiumento@legalteamforlife.com Office: (386) 445-8900 www.legaltearnforlife.com 10 Bill to: INVOICE Gardens at Hammock Beach Community Development District To February 28. 2023 (CDD) ciaGovernmental Management Services -Central FL Invoice Date March 13, 2023 6200 Lee Vista Blvd Invoice Number 16095 Suite 300 Due Date Due Upon Receipt Orlando, FL 32822 Invoices@gmscfl.com Gardens at Hammock Beach CDD-General Representation 190581 Account Summary Previous Balance Payments Received Outstanding Balance Current Invoice Gardens at Hammock Beach CDD-General Representation -Prepaid Balance $3,255.75 $0.00 $3,255.75 $126.00 $0.00 TotaIDue $3,381.75 Pay Online Click the link or scan the code with your device to pay online. https:/lfinncentral.westlaw.com/ plly/3B2YXGF Payment Transactions Date Type Invoice # Description Amount NQ payments have been made on this account. Page 1 of2 Gardens at Hammock Beach eDD-General Representation March 13,2023 Fee Detail Date Description Hours Rate Total 2/9/2023 MC ~rdinated !!}ee!ing;, ~lTespondence with 0.30 $420.oo/hr $126.00 George Flint regarding status, Hours Total 0.30 Fee Total $126.00 Expense Detail Date Description Quantity Rate Total No expenses have been charged for this invoice. EllJICIlSllS Total $0.00 Fees $126.00 Expense $0.00 eDlTeDt Doe $126.00 Outstanding Bal8nce $3,25S.15 Tota1Due $3,381.'75 Timekeeper Summary Timekeeper Hours Michael Chiumento III Total Hours 0.30 Page2of2 The Daytona Beach News-Journal Daytona Pennysaver ACCOUNTNAME GardensAlHammock Beach PAGEtI 1of1 ACCOUNT # 464679 INVOICE # 0005381829 BILLING PERIOD Feb 1-Feb28.2023 PAYMENT DUEDATE March20. 2023 PREPAY (Memo Info) $0.00 UNAPPLIED (Includeclln amtdue) $0.00 TOTAL AMOUNT DUE $321.10 BU.UNG ACCOUNTNAMEANDADDRESS BILLING INQUIRIESlADDRE6e CHANGES 1-877-736-7612 or6Il1b@ccc.llannellcom FEDERALID 47-2390983 GardensAt Hammock Beach 219 E. Livingston St. Orlando, FL 32801-1508 1111'111111''hlll'I-1II1t1111111111111'111111111111111111IIhl ll .3\. '-\'8 Legal EIIl1ty: GannellMedlaCo/p. Terma and Conditione: Past due ec:counle Sill aubjBCt 10Interest at the rate of 18% per annum or the maxlll1llm legal Illte (wIliehever Is loS). At!vertlser claims for a credll relatedto ratee Incorrectly involced or paid mustbe SUbmitted Inwritingto Publisher within 30days of lhBInvolce dale or tho claim Win be waiVed. Nly Cl'lldlllcwanla fulUre advertising must be usedwithin30 days c:lleauance or !he creditwm be forfeIllld. All '"IldS pa)'8bleln US dollar8• DD004b4b79DODDDDDDDDOOD53818290003211D67248 TOsign-upfor"E,;"nailedInvoicesand onlinepayments pleasecontactabgspecial@gannetLcom.PrevlOU6accountnumber: mJtI_uoO;;Jm~.. Date Description Amount 2/1123 BalanceForward $294.02 Pac/ragB Advertising: ". Slart-End Date Ordlll' Number Descrlpdon PO Number PackBge Cost '11/23 8372448 2117 Board of Supervisors Meeting $27.08 110'-0{805 ,..,e6n...,~ ....-_......__" 0_-._"__-__._...._. . ...._°_°__. ... ._. .__..._" "_ . . . PLEASEDETACHAND RETURN THISPORTION WITHYOURPAYMENT ACCOUNTNAME PAYMENT DUEDATE AMOUNT PAID Gardens AlHammock Beach March 20. 2023 INVOICENUMBER Daytona Penl1YS8'H!' ACCOUNT NUMBER 1118 Daytona Beach News-Journal 464679 0005361829 CURRENT 120."DAYS ". "UNAPPLIED 90DAVS 30 DAYS 60 DAYS TOTAL AMOUNT DUE PASTDUE DUE ~~Igy'E P~T"D~E PAn,E~ ~~~~ $27.08 $0.00 $226.48 $50.27 $17.27 $0.00 $321.10 REMITTANCE ADDRESS (InclIIdeAccaun1tI & ImtoIcet on clle<:kj TO PAY WITHCREDITCARD PLEASEFILL OUT BELOW: o VISA 0 MASTERCARD 0 DISCOVER 0 AMEX Daytona BeachNews-Journal P.O. Box 630476 CardNumber Cincinnati, OH 45263-0476 Exp Date CWCode Signature Dale THE DAYTONA &EAtH NEWS-JOURNAL P.O. Box 630476, Cincinnati, OH45263-0476 PROOF OFPUBLICATION Carl Urmfu: Gardens At Hammock Beach 219 E Livingston ST Orlando FL 32801-1508 STATEOF WISCONSIN, COUNTYOF BROWN Beforethe undersigned authoritypersonallyappeared, said legalclerk,who,onoathsaysthat he/sheIs LEGAL COORDINATOR of TheNews-Journal, adailyandSunday newspaper, published at Daytona Beach In Volusia and Flagler Counties, Florida;that the attached ccipy of advertisement, beinga GovtPublicNoticesInthe Circuit Court,was published Insaidnewspaper inthe issues dated or bypublicationonthenewspaper's website,ifauthorized, on: 12/08/2022 Affiant further says that The News-Joumallsa newspaper published at Daytona Beach, in saidVolusia County, Florida, and that the said newspaperhasheretofore been contInuously published in saidVolusia County, Florida each dayandSundayandhasbeenenteredassecond-class mail matter at the post office in DaytonaBeach, InsaidVolusia County, Florida,for aperiodofoneyearnext precedingthe first publicationoftheattachedcopyofadvertisementjand affiantfurther saysthathehasneitherpaidnorpromised anyperson, firm or corporation anydiscount,rebate, commission or refund for the purpose of securing this advertisement-for publication In the said newspaper. 5'''''''''' ,"'swom to ......~, LegalClerk ; CoUlityo 2/27~ My commlsion expires . Publication Cost: $226.48 Order No: 8164896 # of Copies: CustomerNo: 464679 1 PO#: TIllS IS NOT AN INVOICE! Pleasedonotuse thisfonnfor payMent remitliJllce. NOTice OF MEETING GARDEHS ATHAMMOCK BEAOi COMMUNITY DEVELOPMENT DISTRICT The regular meeting Of lhe Boan:l Of S\JIleI'VISCI" of theGanlerJ5 at tkImmock Beach CIlITUrllmlty Dewlopmllllt Ols!rlcl wHi be held m Ftllbv. December 16, 3l22,at 12:30PM. at the Hi1tcn Garden 1m Palm CoastITawn Cllnflr, 55 TllWI\ Cen1er Blvd., Palm Coast, Flm1da. The meeflf19 Is lIPBI1 to1he PUblic and will be condUded in llCaJl"l1ailCl! with the pnM •slans Of FIDrida Law for CDmmunltV ~ DisIrids. A C11W of 1he lJIJeflda for ltIls meeting maybe obtained frDm the DIs\rid Manager, at 219 East U~~~~,O~FLmm.Th~ meeling may be allltiraJEd toa dale, time, and PIac:e tobe l5Il8CIfIed mille rKlIf1f at the meeIfng. There may bB DClXlSions when Ill1ll or mllI'e SU\WVisllrS, staff or offler lncIivilfII. Ills wlIl participateby telellhone. Pursuant to the Ill"OVIsIons Ofthe Ameri( OIlS With DisabilitieS M. 1lIIY PI!I'SllI1 requiring sPBtloI CIClCllI'YIITllldaIlons Ie PClrtiCIPate In this meeting Is asked Ie advise the DIstrict Office at least ~ eight C4B) hours lXior Ie themeeting by aJn1acIing 1he District ~at (401) 00-5524, If YllU are hearing or speech IIl'll'Cllred. please contact 1IIe Florlcla RelaY service 1~ fer aiel 10 lXlI11actIng the Dislrid 0fIIce. Each perr,on who declcles to 0JlIleQ1 any rxtlontaken of theSe rneelin9S i$ adVised that person win need a I"l!CIlRI Of the I'rClCIeed!ngs aid that oc:alrdlll9lv. the Ilef'5CtIIllnY med 10ensure 1tIata veri» ffm record of ft'e PI'OCl!eCfIl'1ll5 Is mcde. Inchdlll9 the testlmanv and Il\Ildenal UPOIl which such CAll!lll is tobe based. Gear!Ie s.FUnt GovemmenIaI Ma:magement Servlc:es-CenIraIFlDrfda. LtC DistrictManager NII8164Il96 1~ It SAR.A.H BERTELSEN Notary Public State of Wisconsin S"'~~"''''L ''''' oJ Page1of 1 SECTIO 3 Kaiti Lenhart *: FLAGLER COUNTY SUPERVISOR OF ELECTIONS 1769 E. Moody Boulevard, Building 2, Suite 101 * PO Box 901 * Bunnell, Florida 32110-0901 Phone (386)313·4170 * Fax(386)313-4171 *www.FlaglerElections.gov April 26, 2023 Stacie M. Vanderbilt Gardens at the Hammock Beach CDD 219 East Livingston St Orlando, Florida 32801 RE: CDD Registered Voters Dear Stacie M. Vanderbilt: Per your request, in accordance with the requirements of Chapter 190(3)(a)(d), the total number ofregistered voters for the following Community Development District as of April 15, 2023 is: Gardens at the Hammock Beach Community Development District: 0 If you have any questions or require any further assistance, please contact this office. Kaiti Lenhart Supervisor of Elections RECEIVED APR 2 7 2023 GMS-CF,LLC