GREENEWAY IMPROVEMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS
The Board of Supervisors' Meeting for the Greeneway Improvement District was called to order on Tuesday, July 17, 2018 at 3:00 p.m. at 6900 Tavistock Lakes Blvd, Suite 200, Orlando, Florida 32827. Members listed below constituted a quorum.

Richard Levey Damon Ventura Cristyann Courtney

Also attending:

Jeff Newton Larry Kaufmann Tucker Mackie Jennifer Walden Hank Fishkind Lynne Mullins Stephen Flint

SECOND ORDER OF BUSINESS

Chair
Assistant Secretary Assistant Secretary

Donald W. McIntosh Associates Construction Supervisor Hopping Green & Sams Fishkind & Associates
Fishkind & Associates Fishkind & Associates Tavistock Development

Public Comment Period

Mr. Levey explained that there is a public comment period for any matters related to the agenda. He noted that there were no members of the public present.

THIRD ORDER OF BUSINESS		Consideration of Minutes of the June 19, 2018 Board of Supervisors' Meeting
Board Members reviewed the minutes from the June 19, 2018 Board of Supervisors' Meeting.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the minutes of the June 19, 2018 Board of Supervisors' Meeting, as presented.

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FOURTH ORDER OF BUSINESS		Consideration of Resolution 2018-10, Approving and Annual Meeting Schedule for Fiscal Year 2018-2019
Ms. Walden explained that District staffrecommends that the District keep the 3rd Tuesday ofeach month at 3:00 p.m. at 6900 Tavistock Lakes Blvd, Suite 200, Orlando, Florida 32827, for the Board of Supervisors Meeting and that the Construction Committee for Boggy Creek, Greeneway, and Myrtle Creek IDs also keep their schedule for every other week at 3:30 p.m. at the office ofDonald

W. McIntosh Associates, 2200 North Park Avenue, Winter Park, Florida 32789.

for the Greenway Improvement District approved Resolution 2018-10, Approving an Annual

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

Meeting Schedule for Fiscal Year 2018-2019.

Mr. Levey requested that Ms. Walden email the meeting notices to the District staff, Board and District email addresses.

FIFTH ORDER OF BUSINESS		Ratification of Term Sheet dated June 18, 2018 between the District and Florida Community Bank, N.A.
Mr. Levey noted that there are slight modifications to the Te1m Sheet (Minutes Exhibit A) and asked Dr. Fishkind to present it. Dr. Fishkind explained that the cost of the Bank Counsel was negotiated down to $10,000.00 and there were some requests that the District add a provision to provide to the Bank the Assessment Methodology and Engineer's Report. He noted that there is no material change compared to the Term Sheet that was previously authorized. Dr. Fishkind requested that the Board ratify the Term Sheet and keep the date of the approval the same since there has been no material change. Mr. Levey explained that authority was delegated to the Chair to approve the Te1m Sheet at the last meeting. He added that he signed the original Term Sheet so a motion to ratify this Term Sheet is needed today.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greenway Improvement District ratified the Term Sheet dated July 3, 2018, between the

District and Florida Community Bank, N.A.

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SIXTH ORDER OF BUSINESS		Consideration of Financial Advisory	Agreement Supplement for the Series 2018 Greeneway Note
Dr. Fishkind stated that Fishkind & Associates, Inc. has a Financial Advisory Agreement with the District as does PFM and we decided to divide the tasks relative to this transaction so that Fishkind & Associates would be providing the structuring and placement services. He further noted that if he brought a transaction that was beneficial to the District, the District would negotiate what the compensation would be. He stated that the fee is .75% or 75 basis points and the standard fee for placement is 1- 1.5 %. PFM has provided an opinion that this is a good deal for the District and it is within parameters. Dr. Fishkind explained that the size of the Note has gone down to
$25,000,000.00 so that the amount of the fee at 0.75% would be about $186,000.00 and there were no other changes. Mr. Levey asked if Mr. Byrnes reviewed the fee structure Dr. Fishkind responded yes.
Dr. Fishkind explained that when the District started to negotiate the facility they were hoping to have five years ofcapitalized interest. Bond Counsel is not comfortable with this as he feels it does not meet tax law requirements. Bond Counsel noted that he would be comfortable with a three­ year construction period and one year of additional capitalized interest giving the District four years ofcapitalized interest. The District can still defer the term of the Note for the full five years. Dr. Fishkind stated that the transaction is very beneficial to the District compared to issuing Bonds.

the Series 2018 Greeneway Note, noting that the size of the Note is going to be $25,000,000.00.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greeneway Improvement District approved Financial Advisory Agreement Supplement for

SEVENTH ORDER OF BUSINESS		Consideration of Resolution 2018-11, Re-Setting the Date, Time, and Location of the Public Hearing on the Proposed Budget for Fiscal Year 2018-2019
Ms. Mackie explained that at the last meeting the District started the 170 process because of increased cost and because of identification of different product types which are going to change the density that was imagined back when the District initially initiated its first 170 process. As a result of that increased density that the Board will consider at the August meeting, when applied
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to the O&M Methodology, the assessment gets spread over more units. Mr. Levey noted that the recalculation would allow for no increase on the O&M Assessment.
Ms. Mackie explained that Resolution 2018-11 deals with the hearing set for the O&M increase which is now no longer projected that the Board can consider cancelling that public hearing by motion. Dr. Fishkind added that he wants to make sure that the record reflects that even though the District is holding the assessment constant this year that the analysis comports with the District's practices and policies dating back to 2012 when the District first started doing this.
Mr. Levey stated that the currently assessed property owners' assessments will not increase because the program has increased so the cost is being spread over a larger basis and there is no need to raise O&M Assessments for existing property owners. Mr. Ventura asked about the Developer owned portion. Dr. Fishkind stated that the Developer owned portion goes down a little bit per ERU but the total for the Developer is going up by $12,000.00 because the budget is going up by $70,000.00.
Ms. Mackie requested a motion to cancel the public hearing regarding the increase in O&M Assessments only.

Public Hearing regarding the increase in O&M Assessments only.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greeneway Improvement District approved Resolution 2018-11, cancelling the O&M

Mr. Levey asked if this was in lieu of Resolution 2018-11. Ms. Mackie requested that the Board ratify the change in location with respect to the 170 debt hearing which the District will still be having in August. Ms. Mackie noted that the location has changed from Valencia College to the Lake Nona Lakehouse, 13623 Sachs Ave, Orlando, FL 32827.

On Motion by Ms. Courtney, second by Mr. Ventura, with all in favor, the Board of Supervisors

to the Lake Nona Lakehouse, 13623 Sachs Avenue, Orlando, FL 32827.

for the Greeneway Improvement District ratified the change in location with respect to the 170

Debt Hearing which the District will have on August 23, 2018 at 5:00 p.m. from Valencia College

EIGHTH ORDER OF BUSINESS

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Consideration of Resolution 2018-12,	Delegating Authority to Chair

Ms. Mackie noted that this is the document that Mr. Levey requested to be added for consideration on the agenda regarding requests by staff to have him approve of costs in between meetings. This is primarily due to changing circumstances in the field as it relates to construction. The resolution does not distinguish between O&M and construction but it would delegate to the Chair the ability to approve of certain agreements, contracts or documents that do not exceed a certain dollar threshold outside of a meeting. This allows the District to proceed with the work that staff feels needs to be taken care of in between meetings and cannot wait. Mr. Kaufmann has authorization outside of the noticed Board meeting to approve Change Orders to existing agreements that the District has already approved and this would be to deal with those matters that for which there is no existing contract. Mr. Levey asked what Mr. Kaufmann's limit is. Ms. Mackie responded that Mr. Kaufinann's limit is $20,000.00 and those are with respect to construction Change Orders which are usually higher in dollar value. She noted that when she reviewed some proposals for services that staff has been requesting ofthe Chair outside of a noticed meeting the cost range was from $5,000.00-$7,000.00. Mr. Ventura asked for examples. Ms. Mackie responded that in the past there was geotechnical work that needed to be done in the field quickly and with proposals coming a day after a Board meeting the District waits a month before the Board can consider those. Board and staff discussed the not-to-exceed amount and agreed upon $50,000.00

the Chair for a not-to-exceed amount of $50,000.00.

On Motion by Ms. Courtney, second by Mr. Ventura, with all in favor, the Board of Supervisors

for the Greeneway Improvement District approved Resolution 2018-12, Delegating Authority to

NINTH ORDER OF BUSINESS	Consideration of Personnel

Leasing (Irrigation

Agreement Specialist)

between the District and Tavistock Development Management, LLC
Ms. Mackie stated that during the budgeting process certain changes were made by staff to reflect a potential change in the way the irrigation is managed throughout the community. The Developer was looking to engage an Irrigation Specialist for its private property and that same individual could benefit the District by reviewing its irrigation plan and monitoring and maintaining that system independent of whatever Landscape Contractor the District currently has on site. It has historically been included in the Landscape Contractor's scope of services. The suggestion is that Myrtle Creek, Boggy Creek, and Greeneway IDs engage in a Personnel Leasing Agreement with Tavistock Development Management, LLC for the provision of this individual to manage and maintain the District's irrigation system. She noted that the te1ms are similar to the lease
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agreements that the District has for Mr. Kaufmann's and Mr. Flint's services. She noted that the term will be for one year and will renew annually and the compensation will be on a monthly basis for $1,666.00 per month for an annual fee of $20,000.00 per District. Mr. Levey asked what percentage of this person's time the District would get. Ms. Mackie responded, according to the Developer, it is 60% District work and 40% private work. Mr. Kaufmann stated that the goal is to modify the existing landscape maintenance contracts to a degree that this person would manage, supervise and direct. Mr. Ventura asked ifthe District already had a Personnel Leasing Agreement. Mr. Kaufmann stated that there is for landscape supervision. Ms. Mackie added that the District retains Mr. Flint and Mr. Thacker to review the District's landscaping plan and make modifications, recommendations, and supervise the Contractor on site. This is at no cost to the District.
Mr. Levey noted that there should be a reduction in the annual maintenance contracts. Mr. Flint stated that Tavistock is pitching into this as well. Mr. Flint does not know the percentage but advised staff to email Mr. Thacker. Ms. Mackie noted that the term is for one year but the contract still has a 30-day termination policy. Mr. Flint noted that this is already included as a line item in the budget at an amount of $20,000.00. Mr. Levey stated that the District has had issues with irrigation and never adequately managed it and thinks this is a small price to pay and a low risk. A question was asked about the start date. Ms. Mackie stated that the contract starts on October 1, 2018. Ms. Mackie requested that Supervisors announce conflicts on record that they are employed by Lake Nona. Ms. Courtney and Mr. Ventura both stated that they work for Tavistock.

Specialist) between the District and Tavistock Development Management, LLC.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greeneway Improvement District approved the Personnel Leasing Agreement (Irrigation

TENTH ORDER OF BUSINESS

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Consideration of First Amendment to the Agreement between the District and BrightView Landscape Services, Inc., Regarding the Provision of Tavistock Lakes and Laureate Boulevards, and Nemours	Parkway Landscape and Irrigation Maintenance Services

Ms. Mackie stated that this is the corresponding reduction in cost for the third tenn between the District and BrightView as a result of changes to the scope of services which is included as Exhibit A which removes some of their irrigation oversight that they typically include within that scope and priced when they bid the initial work. Exhibit B is their reflection in the adjustment to the lump sum contract value for term two as a result. Ms. Courtney asked about the price. Mr. Flint was not sure what the current term two cost is. Mr. Levey asked how the District will figure out what is being eliminated in tenns of cost. Ms. Mackie referred to Page 4, Section 3. She did not get a redline and stated that the District can defer this item to the next Board meeting and she will bring back a redline document. With the consent of the Board, this item is being deferred to the next meeting.

ELEVENTH ORDER OF BUSINESS		Consideration		of Temporary		Construction Easement	Agreement Nemours Parkway Phase 7
Ms. Mackie explained at the prior meeting the Board awarded the Nemours Parkway Phase 7 Construction Contract to Jr. Davis and as the District does not currently own the property over which it will be constructing the improvements as is typical with other construction projects we've entered into a Temporary Construction Access and Easement Agreement that would provide for the District's ability to work within the yellow shaded area identified on the map attached. Donald
W. McIntosh & Associates is still working on the legal description that will be included in the Temporary Construction Easement Agreement but it will generally cover the yellow shaded area. Mr. Newton stated that two additional areas did not make it on to the plan and they will be in the Temporary Construction Easement too. Mr. Levey stated that the District does not own this land yet as it is still owned by the Developer.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greeneway Improvement District approved the Temporary Construction Easement

Agreement Nemours - Parkway Phase 7.

TWELFTH ORDER OF BUSINESS	Ratification of Fiscal Year 2017 Audit
Ms. Walden stated that Mr. Ventura reviewed the audit and signed off on it but staff wanted to bring it back before the Board for ratification.

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On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greeneway Improvement District ratified acceptance of the Fiscal Year 2017 Audit.

THITEENTH ORDER OF BUSINESS		Ratification of Requisition Nos. 552 - 560 Approved in June 2018 in an amount totaling $924,206.18
Board Members reviewed Requisition Nos. 552- 560 approved in June 2018 in an amount totaling
$924,206.18.

2018 in an amount totaling $924,206.18.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greeneway Improvement District ratified Requisition Nos. 552 - 560 approved in June

FOURTEENTH ORDER OF BUSINESS		Ratification of Operation and	Maintenance Expenditures Paid in June 2018 in an amount totaling
$100,269.38
Board Members reviewed the Operation and Maintenance Expenditures paid in June 2018 in an amount totaling $100,269.38.

paid in June 2018 in an amount totaling $100,269.38.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greeneway Improvement District ratified the Operation and Maintenance Expenditures

FIFTEENTH ORDER OF BUSINESS

There were no Work Authorizations for this District.

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Recommendation of Work Authorizations/Proposed Services

SIXTEENTH ORDER OF BUSINESS		Review of District's Financial Position and Budget to Actual YTD
Board Members reviewed the District's statement offinancial position. Ms. Walden noted that the District is currently under budget through June 2018 by roughly $13,000.00. There was no action required.

SEVENTEENTH ORDER OF BUSINESS	Staff Reports

District Counsel -

District Manager -

Ms. Mackie brought to the Board's attention the issue with the websites being ADA compliant. She noted that there has been recent litigation involving access to the websites of Cities, Counties and some Special Districts and whether the materials need to be ADA compliant with respect to their posting. District staff has been working with Egis, an insurance carrier, and the District Manager to begin reviewing the District's websites and make recommendations with respect to the retention ofan ADA Consultant to review.
Dr. Fishkind stated that a notice has been posted to the websites while the revision of the website is underway. He has gone to a Consultant and gotten a bulk price to update all of the Manager's District websites.
Ms. Wrd alden noted that the normal meeting for August which was

the 3	Tuesday has been moved to Thursday, August 23, 2018 at

District Engineer -

5 :00 p.m. at the Lake Nona Lakehouse.
Mr. Newton circulated the Construction Contract Status Memorandum (Minutes Exhibit B). He explained that Nemours Parkway Phase 5 is basically completed and the certificate of completion had been submitted to the City and the maintenance bond has been posted. They also certified complete the Water Management District permit and they have accepted the certification.
Mr. Newton explained that Nemours Parkway Phase 6 is wrapping up soon and finishing up some landscape and irrigation and there is a second lift of asphalt and signage and striping that needs to be
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completed. Mr. Newton presented three Change Orders for the Board's consideration. Change  Order #1 is in  the amount of
$10,874.88 for 8" directional bore of an inigation line. He noted that Mr. Kaufmann has already authorized them to proceed with the work. Change Order #2 is in the amount of $13,464.00 for culvert handrail installation.  Change  Order  #3  is in  the  amount of
$42,220.54 for OCPS sidewalk revision and adding 30 days to the contract.
Mr. Newton explained that the Lake Nona Kellogg Avenue Extension is starting to see some progress out there. He stated that one big issue is construction access and there has been a lot of back and forth between DeWitt who is the District Contractor and the Contractors for the City Park and for the Adventure Park. DeWitt has been tearing up the access from the end of Elliot to the park sites due to normal construction. He noted that they do not have in their contract to maintain access for outside Contractors to the park sites and are only obligated to maintain access for themselves. Mr. Newton presented Additive Change Order #1 in the amount of
$230,500.00 to stabilize construction access road and import fill which goes on the Developer column of the contract. He noted that it is a District contract with DeWitt so it is being sent through the District but it will go on the Developer's Pay App and the Developer is aware of it. Mr. Ventura asked if the Developer is fine with this. Mr. Newton stated that Mr. Jackson's (Developer representative's) direction to DeWitt resulted in this Change Order.

Construction Contract Status memorandum dated July 17, 2018.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors

for the Greeneway Improvement District approved the Change Orders as recommended in the

Construction Supervisor - No Rep01i

EIGHTEENTH ORDER OF BUSINESS	Supervisor and Audience Comments & Adjournment
Ms. Mackie stated that District staff just reviewed the prior agreement with BrightView and the contract difference is roughly $30,000.00. Mr. Levey stated that this is item number 8 on the
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agenda. Mr. Levey asked ifthe Board was comfortable moving forward then a motion would be needed.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the Board of Supervisors for the Greeneway Improvement District approved the First Amendment to the Agreement between the Dis□·ict and BrightView Landscape Services, Inc., Regarding the Provision of Tavistock Lakes and Laureate Boulevards, and Nemours Parkway Landscape and Irrigation Maintenance Services.

There were no audience comments or Supervisor Requests.

On Motion by Mr. Ventura, second by Ms. Courtney, with all in favor, the July 17, 2018 Meeting of the Board of Supervisors for the Greeneway Improvement District was adjomned.

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FLORIDA COMMUNITY BANK

__FCB

July3   j:(2018 Board of Supervisors

RE: Non-Bank Qualified Tax Exempt Bond Anticipation Note, Se ries 2018

Greeneway Improvement District City ofOrlando, Florida

Borrower:

Florida Community Bank, N. A. a national banking association ("Bank" and/or "FCB") is pleased to consider a financing arrangement (the "Facility") for the Greeneway Improvement District (the "District"), the basic tenns and conditions of which are set forth below. This financing proposal is not exhaustive, and the credit facility is subject to other tenns and conditions normally required by FCB for similar transactions. The proposed Facility is subject to the satisfactory completion ofFCB's customary due diligence, underwriting and receipt ofcredit approval. This letter is not a commitment to lend.
Greeneway Improvement District (the "District")
Facility:	Non-Bank Qualified Tax Exempt Revolving Line of Credit ("Note")

Purpose:

Amount:	$28,000,000 (not to exceed)

Term:	5

The proceeds of the Note will be used to finance certain infrastructure within the boundaries of the District ("Project Area") fund a Debt Service Reserve Fund, capitalized interest, and pay the costs ofissuance.

Collateral:

The term ofthe Bond Anticipation Draw Note shall not exceed years from the date ofclosing and the availability to make advances under the Note shall be limited to the first 36 months from closing.
The Note will be a Limited Obligation of the District. The principal and interest on the Series	                            2018 Note will be payable solely from and secured by i) the proceeds of debt service special

Repayment:

assessments levied by the District against specially benefitting properties in the District ("Assessments"), ii) the proceeds from any debt issued by the District to refinance the proposed Note, and iii) the Debt Service Reserve Fund. Prior to closing, the District shall provide an Engineer's Report and Assessment Methodology that shall document the scope ofimprovements and the benefitting properties which shall be acceptable to the Bank.

Interest Rate:

Semi-Annual interest payments on the 1st ofeach May and November, commencing on November 1, 2018. Principal due at maturity.

Pre-payment:

The interest rate would be fixed at 4.50 percent.

The District may prepay and redeem the Note, in whole or part, at any time or from time to time, without penalty or premium, by paying to the Bank all or a part ofthe principal amount ofthe Note to be repaid, together with the unpaid interest accrued on the amount ofprincipal so prepaid to the date of such prepayment. Each prepayment and redemption of such Note shall be made on such
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Fees:
ACffiovremnantitvse:

date and in such principal amount as shall be specified by the District in a written notice delivered to the Bank not less than ten days prior thereto specifying the principal amount to be prepaid and the date ofsuch prepayment.

Fifty basis point (.50%) Note Commitment Fee for the Note, plus the District is responsible for all legal and out ofpocket expenses associated with the proposed financing. The Bank will be represented by Greenspoon Marder Law, whose fee will be fixed at $1 0,000.

Payment

For so long as any ofthe principal amount of or i nterest on the proposed Note is outstanding or any duty or obligation ofthe District contemplated under the proposed Note remains unpaid or unperformed, the District covenants to the Bank as foll9ws:

Use of Proceeds

	- The District shall pay the principal of and the interest on the proposed Note at the time and place and in the manner provided in the Note.

Notice of Defaults

	-Proceeds from the Note will only be used to finance infrastructure approved by the District and located within the Project Area ("Improvements"), fund a Debt Service Reserve Fund, capitalized interest, and pay the costs of issuance. Prior to closing, the District shall provide both an Engineer's Report and Assessment Methodology that shall document the scope of improvements and the benefitting properties which shall be acceptable to the Bank. Any subsequent material changes to either document shall require . written-consent ofBank.

Records

- The District shall within ten days after it acquires knowledge thereof, notify the Bank in writing at its Notice Address upon the happening, occurrence, or existence ofany Event ofDefault, and any event or condition which with the passage of time or giving of notice, or both, would constitute an Event of Default, and shall provide the B ank with such written notice, a detailed statement by a responsible officer ofthe District of all the relevant facts and the action being taken or proposed to be taken by the District with respect thereto.

Maintain Existence

d)		- The District agrees that any and all records of the District shall be open to inspection by the Bank or its representative's during normal business hours at the offices ofthe District.

Notice of Liabilities

- The District will take all reasonable legal action within its control in order to maintain its existence as a community development district of the State, and shall not voluntarily dissolve.
t)		- The District shall promptly inform the B ank in writing of any actual or potential contingent liabilities or pending or threatened litigation ofany amount that could reasonably be expected to have a material and adverse effect upon the

Insurance

financial condition of the District or upon the ability of the District to perform its obligation under the proposed Note.

Comply with Laws

	- The District shall maintain such liability, casualty and other insurance as is reasonable and prudent for similarly situated independent special districts of the State and shall upon request of the Bank, provide evidence of such coverage to the B ank.

Taxes

	- The District is in compliance and shall comply with all applicable federal, state and local laws and regulatory requirements.

Audited Financial S tatements

- In the event the proposed Note should be subject to the excise tax or any other Note Document should be subject to the excise tax on documents, or any similar tax, the District shall pay such taxes or reimburse the Bank for any such taxes paid by it.
	- The District will cause an audit to be completed of its books and accounts and shall furnish to the Bank within 270 days after the end ofeach fiscal year audited year-end financial statements of the District certified by an independent certified public accountant to the effect that such audit has been conducted in accordance with generally accepted auditing standards and stating whether such

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Negative Covenants:

financial statements present fairly in all material respects the financial position of the District and the results of its operations and cash flows for the periods covered by the audit report, all in conformity with generally accepted accounting principles applied on a consistent basis. Such financial statements shall include a balance sheet and statement of revenues, expenditures and changes in fund balances, with comparative figures to the prior year and including a comparison ofactual results to budgeted projections.

Annual Budget. The District shall adopt an annual budget as required by law. The District covenants that, so long as the Note shall remain unpaid, it will appropriate -in its annual budget, by amendment, if required, amounts sufficient to pay the principal of and i nterest on the Note as the same shall become due. In the event that the amount previously budgeted for such purpose is at any time insufficient to pay such principal and interest on the Note, the District covenants to use its best efforts to take immediate action to amend its budget so as to budget and appropriate an amount sufficient to pay such debt service on the Note. The District shall provide the Bank with a copy of its annual operating budget for each fiscal year not later than 45 days after the commencement thereof.   The budget shall specifically detail the Assessments and any other special assessments to be levied by the District with respect to such fiscal year.
Assessment Records. The District shall maintain records with respect to the Assessments which shall be updated as Assessments are collected. The records shall detail Assessments

levied to date on a parcel-by-parcel basis, and (ii) collected to date. An annual report setting forth the foregoing information will be provided to the Bank at such times, and in such format as the Bank may reasonably request. Upon the occurrence of any Event of Default, the District will, upon requestofthe Bank, and payable from the debt service reserve fund, engage the services of a consultant reasonable acceptab le to the Bank to assist the District in levying the Assessments until such time as the default is cured.
Assessment Roll. Commencing with the tax roll adopted during the year 201 8, the District shall provide to the Bank the certified assessment roll detailing the Assessments, ifany, to be imposed for each tax year within 30 days ofthe date such roll becomes available:
	Maintenance ofImprovements. All Improvements are and will be owned by the District or another political subdivision of the State of Florida and all Improvements shall be available for use by the general public on the same basis, subject only to conditions i mposed by the District or another political subdivision ofthe State of Florida as may be necessary to protect the health safety and general welfare of the District and its inhabitants, visitors, property owners and workers or to protect such Improvements from damage, misuse, or destruction. The District shall observe and perform all of the terms and conditions contained in the Act, and shall comply with all valid acts, rules, regulations, orders and directions ofany legislative, executive, administrative orj udicial body applicable to the Improvements. The District shall levy assessments as shall be necessary to provide for the maintenance of the Improvements.

For so long as any ofthe principal amount of or interest on the proposed Note is outstanding or any duty or obligation ofthe District under the proposed Noteremains unpaid or any obligation of the District under any ofthe Note Documents remain unpaid or unperformed, that:
No Amendments. The District shall not alter, amend or repeal the Assessment Resolutions, or take any action impairing the authority thereby or hereby given with respect to the imposition of the Assessments, or the payment of the Note, without prior written approval of the Bank which shall not be unreasonably withheld. However, the District may amend the Assessment Resolution to expand the Project Area so long as the Assessments are not reduced.
No Liens. The District shall not create or permit any pledge, assignment, mortgage or lien on the Assessments or the Improvements other than pursuant to the Note Documents.

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Assessments
	
The District shall not dispose of any ofthe Improvements other than in the ordinary course of business.

Loans.

Limited Obligation.

Disposition ofA ssets.

	The District shall not loan money or make advances or other extensions of credit to otherpersons or entities except in the normal course ofthe District's Operations.

Pledge ofAssessments.	the

	The District promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereofand thereof; provided that the principal ofand interest on the Note is payable solely from the Assessments, and nothing in the Note or in the Note Resolution shall be construed as pledging any other funds or assets of the District to such payment or authorizing such payment to be made from any other source. The District is not and shall not be liable for the payment ofthe principal ofand interest on the Note or for the performance of any pledge, obligation or agreement for payment undertaken by the District hereunder from any property other than the Assessments. The Bank shall not have any right to resort to legal or equitable action to require or compel the District to levy and collect any tax or special assessment or to keep any tax or special assessment in force, except for the Assessments, to pay principal or interest on the Note.

Levy ofAssessments.

	The principal ofand interest on Note shall be payable from and secured by a lien upon the Assessments. The District will grant a security interest in favor ofthe Bank in the Assessments. Promptly upon collection by the District, all Assessments shall be deposited by the District into an account (the "Revenue Account") maintained by the District at the Bank, in which account, and the proceeds therein, the District hereby grants

the Bank a security interest in order to secure the repayment of the Note.	
The District will levy and assess Assessments upon the benefitted lands

Use ofAssessments.

within the District in accordance with the Act and the Assessment Resolutions, in amounts and at the times, when combined with the amo unts in the Revenue Account and subject to the limitations set forth in the Assessment Resolutions and in the Act, that are sufficient to pay the principal ofand interest on the Note as herein provided. It is contemplated that the District shall utilize the uniform method for the collection ofthe Assessments authorized by Section 197.3632, Florida Statutes for platted lots. However, in the future, the District may, if it is not able to utilize the uniform method for platted lots, with written consent of the Bank, collect the assessments using an alternative method. The Distri.ct will take all necessary steps to levy and collect Assessments Revenues sufficient to pay the principal and interest ofthe Note when due.

RDeesbetrvSe Fviucned·	the

	The District will use the proceeds ofAssessments levied for debt service solely to pay principal of and interest on the Note, the Series 2013 Bonds, and Collection Costs.

The District agrees that it will maintain a Debt Service Reserve account at Bank. The Debt Service Reserve account shall be maintained at 8 percent of the outstanding Note. The Debt Service Reserve will be funded at the time ofeach draw on the Note in the amount of 8 percent to satisfy the requirements for a 8 percent balance calculated on the basis of the outstanding balance on the Note. Amount.s of deposit in the Debt Service Reserve account may be invested only in interest bearing accounts ofFlorida Community Bank. The Debt Service Reserve account shall be pledged as security for the Note and the District will grant the Bank a security interest in the Debt Service Reserve account and the amounts therein to secure the Note. For so long as the Note is outstanding, the District may not withdraw amounts from the Debt Reserve account. In the event that at any time the District fails to pay the principal of or interest on the Note as the same becomes due, the Bank may direct the Trustee to withdraw such amount from the Debt Service Reserve

4

FloridaCommunityBank.com

�1::::.1 Lf(JIE..Ll,lH»:ml,l:;DER  I  FWEDMIIECR

DEvefeanutslto:f

account as shall be necessary in order to pay the principal of and interest on the Note as the same becomes due. The Trustee shall notify the District in writing if any such withdrawal is made.

An "Event of Default" shall be deemed to have occurred under this Agreement if:
the District shall fail to make any payment ofthe principal of or interest on the Note after the same shall become due and payable ("Monetary Default"), whether by maturity, or otherwise; or
the District shall default in the performance of or compliance with any term or covenant contained in the Loan Documents, which default or noncompliance shall continue and not be cured within thirty (30) days after (i) notice thereof to the District bythe Bank; or (ii) the B ank is notified of s uch noncompliance or should have been so notified, whichever is earlier. However, ifthe District is diligently pursuing a remedy, then the cure period is extended to 90 days; or

any representation or warranty made in writing by or on behalf of the District in any Note Document shall prove to have been false or incorrect in any material respect on the date made or reaffirmed; or

the District admits in writing its inability to pay its debts generally as they become due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment ofa receiver or trustee for itself; or

the District is adjudged insolvent by a court of competent jurisdiction , or it is adjudged a bankrupt on a petition in bankruptcy filed by or against the District, or an order, judgment or decree is entered by any court ofcompetentjurisdiction appointing, without the consent ofthe District, a receiver or trustee ofthe District or ofthe whole or any part of its property, and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within 90 days from the date of entry thereof; or
t) the District shall file a petition or answer seeking reorganization or any arrangement under the federal bankruptcy laws or any other applicable Jaw or statute ofthe United States ofAmerica or the State of Florida; or
the District shall default in the due and punctual payment or perfonnance ofcovenants under any obligation for the payment ofmoney to the Bank or any other subsidiary or affiliate ofthe Bank; or

RMaotnee: ta,y Default

a judgment or order shall be rendered against the District for the payment ofmoney in excess of$250,000 and such judgment or order shall continue unsatisfied or unstayed for a period of more than 30 days. However, if the District is diligently pursuing a remedy, then the cure period is extended to 90 days.

AIndtjeursetsmt eRnattse:

The "default rate of interest" shall be the lesser of five percentage points over the Bank's Prime Rate ofinterest or the maximum legal rate at the time ofthe Monetary Default. The default rate of interest shall only apply for interest during the period between when the Monetary Default (after noticed cure period), occurs and when it is cured by the District.

In the event the interest on the Note becomes subject to federal income tax in any period, the interest rate will convert to the taxable rate duringthat period. The taxable rate will be calculated by dividing the current tax-exempt rate by l minus the effective federal tax rate. In addition, the District shall make the Bank whole for any interest, penalties, and additions to tax suffered by the Bank.
In the eventthe Maximum Federal Corporate Tax Rate imposed on corporations pursuant to Section 11 (b) ofthe Internal Revenue· Code of 1 986, as amended, is changed, the interest rate on the Bond will be adjusted to such rate as will provide the same tax equivalent yield to the Bank. The interest rate on the Bond shall be adjusted to the product obtained by multiplying the interest rate then in
5

FloridaCommunityBank.com

=I L EHDEA FDIC

Conditions of Lending:

Waiver of Jury Trial

effect on the Bond by a fraction equal to (1 -A divided by 1 -B), where A equals the Maximum Corporate Tax Rate in effect as ofthe date ofadjustment and B equals the Maximum Corporate Tax Rate in effect immediately prior to the date of adjustment. This rate shall have a floor of 3. 75 percent.

The obligations ofthe Bank to lend hereunder are subject to the following conditions precedent:
Documents are and shall be true and correct to the best ofthe District's knowledge at the time ofclosing.
On the closing date the District shall be in compliance with al l the terms and provisions set forth in the Note Documents on its part to be observed or performed, and no Event of Default nor any event that, upon notice or lapse oftime or both, would constitute such an Event of Default, shall h ave occurred and be continuing at such time.
On or prior to the closing date, the Bank shall have received the following supporting documents, all of which shall be satisfactory in form and s ubstance to the Bank (such satisfaction to be evidenced by the purchase of the Note by the Bank): (i) the opinion of counsel to the District, regarding the due authorization, execution, delivery, validity and enforceability ofthe Agreement and the Note, the District's power to incur the debt evidenced by the Note, the due adoption and enforceability of the Note Resolution and Assessment
Resolutions and the due creation and existence ofthe District and to the effect that the Note is	
excluded from gross income for federal income tax purposes and is exempt from State excise
tax on documents, and (ii) such additional supporting documents as the Bank may reasonably request.
No material and adverse changes shall have occurred in the financial condition ofthe District.

f) The Bank shall not be required to enter into the proposed Credit Accommodation until the completion of all due diligence inquiries (including but not limited to client providing a complete detailed budget of all planned work within the 20 18 improvements and Bank completing a satisfactory site visit and meeting with largest underlying land owner, Tavistock), receipt ofapprovals from all requisite parties and the execution and receipt of all necessary documentation reasonably acceptable to the Bank and its counsel. The Bank complies with the US Patriot Act of 2001 (the "Act"), including, but not limited to; those sections relating to customer identification, monitoring and reporting of suspicious activities, and the prevention ofmoney laundering. This Act mandates that we verify certain information about the borrower and any guarantor while processing the Credit Accommodation request. Furthermore, certain assumptions are made for this proposal which, ifaltered, could affect the overall credit approval and orthe terms ofthe proposed Credit Accommodation.

District and Bank knowingly, intentionally, and voluntarily waive any right which any ofthem may have to a trial by jury in connection with any matter directly or indirectly relating to any Note
document executed in connection herewith or any other matter arising from the relationship between	 Bank and District.

FloridaCommunityBank.com

EI LEH DEA   I  FW[DWDIECI!

'°""" """""""	6

Florida Community Bank appreciates the opportunity to submit this Proposal and looks forward to your favorable response. Please understand 1hat this letter is not a formal commitment to extend a Note by the Lender, or any of its affiliates, but is merely intended for discussion purposes only in order to provide you with the basic terms and conditions of our proposal, which are outlined above. The terms and conditions outlined in this Proposal are in effect for 30 days from the date ofthis letter. Ifyou have any questions or need additional infonnation, please do not hesitate to contact me at (239) 552-1 819.

Respectfully,

�//

The parties have agreed to extend the closing date

5-JIJt1,#V,. �
J�chell, SVP Director of Public Finance
Florida Community Bank, N.A. 2325 Vanderbilt Beach Road Naples, FL 34109
(239) 552-1819 

Title:

imitchell@fcb 1 923.com

FloridaCommunityBaril:.com

LeeAnne Kirwin Vice President
Florida Community Bank, N.A. 2325 Vanderbilt Beach Road Naples, FL 34109
(239) 552-1 879
lkirwinla' fcb1 923.com

unit! August 3oth to allow time for the District to complete its assesssment process which is now underway

7
©tvlffi I �DiC

DONALD W. MclruTosH	DATE:	July 1 7, 20 18 
Assoc1ATEs, INc.

MEMORANDUM

TO: FROM: RE:

Greeneway Improvement District Board of Supervisors
Donald W. McIntosh Associates, Inc. District Engineer
Construction Contract Status

Dear Board Members,
Please accept this c01Tespondence as a current summary of our construction contract status. Listed below by project is a brief summary of recent contract activity. Copies of the latest Change Order logs are attached.

CIVIL ENGINEERS

LAND PLANNERS

SURVEYORS

2200 Park Ave. North

Winter Park, FL

32789-2355

Fax 407-644-83 18 

407-644-4068

http: //www. dwma.com

Nemours Parkwar Phase 5 - Jr. Davis Construction, Inc. / BrightView
Construction Status: The Notification of Project Completion was submitted to the City on June 21, 2018, with the maintenance bond submitted under separate cover on July 2, 20 18. The South Florida Water Management District (SFWMD) construction certification was submitted on June 22, 20 18, and the SFWMD certification acceptance was received on July 3, 20 18.
Change Order (C.O.) Status: None at this time.
Recommended Motion: None at this time.

Nemours Parkway Phase 6 - Jr. Davis Construction, Inc. / BrightView
Construction Status: This project is substantially complete except for the landscape and irrigation, which are in progress, and the second lift of asphalt, signage and striping, which will be installed immediately prior to the final walk through inspection by the City. The localized washout of the roadway following an intense rainstorm on the night of June 7, 20 1 8, has been repaired and a report is to be provided by the Contractor, including all density test results.
Change Order (C.O.) Status: Additive Change Order No. 1 in the amount of $10,874.88 for 8" directional bore of an irrigation line. Additive Change Order No. 2 in the amount of
$13,464.00 for culve1i rail installation.   Additive Change Order No. 3 in the amount of
$42,220.54 for OCPS sidewalk revision and add 30 days to contract.
Recommended Motion: Approve additive Change Order No. 1 in the amount of $1 0,874.88 with no change in project duration. Approve additive Change Order No. 2 in the amount of
$13,464.00 with no change in project duration. Approve additive Change Order No. 3 in the amount of $42,220 .54 with an addition of 30 days to project duration. Authorize D istrict Engineer to execute change orders when finalized.

F:\Proj2003\232 l 6\ENGadmin1Clecl 222.docx

Memorandum

Re:	Greeneway Improvement District Construction Contract Status
July 1 7, 2018
Page. 2

Lake Nona Kellogg Avenue Extension - DeWitt Excavation

Construction Status: PSI performed a site exploration and extracted material samples along the base of berm for the temporary holding area for dewatering operations on June 8, 20 I 8, which were tested and deemed suitable for its intended use as embankment fill in the area of future building lots. Once the temporary holding area for dewatering operations has been removed, it is recommended that additional testing be performed within interior of the holding area to ensure the suitability of the material.	An updated CPM schedule was provided by the Contractor on June 4, 2018, which was reviewed by DWMA and comments were forwarded to the Contractor on June 7, 201 8, for revision and resubmittal, which is still outstanding. The Contractor was reminded that this project has to be certified and accepted by the City before the City Park, which is under construction, can be completed. There are ongoing issues with maintenance of access to the City Park site and the Adventure Park site. DWMA met with representatives of Wharton-Smith, DeWitt Excavating and Tavistock on July 9, 201 8, to review the situation and explore options towards resolving the matter. Both Contractors were informed that.they should cooperate with each other to their mutual benefit; however, they both claimed to have contributed their fair share towards the construction of the temporary access road off Eliot Avenue, which was at the time unusable for construction and/or emergency access. The deteriorated conditions were apparently caused by a combination of the rainfal l events during the preceding week and heavy equipment used by DeWitt Excavating to offload and haul materials across the access road. DeWitt said they have exhausted their budget for purchasing crushed stone to maintain the access road; however, they would do their best to regrade and rework the damaged areas. A follow up site meeting is scheduled for July 1 6, 20 1 8, to review the situation.
Change Order (C.O.) Status: Additive Change Order No. 1 in the amount of $230,500.00 to stabilize construction access road and import fill (Developer Portion).
Recommended   Motion:	Approve Additive Change Order No. 1 in the amount of
$230,500.00 (Developer Portion) with no change in project duration and .authorize District Engineer to execute change order when finalized.

Should.there be any questions, please advise. Thank you.
End of memorandum.

c:	Larry Kaufmann Stephen Flint

Scott Th.acker	 Lance Jackson
Robin Persad.

Inc. 

200312DONALD,..,\N,22 Mpl NTOSH  Assodates,

F:IP

2200 PAA� /l.VEf'\JDE1 KlB�Wl�'OOIW\'.i PARl<�'l'LORIDA 327B9-2355  • [4D7) 644-4D6B •  FAX [4D7) 644-B31 B

LAKE NONA SOUTH
Greeneway Improvement District Nemours Parkway Phase 5 Change Order Log

C.0. #

Status

-
;z

New Contract Amount
Original Contract Date 7/12117
$3,023,146.05

To Board

VOIDED

$

3,023, 146.05

8/1 5/2017/REVISED AMOUNT TO 9/1 9/17

1
:±

9

$

-
(228,869.74)

Approved

$

3,042,521.00

11 /21/2017

11/21/2017

1/23/201 7

Direct Owner Purchase - Materials deductions for materials purchased by COD

$

Approved

1/16/2018

1116/2018

2,813,651.26

$

Contract Calendar days extension New 11/10/2017 Substantial Completion Date January 27,
2018.

10/17/2017

1 0/17/2017

3,042,521.00

Approved	$

19,374.95

$

0

Storm Revisions: DM-9 to Ex. DM-45 modified per revised plans dated 6/16/17;
9/26/2017 Street Lighting Condun added per revised plans dated 6/16117; Landscape Revisions
issued 9/14/17 included; Signage & Striping Revisions Issued 9-25-17 included.

Change order for (512,480.60) has been Voided

9/19/2017

0

8/312017	Direct Owner Purchase - Materials Deductions

Notes

Approval Date

Amount

Additional Days

Description of Revision

Date

Jr. Davis

F:IFORMS\Construction\Logs\CDD LOGS

CO Nemours 5 Greenway (2)

7/1 7/2018	Page 1

LAKE NONA SOUTH
Greeneway Improvement District Nemours Parkway Phase 6 Change Order Log

C.0. #

Date

Description of Revision

Additional Days

Amount

Status

New
Contract Amount Original Contract Date 8/17/17
$2,070,587.60

To Board

Approval Date

$	2,081 ,462.48

$

2,094,926.48

7/1 7/2018 

7/1 7/2018 

2,1 37,147.02

$

Pending

42,220.54

$

30

OCPS sidewalk revision

7/16/2018

�

Pending

13,464.00

$

0

Culvert Rail Installation

6/20/2018 

�

7/1 7/2018 

Pending

10,874.88

$

0

8" Directional Bore

7/10/2018

�

Notes

Jr. Davis

F:IFORMS\Construction\Logs\CDD LOGS

CO Nemours 6 Greenway (3)

7/1 7/2018	Page 1

 	

I

Nemour 6 - Irrigation Br:oing

JR. DAVIS CONSTRUCTION
210 South Hoagland Boulevard Kissimmee, Florida 34741
Contact:	Josh Huynh
Jr. Oovi1Conwuction Comp<my, Inc:.	Phone:	407-870..0066

Quote To:

Email:
Larry Knufinann Tavistock

josh.huynh@jr-davis.com
PropQsal Date:· Date ofPlans: Revjsion Date:

6.5 .18
N/A
NIA

ITEM

DESCRIPTION
--	\..U11110I   YY ;,c

QUANIDY
1 18.00
120.00

UNIT LF
LF

UNIT PRICE
92. 16
26.59

"/4M0l.J N r--.,,__

10- ,8. 74.88  j

- :,• ,v--

GRAND TOTAL

NOTES:

JDC Reference: l 925RC0-02

Page  1 of 1

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NEMOURS PH. 6 - BOX CULVERT GUIDERAIL

2K1i0ssSimoumtheeH, Folaogrliadnad3B4o7u41levard

JR. DAVIS CONSTRUCTION

Jt, Dovis Consttvction Company, In�.

CPhoonntoec: t:

3JI2M1-6I2D4U-8G60A3N

Quote To:

Scott ThackEemr  ail:	JIMI.DUGAN@JRPrn-pDoAsValIDS.aCteO: M

6/20/18

Larry Kaufmann Tovistock Development

Date ofPlans: Revision Date:

3/8/17
5/3 1/18

ITEM

GRAND TOTAL

DESCRIPTION
10 CULVERT RAIL INSTALLATION

QUANTITY	UNIT	UNIT PRICE

102.00

LF

132.00

AMOUNT
13,464.00
$13,464.00

THIS PROPOSAL INCLUDES THE INSTALLATION OF THE ADDED CONCRETE STRIP AND BOX CULVERT GUIDERAILING PER THE PLAN REVISION DATED 5.3 1.18. INSTALLATION PER FDOT INDEX 870.

NOTES:

PLEASE ALLOW 5-6 WEEKS FROM CHANGE ORDER ACCEPTANCE FOR PROCUREMENT AND INSTALLATION.

JDC Reference: l 925RFCO-03 CC- 1925 I 9800101- -9000

Page 1 of 1

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21 OF 3B	NEMOURS PARKWAY PHASE 6
CITY Of ORLANDO, FLORIDA
BOX CULVERT DETAILS		-•-a--u 2ENGI200NPARKE!lRSA\94Ul!MlRTH,PLANIMHTEl'INERP,l,AIC,S    A. 327118S401UR.lm'Ol.44. IDRSIUI
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1925 - NEMOURS PH. 6 - DRAINAGE & OCPS SIDEWALK

JR. DAVIS RCOENVSITSRIUOCNTION
.  -	2Kiss10 SimoumtheeH, FLoag,l3a4n7d4B1 oulevard

Jr. Dav,lilttlJIIIh Co111trvction Company, Inc:,	PChoonntaec: t:

4J0IM7-8I7D0U-0G06A6N

Quote To:

Scott ThackEermail: Larry Kaufman Tavistock Development

JIMI.DUGAN@JPRro-pDoAsaVlIDSa.CteO: M

7/ 16/18 

ITEM

 	1 10

DESCRIPTION MOBILIZATIOPNRE&LSIUMIPERNVARISIOIENS

LOO	13 

32

120 CONSTRUCTION STAKEOUT

130 SURVEY AND CITY STANDARD AS-BUILTS
140 GEOTECHNICAL TESTING

47
1.00	LS	589.79	589.79

REVISION

QUANTITY	UNIT	UNIT PRICE	AMOUNT	
	
LS	
5,337. 13 	
5,337.	
1.00	LS	1,750.32	1,750.	
1 .00	LS	41 6.47	416.	

 		OCPPSRESLIDIMIEWNAARLIEKS G- TROATDALING
210  REVISED GRADING
220 5' SIDEWALK

SOD DISTURBED AREAS

3,467.00
397.00

$8,093.71

SY

1. 54	5,339. 18 
34.72	13,783.84

7,280.70

230

OCPS SIDEWALK GRADING REVISION -

3,467.00

SY	2. 10

$26,403.72

310 
320
330
340
350

15" RCAP DIIIDED STOTORTMALDRAINAGE
TYPE C INLET 1 5" MES
TESTING PER CITY REQUIREMENTS
ADDITIONAL SHELL TRAIL RESTORATION

72.00
1.00
1 .00
1.00
146,00

LF	29.90	2,152.80
EA	3,804.93	3,804.93
EA	1 ,583.00	1,583.00
LS	2,106.38	2, 106.38
SY	11 .30	1,649.80

ADLDANED DSTSOCRAP\f.i   EDRSAIINDEAWGEA-LTKOT�AL

$11,296.91

410 5' SIDEWALK

DELETION

-107.00

SY	33.40	-3,573.80

GRAND TOTAL
NNOOTTEESS::

LANDSCAPE SIDTOEWTAALLK - DELETION

-$3,573.80
$42,220.54

THIS PROPOSAL INCLUDES THE INSTALLATION OF THE ADDED DRAINAGE, SIDEWALK, AND GRADING PER
Page 1 of 2

THE PLAN REVISION DATED 6.12.18. ALSO INLUDED IS THE REMOVAL AND CREDIT OF TIIE 5' LANDSCAPE SIDEWALK.

WITH THIS PROPOSAL WE ARE REQUESTING A (30) DAY TIME EXTENSION TO THE CONTRACT DURATION TO BEGIN AFTER APPROVAL OF THIS PROPOSAL. THIS WILL COVER STRUCTURE PROCUREMENT AND ALL ASSOCIATED CONSTRUCTION OF THIS ADDED SCOPE OF WORK. WE ANTICIPATE THE CITY REVIEW AND APPROVAL OF THE ADDED STORM WILL ALSO BE DELAYED AND SHOULD BE CONSIDERED ACCORDINGLY.

JDC Reference: l 925RFCO05 CC:

Page 2 of 2

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LAKE NONA SOUTH
Greeneway Improvement D istrict Kellogg Avenue Extension Change Order Log

Dewitt Excavating

C.0, #	
Date	Description of Revision	
Addltlonal	Amount Oays	
Status	New
Contract Amount Original Contract Date	
To Board	
Approval Date	
Notes	
				$1,797,324.58				
	
7/12/201B Developer Portion • StabHize Construction Access Road and Import Fill	
0	$230,500.00	
Pending	
$2,027,824.58	
7/17/2018			

						

				

F:\FORMS\Construction\Logs\CDD LOGS

CO Kellogg Greenway

7/1 7/2018 Page 1

 	

Greenewav Improvement District
CONTRACT CHANGE ORDER

Project:	Lake Nona Kellogg Avenue Extension

Contractor: DeWitt Excavation, LLC

ITEM NO.

WORK PERFORMED

DESCRIPTION OF CHANGE

AMOUNT 
/ (-)

Engineer:	Donald W. McIntosh Associates, Inc.

Change Order No.	00 1

------

Date ---7-/1 2-/20-1 8

DEVELOPER PORTION		
1	Stabilize Construction Access Road (lump sum)	ADD	$	24,000.00	
2	Additional Import Fill (1 4,000 c.y. @ $ 14.75 /c.y.)	ADD	$	206, 500.00	

				

Net Change Order Amount $	230,500.00 Contract Amount Prior to Change Order $ 1, 797,324. 58
Revised Contract Amount $ 2,027,824.58
 COMMENTS:	
 	See detailed backup email attached.	

Acceptable To:

Approved By:

c: Jeffrey J. Newton, PE Robin Persad

 		Date:	 DeWitt Excavation, LLC

 	Date:	 Greeneway Improvement District

F:\Proj201 6\1 6208\CONSTadmin\Prod\CP016-CO-01

Jeffrey J. Newton, PE

From:	Jeffrey J. Newton, PE
Sent:	Thursday, July 1 2, 201 8 4: 17 PM
To:	Lisa E. Toney; Michelle Boswell (mboswell@dwma.com)
Cc:		Barbra M. Demmer; Robin Persad (rpersad@dwma.com); Dominique Hicks (d hicks@dwma.com)
Su bject:	FW: Kellogg/Centerline
Categories:	GID

We need a DeWitt change order to GID for Kellogg:

Stabilized Construction Access Road - $24,000.00 (lump sum) Import Fill - $206,500.00 (14,000 c.y. at $14.75/c.y.)
We need to make sure that this is applied solely to the Developer Portion of the agreement and appears on the Developer pay application. None of this cost should be borne by the District, despite what Lance says in his e­ mail below.

Thank you,
Jeffrey J. Newton, P.E.
Senior Vice President
DONALD W. MCINTOSH ASSOCIATES, INC.
2200 Park Avenue North
Winter Park, Florida 32789-2355
Telephone: 407-644-4068 ext. 1 27
Fax: 407-644-831 8
Email: jinewton@dwma.com
•O1SCLAIMER OF LIABILITY - The data contained within this e-mail is the sole property of Donald W. McIntosh Associates, Inc. ("DWMA") and is transmitted to you at your req uest for your convenience. The user of this data assumes all liability resulting from such use and hereby releases DWMA from liability of any nature, expressed or implied, relating to the data contained thereon. All information contained on said data is subject to change at the discretion of DWMA. DWMA is not responsible to the recipient for compatibility with the recipient's hardware and/or software. It Is imperative that the user checks this data for viruses.

From: Lance Jackson [mailto:lance.jac�on@tavistock.com]
Sent: Wednesday, July 11, 2018 7:45 AM To: Larry Kaufmann; Jeffrey J, Newton, PE Subject: Kellogg/Centerline

Larry/J eff,

I spoke with Ernie from DeWitt this am and he says that the contract has a quantity of about 6k CY of import but he feels it will require closer to 20K CY, an increase of 14K CY. Also, he believes that they can stabilize the access road off Eliot for a NTE cost of $24K. He will split these costs between the CDD and non-CDD portions of the job. If you agree with these changes p lease let me know and they will begin work on the road immediately.

Thanks,
1

La nce

2

Jeffrey J. Newton, PE

From: Sent:

Larry Kaufmann <lkaufmann@tavistock.com> Monday, July 1 6, 201 8 4: 15 PM

To:	Jeffrey J. Newton, PE
Subject:	FW: GID Kellogg Avenue Ext. C01
Categories:	GID 

FYI

KOS
Kaufma nn Development Services, LLC Larry Kaufmann, PE 
(407) 448-6592
LKaufmann@tavistock.com

From: La nce Jackson
Sent: Monday, July 16, 2018 4:14 PM
To: Larry Ka ufmann <lkaufmann@tavistock.com>
Subject: RE: GID Kellogg Ave nue Ext. COl
This is what we discussed. I understand the costs will be borne by the Developer.
LANCE JACKSON
Tavistock Development Company
P; 40 7.81 6.6679 
C: 407. 280.4723 
lance,i_ackson ((utavistock.com Large File Link

From: Larry Kaufmann 
Sent: Monday, July 16, 2018 3:10 PM 
To: Lance Jackson <lance.jackson@tavistock.com>
Subject: Fwd: GID Kellogg Avenue Ext. COl
Lance, please confirm this is what you talked to DeWitt about and you are good with the CDD proceeding with this work for TDC.
Larry Ka ufmann from iPhone Begin fo rwa rded message:
From: "Jeffrey J. Newton, PE" <jjnewton@dwma.com>
Date: July 16, 2018 at 2:37:43 PM EDT
To: "ernie@dewittexc.com" <ernie@dewittexc.com>, "Tim DeWitt (Tim@dewittexc.com)"
1

<Tim@dewittexc.com> 
Cc: "Peter Nunes (Peter@dewittexc.com)" <Peter@dewittexc.com>, "lance.jackson@tavistock.com"
<lance.jackson@tavistock.com>, "lkaufmann@Tavistock.com" <lkaufmann@Tavistock.com>, "Jeffrey J. Newton, PE" <jjnewton@dwma.com>
Subject: GID Kellogg Avenue Ext. COl
EXTERNAL E-MAIL

Good Afternoo n,
As previously discussed, please find attached Change Order No. 1 in the amount of $230,500 to stabilize the Construction Access Road and Import Fill for the Lake Nona Kellogg Avenue Extension Project.
Kindly have this executed and return to our office fo r processing. We will then return a fully executed copy for your file.
If you have any questions, please let us know. Thank you.
Michelle Boswell for Jeffrey J. Newton, P.E.

~	~

DONALD W. MCINTOSH ASSOCIATES, (NC.
2200 Park Avenue North ~ Winter Park, Florida 32789-2355	Phone: 407-644-4068	Fax: 407-644-8318 ~ Email: ltoney@dwma.com

any

'DISCLAIMER OF LIABILITY- The data contained within thise-mail is Iha sole property of Donald W. McIntosh Associates, Inc. ('IJWMA") and is transmitted toyou al your request For your convenionce. The user oF this dala assumes all liability resulting from such use and hereby releases DWMA from liability of	nature, expressed or Implied, relating lo the data contained thereon. All information contained on said data Is subject lo change at the discretion of DWMA. DWMA is not responsib!a to the recipient for compatibility with the recipient's hardware and/or software. II is imperative that the user checks this data for viruses.

2