BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT PUBLIC HEARINGS AND REGULAR MEETING AGENDA

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1 BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT PUBLIC HEARINGS AND REGULAR MEETING AGENDA December 13, 2017

2 Babcock Ranch Community Independent Special District OFFICE OF THE DISTRICT MANAGER 2300 Glades Road, Suite 410W Boca Raton, Florida Phone: (561) Toll-free: (877) Fax: (561) December 6, 2017 Board of Supervisors Babcock Ranch Community Independent Special District ATTENDEES: Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes. Dear Board Members: The Board of Supervisors of the Babcock Ranch Community Independent Special District Staff will hold multiple Public Hearings and a Regular Meeting on Wednesday, December 13, 2017 at 1:00 p.m., at SR 31, Punta Gorda, Florida The agenda is as follows: 1. Call to Order 2. Roll Call 3. Public Comments [any members of the public desiring to speak on a specific agenda item may address the Board] 4. Public Hearings to Consider the Adoption of an Assessment Roll and the Imposition of Special Assessments Relating to the Financing and Securing of Certain Public Improvements Hear testimony from the affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on the property. Thereafter, the governing authority shall meet as an equalizing board to hear any and all complaints as to the special assessments on a basis of justice and right. A. Affidavits/Proof of Publication B. Mailed Notice to Property Owner(s) C. Engineer s Report - Assessment Phase 2A, dated October 19, 2017 D. Master Special Assessment Methodology Report for Phase 2A, dated October 25, 2017 E. Consideration of Resolution , Authorizing District Projects for Construction and/or Acquisition of Infrastructure Improvements; Equalizing, Approving, Confirming, and Levying Special Assessments on Property Specially

3 Board of Supervisors Babcock Ranch Community Independent Special District December 13, 2017, Public Hearings and Regular Meeting Agenda Page 2 Benefited 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 and 197, Florida Statutes, and Chapters , Laws of Florida; Confirming the District's Intention to Issue Special Assessment Revenue 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 5. Discussion: Establishment of Operations Manager Purchasing Authority 6. Consideration of Earth Tech Environmental, LLC Environmental Services Contract Renewal 7. Consider Termination of Dissemination Agent Services with Lerner Reporting Services, Inc. Authorization of District Manger to Serve as Dissemination Agent 8. Consideration of First Amendment to Jani-King, Inc. D/B/A Jani-King of Fort Myers Janitorial Maintenance Services Agreement 9. Ratification of Change Orders A. Number 14 B. Number 18 C. Number Consideration of Resolution , Regarding the Backing of a SIB Loan for the SR 31 Roadway Improvements and Providing for Severability and Effective Date 11. Approval of Unaudited Financial Statements as of November 30, Consideration of November 16, 2017 Public Hearings and Regular Meeting Minutes 13. Staff Reports A. District Counsel: Hopping Green & Sam, P.A. B. District Engineer: Kimley-Horn & Associates C. Field Operations Manager D. Construction Manager

4 Board of Supervisors Babcock Ranch Community Independent Special District December 13, 2017, Public Hearings and Regular Meeting Agenda Page 3 E. District Manager: Wrathell, Hunt and Associates, LLC i. NEXT MEETING DATE: January 25, 2018 at 1:00 P.M. 14. Board Members Comments/Requests 15. Public Comments 16. Adjournment Should you have any questions, please do not hesitate to contact me directly at (561) Sincerely, Craig Wrathell District Manager FOR BOARD AND STAFF TO ATTEND BY TELEPHONE CALL-IN NUMBER: CONFERENCE ID:

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26 Engineer s Report Assessment Phase 2A Babcock Ranch Community Independent Special District December 12, 2017 Prepared for Board of Supervisors Babcock Ranch Community Independent Special District Prepared by KIMLEY-HORN & ASSOCIATES 1412 JACKSON ST. SUITE 2 FORT MYERS, FL Prepared for Board of Supervisors Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1 i

27 TABLE OF CONTENTS INTRODUCTION... 1 Purpose... 1 General Description of the Proposed Development... 1 Overview... 1 BRCISD BOUNDARY AND PROPERTY SERVED... 2 BRCISD Boundary... 2 Property Served... 2 Existing Utility Infrastructure... 2 DESCRIPTION OF INFRASTRUCTURE... 3 Summary of BRCISD Phase 2A Facilities and Services... 3 Water, Sanitary Sewer, Irrigation Water Supply Systems... 3 Power Distribution Systems... 3 Telecommunication Systems... 3 Stormwater Management Systems and Roadways... 4 Streetscape, Landscape & Hardscape... 4 Open Space (Parks)... 4 Water Features... 4 Miscellaneous Improvements... 4 OWNERSHIP AND MAINTENANCE... 5 PERMITTING... 5 OPINIONS OF PROBABLE CONSTRUCTION COST... 6 Clearing, Grubbing, and Earthwork... 7 Roadway Improvements... 7 Prepared for Board of Supervisors Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1 ii

28 Entry Features and Wayfinding... 7 Mitigation... 7 Storm... 7 Master Storm... 8 Landscaping... 8 Offsite Improvements... 8 Design and Permitting... 8 Cumulative Summary of Costs... 8 SUMMARY AND CONCLUSION... 9 ENGINEER S CERTIFICATION ATTACHMENT 1. Summary of Total Plan of Improvements and Opinions of Probable Cost EXHIBITS 1. Location Map 2. Boundary Survey 3. Drainage Plan 4. Roadway Improvements Prepared for Board of Supervisors Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1 iii

29 INTRODUCTION Purpose The purpose of this report is to describe the 60+/- acre Phase 2A (hereinafter referred to as Phase 2A ) of Babcock Ranch Community Independent Special District (hereinafter referred to as BRCISD ) which is located east of State Road 31 in Charlotte County, Florida. The report will also describe the capital improvements to be constructed and financed by the BRCISD and their probable construction cost. General Description of the Proposed Development The proposed residential development is located north of the Charlotte/Lee County line and east of Cypress Parkway in Charlotte County, Florida. The location of the proposed development is shown in Exhibit 1. The development will include single-family and twin villa residential units, stormwater management systems, utility infrastructure, and landscaped roadways. Phase 2A will encompass the entire 60+/- acres shown in Exhibit 2. The BRCISD will construct, operate, and maintain portions of the infrastructure to support the proposed development. Overview At this time, the projected maximum plan of development for the land within Phase 2A provides master infrastructure for approximately 176 residential units in one phase of development. Planned development by area is as follows: Phase 2A Equivalent Res Units Single Family 52' x 130' (Front Load) 67 Units ' x 130' (Front Load) 53 Units Twin Villa 56 Units Total Equivalent Units BRCISD Phase 2A land use is generally described as follows: Description Area (acres) Single Family and Town Homes 33 Lakes 10 Future Development (including Amenity Parcels) 4 Rights of Way 8 Phase 1A Boundary 5 Gross BRCISD Phase 2A Area 60 Prepared for Board of Supervisors 1 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

30 In order to serve the residents and property owners of the Phase 2A, the BRCISD is developing a Capital Improvement Program (hereinafter referred to as the Program ) for the financing, construction and maintenance of certain improvements and facilities within, and adjacent to, Phase 2A as described below. These improvements are required by, or are consistent with, the requirements of Charlotte County, Florida, the South Florida Water Management District (SFWMD), the Florida Department of Transportation (FDOT) and other applicable, regulatory and jurisdictional entities. Brief descriptions of the improvements are included in the body of this report. The Program contained in this report reflects the present intentions of Phase 2A. The exact location of facilities may be modified during the course of approval and implementation, but these changes will not diminish or alter the benefits to be received by the land. BRCISD retains the right to make reasonable adjustments in the Program to meet the requirements of any governmental agency while providing the same or greater benefits to the land. Regulatory criteria will continue to evolve and future changes may affect the implementation of the Program, as it may be changed from time to time. The implementation of any improvement outlined within the Program requires the final approval of the BRCISD S Board of Supervisors. Costs contained in this report have been prepared based on opinions of probable costs using available information. It is possible that the probable costs could vary based on final engineering and ultimate construction bids. A summary of the total Program of improvements and associated opinions of probable cost are included in Attachment 1. BRCISD BOUNDARY AND PROPERTY SERVED BRCISD Boundary Exhibit 2 illustrates the boundaries of Phase 2A. Phase 2A is bordered to the north by the proposed Babcock Ranch Neighborhood School and Regional Park site; to the east and south by Babcock Ranch agricultural and undeveloped land; and to the west by the area previously described as BRCISD Phase 1. Property Served The site is currently agricultural and undeveloped land which includes 12+/- acres of wetlands within the 60+/- acres in Phase 2A. The terrain elevations fall from north to south, with elevations ranging from approximately 26 to 23 ft. North American Vertical Datum 1988 (NAVD). Construction of the proposed Phase 2A infrastructure commenced in the fall of The initial development in Phase 2A has been platted to include single family lots, twin-villa lots, streets, open space, and amenities. Existing Utility Infrastructure Currently, there are water, wastewater, and reuse utilities providing service to BRCISD Phase 1. There is also existing power service within the area defined as BRCISD Phase 1, but additional infrastructure will need to be put in place to service Phase 2A. Florida Power and Light (FPL) will be providing new infrastructure to support the future development in Phase 2A. There is an existing network of roadways Prepared for Board of Supervisors 2 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

31 within the BRCISD Phase 1 area that provide the road infrastructure to access the entrance into the Phase 2A parcel, however, no roadways internal to the development parcel exist at this time. The existing series of mining lakes, partially within BRCISD Phase 1 will be utilized for stormwater treatment and attenuation in addition to three (3) onsite lakes, and one (1) additional lake located in the future regional park site. A Conceptual Environmental Resource Permit (ERP) was issued April 15, 2010 which includes the area of BRCISD Phase 1 and Phase 2A. Three water control structures have been installed to prepare the lakes for this development. In addition, an ERP was issued March 17, 2017 for the Phase 2A. One (1) additional water control structure has been installed to facilitate the addition of Phase 2A to the master water management system. Potable water, sanitary sewer, and irrigation quality (IQ) water will be provided by Babcock Ranch Water Utilities, owned and operated by MSKP Town and Country Utilities, LLC. The development will be served by MSKP Town and Country Utilities through their plants and spine infrastructure. DESCRIPTION OF INFRASTRUCTURE Summary of BRCISD Phase 2A Facilities and Services The proposed infrastructure is a network of roadways, drainage systems, stormwater management facilities, sanitary sewer collection systems, potable water distribution systems, irrigation distribution systems, and wire utility conduit. It also includes the access to parks, open space areas, and sidewalks and trails, and within the BRCISD Phase 1. Water, Sanitary Sewer, Irrigation Water Supply Systems Sanitary sewer, potable water distribution, and IQ water supply systems are not included within the CIP. 1 Total distribution and collection (local utility) costs will be funded by Developer and/or future bonds. Power Distribution Systems Power Distribution Improvements costs are not included in the CIP. The power distribution systems will be funded by the Developer and/or future bonds. Telecommunication Systems No telecommunications improvements costs have been included in the CIP. The BRCISD reserves the right to include telecommunications conduit costs if funds are available. 1 The bond validation final judgment of the Circuit Court of the Twentieth Judicial Circuit of Florida rendered on April 1, 2008, does not include water, sanitary sewer, and irrigation water supply systems within the scope of the BRCISD s infrastructure. The BRCISD is currently pursuing a supplemental validation which will include such improvements. If and when such improvements are included in a bond validation final judgment, the District reserves the right to amend this report to include such improvements. Prepared for Board of Supervisors 3 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

32 Stormwater Management Systems and Roadways The stormwater management system will include drainage systems within and abutting Phase 2A, as well as the portion of the drainage systems lying within the BRCISD Phase 1 which are necessary and will be utilized by the area described herein. The stormwater management systems will be constructed in accordance with Florida Department of Environmental Protection (FDEP) and South Florida Water Management District (SFWMD) standards for stormwater quality treatment and flood control. The ERP approved drainage plan is referenced in Exhibit 3. All roads will be designed and will be constructed in accordance with applicable jurisdictional agency standards (i.e. Charlotte County and Florida Department of Transportation (FDOT)), and be publicly accessible roads. Typically, roadway construction will include sub-grade base, curbing, sidewalks, signage, striping, landscaping, landscape irrigation, and lighting. The proposed roadway plan is referenced in Exhibit 4. Master transportation improvements will consist of right-of-way dedications, improvements to SR 31, entrance intersection construction, traffic signals when warranted, and drainage facilities to support those improvements. Streetscape, Landscape & Hardscape Streetscape and landscape improvements included within Phase 2A will include street landscaping, signage within public areas, and landscaping of common areas. Landscape and streetscape elements, and a linear park will also be provided along the Phase 2A frontage along Cypress Parkway within the BRCISD Phase 1A area. Landscaping will include canopy and understory trees, shrubs, and ground cover within the streets and public spaces. Streetscape features to be constructed within BRCISD Phase 1 include decorative pavers at specific locations, decorative street lights, wayfinding signage, trash receptacles and benches. Open Space (Parks) The BRCISD Phase 1 development plan included improvements creating neighborhood parks with special landscape and hardscape features, greenspace with linear parks, and trails that will be utilized by the Phase 2A owners. Water Features The BRCISD Phase 1 included improvements to the existing lakes onsite. These lakes will be utilized for stormwater treatment and attenuation that also serve the Phase 2A. This work included lank bank reclamation and additional excavation within the existing lakes. Miscellaneous Improvements In addition to items above, miscellaneous improvements will be constructed, such as earthwork not previously addressed, on-site clearing and grubbing, exotic species removal, and required environmental mitigation and professional fees. Prepared for Board of Supervisors 4 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

33 OWNERSHIP AND MAINTENANCE Improvements financed by the BRCISD will be owned, operated, and maintained by the BRCISD. Other improvements will be transferred to the following entity for operation and maintenance: Babcock Ranch Ownership, Operation, & Maintenance Assignment Own Operate Maintain Utilities (water, waste water, reuse) TCU TCU TCU Power Distribution FPL FPL FPL Telecommunication- Wire BRCISD Centurylink Centurylink Telecommunication- Conduit BRCISD BRCISD BRCISD Drainage BRCISD BRCISD BRCISD Roadway BRCISD BRCISD BRCISD Streetscape/LA BRCISD BRCISD BRCISD Parks BRCISD BRCISD BRCISD Water Features BRCISD BRCISD BRCISD Other improvements are within the Phase 2A boundary but not financed by the BRCISD, including, but not limited to potable water, sanitary sewer, IQ water supply systems, private landscape areas, private irrigation systems, parking lots and driveways, private drainage systems and backflow preventers will belong to, and be maintained by, either the owner of the tract or by a homeowner s or property owner s association. Restoration and maintenance of roadway public improvements will be the responsibility of the BRCISD. PERMITTING The following is a list of Permit Applications previously submitted: Agency Permit Holder Description Issued ACOE BPH/BRISD To construct residential community. 7/2/2010 FDEP MSKP T&C Construct & operate WWTP 8/5/2014 FDEP MSKP T&C Construct & operate WTP 3/3/2015 SFWMD BPH/BRISD/T&C CONCEPTUAL ERP: Conceptual Construction 4/15/2010 SFWMD BPH Phase 1A Tract A - Lake A300-02/A1000-9/4/ /A Construction ERP SFWMD BPH/MSKP T&C Master Dewatering. 2/18/2013 SFWMD BPH/MSKP T&C Phase 1A Master Dewatering mod 8/4/2015 Prepared for Board of Supervisors 5 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

34 Agency Permit Holder Description Issued SFWMD BPH/T&C Phase 1A Tract A Irrigation WUP 8/4/2015 SFWMD MSKP T&C BRC Area 6 Potable Water Use. 5/14/2012 Charlotte BPH Phase 1A/Town Square Final Site Plan 8/12/2015 County Charlotte BPH Phase 1A/Town Square Plat 6/30/2016 County Charlotte BPH Phase 1A/Town Square Stormwater 7/31/2015 County Management Plan FDOT Driveway connection permit 4/7/2016 SFWMD BPH Phase 1B Construction ERP 7/28/2017 Charlotte BPH Phase 1B Final Site Plan 10/6/2017 County Charlotte BPH Phase 1B Plat PENDING County Charlotte BPH Phase 1B Stormwater Management Plan 9/27/17 County FDEP MSKP T&C/BPH Phase 1A/Town Square Utilities Plan 10/22/2015 FDEP MSKP T&C/BPH Phase 1B Utilities Plan 2/24/2017 SFWMD BPH Phase 2AA Construction ERP 3/ Charlotte BPH Phase 2AA Final Site Plan 5/ County Charlotte BPH Phase 2AA Plat 9/28/2017 County Charlotte BPH Phase 2AA Stormwater Management Plan 5/31/2017 County FDEP MSKP T&C/BPH Phase 2AA Utilities Plan 6/7/2017 OPINIONS OF PROBABLE CONSTRUCTION COST Opinions of Probable Cost for the proposed improvements are provided in Attachment 1. The opinions of cost are based on unit prices currently being experienced for ongoing and similar items of work in the area. Quantities have been determined using the best available information at this time. That information ranges from construction level plans to concept plans and written descriptions of improvements. The labor market, future costs of equipment and materials, and the actual construction process are all beyond the Engineer s control. Due to this inherent opportunity for fluctuation in cost, the total final cost may be more or less than this estimate. The opinions of probable cost for the improvements within the BRCISD Phase 1 have been prepared by Kimley-Horn and Associates, Inc. Prepared for Board of Supervisors 6 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

35 Clearing, Grubbing, and Earthwork In general, clearing, grubbing, and earthwork costs include: Clearing development areas in Phase 2A, debris disposal, and rough grading of the site which includes hauling of fill material. Production of fill material is generated though construction of future BRCISD owned and maintained lakes as required for stormwater management facilities. Contingency and mobilization are also included as part of the costs. Production of fill materials are generated through construction of required stormwater management facilities. Total Clearing Grubbing, and Earthwork....$1,141,000 Roadway Improvements In general, the roadway improvement costs include the furnishing and installation of the following road components and construction services: Excavation/fill, sub-grade, road base, asphalt, curb, sidewalk, lighting, gutter, intersection construction, drainage systems, and landscaping within the right-of-way of public roadways. Contingency and mobilization are included as part of these costs. Total Roadway Improvements $1,881,000 Entry Features and Wayfinding In general, the estimated costs for entry features and wayfinding include: hardscape, pavers, lighting, and signage. Contingency and mobilization are also taken into account. Mitigation Total Entry Features and Wayfinding.. $100,000 In general, the estimated costs for mitigation include: cost of mitigating offsite lands consistent with local, state, and federal permitting requirements. Storm Total Mitigation.... $614,000 In general, the estimated costs for the storm include allocations for the construction of improvements and costs including the furnishing and installation of the following components and construction services: reinforced concrete pipe of various sizes, stormwater inlets, manholes, endwalls, mitered end sections, and control structures. Contingency and mobilization are also taken into account. Total Storm $508,000 Prepared for Board of Supervisors 7 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

36 Master Storm In general, the estimated costs for the master storm include master stormwater improvements and permitting, reclamation of existing lake banks and additional excavation of the lakes. Contingency and mobilization are also taken into account. Total Master Storm $414,000 Landscaping In general, the estimated costs for landscaping include: landscape and planters. Contingency and mobilization are also taken into account. Total Landscaping.. $200,000 Offsite Improvements The offsite improvement costs include the required improvements to SR 31; the design, permitting and construction of the stormwater management lakes for the SR 31 expansion; the design, permitting and construction of trails, greenways, and parks that will services the community; and offsite intersection improvements to accommodate the parcel. Total Offsite Improvements..$579,000 Design and Permitting In addition to the construction costs for items directly in Phase 2A as identified above, design and permitting fees were incurred prior to construction, which may include: engineering fees, biological opinions, and permitting fees for state, local, and federal permits. Total Design and Permitting.....$150,000 Cumulative Summary of Costs Item Estimated Cost Clearing, Grubbing, and Earthwork $1,141,000 Roadway Improvements $1,881,000 Entry Features and Wayfinding $100,000 Mitigation $614,000 Storm $508,000 Master Storm $414,000 Landscaping $200,000 Offsite Improvements $579,000 Design and Permitting $150,000 GRAND TOTAL $5,587,000 Prepared for Board of Supervisors 8 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

37 SUMMARY AND CONCLUSION The infrastructure, as outlined above, is necessary for the functional development of BRCISD Phase 2A as required by the applicable jurisdictional and governmental agencies. The planning and design of the infrastructure will be in accordance with current governmental regulatory requirements and industrial standards. The infrastructure will serve its intended function so long as the construction is in substantial compliance with the design, permits and local governing agencies. Items for construction in this report are based on current plan quantities for infrastructure construction and these infrastructure improvements will benefit and add value to BRCISD Phase 2A. Prepared for Board of Supervisors 9 Phase 2A Babcock Ranch Community Independent Special District Engineer s Report December 12, 2017 Ver. 1

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61 RESOLUTION A RESOLUTION OF THE GOVERNING BOARD OF BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT 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 AND 197, FLORIDA STATUTES, AND CHAPTER , LAWS OF FLORIDA; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE SPECIAL ASSESSMENT REVENUE 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 RECITALS WHEREAS, the Babcock Ranch Community Independent Special District (the District ) previously adopted Resolution that indicated its intention to construct certain types of infrastructure improvements and to finance such infrastructure improvements through the issuance of its bonds, which bonds would be repaid by the imposition of special assessments on benefitted property within the District; and WHEREAS, the District Governing Board (the Board ) has noticed and conducted a public hearing pursuant to Chapters 170 and 197, Florida Statutes, and Chapter , Laws of Florida, as amended, relating to the imposition, levy, collection and enforcement of such assessments; and NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT AS FOLLOWS: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapters 170 and 197, Florida Statutes, and Chapter , Laws of Florida, as amended. SECTION 2. FINDINGS. The Governing Board of the Babcock Ranch Community 1 of 8

62 Independent Special District hereby finds and determines as follows: (a) The District is a local unit of special-purpose government organized and existing under and pursuant to Chapters 170 and 197, Florida Statutes, and Chapter , Laws of Florida, as amended. (b) The District is authorized by Chapter , Laws of Florida, as amended, to finance, fund, plan, establish, acquire, install, equip, operate, extend, construct, or reconstruct roadways, stormwater water management and drainage facilities, utilities, and other infrastructure projects, and services necessitated by the development of, and serving lands within, the District. (c) The District is authorized by Chapters 170 and 197, Florida Statutes and Chapter , Laws of Florida, as amended, to levy and impose special assessments to pay all, or any part of, the cost of such infrastructure projects and services and to issue special assessment bonds payable from such special assessments as provided in Chapters 170 and 197, Florida Statutes and Chapter , Laws of Florida, as amended. (d) It is necessary to the public health, safety and welfare and in the best interests of the District that (i) the District provide the "Project", the nature and location of which was initially described in Resolution and is shown in the Engineer s Report for Assessment Phase 2A dated October 19, 2017 (the Engineer s Report ), and the plans and specifications on file in the offices of the District Manager at 2300 Glades Road, Suite 410W, Boca Raton, Florida (the District Records Office ) and SR 31, Punta Gorda, Florida (the District Local Records Office ); (ii) the cost of such Project be assessed against the lands specially benefitted by such Project; and (iii) the District issue bonds to provide funds for such purposes pending the receipt of such Special Assessments. (e) The provision of said Project, the levying of such Special Assessments (hereinafter defined) and the sale and issuance of such bonds serves a proper, essential, and valid public purpose and is in the best interests of the District, its landowners and residents. (f) In order to provide funds with which to pay a portion of the costs of the Project which are to be assessed against the benefitted properties, pending the collection of such Special Assessments, it is necessary for the District from time to time to sell and issue its special assessment or other bonds or forms of indebtedness in one or more series (the "Bonds"). (g) By Resolution , the Board determined to provide the Project and to defray the costs thereof by levying Special Assessments on benefitted property and expressed an intention to issue Bonds to provide a portion of the funds needed for the Project prior to the collection of such Special Assessments. Resolution was adopted in compliance with the requirements of Section , Florida Statutes and Chapter , Laws of Florida, as amended, and prior to the time it was adopted, the requirements of Section , Florida Statutes and Chapter , Laws of Florida, as amended, had been met. (h) As directed by Resolution , said Resolution was published as required 2 of 8

63 by Section , Florida Statutes and Chapter , Laws of Florida, as amended, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board. (i) As directed by Resolution , a preliminary assessment roll was adopted and filed with the Board as required by Section , Florida Statutes and Chapter , Laws of Florida, as amended. (j) As required by Section , Florida Statutes and Chapter , Laws of Florida, as amended, upon completion of the preliminary assessment roll, the Board adopted Resolution fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (1) the propriety and advisability of making the infrastructure improvements, (2) the cost thereof, (3) the manner of payment therefore, and (4) the amount thereof to be assessed against each specially benefitted property or parcel and provided for publication of notice of such public hearing and individual mailed notice in accordance with Chapters 170 and 197, Florida Statutes and Chapter , Laws of Florida, as amended. (k) Notice of such public hearing was given by publication and also by mail as required by Section , Florida Statutes and Chapter , Laws of Florida, as amended. Affidavits as to such publications and mailings are on file in the office of the Secretary of the Board. (l) On December 13, 2017, at the time and place specified in the resolution and notice referred to in paragraph (k) above, the Board met as an Equalization Board and heard and considered all complaints and testimony as to the matters described in paragraph (j) above. The Board has made such modifications in the preliminary assessment roll as it deems necessary, just and right in the making of the final assessment roll. (m) Having considered the estimated costs of the Project, estimates of financing costs and all complaints and evidence presented at such public hearing, the Governing Board of the District further finds and determines: (i) that the estimated costs of the Project is as specified in the Engineer s Report (attached as Exhibit A hereto and incorporated herein by this reference), which Engineer s Report is hereby adopted and approved, and that the amount of such costs is reasonable and proper; and (ii) it is reasonable, proper, just and right to assess the cost of such Project against the properties specially benefitted thereby using the method determined by the Board set forth in the Master Special Assessment Methodology Report for Phase 2A dated October 25, 2017 ( Methodology Report ), (attached hereto as Exhibit B and incorporated herein by this reference), which results in the special assessments set forth on the final assessment roll (the Special Assessments ); and (iii) it is hereby declared that the Project will constitute a special benefit to all parcels of real property listed on said final assessment roll and that the benefit, in the case of 3 of 8

64 each such parcel, will be equal to or in excess of the Special Assessments thereon when allocated as set forth in Exhibit B; and (iv) it is in the best interests of the District that the Special Assessments be paid and collected as herein provided. SECTION 3. AUTHORIZATION OF DISTRICT PROJECT. That certain Project for construction of infrastructure improvements initially described in Resolution , and more specifically identified and described in Exhibit A attached hereto, is hereby authorized and approved and the proper officers, employees and/or agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made. SECTION 4. ESTIMATED COST OF IMPROVEMENTS. The total estimated costs of the Project and the costs to be paid by Special Assessments on all specially benefitted property are set forth in Exhibits A and B, respectively, hereto. SECTION 5. EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY OF SPECIAL ASSESSMENTS. The Special Assessments on the parcels specially benefitted by the Project, all as specified in the final assessment roll set forth in Exhibit B, attached hereto, are hereby equalized, approved, confirmed and levied. Immediately following the adoption of this Resolution these Special Assessments as reflected in Exhibit B, attached hereto, shall be recorded by the Secretary of the Board of the District in a special book, to be known as the Improvement Lien Book. The Special Assessment or assessments against each respective parcel shown on such final assessment roll and interest, costs and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal with the lien of all state, county, district, municipal or other governmental taxes and superior in dignity to all other liens, titles, and claims. Prior to the issuance of any bonds, including refunding bonds, the District may, by subsequent resolution, adjust the acreage assigned to particular parcel identification numbers listed on the final assessment roll to reflect accurate apportionment of acreage within the District amongst individual parcel identification numbers. The District may make any other such acreage and boundary adjustments to parcels listed on the final assessment roll as may be necessary in the best interests of the District as determined by the Board by subsequent resolution. Any such adjustment in the assessment roll shall be consistent with the requirements of law. In the event the issuance of bonds, including refunding bonds, by the District would result in a decrease of the Special Assessments, then the District shall by subsequent resolution, adopted within sixty (60) days of the sale of such bonds at a publicly noticed meeting and without the need for further public hearing, evidence such a decrease and amend the final assessment roll as shown in the Improvement Lien Book to reflect such a decrease. SECTION 6. FINALIZATION OF SPECIAL ASSESSMENTS. When the entire Project has both been constructed or otherwise provided to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections and , Florida Statutes and Chapter , Laws of Florida, as amended. Pursuant to the provisions of Section , Florida Statutes and Chapter 4 of 8

65 , Laws of Florida, as amended, regarding completion of a project funded by a particular series of bonds, the District shall credit to each Special Assessment the difference, if any, between the Special Assessment as hereby made, approved and confirmed and the actual costs incurred in completing the Project. In making such credits, no credit shall be given for bond financing costs, capitalized interest, funded reserves or bond discounts. Such credits, if any, shall be entered in the Improvement Lien Book. Once the final amount of Special Assessments for the entire Project has been determined, the term Special Assessment shall, with respect to each parcel, mean the sum of the costs of the Project. In the event that a landowner prepays a Special Assessment prior to its finalization, no credit shall be given if the total cost of the Project are less than anticipated. SECTION 7. COLLECTION. PAYMENT OF SPECIAL ASSESSMENTS AND METHOD OF (a) The Special Assessments may be paid in not more than thirty (30) consecutive annual installments of principal and interest or such other schedule as may be set by the amortization schedule for the Bonds. The Board shall at any time make such adjustments by resolution, at a noticed meeting of the Board, to that payment schedule as may be necessary and in the best interests of the District to account for changes in long and short term debt as actually issued by the District. At any time subsequent to thirty (30) days after the Project has been completed and a resolution accepting the Project has been adopted by the Board, the Special Assessments may be prepaid in full including interest amounts to the next succeeding interest payment date or to the second succeeding interest payment date if such a prepayment is made within forty-five (45) calendar days before an interest payment date. The owner of property subject to Special Assessments may prepay the entire remaining balance of the Special Assessments at any time, or a portion of the remaining balance of the Special Assessment one time if there is also paid, in addition to the prepaid principal balance of the Special Assessment, an amount equal to the interest that would otherwise be due on such prepaid amount on the next succeeding interest payment date for the Bonds, or, if prepaid during the fortyfive day period preceding such interest payment date, to the interest payment date following such next succeeding interest payment date. Prepayment of Special Assessments does not entitle the property owner to any discounts for early payment. (b) The District may elect to use the method of collecting Special Assessments authorized by Sections and , Florida Statutes and Chapter , Laws of Florida, as amended, (the "Uniform Method"). The District has heretofore taken or will use its best efforts to take as timely required necessary actions to comply with the provisions of said Sections and , Florida Statutes and Chapter , Laws of Florida, as amended. Such Special Assessments may be subject to all of the collection provisions of Chapter 197, Florida Statutes. Notwithstanding the above, in the event the Uniform Method of collecting its special or non ad valorem assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Special Assessments may be collected as is otherwise permitted by law. The District may, in its sole discretion, collect Special Assessments by directly assessing landowner(s) and enforcing said collection in any manner authorized by law. (c) For each year the District uses the Uniform Method, the District shall enter into an agreement with the Tax Collector of Charlotte County who may notify each owner of a lot or parcel 5 of 8

66 within the District of the amount of the Special Assessment, including interest thereon, in the manner provided in Section , Florida Statutes and Chapter , Laws of Florida, as amended. (d) In the event that an assessment payment is not made in accordance with the schedule referenced above, such assessment and any future scheduled assessment payments shall be delinquent and shall accrue penalties and interest in the amount of one percent (1%) per month plus all costs of collection and enforcement, and shall either be enforced pursuant to a foreclosure action, or, at the District s discretion, collected pursuant to the Uniform Method on a future tax bill, which amount may include penalties, interest, and costs of collection and enforcement. In the event an assessment subject to direct collection by the District shall be delinquent, the District Manager and District Counsel, without further authorization by the Board, may initiate foreclosure proceedings to collect and enforce the delinquent and remaining assessments. SECTION 8. APPLICATION OF TRUE UP PAYMENTS. (a) Pursuant to the Methodology Report, attached hereto as Exhibit B, there may be required from time to time certain True Up Payments. As parcels of land or lots are platted, the special assessments securing the Bonds shall be allocated as set forth in the Assessment Methodology Report. In furtherance thereof, at such time as parcels or land or lots are platted, it shall be an express condition of the lien established by this Resolution that any and all initial plats of any portion of the lands within the District, as the District s boundaries may be amended from time to time, shall be presented to the District Manager for review, approval and calculation of the percentage of acres and numbers of units which will be, after the plat, considered to be developed. No further action by the Governing Board shall be required. The District s review shall be limited solely to this function and the enforcement of the lien established by this Resolution. The District Manager shall cause the Special Assessments to be reallocated to the units being platted and the remaining property in accordance with such supplemental assessment methodology report, cause such Reallocation to be recorded in the District s Improvement Lien Book, and shall perform the true-up calculations described in such supplemental assessment methodology report, which process is incorporated herein as if fully set forth. Any resulting True-Up Payment shall become due and payable that tax year by the landowner(s) of record of the remaining property, in addition to the regular assessment installment payable with respect to the remaining developable acres. (b) The District will take all necessary steps to ensure that True-Up Payments are made in a timely fashion to ensure its debt service obligations are met. The District shall record all True-Up Payments in its Improvement Lien Book. (c) The foregoing is based on the District's understanding that as many as 176 residential units are planned on gross acres based on the unit numbers and types shown in Exhibit B, on the property subject to the Special Assessments. The Assessment Methodology Report is to provide a formula to ensure that the appropriate ratio of the Special Assessments to developable acres is maintained if less acres are developed. However, no action by the District prohibits or proscribes a maximum amount of development that may occur. In no event shall the District collect Special Assessments pursuant to this Resolution in excess of the total debt service related to the Project, including all costs of financing and interest. The District recognizes that such things as regulatory 6 of 8

67 requirements and market conditions may affect the timing and scope of the development in the District. If the strict application of the True-Up Methodology to any assessment reallocation pursuant to this paragraph would result in Special Assessments collected in excess of the District's total debt service obligation for the Project, the Board shall by resolution take appropriate action to equitably reallocate the Special Assessments. Further, upon the District s review of the final plat for the developable acres, any unallocated Special Assessments shall become due and payable and must be paid prior to the District s approval of that plat. (d) The application of the monies received from True-Up Payments or assessments to the actual debt service obligations of the District, whether long term or short term, shall be set forth in the supplemental assessment resolution adopted for each series of bonds actually issued. A separate resolution shall be issued for each set of bonds. Such subsequent resolution shall be adopted at a noticed meeting of the District, and shall set forth the actual amounts financed, costs of issuance, expected costs of collection, and the total amount of the assessments pledged to that issue, which amount shall be consistent with the lien imposed by this Resolution. SECTION 9. GOVERNMENT PROPERTY; TRANSFERS OF PROPERTY TO UNITS OF LOCAL, STATE, AND FEDERAL GOVERNMENT. Property owned by units of local, state, and federal government shall not be subject to the Special Assessments without specific consent thereto. In addition, property owned by a property owners association or a homeowners association that is exempt from special assessments under Florida law shall not be subject to the Special Assessments. If at any time, any real property on which Special Assessments are imposed by this Resolution is sold or otherwise transferred to a unit of local, state, or federal government (without consent of such governmental unit to the imposition of Special Assessments thereon), all future unpaid Special Assessments for such tax parcel shall become due and payable immediately prior to such transfer without any further action of the District. SECTION 10. ASSESSMENT NOTICE. The District s Secretary is hereby directed to record a general Notice of Assessments in the Official Records of Charlotte County, Florida, which shall be updated from time to time in a manner consistent with changes in the boundaries of the District. SECTION 11. SEVERABILITY. If any section or part of a section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 12. CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 13. EFFECTIVE DATE. This Resolution shall become effective upon its adoption. 7 of 8

68 APPROVED AND ADOPTED THIS 13 th DAY OF DECEMBER, Secretary/Assistant Secretary Chairman/Vice Chairman Exhibit A: Engineer s Report dated October 19, 2017 Exhibit B: Master Special Assessment Methodology Report dated October 25, of 8

69 10600 Jolea Avenue November 27, 2017 Bonita Springs, FL Phone: (239) Fax: (239) CC License # FDACS License # CM15838 Babcock Ranch Community Independent Special District c/o Wrathell, Hunt & Associates, LLC 2300 Glades Rd. Suite 410W Boca Raton, FL RE: RENEWAL Environmental Services for Babcock Ranch CISD Both Customer and Earth Tech Environmental LLC agree to the following conditions: General Conditions: Earth Tech Environmental LLC will provide the below-listed professional services on behalf of the customer in accordance with the terms and conditions of this agreement: Task Annual Exotic Maintenance for Solar Mitigation: Earth Tech Environmental LLC will perform annual exotic eradication activities within ± AC of the Solar Mitigation Area at Babcock Ranch in Charlotte County, FL (see map). This task will consist of treatment of all FLEPPC category I & II exotic/nuisance species and selective invasive species within the designated areas. Selective herbicide treatments will commence in January 2018 and continue as needed through December 31, Throughout each calendar year areas will be designated for treatment based on water-levels, percent of coverage, and/or by request be the client or client s representative (JEI). Eradication methods will consist of (1) cutting and stump treatment of all woody exotic/nuisance species; (2) frill and/or girdle of any woody exotic/nuisance species greater than 4 DBH; (3) foliar treatment of all saplings and/or herbaceous exotic/nuisance species; (4) hand pulling of exotic/nuisance saplings; and/or (5) mosaic mowing and/or brushcutting of exotic/nuisance & invasive species less than 1 ½ DBH. All treated vegetation will remain within the project boundaries. A qualified project manager licensed to apply herbicide in aquatic areas, ROW, forested areas and natural areas will supervise all work. This task does not include heavy mechanical vegetation clearing, earth moving activities, trash clean-up and disposal, or any other activities not associated with the abovelisted eradication methods. Invoices will occur throughout the calendar year based on time and material for this task. The above-listed methods will be provided and invoiced based on an HOURLY / COST-PLUS contract agreement. The accrued total invoicing will not exceed the clients pre-determine budget of $140, for Task Annual Exotic Maintenance for Solar Mitigation at Babcock Ranch. Earth Tech Environmental LLC will complete all described work within the designated areas by December 31, DESCRIPTION ANNUAL PRICE Task Annual Maintenance $ 70, Task Annual Maintenance $ 70, Task Annual Exotic Maintenance for Solar Mitigation Area $ 140, The below-listed pricing is based on all labor and equipment necessary to perform the eradication methods described in Environmental Services Babcock Ranch Independent Special District. All hourly rates include overhead, mark-up, travel expenses and daily related costs for the utilization of the below-listed equipment (except herbicide usage). Hourly rates are based on maximum 48 hour work weeks: DESCRIPTION HOURLY RATE Project Manager * $ per HR Project Foreman ^ $ per HR Field Technician Leader ^ $ per HR Field Technician(s) ^ $ per HR Tractor / Bush Hog Operator ^ $ per HR Administration # $ per HR * Project Manager billable hours towards Environmental Services will not exceed 4 hrs. per day ^ All field supervision and labor billable hours towards Environmental Services will not exceed 9 hrs. per day # Administration billable hours towards Environmental Services will not exceed 1 hr. per day.

70 Earth Tech Environmental LLC will utilize 4x4 work trucks, swamp buggy(s), all-terrain vehicle(s), boom sprayer(s), skid sprayer(s), backpack sprayer(s), walk behind brush mower, chainsaw(s), brushcutter(s) and farm tractor with bush hog mower to perform Environmental Services Solar Mitigation at Babcock Ranch. Any additional equipment or services not provided will be approved by the client and invoiced at a rate of COST-PLUS 5% (e.g. dumpsters, air-boat, skid-steer etc.). All herbicide usage for Annual Exotic Maintenance for Solar Mitigation will be properly documented and invoiced to the client at a rate of COST-PLUS 5%. An updated price list for herbicide products will be provided to the client throughout the project. Vendor invoicing and daily treatment reports will be provided with any invoice submittals for this project. Earth Tech Environmental LLC will work closely with Client to minimize the cost of the project and to maximize the effect of its work. At the Client s request; Earth Tech Environmental LLC will arrange weekly telephone conferences with a representative of Client without cost to Client, to discuss, plan and budget for the work for the following period or periods. Earth Tech Environmental LLC will undertake no work, cost or expense without the prior approval of Client, in writing, except in cases of emergency where written approval is not practical. 2. Contract Term: The term of this agreement is full payment upon completion of each task. Invoicing will be submitted throughout the duration of the project. 3. Contract Services: Client agrees to pay Earth Tech Environmental LLC the total approved budgetary amount up to $140, during the term of this agreement for the above-listed services. 4. Starting Date: The starting date will be scheduled immediately following the agreement for environmental services, unless otherwise agreed to by both Parties in writing. 5. Schedule of Payment: Customer agrees to pay Earth Tech Environmental LLC within thirty (30) days of any submitted invoice. Invoicing will occur throughout the life of the project on a monthly basis, unless an alternative payment schedule is agreed upon by both Parties in writing. 6. Default: Should Customer default on any provision of this agreement, Customer agrees that Earth Tech Environmental LLC may, at its sole discretion, seek any and all of the following remedies: Termination of this Contract Agreement. In the event, Customer agrees to make immediate payment of the Total Contract Amount, less payments made, through the end of the Contract Term as liquidated and agreed upon damages. Collection Charges for Monies Due. Customer agrees to pay Earth Tech Environmental LLC reasonable attorney s fees, court costs, collection costs and all other expenses incurred by Earth Tech Environmental LLC from this collection activity. 7. Safety: Earth Tech Environmental LLC agrees to use its best efforts and specialized equipment, products and procedures to provide safe and effective results for treatment area sites. 8. Additional Services: Work requested by the Customer such as trash clean up, debris removal, horticultural disposal and other services performed outside the scope of this contract will be billed separately at an agreed upon price by both parties. 9. Insurance: Earth Tech Environmental LLC maintains Worker s Compensation, General Liability, Auto, Property and Casualty coverage. A Certificate of Insurance will be provided upon request. Earth Tech Environmental, LLC Jolea Avenua Phone: (239) Bonita Springs, FL Fax: (239)

71 10. Contract Documents: This contract constitutes the entire agreement of Earth Tech Environmental LLC and Customer in the event that any portion of this agreement shall be held invalid or unenforceable; the remaining portions shall be binding upon both parties. No oral changes or modifications of the terms contained herein shall be valid unless made in writing and accepted by both Parties or authorized by their designated agents. Earth Tech Environmental LLC 1060 Jolea Avenue Bonita Springs, FL Authorized Client Signature Print Name / Title Date Earth Tech Environmental, LLC Jolea Avenua Phone: (239) Bonita Springs, FL Fax: (239)

72 Babcock Ranch Community Independent Special District Treatment Areas Earth Tech Environmental, LLC Jolea Avenua Phone: (239) Bonita Springs, FL Fax: (239)

73 FIRST AMENDMENT TO JANITORIAL MAINTENANCE SERVICES AGREEMENT BETWEEN BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT AND JANI-KING, INC. D/B/A JANI-KING OF FORT MYERS THIS FIRST AMENDMENT ( First Amendment ) is made and entered into this day of December, 2017, by and between: BABCOCK RANCH INDEPENDENT SPECIAL DISTRICT, a local unit of specialpurpose government established pursuant to Chapter , Laws of Florida and located in Charlotte and Lee Counties, whose address is Corporate Blvd, Orlando, Florida (the District ), and JANI-KING, INC. D/B/A JANI-KING OF FORT MYERS, a Texas corporation, with offices located at Jetport Commerce Pkwy., Suite 15 & 16, Ft. Myers, Florida ( Contractor, together with District, Parties ). RECITALS WHEREAS, on, 2017, the District and Contractor entered into that certain Janitorial Maintenance Services (the Agreement ) for maintenance services for certain areas within the District; and WHEREAS, the parties desire to amend the Agreement to provide additional janitorial maintenance for the trail system restrooms within the District in accordance with Contractor s proposal dated November 14, 2017, attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, each of the parties hereto has the authority to execute this First Amendment and to perform its obligations and duties hereunder, and each party has satisfied all conditions precedent to the execution of this First Amendment so that this First Amendment constitutes a legal and binding obligation of each party hereto. NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the District and Contractor agree as follows: SECTION 1. The Agreement is hereby affirmed and continues to constitute a valid and binding agreement between the Parties. Except as described in Sections 2 and 3 of this First Amendment, nothing herein shall modify the rights and obligations of the parties under the Agreement. All of the remaining provisions remain in full effect and fully enforceable. SECTION 2. The Scope of Services set forth in Section 2 of the Agreement and as more specifically identified in Exhibit A thereto shall be amended to so as to include the additional services identified in Exhibit A hereto. 1

74 SECTION 3. Section 4, Paragraph A, is hereby amended to authorize the District to compensate Contractor an additional $ (Three Hundred Dollars) per month in accordance with Exhibit A, for a total monthly amount of $ (Eight Hundred Dollars) per month for the Services set forth in the Agreement beginning December 1, 2017 through August 31, SECTION 4. are hereby ratified. All other terms of the Agreement shall remain in full force and effect and IN WITNESS WHEREOF, the parties hereto have signed this First Amendment to the Agreement on the day and year first written above. ATTEST: BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT Secretary/Assistant Secretary Chairperson, Board of Supervisors ATTEST: By: JANI-KING, INC. D/B/A JANI-KING OF FORT MYERS Print: Its: Exhibit A: Contractor s Proposal dated November 14,

75 Exhibit A 1

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