Reunion West Community Development District Agenda September 12, 2024 September 5, 2024 Board of Supervisors Reunion West Community Development District Dear Board Members: The regular meeting of the Board of Supervisors of the Reunion West Community Development District will be held Thursday, September 12, 2024 at 11:00 AM at the Heritage Crossing Community Center, 7715 Heritage Crossing Way, Reunion, FL. Zoom Information for Members of the Public: Link: https://us06web.zoom.us/j/82018699681 Dial-in Number: (646) 876-9923 Meeting ID: 820 1869 9681 Following is the advance agenda for the meeting: 1. Roll Call 2. Public Comment Period 3. Approval of Minutes of the August 8, 2024 Board of Supervisors Meeting 4. Discussion of Long Range Planning 5. Contract Renewals A. Consideration of Aquatic Vegetation Management Agreement Renewal with Applied Aquatic Management, Inc. B. Consideration of Landscape/Grounds Maintenance Services Agreement Renewal with Yellowstone Landscape C. Consideration of Landscape/Grounds Maintenance Services Agreement Renewal with Creative North 6. Consideration of License Agreement for Sign Installation – ADDED 7. Consideration of Agreement for Pavement Maintenance – ADDED 8. Staff Reports A. Attorney B. Engineer C. Field Manager Updates D. District Manager’s Report i. Action Items List ii. Approval of Check Register iii. Balance Sheet and Income Statement iv. Replacement and Maintenance Plan E. Security Report 9. Other Business 10. Supervisor’s Requests 11. Next Meeting Date: October 10, 2024 12. Adjournment Sincerely, Tricia L. Adams District Manager MINUTES OF MEETING REUNION WEST COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Reunion West Community Development District was held on Thursday, August 8, 2024 at 11:00 a.m. via Zoom Communication Media Technology and at the Heritage Crossing Community Center, 7715 Heritage Crossing Way, Reunion, Florida. Present and constituting a quorum: Graham Staley Chairman Sharon Harley Vice Chair Mark Greenstein Assistant Secretary William (Bill) Witcher Assistant Secretary Michael Barry Assistant Secretary Also present were: Tricia Adams District Manager Kristen Trucco District Counsel James Curley District Engineer Alan Scheerer Field Manager Aura Zelada Artemis Lifestyles Victor Vargas Reunion Security Pete Whitman Yellowstone Landscape Residents The following is a summary of the discussions and actions taken at the August 8, 2024 Reunion West Community Development District Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Ms. Adams called the meeting to order at 11:00 a.m. and called the roll. All Supervisors were present. SECOND ORDER OF BUSINESS Public Comment Period There being no comments, the next item followed. THIRD ORDER OF BUSINESS Approval of the Minutes of the July 11, 2024 Board of Supervisors Meeting Ms. Adams presented the minutes of the July 11, 2024 Board of Supervisors meetings, which were included in the agenda package and reviewed by District management staff, District Counsel and the Chairman. On MOTION by Mr. Greenstein seconded by Mr. Barry with all in favor the Minutes of the July 11, 2024 Board of Supervisors Meeting were approved as presented. FOURTH ORDER OF BUSINESS Public Hearing On MOTION by Ms. Harley seconded by Mr. Staley with all in favor the public hearing on the adoption of the Fiscal Year 2025 budget was opened. There being no public comments, Ms. Adams asked for a motion to close the public hearing. On MOTION by Mr. Staley seconded by Mr. Greenstein with all in favor the public hearing on the adoption of the Fiscal Year 2025 budget was closed. A. Consideration of Resolution 2024-08 Adopting the Fiscal Year 2025 Budget and Relating to the Annual Appropriations Ms. Adams presented Resolution 2024-08, Adopting the Fiscal Year (FY) 2025 Budget, for the period starting October 1, 2024 and ending September 30, 2025. The Resolution memorializes that the proposed budget was provided to the local government, posted on the website, and that today’s public hearing had been set and noticed in accordance with Florida Statutes. The Resolution also identifies the appropriations for the General and Debt Service Funds and provides a provision in case the budget needs to be amended for FY 2025. Attached to the Resolution as Exhibit A, is the Proposed Budget for 2025. When this proposed budget was approved, the Board set the high-water mark for the Operations and Maintenance (O&M) Fee, which was proposed to be the same amount as the current fiscal year. Since the proposed budget was reviewed an event in Reunion East, caused the need for significant changes, due to Kingwood Orlando Reunion Resort (KORR), terminating the Management Services Agreement (MSA) for the Heritage Crossings Community Center (HCCC) by October 1st. With the MSA, the CDD paid an annual fee and KORR managed the day-to-day operations, including landscaping, custodial services and HVAC maintenance, etc. As a result of the Reunion East CDD taking over direct maintenance responsibilities for HCCC and The Stables on October 1st, the budget was amended to include a section for the operations of HCCC, which was separated from Field Expenses for tracking purposes, for the first year. The estimated budget amounts were based on historical information and KORR providing 12 months of current utility bills and pest control services. The other change in the proposed budget was the financials were updated through the end of June. Mr. Witcher questioned who managed use of the facilities. Ms. Adams stated that KORR expressed an interest in continuing to rent the facility, as they currently paid rental fees to the CDD, which was included under Rental Income. The public could rent the facility, but there were no budget funds for marketing the facility nor administrative management of the facility or acquiring furniture. Ms. Adams and Mr. Scheerer were working on these issues and planned to report to the Reunion East CDD Board at the next meeting. Mr. Witcher asked if the District made a profit from rental of the facility. Ms. Adams explained that the facility was operated as an amenity not as an enterprise stream. Ms. Trucco confirmed that rental fees were intended to just cover the expenses of the CDD, to maintain the infrastructure that was being rented and the use the property of the CDD was for a governmental purpose, not for making a profit. However, if there was an incidental profit, funds could be used to fund the expenses of the CDD. Mr. Staley questioned the amount that the CDD was paying KORR. Ms. Adams recalled that the CDD was paying $7,150 annually, under the MSA and that amount was previously included in budget, under the MSA line item in the General Fund but now zeroed out. Regarding the budget, Ms. Adams explained that Revenues recognized special assessments or O&M fees on the Tax Bills, Interest Income was based on Surplus Funds that were invested and Rental Income based on historical rental revenue. Because this Board did a great job of controlling expenses and accumulated surplus funds, the budget recognized a Carry Forward balance in the General Fund, in order to balance the budget, so the total revenues and total expenses balanced. Under the Administrative Budget, the only change was a reduction in the Annual Audit, due to the most recent Audit Agreement that the Board approved for FY 2024. There was also an increase in professional fees, based on the current spending. There were no substantive changes for the shared expenses for FY 2025, other than zeroing out the MSA and fine-tuning any line items, based on the current spending. To balance the budget, due to the increase in expenses, there was a reduction in the proposed Transfer Out to the R&M Fund. There was a level assessment, as there was no variance between FY 2024 and 2025. The shared costs between the two Districts, changed slightly, because the Reunion East CDD platted additional units. For FY 2025, the Reunion West CDD was responsible for 43% of the shared costs and the Reunion East CDD was responsible for 57%. Regarding the R&M Fund, Capital Outlay was expected to be more in FY 2025, because of the road repairs, which was the most significant expense. When the R&M Plan was discussed, the Board discussed aggregating the paving work into five-year intervals, starting with the roads in the poorest condition, which were identified in the Pavement Management Plan. There would be an increased assessment in future years, as there would not be a recognition of Surplus Funds, as well as a planned increase in the contribution to the R&M Fund. Mr. Staley recalled that the Reunion Encore roads would not need to be re-paved for 10 years. Mr. Scheerer confirmed that the roads were relatively new and in good shape. Mr. Witcher asked if it included pavement markings. Ms. Adams recalled that the Board wanted to improve stop bars, crosswalks and striping. Mr. Scheerer stated there was a Striping Plan for the traffic circle off of Reunion Boulevard, over the I-4 bridge to the Sinclair Road gate and stop bars at Golden Bear Drive and Grand Traverse Parkway. Mr. Staley planned to work on the Five-Year Plan and discuss it at the next meeting. Ms. Adams reported that the remainder of the budget was the Debt Service Fund for the Series 2015, 2016, 2017, 2019 and 2022 bond issues. The Board did not have the ability to change the assessment levels and was only authorizing collection, as the assessments were imposed at the time that the bonds were issued. The payments vary each year for interest and principal, based on the Amortization Schedules and the assessment amount was stable until the debt retired. Mr. Staley noted that the Series 2015, 2016, 2017 and 2019 bond issues were for the Reunion West Encore neighborhood and the majority of Reunion West Resort, were the 2022 bond issue. Ms. Adams recalled that the 2022 bonds were refinanced with a historically low interest rate and the Board did a good job making sure that the property owners in the District benefitted by it. Mr. Staley recommended looking at the reserve numbers, funding a small amount each year, to build up reserves and having a healthy discussion about how to proceed in the future and appreciated the work that staff did on the budget. On MOTION by Mr. Witcher seconded by Mr. Greenstein with all in favor Resolution 2024-08 Adopting the Proposed Fiscal Year 2025 Budget and Relating to the Annual Appropriations was adopted. B. Consideration of Resolution 2024-09 Imposing Special Assessments and Certifying an Assessment Roll Ms. Adams presented Resolution 2024-09, authorizing the collection of the maintenance and debt service fees on the Tax Roll, which was the funding mechanism for the budget. Attached to the resolution, was the Proposed Budget and Tax Roll, which were exhibits to the resolution. The Tax Roll identified parcels within the Reunion West CDD and noted the amounts for the CDD debt and maintenance fees. On MOTION by Mr. Greenstein seconded by Mr. Barry with all in favor Resolution 2024-09 Imposing Special Assessments and Certifying an Assessment Roll was adopted. FIFTH ORDER OF BUSINESS Consideration of Sign Installation Request from The Crescent at Reunion Ms. Adams recalled at the last meeting, a sign installation request was received from The Crescent at Reunion and as a result, the Board adopted a Sign Policy, whereby any signs installed on CDD property, must be approved by the Board. However, the signs were re-designed, at the Board’s request, in accordance with the specifications provided by the Board, such as having the white post with the end caps, the shape of the sign being consistent with other Reunion signs, including the Reunion palm motif, to create a sense of cohesiveness throughout the community and directional signs with arrows, aiding drivers to find the Crescent Project at Reunion. In addition to the picture with the graphic elements, there was also a map, which was the same as what had been previously proposed. The signs would be placed at Tradition Boulevard and Grand Traverse Parkway. Should the Board approve this request, Ms. Adams questioned whether the Board wanted to enter into a License Agreement. Ms. Trucco recalled that there was an existing License Agreement for signage, that she could use as a template, as it included indemnification for any damages, to reimburse the District if they damaged the property and hold the District harmless. A pre-work inspection would also be completed by field staff and a post-inspection, if the License Agreement was terminated. There would also be an insurance provision and termination provision of 30 days, but the Board could extend or reduce the time. Ms. Adams requested that the Board approve the request, subject to District Counsel preparing the License Agreement. Mr. Staley felt that what they were proposing was attractive, but it was not consistent with other signs, as the Palms did not have a circle around them and the arrows and shape were different. Mr. Greenstein recommended that someone work on the design with The Crescent. Discussion ensued. On MOTION by Mr. Staley seconded by Ms. Harley with all in favor approving the sign installation request from The Crescent at Reunion, subject to District Counsel preparing a License Agreement and Mr. Greenstein approve the final layout and design was approved. SIXTH ORDER OF BUSINESS Adoption of District Goals and Objectives Ms. Adams recalled at a prior meeting, District Counsel discussed HB 7013, which was passed in the last Legislative session, for CDDs to adopt annual goals and objectives by October 1st and subsequent reporting requirements in December, on whether or not the District met those goals in objectives. The District management team reviewed the new law and all of the requirements and provided recommended goals and objectives, in accordance with Florida Statutes, which was included in the agenda package. The specifications that the Statutes require were: 1) Community Communication and Engagement, 2) Infrastructure and Facilities Maintenance and 3) Financial Transparency and Accountability. The purpose was to identify District management work that was already taking place, as staff recognized the short deadline to be compliant with the new law and Board Members not wanting to create any additional expense. Mr. Barry questioned Goal 2.1, for field management to perform site inspections, as the District had an agreement with the Field Manager to perform inspections. Ms. Adams confirmed that the District had an agreement with GMS for field services that included inspections. The frequency noted in the Engagement Letter was exceeded, because Mr. Scheerer was at Reunion often, performing regular inspections. Mr. Staley did not want to do anything different, as the Board was available to talk to residents, they had open meetings and their minutes were published; however, there was little engagement by the public and proposed having nine Board meetings, as three meetings were not enough. Mr. Greenstein suggested six meetings. Mr. Staley agreed. Ms. Adams requested that the Board adopt the goals and objectives, subject to changing Goal 1.2, to hold at least six regular Board of Supervisor meetings per year. Mr. Staley recommended having a qualifier in Goal 3.3, Annual Financial Audit, stating that there were no material weaknesses or what was in the Letter to Management, as part of the objective. Ms. Adams would include that there were no material weaknesses. Mr. Staley felt that GMS did a good job on these goals and objectives. Ms. Adams pointed out that not only could this form be used to adopt the District’s goals, but it could be used to report their goals and whether they met them, in December of 2025. On MOTION by Mr. Barry seconded by Mr. Witcher with all in favor the District’s goals and objectives were approved as amended, to decrease the number of meetings to six per year and include no deficiencies in internal control consider to be material weaknesses to audit services. SEVENTH ORDER OF BUSINESS Staff Reports A. Attorney i. Discussion of Statement of Litigation for Constituents - ADDED Ms. Trucco reported that the lawsuit with KORR was filed, since the last Board meeting and the Board previously directed the release of a public statement to be sent out to the community. Mr. Staley recommended Board consensus to not send the statement out, because it would not be complete enough to satisfy inquiries and did not want to alarm people, while the matter was still going through the fact-finding stage. B. Engineer i. Review and Discussion of Proposed Speed Table Locations Ms. Adams recalled at a prior meeting; Mr. Greenstein proposed having field identification of the proposed speed table locations. The map was updated by the District Engineer, based on recent Board member comment and then Mr. Curley and Mr. Scheerer went out to stake the areas that were proposed speed table locations. The Board members received an email, notifying them that the stakes were in the ground and how to identify them, with the updated map. Mr. Barry indicated that their biggest goal, was to place a speed table in the general location of the map; however, a couple of them may have shifted in the field, due to drainage inlets and property lines. Since there were no questions regarding the speed tables, Mr. Staley presumed that the Board Members were satisfied. Ms. Adams recalled that the Board previously approved entering into an agreement, which District Counsel would finalize, with a scope for stop bars, crosswalks, speed tables, milling and resurfacing. Mr. Barry questioned the total cost. Mr. Curley did not know, as he needed to speak to the asphalt contractor. There was Board consensus to proceed and District Counsel would prepare an agreement with a scope for stop bars, crosswalks, speed tables, milling and resurfacing and bring it back to the Board. C. Field Manager Updates Mr. Scheerer reported that the Spine Road gate was closed at Old Lake Wilson Road, due to damage that occurred on the County bridge. Currently that area was being worked on and it looked like they were making progress, as a few excavation trucks were onsite earlier today. Hopefully the matter would resolve soon and the road would be back open and thanked Mr. Vargas for his hard work. The lake fountain on Golden Bear Drive and Tradition Boulevard, had some lights out and the lake vendor was contacted to repair them. The Seven Eagles fountain replacement in Reunion East had started. Mr. Scheerer reported that bids would be provided at a future meeting for the Reunion West playground. He met with Dehlinger Construction, who performed prior work for the CDD. They provided a rough estimate on the sidewalk work of $21 square foot for grading and would provide more information to the Board. With the additional sod and all of the grading work, the combined cost was approximately $396,000, as opposed to $354,000 for the sidewalk repairs only. He was trying to get the costs separated, but the difference was $40,000. Ms. Adams recalled that the amount was provided subsequent to the Repair and Maintenance (R&M) List being published for this meeting. Mr. Staley opined that this was the best project that they could do for the community, as it was a subject that was constantly being discussed by residents. The community weathered the threat of a hurricane recently and thanks to Yellowstone and Mr. Vargas, things were under control. They would continue this way for the remainder of the hurricane season. D. District Manager’s Report i. Action Items List Ms. Adams presented the Action Items List, which was included in the agenda package and circulated to Board members in advance. Mr. Staley asked if the Sheriff’s Office replied to Ms. Trucco regarding the Traffic Enforcement Agreement. Ms. Trucco confirmed that she had not heard from them. Mr. Staley requested that staff leave this item on the Action Items List. ii. Approval of Check Register Ms. Adams presented the Check Register from July 1, 2024 through July 31, 2024, in the amount of $342,608.48, which was included in the agenda package, along with a detailed register. It included expenses from the General Fund, R&M Fund and Supervisor payroll. On MOTION by Mr. Staley seconded by Mr. Barry with all in favor the July Check Register was approved. iii. Balance Sheet and Income Statement Ms. Adams presented the Unaudited Financial Statements through June 30, 2024, which was included in the agenda package. No Board action was required. Staff monitored the balance in the General Fund and the prorated budget to date, as well as actual spending. This month, the District was 100% collected on the Tax Roll and there were no items to bring to the Board's attention, as they were aware of the issues with the administrative expense overrun. Other items that were running over, such as some of the gate repairs, were being adjusted in future budgets. What was impacting the overage, was the number of gate strikes at the eight entrances at the Reunion West POA neighborhood and there being more gates to maintain than in past years. iv. Replacement and Maintenance Plan Ms. Adams presented the R&M Plan, which was included in the agenda package. It included the proposed Project List for FY2025, which was discussed by Board Members from the Reunion East and Reunion West CDDs. It also included infrastructure in the Reserve Study, that would need to be replaced next fiscal year, such as pool furniture and lighting improvements. Mr. Staley noted that the items listed under the R&M Fund, did not compare to the projects. Ms. Adams agreed, which was why it was removed out of the budget for FY2025. Ms. Adams reported that, because it was the end of FY2024 and looking ahead to FY2025, staff made adjustments to the FY2025 Preliminary Project List, based on Board Member feedback and review of the current R&M List, to ensure that items were carried over. The current FY2024 Project List was included in the agenda package. There were no items to report, but projects that were either in process or deferred, were carried forward to the FY2025 Project List. Traffic calming (signage, radar display signage, speed humps), was categorized more tightly on the FY2025 List. The preliminary Project List included deferred projects. For the FY2025 Preliminary Project List, a contingency was added and items were removed, per Board direction. Mr. Staley asked if the benches and concrete pads, were the extra seats for the playground areas. Mr. Scheerer confirmed that this was a request from a Supervisor on the Reunion East CDD Board, to include benches on Reunion Boulevard, between the main gate and around the traffic circle, but ultimately did not occur. Mr. Staley recalled that there was supposed to be an additional seat on the Valhalla playground. Mr. Scheerer indicated it was not part of the plan, but he could include one. Ms. Adams pointed out that no Board action was required and this item was for Board Member review. v. Approval of Fiscal Year 2025 Meeting Dates Ms. Adams presented the Fiscal Year 2025 meeting schedule, which was consistent with the prior year’s meeting schedule, on the second Thursday of each month at 11:00 a.m. at the HCCC. On MOTION by Mr. Staley seconded by Ms. Harley with all in favor the Fiscal Year 2025 meeting schedule as presented was approved. E. Security Report Ms. Adams provided under separate cover, the July Security Reports from Reunion Security and the Reunion West POA. No Board action was required and it was for informational purposes. She reiterated Mr. Scheerer’s appreciation to Mr. Vargas and his staff for their prompt response and mobilization regarding the Spine Road gate closure. Mr. Vargas was present for questions or comments. Mr. Staley asked if the software upgrade for the gates was complete. Mr. Vargas confirmed that it was complete and there were no issues. EIGHTH ORDER OF BUSINESS Other Business There being no comments, the next item followed. NINTH ORDER OF BUSINESS Supervisor’s Requests Mr. Staley requested the long-range plan for the next agenda. TENTH ORDER OF BUSINESS Next Meeting Date – September 12, 2024 Ms. Adams reported that the meeting was scheduled for September 12, 2024 at 11:00 a.m. at this location. ELEVENTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Barry seconded by Mr. Witcher with all in favor the meeting was adjourned. Secretary/Assistant Secretary Chairman/Vice Chairman September 3, 2024 Alan Scheerer Field Manager GMS Cell: 407-398-2890 Ascheerer@gmscfl.com Re: Yellowstone Landscape Extension – Reunion East and Reunion West CDD - 10/1/24-9/30/25 Dear Board of Directors and Management Staff, On behalf of your local Yellowstone Landscape Professionals, I would like to begin by saying “Thank you” for the privilege of serving as your property’s landscape maintenance service partner. With the board’s approval, we would like to continue our partnership and exercise the last extension available in the original contract. This would extend the contract through end of fiscal year 2025 (10-1-24 through 9-30-25). Pricing was previously provided to management staff for fiscal year 2025 and you will find that attached. We have implemented a standard 3% increase to cover rising costs of labor, materials, insurance, and other items directly related to servicing your community. With the board’s approval, this pricing would go into effect on 10- 1-24 through the remainder of final extension. See attached fee schedule showing breakdowns between Reunion East, Reunion West, Seven Eagles, Reunion Village Ph 1-3, and Reunion Village Ph 4-5. There are portions of Reunion Village listed on fee schedule that are not yet completed, so we will work with management and board to implement pricing listed when areas come online. Please note, that the areas being turned over by Resort to Reunion East CDD (Rec Center, Stables, and Additional Pond) are not listed on this fee schedule as they were presented separately to management. Your Account Manager Garrett and I are available to answer any specific questions you may have in regards to extension and fee schedule. Again, on behalf of Yellowstone Landscape, thank you for the opportunity to serve your landscape service needs. We look forward to continuing our partnership with you for many years to come! Sincerely, Pete Wittman Branch Manager pwittman@yellowstonelandscape.com 407-319-8298 2025 Billing Schedule Contractor: Yellowstone Landscape Property: Reunion East, West, Seven Eagles, and Reunion Village JAN FEB MAR APRIL MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 39,176.05 $ $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 39,176.05 $ 4 70,112.60 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 10,695.52 $ 1 28,346.24 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1,046.48 $ 1 2,557.76 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 6,322.14 $ 7 5,865.68 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 2,969.49 $ 3 5,633.88 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 3,403.00 $ 4 0,836.00 $ 13,728.87 $ 13,728.87 $ 13,728.87 $ 13,728.87 $ 5 4,915.48 $ 1,297.80 $ 1,297.80 $ 1,297.80 $ 1,297.80 $ 5 ,191.20 $ 70,527.19 $ 7 0,527.19 $ 1,495.56 $ 1 ,495.56 $ 3,249.65 $ 3 ,249.65 $ 15,536.52 $ 1 5,536.52 $ 1,438.00 $ 1 ,438.00 $ 9,180.39 $ 16,096.84 $ 10,821.18 $ 16,096.84 $ 5 2,195.25 $ 471.74 $ 471.74 $ 464.53 $ 1,276.17 $ 464.53 $ 1 ,276.17 $ 3 ,481.40 $ 4,233.30 $ 4 ,233.30 $ 8 ,466.60 $ 63,612.68 $ 63,612.68 $ 88,284.27 $ 63,612.68 $ 63,612.68 $ 100,245.66 $ 63,612.68 $ 63,612.68 $ 90,396.80 $ 63,612.68 $ 155,859.60 $ 100,245.66 $ 9 80,320.75 GENERAL SERVICES Reunion East Reunion West Seven Eagles Reunion Village Ph. 1-3 Reunion Village Ph. 4-5 Ponds Reunion Village Ph 4-5 Remaining BEDDING PLANTS Reunion East Reunion Village Ph. 1-3 BED DRESSING Reunion East Reunion West Seven Eagles Reunion Village Ph. 1-3 Reunion Village Ph. 4-5 PALM TRIMMING Reunion East Reunion West Seven Eagles Reunion Village Ph. 1-3 TOTAL Fiscal Year 2025 $ 647,750.52 $ 130,313.54 $ 19,288.81 $ 182,967.88 (Remaining Landscape Areas of Phase 4 and 5 total $ 980,320.75 Annual Total Reunion East CDD Annual Total Reunion West CDD Annual Total Seven Eagles Annual Total Reunion Village 1-5 ANNUAL GRAND TOTAL $ 42,274.00 (General Services and Bed Dressing) - NOT YET COMPLETED Initials ______ ______ LANDSCAPE/GROUNDS MAINTENANCE SERVICES AGREEMENT (REUNION WEST CDD - ENCORE AT REUNION WEST) THIS LANDSCAPE/GROUNDS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and enter into effective as of the 1st Date”), between the REUNION WEST COMMUNITY DEVELOPMENT DISTRICT (hereinafter referred to as the “District”), a local unit of special purpose government created under Chapter 190, Florida Statutes, whose mailing address is c/o Governmental Management Services - Central Florida, LLC, 219 E. Livingston Street, Orlando, Florida 32801, and CREATIVE NORTH, INC., a Florida corporation, (hereinafter referred to as “Contractor”), whose address is Creative North, Inc., 1565 Northpark Drive, Suite 102, Weston, FL 33326W I T N E S S E T H: Subject to and upon the terms and conditions of this Agreement and in consideration of the mutual promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the District and Contractor agree as follows: 1.DEFINITIONS. (a)Agreement. The Agreement consists of this Landscape/GroundsMaintenance Services Agreement and the exhibits attached hereto. The Agreement represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representation or agreements, either written or oral. The Agreement may be amended or modified only as set forth below in Article 14. In the event of any conflict between the terms herein and one of the exhibits attached hereto, the terms of this Agreement (without the conflicting exhibit term(s)) shall prevail. (b)Services. The term Services as used in this Agreement shall be construedto include all Services set forth in Exhibit 1 and all obligations of Contractor under this Agreement, including any addenda or special conditions, and where any Work Authorizations have been issued pursuant to Article 14 of this Agreement, the changed services set forth therein. 2.SCOPE OF WORK. (a)A description of the nature, scope and schedule of services to be performedby Contractor under this Agreement shall be as described in Exhibit 1, attached hereto and incorporated herein by reference (hereinafter the “Services”). Areas to be included under this Agreement are depicted on the Exhibit 2 (the “Service Area”), which may be amended by the mutual consent of the District and the Contractor. A description of the nature, scope and schedule of services to be performed by Contractor under this Agreement shall be as described in Exhibit 1, attached hereto and incorporated herein by reference (hereinafter the “Services”). Areas to be included under this Agreement are depicted on the Exhibit 2 (the “Service Area”), which may be amended by the mutual consent of the District and the Contractor. Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 (b)The following exhibits are applicable to the Services under thisAgreement: i.Exhibit 1 Scope of Workii.Exhibit 2 Service Area Map iii.Exhibit 3 Proposaliv.Exhibit 4 Work Authorization Form 3.COMMENCEMENT OF SERVICES. Contractor shall commence its Services onJanuary 1, 2021, and shall perform the same in accordance with any schedules set forth in the Agreement. 4.DISTRICT MANAGER. (a)The District’s authorized representative (herein referred to as the “DistrictManager”) shall be the District Manager of the District, which is Governmental Management Services – Central Florida, LLC, whose mailing address is 219 E. Livingston Street, Orlando, Florida, 32801, Attention: George Flint; provided, however, that the District may, without liability to the Contractor, unilaterally amend this Article from time to time by designating a different person or organization to act as its representative and so advising the Contractor in writing, at which time the person or organization so designated shall be the District’s representative for the purpose of this Agreement. (b)All actions to be taken by, all approvals, notices, consent, directions andinstruction to be given by, all notices and other matters to be delivered to, all determinations and decisions to be made by and, in general, all other action to be taken by, or given to, the District shall be taken, given, and made by, or delivered or given to the District Manager in the name of and on behalf of the District, provided, however, that the District (and not the District Manager or any other agents of the District) shall be solely obligated to the Contractor for all sums required to be paid by the District to the Contractor hereunder. 5.COMPENSATION AND PAYMENTS. (a)Provided that the Contractor shall strictly perform all of its obligationsunder this Agreement, the District agrees to pay Contractor for the Services pursuant to the terms set forth in Exhibit 3 subject only to additions and/or deductions by Work Authorizations as defined in Section 5(b) herein. (b)Work Authorizations shall mean orders or directives issued by the Districtin the form attached hereto as Exhibit 4. Work Authorizations shall be issued for repairs or emergency services, changes to the scope of the area in which services are required, or for any services beyond those set forth in Article 2. Services performed under a Work Authorization may be paid either on a lump sum basis, a unit price basis, or a time and material basis in the District’s sole discretion. Contractor shall not be entitled to compensation for Services outside the scope of Article 2 unless Contractor has obtained prior written authorization of District to perform the same. 5. COMPENSATION AND PAYMENTS. (a) Provided that the Contractor shall strictly perform all of its obligations under this Agreement, the District agrees to pay Contractor for the Services pursuant to the terms set forth in Exhibit 3 subject only to additions and/or deductions by Work Authorizations as defined in Section 5(b) herein. (b) Work Authorizations shall mean orders or directives issued by the District in the form attached hereto as Exhibit 4. Work Authorizations shall be issued for repairs or emergency services, changes to the scope of the area in which services are required, or for any services beyond those set forth in Article 2. Services performed under a Work Authorization may be paid either on a lump sum basis, a unit price basis, or a time and material basis in the District’s sole discretion. Contractor shall not be entitled to compensation for Services outside the scope of Article 2 unless Contractor has obtained prior written authorization of District to perform the same. Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 (c)District retains the right to reduce any portion of Contractor’s Scope ofWork as set forth in Article 2. Should this occur, a revised Scope of Work will be agreed upon in writing by both District and Contractor. (d)The Contractor shall on the 15th day of each calendar month deliver to theDistrict an Application for Payment in such form and with such detail as the District requires. Based on the Contractor’s Application for Payment, and the approval of the Application for Payment, the District shall make monthly payments to the Contractor. Such monthly payments shall be made on or before the 30th day of each calendar month or the 30th day after receipt by the District of the Contractor’s Application for Payment and any such documentation to verify the amount owed as the District may require, whichever is later; provided, however, that the District shall have no obligation to make payment as aforesaid if it has withheld approval of any Application for Payment. (e)District retains the right to reduce any portion of Contractor’s Service, or asamended in any Work Authorization. Should this occur, a revised Scope of Work/Services and fee summary will be agreed upon in writing by both District and Contractor. (f)After the Services are completed, the District shall have the right of aninspection to accept or deny the sufficiency of the Services before payment is required to be made by the District. 6.REPRESENTATATIONS, WARRANTIES AND COVENANTS. (a)Contractor hereby represents to District that: (i) it has the experience, qualifications and skill to perform the Services as set forth in this Agreement; (ii) it is duly licensed and permitted to observe and perform the terms, covenants, conditions and other provisions on its part to be observed or performed under this Agreement; (iii) has the necessary equipment, materials and inventory required to perform the Services as set forth in this Agreement; (iv) it has by careful examination satisfied itself as to: (a) the nature, location and character of the area in which the Services are to be performed including, without limitation, the surface conditions of the land and all structures and obstructions thereon, both natural and manmade, the surface water conditions of the area, and to the extent pertinent, all other conditions; and (b) all other matters or things which could in any manner affect the performance of the Services. (b)The Contractor warrants to the District that any and all materials furnishedunder this Agreement shall be new unless otherwise specified, and that all Services shall be of good quality, free from faults and defects and in conformance with the Agreement Documents. 7.EMPLOYEES; INDEPENDENT CONTRACTOR STATUS. (a)All matters pertaining to the employment, supervision, compensation, insurance, promotion and discharge of any employees of Contractor or of entities retained by Contractor are the sole responsibility of Contractor. Contractor shall fully comply with all applicable acts and regulations having to do with workman’s compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer- . (a) Contractor hereby represents to District that: (i) it has the experience, qualifications and skill to perform the Services as set forth in this Agreement; (ii) it is duly licensed and permitted to observe and perform the terms, covenants, conditions and other provisions on its part to be observed or performed under this Agreement; (iii) has the necessary equipment, materials and inventory required to perform the Services as set forth in this Agreement; (iv) it has by careful examination satisfied itself as to: (a) the nature, location and character of the area in which the Services are to be performed including, without limitation, the surface conditions of the land and all structures and obstructions thereon, both natural and manmade, the surface water conditions of the area, and to the extent pertinent, all other conditions; and (b) all other matters or things which could in any manner affect the performance of the Services. (b) The Contractor warrants to the District that any and all materials furnished under this Agreement shall be new unless otherwise specified, and that all Services shall be of good quality, free from faults and defects and in conformance with the Agreement Documents. 7. EMPLOYEES; INDEPENDENT CONTRACTOR STATUS. (a) All matters pertaining to the employment, supervision, compensation, insurance, promotion and discharge of any employees of Contractor or of entities retained by Contractor are the sole responsibility of Contractor. Contractor shall fully comply with all applicable acts and regulations having to do with workman’s compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer- Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 employee related subjects. Contractor shall obtain, for each individual Contractor employs on the District’s premises at any time, a criminal background check performed by an appropriate federal or state agency, or by a professional and licensed private investigator, and shall make, based on the results of such background checks, employment suitability determinations for each employee that are reasonable and customary within the Contractor’s industry. Contractor shall maintain copies of said background checks on file so long as the subject individual(s) remains in Contractor’s employ, and Contractor shall make all background checks available for District’s review upon request. Contractor shall enforce strict discipline and good order among its employees on the District’s premises. (b)Contractor is an independent contractor and not an employee of the District. It is further acknowledged that nothing herein shall be deemed to create or establish a partnership or joint venture between the District and Contractor. Contractor has no authority to enter into any contracts or contracts, whether oral or written, on behalf of the District. 8.COMPLIANCE WITH LAWS, REGULATIONS, RULES AND POLICIES. (a)At all times, Contractor shall operate in accordance with all applicable laws, statutes, regulations, rules, ordinances, policies, permits and orders. (b)Contractor hereby covenants and agrees to comply with all the rules, ordinances and regulations of governmental authorities wherein the District’s facilities are located, as said rules, etc. may specifically relate to Contractor or its services provided hereunder, at Contractor’s sole cost and expense, and Contractor will take such action as may be necessary to comply with any and all notices, orders or other requirements affecting the services described herein as may be issued by any governmental agency having jurisdiction over Contractor, unless specifically instructed by the District that it intends to contest such orders or requirements and that Contractor shall not comply with the same. Contractor shall provide immediate notice to the District of any such orders or requirements upon receipt of same. (c)The District is a local unit of special purpose government created inaccordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. Contractor agrees to comply with all applicable requirements of the “Sunshine Law,” the “Public Records Law,” the Community Development Districts Law, and all other statutes and regulations applicable to Contractor. 9.WORKPLACE ENVIRONMENT AND PUBLIC SAFETY (a)Contractor agrees to provide a safe and healthy workplace environment forits employees and agents and a safe and healthy environment for the public at all times. Contractor shall promptly correct any unsafe condition or health hazard in its control and shall immediately report any such condition to the District). In addition to all other requirements of this Agreement, Contractor shall comply with all federal, state and local laws and regulations related to health and safety. Further, Contractor acknowledges that all vehicles and equipment must be properly and safely operated and, where applicable, licensed and/or permitted, to operate on public roadways. Contractor acknowledges that it is responsible for public safety issues including but not limited to: Contractor agrees to provide a safe and healthy workplace environment for its employees and agents and a safe and healthy environment for the public at all times. Contractor shall promptly correct any unsafe condition or health hazard in its control and shall immediately report any such condition to the District). In addition to all other requirements of this Agreement, Contractor shall comply with all federal, state and local laws and regulations related to health and safety. Further, Contractor acknowledges that all vehicles and equipment must be properly and safely operated and, where applicable, licensed and/or permitted, to operate on public roadways. Contractor acknowledges that it is responsible for public safety issues including but not limited to: Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 proper work methods, use of protective equipment, safe maintenance, traffic control through work zones, and handling and use of materials, vehicles, and equipment. (b)The Contractor agrees that it alone bears the responsibility for providing asafe and healthy workplace, and that nothing in this Agreement suggests that the District has undertaken or assumed any part of that responsibility. (c)Contractor will provide employees with training to perform their jobssafely, including instruction in proper work methods, use of protective equipment, and safe maintenance, handling and use of materials, vehicles, and equipment. Contractor will not ask or allow any employee to operate any vehicle or equipment until the employee has received all relevant and advisable training. (d)Contractor will furnish, at its expense, all safety and protective equipmentrequired or advisable for the protection of employees. 10.PUBLIC RECORDS AND OWNERSHIP OF BOOKS AND RECORDS. (a)Contractor understands and agrees that the District is a local unit of specialpurpose government and as such is subject to certain requirements under, inter alia, Chapters 119 and 289, Florida Statutes. All documents of any kind relating to this Agreement are the District’s property and may be public records and, accordingly, Contractor agrees to comply with all applicable provisions of Florida public records law, including but not limited to the provisions of Chapter 119, Florida Statutes. If Contractor does not comply with a public records request as required by law, that failure to comply shall be considered a default of this Agreement. Contractor acknowledges and agrees that the public records custodian of the District is the District Manager, which is currently Governmental Management Services - Central Florida, LLC, 219 E. Livingston Street, Orlando, Florida 32801, (the “Public Records Custodian”). Contractor shall, to the extent applicable by law: (i)Keep and maintain public records required by District to perform services; (ii)Upon request by District, provide District with the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; (iii)Ensure that public records which are exempt or confidential, and exemptfrom public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Agreement term and following the Agreement term if the Contractor does not transfer the records to the Public Records Custodian of the District; and (iv)Upon completion of the Agreement, transfer to District, at no cost, all publicrecords in District’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DISTRICT’S CUSTODIAN OF PUBLIC RECORDS AT (407-841-5524), OR BY EMAIL AT GFLINT@GMSCFL.COM, OR BY REGULAR MAIL AT 219 E. LIVINGSTON STREET, ORLANDO, FLORIDA 32801, ATTN: DISTRICT PUBLIC RECORDS CUSTODIAN. 11.INSURANCE. Occurrence based comprehensive general liability insurance (including broad form contractual coverage), with a minimum limit of $2,000,000 single limit per occurrence, protecting it and District from claims for bodily injury (including death), property damage, contractual liability, products liability and personal injury which may arise from or in connection with the performance of Contractor’s services under this Agreement or from or out of any act or omission of Contractor, its officers, directors, agents, and employees; (ii) (a)Contractor shall, throughout the performance of its services pursuant to thisAgreement, maintain at a minimum: (iii) Workers' compensation insurance as required by applicable law (or employer's liability insurance with respect to any employee not covered by workers' compensation) with minimum limits of One Hundred Thousand Dollars ($100,000) per occurrence; and Employers liability, with a minimum coverage level of $1,000,000. (b) (i)Occurrence based comprehensive general liability insurance(including broad form contractual coverage), with a minimum limit of $2,000,000 single limit per occurrence, protecting it and District from claims for bodily injury (including death), property damage, contractual liability, products liability and personal injury which may arise from or in connection with the performance of Contractor’s services under this Agreement or from or out of any act or omission of Contractor, its officers, directors, agents, and employees; 12. SOVEREIGN IMMUNITY Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 any claim which could otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 13.INDEMNIFICATION. Contractor agrees to indemnify, save harmless and defendthe District, its officers, directors, board members, employees, agents and assigns, from and against any and all liabilities, claims, penalties, forfeitures, suits, legal or administrative proceedings, demands, fines, punitive damages, losses, liabilities and interests, and any and all costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys' fees, which shall include fees incurred in any administrative, judicial or appellate proceeding) which the District, their officers, directors, board members, employees, agents and assigns, may hereafter incur, become responsible for or pay out to the extent arising out of (i) Contractor’s breach of any term or provision of this Agreement, or (ii) any negligent or intentional act or omission of Contractor, its agents, employees or sub-contractors, related to or in the performance of this Agreement. 14.MODIFICATIONS, ADDITIONS OR DELETIONS TO THE SERVICES. (a)A Work Authorization shall be in writing, in the form and manner attachedhereto as Exhibit 4, which shall consist of additions, deletions or other modifications to the Agreement. (b)The District may, from time to time, without affecting the validity of theAgreement, or any term or condition thereof, issue Work Authorizations which may identify additional or revised Scope of Services, or other written instructions and orders, which shall be governed by the provisions of the Agreement. The Contractor shall comply with all such orders and instructions issued by the District. Upon receipt of any Work Authorization, the Contractor shall promptly proceed with the work, and the resultant decrease or increase in the amount to be paid the Contractor, if any, shall be governed by the provisions of Article 5 in this Agreement. 15.PROTECTION OF PERSONS AND PROPERTY; MONITORING. (a)In addition to all other requirements hereunder, the Contractor shall beresponsible for initiating, maintaining and supervising safety precautions and programs in connection with the Services, and shall provide all protection to prevent injury to persons involved in any way in the Services and all other persons, including, without limitation, the employees, agents guests, visitors, invitees and licensees of the District and community residents, tenants, and the general public that may be affected thereby. (b)All Services, whether performed by the Contractor, its Subcontractors, oranyone directly or indirectly employed by any of them, and all applicable equipment, machinery, materials, tools and like items used in the Services, shall be in compliance with, and conform to: (i)all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or othergovernmental authority; and (ii) all codes, rules, regulations and requirements of the District andits insurance carriers relating thereto. In the event of conflicting requirements, the more stringentshall govern. All Services, whether performed by the Contractor, its Subcontractors, or anyone directly or indirectly employed by any of them, and all applicable equipment, machinery, materials, tools and like items used in the Services, shall be in compliance with, and conform to: (i) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority; and (ii) all codes, rules, regulations and requirements of the District and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 (c)The Contractor shall at all times keep the general area in which the Servicesare to be performed, including but not limited to sidewalks, roadways, trails, rights-of-way, open spaces, and all such areas impacted by the Services, clean and free from accumulation of waste materials or rubbish (including, without limitation, hazardous waste), caused by performance of the Services, and shall continuously throughout performance of the Services, remove and dispose of all such materials. The District may require the Contractor to comply with such standards, means and methods of cleanup, removal or disposal as the District may make known to the Contractor. In the event the Contractor fails to keep the general area in which the Services are to be performed clean and free from such waste or rubbish, or to comply with such standards, means and methods, the District may take such action and offset any and all costs or expenses of whatever nature paid or incurred by the District in undertaking such action against any sums then or thereafter due to the Contractor. (d)Contractor shall cooperate with and participate in, at no additional cost orcharge, all programs, plans or routines for monitoring and reporting to District, as required in the sole discretion of the District, to ensure satisfactory performance of the Services provided hereunder. (e)Contractor shall be responsible for the storage of all required maintenanceequipment and supplies. No storage facilities are being provided by the District. 16.SUSPENSION OR TERMINATION. (a)Anything in this Agreement to the contrary notwithstanding, District shall, in its sole discretion and without cause, have the right to suspend or terminate this Agreement upon thirty (30) days prior written notice to Contractor. (b)If the Contractor should become insolvent, file any bankruptcy proceedings, make a general assignment for the benefit of creditors, suffer or allow appointment of a receiver, refuse, fail or be unable to make prompt payment to Subcontractors, disregard applicable laws, ordinances, governmental orders or regulations or the instructions of the District, or if the Contractor should otherwise be guilty of a violation of, or in default under, any provisions of the Agreement, then the District may, without prejudice to any other right or remedy available to the District and after giving the Contractor and its surety, if any, seven (7) days written notice, terminate the Contract and the employment of Contractor. In addition, without terminating this Contract as a whole, the District may, under any of the circumstances above, terminate any portion of this Contract (by reducing, in such as manner as District deems appropriate, the Scope of Service to be performed by the Contractor) and complete the portion of this Contract so terminated in such manner as the District may deem expedient. 17.SUBCONTRACTORS. If the Contractor desires to employ Subcontractors inconnection with the performance of its Services under this Agreement: (a)Nothing contained in the Agreement shall create any contractualrelationship between the District and any Subcontractor. However, it is acknowledged that the If the Contractor desires to employ Subcontractors in connection with the performance of its Services under this Agreement: (a) Nothing contained in the Agreement shall create any contractual relationship between the District and any Subcontractor. However, it is acknowledged that the Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 District is an intended third-party beneficiary of the obligations of the Subcontractors related to the Services. (b)Contractor shall coordinate the services of any Subcontractors and remainfully responsible under the terms of this Agreement; Contractor shall be and remain responsible for the quality, timeliness and coordinate of all Services furnished by the Contractor or its Subcontractors. (c)All subcontracts shall be written. Each subcontract shall contain a referenceto this Agreement and shall incorporate the terms and condition of this Agreement to the full extent applicable to the portion of the Services covered thereby. Each Subcontractor must agree, for the benefit of the District, to be bound by such terms and conditions to the full extent applicable to its portion of the Services. 18.TERM. The term of this Agreement commences on the Effective Date and shallproceed until December 31, 2021, in accordance with this Agreement, unless otherwise terminated pursuant to Section 16. Thereafter, the parties shall have the option of renewing this Agreement for two (2) additional one-year periods. 19.NOTICE. (a)Notices required or permitted to be given under this Agreement shall be inwriting, may be delivered personally or by mail, overnight delivery service, or courier service, and shall be given when received by the addressee. Notices shall be addressed as follows: If to District: : : Magnolia Ave, Suite 1400 Orlando, Florida 32801 Attn: Jan Albanese Carpenter, District Counsel and : If to Contractor: party to whom the notice is directed or the failure or refusal of such party to accept delivery of the notice. Parties may change notice address by delivering written notice by mail, overnight delivery service, or courier service to the other party and such change shall become effective when received by the addressee. 20.ATTORNEYS’ FEES. If either party hereto institutes an action or proceeding fora declaration of the rights of the parties the Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, the Agreement, or in the event any party hereto is in default of its obligations pursuant hereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting or prevailing party shall be entitled to its actual attorneys’ fees and to any court costs and expenses incurred, in addition to any other damages or relief awarded. 21.GOVERNING LAW AND JURISDICTION. This Agreement shall be interpretedand enforced under the laws of the State of Florida. The parties will comply with the terms of the Agreement only to the extent they are enforceable or permitted under Florida law. Any litigation arising under this Agreement shall occur in a court having jurisdiction in Osceola County, Florida. THE PARTIES WAIVE TRIAL BY JURY AND AGREE TO SUBMIT TO PERSONAL JURISDICTION AND VENUE IN OSCEOLA COUNTY, FLORIDA. 22.SEVERABILITY. In the event that any provision of this Agreement is judiciallyconstrued to be invalid by a court of competent jurisdiction, such provision shall then be construed in a manner allowing its validity, or if this leads to an impracticable result, shall be stricken, but in either event, all other provisions of the Agreement shall remain in full force and effect. 23.NO WAIVER. No failure by either party to insist upon the strict performance ofany covenant, duty, contract or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, contract, term or condition. Any party hereto, by written notice executed by such party, may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver shall affect or alter this Agreement, but each and every covenant, contract, term and condition of this Agreement shall continue in full force and effect with respect to any other then-existing or subsequent breach thereof. 24.NO MODIFICATION. No modification, waiver, amendment, discharge or changeof this Agreement shall be valid unless the same is in writing and signed by the parties against which such enforcement is or may be sought. This instrument contains the entire contract made between the parties and may not be modified orally or in any manner other than by a contract in writing signed by all parties hereto or their respective successors in interest. 25.TIME IS OF THE ESSENCE. The time for delivery and/or completion of the workto be performed under the Agreement shall be of the essence of the Agreement. 26.ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fullybetween the parties as an arm’s length transaction. In addition to the representations and warranties contained herein, the Contractor acknowledges that prior to the execution of the Agreement it has 26. ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the parties as an arm’s length transaction. In addition to the representations and warranties contained herein, the Contractor acknowledges that prior to the execution of the Agreement it has Reunion West Community Development District Landscape/Grounds Maintenance Services Agreement (Encore at Reunion West) -2021 thoroughly reviewed and inspected the Agreement documents, and satisfied itself regarding any error, inconsistency, discrepancy, ambiguity, omission, insufficiency of detail or explanation. Contractor further acknowledges that the parties have participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all Parties are deemed to have drafted, chosen and selected the language, and doubtful language will not be interpreted or construed against any Party. 27.COUNTERPARTS. This Agreement may be executed in any number ofcounterparts with the same effect as if all parties had signed the same document. All fully executed counterparts shall be construed together and shall constitute one and the same contract. ] IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed affective as of the day and year first above written. O T WITNESSES: REUNION WEST COMMUNITY DEVELOPMENT DISTRICT : By: Name: ______________________________ Print: Chairman /Vice-Chair, Board of Supervisors : CONTRACTOR: WITNESSES: CREATIVE NORTH, INC., a Florida corporation EXHIBIT 1 1 Scope of Work 2 Service Area Map 3 Proposal 4 m WORK AUTHORIZATION FORM M Date: ____________ Work Authorization No. ____________ : : Description of Work Authorization services: The following are applicable to this Work Authorization as marked: _____ A. As a result of this Work Authorization, the Contractor shall be compensated a fee in the amount of _ _____ B. As a result of this Work Authorization, the Contractor shall be deducted a fee in the amount of _ ______ C. Contractor shall proceed immediately with this Work Authorization on timely basis in accordance _ The total amount of this Work Authorization shall be full and complete consideration to the Contractor for performance of the services set forth above and the Contractor hereby waives any and all claims arising out of or related to the services covered by this Work Authorization. _ Contractor shall commence the aforesaid authorized services upon the execution hereof and shall perform the same in accordance with the terms and conditions of the Agreement which remain in full force and effect. _ This Work Authorization represents the entire and integrated agreement between the parties, and supersedes all prior negotiations and qualifications, for these authorized services; but this Work Authorization and the services contemplated herein is, except as otherwise specifically provided herein, subject to all the terms and conditions of the Agreement including without limitation, those concerning payment. _