Reunion West Community Development District Agenda November 14, 2024 November 7, 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, November 14, 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 September 12, 2024 Board of Supervisors Meeting 4. Consideration of Playground Installation Proposals A. Creative Recreation Products B. Playtopia 5. Consideration of Easement Agreement for Playground with Reunion West Property Owner’s Association, Inc. 6. Consideration of Resolution 2025-01 Amending the Fiscal Year 2024 Budget 7. Staff Reports A. Attorney B. Engineer C. Field Manager Updates D. District Manager’s Report i. Action Items ii. Approval of Check Registers iii. Balance Sheet and Income Statement iv. Replacement and Maintenance Plan E. Security Report 8. Other Business 9. Supervisor’s Requests 10. Next Meeting Date: December 12, 2024 11. 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, September 12, 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 Reunion West POA Manager, Artemis Lifestyles Garrett Huegel Yellowstone Landscape Pete Whitman Yellowstone Landscape Victor Vargas Reunion Security Residents The following is a summary of the discussions and actions taken at the September 12, 2024 Reunion West Community Development District Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Ms. Adams called the meeting to order at 11:01 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 August 8, 2024 Board of Supervisors Meeting Ms. Adams presented the minutes of the August 8, 2024 Board of Supervisors meetings, which were reviewed by District Management staff, District Counsel and the Chairman. On MOTION by Mr. Greenstein seconded by Ms. Harley with all in favor the Minutes of the August 8, 2024 Board of Supervisors Meeting were approved as presented. FOURTH ORDER OF BUSINESS Discussion of Long-Range Planning Mr. Staley presented a Long-Range Financial Plan for 2026 through 2029, that he prepared. No decision needed to be made by the Board today, as the figures for 2024 were only projections and would not be finalized for two months. Historically, the District always did slightly better than what was projected and as they moved through 2025, there would be budget variances such as including additional funds for legal and custodial expenses on the east side, which this CDD must fund. Mr. Staley recommended that a community wide Capital Plan, be prepared at the end of February, for Board review at the March meeting, in order to set next year’s budget and proposed: 1) Managing gross assessments and expenditures (including transfers to the Repair and Maintenance (R&M) Fund, to achieve an approximate annual break-even in the General Fund from 2026 to 2029 and 2) Maintaining a General Fund balance of no less than $500,000 at the end of each year 2026-2029. The purpose of having a General Fund balance at the end of each year, was to pay expenses in the final quarter of the year, before assessments were received. Mr. Staley felt that it was a working assumption that could be changed in the upcoming months and further proposed building up the R&M Fund to at least $1 million by the end of 2029 by achieving transfers from the General Fund and managing R&M expenditures. There was a $2.5 million General Fund Reserve and $3.5 million R&M Reserve; however, the CDD shared 43% of the shared expenses with the Reunion East CDD. Therefore, they needed to build up the reserves over the next few years, as the roadway resurfacing was imminent in the next 18 months. Mr. Staley stated that he based his assumptions on the gross assessment of $1,000 per resident for this year, but only $340 to $350, would cover the General Fund and the remainder for debt service. If an increase of 15% was contemplated, it would be on the $350. In addition, there would be an inflationary increase of 4% going forward, for the remainder of the five years, which Mr. Barry proposed. In addition, with the additional funds for legal and custodial expenses, in order to have $1 million in the R&M Fund and $500,000 in the General Fund, there must be a 20% increase next year and a 5% increase thereafter. Mr. Staley would bring this back to the Board at the end of December, as he would have the 2024 figures and recommended communicating their plans to residents, explaining why the increases are necessary. Mr. Greenstein felt that a 15% increase in assessments was a minimal amount. Mr. Witcher thanked Mr. Staley for going through this exercise, as it made things easier to understand. Mr. Barry appreciated Mr. Staley presenting this Long-Range Financial Plan, as it was a great exercise, but questioned whether the Board had to decide on the increase by next March. Ms. Adams stated that the Board needed to decide when the Proposed Budget was approved, likely in May, as it would include a proposed assessment amount that would be noticed in the letter to property owners. There would be a workshop in March, to discuss the Long-Range Plan and updated Reserve Study. Any infrastructure that was added, such as the Playgrounds and outdoor Fitness Center on Grand Traverse Parkway, would be included, along with the estimated useful life. Mr. Staley questioned whether it was reasonable to have a Five-Year Capital Plan, presented at the February meeting. Ms. Adams felt that was reasonable. Mr. Barry felt that it was helpful to have a high-level overview. FIFTH ORDER OF BUSINESS Contract Renewals Ms. Adams reported that the Service Agreements for aquatic vegetation management and landscape maintenance, were up for renewal, which Mr. Scheerer would present. She noted action taken by the Board today, would include District Counsel preparing of the legal agreement, with protections and indemnifications and allow for execution of the agreement by the Chairman. The Aquatic Vegetation Management Agreement was for two ponds and Applied Aquatic was requesting a 3% increase. This year was the fifth year of renewing the agreement with Yellowstone and Ms. Adams would work on the bid documents with Mr. Scheerer, which would be presented to the Board, in the first quarter of 2025 for approval. There was a separate agreement with Creative North for the Reunion West Encore neighborhood. Mr. Staley questioned whether Creative North’s contract expired at the end of 2025. Mr. Scheerer stated their contract was from October 1, 2024 through September 30, 2025, for all of Reunion East and West and the property would be part of the RFP process. A. Consideration of Aquatic Vegetation Management Agreement Renewal with Applied Aquatic Management, Inc. Mr. Scheerer presented an Aquatic Vegetation Management Agreement renewal with Applied Aquatic Management, Inc., which runs from October 1, 2024 to September 30, 2025. They were the District’s service provider for a number of years, providing for the management of submersed vegetation, immersed floating algae, shoreline grasses in the Grand Traverse pond and the wet pond in Encore Reunion West. They requested a 3% increase, which was included in the 2025 budget. Mr. Staley questioned whether it included the pond on Golden Bear Drive. Mr. Scheerer confirmed that this pond was an irrigation pond that was not maintained by the CDD. On MOTION by Mr. Greenstein seconded by Mr. Witcher with all in favor the Aquatic Vegetation Management Agreement renewal with Applied Aquatic Management, Inc. was approved. B. Consideration of Landscape/Grounds Maintenance Services Agreement Renewal with Yellowstone Landscape Mr. Scheerer presented a Landscape/Grounds Maintenance Services Agreement renewal with Yellowstone and introduced Mr. Pete Whitman of Yellowstone, who was present. The fee summary schedule encompassed the east and west sides of Reunion. Ms. Adams noted that there was a separate Service Agreement for Heritage Crossing, for budgeting purposes, as the District was taking over the maintenance as of October 1st. Mr. Scheerer noted two phases left in Reunion Village to be landscaped. Mr. Greenstein questioned whether there was an Interlocal Agreement for landscaping or if it was based on jurisdiction. Ms. Adams indicated that each CDD had their own agreements, but there were shared costs, based on an Interlocal Agreement. Mr. Greenstein stated that for services provided by Yellowstone, Reunion East was responsible for paying $647,750.52 and Reunion West was responsible for paying $130,313.54. Mr. Staley preferred that it be split, because all residents benefited but landscape services should be included in the discussions for next year’s budget. Ms. Adams confirmed that for FY 2025, $1.1 million was budgeted for all areas of landscape services, with Reunion East paying $665,000 and Reunion West paying $502,000 and recommended scheduling a joint meeting for both Boards to review the proposals together. Mr. Greenstein agreed. On MOTION by Mr. Barry seconded by Ms. Harley with all in favor the Landscape/Grounds Maintenance Services Agreement renewal with Yellowstone Landscape was approved. C. Consideration of Landscape/Grounds Maintenance Services Agreement Renewal with Creative North Mr. Scheerer presented a Landscape/Grounds Maintenance Services Agreement renewal with Creative North, for maintenance of landscaping in Encore Reunion West. They did a good job, were responsive, there was no increase for the next fiscal year and Mr. Scheerer had no concerns. A map was included with their areas of responsibility. Mr. Greenstein questioned whether Creative North was maintaining any residential land in Encore Reunion West. Ms. Adams confirmed that the HOA had a different landscape provider for the residential property. Ms. Aura Zelada of the Reunion West POA, reported that in June of 2023, the HOA terminated Florida Commercial Care (FCC) and hired Weber Environmental and the HOA Board just renewed their contract for FY 2025. They were more expensive than FCC, but provided good quality landscaping and were extremely receptive. Mr. Staley requested that FCC be included in the RFP process. On MOTION by Mr. Staley seconded by Mr. Greenstein with all in favor the Landscape/Grounds Maintenance Services Agreement renewal with Creative North was approved. SIXTH ORDER OF BUSINESS Consideration of Agreement for Pavement Maintenance Ms. Adams reported that since the last meeting, District Counsel was working on preparing the agreement with All County Paving, but it was not completed, as she was waiting for some additional information. Ms. Trucco explained that this agreement was for the road resurfacing, restriping and speed table installation project. Mr. Curley was working with Mr. Boyd to finalize the details, such as the scope of service, map of the speed tables and the costs. Ms. Trucco pointed out that there were blanks in the agreement, as she needed input from the Board, such as the number of days to reach substantial completion in Paragraph 3. Mr. Curley was informed that there would be a 5% to 10% increase, but he preferred a 2.5% to 5% increase, since a 5% increase on a $1.2 million project, was $60,000. In addition, they would need 30 days to mobilize, have a preconstruction meeting and eight weeks from start to finish. Ms. Trucco questioned whether the Board wanted to delay this project, as there would be eight weeks of construction, during the holiday season. Mr. Witcher did not want construction during the holidays, as many people would be visiting during the holidays and the snowbirds would return. Ms. Adams voiced concern about delaying this project until after the holidays, as the peak season for the snowbirds was in January and there may be a material increase that would add to the expense. Mr. Staley proposed speaking to the contractor about decreasing mobilization from 30 days to three weeks. Ms. Adams suggested delegating authority to the Chairman to approve the final form of the agreement and the final amount. Mr. Staley understood there would be a 5% increase. Mr. Greenstein recalled contracts in the past, where there was a reduction in the fee, for not completing the work by a certain timeframe. Ms. Trucco indicated if the contractor did not complete the project by a certain timeframe, the District had certain remedies under the Prompt Payment Act, which could include a potential reduction. Mr. Staley proposed that the Board agree to the 5%, subject to completion of the work by December 13th. Mr. Witcher felt that the 5% was reasonable, but requested that Mr. Curley negotiate with the contractor and a penalty be applied if they did not complete the work within a certain timeframe. Mr. Curley would take this back to the contractor. At the request of Mr. Staley, Ms. Trucco would include in Paragraph 3, “The contractor would complete the project by December 13th” and remove, “Excluding Federal holidays.” There was Board consensus to delegate authority to the Chairman to provide the final sign off. Mr. Greenstein questioned whether the contractor would have a Maintenance of Traffic (MOT) Plan. Mr. Curley indicated that he planned to request a MOT from the contractor, as well as a start date, at the pre-construction meeting. Ms. Adams pointed out that along with the District Engineer and contractor, security and Mr. Scheerer, would also attend the pre-construction meeting and a schedule would be prepared for electronic messaging purposes to notify stakeholders of road construction zones. If needed, door notices would be placed on the affected residents’ doors, in advance of when the work was scheduled to occur. Mr. Curley confirmed that All County understood the type of community and the scope of the work. Ms. Adams questioned whether a message board was included with the MOT on upcoming road closures. Mr. Curley would verify. Mr. Staley questioned whether the work could start at 7:00 a.m. Ms. Adams stated it depends on the County Noise Ordinance. Mr. Scheerer believed that there was a 7:00 a.m. start time. Mr. Staley requested that staff circulate the Communication Plan to both CDD Boards, prior to the next meeting, as the next meeting was one week prior to the start of the project. Ms. Adams offered to provide sample notices from other CDDs, but the plan was to have electronic messaging distributed to stakeholders following the precon meeting and door notices if needed. Ms. Trucco requested feedback from the Board on Paragraph 6c, on the contractor performing the work within the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and the project ending on December 13th. Ms. Adams cautioned the Board about tying the contractor’s hands to complete their work during the day, as there could be material delivery delays. Mr. Staley preferred to leave the language as stated. Ms. Trucco would add language on providing notice, at the direction of the District. On MOTION Mr. Barry seconded by Mr. Greenstein with all in favor the Agreement for Pavement Maintenance in substantial final form, subject to staff execution and delegating authority to the Chairman to provide final execution of the terms was approved. Mr. Staley requested that communication be sent to residents at least twice and have it Facebook friendly. SEVENTH ORDER OF BUSINESS Staff Reports A. Attorney There being no comments, the next item followed. B. Engineer There being no comments, the next item followed. C. Field Manager Updates Mr. Scheerer reported that the neighborhood monuments were soft washed, over the last week to ten days. Mr. Staley reported a light that was out on Whitemarsh Way, which turned out to be an underground electrical issue, that they were working with the utility on and would review the remainder of the lights, to ensure that they were operating. A fountain on Golden Bear Drive was not working last night and it turned out to be a breaker trip, probably from the weather. It was working fine now. Last week, someone hit a golf ball through the bathroom window of the Sinclair guardhouse. Mr. Chet Berry looked at it and determined that it was safe enough to keep the water out. Towards November or December, the guardhouses would be pressure washed and all monuments and sidewalks that the CDD maintained, would be cleaned. Mr. Staley questioned the status of the Encore playground. Mr. Scheerer stated that revised proposals for the Encore playground, would be provided to the Board at the October meeting. Mr. Staley noted inconsistencies on the No Parking map, as there were no yellow markings on Whitemarsh Way, turning onto Tradition Boulevard, going towards Sinclair Road, at the intersection of Whitemarsh Way and Muirfield Loop, coming from the Tradition Boulevard and No Parking just past the first left turn from Muirfield Loop to Whitemarsh Way. Mr. Scheerer offered to add additional signs. Mr. Staley requested that the curbs be painted yellow, that there be another sign pointing back to Tradition Boulevard and homeowners be notified. Ms. Adams would notify the homeowners when Mr. Scheerer was getting ready to install the signs. D. District Manager’s Report i. Action Items List Mr. Scheerer presented the Action Items List, which was included in the agenda package. The Encore Reunion West playground was in process. He reached out to their prior contractor and the contractor that did the Grand Traverse playground and would provide updated proposals for October and discuss how to proceed with the sidewalk project, once they were in 2025. ii. Approval of Check Register Ms. Adams presented the Check Register from August 1, 2024 through August 31, 2024, in the amount of $66,610.21, which was included in the agenda package, along with a detailed check run. On MOTION by Mr. Greenstein seconded by Ms. Harley with all in favor the August Check Register was approved. iii. Balance Sheet and Income Statement Ms. Adams presented the Unaudited Financial Statements through July 31, 2024, which were for informational purposes. The District was fully collected and staff was monitoring lineitem overages. No Board action was required. iv. Replacement and Maintenance Plan Ms. Adams presented the R&M Plan. Starting at the October meeting, there would be an additional column with an estimated completion date for projects in process or when the Board would expect to see a proposal. Typically, there were not many R&M projects the first quarter of the fiscal year and the District was focusing on pavement management, the playground and would continuously track the sidewalk project. There was not much else in the last quarter and there were some dates in January or thereafter for some of these projects. Mr. Staley voiced concern that the sidewalk project would remain on the Action Items List and nothing would happen. Ms. Adams pointed out that staff recognized the importance of the sidewalk project and planned to meet with District Counsel after the Reunion East CDD meeting, to discuss the notice that would be distributed to the Preferred Builders and whether a notice should be sent to property owners as a courtesy. Mr. Staley suggested that Mr. Barry could answer any questions, since he was working with Kingwood and was the facilitator for the annual Preferred Builders meeting, which would be held in November. Ms. Adams was waiting for a response from Mr. Anthony Carll of Kingwood as to when the Builders’ meeting would occur and would include Mr. Barry in her communications. Mr. Barry indicated that two issues needed to be addressed, before they could proceed. There were no issues on the east side, but on the west side, there was disagreement on the ownership on some of the properties. Ms. Adams noted out that she discussed the project with Counsel and believed they had the approval to proceed. Mr. Barry felt that any communication would be early at this stage. Ms. Adams confirmed the only time sensitive component, was the Preferred Builders annual meeting; however, the Board needed to approve an agreement at the October meeting and notify property owners that there would be a sidewalk installed in front of their residential lot in 2025. Ms. Trucco questioned whether there was an identified requirement for a sidewalk to be constructed within a certain amount of time, because there was a potential risk of damage if the sidewalk was installed and a home was built there. Mr. Greenstein would speak to Ms. Trucco outside of the meeting, as he was on the ARB. Ms. Adams reported that subsequent to last month’s meeting, she received confirmation in writing from the District Engineer, that no permit was required to install the sidewalk. Mr. Scheerer pointed out that there was a proposal for $390,000 from Dehlinger Construction to grade and sod. No action was taken by the Board. v. Presentation of Series 2016, 2017 and 2019 Arbitrage Rebate Calculation Reports Ms. Adams presented the Arbitrage Rebate Calculation Reports prepared by AMTEC for the Series 2016, 2017 and 2019 bonds, which were required, due to an IRS requirement, to determine if the District was earning more interest than what they were paying on the tax exempt bonds. All reports indicated no arbitrage issues. On MOTION by Mr. Barry seconded by Mr. Greenstein with all in favor the Series 2016, 2017 and 2019 Arbitrage Rebate Calculation Reports were accepted. Mr. Staley appreciated the detail of the reports but preferred to have a one-page summary of the rebate computations. E. Security Report Ms. Adams provided under separate cover, the August Security Reports from Reunion Security and the Reunion West POA. No Board action was required and it was for informational purposes. Mr. Victor Vargas of Reunion Security and Ms. Aura Zelada of the Reunion West POA, were present to answer questions. Mr. Greenstein questioned why yesterday, there were helicopters and a Deputy’s car behind the security office. Mr. Vargas explained that there was a domestic dispute between two females in Reunion Village, resulting in a stabbing. Ms. Adams pointed out that it was a law enforcement matter and not a CDD matter. Mr. Staley requested that the officers provide more detail in their logs, as officers only reported parked vehicles with no resolution. Mr. Vargas would double check future logs before providing them to the Board. Ms. Adams pointed out that Reunion Security provided a report regarding the stabbing incident this morning, but she did not yet forward it to the Board. EIGHTH ORDER OF BUSINESS Other Business There being no comments, the next item followed. NINTH ORDER OF BUSINESS Supervisor’s Requests Mr. Staley asked if there were new developments regarding The Stables. Ms. Adams reported that an appraisal was received on Tuesday, but was not fully reviewed by staff; however, it was forwarded to the Reunion East CDD Board of Supervisors for review. It would be the decision of the Reunion East CDD Board, if they wanted to utilize the building as overflow storage or to repurpose it for amenity use. If they wanted to sell the parcel, there was debt that would have to be retired and there must be an analysis from bond counsel. Ms. Trucco clarified that the bond counsel analysis was necessary, because if it was sold, it would be considered a private use of bond financed property and there was an IRS provision that no more than 10% of a bond issuance could be used for a private use. At a prior meeting, the Reunion East CDD Board, directed staff to obtain a quote from bond counsel, who quoted an estimated 10-20 hours of work at the cost of $10,000 to $20,000. The Board decided to proceed with obtaining the appraisal and the next step was to obtain an analysis from bond counsel, on the amount of bonds that needed to be redeemed. Mr. Greenstein pointed out that the Board would only approve an analysis, if they truly believed that there was no meaningful repurposing of that building and disposing of it was the last resort. Mr. Staley questioned whether he could show the parking maps to the Reunion East CDD Board Members, after this meeting. Ms. Adams recommended showing it to the Board during the Reunion East CDD Board meeting and it would be added to the record of proceedings. TENTH ORDER OF BUSINESS Next Meeting Date: October 10, 2024 Ms. Adams announced that the next meeting was scheduled for October 10, 2024 at 11:00 a.m. at this location. ELEVENTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Greenstein seconded by Ms. Harley with all in favor the meeting was adjourned. Secretary/Assistant Secretary Chairman/Vice Chairman 9/19/2024 Date: Playtopia Direct Quoted By: Governmental Management Services For: Alan Scheerer Contact: 219 E. Livingston Street Orlando, FL 32801 City, State, Zip: ascheerer@gmscfl.com Email: 407-398-2890 Phone: Fax: Other Playtopia, Inc. FOB /Ship to: 217 Murphy Ave. Ferguson, KY 42533 www.goplaytopia.com PH:844.543.7529 Reunion Playground Payment Terms: 50% with order. Outstanding balance is due 30 days from date of install. Item Number QTY Description MSRP Extended PTSKP-250 1 Custom Playtopia Structure 5-12 (no roofs) $34,679.40 $34,679.40 PSW002WS 1 2 bay single post swing - 2 bucket/2 belt $3,499.20 $3,499.20 ENGINEER 1 Signed and sealed engineered drawings $825.00 $825.00 INSTALL 1 $11,353.75 Installation of the above play structures $11,353.75 BORDERS 58 4.25'x12" Plastic Borders w/Stake $46.00 $2,668.00 RAMP 1 ADA 1/2 ramp $702.00 $702.00 SURFACING 1 90 CYD of IPEMA certified Engineered Wood Fiber installed at 12", installed with weed barrier $8,263.75 $8,263.75 BRE06-F-19-000 1 6 foot inground slatted steel bench - color tbd $1,223.81 $1,223.81 RD32-F-00-000 1 32 gallon slatted steel receptacle - inground w/lid & liner $1,194.51 $1,194.51 INSTALL 1 Installation of above $1,473.75 $1,473.75 SHADE 1 Custom shade - 40x30x10' - with stainless steel cable and glide elbow = SHADE WILL COVER PLAY STRUCTURE $15,625.50 $15,625.50 ENGINEER 1 Signed and sealed engineered drawings $1,000.00 $1,000.00 PSW120WS 1 $17,116.25 $17,116.25 Installation of shade ENGINEER 1 Price to permit project: actual permit fees determined by municipality and billed on final invoice $850.00 $850.00 SUBTOTAL $100,474.92 FREIGHT $4,155.80 TOTAL $104,630.72 Item Number QTY Description MSRP Extended FENCE 1 5' high 3 rain aluminum fence around tot lot - 86'x38' fence with 1- 5'x5' single walk matching gate - self close/magna latch $8,396.80 $8,396.80 TOTAL $8,396.80 GRAND TOTAL $113,027.52 Pricing: Firm for 30 days from date on this quotation. Taxes: State and local taxes added unless exemption certificate is provided. Exclusions: Unless previously discussed and agreed to by all parties. Sitework and landscaping; security of of equipment (onsite at night); drainage. Permits are not included in cost, unless specifically listed. Adding permits to job will increase it's completion length (due to permit process at muncipality). It is expected that owner will provide approved site plans of the area for the permit office if required, and will help and assist in securing of all required approvals before assembly of equipment can begin. Installation Terms: Installation shall be by Certified Installer. If playground equipment, installer will be CPSI Certified. Playtopia will be responsible scheduling and coordination with the installer, unless otherwise discussed. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall be responsible for unknown conditions such as buried utilities, tree stumps, rock, or any concealed materials or conditions that may result in additional labor costs. Customer will be billed hourly or per job for any additional costs that were not previously included. Freight Quotes: Are specific to the zip code specified. Changes made to the destination will likely affect the cost of the freight charges and the final balance will be adjusted accordingly. Playtopia will be happy to supply owner with a 2-day notice of the time your shipment will be ready so they may independently arrange shipping and pick up with a freight carrier of their choice. However,equipment not picked up within 5 days will be handled on a hold and bill basis. LTL rates are valid for 24 hours and dedicated rates are valid for 30 days from dated of freight quote. Storage Fees: Materials will be ordered when the deposit is received, unless instructed differently. If the materials arrive and the permit is issued but the site is not ready for install, the customer will be responsible for a storage fee of $250 per month. Quotation prepared by: To accept this quotation, sign here and return: ______________________________________________ THANK YOU FOR YOUR BUSINESS! THIS INSTRUMENT PREPARED BY For Recording Purposes Only AND SHOULD BE RETURNED TO: Jan A. Carpenter, Esq. Latham, Luna, Eden & Beaudine, LLP P.O. Box 3353 Orlando, Florida 32801 EASEMENT AGREEMENT FOR PLAYGROUND THIS EASEMENT AGREEMENT FOR PLAYGROUND (“Agreement”) is made as of this _____ day of October, 2024 (“Effective Date”), by and among the REUNION WEST PROPERTY OWNER’S ASSOCIATION, INC., a Florida not for profit corporation, whose principal address is c/o Artemis Lifestyle Services, Inc., 1631 E. Vine Street, Ste. 300, Kissimmee, Florida 34744 (the “Grantor”), and REUNION WEST COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government, whose address is c/o Governmental Management Services – Central Florida, LLC, 219 East Livingston Street, Orlando, Florida 32801 (the “Grantee”). RECITALS: A. Grantor is the owner of the real property described in Exhibit “A” attached hereto (the “Property”). B. Grantee desires a permanent, non-exclusive easement on the Property in order to install, access, maintain, operate and repair a playground on the Property for the benefit of the public. C. Grantor hereby agrees to grant a permanent, non-exclusive easement on, over, through and across the Property for the purpose of permitting Grantee to install, access, maintain, operate and repair a playground on the Property for the benefit of the public. NOW, THEREFORE, in consideration of $10.00 and the mutual benefits to be realized by the parties, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated herein. 2. Grant of Easement. Grantor hereby gives, grants and conveys to Grantee, its successors and assigns, for the benefit of Grantee, its contractors, employees and agents, a, nonexclusive easement (“Easement”) on, over, through and across the Property, for purposes of permitting Grantee to install, access, maintain, operate and repair a playground on the Property for the benefit of the public (the “Playground”). The term of this Agreement begins on the Effective Date. Grantor agrees that the Playground is for the benefit of the public and shall not prohibit any member of the public from using or accessing the Playground. Grantee bears all costs related to the construction and maintenance of the Playground. Grantee acknowledges that the Property is suitable for the installation of and use of the Playground and that this Easement does not interfere with any other encumbrance on the Property. Grantee agrees it shall not construct or install, or permit any third-party to construct or install, any structure, facility, wiring or improvement that would interfere with the rights granted herein to the Grantee. If the Grantor’s future orderly development of the Property conflicts with the Playground, Grantee shall relocate the Playground to another mutually agreed upon area, provided however that prior to such relocation, Grantor shall pay to Grantee the full expected cost of the relocation and Grantor shall execute and deliver to Grantee, at no cost, an acceptable and recordable easement for such relocation. The rights granted herein include the right for Grantee to enter upon adjacent property owned by Grantor, as applicable, for the purpose of exercising the rights granted herein; the right of the public (including residents, guests, non-resident users and all those entitled to access the Grantee-owned facilities) to enter the Property to fully access and enjoy the Playground; all other rights and privileges reasonably needed for Grantee’s safe and efficient use, maintenance and operation of said Easement for the purposes described herein. 3. Damage. In the event that the Grantor, its respective employees, agents, assignees and/or contractors (or their subcontractors, employees, materialmen or independent contractors) cause damage to the Playground, Grantor, at its sole cost and expense, agrees to commence and diligently pursue the restoration of the same and the improvements so damaged to the original condition and grade, including, without limitation, repair and replacement of any part of the Playground, within twenty (20) days after receiving written notice of the occurrence of any such damage. In the event the Grantor does not fully repair damages and/or fails to complete restoration under this Agreement within the twenty (20) day period specified herein, the Grantor hereby consents to the Grantee repairing such damage at the sole cost of the Grantor, including fees for administration, interest charges, as applicable; such costs may be made a lien on the Grantor’s properties enforceable by the Grantee. 4. Indemnity. Grantor shall not interfere with the Playground or permit any thirdparty to interfere with the Playground. Grantor hereby agrees to indemnify, defend and hold harmless Grantee, its agents, successors and assigns, from and against any and all claims, suits, demands, damages, losses, costs, or expenses, including without limitation, reasonable attorney’s fees, of any nature arising out of or resulting from, directly or indirectly, any interference with the Playground by Grantor or Grantor’s agents, contractors, or employees. 5. Grantor’s Interest in the Property. Grantor hereby warrants and covenants that: (a) Grantor is the legal owner of the Property in fee simple; (b) Grantor fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever; and (c) Grantee shall have quiet and peaceful possession, use and enjoyment of this Easement free from interruption. Grantor shall take no actions, except as authorized in writing by the Grantee, to impede, obstruct or otherwise prevent such residents, guests and non-resident users from traveling over, on, upon and through the Property to utilize and enjoy the Playground. 6. Notice. A. Notices required or permitted to be given under this Agreement shall be in writing, 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 Grantee: Reunion West Community Development District c/o Governmental Management Services- Central Florida, LLC 219 E. Livingston Street Orlando, Florida 32801 Attention: Tricia Adams, District Manager Telephone: (407) 841-5524 Copy to: Latham, Luna, Eden & Beaudine, LLP 201 S. Orange Ave., Suite 1400 Orlando, Florida 32801 Attention: Jan Albanese Carpenter, District Counsel Telephone: (407) 481-5800 If to Grantor: Reunion West Property Owners Association, Inc. 8390 Champions Gate Boulevard, Suite 304 Champions Gate, Florida 33896 Attention: Association Manager Email: management@reunionwestpoa.com Telephone: (407) 705-2190 B. Notwithstanding the foregoing, any notice sent to the last designated address of the party to whom a notice may be or is required to be delivered under this Agreement shall not be deemed ineffective if actual delivery cannot be made due to a change of address of the 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. 7. Default. A default by any party under this Agreement shall entitle any other to all remedies available at law or in equity, which may include but not be limited to the right of actual damages, injunctive relief and/or specific performance. 8. Sovereign Immunity and Public Records. A. Nothing contained herein, or in the Agreement, shall cause or be construed as a waiver of the Grantee’s immunity or limitations on liability granted pursuant to section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which could otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. B. Grantor understands and agrees that all documents of any kind relating to this Agreement may be public records and, accordingly, Grantor agrees to comply with all applicable provisions of Florida public records law, including but not limited to the provisions of Chapter 119, Florida Statutes. 9. Amendment. This Agreement shall not be amended, modified or terminated (except for termination specified in Paragraph 13 herein) unless in writing executed by Grantor and Grantee and recorded in the Public Records of Osceola County, Florida. 10. No Waiver. The failure of any party to exercise any right created hereunder or to insist upon strict compliance with any term, condition, or covenant specified herein shall not constitute a waiver of such right or the right to insist upon strict compliance with any such term, condition or covenant under this Agreement at any future time. 11. Entire Agreement; Severability. This Agreement shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable. This Agreement may be executed in counter-parts. This Agreement runs with the land. This Agreement can be terminated by Grantee upon sixty (60) day written notice to Grantor. In the event of termination, Grantee, in Grantee’s sole discretion, shall determine whether Grantee will remove the Playground from the Property or transfer ownership of the Playground to a third-party by separate instrument. Grantee has no restoration obligation. 14. Interpretation. This Agreement shall be interpreted and enforced under the laws of the State of Florida. Any litigation arising under this Agreement shall be venued in the Circuit Court of Osceola County, Florida. THE PARTIES WAIVE TRIAL BY JURY AND AGREE TO SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF A COURT IN OSCEOLA COUNTY, FLORIDA. [Signatures provided on following page.] IN WITNESS WHEREOF, the parties have set their hands and seals under seal as of the day and year first above written. WITNESSED BY: Print Name: Address: _________________________ _________________________________ Print Name: Address: _________________________ _________________________________ GRANTEE: REUNION WEST COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district By: ______________________________ Print Name: _______________________ Title: Chairman/Vice Chairman Address: _________________________ _________________________________ STATE OF FLORIDA COUNTY OF OSCEOLA The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _______ day of ___________ 2024, by ___________________, as Chairman/Vice Chairman of the Board of Supervisors of the REUNION WEST COMMUNITY DEVELOPMENT DISTRICT, on behalf of the REUNION WEST COMMUNITY DEVELOPMENT DISTRICT. Said person is [ ] personally known to me or [ ] has produced a valid driver’s license as identification. ____________________________________ Notary Public; State of _________________ Print Name:__________________________ Commission Expires: __________________ Commission No.: _____________________ IN WITNESS WHEREOF, the parties have set their hands and seals under seal as of the day and year first above written. WITNESSED BY: Print Name: Address: _________________________ _________________________________ Print Name: Address: _________________________ _________________________________ GRANTOR: REUNION WEST PROPERTY OWNER’S ASSOCIATION, a Florida not for profit corporation By:______________________________ Print Name:_______________________ Title: ____________________________ Address: _________________________ _________________________________ STATE OF FLORIDA COUNTY OF ____________ The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this ____ day of ________, 2024, by REUNION WEST PROPERTY OWNER’S ASSOCIATION, INC., a Florida not for profit corporation. Said person is [ ] personally known to me or [ ] has produced a valid driver’s license as identification. ____________________________________ Notary Public; State of _________________ Print Name:__________________________ Commission Expires: __________________ Commission No.: _____________________ Exhibit “A” Legal Description of the Property Tract A, according to the REUNION WEST PHASE 4 plat, as recorded in Plat Book 28, Page 113, Public Records of Osceola County, Florida (Osceola County Parcel I.D. No. 22-25-27-4937-0001-00A0) A map of a neighborhood Description automatically generated RESOLUTION 2025-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE REUNION WEST COMMUNITY DEVELOPMENT DISTRICT APPROVING AN AMENDMENT TO THE GENERAL FUND AND REPLACEMENT AND MAINTENANCE FUND BUDGETS FOR FISCAL YEAR 2024 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 2023-08 the Reunion West Community Development District Board of Supervisors (the “Board”) adopted a General Fund and Replacement and Maintenance Fund Budget for Fiscal Year 2024; and WHEREAS, the Board desires to amend the budgeted revenues and expenditures approved for Fiscal Year 2024. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE REUNION WEST COMMUNITY DEVELOPMENT DISTRICT: 1. The General Fund and Replacement and Maintenance Fund Budgets for Fiscal Year 2024 are hereby amended and restated as set forth on the Fiscal Year 2024 Budget attached hereto as “Exhibit A”. 2. This Resolution shall take effect immediately upon adoption and be reflected in the monthly and Fiscal Year End 9/30/2024 Financial Statements and Audit Report of the District. PASSED AND ADOPTED THIS 14th DAY OF NOVEMBER 2024. ATTEST: BOARD OF SUPERVISORS OF THE REUNION WEST COMMUNITY DEVELOPMENT DISTRICT _____________________________ By:___________________________ Secretary/Assistant Secretary Its:____________________________