board of supervisors development district final agenda ...€¦ · administration of oath of office...

AVALON PARK WEST COMMUNITY DEVELOPMENT DISTRICT

DISTRICT OFFICE • 5844 OLD PASCO ROAD • SUITE 100 • WESLEY CHAPEL, FL 33544

February 3, 2020

Board of Supervisors Avalon Park West Community Development District

FINAL AGENDA

Dear Board Members:

The regular meeting of the Board of Supervisors of Avalon Park West Community Development District will be held on Monday, February 17, 2020 at 10:00 a.m. at the Avalon Park West Amenity Center, 5060 River Glen Boulevard, Wesley Chapel, FL 33545. Following is the final agenda for the meeting.

1. CALL TO ORDER/ROLL CALL2. BUSINESS ADMINISTRATION

A. Consideration of the Minutes of the Board of Supervisors’ Meetingheld on January 6, 2020

Tab 1

B. Consideration of the Operation and Maintenance Expenditure forDecember 2019 and January 2020

Tab 2

3. BUSINESS ITEMSA. Appointment of Replacement Supervisor

1. Administration of Oath of Office to Replacement Supervisor Tab 3 B. Discussion of Request for Ongoing Clubhouse UseC. Consideration of Revised Landscape Agreement Tab 4

4. STAFF REPORTSA. District CounselB. District EngineerC. Clubhouse ManagerD. District Manager

5. SUPERVISOR REQUESTS AND AUDIENCE COMMENTS6. ADJOURNMENT

We look forward to seeing you at the meeting. In the meantime, if you have anyquestions, please do not hesitate to call us at (813) 994-1001.

Sincerely,

Matthew Huber District Manager

Cc: Vivek Babbar, Straley Robin Vericker


January 6 2020 Minutes of Meeting

Page 1

MINUTES OF MEETING 1

2 Each person who decides to appeal any decision made by the Board with respect to any 3 matter considered at the meeting is advised that the person may need to ensure that a 4 verbatim record of the proceedings is made, including the testimony and evidence upon 5 which such appeal is to be based. 6

7 AVALON PARK WEST 8

COMMUNITY DEVELOPMENT DISTRICT 9 10

The regular meeting of Avalon Park West Community Development District was 11 held on Monday, January 6, 2020 at 10:03 a.m. at the New River Community Center, 12 located at 5227 Autumn Ridge Dr., Wesley Chapel, FL 33545. 13

14 Present were: 15

16 Marybel Defillo Chairman (Via Conference Call) 17 Stephanie Lerret Vice Chairman 18

Ross Halle Assistant Secretary 19 Eric Marks Assistant Secretary 20

21 Also Present were: 22

23 Matthew Huber District Manager, Rizzetta & Company, Inc. 24 Rick Sandman Amenities Manager 25

Vivek Babbar District Counsel, Straley, Robin, Vericker 26 Tonja Stewart District Engineer, Stantec 27

28 FIRST ORDER OF BUSINESS Call to Order 29

30

Mr. Huber called the meeting to order and confirmed quorum. 31 32

SECOND ORDER OF BUSINESS Public Comments 33 34

There were no public comments. 35

36 THIRD ORDER OF BUSINESS Consideration of Minutes of the Board 37

of Supervisors Meeting held on 38 November 18 2019 39

40 Mr. Huber presented the Minutes of the Board Supervisors Meeting held on 41

November 18, 2019 to the Board of Supervisors. 42 43



Page 2

On a Motion by Mr. Marks, seconded by Ms. Lerret, with all in favor, the Board of

Supervisors approved the Minutes of the Board Supervisors Meeting held on November

18, 2019 for Avalon Park West Community Development District.

44 FOURTH ORDER OF BUSINESS Consideration of Operation and 45

Maintenance Expenditures for 46 October 2019 47

48

Mr. Huber presented the Operation and Maintenance Expenditures for August and 49

October 2019 to the Board of Supervisors. 50 51

On a Motion by Ms. Lerret, seconded by Mr. Halle, with all in favor, the Board of

Supervisors approved the Operation and Maintenance Expenditures for October 2019

in the amount of $17,178.82 for Avalon Park West Community Development District.

52 FIFTH ORDER OF BUSINESS Appointment of Replacement 53

Supervisor 54 55

This item was tabled for another month. 56 57

SIXTH ORDER OF BUSINESS Public Hearing on Amenity Center 58 Rates and Rules 59

60 Mr. Huber asked for a motion to open the public hearing 61

62

On a Motion by Ms. Lerret, seconded by Mr. Marks, with all in favor, the Board of

Supervisors opened the public hearing on Amenity Center Rates and Rules for Avalon

Park West Community Development District.

63 A brief discussion was held regarding the proposed rules, with some minor 64

revisions being requested relative to the basketball usage at the New River Amenity 65

Center. 66 67

On a Motion by Ms. Lerret, seconded by Mr. Marks, with all in favor, the Board of

Supervisors closed the public hearing on Amenity Center Rates and Rules for Avalon


68

69



Page 3

SEVENTH ORDER OF BUSINESS Consideration of Resolution 2020-03 70

Adopting Amenity Center Rates and 71 Rules 72

73 The Bord indicated the importance of having the policies and fees for both Avalon 74

Park West and New River mirror one another due to the shared usage. 75

76


Supervisors approved Resolution 2020-03, Adopting Amenity Center Rates and Rules

in substantial form and authorized the Chairman to execute once finalized for Avalon


77 EIGHTH ORDER OF BUSINESS New Business 78

79

Mr. Huber reviewed an email he received relative to the PUD Financing. A brief 80 discussion ensued, but no Board action was taken. 81

82 NINTH ORDER OF BUSINESS Staff Reports 83

84

District Counsel 85 Mr. Babbar informed the Board that he would be following the Legislature and keeping 86

them informed of any items being presented that might impact the District. 87 88

District Engineer 89 Ms. Stewart stated that she in in the process of updating ownerships to include the 90

easements. 91 92

District Manager 93 Mr. Huber reminded the Board of Supervisors of the next meeting is scheduled for 94

February 17, 2020 at 10:00 a.m. 95 96

TENTH ORDER OF BUSINESS Adjournment 97 98

Mr. Huber stated that there were no other matters to come before the Board of 99 Supervisors at this time. 100

101


Supervisors adjourned the meeting at 10:13 a.m. for Avalon Park West Community

Development District.

102

103 Assistant Secretary Chairman/Vice Chairman 104

Avalon Park West Community Development District

DISTRICT OFFICE · 5844 OLD PASCO ROAD · SUITE 100 · WESLEY CHAPEL, FLORIDA 33544

Operations and Maintenance ExpendituresDecember 2019

For Board Approval

Attached please find the check register listing the Operation and Maintenanceexpenditures paid from December 1, 2019 through December 31, 2019. Thisdoes not include expenditures previously approved by the Board.

The total items being presented: $8,257.93

Approval of Expenditures:

__________________________________

______Chairperson

______Vice Chairperson

______Assistant Secretary

Avalon Park West Community Development DistrictPaid Operation & Maintenance Expenditures

December 1, 2019 Through December 31, 2019

Vendor Name Check Number Invoice Number Invoice Description Invoice Amount

All Done Services, Inc. 001060 102 Clubhouse Janitorial Service 11/19 $ 435.00

Bright House Networks 001065 084563601121119 0050845636-01 - Clubhouse 11/19 & $ 139.94 12/19

Brittany Thomas 001059 112519-Thomas Refund of Rental Deposit $ 100.00

Carlos Chaparro 001061 120219-Chaparro Refund of Rental Deposit $ 100.00

Clean Sweep Supply Co., Inc. 001062 00206481 Janitorial Supplies 11/19 $ 167.13

Innersync Studio, LTD. 001063 17679 Onboarding of ADA Compliant Website $ 2,325.00 08/19

Joel Diaz 001055 112119-Diaz Rental Cancellation $ 175.00

Joel Diaz 001055 112519-Diaz Refund of Rental Deposit $ 100.00

Josefina Vilchez 001064 120319-Vilchez Refund of Rental Deposit $ 100.00

Rizzetta & Company, Inc. 001056 INV0000045163 District Management Fees 12/19 $ 3,275.00

Straley Robin Vericker 001057 17764 General Legal Services 11/19 $ 225.00

Times Publishing Company 001058 0000034019 11/08/19 Legal Advertising 11/19 $ 95.20

Withlacoochee River Electric 001066 2072889 11/19 Account #2072889 - Street Lights 11/19 $ 202.08 Company


December 1, 2019 Through December 31, 2019


Withlacoochee River Electric 001066 2083048 11/19 5060 River Glen Blvd - Amenity Center $ 818.58 Company 11/19

Report Total $ 8,257.93

Avalon Park West Community Development District

DISTRICT OFFICE · 5844 OLD PASCO ROAD · SUITE 100 · WESLEY CHAPEL, FLORIDA 33544

Operations and Maintenance ExpendituresJanuary 2020

For Board Approval

Attached please find the check register listing the Operation and Maintenanceexpenditures paid from January 1, 2020 through January 1, 2020. This does notinclude expenditures previously approved by the Board.

The total items being presented: $25,241.20

Approval of Expenditures:

__________________________________

______ Chairperson

______ Vice Chairperson

______ Assistant Secretary


January 1, 2020 Through January 1, 2020


All Done Services, Inc. 001070 103 Clubhouse Janitorial Service 12/19 $ 435.00

Avalon Park West CDD CD001 CD001 Debit Card Replenishment $ 98.14

Brian Patrick 001076 122219-Patrick Rental Deposit Refund $ 100.00

Bright House Networks 001088 084563601011120 0050845636-01 - Clubhouse 01/20 $ 6.04

Clean Sweep Supply Co., Inc. 001071 00206739 Outdoor Bulletin Board 12/19 $ 497.59

DCSI, Inc. 001072 26475 Access/Gate Service - Setup Access $ 472.50 Control 12/19

DCSI, Inc. 001072 26513 Access System Maintenance Plus $ 378.00 Warranty 12/19

DCSI, Inc. 001072 26563 Access Cards (50) 12/19 $ 249.50

DCSI, Inc. 001072 26565 Install Camera System Software/Setup $ 105.00 Access 12/19

DCSI, Inc. 001083 26596 Access System Maintenance Plus $ 378.00 Warranty 01/20

Florida Sunshine Services of 001074 090219.1 Monthly Landscape Maintenance 09/19 $ 2,863.42 Tampa, LLCFlorida Sunshine Services of 001086 10019.1 Monthly Landscape Maintenance 10/19 $ 2,863.42 Tampa, LLC




Florida Sunshine Services of 001086 11019.1 Monthly Landscape Maintenance 11/19 $ 2,863.42 Tampa, LLCFlorida Sunshine Services of 001086 120219.1 Monthly Landscape Maintenance 12/19 $ 2,863.42 Tampa, LLCJhennika Jean-LaBelle 001075 122819-Jean-LaBelle Rental Deposit Refund $ 100.00

Joel Diaz 001067 121519-Diaz Rental Deposit Refund $ 100.00

Josefina Vilchez 001082 110219-Vilchez Rental Refund 12/19 $ 75.00

Kenneth W. Johnson 001077 106983 Computer System Setup 12/19 $ 709.00

Lori Donahue 001073 122419-Donahue Rental Deposit Refund $ 100.00

Mariela Ramos 001078 122919-Ramos Rental Deposit Refund $ 100.00

Mary Pascarella 001084 010120-Pascarella Rental Deposit Refund $ 100.00

Rizzetta & Company, Inc. 001079 INV0000045827 District Management Fees 01/20 $ 3,275.00

Rizzetta Technology Services 001087 INV0000005369 Website Development & Website Hosting $ 850.00 Services 01/20

Romaner Graphics 001085 19803 Install Bulletin Board 01/20 $ 120.00




Straley Robin Vericker 001089 17863 General Legal Services 12/19 $ 1,325.00

Suncoast Pool Service 001080 5786 Monthly Pool Service 12/19 $ 990.00

Tampa Lights, Inc. 001090 1585 Holiday Lighting 12/19 $ 1,375.00



U.S. Water Services Corporation 001069 903073 Monthly Lift Station Inspection 12/19 $ 78.74

U.S. Water Services Corporation 001091 S100773 Monthly Lift Station Inspection 01/20 $ 78.74

Withlacoochee River Electric 001092 2072889 12/19 Account #2072889 - Street Lights 12/19 $ 201.76 CompanyWithlacoochee River Electric 001092 2083048 12/19 5060 River Glen Blvd - Amenity Center $ 1,234.31 Company 12/19

Report Total $ 25,241.20


BOARD OF SUPERVISOR OATH OF OFFICE

I, , A CITIZEN OF THE STATE OF FLORIDA AND OF THE UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF AVALON PARK WEST COMMUNITY DEVELOPMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE STATE OF FLORIDA.

_______________________________________ Board Supervisor

ACKNOWLEDGMENT OF OATH BEING TAKEN

STATE OF FLORIDA COUNTY OF PASCO

On this ______day of __________, ________, before me, personally appeared to me well known and known to me to be the person

described in and who took the aforementioned oath as a Board Member of the Board of Supervisors of Avalon Park West Community Development District and acknowledged to and before me that they took said oath for the purposes therein expressed.

WITNESS my hand and official seal the date aforesaid.

Notary Public STATE OF FLORIDA

My commission expires on:

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LANDSCAPE MAINTENANCE AGREEMENT

This Landscape Maintenance Agreement (hereinafter the “Landscape Agreement”) is entered into this __1st day of February, 2020, between the Avalon Park West CDD, a Florida not-for-profit corporation (hereinafter the “ASSOCIATION”), and Amazing National Services Group, LLC, a Florida limited liability company (hereinafter the “CONTRACTOR”), and collectively referred to as the Parties.

RECITALS:

WHEREAS, the ASSOCIATION has the responsibility of maintaining common properties as defined in the Declaration of Covenants and Restrictions for Avalon Park West Amenity Center as recorded in the Public Records of Pasco County, Florida, (the “Declaration”), as amended.

WHEREAS, the CONTRACTOR has agreed to provide services regarding the maintenance of these common properties; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree as follows:

SECTION 1 - GENERAL PROVISIONS

1.1 Property. The CONTRACTOR shall perform landscape maintenance and management services for common properties located within the Avalon Park West subdivision, located in Wesley Chapel, Florida, more specifically, those areas shown on Exhibit “A” (hereinafter the “Property”), attached hereinto and incorporated herein by reference. Any addition of any property to this Landscape Agreement will be done in the form of an amendment, which shall be executed by both Parties.

1.2 Term of Contract. The term of this Landscape Agreement shall commence on February 1, 2020, and shall expire on January 31, 2021. This Agreement shall automatically renew for successive periods of one (1) year unless terminated in writing by either party at least thirty (30) days prior to the expiration of the Agreement, or unless terminated pursuant to Section 1.5 hereinbelow.

1.3 Compensation. The CONTRACTOR shall receive an annual sum of $ 34,361.00, payable in twelve (12) monthly installments of $ 2,863.42. Said monthly payments shall be due on the 1st day of the first month of service, and continuing on the first day of each subsequent month thereafter. The CONTRACTOR shall submit monthly invoices for payment. Emailing of such invoices to the ASSOCIATION is acceptable. Additional services such as laying of sod, remedial landscaping can be provided by the CONTRACTOR at an additional charge.

1.4 Notices as to Defects. The ASSOCIATION shall give CONTRACTOR at least seven (7) days’ notice to correct any problem or defect discovered in its performance under this LandscapeAgreement. If the CONTRACTOR fails to correct such problem or defect, the ASSOCIATION shallhave the right, but not the obligation to have the problem or defect remedied and shall back charge theCONTRACTOR for costs it incurs in remedying such problems or defects.

1.5 Termination of Agreement. Either party may terminate this Agreement at any time by giving the other party thirty (30) days written notice of such termination. Should the ASSOCIATION terminate the Agreement, the ASSOCIATION shall pay to the CONTRACTOR all the sums owed under this Landscape Agreement up to the date of termination.

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1.6 Utilities. The ASSOCIATION shall provide all water which the CONTRACTOR is required to use in the performance of this Landscape Agreement.

1.7 Onsite Supervision of Work and Employees. The CONTRACTOR’s onsite

Superintendent overseeing the work to be performed under this Landscape Agreement shall be English speaking and be knowledgeable in horticulture, agronomy and landscape management. The Superintendent must also be: i) certified in Best Management Practices State of Florida; ii) a State of Florida Certified Applicator; and iii) be authorized to make operational decisions. All of CONTRACTOR’s employees shall wear a uniform to be designated by the CONTRACTOR. All vehicles on the Property should be clearly marked with the CONTRACTOR’s name and/or logo.

1.8 Use of Chemicals and Control Materials: The CONTRACTOR’s use of the

appropriate fertilizers, herbicides, insecticides and/or fungicides will be applied in accordance with all state and local regulations, and as weather and environmental conditions permit. All materials shall be purchased and applied at the expense of the CONTRACTOR.

1.9 Litter and Rubbish Disposal. The CONTRACTOR shall pick up all bottles, cans, fallen

limbs, palm fronds, and bits of paper from the Property. The CONTRACTOR shall also arrange for an appropriate, suitable area, not on the Property, in which normal litter (clippings, hedge trimmings, and weeds) can be deposited at no additional cost to the ASSOCIATION.

1.10 Equipment Maintenance. CONTRACTOR’S equipment shall be appropriately cleaned

and maintained to prevent any contamination of storm drain water into ponds. Damage to aquatic plants, fish and wildlife by CONTRACTOR’S actions will be reimbursed to ASSOCIATION.

1.11 Rain Days. If time is lost due to heavy rains, the CONTRACTOR shall reschedule its crews and divide their times accordingly. The CONTRACTOR shall work on Saturdays if needed to make up for rain days, but shall not work on Sundays.

1.12 Meetings and Reporting. At the request of the ASSOCIATION or its designated agent,

CONTRACTOR shall make available: i) a representative to meet onsite to walk the Property; and ii) written logs as to time, date, and duration of the work performed and wet checks performed on the Property.

SECTION 2 – TURF MAINTENANCE

2.1 Mowing. Turf shall be cut at a maximum height of 4" as conditions dictate using a rotary type mower. Blades will be balanced and sharpened as needed. Mowers must be equipped when necessary with mulching decks to minimize damage potential and provide a cleaner mowing operation. The total number of mowing in this specification is forty two (42) times per year as follows: i) once a week from April 1st through October 31st; and ii) once every other week from November 1st through March 31st. Additional mows will be available at a predetermined charge.

2.2 Edging. The CONTRACTOR shall edge plant beds, walkways, roadway edges,

sidewalk edges, and all asphalt and hard surfaces by mechanical means no less than two times per month and not less than twenty-four times per year. Clippings shall either be vacuumed or blown off walks, roads, and curbs.

2.3 Weed Eating. The CONTRACTOR shall use a weed eater around trees, fences, fire hydrants, buildings, signs, etc. Care shall be taken that trees and shrubs are not scarred and that fences, buildings, signs, etc. are not damaged. CONTRACTOR WILL BE LIABLE FOR REPLACEMENT OF

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DAMAGED PLANT MATERIAL OR DAMAGE TO ANY STRUCTURE. Areas of clear ground approximately six inches (6”) in diameter will be maintained around turf irrigation heads which have obstructed water distribution. Areas of clear ground approximately 6” to 8” will be maintained around trees, signage and other posts, irrigation valves, manholes, electrical panels, etc.

2.4 Weed Control in Turf. As part of turf fertilization or according to environmental and

seasonal conditions, CONTRACTOR shall apply chemicals to control weeds in turf. Nematode infested turf will be more susceptible to damage from herbicides. The ASSOCIATION shall be notified before any treatments are made if damage to the turf is likely. Care shall be taken not to apply herbicides on newly mowed turf or turf under trees.

2.5 Insects and Disease in Turf. The CONTRACTOR is responsible for treatment of

insects and diseases, including fire ant control via application of the appropriate insecticides and/or fungicides. Turf damage by such insects as mole crickets, army worms, sod web-worm, chinch bugs, etc. shall be chemically treated to keep populations low enough as to show no noticeable damage to surface turf. Turf damage by disease and fungus shall be chemically treated to maintain all turf in a healthy and attractive condition. When nematodes are documented to be present and damaging turf, the CONTRACTOR shall be responsible for application of a nematicide. Burden of proof of nematodes is to be the responsibility of the CONTRACTOR. ASSOCIATION is to be notified as to the area to be treated and the chemical to be used prior to any treatment.

SECTION 3 - SHRUB, GROUND COVER, AND BED MAINTENANCE 3.1 Pruning. Plants and shrubs shall be pruned at the best time for flower bud development,

foliage growth, and as the health of the plant may require. Some shrubs may require hand pruning. Selective shrubs shall be pruned twelve (12) times per year. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall include the removal of wood that is dead, diseased or infested with insects. Suckers, shoots and irregular growth shall also be removed. Flowering shrubs are only to be cut back as needed to promote plant health and color (i.e. Snow on the Mountain and Indian Hawthorne). Hard cuts of selected plant material (Hibiscus, Oleander, etc.) to be performed on an agreed upon schedule.

3.2 Weed Control in Plant and Ornamental Planter Beds. The CONTRACTOR shall weed, by chemical or mechanical means, the plant beds including natural understory, when necessary to maintain a neat appearance.

3.3 Insects and Disease Control for Shrubs and Ground Cover. The CONTRACTOR is

responsible for treatment of insects and diseases via application of the appropriate insecticides and/or fungicides. Plants shall not be chemically treated if the insects are “friendly” and prey on insects which do damage. Any plant which contracts one of several root fungi will be drenched upon first observation. Due to the extremely fast rate of death caused from these fungi, the CONTRACTOR shall not be responsible for replacement of any plant that dies due to these conditions.

SECTION 4 - TREE MAINTENANCE

4.1 Pruning. All dead palm fronds up to twelve feet (12') shall be removed as needed while

the property is being pruned. Low hanging branches on trees shall be lifted to a height of eight feet (8'), four (4) times throughout the year. Live palm fronds and trees touching signs or light poles shall be pruned to a height of twelve feet (12'). All suckers on trees shall be removed during the pruning phase. Any palms over twelve feet (12’) shall be pruned once per year. Pruning of multi-trunk ornamental and native species such as River Birch, Crepe Myrtles, Ligustrums, etc., clear to establish smooth clear trunks

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with a full head. Pruning of Crepe Myrtles should be done to allow the full natural head to develop, i.e., no severe cutting of leaders for flower propagation.

4.2 Surgery and Removal. Tree surgery, major tree pruning, and tree removal will be done

at the expense of the ASSOCIATION by the appropriate vendor. Such work will not be undertaken without prior approval of the ASSOCIATION.

4.3 Insects and Diseases. The CONTRACTOR is responsible for treatment of insects and

diseases, including fire ant control via application of the appropriate insecticides and/or fungicides. The CONTRACTOR shall notify the ASSOCIATION of any insect or fungus infestation and the control recommended prior to treatment.

SECTION 5 - FERTILIZATION

5.1 General. The CONTRACTOR shall schedule twelve (12) months of applications which

shall be adhered to. The schedule of applications, and formulas and products for fertilization shall be approved by the ASSOCIATION. The ASSOCIATION shall be given documented proof as to the type and amount of chemicals which are applied. At the ASSOCIATION’S request, additional fertilizer applications may be required at the cost of the ASSOCIATION. The ASSOCIATION or its agent shall be given a monthly record of all herbicides, insecticides, and disease control chemicals used.

5.2 Turf Fertilization. Using Best Practices Management recommendations, turf shall be

fertilized four (4) times per year with the proper blend for each season. Two applications shall be liquid and shall be applied in fall and spring. Appropriate warning signs will be placed on the Property and the Association, or its agent, shall be advised that this will occur at least two (2) days prior to application. Further, herbicides shall be added to the fertilizer for two (2) applications during the winter season to assist with weed reduction. Insecticide shall be added to the fertilizer for two (2) applications during the summer season to assist with reducing turf damaging insects.

5.3 Shrub, Groundcover and Bed Fertilization. The CONTRACTOR shall apply fertilizers for two (2) applications during the spring. The fertilization program for shrubs, ground cover and beds shall provide the proper blend of micro and macro-nutrients for each season. Fertilizer shall be commercial grade, mixed granules or palletized fertilizer, with not less than fifty percent (50%) of the total nitrogen being slowly soluble.

5.4 Tree Fertilization. The CONTRACTOR shall apply fertilizers for two (2) applications

annually. These applications shall be applied in a Broadcast manner in accordance with proper drip edge recommendations for the specific type of tree.

SECTION 6 -MULCH AND APLANTINGS

6.1 Mulch. Mulch shall be provided for by the CONTRACTOR and the initial application

each year shall be at no less than 1.5” inches in depth. Care will be exercised to keep mulch of the existing exterior wood and place in such a manner as to not restrict any discharge drains of the facility. Mulch applications should not be allowed to build up to such a thickness that it poses a health hazard to the plants or trees. Mulch application shall be completed during the late winter and summer months, or as otherwise determined by the ASSOCIATION.

6.2 Annual Plantings. At the request and expense of the ASSOCIATION, CONTRACTOR

shall provide and plant annuals. The number, timing and the type of annual to be used shall be approved

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by the ASSOCIATION prior to the work being performed. CONTRACTOR will replace any plantings that fail at no cost to the ASSOCIATION.

6.3 New Plantings. All new planting proposals must include the cost and warranty prior to installation. Planting specifications for spacing relative to plants must be listed. Irrigation must be checked prior to installation and all new plantings must be watered in. The Association, or its agent, must be alerted to any problems concerning irrigation of new plants. The Association, or its agent, must be notified in writing after installation is completed. Email correspondence is acceptable for this requirement.

SECTION 7 - IRRIGATION MAINTENANCE

7.1 Watering. The Association shall provide means of irrigation for both turf and

ornamentals required by the CONTRACTOR in the performance of this Landscape Agreement. The CONTRACTOR shall maintain the sprinkler systems and pump station for normal maintenance operation. Zone by zone inspections will be conducted on a monthly basis. All heads will be maintained for proper adjustments. Heads will be cleaned to provide arc and trajectory. The CONTRACTOR will replace, at no cost, all parts damaged by his personnel during normal mowing and maintenance operations. Part and pump station equipment due to worn out parts or malfunctions will be the responsibility of the ASSOCIATION. The ASSOCIATION withholds the right to seek outside estimates and the right to contract with another party for repairs or major components or recurring problems. The CONTRACTOR is responsible for compliance to watering restrictions imposed by the St. Johns Water Management District.

7.2 Items To Be Checked Monthly

A. Controller 1. Correct Time and Date 2. Station Advancement 3. Valve Activation 4. Station Duration Correct

B. Valves 1. Open/Close Duration 2. Open/Close Completely

C. Sprinklers 1. Set to Grade 2. Pop Up and Retract Properly 3. Broken or Leaking 4. Leaning 5. Clogged Nozzle 6. Correct Spray Patterns (radius, arc, angle)

D. Pipe 1. Leaks 2. Clogs

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E. Pump

1. Noise/Vibration 2. Leaks 3. On-Off Pressure 4. Smooth Operation of Control Valves 5. Check Pressure Tanks

SECTION 8. WARRANTIES

8.5 Plant Warranties. An inventory shall be taken by Parties, either prior to execution or

within fifteen (15) business days of execution of this Landscape Agreement. The CONTRACTOR shall meet with the ASSOCIATION, or its agent, to review all plants to determine and record the existence, location, and state of health of each plant involved in this Agreement. If plants are not in place upon execution of this Landscape Agreement, the inventory shall be completed as soon as practical. With the exception of annual plantings, all plants will be warranted for one (1) year. Each party shall receive a copy of the inventory, which will show all plants for which the CONTRACTOR shall have no responsibility in the plant replacement program.

(a) Beginning three (3) months after the CONTRACTOR has been in continuous

charge of landscape management of the Property; the CONTRACTOR shall replace, at the CONTRACTOR’S expense, all basic landscape plants which have died as a lack of care required by this Agreement to be determined by ASSOCIATION.

(b) The CONTRACTOR shall have no responsibility for plants which have been

lost, destroyed, or damaged due to storms, hurricanes, car damage, flooding, vandalism, or acts of nature. (c) Tropical plants and other plants not generally grown with continued success in

this climate are also excluded from replacement responsibility. (d) The CONTRACTOR shall not be responsible for any plants added by the owner

or ASSOCIATION unless the CONTRACTOR explicitly accepts such responsibility.

In the event the CONTRACTOR is taking over for another vendor, it is recommended that the CONTRACTOR also review the property with the ASSOCIATION, or its agent, to ensure that CONTRACTOR has a thorough understanding of the irrigation system and any then issues affecting the Property.

SECTION 9. SPECIAL PROVISIONS

9.1 Independent Contractor Status. It is understood and agreed that the CONTRACTOR

is an independent contractor in the legal sense of that term. The CONTRACTOR shall: i) obtain and maintain all workers’ compensation insurance necessary; ii) abide by all governmental regulations and laws; iii) obtain all permits and licenses required by law; and iv) shall provide all of the tools and equipment needed to perform this Agreement at its sole cost and expense. Any subcontractor shall carry any and all insurance, permit, and/or licenses as required under the terms of this Agreement. All subcontractors shall be approved by the ASSOCIATION prior to them commencing any work on the Property.

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9.2 Venue. This contract shall be construed according to the laws of the State of Florida. The captions and titles appearing before the various parts of this contract and the paragraphs thereof shall not be controlling in and shall not affect the construction of this contract.

9.3 Assignment. This Agreement may be assigned by the ASSOCIATION to any person,

corporation, or business entity. The CONTRACTOR shall not have the right to assign this Agreement without the express written consent of the ASSOCIATION.

9.4 Indemnity. The CONTRACTOR shall indemnify the ASSOCIATION and hold it

harmless against all claims for personal injury and property damage caused by the CONTRACTOR in the performance of this Agreement. The CONTRACTOR shall maintain required insurance coverages.

9.5 Arbitration. All claims and disputes between the parties under this contract shall be

subject to arbitration under the Florida Arbitration Code and shall be determined and settled under the Rules of the American Arbitration Association. Judgement may be entered by any court of competent jurisdiction upon the award of the Arbitrator or arbitrators. Pasco County, Florida, shall be the place of all such arbitration.

9.6 Insurance. The CONTRACTOR agrees to provide documentation of Workmen’s Compensation insurance, unemployment insurance, public liability insurance, auto insurance, and any other insurance and licenses required by law. Workmen’s Compensation, employer’s liability, comprehensive bodily, property, and auto shall not be less than $500,000.00

9.7 Notices. All notices required or appropriate under this contract shall be in writing and shall be sent by Certified United States Mail, Return Receipt Requested or via an overnight delivery service, and shall be delivered to the following respective addresses of the parties:

As to the CONTRACTOR: Amazing National Services Group, LLC 31338 Satinleaf Run Brooksville, Florida 33602

As to the ASSOCIATION: Avalon Park West CDD c/o Rizzetta & Company 5844 Old Pasco Rd. Wesley Chapel, FL. 33544

Or to such other address as to which a party shall give the other notice from time to time.

10.12 Entire Agreement. This Agreement and all exhibits incorporated therein represent the entire and integrated agreement between the parties and supersede all prior negotiations, representations, and preliminary agreements, if any, either written or oral, in connection with the subject matter hereof.

SIGNATURES ON SUBSEQUENT PAGES

8

IN WITNESS WHEREOF, the Parties hereto have executed this Landscape Agreement as of the date first above written.

CONTRACTOR:

Amazing National Services Group, LLC, a Florida limited liability company

_______________________________ Printed Name: Danny Hutcheson______ Title: Owner______________________

_______________________________

ASSOCIATION:

Avalon Park West CDD c/o Rizzetta & Company

5844 Old Pasco Rd. Wesley Chapel, FL. 33544

_______________________________ Printed Name: ____________________ Title: ____________________________

_______________________________

Contract Start Date:

GENERAL SERVICES 1,892.75$ Monthly 22,713.00$ Annually

Floratam Visits 42

Bahia Visits 27

Bed Detail / Weed Control (24 Visits)

TURF CARE St. Augustine 60.75$ Monthly 729.00$ Annually

4 Applications

Granular Fertilization

Liquid Fert. + Insecticide / Weed Control

TREE / SHRUBCARE 23.17$ Monthly 278.00$ Annually

2 Applications

Granular Fertilization

Liquid Fert. + Insect Control

Mulch - Pine Bark 123.75$ Monthly 1,485.00$ Annually

33 Cubic Yds: 1 Replenishment(s)

IRRIGATION MAINT. 436.17$ Monthly 5,234.00$ Annually

1 Inspection(s) per Month

TREE TRIMMING 214.33$ Monthly 2,572.00$ Annually

34 Trees trimmed (2) time(s) per year

PALM TRIMMING 112.50$ Monthly 1,350.00$ Annually

30 Palms trimmed (1) time(s) per year

TOTAL: 2,863.42$ Monthly 34,361.00$ Annually

Avalon West Amenity CenterMaintenance Proposal

March 1, 2019

APPROVED BY:_________________________________________ DATE:______________________

February 1,2020

board of supervisors development district final agenda ...€¦ · administration of oath of office...

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