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KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, 2019 AGENDA PACKAGE Agenda Page 1

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Page 1: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

COMMUNITY DEVELOPMENT DISTRICT

AUGUST 21, 2019

AGENDA PACKAGE

Agenda Page 1

Page 2: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Board of Supervisors Mary Beth Schewitz, Chair Justin Faircloth, District Manager Luanne Kerins, Vice Chair Greg Urbancic, Esq., District Counsel Maureen McFarland, Treasurer/Asst. Secretary Corrie Grado, Assistant Secretary Dawn Aitkenhead, Assistant Secretary

District Office Meeting Location 210 N. University Drive, Suite 702 Key Marco Community Center Coral Springs, Florida 33071 505 Whiskey Creek Drive Marco Island, FL. 34145

August 13, 2019

Board of Supervisors Key Marco Community Development District

Dear Board Members,

The regular meeting and continued public hearing of the Board of Supervisors of the Key Marco Community Development District will be held on Wednesday, August 21, 2019 at 8:30 a.m. at the Key Marco Community Center, 505 Whiskey Creek Drive, Marco Island, Florida. Following is the advanced agenda for the meeting:

1. Roll Call 2. Approval of Agenda 3. Fiscal Year 2020 Budget Public Hearing

A. FY 2020 Budget B. Consideration of Resolution 2019-9, Adopting the Budget for Fiscal Year 2020 C. Consideration of Resolution 2019-10, Levying Non-Ad Valorem Assessments

4. Public Comments on Agenda Items 5. Old Business

A. Christmas Décor 6. New Business

A. Consideration of Facilities Maintenance Agreement with the Key Marco Community Association i. Consideration of Utility Easement ii. Termination of Ground Lease

B. Crawford Landscaping Estimate for 1247 Blue Hill Creek Drive 7. Attorney’s Report

A. Roadway Rules 8. Manager’s Report

A. Approval of the Minutes of the July 17, 2019 Meeting B. Acceptance of the Financials C. Follow-Up Items

i. Gatehouse Pressure Cleaning ii. Gatehouse Waterline Leak

9. Supervisors’ Requests and Comments 10. Audience Comments 11. Adjournment

Any supporting documents not included in the agenda package will be distributed at the meeting or under separate cover. If you have any questions prior to the meeting, please contact me at (239) 245-7118, extension 306. I look forward to seeing you at the meeting. Sincerely,

Justin Faircloth

Justin Faircloth, CAM, CDM District Manager

cc: Greg Urbancic, Esq.

Agenda Page 2

Page 3: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Second Order of Business

Agenda Page 3

Page 4: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Board of Supervisors Mary Beth Schewitz, Chair Justin Faircloth, District Manager Luanne Kerins, Vice Chair Greg Urbancic, Esq., District Counsel Maureen McFarland, Treasurer/Asst. Secretary Dawn Aitkenhead, Assistant Secretary Corrie Grado, Assistant Secretary

District Office Meeting Location 210 N. University Drive, Suite 702 Key Marco Community Center Coral Springs, Florida 33071 505 Whiskey Creek Drive Marco Island, FL. 34145

Meeting Agenda Wednesday, August 21, 2019 at 8:30 a.m.

Note: Requests to address the Board on all subjects, which are not on today’s agenda, will be accommodated

under “Audience Comments”. All public comments are limited to a maximum of three (3) minutes per attendee

in order to facilitate orderly and efficient District business.

1. Roll Call

2. Approval of Agenda

3. Fiscal Year 2020 Budget Public Hearing

A. FY 2020 Budget

B. Consideration of Resolution 2019-9, Adopting the Budget for Fiscal Year 2020

C. Consideration of Resolution 2019-10, Levying Non-Ad Valorem Assessments

4. Public Comments on Agenda Items

5. Old Business

A. Christmas Décor

6. New Business

A. Consideration of Facilities Maintenance Agreement with the Key Marco Community Association

i. Consideration of Utility Easement

ii. Termination of Ground Lease

B. Crawford Landscaping Estimate for 1247 Blue Hill Creek Drive

7. Attorney’s Report

A. Roadway Rules

8. Manager’s Report

A. Approval of the Minutes of the July 17, 2019 Meeting

B. Acceptance of the Financials

C. Follow-Up Items

i. Gatehouse Pressure Cleaning

ii. Gatehouse Waterline Leak

9. Supervisors’ Requests and Comments

10. Audience Comments

11. Adjournment

*Next regular meeting scheduled for September 18, 2019

Agenda Page 4

Page 5: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Third Order of Business

Agenda Page 5

Page 6: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

3A.

Agenda Page 6

Page 7: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Prepared by:

Version 1 - Modified Tentative Budget

(Approved 04/17/19)

KEY MARCOCommunity Development District

Annual Operating Budget

Fiscal Year 2020

Agenda Page 7

Page 8: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

Community Development District

Page #

OPERATING BUDGET

General Fund

Summary of Revenues, Expenditures and Changes in Fund Balances …………………………….. 1 - 2

Budget Narrative …………………………………………………………………………………………… 3 - 5

Exhibit A - Allocation of Fund Balances …………………………………………………………………. 6

SUPPORTING BUDGET SCHEDULES

2019-2020 Non-Ad Valorem Assessment Summary ……………………………………………………….. 7

Table of Contents

Agenda Page 8

Page 9: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Fiscal Year 2020

Key MarcoCommunity Development District

Operating Budget

Agenda Page 9

Page 10: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCOCommunity Development District General Fund

ADOPTED ACTUAL PROJECTED TOTAL ANNUAL

ACTUAL ACTUAL ACTUAL BUDGET THRU MAR PROJECTED BUDGET

ACCOUNT DESCRIPTION FY 2016 FY 2017 2018 FY 2019 FEB-2019 SEP-2019 FY 2019 FY 2020

Interest - Investments Income 3,244$ 8,336$ 14,896$ 8,000$ 7,152$ 10,013$ 17,165$ 15,000$

Hurricane Irma FEMA Refund - - - - 20,834 - 20,834 -

Interest - Tax Collector Investments - - 40 - 226 45 271 200

Non-Ad Valorem Assessments 623,464 586,260 629,800 629,800 540,500 89,300 629,800 413,876

Non-Ad Valorem Assessments Discounts - - (18,377) (25,192) (20,727) - (20,727) (16,555)

Revenue Carry Forward - - 466 - - - - -

Hurricane Irma Insurance Claim Payout - - - - - - - -

Insurance Reimbursements - - 70,024 - - - - -

User Facility Revenue - - - - 2,038 2,853 4,891 4,000

Miscellaneous Revenues 5,129 288 - - - - - -

TOTAL REVENUES 631,838 594,884 696,849 612,608 550,023 102,211 652,234 416,521

EXPENDITURES

Administrative

Board of Supervisor Fees 5,015 4,800 7,200 9,600 2,400 7,200 9,600 4,800

FICA Taxes 31 - 414 734 184 551 735 367

ProfServ-Mgmt Consulting Service 54,080 31,283 76,750 72,000 31,000 41,000 72,000 72,000

Field Mgmnt Svcs / Contractual Svcs 44,887 57,398 - - - - - -

Transcript Cost 1,180 1,710 1,735 2,400 635 889 1,524 2,400

Auditing Services 4,850 4,875 4,925 5,000 - 5,000 5,000 5,000

Accounting Services 15,000 10,450 13,163 14,150 5,896 8,254 14,150 14,150

ProfServ-Special Assessment 1,000 1,000 1,000 1,000 1,000 - 1,000 1,000

ProfServ-Property Appraiser 9,648 9,648 9,045 9,447 567 8,880 9,447 6,208

ProfServ-Tax Collector 12,469 11,725 7,249 12,596 10,395 2,201 12,596 8,278

ProfServ-Legal Services 18,420 40,754 29,023 25,000 12,631 17,683 30,314 25,000

ProfServ-Engineering - 12,500 7,500 5,000 - 5,000 5,000 5,000

Postage 289 433 287 150 72 101 173 175

Rentals & Leases (Robert Flinn) - 676 300 300 226 316 542 300

Computer Support 811 1,149 993 600 250 350 600 600

Printing & Binding 627 - - - - - - -

Insurance - General Liability 33,272 27,230 27,845 29,926 26,788 - 26,788 29,926

Legal Advertising 2,584 4,421 2,958 4,000 1,743 2,257 4,000 4,000

Office Supplies 519 490 476 500 110 154 264 300

Dues, Licenses, Subscriptions 200 175 265 275 175 100 275 275

Miscellaneous Expense / Bank Charges 799 660 949 750 311 435 746 700

Total Administrative 205,682 221,377 192,077 193,428 94,383 100,372 194,755 180,479

Maintenance and Landscaping

Contractual Services 131,903 139,105 142,898 140,000 58,988 82,583 141,571 35,202

Insurance Workers Comp - 150 - - - - - -

Electric Services - 877 - - - - - -

Chemicals - 2,372 - - - - - -

R&M-Trees and Trimming 47,320 7,680 32,330 15,000 2,258 3,161 5,419 1,875

R&M-Pressure Washing - - - - 3,165 4,431 7,596 1,875

Plant Replacement Program 8,667 10,899 26,078 10,000 8,966 1,034 10,000 2,500

Exotic Maintenance 599 - 116 13,000 12,232 768 13,000 3,250

Flower Program - 2,817 1,863 5,000 2,415 2,585 5,000 1,250

Mulch Program 11,032 1,260 11,848 9,000 9,484 0 9,484 2,250

Misc-FEMA Expense - - 150,911 - 5,000 - 5,000 -

Miscellaneous Contingency - - - - - - - 5,000

Total Maintenance and Landscaping 199,520 165,159 366,044 192,000 102,508 94,562 197,070 53,202

REVENUES

Summary of Revenues, Expenditures and Changes in Fund BalancesFiscal Year 2020 Modified Tentative Budget

Annual Operating Budget

Fiscal Year 2020Page 1

Agenda Page 10

Page 11: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCOCommunity Development District General Fund

ADOPTED ACTUAL PROJECTED TOTAL ANNUAL

ACTUAL ACTUAL ACTUAL BUDGET THRU MAR PROJECTED BUDGET

ACCOUNT DESCRIPTION FY 2016 FY 2017 2018 FY 2019 FEB-2019 SEP-2019 FY 2019 FY 2020

Summary of Revenues, Expenditures and Changes in Fund BalancesFiscal Year 2020 Modified Tentative Budget

Irrigation Services

Contractual Services - 9,770 1,934 6,100 624 874 1,498 374

Utility-Water 14,959 18,263 22,921 15,000 18,131 25,383 43,514 10,000

Land Lease 28,083 30,636 30,636 31,000 12,765 17,871 30,636 -

Utilities-Electric 5,470 4,377 6,219 5,000 2,990 4,186 7,176 1,750

Repairs & Maintenance 14,841 12,349 25,811 20,000 10,339 14,475 24,814 6,250

Total Irrigation Services 63,353 75,395 87,521 77,100 44,849 62,789 107,638 18,374

Capital Expenditures & Projects

Street Light Project - - 5,000 - - - - -

Bridge Repair - - 15,124 - - - - -

Cap Outlay-Roads - 1,865 28,950 50,000 5,375 - 5,375 31,946

Total Capital Expenditures & Projects - 1,865 49,074 50,000 5,375 - 5,375 31,946

Lighting

Capital outlay / LED Lighting - 14,060 - - - - - -

Utilities-Electric 15,252 17,562 24,187 24,000 2,478 3,469 5,947 7,500

R&M General 19,881 4,596 6,547 6,000 3,649 5,109 8,758 6,000

Misc-Holiday Lighting 4,485 1,345 3,588 3,000 250 2,750 3,000 3,000

Total Lighting 39,618 37,563 34,322 33,000 6,377 11,328 17,705 16,500

Access Control

Contractual Services 77,624 83,448 83,057 86,520 35,837 50,683 86,520 86,520

Utilities 4,414 6,117 8,360 10,000 2,637 3,692 6,329 7,500

R&M Gate 4,456 6,809 6,785 3,580 2,448 3,427 5,875 5,000

R&M Gatehouse 20,438 10,350 13,722 5,000 1,210 3,790 5,000 5,000

Op Supplies - General - 129 796 250 1,134 1,588 2,722 2,000

Capital Outlay - - 10,000 - - - - -

Total Access Control 106,931 106,853 122,720 105,350 43,266 63,180 106,446 106,020

Maintenance: Landscape/Hardscape

Capital Outlay - - 46,300 - - - - -

Total Maintenance: Landscape/Hardscape - - 46,300 - - - - -

Roadway Services

Repairs & Maintenance - - 4,812 - - - - 10,000

Total Roadway Services - - 4,812 - - - - 10,000

TOTAL EXPENDITURES 615,105 608,212 902,870 650,878 296,758 332,230 628,988 416,521

Hurricane Irma Expenses

Misc-FEMA Expenses - 41,052 - - - - - -

Total Hurricane Irma Expenses - 41,052 - - - - - -

TOTAL EXPENDITURES 615,105 649,264 902,870 650,878 296,758 332,230 628,988 416,521

Excess (deficiency) of revenues

Over (under) expenditures 16,733 (54,380) (206,021) (38,270) 253,265 (230,019) 23,246 (0)

Net change in fund balance 16,733 (50,530) (206,021) (38,270) 253,265 (230,019) 23,246 (0)

FUND BALANCE, BEGINNING 844,120 860,853 810,321 604,300 604,300 - 604,300 627,546

FUND BALANCE, ENDING 860,853$ 810,321$ 604,300$ 566,030$ 857,565$ (230,019)$ 627,546$ 627,546$

Annual Operating Budget

Fiscal Year 2020Page 2

Agenda Page 11

Page 12: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Key Marco Community Development District General Fund

Budget Narrative Fiscal Year 2020

Annual Operating Budget Fiscal Year 2020

Revenue

Interest – Investments The District earns interest on the monthly average collected balance on their Operating Account.

Special Assessment – Tax Collector The District will levy a Non-Ad Valorem assessment on all the assessable property within the District to pay for the operating expenditures during the Fiscal Year.

Special Assessment - Discounts Per Section 197.162, Florida Statutes, discounts are allowed for early payment of CDD assessments. The budgeted amount for the fiscal year is calculated at 4% of the anticipated Non-Ad Valorem assessments.

Expenditures

Expenditures – Administrative

P/R Board of Supervisors Chapter 190 of the Florida Statutes allows for a member of the Board of Supervisors to be compensated for a meeting attendance and to receive $200 per meeting plus payroll taxes. The amount for the Fiscal Year is based upon all supervisors attending each of the six scheduled meetings.

FICA Taxes Payroll taxes for supervisor salaries are calculated as 7.65% of payroll.

Professional Services-Management Consulting ServiceThe District receives monthly Management services from the Key Marco Community Association at $6,000 monthly.

Transcript Cost The District receives Transcription services from Pam Arsenault for meeting and landowner minutes.

Auditing Services The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm, currently, Grau & Associates.

Accounting Services The District receives accounting and vendor services from Inframark Infrastructure Management Services.

Professional Services-Special AssessmentAdministrative costs for preparation of the District’s assessment roll are prepared by AJC Associates, Inc. The annual fee for fiscal year 2018 – 2019 was $1,000.

Professional Services -Property AppraiserThe Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming.

Page 3

Agenda Page 12

Page 13: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Key Marco Community Development District General Fund

Budget Narrative Fiscal Year 2020

Annual Operating Budget Fiscal Year 2020

Expenditures – Administrative (continued)

Professional Services-Legal Services The District's legal counsel Coleman, Yovanovich & Koester, P.A. will be providing general legal services to the District, i.e. review operating and maintenance contracts, email correspondences etc. Fees are based on prior year legal expenses.

Professional Services-EngineeringThe District's engineer Fishking & Associates will be providing general engineering services to the District, i.e. road consulting and other related services.

Insurance-General Liability The District's General Liability, Commercial Property & Public Officials Liability Insurance policy is with Public Risk Insurance Agency. The Public Risk Insurance Agency provides insurance coverage to governmental agencies.

Office Supplies Miscellaneous office supplies required to prepare agenda packages.

Annual District Filing Fee The District is required to pay a $175 annual fee to the Department of Economic Opportunity Division of Community Development.

Expenditures – Maintenance and Landscaping

Contractual Services Crawford Landscaping is the District’s vendor for monthly landscaping services currently at $11,734 monthly.

R&M – Trees & Trimming Crawford Landscaping is the District’s vendor for Tree removal, pruning etc.

R&M – Pressure Watching OZ Pressure Cleaning is the District’s vendor for pressure cleaning of the Guard House, pavers, sidewalks etc.

Miscellaneous Contingency Handle all miscellaneous items related to the Field but not otherwise included on the budget.

Expenditures –Irrigation Services

Contractual Services Aquagenix is the District’s vendor for monthly Aquatics Service currently at $125 monthly.

R&M – General This expense represents miscellaneous expenses that may arise during the year relating to the normal operations and maintenance of the District. Examples include any repairs or expenses related to the irrigation system, perimeter wall, landscaping on CDD property and other unforeseen maintenance needs.

Page 4

Agenda Page 13

Page 14: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Key Marco Community Development District General Fund

Budget Narrative Fiscal Year 2020

Annual Operating Budget Fiscal Year 2020

Access Control

Contractual Services Securitas Security Services USA, Inc is the district’s vendor for Guard Services and their current fee is $6,822 monthly. Also included in contractual services are year-end bonuses.

Utilities Contains all invoicing pertaining to Utilities for the Guard House.

Page 5

Agenda Page 14

Page 15: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

Community Development District General Fund

AVAILABLE FUNDS

Amount

Beginning Fund Balance - Fiscal Year 2020 627,546$

Net Change in Fund Balance - Fiscal Year 2020 (0)

Reserves - Fiscal Year 2020 Additions -

Total Funds Available (Estimated) - 9/30/2020 627,546

Assigned Fund Balance

Operating Reserve - First Quarter Operating Capital 104,130

Subtotal 104,130

Total Allocation of Available Funds 104,130

Total Unassigned (undesignated) Cash 523,415$

ALLOCATION OF AVAILABLE FUNDS

Allocation of Fund Balances

Exhibit "A"

Annual Operating Budget

Fiscal Year 2020Page 6

Agenda Page 15

Page 16: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Supporting Budget SchedulesFiscal Year 2020

Key MarcoCommunity Development District

Agenda Page 16

Page 17: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCOCommunity Development District All Funds

TotalFY 2020 FY 2019 Percent Units

Change

$3,089 $4,700 -34.3% 134

Comparison of Assessment RatesFiscal Year 2020 vs. Fiscal Year 2019

General Fund 001

Annual Operating Budget

Fiscal Year 2020

Page 7

Agenda Page 17

Page 18: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

3B.

Agenda Page 18

Page 19: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

1

RESOLUTION 2019-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE

KEY MARCO COMMUNITY DEVELOPMENT DISTRICT

RELATING TO THE ANNUAL APPROPRIATIONS OF THE

DISTRICT AND ADOPTING THE BUDGET FOR THE FISCAL

YEAR BEGINNING OCTOBER 1, 2019, AND ENDING

SEPTEMBER 30, 2020, AND REFERENCING THE

MAINTENANCE AND BENEFIT SPECIAL ASSESSMENTS TO

BE LEVIED BY THE DISTRICT FOR SAID FISCAL YEAR;

PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2019, submitted to

the Board of Supervisors (the “Board”) a proposed budget for the next ensuing budget year along with an

explanatory and complete financial plan for each fund of the Key Marco Community Development District

(the “District”), pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and

WHEREAS, at least sixty (60) days prior to the adoption of the proposed annual budget and any

proposed long-term financial plan or program of the District for future operations (the “Proposed Budget”)

the District filed a copy of the Proposed Budget with the general purpose local governing authorities having

jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b),

Florida Statutes; and

WHEREAS, District further posted the Proposed Budget on its website as required pursuant to

Section 189.016, Florida Statutes; and

WHEREAS, the Board set July 17, 2019, as the date for a public hearing and continued the

public hearing to August 21, 2019 thereon and caused notice of such public hearing to be given by

publication pursuant to Section 190.008(2)(a), Florida Statutes; and

WHEREAS, Section 190.008(2)(a), Florida Statutes requires that, prior to October 1 of each year,

the Board by passage of the Annual Appropriation Resolution shall adopt a budget for the ensuing fiscal

year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the

District during the ensuing fiscal year; and

WHEREAS, the District Manager has prepared a Proposed Budget on a Cash Flow Budget basis,

whereby the budget shall project the cash receipts and disbursements anticipated during a given time period,

including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal

year; and

WHEREAS, Section 190.021, Florida Statutes provides that the Annual Appropriation Resolution

shall also fix the Maintenance Special Assessments and Benefit Special Assessments upon each piece of

property within the boundaries of the District benefited, specifically and peculiarly, by the maintenance

and/or capital improvement programs of the District, such levy representing the amount of District

assessments necessary to provide for payment during the ensuing budget year of all properly authorized

expenditures to be incurred by the District, including principal and interest of special revenue, capital

improvement and/or benefit assessment bonds, in order for the District to exercise its various general and

special powers to implement its single and specialized infrastructure provision purpose; and

Agenda Page 19

Page 20: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

2

WHEREAS, the Board finds and determines that the non-ad valorem special assessments it

imposes and levies by this Resolution for maintenance on the parcels of property involved will constitute a

mechanism by which the property owners lawfully and validly will reimburse the District for those certain

special and peculiar benefits the District has determined are received by, and flow to, the parcels of property

from the systems, facilities and services being provided, and that the special and peculiar benefits are

apportioned in a manner that is fair and reasonable in accordance with applicable assessment methodology

and related case law; and

WHEREAS, the Chair of the Board may designate the District Manager or other person to certify

the non-ad valorem assessment roll to the Tax Collector in and for Collier County political subdivision on

compatible electronic medium tied to the property identification number no later than September 15, 2019

so that the Tax Collector may merge that roll with others into the collection roll from which the November

tax notice is to be printed and mailed; and

WHEREAS, the proceeds from the collections of these imposed and levied non-ad valorem

assessments shall be paid to the District; and

WHEREAS, the Tax Collector, under the direct supervision of the Florida Department of Revenue

performs the state work in preparing, mailing out, collecting and enforcing against delinquency the non-ad

valorem assessments of the District using the Uniform Collection Methodology for non-ad valorem

assessments; and

WHEREAS, if the Property Appraiser and the Tax Collector have adopted a different

technological procedure for certifying and merging the rolls, then that procedure must be worked out and

negotiated with Board approval through the auspices of the District Manager before there are any deviations

from the provisions of Section 197.3632, Florida Statutes, and Rule 12D-18, Florida Administrative Code.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF KEY

MARCO COMMUNITY DEVELOPMENT DISTRICT;

Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein by

reference.

Section 2. Budget.

a. The Board has reviewed the District Manager's Proposed Budget, a copy of which is on file with the office of the District Treasurer and the office of the Recording Secretary, and is hereby attached

to this Resolution, and hereby approves certain amendments thereto, as referenced herein.

b. The District Manager's Proposed Budget, as amended by the Board, is adopted hereby in accordance with the provisions of Section 190.008(2)(a), Florida Statutes and incorporated herein by

reference; provided, however, that the comparative figures contained in the adopted budget may be revised

subsequently as deemed necessary by the District Manager to reflect actual revenues and expenditures for

Fiscal Year 2018-2019 and/or revised projections for Fiscal Year 2019-2020.

c. The adopted budget, as amended, shall be maintained in the office of the District Treasurer and the District Recording Secretary and identified as “The Budget for the Key Marco Community

Development District for the Fiscal Year Ending September 30, 2020, as adopted by the Board of

Supervisors on August 21, 2019.

Agenda Page 20

Page 21: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

3

Section 3. Appropriations. There is hereby appropriated out of the revenues of the District, for

the Fiscal Year beginning October 1, 2019, and ending September 30, 2020 the sum of

($ ) to be raised by the applicable imposition and

levy by the Board of applicable non-ad valorem special assessments and otherwise, which sum is deemed

by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget

year, to be divided and appropriated in the following fashion:

TOTAL GENERAL FUND $

Total All Funds $

Section 4. Supplemental Appropriations. The Board may authorize by resolution supplemental

appropriations or revenue changes for any lawful purpose from funds on hand or estimated to be received

within the fiscal year as follows:

a. The Board may authorize a transfer of the unexpended balance or portion thereof of any

appropriation item.

b. The Board may authorize an appropriation from the unappropriated balance of any fund.

c. The Board may increase any revenue or income budget account to reflect receipt of any

additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated

balance.

The District Manager and Treasurer shall have the power within a given fund to authorize the

transfer of any unexpended balance of any appropriation item or any portion thereof, provided such

transfers do not exceed Ten Thousand ($10,000) Dollars or have the effect of causing more than 10% of

the total appropriation of a given program or project to be transferred previously approved transfers

included. Such transfer shall not have the effect of causing a more than $10,000 or 10% increase, previously

approved transfers included, to the original budget appropriation for the receiving program. Transfers

within a program or project may be approved by the applicable department director and the District Manager

or Treasurer. The District Manager or Treasurer must establish administrative procedures, which require

information on the request forms proving that such transfer requests comply with this section.

Section 5. Maintenance Special Assessment Levy: Fixed and Referenced and to be Levied by

the Board.

a. The Fiscal Year 2019-2020 Maintenance Special Assessment Levy (the “Assessment

Levy”) for the assessment upon all the property within the boundaries of the District based upon the special

and peculiar benefit received and further based upon reasonable and fair apportionment of the special

benefit, shall be in accordance with the attached Exhibit A, which levy represents the amount of District

assessments necessary to provide for payment during the aforementioned budget year of all properly

authorized expenditures to be incurred by the District, including principal and interest of special revenue,

capital improvement and/or benefit assessment bonds. The Assessment Levy shall be distributed as

follows:

General Fund O & M $ [See Assessment Levy Resolution 2019-10]

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b. The designee of the Chair of the Board shall be the Manager or the Treasurer of the District

designated to certify the non-ad valorem assessment roll to the Tax Collector in and for the Collier County

political subdivision, in accordance with applicable provisions of State law (Chapters 170, 190 and 197,

Florida Statutes) and applicable rules (Rule 12D-18, Florida Administrative Code) which shall include not

only the maintenance special assessment levy but also the total for the debt service levy, as required by and

pursuant to law.

Section 6. Effective Date. This Resolution shall be effective immediately upon its adoption.

PASSED AND ADOPTED at a meeting of the Board of Supervisors of Key Marco Community

Development District this 21st day of August, 2019.

Attest: KEY MARCO COMMUNITY

DEVELOPMENT DISTRICT

Justin Faircloth, Secretary Mary Beth Schewitz, Chair

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3C

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RESOLUTION 2019-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF

KEY MARCO COMMUNITY DEVELOPMENT DISTRICT

LEVYING AND IMPOSING NON ADVALOREM

MAINTENANCE SPECIAL ASSESSMENTS FOR KEY

MARCO COMMUNITY DEVELOPMENT DISTRICT AND

CERTIFYING AN ASSESSMENT ROLL FOR FISCAL

YEAR 2019-2020; PROVIDING A SEVERABILITY CLAUSE;

PROVIDING FOR CONFLICT AND PROVIDING AN

EFFECTIVE DATE.

WHEREAS, Key Marco Community Development District (the “District”) is a local unit of

special-purpose government established pursuant to Chapter 190, Florida Statutes for the purpose of

providing, operating and maintaining infrastructure improvements, facilities and services to the lands within

the District; and

WHEREAS, the District is located in the City of Marco Island in Collier County, Florida (the

“County”); and

WHEREAS, the District has constructed or acquired certain public improvements within the

District and provides certain services in accordance with Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District (“Board”) hereby determines to undertake

various operations and maintenance activities described in the District’s general fund budget for Fiscal Year

2019-2020 attached hereto as Exhibit “A” and incorporated by reference herein (“Operations and

Maintenance Budget”); and

WHEREAS, the District must obtain sufficient funds to provide for the operation and maintenance

of the services and facilities provided by the District as described in the Operations and Maintenance Budget

for Fiscal Year 2019-2020; and

WHEREAS, the provision of such services, facilities, and operations is a benefit to lands within

the District; and

WHEREAS, Chapter 190, Florida Statutes, provides that the District may impose special

assessments on benefited lands within the District; and

WHEREAS, Chapter 197, Florida Statutes, provides a mechanism pursuant to which such special

assessments may be placed on the tax roll and collected by the local tax collector (“Uniform Method”);

and

WHEREAS, the District has previously evidenced its intention to utilize the Uniform Method; and

WHEREAS, the District has approved an Agreement with the Property Appraiser and Tax

Collector of the County to provide for the collection of the special assessments under the Uniform Method;

and

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WHEREAS, the Board finds that the District's total Operations and Maintenance operation

assessments, taking into consideration other revenue sources during Fiscal Year 2019-2020 (defined as

October 1, 2019 through September 30, 2020), will amount to $ ; and

WHEREAS, the Board finds that the non-ad valorem special assessments it levies and imposes by

this resolution for operation and maintenance on the parcels of property involved will reimburse the District

for certain special and peculiar benefits received by the property flowing from the maintenance of the

improvements, facilities and services apportioned in a manner that is fair and reasonable, in accordance

with the applicable assessment methodology as adopted by the District; and

WHEREAS, it is in the best interests of the District to proceed with the imposition of the special

assessments; and

WHEREAS, it is in the best interests of the District to adopt the Assessment Roll of the District

(the “Assessment Roll”) attached to this Resolution as Exhibit “B” and incorporated as a material part of

this Resolution by this reference, and to certify the Assessment Roll to the County Tax Collector pursuant

to the Uniform Method; and

WHEREAS, it is in the best interests of the District to permit the District Manager to amend the

Assessment Roll, certified to the County Tax Collector by this Resolution, as the Property Appraiser

updates the property roll for the County, for such time as authorized by Florida law.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF KEY

MARCO COMMUNITY DEVELOPMENT DISTRICT OF COLLIER COUNTY, FLORIDA;

Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein by

reference.

Section 2. Benefit. The provision of the services, facilities, and operations as described in Exhibit

“A” confer a special and peculiar benefit to the lands within the District, which benefits exceed or equal

the costs of the Assessments (as defined below). The allocation of the costs to the specially benefitted lands

is shown in Exhibits “A” and “B”.

Section 3. Assessment Imposition. A special assessment for operations and maintenance as

provided for in Chapter 190, Florida Statutes is hereby imposed and levied on the benefitted lands within

the District in accordance with Exhibits “A” and “B” (the “Assessments”). The lien of the Assessments

imposed and levied by this Resolution shall be effective upon passage of this Resolution.

Section 4. Collection. The collection of the Assessments shall be at the same time and in the same

manner as County taxes in accordance with the Uniform Method.

Section 5. Assessment Roll. The District's Assessment Roll, attached to this Resolution as Exhibit

“B,” is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in

the same manner and time as County taxes. The proceeds therefrom shall be paid to Key Marco Community

Development District. The Chair of the Board designates the District Manager to perform the certification

duties. A copy of this Resolution be transmitted to the proper public officials so that its purpose and effect

may be carried out in accordance with law.

Section 6. Assessment Roll Amendment. The District Manager shall keep apprised of all updates

made to the County property tax roll by the Property Appraiser after the date of this Resolution, and shall

amend the District’s Assessment Roll in accordance with any such updates, for such time as authorized by

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Florida law, to the County property tax roll. After any amendment of the Assessment Roll, the District

Manager shall file the updates to the property tax roll in the District records.

Section 7. Conflict. All Resolutions, sections or parts of sections of any Resolutions or actions

of the Board in conflict are hereby repealed to the extent of such conflict.

Section 8. Severability. The invalidity or unenforceability of any one or more provisions of this

Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any

part thereof.

Section 9. Effective Date. This Resolution shall take effect upon the passage and adoption of this

Resolution by the Board of the District.

PASSED AND ADOPTED at a meeting of the Board of Supervisors of Key Marco Community

Development District this 21st day of August 2019.

Attest: KEY MARCO COMMUNITY

DEVELOPMENT DISTRICT

Justin Faircloth, Secretary Mary Beth Schewitz, Chair

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Exhibit “A”

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Exhibit “B”

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Sixth Order of Business

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6A.

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COMMUNITY DEVELOPMENT DISTRICT FACILITIES MAINTENANCE AGREEMENT

THIS COMMUNITY DEVELOPMENT DISTRICT FACILITIES MAINTENANCE AGREEMENT (this “Agreement”) is entered into as of day of , 2019, by and between KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes (the “District”), and KEY MARCO COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation (the “Association”).

R E C I T A L S: A. The District is a local unit of special-purpose government established by ordinance adopted

by the Board of County Commissions of Collier County, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the “Act”), and is validly existing under the Constitution and laws of the State of Florida. The District has the authority to exercise powers to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for roads, water management, water supply, sewer, street lights, security and parks and recreational facilities, among other powers, including all powers necessary, convenient, incidental or proper in connection with any of the powers, duties, or purposes authorized by the Act.

B. The Association is a private not-for-profit corporation formed pursuant to Chapters 617

and 720, Florida Statutes that owns and operates certain community infrastructure and amenity facilities located within the Key Marco community that is within the boundaries of the District. The membership of the Association is comprised solely of property owners within the District and all of the Key Marco property owners are members of the Association pursuant to the Declaration of Protective Covenants, Restrictions and Easements for Key Marco recorded in the Official Record Book 1570, Page 1747 of the Public Records of Collier County, Florida, as amended and supplemented.

C. The District desires to contract with the Association to operate, maintain, repair and replace

the following items and improvements owned or installed by the District that are located within the area described on Exhibit “A” attached hereto and made a part hereof (“Improvement Area”): (i) landscaping and vegetation (“Landscaping”) and (ii) irrigation improvements (“Irrigation”) (the Landscaping and Irrigation are sometimes collectively referred to herein as the “Landscaping and Irrigation Improvements”).

D. The Association is responsible for operating and maintaining certain common areas either

contiguous or in close proximity to the areas where the Landscaping and Irrigation Improvements are or will be located and the members of the Association are the direct beneficiaries of the Landscaping and Irrigation Improvements. Further, the Association is uniquely positioned and qualified to operate, maintain, repair and replace the Landscaping and Irrigation Improvements.

E. The Association agrees to to undertake the responsibility for operating, maintaining, repairing and replacing the Landscaping and Irrigation Improvements all on the terms and conditions set forth herein.

F. The District and the Association agree that having the Association operate, maintain, repair and replace the Landscaping and Irrigation Improvements is in the best interests of the District and the property owners benefitting from the Landscaping and Irrigation Improvements. Specifically, having the

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Association operate, maintain, repair and replace the Landscaping and Irrigation Improvements will provide for easier administration, potential cost savings, and anticipated efficiencies in operate, maintain, repair and replace.

NOW, THEREFORE, the District and the Association agree as follows:

1. Recitals. The above recitals are true and correct and incorporated herein by this reference. 2. Finding. The District and the Association expressly agree that having the Association

operate, maintain, repair and replace the Landscaping and Irrigation Improvements is in the best interests of the District and the property owners intended to benefit from the Landscaping and Irrigation Improvements.

3. Operation, Maintenance, Repair and Replacement. Except as otherwise provided for

herein, the Association agrees to be responsible during the term of this Agreement, at the Association’s sole cost and expense, for operating, maintaining, repairing, and replacing the Landscaping and Irrigation Improvements that may be now or in the future located on or within the Improvement Area. The Landscaping shall be kept by the Association in good, neat and attractive condition and repair. The Irrigation shall be kept in good and proper condition and repair. All such action by the Association shall be performed in compliance with all applicable statutes, ordinances, administrative rules and regulations, permit conditions and the rules, policies, practices and procedures of the District. The Association understands and agrees that the Association shall be required to budget for, fund, and complete maintenance, repair, and replacement of the Landscaping and Irrigation Improvements and their component parts. During the term of this Agreement, the Association shall have a non-exclusive license to enter upon the Improvement Area to the extent reasonably necessary to carry out the Association’s obligations under this Agreement. Notwithstanding the foregoing, if any property of the District is damaged a result of any activity of the Association pursuant to this Agreement, the Association shall be responsible, at the Association’s sole cost and expense, to promptly repair any damaged property or landscaping to the extent necessary to restore the property to its condition prior to the damage.

4. Tropical Storm or Hurricane Damage. The parties acknowledge that the Association is

acting as a service provider to the District under this Agreement and this Agreement is means to provide for the services set forth in Section 3 on a resource-efficient basis as described in the recitals. This Agreement transfers neither ownership nor ultimate legal responsibility for the Landscaping and Irrigation Improvements. Nor does this Agreement change the character of the Landscaping and Irrigation Improvements, which are public assets of the District. The parties recognize that given the nature of the Landscaping and Irrigation Improvements, they generally cannot be insured, but are subject to being damaged or destroyed in a tropical storm or hurricane event. In the event the Landscaping and Irrigation Improvements are damaged as a result of a tropical storm or hurricane event, it shall be the District’s obligation, at the District’s cost and expense, for post-tropical storm or hurricane clean-up of the Landscaping and Irrigation Improvements and for the repair or replacement of the Landscaping and Irrigation Improvements in a manner, and to the extent, deemed appropriate by the District.

5. Representative. The District shall designate in writing a person to act as the District’s

representative with respect to the services to be performed under this Agreement. The District’s representative shall have the authority to transmit instructions, receive information, interpret and define the District’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Association’s services. The Association agrees to meet with the District’s representative as is reasonably necessary to evaluate the Landscaping and Irrigation and discuss conditions, schedules, and items of concern regarding this Agreement.

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6. Annual Budget Updates. Annually, in December, the Association shall submit in writing to the District the Association’s proposed operating budget (or portions thereof) in sufficient detail to illustrate the Association’s estimated expenditures for the operation, maintenance, repair and replacement of the Landscaping and Irrigation Improvements for the next fiscal year of the Association pursuant to this Agreement. The District shall respond in writing within thirty (30) days to the Association that it has reviewed the budget (or applicable portion thereof) and that either (i) the District has no objection to the proposed budget or (ii) the District recommends specific, reasonable changes to the proposed budget, which the Association shall review and either agree to incorporate into the budget or propose its own reasonable changes. The budget must be reasonably and mutually satisfactory to both parties. In the event that an agreed budget is not established prior to December 31st, the prior year’s budget shall be utilized until an agreement is reached.

7. Annual Meeting to Discuss Capital Improvements; Modifications to the Landscaping

and Irrigation Improvements. a. No later than the April 30th of each year of the Term (or any Renewal Term)(as defined

below), the Board of Supervisors of the District (“Board of Supervisors”) shall schedule and hold, as part of a Board of Supervisors’ meeting, a discussion concerning any proposed capital improvements (i.e. material modifications or enhancements) to the Landscaping and Irrigation Improvements that the Board of Supervisors intends to undertake. The Association agrees to have a representative of the Association present at the meeting. In lieu of a representative, the meeting can be held as a joint meeting of the Board of Directors of the Association and the Board of Supervisor. Except as otherwise agreed upon by the parties or as required due to casualty from a Tropical Storm or Hurricane pursuant to Section 4, the District will not undertake any capital improvements to the Landscaping and Irrigation Improvements during the subsequent Renewal Term except as approved at the Board of Supervisors’ meeting or otherwise set forth in a written notice to the Association prior to April 30th. The intent of this provision is to (i) allow the the Association the opportunity to propose any capital improvements to the Landscaping and Irrigation Improvements for consideration by the Board of Supervisors and (ii) disclose any intended expected capital improvements by the District to the Landscaping and Irrigation Improvements in order to allow the Association to determine whether to continue with the next Renewal Term.

b. The Association shall have the right to modify or enhance the Landscaping and Irrigation Improvements consistent with the terms of this Agreement; provided, however, that the Association may not make any material modification to the Landscaping and Irrigation Improvements (including, without limitation, removal or replacement) without the prior written consent of the District, which consent may be withheld in the District’s sole and exclusive discretion.

8. Inspections by the Association. The Association shall perform regular on-site inspections

of the Landscaping and Irrigation Improvements to determine their condition, confirm proper operation and perform the maintenance, repair and replacement of such Landscaping and Irrigation Improvements as outlined in this Agreement. Based upon such inspections, the Association shall perform such additional maintenance, repair and replacement of the Landscaping and Irrigation Improvements as necessary consistent with the obligations set forth under Section 2. The Association shall make a representative available to provide reporting on the Landscaping and Irrigation Improvements at a regular meeting of the District’s Board upon request of the District Manager.

9. Term. The initial term of this Agreement will commence on November 16, 2019 and will run

through September 30, 2020 (“Initial Term”), unless terminated prior to that time by either party pursuant to a provision of this Agreement. After the Initial Term, this Agreement will automatically renew for additional one (1) year periods (October 1st through September 30th of the next year) (each, a “Renewal Term”) unless terminated by either party as provided for herein. The District may terminate this Agreement

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for any or no reason upon ninety (90) days’ written notice to the Association, or the parties may mutually agree in writing to an earlier termination. The Association may terminate this Agreement on September 30th of a calendar year provided the Association provides the District written notice of termination no later than May 31st of that year. If written notice of termination is provided by the Association after May 31st, then the effective date of termination will be September 30th of the following calendar year.

10. Independent Contractor. In all matters relating to this Agreement, the Association shall be

acting as an independent contractor. Neither the Association nor employees of the Association, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Association agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Association, if there are any, in the performance of this Agreement. The Association shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Association shall have no authority to represent the District as an agent, employee, or in any other capacity.

11. Liens and Claims. The Association shall promptly and properly pay for all contractors

retained, labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Association shall keep the District’s property free from any construction, materialmen’s or mechanic’s liens and claims or notices in respect to such liens and claims or notices in respect to such liens and claims, which arise by reason of the Association’s performance under this Agreement, and the Association shall immediately discharge any such claim or lien.

12. Insurance. The Association shall procure, at the Association’s expense, and maintain at all

times during the term of this Agreement, comprehensive general liability insurance, worker’s compensation insurance, automobile liability insurance, and such other coverage as may be necessary or desirable to carry out its duties under this Agreement regarding the Landscaping and Irrigation Improvements in the Improvement Area. The Association shall carry the following minimum levels of insurance:

a. Comprehensive general liability insurance coverage of $1,000,000.00 combined

single limit bodily injury and property damage per occurrence, and $2,000,000 general aggregate. b. Worker’s compensation insurance coverage insurance shall be in full compliance

with Florida statutory requirements. c. Automobile Liability Insurance for bodily injuries in limits of not less than

$1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Association of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District, and its officers and supervisors, shall be named as an additional insured on all policies required (excluding worker’s compensation). A certificate of insurance will be provided to the District annually evidencing compliance with the foregoing insurance requirements. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from one or more reputable insurance carriers that are licensed to conduct business in the State of Florida, which carriers shall be reasonably acceptable to the District. The Association further agrees to require by written contract any contractor or subcontractors hired or engaged by the Association to perform all or part of the Associations’ services hereunder to procure and maintain, until the completion of the contractor’s or subcontractor’s work, insurance of the types and to the

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limits specified in this Section unless such insurance requirements for the contractor or subcontractor are expressly modified or waived in writing by the District. Notwithstanding anything to the contrary in this Section, the Association shall not be required to maintain the workers’ compensation insurance set forth in subsection b., above, provided that the Association is not performing any of the maintenance, repair or replacement work using employees of the Association. If, however, the Association at any time commences performing the maintenance, repair or replacement work using employees of the Association, the Association shall provide the District with evidence of such worker’s compensation insurance. Nothing herein shall alleviate the requirement that all contractor or subcontractors hired or engaged by the Association to perform all or part of the Associations’ services hereunder shall be required to carry the applicable worker’s compensation insurance.

13. Indemnification. Except to the extent of negligence or intentional misconduct of the District, the Association agrees to indemnify, defend and hold harmless the District and its Board members, officers, agents, staff and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or harm of any nature, arising out of, or in connection with, the acts or omissions of the Association, or its officers, employees, representatives, contractors, or subcontractors relating to the obligations assumed by the Association hereunder. Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, fines, penalties, attorneys’ fees, and paralegal fees (incurred in court, out of court, mediation, on appeal, or in bankruptcy proceedings) as ordered.

14. Payment/Funding. The District shall pay Association the sum of Ten Dollars ($10.00) per

year for the provision of operation, maintenance, repair and replacement services pursuant to the terms of this Agreement. The Association shall not be entitled, for any reason, to reimbursement or refund from the District of any funds expended in the performance of the Association’s obligations and responsibilities under this Agreement. To the extent of the Association’s funding obligations under this Agreement, the Association shall be responsible for staffing, budgeting, financing, billing and collection of fees, service charges, etc., necessary to perform the operation and maintenance responsibilities set forth in this Agreement. The Association shall assess and collect from the membership of the Association for the operation, maintenance, repair and replacement costs it is providing hereunder. The Association shall maintain any records for the Landscaping and Irrigation Improvements from its other Association records and have them available for inspection by the District upon request. At the termination of this Agreement for any reason, the Association shall, within thirty (30) days following the termination date, remit and deliver to the District copies of all records and documents relating to and associated with the performance of the Association under this Agreement.

15. Amendments. This Agreement may not be changed, modified or terminated, except by an

instrument executed by the parties hereto.

16. Assignment. This Agreement may not be assigned by the Association or the District without the prior written specific consent of the other party, which consent may be withheld in that party’s sole and absolute discretion; ; provided, however, that the Association may contract with third party contractors to perform the work under this Agreement without the consent of the District.

17. Notices. Any notice, demand, consent, authorization, request, approval or other

communication that any party is required, or may desire, to give to or make upon the other parties pursuant to this Agreement will be effective and valid only if in writing, signed by the party giving notice and either (i) delivered personally to the other parties; (ii) sent by commercial overnight courier or delivery service; (iii) email, addressed to the other parties at the addresses set forth below (or to such other place as any party

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may by notice to the others specify). Notice will be considered given when received, except that if delivery is not accepted, notice will be considered given on the date of such non-acceptance. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, will be considered received on the next business day. If any time for giving notice would otherwise expire on a non-business day, the notice period will be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government will not be regarded as business days. Counsel may deliver notice on behalf of the party represented. Initial addresses for the Parties include:

If to District: Key Marco Community Development District

Attn: Justin Faircloth, District Manager Inframark, LLC 5911 Country Lakes Drive

Fort Myers, FL 33905 [email protected]

With a copy to: Coleman, Yovanovich & Koester, P.A. Attn: Gregory L. Urbancic, Esq. 4001Tamiami Trail North, Suite 300 Naples, Florida 34103 [email protected]

If to Association: Key Marco Community Association, Inc. Attn: Katie Maline, Association Manager

505 Whiskey Creek Drive Marco Island, FL 34145 [email protected]

The addressees and addresses for the purpose of this Section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes.

18. Governing Law. This Agreement is made and shall be governed and construed by the laws of the State of Florida. Any litigation arising out of this Agreement shall be in the State court of appropriate jurisdiction in Lee County, Florida.

19. Prevailing Party. In any action or proceeding arising between the parties relating to the

terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, expenses, and all court costs, including fees and costs incurred through any appeal, from the non-prevailing party.

20. Public Records Law. In connection with its services to the District, the Association agrees to fully comply with the provisions of Section 119.0701, Florida Statutes pertaining to Florida’s Public Records Law. Said compliance will include the Association taking appropriate and necessary steps to comply with the provisions of Section 119.0701(2)(b), Florida Statutes including, without limitation, the following:

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a. The Association shall keep and maintain public records required by the District to perform the services hereunder.

b. Upon a request for public records received by the District, the Association shall provide the District with a copy of the requested 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 or otherwise provided by law.

c. The Association shall ensure that public records that are exempt or confidential and

exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of this Agreement if the Association does not transfer the records to the District.

d. Upon completion of this Agreement, the Association shall transfer, at no cost, to the

District all public records in possession of the Association or keep and maintain public records required by the District to perform the service. If the Association transfers all public records to the District upon completion of this Agreement, the Association shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Association keeps and maintains public records upon completion of this Agreement, the Association shall meet all applicable requirements for retaining public records. All records stored electronically by the Association must be provided to the District, upon request from the District’s custodian of public records, in a format that is compatible with the information technology systems of the District.

Failure of the Association to comply with Section 119.0701, Florida Statutes may subject the

Association to penalties under Section 119.10, Florida Statutes. Further, in the event the Association fails to comply with this Section or Section 119.0701, Florida Statutes, the District shall be entitled to any and all remedies at law or in equity. The following statement is required to be included in this Agreement pursuant to Section 119.0701(2), Florida Statutes:

IF THE ASSOCIATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ASSOCIATION’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT INFRAMARK, LLC C/O SANDRA DEMARCO; TELEPHONE: (954) 753-5841; EMAIL: [email protected], AND MAILING ADDRESS: 210 NORTH UNIVERSITY DRIVE, SUITE 702, CORAL SPRINGS, FLORIDA 33701.

21. Counterparts. This Agreement may be executed in several counterparts or by separate instruments, and all of such counterparts and instruments shall constitute one agreement, binding on all of the parties hereto.

22. Electronic Signatures. An electronic signature will be considered an original signature on

this Agreement and any related documents or subparts and will have the same force and effect as a written

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signature unless prohibited by Florida law. Electronic signatures include, but are not limited to, facsimiles, electronic signatures, portable document format (PDF), and any other electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a party with the intent to sign the Agreement or any other document related to this Agreement.

23. Sovereign Immunity. The Association agrees that nothing contained in this Agreement shall

constitute or be construed as a waiver of the District’s limitations on liability set forth in Section 768.28, Florida Statutes, and/or other applicable law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

24. Severability. In the event any provision of this Agreement is deemed to be unenforceable

under applicable law, the remainder of this Agreement shall continue to be enforceable and said provision shall be automatically modified and/or limited so that it is enforceable.

25. Authorization. Both parties have the requisite approvals and authority to execute and bind

the parties.

(Remainder of page intentionally left blank. Signatures appear on next page.)

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Page 9

IN WITNESS WHEREOF, the parties hereto have executed this Community Development

Facilities Maintenance Agreement as of the date set forth below.

DISTRICT: KEY MARCO COMMUNITY

DEVELOPMENT DISTRICT, a community development district

ATTEST: By: Justin Faircloth, Secretary Mary Beth Schewitz, Chair

Date:

ASSOCIATION: KEY MARCO COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation By: Herbert J. Krutisch, President

Date:

Agenda Page 39

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Page 10

EXHIBIT “A” Improvement Area

Tract H-1, Horr’s Island A.K.A. Key Marco, according to the plat thereof, as recorded in Plat Book 21, Pages 5 through 19, of the Public Records of Collier County, Florida. and Tract U, Horr’s Island A.K.A. Key Marco, according to the plat thereof, as recorded in Plat Book 21, Pages 5 through 19, of the Public Records of Collier County, Florida. and Tract S, Horr’s Island A.K.A. Key Marco, according to the plat thereof, as recorded in Plat Book 21, Pages 5 through 19, of the Public Records of Collier County, Florida.

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6Ai

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Utility Easement Page 1 of 3

This instrument was prepared without an opinion of title and after recording return to: Gregory L. Urbancic, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435-3535 (space above this line for recording data)

UTILITY EASEMENT

THIS UTILITY EASEMENT (this “Easement”) is made this day of , 2019, by KEY MARCO COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, whose address is 505 Whiskey Creek Drive, Marco Island, FL 34145, as grantor (“Grantor”) to KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a community development district established and existing pursuant to Chapter 190, Florida Statutes, whose mailing address is c/o Inframark, LLC, 5911 Country Lakes Drive, Fort Myers, FL 33905, as grantee (“Grantee”).

(The terms “Grantor” and “Grantee” include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.)

Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto Grantee, a perpetual easement, license, and privilege to enter upon and to install, relocate, repair and otherwise maintain utility systems and utility facilities (including, without limitation, stormwater management and drainage systems and facilities, irrigation systems and facilities, wells, pumps, wellfield systems, water distribution facilities and water lines) and/or portion(s) thereof in, on, over and under the following described lands being located in Collier County, Florida, to wit:

See attached Exhibit “A” which is incorporated herein by reference

TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon the land, place, excavate, relocate, take, introduce and/or remove materials for the purpose of constructing, operating, relocating, repairing and/or maintaining the subject utility facilities and/or systems(s) or portion(s) thereof, in, on over and/or under the easement area. The Easement shall constitute an easement running with the land and shall burden the lands described above.

Without waiving its statutory defense of sovereign immunity or increasing Grantee’s limits of

liability as provided in Section 768.28, Florida Statutes, Grantee shall indemnify and hold harmless Grantor (the “Indemnified Party”) and its officers, directors, managers, members and employees from any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees, costs and disbursements both at trial and appellate levels) for injury or death to persons or damage to or loss of property arising out of or alleged to have arisen out of or

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Utility Easement Page 2 of 3

occasioned by the use by Grantee of the easement described herein, unless such damage, injury or death shall have been due in whole or in part to the negligence or willful misconduct of the Indemnified Party, or the Indemnified Party's successors, assigns, agents, or invitees, in which case the indemnification obligation described herein shall not apply.

Grantor has caused this Easement to be executed the date and year first above written.

KEY MARCO COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation

________________________________ By: Witness Signature Herbert J. Krutisch, President ________________________________ Witness Name Typed or Printed ________________________________ Witness Signature ________________________________ Witness Name Typed or Printed STATE OF FLORIDA COUNTY OF COLLIER

The foregoing Utility Easement was acknowledged before me this ____ day of , 2019, by Herbert J. Krutisch, as President of KEY MARCO COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, on behalf of the corporation, who (_____) is personally known to me or (____) has produced ________________ as identification.

(SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires:

Agenda Page 43

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Utility Easement Page 3 of 3

ACCEPTED BY GRANTEE: KEY MARCO COMMUNITY

DEVELOPMENT DISTRICT ATTEST: By: Justin Faircloth, Secretary Mary Beth Schewitz, Chair STATE OF FLORIDA ) ) ss. COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me, this of 2019, by Mary Beth Schewitz, as Chair of Key Marco Community Development District, on behalf of the district, who ( ) is personally known to me or ( ) has produced _____________________________ as evidence of identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires:

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6Aii

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Page 47: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

TERMINATION OF GROUND LEASE

THIS TERMINATION OF GROUND LEASE (this “Termination Agreement”) is made as of

this ____ day of , 2019, by and between KEY MARCO COMMUNITY ASSOCIATION,

INC., a Florida not-for-profit corporation (the “Association”) and KEY MARCO COMMUNITY

DEVELOPMENT DISTRICT, a community development district established and existing pursuant to

Chapter 190, Florida Statutes (the “District”).

WITNESSETH:

WHEREAS, the Association and the District entered into that certain Ground Lease (“Ground

Lease”) dated , 2015 relating to the use by the District of certain property owned

by the Association; and

WHEREAS, the Association and the District have determined that there is no longer a need for

the Ground Lease and desire to terminate the Ground Lease.

NOW, THEREFORE, the Association and the District hereby agree to terminate the Ground

Lease and declare that the Ground Lease is hereinafter of no further force or effect and the real property

referenced therein shall be released therefrom effective as of , 2019.

IN WITNESS WHEREOF, the foregoing Termination Agreement is entered into as of the date

and year first above written.

ASSOCIATION:

KEY MARCO COMMUNITY

ASSOCIATION, INC.,

a Florida not-for-profit corporation

By:

Herb Krutisch, President

DISTRICT:

KEY MARCO COMMUNITY

Attest: DEVELOPMENT DISTRICT

______________________________ By:

Justin Faircloth, Secretary Mary Beth Schewitz, Chair

Agenda Page 47

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6B.

Agenda Page 48

Page 49: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

From: Howard Clement [mailto:[email protected]] Sent: Tuesday, July 16, 2019 8:33 AM To: Faircloth, Justin <[email protected]> Subject: drainage

Justin: I am a landowner at 1247 Blue Hill Creek Drive, on Key Marco. I am currently in the building stage with my home. Due to the elevation of my lot, when we have heavy rains I have a wash out of driveway (not finished) that deposits soil on the roadway. I am dealing with that issue, and am awaiting the landscaping companies design for the drive so I will not have to take temporary steps, then redo it later.

The issue I am passing to you is that when water exits my lot onto the roadway, it flows to the east, where there is a drainage pit in the swale. However, sod and soil damming at the side of the road causes pooling of 3-4" of water in the road until it seeps to the drainage pit.

I spoke to an individual who said the problem is reoccurring due to the sod/grass clipping/silt buildup.

It needs to have sod removed, undersod soil removed, and the sod relaid at the proper elevation to allow water to readily reach the drainage pit.

Thanking you in advance for your attention to this matter, Howard Clement

PS: If you would like to take a look at this issue tomorrow, either before or after the CDD meeting, just let me know the time, and I will schedule to be there.

Agenda Page 49

Page 50: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Tel: 888-581-5151 Fax: 239-594-9832 PROPOSALPROPOSAL

Project Title:Project Title: Sod ReplacementDate:Date: 2019-07-19

Customer:Customer:Key Marco Cdd C/OInframark

Customer #:Customer #: 1966 Estimate #:Estimate #: 27071941

BillingBillingAddress:Address:

5911 Country LakesDrive, Fort Myers, Fl.33905

Job #:Job #: Prepared By:Prepared By: Bryan Stork

Prepared for:Prepared for: Key Marco Division:Division: 06-Construction

PhysicalPhysicalAddress:Address:

Key Marco, 2323 SanMarco Road

Phone #:Phone #: 239-592-9115

Email:Email: [email protected]

Crawford Landscaping Group, LLC ("CLG") hereby proposes to furnish labor and materials in accordance with the provided specifications below. Any alteration or deviation from estimatespecifications involving extra costs will be executed upon receiving a written change order and will become an extra charge.

PLANT MATERIALPLANT MATERIAL NOTESNOTES QUANTITYQUANTITY UNIT PRICEUNIT PRICE TOTAL AMOUNTTOTAL AMOUNT

Sod:Floratam, 400 sq ft

Sod replacement fro dead anddeclining sod across the street from

1247 Blue Hill Creek. Make sureirrigation is controlled for sod grow in.

4 600.00 $2,400.00

Removal/Disposal/SitePrep / Hr

Labor to dig out swale to the drainfrom the road. Location is in front of

1247 Blue Hill Creek. Problem is watercollecting on the road as the gras is

too high on the edge.

12 55 $660.00

Sod:Floratam, 400 sq ftTo finish of the swale area in front of

1247 Blue Hill Creek.1 600.00 $600.00

TotalTotal $3,660.00

GENERAL NOTESGENERAL NOTES

Sod Replacement

TERMS & CONDITIONSTERMS & CONDITIONS

Payment terms as follows: Payment for services is due upon receipt of the Invoice. After thirty (30) days past due, interest will accrue at 1.5% per month. Crawford Landscaping will beentitled to all court costs, attorney’s fees and costs, etc., if collection becomes necessary.

Company Signature Date Customer Authorization Date

2019-07-19 2019-07-19

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Eighth Order of Business

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8A.

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Unapproved Minutes

MINUTES OF MEETING 1

KEY MARCO 2

COMMUNITY DEVELOPMENT DISTRICT 3

4

The regular meeting of the Board of Supervisors of the Key Marco Community 5

Development District was held Wednesday, July 17, 2019 at 8:30 a.m. at the Key Marco Center, 6

located at 505 Whiskey Creek Drive, Marco Island, Florida. 7

8

Present and constituting a quorum were: 9

10

Mary Beth Schewitz Chairperson 11

Luanne Kerins Vice Chairperson 12

Maureen McFarland Treasurer/Assistant Secretary 13

Dawn Aitkenhead Assistant Secretary 14

Corrie Grado Assistant Secretary 15

16

Also present were: 17

18

Justin Faircloth District Manager 19

Greg Urbancic District Attorney 20

Several Residents 21

22

The following is a summary of the discussions and actions taken at the July 17, 2019 23

Key Marco Community Development District’s Board of Supervisors Meeting. 24

25

FIRST ORDER OF BUSINESS Roll Call 26

Mr. Faircloth called the meeting to order and called the roll. A quorum was established. 27

28

SECOND ORDER OF BUSINESS Approval of Agenda 29

Mr. Faircloth presented the Agenda for the meeting and the following amendments were 30

requested: 31

• Supervisors Grado requested the addition of an index of page numbers on agendas 32

going forward. 33

• Mr. Faircloth indicated there will be a proposal from Marco Island Painting for the 34

gatehouse repairs, to be included under Old Business. 35

There being no further amendments, 36

37

On MOTION by Supervisor McFarland, seconded by Supervisor 38

Aitkenhead, with all in favor, the Agenda for the meeting was 39

approved as amended. 40

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July 17, 2019 Key Marco CDD

2 Unapproved Minutes

THIRD ORDER OF BUSINESS Fiscal Year 2020 Budget Public Hearing 41

A. Open the Public Hearing for Public Comment 42

43

On MOTION by Supervisor McFarland, seconded by Supervisor 44

Grado, with all in favor, the Public Hearing to consider adoption of 45

the Fiscal Year 2020 Budget was opened. 46

47

• A resident addressed the procedure for public comments. Mr. Urbancic explained the 48

procedure. 49

• Residents addressed issues with the irrigation system. It was reported that the pumping 50

station at the end of Blue Hill Creek Drive was not working. Mr. Faircloth noted that 51

the maintenance agreement with Hoover Pumping Systems expired on April 30, 2019 52

and was not renewed. Mr. Faircloth previously requested a new contract from Hoover 53

for this system and also sent an email prior to the meeting starting to Hoover Pumping 54

Systems to have them repair the system. 55

• A resident commented there needs to be better communication between the HOA and 56

CDD regarding the irrigation system. 57

• A resident commented there needs to be full-time staff. Mr. Faircloth commented this 58

may be done at the Board’s request. 59

60

B. Close the Public Hearing for Public Comment 61

There being no further comments from the public, 62

63

On MOTION by Chairperson Schewitz, seconded by Supervisor 64

McFarland, with all in favor, the Public Hearing to consider 65

adoption of the Fiscal Year 2020 Budget was closed. 66

67

C. FY 2020 Budget 68

D. Supervisor Schewitz FY 2020 Budget Options Document 69

• Chairperson Schewitz noted that the landscaping proposals are not responsive to the 70

budget and that Landscape Florida was closest to the budgeted amount. 71

• Chairperson Schewitz noted that the CDD will likely have to spend approximately $1.3 72

Million on roads and the bridge in the next six years. 73

• Supervisor McFarland noted that any changes may be made to the line items, as long 74

as the assessment remains the same. 75

• Management of irrigation was discussed. 76

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July 17, 2019 Key Marco CDD

3 Unapproved Minutes

➢ Mr. Faircloth commented the CDD may ask the new engineer to investigate, ask 77

the landscaper to oversee irrigation or hire an irrigation company. 78

➢ The CDD may also transfer the day to day responsibility to the Community 79

Association. 80

➢ Supervisor McFarland noted, that as Chairperson at the time, she previously 81

directed Inframark to handle all items regarding the District, including irrigation. 82

➢ Mr. Faircloth mentioned that upgrades to the irrigation system could be made to 83

improve the performance and management of the system. 84

➢ Mr. Urbancic commented there can be an operations maintenance agreement with 85

the HOA, in which the HOA can take over responsibility. Mr. Faircloth would 86

work with the HOA to ensure the CDD’s part is taken care of. The CDD would be 87

responsible for any capital expenditures. 88

➢ It was noted that future FEMA reimbursements may be affected. 89

• Mr. Urbancic discussed dissolution of the CDD. 90

➢ Mr. Urbancic indicated he has not seen the process being used before. There is 91

some inherent risk because of the way the public assets are being dealt with. The 92

Statute does not dictate this process. If assets are transferred inappropriately, it can 93

be challenged in court. Supervisors may be challenged individually. Residents 94

may challenge this if they do not want the CDD to be dissolved. Someone may 95

move for an injunction, which may be costly. If challenged, the CDD may possibly 96

be reinstated. 97

➢ It would take approximately one year to transfer the assets, after which the CDD 98

goes inactive. 99

➢ The budget may be reduced if the CDD goes into an operations maintenance 100

agreement with the HOA, but the HOA budget will have to increase. 101

➢ Any substantial expenses fall back on the CDD as long as it exists. 102

• The Board discussed items to transfer to the HOA. 103

➢ Supervisor McFarland suggested the line items of the budget pertaining to 104

maintenance and landscaping, and irrigation services be reduced if the HOA takes 105

over responsibility. 106

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July 17, 2019 Key Marco CDD

4 Unapproved Minutes

➢ Mr. Urbancic commented this is possible, and that the agreement being 107

contemplated will include those items. There will be an exhibit which outlines 108

exactly what the HOA will maintain. Mr. Urbancic will draft the agreement. 109

➢ Supervisor Grado suggested the CDD can slowly reduce the capital to be spent on 110

the roads. 111

➢ The HOA will be given an easement on the right-of-way. 112

• The budget assessment will have to be reduced. 113

• Mr. Urbancic discussed timing issues. 114

• Mr. Faircloth warned that if this agreement did not work out for some reason, the 115

District would have to go out for a special assessment or draw from reserves since it 116

had already reduced its budget. 117

• Mr. Urbancic suggested continuing the budget Public Hearing to the next meeting. 118

• The agreement with the HOA should be effective as of January 1, 2020. 119

120

On MOTION by Supervisor McFarland, seconded by Chairperson 121

Schewitz, with all in favor, the Public Hearing to consider adoption 122

of the Fiscal Year 2020 Budget, was continued to Wednesday, 123

August 21, 2019 at 8:30 a.m. at the Key Marco Center, located at 124

505 Whiskey Creek Drive, Marco Island, Florida. 125

126

• Mr. Urbancic will prepare an agreement with the Key Marco Community Association 127

to oversee the maintenance, landscaping and irrigation needs of the District 128

commencing January 1, 2020. The draft agreement should also be submitted to the 129

HOA for their review. 130

131

On MOTION by Supervisor McFarland, seconded by Vice 132

Chairperson Kerins, with all in favor, the Key Marco Community 133

Association Manager and Mr. Herb Krutisch, shall be authorized to 134

have access to the Hoover Pumping System. 135

136

E. Consideration of Resolution 2019-9, Adopting the Budget for Fiscal Year 2020 137

F. Consideration of Resolution 2019-10, Levying Non-Ad Valorem Assessments 138

These items shall be considered at the continued meeting. 139

140

141

142

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July 17, 2019 Key Marco CDD

5 Unapproved Minutes

FOURTH ORDER OF BUSINESS Public Comments on Agenda Items 143

• Mr. Krutisch commented on the lake management proposals. 144

➢ Responsibility for the lake was discussed. 145

➢ This item should be included in the agreement with the HOA. 146

➢ There are current agreements with Hoover Pumping Systems, which may not be 147

assignable. Mr. Urbancic will determine the termination period, and at the next 148

meeting, the Board should be prepared to terminate the contract with Hoover, 149

probably as of October 1, 2019. The HOA will have to solicit their own contracts. 150

151

FIFTH ORDER OF BUSINESS Old Business 152

A. Streetlight Project Discussion 153

This item was tabled until after hurricane season. 154

B. Annual Landscape Contract 155

The current landscaper will be continued on a monthly basis. 156

157

C. Ground Lease Agreement 158

• Mr. Urbancic discussed past conflicts and the Board’s responsibility regarding payment 159

of HOA expenses. 160

➢ It may be difficult to determine what was already spent. 161

➢ It may be approximately $40,000 per year, going back two years. 162

➢ Technically, if the HOA was unjustly enriched, the CDD should have been paid, 163

but from a practical standpoint, the situation should be fixed going forward. 164

➢ Mr. Faircloth and the Board concurred with Mr. Urbancic’s proposal. 165

D. Key Marco CDD/Inframark Contract Discussion 166

This item was postponed. 167

168

E. Guardhouse Painting 169

• Mr. Faircloth presented a proposal Marco Island Painting that was lower than the 170

previously approved proposal from Koala-T Painting. He will see if Koala-T will 171

match the price of Marco Island Painting. 172

173

On MOTION by Supervisor McFarland seconded by Chairperson 174

Schewitz, with all in favor, the District Manager was authorized to 175

negotiate a lower price with Koala-T Painting for painting of the 176

guardhouse, and the District Manager and Supervisor Aitkenhead 177

were authorized to make the final decision based on said 178

negotiations. 179

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July 17, 2019 Key Marco CDD

6 Unapproved Minutes

SIXTH ORDER OF BUSINESS New Business 180

A. Cyclists/Road Safety 181

• A complaint was received that cyclists are veering over two lanes of traffic in the CDD. 182

• The CDD does not have any enforcement rights here, but rules can be established, in 183

which case the CDD will have to go through the rulemaking process. 184

• Mr. Urbancic indicated the rules have to be consistent with State law. 185

• Mr. Faircloth indicated there is no signage for towing. He recommends the Board 186

consider developing a policy on towing for safety reasons, which also requires 187

rulemaking. 188

• Overnight parking may be permitted at the discretion of the CDD as part of a new rule. 189

• There should be no parking on the grass, only on the roadway. 190

• There are liability issues with pedestrians walking on the roadways. 191

• The owners of 1247 Blue Hill Creek Drive requested Mr. Faircloth investigate their 192

property, as the swale does not appear to be draining properly. This is an issue for the 193

engineer or landscaper. The swales may need to be reevaluated. Mr. Faircloth will go 194

to the property to determine whether there is an issue in the right-of-way. More details 195

were provided by the owner. Mr. Faircloth will work with the owner to resolve this 196

issue. 197

• Mr. Urbancic will prepare rules for safety on the roadways to include towing, to be 198

reviewed at the next meeting 199

200

B. District Engineer Draft RFQ 201

• Mr. Faircloth presented a draft RFQ for the Board’s review and approval. 202

• This will have to be advertised. 203

• The Board will rate each potential engineer based on the attached schedule. 204

• Mr. Urbancic requested changes. 205

➢ The contract was replaced with one recommended by Mr. Urbancic. 206

➢ Irrigation should be included after Item C. 207

➢ The Board would like electrical/streetlighting experience. 208

• Various firms will be notified, including Johnson Engineering. 209

210

211

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July 17, 2019 Key Marco CDD

7 Unapproved Minutes

On MOTION by Chairperson Schewitz, seconded by Supervisor 212

McFarland, with all in favor, the District Manager was authorized 213

to proceed with the RFQ for District Engineering Services, as 214

amended. 215

216

C. Securitas Wage Increase Request 217

• Securitas has not hired a replacement for the manager who gave his notice. They are 218

planning to use existing staff. 219

• There was a rate increase in December. 220

• The Board declined the request from Securitas for a wage increase. 221

222

D. Lake Maintenance Discussion 223

i. Aquagenix Communications (4/10/19 & 6/6/19) 224

ii. Lake & Wetland Management Proposals 225

This item was tabled since lake maintenance will be transferred to the Master Association. 226

227

E. Russowatch Communication (6/25/19) 228

• The proposal will be kept on file if the need for replacement arises. 229

230

F. Holiday Lighting Discussion 231

• Mr. Faircloth discussed the history behind the agreement presented in the agenda 232

packet. 233

• The consensus of the Board was not to renew the Holiday Lighting contract with 234

Trimmers Holiday Décor, Inc. 235

• Mr. Faircloth will proceed with terminating the contract without having to make a 236

partial payment. 237

• The attorney indicated the agreement states 2017 and 2018. Therefore, the CDD may 238

not be liable for a payment. 239

240

SEVENTH ORDER OF BUSINESS Attorney’s Report 241

A. Updated Draft Rules of Procedure 242

• They have been scaled back to just being procedural items. 243

• Rules for roads will be presented at the next meeting. 244

The planters were discussed. 245

• The planters should be declared surplus property, and the District should be authorized 246

to dispose of them pursuant to Section 274.06 of the Florida Statutes, declaring the 247

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July 17, 2019 Key Marco CDD

8 Unapproved Minutes

property obsolete or unable to be used, is uneconomical, inefficient or serves no further 248

usable function, and the estimated value is under $5,000. 249

250

On MOTION by Supervisor McFarland, seconded by Chairperson 251

Schewitz, with all in favor, the planters previously moved to the 252

Clubhouse shall be declared as surplus property authorizing the 253

District to dispose of them pursuant to Section 274.06, Florida 254

Statutes, ratifying any prior action of District staff in order to 255

dispose of them under chapter 274. 256

257

EIGHTH ORDER OF BUSINESS Manager’s Report 258

A. Approval of the Minutes of the June 19, 2019 Meeting 259

Mr. Faircloth stated each Board member received a copy of the Minutes of the June 19, 260

2019 Meeting and requested any additions, corrections or deletions. 261

• On Line 259, braking should replace breaking. 262

• On the last page under the signature line, Schewitz should replace McFarland. 263

• Mr. Faircloth discussed the No Outlet sign previously approved to be installed by the 264

Board. There is no issue with proceeding, however, there are issues with Collier 265

County regarding traffic calming devices. This can be included on the engineering 266

RFQ. The No Outlet sign will be installed per the requirements. 267

268

On MOTION by Chairperson Schewitz, seconded by Supervisor 269

McFarland, with all in favor, the Minutes of the June 19, 2019 270

Meeting were approved as amended. 271

272

B. Acceptance of the Financials 273

Mr. Faircloth presented the June 30, 2019 Financial Statements for the Board’s review and 274

approval. The District has collected 100% of its assessments. 275

276

On MOTION by Chairperson Schewitz, seconded by Vice 277

Chairperson Kerins, with all in favor, the June 30, 2019 Financial 278

Statements were accepted. 279

280

C. Fiscal Year 2020 Meeting Schedule 281

Mr. Faircloth noted that additional meeting can be noticed, as they can always be cancelled 282

if not necessary. 283

284

Agenda Page 60

Page 61: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

July 17, 2019 Key Marco CDD

9 Unapproved Minutes

On MOTION by Chairperson Schewitz, seconded by Supervisor 285

Aitkenhead, with all in favor, the Fiscal Year 2020 Meeting 286

Schedule was approved. 287

288

D. Follow-Up Items 289

• Mr. Faircloth met with Crawford Landscaping and made them aware the District is not 290

happy with the way things look. Mr. Faircloth did a drive-through with both the 291

irrigation manager, Tommy Hugo, and account manager, Brian Stork. 292

➢ Trash needs to be picked up by the landscaping company three days per week. 293

• Mr. Faircloth was contacted by the Chamber of Commerce regarding entrance into the 294

community for their Leadership Marco event. There was Board consensus for the 295

Chamber of Commerce to come in as a guest. 296

• The guardhouse is in need of new supplies. The Board approved issuance of a credit 297

card to the District Manager for Board expenses only. 298

➢ Mr. Faircloth will sign the CDD up with Staples in which supplies may be ordered 299

and delivered. 300

• Mr. Faircloth discussed a possible credit from Securitas because they inappropriately 301

called for service from Cypress Access. 302

303

i. Travelers Insurance Communication 6/17/19 304

• Mr. Faircloth requested proposals from Egis and the current provider, which he hopes 305

to have available at the next meeting. 306

307

ii. Document Turnover Update 308

• All communications received regarding emails were requested from the previous 309

management company. 310

• This is not considered a public records request. 311

• Mr. Kevin Kerins noted there are 15,000 emails, some associated with the CDD and 312

others associated with the HOA. Each one would have to be forwarded individually. 313

• Mr. Faircloth does not need these communications at this time. 314

• The Board agreed not to seek emails from the Key Marco Association and just work 315

with them on an as needed basis going forward. 316

• Mr. Faircloth recommended that the Board have CDD emails. 317

Agenda Page 61

Page 62: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

July 17, 2019 Key Marco CDD

10 Unapproved Minutes

NINTH ORDER OF BUSINESS Supervisors’ Requests and Comments 318

There being none, the next item followed. 319

320

TENTH ORDER OF BUSINESS Audience Comments 321

Board members were thanked for all of their work with the community. 322

323

ELEVENTH ORDER OF BUSINESS Adjournment 324

There being no further business, 325

326

On MOTION by Chairperson Schewitz, seconded by Supervisor 327

McFarland, with all in favor, the meeting was adjourned at 328

approximately 11:00 a.m. 329

330

331

332

333

334

________________________________ ________________________________ 335

Justin Faircloth Mary Beth Schewitz 336

Secretary Chairperson 337

Agenda Page 62

Page 63: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

8B.

Agenda Page 63

Page 64: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

Prepared by:

Community Development District

Financial Report

July 31, 2019

Agenda Page 64

Page 65: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO Community Development District

FINANCIAL STATEMENTS Page #

Balance Sheet - All Funds ….…………………………………………………………………………….1

Statement of Revenues, Expenditures and Changes in Fund Balances

General Fund ….…………………………………………………………………………….2 - 4

SUPPORTING SCHEDULES

Non-Ad Valorem Special Assessments Schedule ...……………………………………………………………..5

Bank Reconciliation ..……………………………………………………… 6

Expenditure Report Sorted by Department ..……………………………………………………… 7 - 11

Aged Vendor Payable ….…………………………………………………………………………….12 - 13

Table of Contents

Agenda Page 65

Page 66: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

Community Development District

Financial Statements

(Unaudited)

July 31, 2019

Agenda Page 66

Page 67: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

Community Development District

Balance SheetJuly 31, 2019

Governmental Funds

ACCOUNT DESCRIPTION

GENERAL

FUND

FIXED

ASSETS

FUND TOTAL

ASSETS

Cash - Checking Account 470,837$ -$ 470,837$

Accounts Receivable 228 - 228

Investments:

Money Market Account 451,443 - 451,443

Prepaid Items 416 - 416

Fixed Assets

Land - 1,969,203 1,969,203

Buildings - 143,369 143,369

Accum Depr - Buildings - (115,866) (115,866)

Improvements - 883,297 883,297

Infrastructure - 6,511,876 6,511,876

Accum Depr ‐ Improvements - (693,410) (693,410)

Accum Depr - Infrastructure - (4,408,901) (4,408,901)

Machinery & Equipment - 123,060 123,060

Accum Depr ‐ Mach & Equip - (38,969) (38,969)

TOTAL ASSETS 922,924$ 4,373,659$ 5,296,583$

LIABILITIES

Accounts Payable 24,756$ -$ 24,756$

Accrued Expenses 15,070 - 15,070

TOTAL LIABILITIES 39,826 - 39,826

FUND BALANCES

Nonspendable:

Prepaid Items 416 - 416

Unassigned: 882,682 4,373,659 5,256,341

TOTAL FUND BALANCES 883,098$ 4,373,659$ 5,256,757$

TOTAL LIABILITIES & FUND BALANCES 922,924$ 4,373,659$ 5,296,583$

Page 1

Agenda Page 67

Page 68: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

Community Development District General Fund

ANNUAL

ADOPTED JUL-19 JUL-19 VARIANCE ($) YEAR TO DATE YEAR TO DATE VARIANCE ($)

ACCOUNT DESCRIPTION BUDGET ACTUAL BUDGET FAV(UNFAV) ACTUAL BUDGET FAV(UNFAV)

REVENUES

Interest - Investments 8,000$ 2,340$ 667$ (1,673)$ 15,999$ 6,667$ (9,332)$

Hurricane Irma FEMA Refund - - - - 159,605 - (159,605)

Interest - Tax Collector - 79 - (79) 348 - (348)

Special Assmnts- Tax Collector 629,800 - 5,016 5,016 629,800 629,800 -

Special Assmnts- Discounts (25,192) - (201) (201) (18,894) (25,192) (6,298)

Other Miscellaneous Revenues - - - - 172 - (172)

User Facility Revenue - 175 - (175) 4,022 - (4,022)

TOTAL REVENUES 612,608 2,594 5,482 2,888 791,052 611,275 (179,777)

EXPENDITURES

Administration

P/R-Board of Supervisors 9,600 800 800 - 5,600 8,000 (2,400)

FICA Taxes 734 61 61 - 428 612 (184)

ProfServ-Engineering 5,000 - 417 (417) - 4,167 (4,167)

ProfServ-Legal Services 25,000 5,136 2,083 3,053 28,503 20,833 7,670

ProfServ-Mgmt Consulting Serv 72,000 - 6,000 (6,000) 49,482 60,000 (10,518)

ProfServ-Property Appraiser 9,447 - - - 567 9,447 (8,880)

ProfServ-Special Assessment 1,000 - - - 1,000 1,000 -

ProfServ-Tax Collector 12,596 - 99 (99) 12,273 12,596 (323)

Accounting Services 14,150 2,423 1,179 1,244 14,280 11,792 2,488

Auditing Services 5,000 - - - 4,800 5,000 (200)

Postage 150 13 13 - 137 125 12

Rentals & Leases 300 25 25 - 356 250 106

Insurance - General Liability 29,926 - - - 26,788 29,926 (3,138)

Legal Advertising 4,000 - 333 (333) 1,743 3,333 (1,590)

Miscellaneous Services 750 31 63 (32) 678 625 53

Statement of Revenues, Expenditures and Changes in Fund Balances

For the Period Ending July 31, 2019

Page 2

Agenda Page 68

Page 69: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

Community Development District General Fund

ANNUAL

ADOPTED JUL-19 JUL-19 VARIANCE ($) YEAR TO DATE YEAR TO DATE VARIANCE ($)

ACCOUNT DESCRIPTION BUDGET ACTUAL BUDGET FAV(UNFAV) ACTUAL BUDGET FAV(UNFAV)

Statement of Revenues, Expenditures and Changes in Fund Balances

For the Period Ending July 31, 2019

Transcript Cost 2,400 - 200 (200) 650 2,000 (1,350)

Computer Support 600 50 50 - 560 500 60

Office Supplies 500 734 42 692 849 417 432

Dues, Licenses, Subscriptions 275 - - - 175 275 (100)

Total Administration 193,428 9,273 11,365 (2,092) 148,869 170,898 (22,029)

Maintenance and Landscaping

Contractual Services 140,000 19,872 11,667 8,205 114,062 116,667 (2,605)

R&M-Trees and Trimming 15,000 - 1,250 (1,250) 2,258 12,500 (10,242)

R&M-Pressure Washing - - - - 6,245 - 6,245

Plant Replacement Program 10,000 215 833 (618) 9,181 8,333 848

Exotic Maintenance 13,000 - 1,083 (1,083) 13,737 10,833 2,904

Flower Program 5,000 270 417 (147) 3,000 4,167 (1,167)

Mulch Program 9,000 - 750 (750) 9,484 7,500 1,984

Misc-FEMA Expense - - - - 5,000 - 5,000

Total Maintenance and Landscaping 192,000 20,357 16,000 4,357 162,967 160,000 2,967

Irrigation Services

Contractual Services 6,100 125 508 (383) 1,365 5,083 (3,718)

Utility - Water 15,000 3,832 1,250 2,582 36,793 12,500 24,293

Utilities-Electric 5,000 492 417 75 5,056 4,167 889

Repairs & Maintenance 20,000 475 1,667 (1,192) 29,043 16,667 12,376

Land Lease 31,000 2,553 2,583 (30) 25,530 25,833 (303)

Total Irrigation Services 77,100 7,477 6,425 1,052 97,787 64,250 33,537

Capital Expenditures & Projects

Cap Outlay-Roads 50,000 - - - 5,375 - 5,375

Total Capital Expenditures & Projects 50,000 - - - 5,375 - 5,375

Page 3

Agenda Page 69

Page 70: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCO

Community Development District General Fund

ANNUAL

ADOPTED JUL-19 JUL-19 VARIANCE ($) YEAR TO DATE YEAR TO DATE VARIANCE ($)

ACCOUNT DESCRIPTION BUDGET ACTUAL BUDGET FAV(UNFAV) ACTUAL BUDGET FAV(UNFAV)

Statement of Revenues, Expenditures and Changes in Fund Balances

For the Period Ending July 31, 2019

Lighting

Utilities-Electric 24,000 - 2,000 (2,000) 2,625 20,000 (17,375)

R&M-General 6,000 - 500 (500) 7,419 5,000 2,419

Misc-Holiday Lighting 3,000 - - - 250 3,000 (2,750)

Total Lighting 33,000 - 2,500 (2,500) 10,294 28,000 (17,706)

Access Control

Contractual Services 86,520 6,747 7,210 (463) 70,364 72,100 (1,736)

Utilities-Electric 10,000 557 833 (276) 4,784 8,333 (3,549)

R&M-Gate 3,580 401 298 103 4,247 2,983 1,264

R&M-Gatehouse 5,000 - 417 (417) 5,746 4,167 1,579

Op Supplies - General 250 - 21 (21) 1,821 208 1,613

Total Access Control 105,350 7,705 8,779 (1,074) 86,962 87,791 (829)

TOTAL EXPENDITURES 650,878 44,812 45,069 (257) 512,254 510,939 1,315

Excess (deficiency) of revenues

Over (under) expenditures (38,270) (42,218) (39,587) 2,631 278,798 100,336 (178,462)

OTHER FINANCING SOURCES (USES)

Contribution to (Use of) Fund Balance (38,270) - - - - - -

TOTAL FINANCING SOURCES (USES) (38,270) - - - - - -

Net change in fund balance (38,270)$ (42,218)$ (39,587)$ 2,631$ 278,798$ 100,336$ (178,462)$

FUND BALANCE, BEGINNING (OCT 1, 2018) 604,300 604,300 604,300

FUND BALANCE, ENDING 566,030$ 883,098$ 704,636$

Page 4

Agenda Page 70

Page 71: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

July 31, 2019

KEY MARCO

Community Development District

Supporting Schedules

Agenda Page 71

Page 72: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

KEY MARCOCommunity Development District

FUND

ALLOCATION

Discount / Gross

Date Net Amount (Penalties) Collection Amount General

Received Received Amount Costs Received Fund

Assessments Levied FY '19 629,800$ 629,800$

Allocation % 100% 100%

11/19/18 39,796$ 1,692$ 812$ 42,300$ 42,300$

11/30/18 141,496 6,016 2,888 150,400 150,400

12/10/18 128,231 5,452 2,617 136,300 136,300

12/24/18 159,460 6,486 3,254 169,200 169,200

01/25/19 26,853 799 548 28,200 28,200

02/22/19 13,542 282 276 14,100 14,100

03/19/19 - - 55 - -

04/21/19 4,606 - 94 4,700 4,700

04/21/19 37,263 (423) 760 37,600 37,600

05/20/19 14,233 (423) 290 14,100 14,100

06/18/19 4,744 (141) 97 4,700 4,700

06/18/19 28,465 (846) 581 28,200 28,200

TOTAL 598,688$ 18,894$ 12,273$ 629,800$ 629,800$

% COLLECTED 100% 100%

TOTAL O/S -$ -$

Note:

1) The $55 dollar expense for 03/19 is for a tax roll postage charge.

Key Marco CDD

Non-Ad Valorem Special Assessments - Collier County Tax Collector

(Monthly Collection Distributions)

For the Fiscal Year Ending September 30, 2019

Page 5

Agenda Page 72

Page 73: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Posting Date

Document Type

Document No. Description Amount

Cleared Amount Difference

Outstanding Checks

8/23/2018 Payment 2183 CYPRESS ACCESS SYSTEMS, INC. 177.20 0.00 177.20

6/24/2019 Payment 2416 DAWN AITKENHEAD 184.70 0.00 184.70

7/18/2019 Payment 2431 DAWN AITKENHEAD 184.70 0.00 184.70

7/30/2019 Payment 2433 SECURITAS SECURITY SERVICES USA, IN 6,697.40 0.00 6,697.40

7/30/2019 Payment 2434 CRAWFORD LANDSCAPING LLC 475.00 0.00 475.00

7/30/2019 Payment 2435 ROBERT FLINN RECORDS CENTER 25.00 0.00 25.00

7/30/2019 Payment 2436 CYPRESS ACCESS SYSTEMS, INC. 165.85 0.00 165.85

7/30/2019 Payment 2437 C3 GARDENS, LLC 270.00 0.00 270.00

Total Outstanding Checks...................................................................................................................... 8,179.85 8,179.85

G/L Balance 470,836.52

Bank Account No. 7478

Statement No. 07-19

Statement Date 7/31/2019

Statement Balance 479,016.37G/L Balance (LCY) 470,836.52

Difference 0.00

Ending G/L Balance 470,836.52

Subtotal 470,836.52

Outstanding Deposits 0.00

Negative Adjustments 0.00

Positive Adjustments 0.00

Subtotal 479,016.37

Outstanding Checks 8,179.85

Ending Balance 470,836.52

Differences 0.00

Fifth Third Bank - GF

Bank Reconciliation

Key Marco CDD

Page 6

Agenda Page 73

Page 74: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Posting

Date Account # Document # Vendor Name Description Amount

DEPARTMENT NAME: LEGISLATIVE

Account Name: P/R-Board of Supervisors07/18/19 511001-51101 PAYRO00011 Summary Of July 18, 2019 Payroll Posting 800.00

Account Total: P/R-Board Of Supervisors 800.00

Account Name: FICA Taxes07/18/19 521001-51101 PAYRO00011 Summary Of July 18, 2019 Payroll Posting 61.20

Account Total: Fica Taxes 61.20

Legislative Department Total: 861.20

DEPARTMENT NAME: FINANCIAL AND ADMINISTRATIVE

Account Name: Accounting Services07/22/19 532001-51301 42962 Inframark July Mgmnt Services 2,423.08

Account Total: Accounting Services 2,423.08

Account Name: Postage07/22/19 541010-51301 42962 Inframark July Mgmnt Services 13.00

Account Total: Postage 13.00

Account Name: Rentals & Leases07/01/19 544025-51301 031902 Robert Flinn Records Center Record Storage 25.00

Account Total: Rentals & Leases 25.00

Account Name: Miscellaneous Services07/05/19 549001-51301 FEE Service Charge - Jul '19 - Road Use Fee 4.35

07/31/19 549001-51301 FEE Service Charge - Jul '19 21.36

07/31/19 549001-51301 JE000219 R/C Credit Card Fees Fr 549900 To 549001 - Jul 19 4.90

Account Total: Miscellaneous Services 30.61

Vendor

Vendor

Journal Entry

Journal Entry

Journal Entry

Payroll

Vendor

Key Marco Community Development District

Trans. Type

Payroll

Expenditure Report - General Fund For the Period(s) from Jul 01, 2019 to Jul 31, 2019

(Sorted by Department)

Page 7

Agenda Page 74

Page 75: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Posting

Date Account # Document # Vendor Name Description Amount

Key Marco Community Development District

Trans. Type

Expenditure Report - General Fund For the Period(s) from Jul 01, 2019 to Jul 31, 2019

(Sorted by Department)

Account Name: Computer Support07/31/19 549930-51301 PREPAID Exploritech Web Hosting - Jul '19 50.00

Account Total: Computer Support 50.00

Account Name: Office Supplies07/22/19 551002-51301 42962 Inframark July Mgmnt Services 33.00

07/22/19 551002-51301 42962 Inframark July Mgmnt Services 701.08

Account Total: Office Supplies 734.08

Financial And Administrative Department Total: 3,275.77

DEPARTMENT NAME: LEGAL COUNSEL

Account Name: ProfServ-Legal Services07/22/19 531023-51401 125 Coleman, Yovanovich & Koester, P.A. June Gen Counsel 5,136.25

Account Total: Profserv-Legal Services 5,136.25

Legal Counsel Department Total: 5,136.25

DEPARTMENT NAME: MAINTENANCE AND LANDSCAPING

Account Name: Contractual Services07/01/19 534102-53911 243363 Crawford Landscaping Llc July Landscape Maint 11,734.00

07/31/19 534102-53911 ACCRUALS Accrue Crawford Landscaping Turf - Jul '19 8,138.00

Account Total: Contractual Services 19,872.00

Vendor

Journal Entry

Vendor

Vendor

Vendor

Journal Entry

Page 8

Agenda Page 75

Page 76: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Posting

Date Account # Document # Vendor Name Description Amount

Key Marco Community Development District

Trans. Type

Expenditure Report - General Fund For the Period(s) from Jul 01, 2019 to Jul 31, 2019

(Sorted by Department)

Account Name: Plant Replacement Program07/25/19 546468-53911 243693 Crawford Landscaping Llc Replace Jasmine/Soil 214.50

Account Total: Plant Replacement Program 214.50

Account Name: Flower Program07/05/19 546966-53911 1133 C3 Gardens, Llc 4/29-6/28/19 Flower Support 270.00

Account Total: Flower Program 270.00

Maintenance And Landscaping Department Total: 20,356.50

DEPARTMENT NAME: IRRIGATION SERVICES

Account Name: Contractual Services07/01/19 534102-53915 4055082 Aquagenix July 2019 Aquatic Maint 124.80

Account Total: Contractual Services 124.80

Account Name: Utility - Water07/01/19 543018-53915 062819-9611 ACH City Of Marco Island - Ach 5/27-6/27/19 Service Ach 92.67

07/24/19 543018-53915 072419-0000 Collier County Public Utilities Dept. - Ach 6/19-7/18/19 Wtr Utility Ach 22.41

07/24/19 543018-53915 072419-8100 ACH Collier County Public Utilities Dept. - Ach 6/19-7/18/19 Wtr Utility Ach 2,891.51

07/24/19 543018-53915 072419-7600 ACH Collier County Public Utilities Dept. - Ach 6/19-7/18/19 Wtr Utility Ach 642.98

07/24/19 543018-53915 072419-7300 ACH Collier County Public Utilities Dept. - Ach 6/19-7/18/19 Wtr Utility Ach 182.27

Account Total: Utility - Water 3,831.84

Account Name: Utilities-Electric07/17/19 543041-53915 071719-0000 ACH Lcec - Ach 6/14-7/15/19 Elec Ach 505.70

07/31/19 543041-53915 JE000217 R/C Meter# 98190231 & 12004153 For HOA to A/R (13.34)

Account Total: Utilities-Electric 492.36

Account Name: Repairs & Maintenance07/01/19 546156-53915 242690 Crawford Landscaping Llc Install 12 Station Clock @Clb Hse 475.00

Account Total: Repairs & Maintenance 475.00

Vendor

Journal Entry

Vendor

Vendor

Vendor

Vendor

Vendor

Vendor

Vendor

Vendor

Vendor

Page 9

Agenda Page 76

Page 77: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Posting

Date Account # Document # Vendor Name Description Amount

Key Marco Community Development District

Trans. Type

Expenditure Report - General Fund For the Period(s) from Jul 01, 2019 to Jul 31, 2019

(Sorted by Department)

Account Name: Land Lease07/01/19 546968-53915 6376 Key Marco Community Association July Ground Lease 2,553.00

Account Total: Land Lease 2,553.00

Irrigation Services Department Total: 7,477.00

DEPARTMENT NAME: LIGHTING

Account Name: Utilities-Electric07/17/19 543041-53921 071719-0000 ACH Lcec - Ach 6/14-7/15/19 Elec Ach 113.55

07/31/19 543041-53921 JE000217 R/C Meter# 98190231 & 12004153 For HOA To A/R (113.55)

Account Total: Utilities-Electric 0.00

Lighting Department Total: 0.00

DEPARTMENT NAME: ACCESS CONTROL

Account Name: Contractual Services07/01/19 534102-53952 E4393135 Securitas Security Services Usa, Inc. June Grd Service 6,697.40

07/23/19 534102-53952 0359480 Harp'S No Risk 7/9/1 Pest Control 50.00

Account Total: Contractual Services 6,747.40

Account Name: Utilities-Electric07/04/19 543041-53952 070419-9839 Century Link-Ach 7/4-8/3/19 Service #311469839 350.95

07/31/19 543041-53952 073119-29611 ACH City Of Marco Island - Ach 6/28-7/28/19 Sw Grd Gate Srv Ach 92.67

07/31/19 543041-53952 ACCRUALS Accrue Comcast Ach For Jul '19 113.14

Account Total: Utilities-Electric 556.76

Vendor

Journal Entry

Vendor

Vendor

Vendor

Journal Entry

Vendor

Vendor

Page 10

Agenda Page 77

Page 78: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Posting

Date Account # Document # Vendor Name Description Amount

Key Marco Community Development District

Trans. Type

Expenditure Report - General Fund For the Period(s) from Jul 01, 2019 to Jul 31, 2019

(Sorted by Department)

Account Name: R&M-Gate 07/01/19 546034-53952 9708 Cypress Access Systems, Inc. July Service Contract 290.85

07/31/19 546034-53952 ACCRUALS Accrue Cypress Access Inv# 10068 110.00

Account Total: R&M-Gate 400.85

Access Control Department Total: 7,705.01

TOTAL EXPENDITURES & OTHER FINANCING USES: 44,811.73$

Journal Entry

Vendor

Page 11

Agenda Page 78

Page 79: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Aged Overdue Amounts

No. Name Balance Due Current Up To 30 Days 31 - 60 Days Over 60 Days

V00002 INFRAMARK Phone: 2815784200 Contact: MGT FEES & REIMB

Total Amount Due 3,170.16 3,170.16 0.00 0.00 0.00

100.00% 0.00% 0.00% 0.00%

V00004 COLLIER COUNTY PUBLIC UTILITIES Phone: 239-252-2380 Contact:

Total Amount Due 3,739.17 3,716.76 22.41 0.00 0.00

100.00% 0.00% 0.00% 0.00%

V00008 CRAWFORD LANDSCAPING LLC Phone: 888-581-5151 Contact:

Total Amount Due 11,948.50 11,734.00 214.50 0.00 0.00

100.00% 0.00% 0.00% 0.00%

V00012 CITY OF MARCO ISLAND - ACH Phone: 239-394-3880 Contact:

Total Amount Due 92.67 92.67 0.00 0.00 0.00

100.00% 0.00% 0.00% 0.00%

V00014 HARP'S NO RISK Phone: 239-348-1900 Contact:

Total Amount Due 50.00 0.00 50.00 0.00 0.00

0.00% 100.00% 0.00% 0.00%

V00020 LCEC - ACH Phone: 239-656-2300 Contact:

Total Amount Due 619.25 619.25 0.00 0.00 0.00

100.00% 0.00% 0.00% 0.00%

V00060 COLEMAN, YOVANOVICH & KOESTE Phone: 239-435-3535 Contact:

Total Amount Due 5,136.25 5,136.25 0.00 0.00 0.00

100.00% 0.00% 0.00% 0.00%

V00061 VOID Phone: Contact:

Total Amount Due 0.00 0.00 0.00 0.00 0.00

0.00% 0.00% 0.00% 100.00%

Aged by due date.

(Summary, aged as of July 31, 2019)

Key Marco CDD

Aged Accounts Payable

Page 12

Agenda Page 79

Page 80: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AUGUST 21, … · Marco Island, FL. 34145 August 13, 2019 Board of Supervisors Key Marco Community Development District Dear Board Members,

Aged Overdue Amounts

No. Name Balance Due Current Up To 30 Days 31 - 60 Days Over 60 Days

Report Total Amount Due (USD) 24,756.00 24,469.09 286.91 0.00 0.00

99.77% 0.23% 0.00% 0.00%

(Summary, aged as of July 31, 2019)

Key Marco CDD

Aged Accounts Payable

Page 13

Agenda Page 80