Trout Creek Community Development District

Board of Supervisors’ Meeting
December 1, 2020

District Office: 2806 N. Fifth Street Unit 403
St. Augustine, FL 32084

www.troutcreekcdd.org

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

Rizzetta & Company, Inc., 2806 North Fifth Street, Unit 403, St Augustine, FL 32084.

Board of Supervisors	Andy Smith	Chairman	
	David Roane	Vice Chairman	
	Doug Davis	Secretary Assistant	
	Michael Gruber	Assistant Secretary	
	Frank Murphy	Board Supervisor	
District Manager	Melissa Dobbins	Rizzetta & Company,	
		Inc.	
District Counsel	Jonathan Johnson	Hopping Green & Sams, P.A.	
	Katie Buchanan	Hopping Green & Sams, P.A.	
District Engineer	Brad Davis	Prosser Inc.	

All cellular phones must be placed on mute while in the meeting.

All cellular phones must be placed on mute while in the meeting room.

The first section of the meeting is called Audience Comments, which is the portion of the agenda where individuals may make comments on Agenda Items. The final section of the meeting will provide an additional opportunity for Audience Comments on other matters of concern that were not addressed during the meeting. Individuals are limited to a total of three (3) minutes to make comments during these times.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (904) 436-6270. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing
7-1-1, or 1-800-955-8771 (TTY)
1-800-955-8770 (Voice), who can aid you in contacting the District Office.

A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE  2806 North 5th Street Suite 403 St. Augustine, Fl. 32084  904-436-6270 www.troutcreekcdd.org

Board of Supervisors Trout Creek Community Development District

Dear Board Members:

AGENDA

November 24, 2020

The regular meeting of the Board of Supervisors of the Trout Creek Community Development District will be held on Tuesday, December 1, 2020 at 3:00 p.m. at the Shearwater Amenity Center located at 100 Kayak Way, St. Augustine, FL 32092. The  following is the agenda for this meeting:
CALL TO ORDER/ROLL CALL
AUDIENCE COMMENTS ON AGENDA ITEMS
BUSINESS ADMINISTRATION
Administration of Oath of Office	Tab 1
Consideration of Resolution 2021-07, ReDesignating Officers	Tab 2
Discussion Regarding Process for Consideration of Vacant Board Seat # 3
Consideration of the Minutes of the Board of Supervisors’ Regular Meeting held on November 3, 2020	Tab 3
Consideration of the Minutes of Board of Supervisors’ Landowner Election held November 3, 2020	Tab 4
Consideration of the Audit Committee Minutes of Meeting,
November 3, 2020	Tab 5
Ratification of Operations and Maintenance Expenditures for
October 2020	Tab 6
Construction Activity Report, Period Ending October 31, 2020	Tab 7
Ratification of Capital Improvement, Account Series 2018, CUS 106,  CUS 112 – CUS 114 & CUS 116	Tab 8
Ratification of Capital Improvement, Account Series 2020,
SUP 1	Tab 9
STAFF REPORTS
District Counsel
District Engineer
Construction Administrator
Landscape Maintenance
1.) VerdeGo Landscape Report, November 6&20, 2020	Tab 10
Amenity and Maintenance Reports
1.) Amenity Manager Report, November 2020	Tab 11
2.) Lifestyle Director Report, November 2020	Tab 12
3.) Charles Aquatics Pond Report, October 30, 2020	Tab 13
District Manager
BUSINESS ITEMS
Consideration of Proposals for Civil Site Construction, Phase 3B & 3C
Consideration of First Amendment to C&H Marine Construction of
PH 2 Boardwalk Improvements	Tab 14
Consideration of Kompan Goods and Services Playground Purchase
and Installation Agreement	Tab 15
Consideration of Agreement with Southern Recreation for Phase 2C

and Ph 2D Benches	Tab 16
Consideration of Prestige Landscaping for Pocket Park, Landscape
and Irrigation Installation	Tab 17
Consideration of Shearwater Turtle Sculpture	Tab 18
Consideration of Sunstate Change Order #3	Tab 19
Consideration of Second Amended Disclosure of Public Financing Tab 20
AUDIENCE COMMENTS AND SUPERVISOR REQUESTS
ADJOURNMENT
We look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call us at 904-436-6270.

CALL TO ORDER / ROLL CALL

AUDIENCE COMMENTS ON AGENDA ITEMS

BUSINESS ADMINISTRATION

Tab 1

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISOR
OATH OF OFFICE

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

Signature

ACKNOWLEDGMENT OF OATH BEING TAKEN STATE OF FLORIDA
COUNTY OF ST. JOHNS

The foregoing oath was administered before me by means of ▢ physical presence or ▢
online	notarization	this	 		day	of	 	,	2020,	by
 	, who personally appeared before me, and is personally known to me or has produced 		as identification, and is the person described in and who took the aforementioned oath as a Member of the Board of Supervisors of the Trout Creek Community Development District and acknowledged to and before me that he/she took said oath for the purposes therein expressed.

WITNESS my hand and official seal the date aforesaid.

Notary Public
STATE OF FLORIDA

My commission expires on:	 	

Tab 2

RESOLUTION 2021-07

A RESOLUTION OF THE BOARD OF SUPERVISORS OF TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT DESIGNATING THE OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Trout Creek Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within St. Johns County, Florida; and

WHEREAS, the Board of Supervisors of the District desires to designate the Officers of the District.

NOW, THEREFORE, be it resolved by the Board of Supervisors of Trout Creek Community Development District:

SECTION 1.	 	is appointed Chairman. SECTION 2.	 	is appointed Vice Chairman. SECTION 3.	 	is appointed Assistant Secretary.
 	 is appointed Assistant Secretary.

 	 is appointed Assistant Secretary.

 	 is appointed Assistant Secretary.

 	 is appointed Assistant Secretary.

SECTION 4.	This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 1ST DAY OF DECEMBER, 2020.

ATTEST	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

Discussion Regarding Process for Consideration of Vacant	Board
Seat	#	3

Tab 3

	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT	
	November 3, 2020 Minutes of Meeting	
	Page 1	

1	
MINUTES OF MEETING	
2		
3	Each person who decides to appeal any decision made by the Board with respect to any	
4	matter considered at the meeting is advised that the person may need to ensure that a	
5	verbatim record of the proceedings is made, including the testimony and evidence upon	
6	which such appeal is to be based.	
7		
8	TROUT CREEK	
9	COMMUNITY DEVELOPMENT DISTRICT	
10
The regular meeting of the Board of Supervisors of Trout Creek Community
Development District was held on Tuesday, November 3, 2020 at 3:00 p.m., at the
Offices of Freehold Capital Management, located at 322 Paseo Reyes
Drive, St. Augustine, FL 32095 . Following is the agenda for the
meeting.
16
17	Present and constituting a quorum:
18
Andy Smith	Board Supervisor, Chairman
David Roane	Board Supervisor, Vice Chairman
Doug Davis	Board Supervisor, Assistant Secretary
Henry Green	Board Supervisor, Assistant Secretary
23
24	Also present were:
25
Lesley Gallagher	District Manager, Rizzetta & Company, Inc.
Katie Buchanan	District Counsel, Hopping Green & Sams
(via speakerphone)
Mike McCollum	Developer, Freehold Capital Management
Dylan Read	Lifestyle Director, CCMC
31
32
33	Members of Public present (via speakerphone)
34
35	FIRST ORDER OF BUSINESS	Call to Order
36
37	Ms. Gallagher called the meeting to order at 3:09 p.m.
38			
39			
40	SECOND ORDER OF BUSINESS	Public Comments on Agenda Items	
41			
42	No members of the public present at the time of comments.	
43			
44	THIRD ORDER OF BUSINESS	Administration of Oath of Office	
45
46	This item was tabled as Mr. Gruber was not in attendance.	
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TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
November 3, 2020 Minutes of Meeting
Page 2

49			
50	Mr. Murphy joined the meeting as an audience member.	
51			
52	FOURTH ORDER OF BUSINESS	Consideration of Resolution 2021-04,	
53		Canvassing and Certifying the	
54		Landowners Election	
55			
On a motion by Mr. Roane, seconded by Mr. Smith, with all in favor, the Board of adopted Resolution 2020-04, Canvassing and Certifying the results of the Landowner Election as Michael Gruber receiving 627 votes, resulting in a four (4) year term for Trout Creek Community Development District.	
56
FIFTH ORDER OF BUSINESS	Consideration of Resolution 2021-05,
Declaring Vacancy, Seat 3
59

On a motion by Mr. Smith, seconded by Mr. Green, with all in favor, the Board of Supervisors’ adopted Resolution 2021-05, Declaring a Vacancy in Seat three (3) effective November 17, 2020 for Trout Creek Community Development District.

60
SIXTH ORDER OF BUSINESS	Consideration of the Minutes of the
Board of Supervisors’ Regular
Meeting held on October 6, 2020
64

On a motion by Mr. Green, seconded by Mr. Davis, with all in favor, the Board of Supervisors’ approved Minutes of the Board of Supervisors’ Regular Meeting held on October 6, 2020 for Trout Creek Community Development District.

65
SEVENTH ORDER OF BUSINESS	Ratification of Operation and
Maintenance Expenditures for
September 2020
69

On a motion by Mr. Smith, seconded by Mr. Davis, with all in favor, the Board of Supervisors’ ratified Operation and Maintenance Expenditures for September 2020 in the amount of $134,825.83 for Trout Creek Community Development District.

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TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
November 3, 2020 Minutes of Meeting
Page 3

81
EIGHTH ORDER OF BUSINESS	Ratification of Capital Improvement,
Account Series 2018, CUS 108 – CUS
84	111

On a motion by Mr. Smith, seconded by Mr. Davis, with all in favor, the Board of Supervisors’ ratified Capital Improvement, Account Series 2018, CUS 108 – CUS111 for Trout Creek Community Development District.

NINTH ORDER OF BUSINESS

Consideration of AMTEC Capital Improvement Revenue Bonds, Series 2020 Proposal

TENTH ORDER OF BUSINESS

Consideration of Agreement for Dissemination Agent Services, 2015, 2018 and 2020 Bonds

On a motion by Mr. Smith, seconded by Mr. Davis, with all in favor, the Board of Supervisors’ approved the agreement with Rizzetta & Company for Dissemination Agent Services for Trout Creek Community Development District.

On a motion by Mr. Smith, seconded by Mr. Roane, with all in favor, the Board of Supervisors’ approved the proposal from AMTEC for Arbitrage Services for Capital Improvement Revenue Bonds, Series 2020 for a five (5) year term at $450 yearly for Trout Creek Community Development District.

85
REQUISITION NO.	PAYEE	AMOUNT	
CUS 108	Hopping Green & Sams	$2,645.50	
CUS 109	Prosser, Inc.	$15,278.31	
CUS 110	Sundancer Sign Graphics	$14,665.00	
CUS 111	Sunstate Nursery & Landscaping	$229,126.05	
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97
98	ELEVENTH ORDER OF BUSINESS	Staff Reports
99
100
A.	District Counsel
Ms. Buchanan had no report, but was available for questions.

B.	District Engineer
Not present.

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
November 3, 2020 Minutes of Meeting
Page 4

109
C.	Construction Administrator
Mr. McCollum provided an update for the Board that he is working with Staff
and Counsel on contracts for hardscapes, entry columns, playground
equipment and pier head and dock.

D.	Landscape Maintenance Report
It was noted that VerdeGo has been requested to provide reports for
meetings going forward.

Mr. Smith did have a question regarding previous conversations with
Ms. Flores to attempt to speed up required repairs. Mr. Roane and
Mr. McCollum confirmed they have met with VerdeGo and they are moving
quickly though these and provided positive feedback on their performance.

E.	Amenity and Maintenance Reports
1.)	Amenity Manager Report, October 2020
2.)	Lifestyle Director Report, October 2020
3.)	Charles Aquatics Fountain Report, September 28, 2020
Mr. Read reviewed reports found under Tabs 10, 11 and 12 of the agenda.
The Board discussed the possible extensions of Vesta’s maintenance and
janitorial services while CCMC continues to try to fill this position.

On a motion by Mr. Smith, seconded by Mr. Roane, with all in favor, the Board of Supervisors’ approved motion to extend the current services with Vesta through March 31, 2021 at the current pricing for Trout Creek Community Development District.

F.	District Manager
Ms. Gallagher noted that the next meeting is scheduled for December 1,
2020 and will be held at the Amenity Center.

TWELFTH ORDER OF BUSINESS	Consideration of Resolution 2021-06,
Ratifying Sale of Bonds, Series 2020

Ms. Buchanan reviewed that this Resolution ratifies any actions taken by the Chairman or
District Staff in the issuance of Series 2020 Bonds.

On a motion by Mr. Davis, seconded by Mr. Green, with all in favor, the Board of Supervisors’ adopted Resolution 2021-06, Ratifying Sale of Bonds Series 2020 for Trout Creek Community Development District.

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
November 3, 2020 Minutes of Meeting
Page 5

149			
150	THIRTEENTH ORDER OF BUSINESS	Audience Comments and Supervisor	
151		Request	
152			
153	The meeting was opened for public comments again as Mr. Murphy was not on the line at	
154	the beginning of the meeting.		
155			
156	There were no comments.		
157
158	FOURTEENTH ORDER OF BUSINESS	Adjournment
159

On a motion by Mr. Smith, seconded by Mr. Green, with all in favor, the Board adjourned the Board of Supervisors’ Meeting at 3:30 p.m. for Trout Creek Community Development District.

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TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
November 3, 2020 Minutes of Meeting
Page 6	

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215	Secretary /Assistant Secretary	Chairman / Vice Chairman

Tab 4

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
November 3, 2020 Minutes of Election
Page 1

1	MINUTES OF MEETING
2
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that
the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such
appeal is to be based.
6
TROUT CREEK
COMMUNITY DEVELOPMENT DISTRICT
9
The Landowners Election meeting of the Board of Supervisors of Trout Creek
Community Development District was held on Tuesday, November 3, 2020 at 3:00 p.m.
at the offices of Freehold Capital Management located at 322 Paseo Reyes Drive, St.
Augustine, FL. 32095.
14
15
16
17	FIRST ORDER OF BUSINESS	Call to Order
18
19	Present
20
21	Andy Smith	Designated Proxy Holder
22
23	Also present were:
24
Lesley Gallagher	District Manager, Rizzetta & Company, Inc.
Mike McCollum	Developer, Freehold Communities
Katie Buchanan	District Counsel, Hopping Green & Sams
28
29	Audience Present
30
31	Ms. Gallagher called the meeting to order at 3:00 p.m.
32
Ms. Gallagher stated the purpose of this meeting is to hold the Landowner Meeting for
Trout Creek Community Development District and to hold Landowner Elections for one
(1) Supervisor position on the District Board of Supervisors as prescribed in Chapter
190 Florida Statutes and that this meeting was duly advertised and was announced at a
public meeting as prescribed by Florida Statues.
38
39
SECOND ORDER OF BUSINESS	Election of Chairman for the Purpose
of Conducting the Landowner Election
42
43	Ms. Gallagher was designated as the Chairman for the election.
44
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47

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT	
November 3, 2020 Minutes of Election
Page 2	

49
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51
52
53	
THIRD ORDER OF BUSINESS	Determination of Number of Voting
Units Represented

Ms. Gallagher stated that she received one (1) proxy from WFC Ashford Mills Owner, VII, LLC, naming Andy Smith as the proxy holder representing six hundred and twenty-seven	

54	(627) votes.
55
56	FOURTH ORDER OF BUSINESS
57
58

Nominations of Position of Supervisors

59	Ms. Gallagher asked for a call for nominations. Michael Gruber was nominated.
60
61	FIFTH ORDER OF BUSINESS	Casting of Ballots
62
Ms. Gallagher stated that she received one ballot for candidate Michael Gruber with six
hundred and twenty-seven (627) votes.
65
66
SIXTH ORDER OF BUSINESS	Final Tabulation of Ballots and
Announcement of Candidates
69
Ms. Gallagher stated that the votes were cast aand Michael Gruber received six hundred
and twenty-seven (627) votes.
72
73	As a result of these votes; Michael Gruber received a four (4) year term.
74
75
76
77	SEVENTH ORDER OF BUSINESS	Adjournment
78
Ms. Gallagher stated there was no other business to come before the Landowners and
adjourned the meeting at 3:03 p.m.
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TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
November 3, 2020 Minutes of Election
Page 3

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113	 		 	
114	Secretary/Assistant Secretary	Chairman/Vice Chairman

Tab 5

	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT	
	November 3, 2020 Minutes of Meeting	
	Page 1	

1	
MINUTES OF MEETING	
2		
3	Each person who decides to appeal any decision made by the Board with respect to any	
4	matter considered at the meeting is advised that the person may need to ensure that a	
5	verbatim record of the proceedings is made, including the testimony and evidence upon	
6	which such appeal is to be based.	
7		
TROUT CREEK
COMMUNITY DEVELOPMENT DISTRICT
10
The Audit Committee Meeting of the Trout Creek Community Development
District was held on Tuesday, November 3, 2020 at 3:00 p.m. at the Offices of Freehold
Capital Management, located at 322 Paseo Reyes Drive St. Augustine, FL 32095.
14
15	Present and constituting a quorum:
16
Andy Smith	Board Supervisor, Chairman
David Roane	Board Supervisor, Vice Chairman
Doug Davis	Board Supervisor, Assistant Secretary
Henry Green	Board Supervisor, Assistant Secretary
21
22	Also present were:
23
Lesley Gallagher	District Manager, Rizzetta & Company, Inc.
Katie Buchanan	District Counsel, Hopping Green & Sams
(Via Speakerphone)
Michael McCollum	Representative, Freehold Capital Management
Dylan Read	Lifestyle Director, CCMC
29
30	No Audience Members
31
32	FIRST ORDER OF BUSINESS	Call to Order
33
34	Ms. Gallagher called the meeting to order at 3:05 p.m. and read the roll call.
35
SECOND ORDER OF BUSINESS	Review Instructions  and Criteria for

Proposals
Services
39

for	District	Auditing

Ms. Gallagher reviewed instructions and criteria with and without price for
District auditing services
42
43
44

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
November 3, 2020 Minutes of Meeting
Page 2

46	
THIRD ORDER OF BUSINESS	
Establishing a Date for Second Audit	
47		Committee Meeting	
48			
49	The Board selected the criteria to include price with an even distribution of points	
50	and to allow proposals to be received for a term of five (5) years rather than three (3)	
51	years and also to set the next audit committee date as February 2, 2021 at which	
52	time the proposals will be reviewed		
53

On a motion by Mr. Smith, seconded by Mr. Davis, with all in favor, the Board established the second audit committee meeting date as February 2, 2021 at 3:00 p.m. and selected instructions with price leaving each criteria at 20 (twenty) points each for a five (5) year term for Trout Creek Community Development District.

54
55
56	FOURTH ORDER OF BUSINESS	Adjournment
57
58	Ms. Gallagher closed the Audit Committee meeting at 3:09 p.m.
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TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT	
November 3, 2020 Minutes of Meeting	
Page 3	

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105	Secretary/Assistant Secretary	Chairman/Vice Chairman
106

Tab 6

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE · 2806 N. FIFTH STREET · UNIT 403 · ST. AUGUSTINE, FL 32084

Operation and Maintenance Expenditures Presented For Board Approval
October 2020

Attached please find the check register listing the Operation and Maintenance expenditures paid from October 1, 2020 through October 31, 2020. This does not include expenditures previously approved by the Board.
The total items being presente$114,934.94

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Trout Creek Community Development District
Paid Operation & Maintenance Expenditures
October 1, 2020 Through October 31, 2020

Vendor Name	Check Number  Invoice Number	Invoice Description	 Invoice Amount

Adkins Electric, Inc.	002993	G20859-1	Service Call 07/20	$	600.00	
Adkins Electric, Inc.	002997	G20904	Service Call 09/20	$	1,700.00	
AMTEC Corp.	003030	6419-10-20	Arbitrage Rebate Calculation Series	$	450.00	

AMTEC Corp.	
003030	
6420-10-20	2015
Arbitrage Rebate Calculation Series	
$	900.00	

Arrow Exterminators Inc., dba	
003014	
39712925	2018
Rodent Service 09/20	
$	176.00	
Nader's Pest Raiders
Arrow Exterminators Inc., dba	
003014	
39823608	
Termite Coverage- Kayak Club	
$	112.00	
Nader's Pest Raiders
AT&T Communications System	
002998	
151561791 - 09/20	10/20
Acct # 151561791 - 09/20	
$	16.05	
AT&T Communications System	002999	299942543 09/20	Acct # 299942543 09/20	$	16.05	
AT&T Communications System	003000	904 230-0008 001	Monthly Telephone Service 09/20	$	229.31	
		0564 09/20			
AT&T Communications System	003001	904 230-0054 001	904 230-0054 001 0562 09/20	$	229.31	

Capital Consultants	
003002	0562 09/20
TCD-10012020	
Amenity Management Services	
$	1,570.00	
Management Corporation Centurion Partners Health and	
002994	
FS52897	09/20
Fitness Center Wipes 08/20	
$	640.00	
Fitness LLC dba Fitnessmith Centurion Partners Health and	
003008	
FS53080	
Fitness Center Wipes 09/20	
$	640.00	
Fitness LLC dba Fitnessmith Centurion Partners Health and	
003032	
FS54164	
Fitness Center Wipes 10/20	
$	640.00	
Fitness LLC dba Fitnessmith					

Trout Creek Community Development District
Paid Operation & Maintenance Expenditures
October 1, 2020 Through October 31, 2020

Vendor Name	Check Number  Invoice Number	Invoice Description	 Invoice Amount

Charles Aquatics, Inc.	003003	39754	Monthly Aquatic Management
Services of 7 ponds 09/20	$	548.00	
Charles Aquatics, Inc.	003023	39902	Monthly Aquatic Management	$	1,482.00	

Charles David Roane	
003017	
DR100620	Services of 23 ponds 10/20 Board of Supervisors Meeting	
$	200.00	

Cintas Corp	
003004	
5033096182	10/06/2020
First Aid Safety Supplies 09/20	
$	79.07	
Colden Company, Inc.	003005	13181	Quarterly PBX Hosting Billing 10/20 -	$	940.80	

Colden Company, Inc.	
003005	
13242	12/20
IT Services & Mileage	
$	152.00	

Critter Control Operations, Inc.	
003038	
18145522	Reimbursement - 09/20 Monthly Pest Control - 10/20	
$	110.25	
Douglas M. Davis Jr.	003007	DD100620	Board of Supervisors Meeting	$	200.00	

EZ Event Ride	
003031	
102020	10/06/2020
Haunted Drive-Thru 10/20	
$	1,000.00	
Florida Department of Revenue	003024	65-8017062725-9	Sales and Use Tax 09/20	$	192.99	

FPL	
003009	Sales and Use Tax 02608-66256 09/20	
100 County Road 210 W 09/20	
$	1,223.92	
FPL	003025	16287-15201 09/20	985 Windley Dr. #LS 09/20	$	14.30	
FPL	002995	39473-03305 08/20	25 Ridgewind Dr. #LTG 08/20	$	27.13	
FPL	003025	39473-03305 09/20	25 Ridgewind Dr. #LTG 09/20	$	29.27	

Trout Creek Community Development District
Paid Operation & Maintenance Expenditures
October 1, 2020 Through October 31, 2020

Vendor Name	Check Number  Invoice Number	Invoice Description	 Invoice Amount

FPL	003009	44041-80145 09/20	1626 Shearwater Parkway 09/20	$	27.93	
FPL	003009	FPL Summary 09/20	FPL Summary 09/20	$	5,167.28	
Henry F. Green III	003010	HG100620	Board of Supervisors Meeting	$	200.00	

IPFS Corporation	
003026	
GAA-A60142	10/06/2020
GAA-A60142 Payment 1	
$	3,728.08	
Jacksonville Electric Authority	003012	9634626977 09/20	Water-Sewer Combination Services	$	36,574.85	

Jacksonville Electric Authority	
003034	
9634626977 10/20	09/20
Water-Sewer Combination Services	
$	19,484.80	

Kevin Jenkins dba Saint John	
003018	
001	10/20
Golf Cart Repairs 09/20	
$	1,732.08	
Carts, LLC
M&G Holiday Lighting	
002996	
1929	
Holiday Lighting Deposit 10/20	
$	3,729.35	
M&G Holiday Lighting	002996	1929B	Holiday Lighting Balance 10/20	$	3,729.36	
Massey Services, Inc.	003035	40809498	Pest Control Service 10/20	$	61.75	
Michael T. Gruber	003011	MG100620	Board of Supervisors Meeting	$	200.00	

Mulch Masters, LLC.	
003013	
130417	10/06/2020
Playgroud Mulch 09/20	
$	1,776.00	
Newagetutors LLC DBA	003022	2007	Website ADA Compliance	$	300.00	
VGlobal Tech Peoples Gas System	
003027	
211011457499 10/20	
182 Kyak Way 10/20	
$	24.48	

Trout Creek Community Development District
Paid Operation & Maintenance Expenditures
October 1, 2020 Through October 31, 2020

Vendor Name		Check Number 	Invoice Number		Invoice Description		  Invoice Amount	
Poolsure	003015	131295595520	Monthly Pool Chemicals 10/20	$	2,350.00	
Republic Services of Florida	003037	0687-001093366	Waste Disposal Services - 11/20	$	200.80	
Rizzetta & Company, Inc.	003016	INV0000053340	District Management Fees 10/20	$	4,065.34	
Rizzetta & Company, Inc.	003016	INV0000053596	Assessment Roll Preparation 20/21	$	5,250.00	
Rizzetta Technology Services,	003028	INV0000006391	Email & Website Hosting Services	$	160.00	
LLC			10/20			
Roy W. Green	003033	1162020	Friendsgiving DJ Services 11/20	$	200.00	
Southeastern Paper Group,	003019	5005440	Janitorial Supplies 10/20	$	271.47	
Inc.						
The St. Augustine Record Dept	003036	092320	Acct#15626 Legal Advertising	$	148.09	
1261			09/23/2020			
Vak Pak Inc. Manufacturing	003020	27199	3rd Quarter Inspection 09/20	$	700.00	
VerdeGo LLC	003029	0921	Landscape Maintenance 09/20	$	10,500.14	
Vesta Property Services, Inc.	003021	374706	Additional Maintenace Hours 09/20	$	49.69	
Village Key & Alarm, Inc.	003039	389169	Service Call 10/20	 $		185.00	

Report Total				
 $		
114,934.94	

Tab 7

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
Capital Improvement Revenue Bonds - Series 2018

Construction & COI Account Activity Through October 31, 2020

Inflows:	
Debt Proceeds Underwriter's Discount

Interest Earned Transfer to Revenue	

Total Bond Proceeds:

Total Inflows:	
$

$	
10,188,947.97
242,000.00
10,430,947.97

79,159.10
(175.82)
10,509,931.25	
Outflows: Requisition
Date

7/12/2018
7/12/2018
7/12/2018
7/12/2018
7/12/2018
7/12/2018
11/15/2018
11/15/2018

7/12/2018
7/23/2018
7/23/2018
7/23/2018
7/23/2018
7/23/2018
9/14/2018
9/14/2018
9/14/2018
9/14/2018
9/26/2018
11/13/2018
11/13/2018
11/13/2018
11/29/2018	Requisitions Requisition
Number

COI COI COI COI COI COI COI COI

CR 1
CR 2
CR 3
CR 4
CR 5
CR 5
CR 6
CR 7
CR 8 CR9 CR10 CR11 CR12 CR13 CR14	

Contractor

Underwriter's Discount Rizzetta & Company Hopping Green & Sams Bryant Miller Olive
Nabors, Giblin & Nickerson Image Master LLC
Prosser BNY melon

Ashford Mills Atlantic Companies
Hopping Green & Sams Prosser, Inc.
Stephens Advertising Stephens Advertising Adkins Electric, Inc. Hopping Green & Sams
J. Kelly, LLC. Prosser, Inc. Sundancer
Hopping Green & Sams Vallencourt Construction Vallencourt Construction
Ashford Mills	

Total COI:	

$	

Amount

(242,000.00)
(36,000.00)
(42,500.00)
(40,000.00)
(50,000.00)
(1,750.00)
(5,000.00)
(9,000.00)

(426,250.00)

(2,005,857.98)
(2,115.00)
(4,815.84)
(41,183.89)
(2,834.72)
- (79,700.00)
(1,902.06)
(9,500.00)
(40,324.53)
(46,377.00)
(3,240.99)
(319,487.49)
(474,936.07)
(1,680,014.14)	

Status
As of 10/31/20

Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared

Cleared Cleared Cleared Cleared Cleared Void Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared	

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
Capital Improvement Revenue Bonds - Series 2018

Construction & COI Account Activity Through October 31, 2020

11/29/2018	CR15	Ashford Mills		(1,143,094.46)	Cleared	
12/17/2018	CR16	Ashford Mills		(241,343.37)	Cleared	
12/17/2018	CR17	Hopping Green & Sams		(1,176.15)	Cleared	
12/17/2018	CR18	Prosser, Inc.		(229.00)	Cleared	
12/17/2018	CR19	Vallencourt Construction		(378,915.99)	Cleared	
2/5/2019	CR20	Hopping Green & Sams		(4,191.50)	Cleared	
2/5/2019	CR21	Void		0.00	Void	
2/5/2019	CR22	Stephens Advertising, Inc.		(1,317.63)	Cleared	
2/5/2019	CR23	Sundancer Sign Graphics		(7,198.00)	Cleared	
2/28/2019	CR24	Hopping Green & Sams		(549.00)	Cleared	
2/28/2019	CR25	Vallencourt Construction		(137,414.53)	Cleared	
2/28/2019	CR26	Vallencourt Construction		(420,107.87)	Cleared	
5/7/2019	CR27	Hopping Green & Sams		(3,442.30)	Cleared	
5/7/2019	CR28	Prosser, Inc.		(510.00)	Cleared	
5/7/2019	CR29	Sundancer Sign Graphics		(6,300.00)	Cleared	
5/7/2019	CR30	Vallencourt Construction		(487,888.45)	Cleared	
5/7/2019	CR31	Vallencourt Construction		(70,632.54)	Cleared	
5/7/2019	CR32	Vallencourt Construction		(189,460.77)	Cleared	
5/7/2019	CR33	Vallencourt Construction		(223,237.20)	Cleared	
5/7/2019	CR34	Vallencourt Construction		(55,157.38)	Cleared	
6/11/2019	CR35	Vallencourt Construction		(80,150.77)	Cleared	
6/27/2019	CR36	Prosser, Inc.		(93,708.78)	Cleared	
7/22/2019	CR37	Adkins Electric, Inc.		(18,800.00)	Cleared	
7/22/2019	CR38	Sunstate Nursery & Landscaping Inc		(67,449.60)	Cleared	
7/22/2019	CR39	Vallencourt Construction		(233,873.02)	Cleared	
7/22/2019	CR40	Vallencourt Construction		(334,117.54)	Cleared	
7/22/2019	CR41	Vallencourt Construction		(204,071.10)	Cleared	
7/22/2019	CR42	Vallencourt Construction		(58,571.31)	Cleared	
8/30/2019	CR43	Prosser, Inc.		(11,725.00)	Cleared	
8/30/2019	CR44	Sunstate Nursery & Landscaping Inc		(209,291.40)	Cleared	
8/30/2019	CR45	Sunstate Nursery & Landscaping Inc		(178,658.10)	Cleared	
9/23/2019	CR46	Vallencourt Construction		(82,898.92)	Cleared	
9/23/2019	CR47	Vallencourt Construction		(104,364.37)	Cleared	
9/23/2019	CR48	Vallencourt Construction		(212,274.27)	Cleared	
9/30/2019	CR 49	Adkins Electric, Inc.		(59,750.00)	Cleared	
9/30/2019	CR 50	Hopping Green & Sams		(1,663.00)	Cleared	
9/30/2019	CR 51	PBM Constructors, Inc.		(43,026.65)	Cleared	
			Total Requisitions:	(10,078,849.68)		

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
Capital Improvement Revenue Bonds - Series 2018

Construction & COI Account Activity Through October 31, 2020

Total COI & Requisitions:		(10,505,099.68)	
Total Outflows:		(10,505,099.69)	
Series 2018 Construction Fund Balance at October 31, 2020	$	4,831.56	

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
CUSTODY ACCOUNT - SERIES 2018

Construction Custody Account Activity Through October 31, 2020

Inflows:	Developer Contribution	$ Due from Developer
Transfer from S2015 Custody
Total Inflows: $

Outflows:

Requisition	Requisition
Date	Number	Contractor

09/30/19	CUS 52	O.R. Dicky Smith	$ 09/30/19	CUS 53	Prosser Inc.
09/30/19	CUS 54	Ring Power
09/30/19	CUS 55	Sunstate Nursery & Landscaping Inc 09/30/19	CUS 56	Vallencourt Construction
09/30/19	CUS 57	Vallencourt Construction 09/30/19	CUS 58	Vallencourt Construction 09/30/19	CUS 59	Vallencourt Construction 09/30/19	CUS 60	Vallencourt Construction 11/30/19	CUS 61	Hopping Green & Sams 11/30/19	CUS 62	Prosser Inc.
11/30/19	CUS 63	Sundancer Sign Graphics
11/30/19	CUS 64	Sunstate Nursery & Landscaping Inc 11/30/19	CUS 65	Vallencourt Construction
11/30/19	CUS 66	Vallencourt Construction 11/30/19	CUS 67	Vallencourt Construction
11/30/19	CUS 68	Sunstate Nursery & Landscaping Inc 11/30/19	CUS 69	Vallencourt Construction
11/30/19	CUS 70 Vallencourt Construction 11/30/19	CUS 71 Vallencourt Construction 01/29/20	CUS 72 Prosser Inc.
01/29/20	CUS 73 Stephens Advertising, Inc.
01/29/20	CUS 74	Sunstate Nursery & Landscaping Inc 01/29/20	CUS 75	Vallencourt Construction
01/29/20	CUS 76	Vallencourt Construction 02/17/20	CUS 77	Prosser Inc.
02/17/20	CUS 78	Sunstate Nursery & Landscaping Inc 02/17/20	CUS 79	Vallencourt Construction
02/17/20	CUS 80	Vallencourt Construction 02/17/20	CUS 81	Vallencourt Construction 03/26/20	CUS 82	C&H Marine Construction 03/26/20	CUS 83	Prosser Inc.
03/26/20	CUS 84	Vallencourt Construction 03/26/20	CUS 85	Vallencourt Construction 04/30/20	CUS 86	Hopping Green & Sams 04/30/20	CUS 87	Prosser Inc.
04/30/20	CUS 88	Sunstate Nursery & Landscaping Inc	
8,475,647.55
1,115,197.71
31,074.97
9,621,920.23

Amount

(29,534.00)
(26,878.18)
(151,800.00)
(124,216.45)
(169,501.04)
(264,630.66)
(254,330.66)
(227,517.10)
(67,475.12)
(5,070.00)
(16,157.07)
(37,340.00)
(146,675.87)
(71,463.60)
(124,019.58)
(224,236.39)
(162,993.40)
(88,559.77)
(371,089.05)
(166,568.74)
(3,697.19)
(2,998.77)
(138,825.10)
(181,721.86)
(99,838.17)
(19,675.00)
(87,421.91)
(171,723.52)
(485,700.20)
(229,796.11)
(62,240.00)
(68,458.25)
(536,511.38)
(280,336.16)
(11,526.24)
(15,440.16)
(45,000.00)	

Status
as of 10/31/20

Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared
Cleared	

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
CUSTODY ACCOUNT - SERIES 2018

Construction Custody Account Activity Through October 31, 2020

04/30/20	CUS 89	Vallencourt Construction	(60,354.68)	Cleared	
04/30/20	CUS 90	Vallencourt Construction	(410,408.26)	Cleared	
04/30/20	CUS 91	Vallencourt Construction	(405,239.10)	Cleared	
04/30/20	CUS 92	Vallencourt Construction	(441,637.35)	Cleared	
05/31/20	CUS 93	Prosser Inc.	(9,849.61)	Cleared	
05/31/20	CUS 94	Sundancer Sign Graphics	(18,015.00)	Cleared	
05/31/20	CUS 95	Sunstate Nursery & Landscaping Inc	(178,650.00)	Cleared	
05/31/20	CUS 96	Vallencourt Construction	(330,828.33)	Cleared	
05/31/20	CUS 97	Vallencourt Construction	(400,898.74)	Cleared	
06/24/20	CUS 98	Prosser Inc.	(78,644.38)	Cleared	
06/24/20	CUS 99	Vallencourt Construction	(167,870.72)	Cleared	
06/24/20	CUS 100	Vallencourt Construction	(83,245.52)	Cleared	
06/24/20	CUS 101	Vallencourt Construction	(156,870.11)	Cleared	
07/30/20	CUS 102	C&H Marine Construction	(25,256.00)	Cleared	
07/30/20	CUS 103	Prosser Inc.	(7,389.00)	Cleared	
07/30/20	CUS 104	Sundancer Sign Graphics	(32,550.00)	Cleared	
07/30/20	CUS 105	Sunstate Nursery & Landscaping Inc	(266,334.16)	Cleared	
07/30/20	CUS 106	Vallencourt Construction	(148,520.71)	AP	
08/26/20	CUS 107	Void	0.00	Void	
08/26/20	CUS 108	Hopping Green & Sams	(2,645.50)	Cleared	
08/26/20	CUS 109	Prosser Inc.	(15,278.31)	Cleared	
08/26/20	CUS 110	Sundancer Sign Graphics	(14,665.00)	Cleared	
08/26/20	CUS 111	Sunstate Nursery & Landscaping Inc	(229,126.05)	Cleared	
09/30/20	CUS112	Adkins Electric, Inc.	(77,800.00)	AP	
09/30/20	CUS113	Prosser Inc.	(4,336.07)	AP	
09/30/20	CUS114	Sunstate Nursery & Landscaping Inc	(73,800.00)	AP	
09/30/20	CUS115	Sunstate Nursery & Landscaping Inc	(23,646.07)	AP	
09/30/20	CUS116	Vallencourt Construction	(14,691.43)	AP	

Total Construction Requisitions:	(8,849,516.80)

Total Requisitions:		
(8,849,516.80)	
Retainage:		(772,403.43)	
Total Outflows:		(9,621,920.23)	
Series 2018 Construction Custody Fund Balance at October 31, 2020 $	(0.00)	

Outstanding Contracts, net of retainage:			
Prosser	$	22,725.00	
Vallencourt Construction, Inc.		238,913.98	
Contract Sub Total		261,638.98	

Committed Funds to be Provided by Developer $	
256,807.42	

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
Supplemental Construction Account- Series 2020

Construction & COI Account Activity Through October 31, 2020

Inflows:	
Developer Contribution Due from Developer	
$	
38,916.65
4,324.07	
		
Total Inflows:	
43,240.72	
Outflows:	Requisitions				
Requisition Date	Requisition Number	

Contractor	

Amount	Status
As of 10/31/20	

8/26/2020	SUP 1	Besch & Smith Civil Group	(38,916.65)	Cleared

Total Requisitions:	(38,916.65)

Total Requisitions:		
(38,916.65)	
Retainage:		(4,324.07)	
Total Outflows:		(43,240.72)	
Series 2020 Construction Fund Balance at October 31, 2020 $	(0.00)	

Outstanding Contracts, net of retainage:			
Besch & Smith Civil Group	$	4,259,614.86	
Contract Sub Total		4,259,614.86	

Committed Funds to be Provided by Developer $	
4,259,614.86	

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
Capital Improvement Revenue Bonds - Series 2020

Construction & COI Account Activity Through October 31, 2020

Inflows:	
Debt Proceeds Underwriter's Discount	

Total Bond Proceeds:	
$	
3,677,151.85
83,700.00
3,760,851.85		

Interest Earned Transfer to Revenue	
			Total Inflows: $	3,760,851.85		

Outflows:	
Requisitions						
Requisition Date	Requisition	

Contractor		

Amount	Status
As of 10/31/20	

10/8/2020	
COI	
Underwriter's Discount	
$	
(83,700.00)	
Cleared	
10/8/2020	COI	Rizzetta & Company		(36,000.00)	Cleared	
10/8/2020	COI	Hopping Green & Sams		(42,500.00)	Cleared	
10/8/2020	COI	Bryant Miller Olive		(35,000.00)	Cleared	
10/8/2020	COI	Nabors, Giblin & Nickerson		(40,000.00)	Cleared	
			Total COI:		(237,200.00)		
7/12/2018	CR 1	Ashford Mills			(3,500,000.00)	Cleared	
			Total Requisitions:		(3,500,000.00)		

Total COI & Requisitions:	(3,737,200.00)	
Total Outflows:	(3,737,200.00)	
Series 2020 Construction Fund Balance at October 31, 2020 $	23,651.85	

Tab 8

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

DISTRICT OFFICE · 2806 N. FIFTH STREET · UNIT 403 · ST. AUGUSTINE, FLORIDA 32084

November 6, 2020

RIZZETTA & COMPANY, INC.
Trout Creek, Custody Account Attn: Bill James
2806 N. Fifth Street, Unit 403 St. Augustine, FL 32084

RE:	Custody Account, Series 2018	
	Requisitions for Payment	
Dear Bill:		

Below please find a table detailing the enclosed requisition(s) ready for payment from the Districts Acquisition/Construction Trust Account.

PLEASE EXPEDITE PAYMENT TO THE PAYEE(S) AS FOLLOWS:

All checks should be sent overnight delivery via UPS

REQUISITION NO.	PAYEE	AMOUNT	
CUS 106	Vallencourt	$148,520.71	
CUS 112	Adkins Electric	$77,800.00	
CUS 113	Prosser, Inc.	$4,336.07	
CUS 114	Sunstate Nursery & Landscaping	$73,800.00	
CUS 116	Vallencourt	$14,691.43	

If you have any questions regarding this request, please do not hesitate to call me at (904) 436-6270. Thank you for your prompt attention to this matter.

Sincerely,
TROUT CREEK
COMMUNITY DEVELOPMENT DISTRICT

Melissa Dobbins District Manager

TROUT CREEK CDD
FORM OF REQUISITION FOR SERIES 2018
The  undersigned,  an  Authorized  Otlicer  of Trout Creek  Community  Development  District  (the "District")  hereby submits the following  requisition  for  disbursement  under  and pursuant to the terms of the Master Trust Indenture from the District  to The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee") dated as ofJuly 9, 2018, (the "Master Indenture"), as amended and supplemented by the First Supplemental Indenture from the District to the Trustee, dated as of July 9, 2018
(the Master Indenture as amended and supplemented is hereinafter referred to as the in denture") (all capitaliz.ed tenns used herein shall have the meaning ascribed to such term in the Indenture):

July 23, 2020

Requisition Number: CUS 106

Name of Payee:	Vallencourt Construction Co., Inc.
449 Center Street
Green Cove Springs, FL 32043

Amoµnt Payable: $148,520.71

Pay Application #16 Shearwater 2D

Fund or Account and Subaccount, if any, from which disbursement to be made: SunTrust Custody Account

The undersigned hereby certifies that the obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Series 2018 Acquisition and Construction Account, and the subaccount, if any, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and construction of the 2018 Project and each represents  a Cost of the 2018 Project, and has not previously  been paid or this requisition is for Costs oflssuance payable from the Costs of Issuance Account 1hat has not previously been paid.

The undersigned hereby further certifie.. that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain.

If this requisition is for a disbursement from other than the Costs oflssuance Account or for payment of capitalized interest, there shall be attached a resolution of the Governing Body of the District approving this requisition or approving the specific contract with respect to which disbursements pursuant to this requisition are due and payable.
Attached hereto are copies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

TR.OUT CREEK COMMUNITY
DEVELOPMENT DISTRICT

BY	ifMN

CONSULTING ENGINEER'S APPROVAL FOR NON-COST OF ISSUANCE AND CAPITALIZED
INTEREST REQUESTS ONLY

If this requisition is for a disbursement for other than Capitalized Interest or Costs of Issuance, the undersigned Consulting Engineer hereby certifies that this disbursement is for a Cost of the 2018 Project and is consistent with: (i) the applicable acquisition or construction contract; (ii) the plans and specifications for portion of the 2018 Project with respect to which such disbursement is being made; and, (iii) the report of the Consulting Engineer attached as an Exhibit to the First Supple a ••..,_._.,.,, as such report shall have been amended or modified on the date hereof.

TROUT CREEK CDD
FORM OF REQUISITION FOR 2018 PROJECT

The undersigned, an Authorized Officer  of Trout  Creek  Community  Development District (the "District") hereby  submits the following requisition for disbursement under and pursuant to the terms of the 2018 Project.

September 30, 2020

Requisition Number: CUS 112

Name of Payee: Adkins Electric, Inc.
10477 New Kings Rd
Jacksonville, FL 32219

Amount Payable: $77,800.00

Inv# G2066S-l Sbearwater Phase 2D

Account from which disbursement to be made: SunTrust Custody Account

The undersigned hereby certifies that the obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Custody Account, that each disbursement set forth above was incurred in connection with the acquisition and construction of the 2018 Project and each represents a Cost of the 2018 Project, and has not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right  to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain.

If this requisition is for a disbursement from the Custody account, it is hereby represented by the undersigned 1hat the Governing Body of the District has approved this requisition or has approved the specific contract with respect to which disbursements pursuant to this requisition are due and payable.

Attached hereto are originals or duplicate copies of the invoice(s) from the vendor of the property acquired or  services rendered with respect to which disbursement is hereby requested.

TROUTCREEKCOMMUNI1Y DEVELOPMENT DISTRICT

CONSULTING ENGINEER'S APPROVAL

The undersigned Consulting Engineer hereby certifies that this disbursement is for a Cost of the 2018 Project and is consistent with: (i) the applicable acquisition or construction contract; (ii) the plans and specifications for corresponding 2018 Project Segment and portion of the 2018 Proje1-i with respect to which such disbursement is being made; and, (iii) the report of the Consulting Engineer.

TROUT CREEK CDD
FORM OF REQUISITION FOR SERIES 2018
The  undersigned,  an  Authorized  Officer  of Trout Creek  Community  Development  District  (the "District")  hereby submits the f<;>llowing requisition for  disbursement  under  and pursuant to the terms of the Master Trust Indenture from the District to The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee") dated as of July 9, 2018, (the "Master Indenture"), as amended and supplemented by the First Supplemental Indenture from the District to the Trustee, dated as of July 9, 2018
(the Master Indenture as amended and supplemented is hereinafter referred to as the in denture") (all capitalized terms used herein shall have the meaning ascribed to such term in the Indenture):

September 30, 2020

Requisition Number: CUS 113

Name  of Payee:     Prosser, Inc.
13901 Sutton Park Drive South, Suite 200 Jacksonville, FL 32224

Amount Payable: $4,336.07

Invoice # 44505 for Professional Services

Fund or Account and Subaccount, if any, from which disbursement to be made: SunTrust Custody Account

The undersigned hereby certifies that the obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Series 2018 Acquisition and Construction Account, and the subaccount, if any, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and construction of the 2018 Project and each represents a Cost of the 2018 Project, and has not  previously  been paid or this requisition is for Costs oflssuance payable from the Costs oflssuance Account that has not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain.

If this requisition is for a disbursement from other than the Costs of Issuance Account or for payment of capitalized interest, there shall be attached a resolution of the Governing Body of the District approving this requisition or approving the specific contract with respect to which disbursements pursuant to this requisition are due and payable.
Attached hereto are copies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

TROUT CREEK COMMUNITY

fu		 	

DEVELOPMENT DISTRICT

BY:
C	0lt'VICE"=rmIRMAN -

CONSULTING ENGINEER'S APPROVAL FOR NON-COST OF ISSUANCE AND CAPITALIZED
INTEREST REQUESTS  ONLY

If this requisition is for a disbursement for other than Capitalized Interest or Costs of Issuance, the undersigned Consulting Engineer hereby certifies that this disbursement is for a Cost of the 2018 Project and is consistent with: (i) the applicable acquisition or construction contract; (ii) the plans and specifications for portion of the 2018 Project with respect to which such disbursement is being made; and, (iii) the report of the Consulting Engineer attached as an Exhibit to the First Supplemental Indenture, as such report shall have been amended or modified on the date hereof.

TROUT CREEK CDD
FORM OF. REQUISITION FOR 2018 PROJECT

The undersigned, an Authorized Officer  of Trout  Creek Community  Development  District  (the "District") hereby submits the following requisition for disbursement under and pursuant to the terms of the 2018 Project.

September 30, 2020

Requisition Number: CUS 114

Name of Payee: Sunstate Nursery & Landscaping
9362 Phillips IDghway
Jacksonville, FL 32256

Amount Payable: $73,800

Pay App #4554 Shearwater Phase 2D
Account from which disbursement to be made: SunTrust Custody Account

The undersigned hereby certifies that the obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Custody Account, that each disbursement set forth above was incurred in connection with the acquisition and construction of the 2018 Project and each represents a Cost of the 2018 Project, and has not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien,  right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the dste of such certificate entitled to retain.

If this requisition is for a disbursement from the Custody account, it is hereby represented by the undersigned that the Governing Body of the District has approved this requisition or has approved the specific contract with respect to which disbursements pursuant to this requisition are due and payable.

Attached hereto are originals or duplicate copies of the invoice(s) from the vendor of the property acquired  or services rendered with respect to which disbursement is hereby requested.

TROUT CREEK COMMUNI'IY DEVELOPMENT DISTRICT
BY:	C	..	
CHAraMAN OR VICE-CHA1RMAN

CONSULTING  ENGINEER'S APPROVAL

The widersigned Consulting Engineer hereby certifies that this disbursement is for a Cost of the 2018 Project and is consistent with: (i) the applicable acquisition or construction contract; (ii) the plans and specifications for corresponding 2018 Project Segment and portion of the 2018 Project with respect to which such disbursement is being made; and, ("·	rt of the Consulting Engineer.

TROUT CREEK CDD
FORM OF REQUISITION FOR SERIES 2018

The  undersigned,  an  Authorized  Officer  of Trout Creek  Community  Development  District  (the "District")  hereby submits the following requisition  for  disbursement  under  and pursuant to the terms of the Master Trust Indenture from the District  to The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee") dated as ofJuly 9, 2018, (the "Master Indenture"), as amended and supplemented by the First Supplemental Indenture from the District to the Trustee, dated as of July 9, 2018
(the Master Indenture as amended and supplemented is hereinafter referred to as the in denture") (all capitalized terms used herein shall have the meaning ascribed to such term in the Indenture):

September 30, 2020

Requisition Number: CUS 116

Name of Payee: Vallencourt Construction Co., Inc.
449 Center Street
Green Cove Springs, FL 32043

Amount Payable: $14,691.43

Pay Application #2 Rev Shearwater Outpost

Fund or Account and Suhaccount, if any, from which disbursement to be made: SunTrust Custody Account

The undersigned hereby certifies that the obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Series 2018 Acquisition and Construction Account, and the subaccount, if any, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and construction of the 2018 Project and each represents a Cost of the 2018 Project, and has not previously  been paid or this requisition is for Costs oflssuance payable from the Costs oflssuance Account that has not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain.

If this requisition is for a disbursement from other than the Costs of Issuance Account or for payment of capitalized interest, there shall be attached a resolution of the Governing Body of the District approving this requisition or approving the specific contract with respect to which disbursements pursuant to this requisition are due and payable.
Attached hereto are copies of the invoice(s) from the vendor of the property acquired or services rendered with respe<-i to which disbursement is hereby requested.

e

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT BY:	c:.
CHAIRMAN OR VICE-CHAJRMAN

CONSULTING ENGINEER'S APPROVAL FOR NON-COST OF ISSUANCE AND CAPITALIZED
INTEREST REQUESTS  ONLY

If this requisition is for a disbursement for other than Capitalized Interest or Costs of Issuance, the undersigned Consulting Engineer hereby certifies that this disbursement is for a Cost of the 2018 Project and is consistent with: {i) the applicable acquisition or construction contract; (ii) the plans and specifications for portion of the 2018 Project with respect to which such disbursement is being made; and, (iii) the report of the Consulting Engineer attached as an Exhibit to the First Supplemen Indenture, as such report shall have been amended or modified on the date hereof.

Tab 9

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

DISTRICT OFFICE · 2806 N. FIFTH STREET · UNIT 403 · ST. AUGUSTINE, FLORIDA 32084

September 25, 2020

RIZZETTA & COMPANY, INC.
Trout Creek, Custody Account Attn: Bill James
2806 N. Fifth Street, Unit 403 St. Augustine, FL 32084

RE:	Custody Account, Series 2020	
	Requisitions for Payment	
Dear Bill:		

Below please find a table detailing the enclosed requisition(s) ready for payment from the Districts Acquisition/Construction Trust Account.

PLEASE EXPEDITE PAYMENT TO THE PAYEE(S) AS FOLLOWS:

All checks should be sent overnight delivery via UPS

REQUISITION NO.	PAYEE	AMOUNT	
SUP-1	Besch & Smith	$38,916.65	

If you have any questions regarding this request, please do not hesitate to call me at (904) 436-6270. Thank you for your prompt attention to this matter.

Sincerely,
TROUT CREEK
COMMUNITY DEVELOPMENT DISTRICT

Melissa Dobbins District Manager

DocuSign Envelope ID: AA2D5933-A884-4D24-B0F2-D775BC73EA7B

TROUT CREEK COD
FORM OF REQUISITION FOR SERIES 2020
The undersigned, an Authorized  Officer of Trout Creek  Community  Development  District  (the "District")  hereby submits the following requisition for disbursement under  and pursuant to the terms of the Master Trust Indenture from the District to The Bank  of New York Mellon Trust Company, N.A., as trustee (the "Trustee") dated as of September 2020 (the "Master Indenture"), as amended and supplemented by the First Supplemental Indenture from the District to the Trustee, dated as of September 2020
(the Master Indenture as amended and supplemented is hereinafter referred to as the i n denture")  (all  capitalized  terms used herein shall have the meaning ascribed to such term in the Indenture):

August 26, 2020

Requisition Number: SUP 1

Name of Payee:	Besch and Smith Civil Group, Inc.
345 Cumberland Industrial Ct St. Augustine, FL 32095

Amount Payable: $38,916.65

Pay Application #1

Fund or Account and Subaccount, if any, from which disbursement to be made: SunTrust Custody Account

The undersigned hereby certifies that the obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Series 2020 Acquisition and Construction Account, and the subaccount, if any, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and construction of the 2018 Project and each represents a Cost of the 2020 Project, and has not previously been paid or this requisition is for Costs oflssuance payable from the Costs oflssuance Account that has not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served  upon the  District  notice of any lien,  right  to lien, or attachment upon, or  claim  affecting the  right  to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain.

If this requisition is for a disbursement from other than the Costs of Issuance Account or for payment of capitalized interest,  there  shall be attached a resolution of the Governing Body of the District approving  this  requisition or approving the specific contract  with respect to which disbursements pursuant to this requisition are due and payable.
Attached hereto are copies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

TROUT CREEK COMMUNITY
DEVEI
U11vbw; t	Sw.itl
BY:    	   		 	
CHAIRMAN OR VICE-CHAIRMAN

CONSULTING ENGINEER'S APPROVAL FOR NON-COSTOF ISSUANCE AND CAPITALIZED INTEREST REQUESTS ONLY

If this requisition is for a disbursement for other than Capitalized Interest or Costs of Issuance, the undersigned Consulting Engineer hereby certifies that this disbursement is for a Cost of the 2020 Project and is consistent with: (i) the applicable acquisition or construction contract; (ii) the plans and specifications for portion of the 2020 Project with res ect to which such disbursement is being made; and, (iii)  the report of the Consulting Engineer attached as an Exhibit to the First SupP,    enta	e, as such report shall have been amended or modified on the date hereof.

STAFF REPORTS

District Counsel

District Engineer

Construction Administrator

Landscape Maintenance

Tab 10

VerdeGo
PO Box 789, Bunnell, FL 32110
386-437-3122 - Bunnell
904-797-7474 – St. Augustine

LANDSCAPE STATUS REPORT

REPORT SUMMARY

REPORT DATE	PROPERTY NAME	PREPARED BY	MONTH OF SERVICE	
11/06/2020	Shearwater	Jaime Constancio	October

COMPLETED IN OCTOBER

SERVICES SUMMARY

Full-Service Maintenance (Mowing/Edging/String Trimming/Blowing)
Detail Work (Weeding & Pruning)
Irrigation Inspection/Wet Checks
Turf Fertilization & Pest Control
Palm Pruning
Mulching
clean up services completed per approval
planting approval completed
started turf renovation at woodlands.

ANTICIPATED FOR NEXT MONTH

Full-Service Maintenance (Mowing/Edging/String Trimming/Blowing)
Detail Work (Weeding & Pruning)
Irrigation Inspection/Wet Checks
Turf Fertilization & Pest Control
Palm Pruning
spraying weeds and treating sotty mold on viburnum

TURF

COMMENTS

The turf areas have been treated twice across community and I have started creating a list of turf areas that are not going to grow back and are bare dirty in many areas. This is how the turf was when we took over the property. The turf had not been treated and cinch bugs, fungus and many other things have been destroying the the turf due to lack of agronomic program to treat consistently. We have treated to kill the insects and fertilized and not having any success for these multiple areas.

TREES & SHRUBS

Trees have been lifted in pedestrian areas and where they are interfering and hanging again to low to other shrubs below them. We have lifted many and some need tree work trimming outside of our landscape contract. I am putting together a proposal for tree work in areas that require a plan in order to get these trees back to healthy.

  PLANT BEDS	
We have treated several times with chemicals to get better control of the weeds. The condition in which we recieved the property from
prior landscape company left us with beds full of more weeds than plant materials, in some cases the weeds took over the plants. We hand pulled the large and the weeds between the planters. We sprayed over the top where we could with selective chemicals and have removed those dead weeds. We are now only seeing the growth of those weeds seeds that have been coming back and we been repeating the
processes in order to get control and its working. Some areas where the planting is more open we have achieved more progress. We have also applied pre emergence to all the planters across shearwater which will also help suppress the weed growth with the continued rains and the germination of weeds from seeds. Moving into spring of 2021 we will apply a second application of pre emergence in order to
sustain through the growing season. The plant health is average, some due to lighting constraints from trees and lack of light due to the density of the trees and shrubs around them.

  OTHER	
We have been working on reducing the heights of overgrown viburnum and other species of shrubs that were again let go by the previous landscape company and we have been reducing by half in some cases to a level of 6' along many areas of the property. We do also have many areas where we cannot reach to get control even on a ladder to reduce the height to maintain them. We will need to supply a
proposal with a tree company in order to reduce the height as well as all the debris from this work. One area to note is along Pine Tree Lane near the school where the myrtle shrubs and viburnum had been allowed to grow well over 16' and we cannot do this work its
outside of our contract. I will supply proposals for this work and map the areas needed to bring back into standard scope of work in order for us to maintain.

Page 2

VerdeGo
PO Box 789, Bunnell, FL 32110
386-437-3122 - Bunnell
904-797-7474 – St. Augustine

LANDSCAPE STATUS REPORT

REPORT SUMMARY

REPORT DATE	PROPERTY NAME	PREPARED BY	MONTH OF SERVICE	
11/20/2020	Shearwater	Jaime Constancio	November

COMPLETED IN NOVEMBER

SERVICES SUMMARY

Full-Service Maintenance (Mowing/Edging/String Trimming/Blowing)
Detail Work (Weeding & Pruning)
Irrigation Inspection/Wet Checks
Turf Fertilization & Pest Control
Tree & Shrub Fertilization/IPM
Palm Pruning
Treatment of Fire Ants in Bermuda Fields and beds

ANTICIPATED FOR NEXT MONTH

Full-Service Maintenance (Mowing/Edging/String Trimming/Blowing)
Detail Work (Weeding & Pruning)
Irrigation Inspection/Wet Checks
Turf Fertilization & Pest Control
Palm Pruning
Change out color at Amenity Center Pots

TURF

COMMENTS

The turf areas have been treated twice across the community for feralization, pest control, fungicides and we have done follow up treatments on areas requiring more weed control mostly. The turf areas were in bad condition wen we took over the property and will need replacement unfortunately, I am putting together a map of locations and building the proposal and will have completed over the next two weeks.

TREES & SHRUBS

We have continued to raise trees where permitted and along walkways, parkways and trails. We also have done some palm tree trimming inside the amenity center as well.

PLANT BEDS

We do have some planter beds that will require replacement as well as treatment where the torpedo grass has taken over and needs to be killed off. I am putting together the worst ones and high visibility areas that will need new plantings and mulch.

OTHER

We have been trimming down and reducing the height of bordering Viburnum throughout the property that were also let go by previous company. We are maintaining them to a 6' height and tipping them all to promote new growth as well. We do have a couple of areas that have been let go to long and are now outside of our contract scope and i will provide a quote for these to get cut down so that we can add back to our maintenance scheduled and not let them get out of control.

We have started the installation of the new sod at the woodlands entry and pocket parks and will also be installing the new plantings at the entry to woodlands next Tuesday and mulching this area prior to the holiday weather permitting.

Page 2

Amenity and Maintenance Reports

Tab 11

BOARD OF DIRECTORS 322 PASEO DRIVE
NOVEMBER MANAGEMENT REPORT ADMINISTRATIVE OPERATIONS:
For questions regarding the Administrative/Operations report, please contact Dylan Read, Assistant Manager at Dylan@myshearwater.com or call 904-342-3735.

Staff will continue working on our priority action list, which includes the following items:

Hiring Community Director
Hiring Maintenance & Janitorial Positions
Create Asset Management Plan

VENDOR:
All Bluegill stocked in Stormwater ponds as of 11/10: Shongaloo Fisheries
Repaired Dog Park Gates: Sterling Specialties
Submitted for three new pool speakers covered under warranty: Atlantic Security
Continuing to work with Atlantic Securities to complete repairs to facility hardware – New fiber has been laid and repairs scheduled for 11/30.
Working through street lighting issues continued to be experienced on Shearwater Pkwy: Adkins Electric
Working with VerdeGo to complete ongoing landscape maintenance across the community
VerdeGo scheduled to trim Kayak Club palm trees week of 11/22.
Charles Aquatics to install fish barriers and stock grass carp in Phase 2 ponds by spring 2021.
Continuing to work with Atlantic Securities to complete repairs to facility hardware – New fiber has been laid and repairs scheduled for 11/30.

ACTIVITIES:
The following events were executed this month: First Friday: Friendsgiving, Tuesday Night Chick-fil-A, Camp Shearwater, and the Annual Meeting & Celebration. Please see attached Lifestyle Report for more details.

LANDSCAPE:
See attached report.

STORMWATER PONDS:
See attached report.

MAINTENANCE:
The following items were performed and reported on by onsite maintenance team:

Repaired stenner pump at lap pool.
Replaced chlorine tubing at lap pool.
Cleared clogged injection point at lazy river.
Cleaned basket at family pool - found basket needs to be replaced.
Repaired swings at tot lot.
Repaired broken lily pad at tot lot.
Cleaned columns at entryway of the HUB.
Cleaned Shearwater sign at the HUB.
Cleaned rain chains at HUB entrance.
Rehung down wind screen on tennis court 3.
Trimmed trees at lap pool - it’s important that we address the overgrowth of the palm trees. Not only are they shedding, droppings in the pools will adversely effect the performance of the pool equipment.
Removed hornets nests around Kayak Club.

SHEA

WATE

TM

'.==--- --•- -	- -

..,

SHEA	WATE	TM

Thank you for allowing us to be part of the Shearwater Family!

Dylan Read Assistant Manager
dylan@myshearwater.com

Tab 12

Lifestyle Report

SHEARWATER
A VITAL COMMUNITY
Prepared By: Remy Pugh

October/November Lifestyle Report
Shearwater

Item	Numbers	
# of Rentals
10/18 – 11/18	Club: 1
Pavilion: 0
Conference: 0	
# of Rentals
FYTD	Club: 6
Pavilion: 7
Conference: 4	
HUB Café Sale
10/18 – 11/17	
$1,563.75	
HUB Café Sale
FYTD	
$4,763.79	
Mobile App Users	
Apple: 1,348
Google: 139	
Facebook Group Users	
674	
eNewsletter
recipients	
1,511	
eNewsletter
Open Rate 07/18 – 08/18	

58%	
eNewsletter
Click Rate
07/18 – 08/18	

23%	

Events	Attendees	
Grow Your Groceries: Gardening Seminar	Est. 30	
Howl-O-Ween Dog Costume Contest	Est. 8 Entries	
Food Truck or Treat	Est. 170	
Zombie Survival Kits	Est: 210	
Blood Drive	32 Units Collected	
Nightmare Before
Coffee on the Porch	Est. 60	
Pumpkin Patch Grab n’ Go	Est: 195	
Haunted Drive-Thru	Est: 460	
Friendsgiving First
Friday	Est: 190	
Chick-Fil-A Night	Est: 110	
Coffee on the Porch	Est: 45	
Camp Shearwater	Campers: 70
Attendees: 150	

Lifestyle Events

Grow Your Groceries Gardening Seminar
Another beautiful staple within Shearwater is the community garden. Grow Your Groceries Seminar host, Nathan a.k.a the Man in Overalls, was extremely informational and helped several residents with their rented garden beds. Residents look forward to having Nathan return next quarter to assist with the next grow season.

Lifestyle Events

Halloweek at Shearwater
Halloweek was a great success at Shearwater! With over 300 residents participating throughout the week, I was able to touch every demographic in different ways this Halloween season.
Monday: Howl-O-Ween Dog Costume Contest
Our virtual Halloween event was hosted on our Stream Facebook page. Residents were asked to post a picture of their dog dressed up in their Halloween costume. Two winners were chosen based on the first two with the most votes or 'Likes' on Facebook. Both winners received a dog basket filled with treats and toys for their dogs.
Tuesday: Food Truck or Treat | Zombie Survival Kit Pick Up  A twist on our traditional food truck night, our Food Truck or Treat event consisted off two food trucks and one dessert truck. Residents pre-ordered their dinner, picked up their Zombie Survival Kits,	and went home to enjoy with their families.

Wednesday: Nightmare Before Coffee on the Porch
The return of our traditional Coffee on the Porch event was a great success. Residents enjoyed the opportunity to safely enjoy Halloween themed donuts, fruit, and freshly brewed coffee with their friends and neighbors on the Kayak Club porch.

Thursday: Pumpkin Patch Grab n’ Go | Frightful Front Porch Winners Announced
Residents enjoyed the opportunity to pick out the perfect pumpkin for their family! With 200 pumpkin RSVP’s, this event was very successful. In addition to picking out their pumpkin, residents were able to take a fall photo holding their pumpkin with their families.

Friday: Haunted Drive-Thru
Shearwater’s Haunted Drive-Thru was the perfect ending to a week of Halloween events! With nearly 460 residents participating, this event was a huge success. It was the perfect way to safely scare residents and allow them to get into the Halloween spirit.

Halloweek at a Glance

Lifestyle Events
Friendsgiving First Friday
While this Thanksgiving holiday event differs from the traditional Harvest Festival event we typically host, residents enjoyed the option to safely gather with their friends, family, and neighbors to enjoy an evening of live music by DJ Roy, food trucks, and a dessert truck. Residents had a great time mingling and coming together this season.

In the spirit of giving thanks and giving back, the St. John’s Food Pantry attended the event and collected two large boxes of non-perishable food items donated by Shearwater residents! With each donation, residents were given a raffle ticket to be drawn at the end of the event. Two winners were chosen and received a basket filled with fall goodies.

Lifestyle Events

Camp Shearwater
The burning fire, crisp fall air, and s’more kits added the perfect touch to our community camp out! Campers eagerly constructed their tents in their measured camping spaces and grabbed dinner from Sal’s Cucina and German Street Food. While eating, campers enjoyed the soothing sounds of Peyton Lescher, acoustic guitar player. It was pleasing to see many residents settling in and camping into the following morning.

www.myshearwater.com

#ShearwaterLife #ShearwaterLiving #ShearwaterHappyPlace #ShearwaterRocks

TAB 13

 	6869 Phillips Pkwy. Dr. South  Jacksonville Fl. 32256	
Fax: 904-807-9158	Phone: 904-997-0044

Service Report

Date: October 16, 28, 30, 2020	Biologists: Jim Charles & Shayne	
	Wilford	
Client: Trout Creek CDD		
Waterways: 23 ponds		
Conditions: Partly sunny, 72 F and calm winds.

Entry Pond: Pond was an 8 (good condition). Water level is normal.

Amenity Pond: This pond was an 8 (good). Water level is normal. Checked fish barrier.

Pond 1a: This pond was an 8 (good condition). Water level is normal. Treatment for algae last month was effective.

Pond 1b: This pond was a 7 (good condition). Water level is normal. Treatment of perimeter for torpedo grass and alligator weed last month had good results.

Pond 2a: This pond was an 8 (good condition). Water level is normal. Checked fish barrier.

Pond 2b: This pond was a 7 (good). Pond level is normal. Inspected fish barrier.

Pond 3a: This pond was a 7 (improved condition). Water level is normal. Perimeter treatment last month for torpedo grass and alligator weed had good results.

Pond 6: This pond was a (good condition). Water level is normal. Checked fish barrier. Perimeter treatment last month for torpedo grass and pennywort was effective.

Pond 7a: Pond was a 9 (very good condition). Water level is normal. Missed picture
Pond 7b: Pond was an 8 (good condition). Water level is normal. Treated minor algae.

Pond 7c: Pond was a 7 (improved condition). Water level is normal. Treatment for cattails and algae last month had very good results. Treated for submersive weeds on the 16th.

Pond 8a: Pond was a 6 (fair condition). Water level is normal. Treated for submersive weeds and algae on the 28th.

Pond 9a: Pond was a 7 (good condition). Water level is normal. Treated perimeter for cattails and torpedo grass.

Pond 9c: Pond was in good condition. Water level was normal.

Pond 10a: Pond was a 7 (fair condition). Water level is normal. Treated pond for submersive weeds and algae.

Pond 10c: Pond was a 6 (poor condition). Water level is normal. Treated aggressively for algae.

Pond 10d: Pond was a 7 (fair condition). Water level is normal. Treated pond for algae. Also treated for cattails.

Pond 11a: Pond was in improving condition. Treated for remaining cattails around the perimeter.

Pond 11b: Pond was in good condition. Water level is good.

Pond 11c: Pond was in fair to good condition. Treated cattails along the perimeter.

Pond 12a: Pond was in good condition. Water level is normal.

Pond 14: Pond was in fair condition. Perimeter treatment last month for cattails and torpedo grass had good results. Treated for algae this month.

Pond 14b: Pond was in good condition. Perimeter treatment last month for cattails, torpedo grass and pennywort had good results.

Jim Charles

District Manager

BUSINESS ITEMS

Consideration of Proposals for Civil Site Construction, Phase 3B & 3C

TAB 14

FIRST AMENDMENT TO AGREEMENT BETWEEN THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT AND C&H MARINE CONSTRUCTION,
INC., FOR CONSTRUCTION OF PHASE 2 BOARDWALK [REMAINING IMPROVEMENTS]

THIS FIRST AMENDMENT ("First Amendment") is made and entered into this    day of 	, 2020, by and between:

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government established pursuant to chapter 190, Florida Statutes, located in St. John County, Florida, and whose address is 2806 N. Fifth Street, Suite 403, St. Augustine, Florida 32084 (“District”); and

DOCKWORKS OF NORTH EAST FLORIDA LLC, DBA C&H MARINE
CONSTRUCTION, a Florida limited liability company, whose mailing address is 417 Stowe Avenue, Orange Park, Florida 32073 (“Contractor”).

RECITALS

WHEREAS, the District is a special purpose unit of local government established pursuant to and governed by Chapter 190, Florida Statutes; and

WHEREAS, because the District had a need to retain an independent contractor to provide construction services within and around the District, on or around February 11, 2020, the District and Contractor entered into the Agreement between the Trout Creek Community Development District and C&H Marine Construction, Inc., for Construction of Phase 2 Boardwalk [Remaining Improvements], incorporated by reference herein ("Agreement"); and

WHEREAS, Section 13 of the Agreement provides that the Agreement may be amended by an instrument in writing executed by both the District and the Contractor; and

WHEREAS, the parties desire to amend Exhibit A of the Agreement to include further construction services as described in Exhibit A attached hereto (“Additional Services”) and Section 5 of the Agreement to include compensation for the Additional Services by and through this First Amendment; and

WHEREAS, each of the parties has the authority to execute this First Amendment and to perform its obligations and duties hereunder, and each of the parties has satisfied all conditions precedent to the execution of this First Amendment so that this First Amendment constitutes a legal and binding obligation of each of the parties hereto.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the District and Engineer agree as follows:

SECTION 1. The recitals stated above are true and correct and by this reference are incorporated herein as a material part of this First Amendment.

SECTION 2. Exhibit A of the Agreement is hereby amended to include the Additional Services identified in Exhibit A attached hereto.

SECTION 3. Section 5 of the Agreement is hereby amended as follows to include compensation for the Additional Services referenced above:

As compensation for the Additional Services described in this First Amendment, the District agrees to pay the Contractor an additional Eighty-Nine Thousand Two Hundred Dollars ($89,200.00) to the total amount.

SECTION 4. Except as specifically amended above, the Agreement shall remain in full force and effect, unaltered by this First Amendment.

IN WITNESS WHEREOF, the parties execute this First Amendment the day and year first written above.

Witness	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

Signature of Witness	Chairperson, Board of Supervisors

Print Name

Witness	DOCKWORKS OF NORTH EAST FLORIDA LLC, DBA C&H MARINE CONSTRUCTION

By: 	
Signature Of Witness		Print:	 Its: 	

Exhibit A:	Additional Services

Exhibit A:
Additional Services

uu aanu Quann, Si nce , u, a

C & 1-1 Marine Construct ion, In c.
417 Stowe Avenue ll nit B Orange Par k, Florida 32073 (904) 264-7500
www.candhmarine.com
FL. Lie. # CGC-058491& CGC-15216 16

KAYAK LAUNCH/FISHING PIER

10/27/2020

Trout Creek COD		Job Location	
2806 North 5th Street Ste 403	904-449-2883	Shearwater	
St. Augustine , FL 32084	904-513-8115	cdr@freeholdcommunitie.scom	

We hereby propose to furnish the material and labor necessary for the completion of a Fishing Pier and Kayak Launch per the following and our discussion.

The Fishing Pier will be 20ft wide by 24ft long per ELM plans

All support piles will be 10" diameter and will be treated to the allowable limits based on its location, for tidal water treatment is 2.5# C.C.A. retention lumber is treated to
.60# C.C.A. and the decking is treated appropriately. Decking is #1 prime "bullnose" style screwed in place with #10 3" stainless steel screws. All hardware is hot-dipped galvanized, or equal. Stringers will be 2" x 8" spaced appropriately for the decking and the potential load of the structure.
$ 17,200.00

Roof element on Fishing Pier; standing seam style like what is already in place in Shearwater, with painted T-1-11 exposed underneath. with a Peterson 1" Edge Lock panel system.
$ 25,400.00

Heavy Duty Commercial Quality Aluminum Double Launch System:
*Up-gradedfrom the medium duty kayak launch system we originally proposed,
to a heavy duty aluminum double kayak launch system designed with ADA accessibility.

Please reference provided drawing...

A.)	Wear Deck "' decking in the Barefoot colors
B.)	(1) main frame (8' " 33' )
C.)	(2) dock fingers (7' x 13'3")
D.) (1 ) middle dock finger width up-grade to 9' 1" x 13' 3" in order to provide the
ADA transfer bench and required turning radius
E.) (2) Launch ramps (4'4" x 15') with built in rollers & Sure-Step® non-skid decking F.) (1) ADA transfer platform and railing upgrade
G.) (1) Boarding handle for the non ADA launch
H.) (2) Grab and launch rails for both ADA and non ADA launch
I.) 22' ADA Base Curb J.) Float Frame
K.) (2) Spud Anchor Mounts for 3" Galvanized Steel Pip e

** Price includes all labor, freight charges, and applicable sales tax.

$  46,600 .00

5). 4ft by TBD Aluminum Gangway with handrails both sides	$240.00 /L.F.

8Ulldln11 QlfDIJIV tU nce 1U'18

C & H Marine Construction, Inc. 417 Stowe Avenue Un it B Orange Park, Florida 32073 (904) 264-7500
www.candhmarine.com
FL. Lie. II CGC-058491 & CGC-1521616

 	KAYAK LAl:JNCH/FISHING PIER	
Trout Creek COD

All material is guaranteed to be as spe cified, and the above work is to be completed in accordance with the drawings and specifications submi tted. Work will be completed in a substantial workmanlike manner for the sum of

Total with double kayak launch system	$89,200.00

- rota/ does not reflect the cost of Gangway (TBD)

We will confine our work to as small an area as possible, however we cannot be responsible for damage to grass, drives, sprinklers, septic systems etc.. however we will do our best to avoid any such damage.

Payments to be made as follows: ---40% at time of first material delivery and work begins. 40% due when 50% complete. Balance due upon completion.

All workmanship is covered by our one year warranty and all of the materials used are warranted by their respective manufacturer. Our goal at C & H Marine Construction is to provide you with a superior product that will provide many years of trouble free enjoyment.

Respectfully submitted,
Sot .?

Acceptance of Proposal

The above prices, specifications, terms and conditions are satisfactory  to me and and C & H Marine Construction is hereby authorized to do the work as specified above. I/we further agree that payments will be made as outlined above.

signed 	

date_ /_ /_ _ _

*Due to COVID-19, and the rising cost of lumber, this proposal may be
withdrawn if not accepted within 30 days of date shown below

**In some rare instances there may be concealed or unknown conditions that were not contemplated in this proposal. We will immedia tely notify you of any special conditions that will adversely affect our ability to perform the scope of this proposal . Such  conditions may require a price adjustment or cancellation of this agreement in our sole judgment.

***Please note that the actual length can vary from the proposal due to many factors including
the water depth, customer requirements, etc. We attempt to come as close as possible, but
in those rare instances where changes are needed we will bill based on the actual length.

RUHdlnD Onalltv !111"9CO "11970

C & H Marine Construction, Inc.
417 Stowe Avenue, Orange Park, Aorida 32073

(904) 264-7500
www.candhmarine.com

October 27, 2020

Trout Creek COD
2806 North 5th Street Ste 403 St. Augustine , FL 32084

This proposal and all work indicated by this proposal are covered under C & H Marine Construction, Inc. workers compensation insurance and product liability Insurance .

When you authorize work done by an independent contractor you, the customer, can under some conditions  be held responsible and liable for accidents  or damages  resulting from the performance  of the job authorized if the contractor is not properly insured. C & H Marine Construction, Inc. maintains up­ to-date coverage including Workers Compensation, Liability  Insurance,  USL&H, and  Jones  Act coverage for your protection.

Appropriate insurance certificates will be furnished upon request.

MARINE GENERAL LIABILITY - RLI Insurance Company (Policy# MRP0200091) WORKERS COMPENSAT/ON INCLUDING USL & H • American Interstate Ins.
(Policy# AVWCFL2843392020)
FEDERAL E.I.N. # 84-3282896

Sincerely,
e&	- 'lwe.

DOCKS	BOATHOUSES	BULKHEADS

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6 '- 11"±	,    n.. 	SPUD  ANCHOR  MOUNT
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+	T YP. (1,)
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TAB 15

SERVICES AND GOODS ORDER AGREEMENT [PLAYGROUND PURCHASE & INSTALLATION]

Owner:	TROUT CREEK COMMUNITY	Seller:	KOMPAN, INC.	
  DEVELOPMENT DISTRICT		 		
Address:	2806 North Fifth Street, Unit 403	Address:	605 West Howard Lane, Suite 101	
  St. Augustine, Florida 32084			  Austin, Texas 78753		
Phone:	 				Phone:	 			
Fax:	 				Fax:	 			
“Owner”			“Seller”	
Project Name:		  Shearwater Kayak Launch		Contract Date:	  09/01/2020		
Project Address:	  Shearwater Outpost		And / Or		
	  2105 Shearwater Parkway		Contract #:	  Proposal No. SP74499		
	  St. Augustine, Florida 32092				

“Project”
DESCRIPTION OF GOODS OR SERVICES - Purchase and installation of playground equipment. See Exhibit A, Sales Proposal dated September 1, 2020.

	DRAWINGS ATTACHED	YES	NO	N/A	IF YES, DATED	
	SPECIFICATIONS ATTACHED	 YES	NO	N/A	IF YES, DATED	September 1, 2020	
	SITE RULES ATTACHED	YES	NO	N/A	IF YES, TITLED AS	
	SCHEDULE	DELIVERY DUE BY:  		
TERM (check one of the following):
Single Purchase and Installation of Goods Delivery Date: The Delivery Date shall be as determined by Owner in its sole
	discretion and transmitted to Seller in writing.	
 	Single Project	Commencement Date:  		
	Estimated End Date:  		
PRICE (check one of the following):		
Fixed Price	Price: $38,107.50	
 	 Time and Materials	Not to Exceed Price: $	
 	 Time and Materials (Quote Attached)	Not To Exceed Price: $	

Commercial General Liability Insurance each occurrence combined single limit: $1,000,000

IN WITNESS HEREOF, the parties have executed this Services and Goods Order Agreement (“Order”) effective as of the date executed below. By executing this document below, Seller acknowledges that it has read all of the terms and provisions of this Order and agrees to perform the services or deliver the goods as described herein and will comply fully with the terms and conditions hereof.

TROUT CREEK COMMUNITY	KOMPAN, INC. DEVELOPMENT DISTRICT
Owner	Seller

By:	By:
 	
  Name:		 Name:	
  Title:		 Title:	
   Date Executed:		 Date Executed:	

TERMS AND CONDITIONS

DEFINITIONS

As used throughout this Order, the following definitions apply unless otherwise specifically stated:
"Goods" means those part numbers, model numbers and/or descriptions set forth in Exhibit A.
"Indemnified Parties" means (i) Owner, its Board of Supervisors, agents, officers, and employees, the Engineer, District Manager, and such other parties as Owner may reasonably request. Any one of the foregoing is an "Indemnified Party."
"Services" means any effort specifically required by this Order such as design, engineering, maintenance, repair, construction, installation, or consulting or professional services.
“Project” means the delivery and installation of the Goods.

GENERAL PROVISIONS

PRICE. The Price set forth above includes all applicable taxes, recognizing the tax exempt status of the District, and all tools, equipment, supplies, insurance and other materials or services (including without limitation all packing, loading or freight) necessary to deliver and install the Goods.

TERMS OF PAYMENT. Seller’s Invoice ("Invoice") must be submitted before payment will be made by Owner pursuant to this Order. Any indebtedness of Seller to Owner may, at Owner’s option, be credited against amounts owing by Owner hereunder.
PAYMENT OF FIXED PRICE CONTRACTS. Seller shall submit its Invoice following acceptance of the Goods or completion of the Services. Seller's Invoice will be paid by Owner not later than forty-five (45) days following receipt to Owner.
PAYMENT OF TIME AND MATERIALS CONTRACTS. Seller may submit an Invoice to Owner monthly, but not more frequently. The period covered by each Invoice shall be one (1) month, unless otherwise agreed in writing by the parties. Each Invoice will be paid by Owner not later than forty-five (45) days following receipt to Owner. Owner may retain a portion of the payment due to Seller in accordance with applicable law.

SCHEDULE. Seller shall perform the Services and/or deliver the Goods per the schedule (“Schedule”) and/or term (“Term”) shown on Page 1 of this Order, or, if applicable, by 	. Time is of the essence with respect to this Order, and Seller shall not deviate from the Schedule without Owner’s prior written consent. Owner may cancel this Order or any part thereof or reject delivery of Goods or the performance of Services if such delivery or performance is not in material accordance with the specifications of this Order, including the Schedule. Seller shall indemnify Owner for all loss and damage of whatever nature caused by such delay or failure, excepting only delays for causes beyond Seller’s reasonable control.

TERMS APPLICABLE TO THE PURCHASE OF GOODS.
DELIVERY. On all deliveries of Goods, freight shall be prepaid by Seller, which amount is included in the lump sum not to exceed price, and risk of loss shall pass at the time such Goods are installed at the Project and the Project is substantially complete and accepted by Owner. The Delivery Date shall be the date provided by Owner to Seller in writing, recognizing that the Delivery Date is largely contingent upon the construction schedule of the amenity facility.
WARRANTY. In addition to the specific warranties provided in the attached Exhibit A and any additional manufacturer warranties, Seller warrants that the title to Goods conveyed shall be good and that the transfer of the Goods shall be rightful. The Goods shall be free from any security interest or lien, and the Goods shall conform to the description herein stated and any specifications provided by Owner. The Goods shall be of merchantable quality and shall be fit for the use intended, including meeting the 2010 ADA specifications/design standards. Seller agrees, without prejudice to any other rights Owner may have, to replace or otherwise remedy any defective Goods without further cost to Owner or, at Owner’s option, to reimburse Owner for its cost of replacing defective Goods. All Goods are subject to inspection by Owner before, upon, and within a reasonable time after delivery. Goods shall not be replaced without Owner’s prior written instructions. Any acceptance by Owner shall not prevent Owner from later rejecting non-conforming Goods. The warranty provided herein shall survive the completion or termination of this Order and is in addition to any warranties provided by law.

TERMS APPLICABLE TO THE PERFORMANCE OF SERVICES.
STANDARDS FOR PERFORMANCE. Seller agrees to perform the Services to the satisfaction of Owner, in a first-class and workmanlike manner, and using the highest level of professional skill, care and diligence. Seller shall perform the Services in conformity with accepted standards of construction and safety, Owner’s specifications and drawings, and the rules and regulations for the Project ("Building Rules and Regulations") as may be promulgated by Owner from time to time. Installation shall conform to industry best practices, including but not limited to, securing all Goods delivered to the floor to a solid, level surface to stabilize and

eliminate rocking or tipping over unless otherwise directed by the Owner. Installation must be performed by a licensed contractor. Further, the equipment must be installed in a manner that complies with all applicable laws, including the 2010 ADA Standards for Accessible Design.
WARRANTY. Sellers warranty as it relates to its performance of services shall be for a period of one year from project completion and acceptance by Owner, except as otherwise provided herein.

COMPLIANCE WITH LAW. Seller agrees that at all times it will comply with all applicable federal, state, municipal and local laws, orders and regulations.

INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER (ON BEHALF OF ITSELF AND ANY SUBCONTRACTORS) AGREES TO FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND INCLUDING COURT COSTS AND ATTORNEYS' FEES FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, FOR LOSS OF BUSINESS, FOR CONSEQUENTIAL DAMAGES AND ALL OTHER DAMAGES (COLLECTIVELY, "DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THIS ORDER (EXPRESSLY EXCLUDING, HOWEVER, DAMAGES CAUSED BY OWNER’S OWN NEGLIGENCE). THE PROVISIONS OF THIS SECTION 7 SHALL SURVIVE THE COMPLETION OR EARLIER TERMINATION OF THIS ORDER.

INSURANCE. At all times during the term of this Order agreement, Seller, at its sole cost and expense, shall maintain insurance coverages of the types and amounts set forth below:
Commercial general liability insurance with minimum limits of liability not less than the amount shown on Page 1 of this Order. Such insurance shall include coverage for contractual liability, and products and completed operations.
Workers’ Compensation Insurance covering all employees of Seller in statutory amounts, and employer's liability insurance with limits of not less than $100,000 each accident.
Comprehensive automobile liability insurance covering all automobiles used by Seller, with limits of liability of not less than $1,000,000 each occurrence combined single limit bodily injury and property damage.
For consulting and advisory services, Professional Liability Insurance with limits of $1,000,000 each claim. The policies required in subparagraphs (a) and (c) above shall name Owner, its Board of Supervisors, agents, officers, and employees, the Engineer, District Manager, and such other parties as Owner may reasonably request as additional insured. Upon execution of this Order and 15 days prior to the renewal of any of the required insurance, Seller shall furnish Owner with certificates of insurance evidencing that all insurance required hereunder is in full force and effect, if requested by Owner. All required insurance shall provide 30 days advance written notice to Owner of any cancellation or reduction in coverage.

DEFAULT. Upon any material default by Seller hereunder, Owner may, in addition to any other remedies available to Owner at law or in equity, cancel this Order without penalty or liability by written notice to Seller. Seller shall be liable to Owner for all expenses incurred by Owner in finishing any portion of the Services not completed due to such termination. Seller's obligations under this Section 9 shall survive any termination of this Order.

LIMITATION OF LIABILITY. Nothing herein shall be construed to be a waiver of the Owner’s limit of liability contained in Section 768.28, Florida Statutes.

WAIVER. Any failure of Owner to enforce at any time, or for any period of time, any of the provisions of this Order shall not constitute a waiver of such provisions or a waiver of Owner’s right to enforce each and every provision.

MODIFICATIONS. This Order supersedes all prior discussions, agreements and understandings between the parties and constitutes the entire agreement between the parties with respect to the transaction herein contemplated. Changes, modifications, waivers, additions or amendments to the terms and conditions of this Order shall be binding on Owner only if such changes, modifications, waivers, additions or amendments are in writing and signed by a duly authorized representative of Owner. If such changes result in a decrease or increase in Seller’s cost or in performance time, an adjustment to the Price and Schedule must be made and agreed upon in writing by both Owner and Seller.

ATTACHMENTS. Any document referenced on Page 1 of this Order and attached as Exhibit A hereto shall be for the sole purpose of providing a description of the Goods and/or Services. Any quote attached as Exhibit A hereto shall be for the purpose of indicating the maximum price of the Goods, delivery and installation totals.

APPLICABLE LAW. The validity, interpretation, and performance of this Order shall be governed by the laws of the State of Florida, in force at the date of this Order. Where not modified by the terms herein, the provisions of Florida’s enactment of Article 2 of the Uniform Commercial Code shall apply to this transaction.

MECHANIC'S LIENS. Notwithstanding that Owner is a local unit of special purpose government and not subject to the lien

provisions of Chapter 713, Florida Statutes, Seller agrees to keep the Project free of all liens, including equitable liens, claims or encumbrances (collectively, "Liens") arising out of the performance of any Services or delivery of any Goods by Seller, and shall furnish Owner with appropriate lien waivers from all potential claimants upon request of Owner. If any Liens are filed, Owner may without waiving its rights based on such breach by Seller or releasing Seller from any obligations hereunder, pay or satisfy the same and in such event the sums so paid by Owner shall be due and payable by Seller immediately and without notice or demand, with interest from the date paid by Owner through the date paid by Seller, at the highest rate permitted by law. Seller shall indemnify and hold Owner harmless for all expenses incurred by Owner as a result of the failure of Seller to fulfill its obligations under this Section 15.

PERMITS. Before commencing performance hereunder, Seller shall obtain all permits, approvals, certificates and licenses necessary for the proper performance of this Order and pay all fees and charges therefore. The originals of all such documents shall be delivered to Owner upon receipt by Seller.

PARTIAL INVALIDITY. If in any instance any provision of this Order shall be determined to be invalid or unenforceable under any applicable law, such provision shall not apply in such instance, but the remaining provisions shall be given effect in accordance with their terms.

ASSIGNMENT AND SUBCONTRACTING. This Order shall not be assigned or transferred by Seller without prior written approval by Owner, and any attempted assignment or transfer without such consent shall be void. Seller shall not subcontract this Order without the prior written consent of Owner. Owner may assign this Order to any transferee of the Project, and upon such transferee’s assumption of the obligations of Owner hereunder, Owner shall thereafter be released from any obligations accruing pursuant to this Order.

RELATIONSHIP. The relationship between Owner and Seller shall be that of independent contractor, and Seller, its agents and employees, shall under no circumstances be deemed employees, agents or representatives of Owner. Seller agrees that Owner shall not be responsible for job-site safety.

NOTICES. Any notice, approval or other communication required hereunder must be in writing and shall be deemed given if delivered by hand or mailed by registered mail or certified mail addressed to the parties hereto as indicated on Page 1.

TERMINATION OPTION. Notwithstanding anything herein to the contrary, Owner shall have the right, at its sole election, to terminate this Order for any cause whatsoever upon the delivery of written notice to Seller.

RELEASE OF INFORMATION. Seller acknowledges that this Agreement and all the documents pertaining thereto are public records and subject to the provisions of Chapter 119, Florida Statutes.

EXHIBIT A

SALES PROPOSAL

KOMPAN, INC.• 605 W Howard Lane Ste 101, Austin, TX 78753 • Tel 1-800-426-9788 • Fax 1-866-943-6254• www.kompan.com

Site Location:

730107

Trout Creek CD□ David Roane
2105 Shearwater Parkway Saint Augustine, FL 32092 United States

Shearwater Outpost

Date 09/01/20
Expiration Date
Proposal No. SP74499
Project Shearwater Kayak Launch
Ship to State/Zip FL 32092
Customer Service Representative Erik Poulsen
Sales Representative  Stacy Moseley
Payment Tenms   DEP50%&N30

Invoice-to:
Trout Creek COD
2806 North Fifth Street. Uni1 403 St. Augustine, Florida 32084 United States
Mike McCollum

161251

Ship-to:
Shearwater Outpost
2105 Shearwater Parkway Saint Augustine, FL 32092 United States
David Roane

Qty. Item No.	Description	Unit Price	Retail Price	Disc.%	Net Price	

NRO924-CUSTOM	
NRO924 CUSTOM VARIANT 200800110	
5,680.00	
5,680.00	
18.00	
4,657.60	
	(2) Bay Robinia Swing, (2) Belt Seats,					
	(2) Infant Seats, Brown Posts, IG					
NRO881-1011	DBL CABLEWAY ROBINIA SLOPED,IG	16,660.00	16,660.00	18.00	13,661.20	
Ml026	CABLE WAY PULLER	610.00	610.00	100 00		
PCM110103-CUSTO	PCM110103 CUSTOM VARIANT 20080111	4,740.00	4,740.00	18.00	3,886.80	
	Embankme nt Slide, Green/Brown, IG					
FRT-KOMPAN INC	Freight from KOMPAN Inc	3,376.57	3,376.57		3,376.57	
ROBSERV	Robinia Service Program					
CUSTOMINSTALL	Install of KOMPAN Equipment	12,525.33	12,525.33		12,525.33	

Total	38 107.50

Comments:
Please read attached General Assumptions and Exclusion document for information on install/sitework. Please allow 8-10 weeks for product delivery upon order placement.
This quote is for equipment and installation on ly. No site work or surfacing included.

Summary:	
Retail Price	
Discount	
Net Price	
Subtotal - KOMPAN Products	27,690.00	5,484.40	22,205.60	
Subtotal - Other Products	000	000	0 00	
Subtotal - Surfacing	0.00	0.00	0.00	
Subtotal - Installation & Other Services	12,525.33	000	12,525.33	
Subtotal - Freight	3,376.57	0.00	3,376.57	
Subtotal	43,591.90	5,484.40	38,107.50	

Estimated Tax Rate	

(Appilcable salestax willbe added unlessa valid tax exemptioncertificate is
provided . Th is amount is only an es timate  of your tax liability.)	

0 00	
Total		38,107.50	

KOMPAN Authorized Signature: Accepted By (signat ure): Accepted By (p ase print): Date:

Your acceptance of this proposal constitutes a valid order request and includes acceptance of KOMPAN's Terms and Conditions, receipt of which is hereby acknowledged by your signature.
To process your order, plea se sign and return a copy of this quote with the
agreed upon deposit or purchase order for the full amount.
Thi s quote may be withdrawn by us if not accepted by 10/30/20 .
KOMPAN Products are" Buy American"  qualified, and compliantwith the Buy

Am  erican Act of 1933 and the "Buy American "provision of the ARRA of 2009.

KOMPANl-
tet·s play

General Assumptions

Pricing is based on all equipment being direct delivery to the project address identified in KOMPANs Sales Proposal (SP).
Placement of order into fabrication is contingent with deposit being received by KOMPAN as agreed to during the pricing phase.
If cost proposal is to be considered as Tax-Exempt a current tax exemption form must be provided or on file at KOMPAN main office.
Customer shall provide a lay down area for deliveries of materials within proximity of final installation site. Site access must be clear and unobstructed with at least ten (10') foot wide access to allow delivery of materials. Any size restrictions contributing to additional handling or downsizing of deliver trucks shall be addressed as a change of condit ions and will be invoiced as additional costs to the cust omer.
Installation site must be level to no more than one (1") inch in then (10') feet slope or change in elevation over the full length and width of the playground area.
Price assumes NO overhead obstructions within thirteen feet, six inches (13'-6 ") or lower and NO under­ ground utilities or obstructions within the playground footprint.
Soils are to be suitable for t he installation of all playground equipment and surfa cing and compacted to 95% compact ion prior to inst allation crews arriving on-site.
All underground utilities, boulders, rock ledge or other obstructions not visible without subsurface inves­ tigation shall be considered "unforeseen conditions", all costs shall be invoiced to the customer as a change order to the contract.
All spoils generated during the excavat ion of footings shall be disposed of on sit e at no cost to KOMPAN.

Customer to provide at no additional costs a 120 V (15 amp) power source and standard hose bib connec­ tion for water supply within one hundred (100') feet from work site.
Customer shall have removed all existing equipment or obstacles from playground area prior to the arri­ val of t he installat ion crews.
Time is of the essence in the installation of all materials delivered to project site . KOMPAN shall have de­ livered all equipment and materials as scheduled to project site. If delays to the installation schedule ac­ crue outside KOMPANs control equipment shall be delivered to project sit e as scheduled and equipment and materials invoiced at the time of delivery. Unless additional storage arrangements are made in writ­ ing between Cust omer and KOMPAN, additional costs may apply. Unloading of equipment and materials shall be performed by the installation crews at the time of installation. If site is not ready for inst allation by cause outside of KOMPAN , it will be the responsibility of the Customer to off load and store equip­ ment and materials at the project site. KOMPAN shall not be held liable for offloading costs, storage fees or equipment damage.

If site require s inst alla t ion of a drainage system within the proposed playground area, playground equip­ ment footing shall be installed prior to the inst allat ion of t he drainage system and playground foot ing location s shall t ake precedence over drainage system requiremen t s.
Site layout and dimensions shall be based of KOMPANs 2D drawing or CAD drawings . Customer to pro­ vide sit e "benchmark" to be used for layou t and final elevation calculations.
Unless ot herwise no t ed on KOMPAN's SP, proposal assumes t hat t here are no Prevailing Wages require­ ment on the project.
Any addit ional costs which maybe incurred during installat ion shall be negot iat ed bet ween Customer and KOMPAN in w rit ing prior to the start of addit ional work. If writt en approval is not received during t he
t ime t he installation crews are on-sit e, additional mobilizat ion cost s will apply.

Exclusions (Unless Explicitly Stated in KOMPAN Sales Proposal)

St amped engineered drawings/ calculat ions or costs t o secure permi ts are not included, if required t hese costs w ill be added as a change order payable to Kompan .
Demolition and off-sit e disposal of any exist ing equipment or site amenities.
An y site work, including but not limited to grading, excavat ion ou t side playground equipment footing and soils compac t ion and testing.
Concrete work outside of play equipmen t footing requirement s.

Relo cat ion of any existing equipment .
An y required drainage syst em for playground area.
Third party testing of mat erials and playground installat ion.

Site landscaping or trimming of vegetation encroaching within the play equipment and safety zones
Play area su rfacing and base mat erials i f no t no t ed in KOMPAN propo sal.

Installation of Poured in Place surfacing does not include the use of aliphatic binder, solid or custom col­ ors.
Sit e security during Poured in Place surfacing cure t ime and any vandalism which may accrue during sur- facing cure t ime.
Borders for play area surfa cingcont ainment

Any required retaining walls for proposed play area.
Site storage for equipmen t.

Sit e safet y fencing beyond standard four (4') foot orange const ruction fencing
Utilitie s site location services and/or relocation of an y underground utili ties

On sit e dumpster for disposal of shipping container s and general con struction debris

..,

IDTAL ELEVATEDPLAYCOMPONENTS 2-6PLAYAREA: ELEVATED PLAY COMPONENTSACCESSBLE BYRAMP: ELEVATED Pl.AV COMPONENTS ACCESSIBLEBYTRANSFER: ACCESSIBLEGROUNDLEVELCOMPOrEfllTS:
ACCESSBI LEGROUND LEVELPLAY TYPES:

TOTAL ELEVATED P LAYCOMPONENTS 5-12 PLAYAREA: ELEVATED PLAY COMPONENTSACCESSBl.E BYRAMP; ELEVATED PLAY COMPONENTS ACCESSIBLE BY TRANSFER:
ACCESSIBLEGROUNDLEVELCOMPOM::NTS:
ACCESSIBLE GROUND LEVELPLAYlYPES:

REQUIREO:O
REQUIRED: 0
REQUIRED: 1
REQUIRED: 1

REQUIREO; O REQUIRED:2 REQUIRED: 2
REQUIRED: 2

0	32

--

1/ 32• = 1·- o·	J

SHEARWATER KAYAK
Site Layout

NOT FOR CONSTRUCTION

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Tab 16

SERVICES AND GOODS ORDER AGREEMENT [SHEARWATER – PHASE 2C AND 2D COMMON AREA BENCHES]

Owner:	TROUT CREEK COMMUNITY	Seller:	SOUTHERN RECREATION, INC.	
  DEVELOPMENT DISTRICT		 		
Address:	2806 North Fifth Street, Unit 403	Address:	4060 Edison Avenue	
  St. Augustine, Florida 32084			  Jacksonville, Florida 32254		
Phone:	 			Phone:	 			
Fax:	 			Fax:	 			
“Owner”			“Seller”	
Project Name:	Shearwater Phase 2C and 2D Common Area	Contract Date:	11/18/2020	
	  Benches			 		
  2105 Shearwater Parkway		Contract #:	 Proposal No. dated 10/14/2020	
  St. Augustine, Florida 32092	

“Project”
DESCRIPTION OF GOODS OR SERVICES - Purchase and installation of bench equipment. See Exhibit A, Proposal dated October 14, 2020.

	DRAWINGS ATTACHED	YES	NO	N/A	IF YES, DATED	
	SPECIFICATIONS ATTACHED	 YES	NO	N/A	IF YES, DATED	October 14, 2020	
	SITE RULES ATTACHED	YES	NO	N/A	IF YES, TITLED AS	
	SCHEDULE	DELIVERY DUE BY:  		
TERM (check one of the following):
Single Purchase and Installation of Goods Delivery Date: The Delivery Date shall be as determined by Owner in its sole
discretion and transmitted to Seller in writing.

 	Single Project	Commencement Date:  	  Estimated End Date:  	

PRICE (check one of the following):
Fixed Price	Price: $18,450.00
 	 Time and Materials	Not to Exceed Price: $
 	 Time and Materials (Quote Attached)	Not To Exceed Price: $

Commercial General Liability Insurance each occurrence combined single limit: $1,000,000

IN WITNESS HEREOF, the parties have executed this Services and Goods Order Agreement (“Order”) effective as of the date executed below. By executing this document below, Seller acknowledges that it has read all of the terms and provisions of this Order and agrees to perform the services or deliver the goods as described herein and will comply fully with the terms and conditions hereof.

TROUT CREEK COMMUNITY	SOUTHERN RECREATION, INC. DEVELOPMENT DISTRICT
Owner	Seller

By:	By:
 	
  Name:		 Name:	
  Title:			 Title:	 Date Executed:			Date Executed:

TERMS AND CONDITIONS

DEFINITIONS

As used throughout this Order, the following definitions apply unless otherwise specifically stated:
"Goods" means those part numbers, model numbers and/or descriptions set forth in Exhibit A.
"Indemnified Parties" means (i) Owner, its Board of Supervisors, agents, officers, and employees, the Engineer, District Manager, and such other parties as Owner may reasonably request. Any one of the foregoing is an "Indemnified Party."
"Services" means any effort specifically required by this Order such as design, engineering, maintenance, repair, construction, installation, or consulting or professional services.
“Project” means the delivery and installation of the Goods.

GENERAL PROVISIONS

PRICE. The Price set forth above includes all applicable taxes, recognizing the tax exempt status of the District, and all tools, equipment, supplies, insurance and other materials or services (including without limitation all packing, loading or freight) necessary to deliver and install the Goods.

TERMS OF PAYMENT. Seller’s Invoice ("Invoice") must be submitted before payment will be made by Owner pursuant to this Order. Any indebtedness of Seller to Owner may, at Owner’s option, be credited against amounts owing by Owner hereunder.
PAYMENT OF FIXED PRICE CONTRACTS. Owner agrees to remit a deposit to Seller in an amount equal to fifty percent (50%) of the total Fixed Price amount upon execution of this Order. Seller shall submit its Invoice for the balance following acceptance of the Goods and completion of the Services. Seller's Invoice will be paid by Owner not later than forty-five (45) days following receipt to Owner.
PAYMENT OF TIME AND MATERIALS CONTRACTS. Seller may submit an Invoice to Owner monthly, but not more frequently. The period covered by each Invoice shall be one (1) month, unless otherwise agreed in writing by the parties. Each Invoice will be paid by Owner not later than forty-five (45) days following receipt to Owner. Owner may retain a portion of the payment due to Seller in accordance with applicable law.

SCHEDULE. Seller shall perform the Services and/or deliver the Goods per the schedule (“Schedule”) and/or term (“Term”) shown on Page 1 of this Order, or, if applicable, by 	. Time is of the essence with respect to this Order, and Seller shall not deviate from the Schedule without Owner’s prior written consent. Owner may cancel this Order or any part thereof or reject delivery of Goods or the performance of Services if such delivery or performance is not in material accordance with the specifications of this Order, including the Schedule. Seller shall indemnify Owner for all loss and damage of whatever nature caused by such delay or failure, excepting only delays for causes beyond Seller’s reasonable control.

TERMS APPLICABLE TO THE PURCHASE OF GOODS.
DELIVERY. On all deliveries of Goods, freight shall be prepaid by Seller, which amount is included in the lump sum not to exceed price, and risk of loss shall pass at the time such Goods are installed at the Project and the Project is substantially complete and accepted by Owner. The Delivery Date shall be the date provided by Owner to Seller in writing, recognizing that the Delivery Date is largely contingent upon the construction schedule of the amenity facility.
WARRANTY. In addition to the specific warranties provided in the attached Exhibit A and any additional manufacturer warranties, Seller warrants that the title to Goods conveyed shall be good and that the transfer of the Goods shall be rightful. The Goods shall be free from any security interest or lien, and the Goods shall conform to the description herein stated and any specifications provided by Owner. The Goods shall be of merchantable quality and shall be fit for the use intended, including meeting the 2010 ADA specifications/design standards. Seller agrees, without prejudice to any other rights Owner may have, to replace or otherwise remedy any defective Goods without further cost to Owner or, at Owner’s option, to reimburse Owner for its cost of replacing defective Goods. All Goods are subject to inspection by Owner before, upon, and within a reasonable time after delivery. Goods shall not be replaced without Owner’s prior written instructions. Any acceptance by Owner shall not prevent Owner from later rejecting non-conforming Goods. The warranty provided herein shall survive the completion or termination of this Order and is in addition to any warranties provided by law.

TERMS APPLICABLE TO THE PERFORMANCE OF SERVICES.
STANDARDS FOR PERFORMANCE. Seller agrees to perform the Services to the satisfaction of Owner, in a first-class and workmanlike manner, and using the highest level of professional skill, care and diligence. Seller shall perform the Services in conformity with accepted standards of construction and safety, Owner’s specifications and drawings, and the rules and regulations for the Project ("Building Rules and Regulations") as may be promulgated by Owner from time to time. Installation shall conform to industry best practices,

including but not limited to, securing all Goods delivered to the floor to a solid, level surface to stabilize and eliminate rocking or tipping over unless otherwise directed by the Owner. Installation must be performed by a licensed contractor. Further, the equipment must be installed in a manner that complies with all applicable laws, including the 2010 ADA Standards for Accessible Design.
WARRANTY. Sellers warranty as it relates to its performance of services shall be for a period of one year from project completion and acceptance by Owner, except as otherwise provided herein.

COMPLIANCE WITH LAW. Seller agrees that at all times it will comply with all applicable federal, state, municipal and local laws, orders and regulations.

INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER (ON BEHALF OF ITSELF AND ANY SUBCONTRACTORS) AGREES TO FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND INCLUDING COURT COSTS AND ATTORNEYS' FEES FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, FOR LOSS OF BUSINESS, FOR CONSEQUENTIAL DAMAGES AND ALL OTHER DAMAGES (COLLECTIVELY, "DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THIS ORDER (EXPRESSLY EXCLUDING, HOWEVER, DAMAGES CAUSED BY OWNER’S OWN NEGLIGENCE). THE PROVISIONS OF THIS SECTION 7 SHALL SURVIVE THE COMPLETION OR EARLIER TERMINATION OF THIS ORDER.

INSURANCE. At all times during the term of this Order agreement, Seller, at its sole cost and expense, shall maintain insurance coverages of the types and amounts set forth below:
Commercial general liability insurance with minimum limits of liability not less than the amount shown on Page 1 of this Order. Such insurance shall include coverage for contractual liability, and products and completed operations.
Workers’ Compensation Insurance covering all employees of Seller in statutory amounts, and employer's liability insurance with limits of not less than $100,000 each accident.
Comprehensive automobile liability insurance covering all automobiles used by Seller, with limits of liability of not less than $1,000,000 each occurrence combined single limit bodily injury and property damage.
For consulting and advisory services, Professional Liability Insurance with limits of $1,000,000 each claim. The policies required in subparagraphs (a) and (c) above shall name Owner, its Board of Supervisors, agents, officers, and employees, the Engineer, District Manager, and such other parties as Owner may reasonably request as additional insured. Upon execution of this Order and 15 days prior to the renewal of any of the required insurance, Seller shall furnish Owner with certificates of insurance evidencing that all insurance required hereunder is in full force and effect, if requested by Owner. All required insurance shall provide 30 days advance written notice to Owner of any cancellation or reduction in coverage.

DEFAULT. Upon any material default by Seller hereunder, Owner may, in addition to any other remedies available to Owner at law or in equity, cancel this Order without penalty or liability by written notice to Seller. Seller shall be liable to Owner for all expenses incurred by Owner in finishing any portion of the Services not completed due to such termination. Seller's obligations under this Section 9 shall survive any termination of this Order.

LIMITATION OF LIABILITY. Nothing herein shall be construed to be a waiver of the Owner’s limit of liability contained in Section 768.28, Florida Statutes.

WAIVER. Any failure of Owner to enforce at any time, or for any period of time, any of the provisions of this Order shall not constitute a waiver of such provisions or a waiver of Owner’s right to enforce each and every provision.

MODIFICATIONS. This Order supersedes all prior discussions, agreements and understandings between the parties and constitutes the entire agreement between the parties with respect to the transaction herein contemplated. Changes, modifications, waivers, additions or amendments to the terms and conditions of this Order shall be binding on Owner only if such changes, modifications, waivers, additions or amendments are in writing and signed by a duly authorized representative of Owner. If such changes result in a decrease or increase in Seller’s cost or in performance time, an adjustment to the Price and Schedule must be made and agreed upon in writing by both Owner and Seller.

ATTACHMENTS. Any document referenced on Page 1 of this Order and attached as Exhibit A hereto shall be for the sole purpose of providing a description of the Goods and/or Services. Any quote attached as Exhibit A hereto shall be for the purpose of indicating the maximum price of the Goods, delivery and installation totals.

APPLICABLE LAW. The validity, interpretation, and performance of this Order shall be governed by the laws of the State of Florida, in force at the date of this Order. Where not modified by the terms herein, the provisions of Florida’s enactment of Article 2 of the Uniform Commercial Code shall apply to this transaction.

MECHANIC'S LIENS. Notwithstanding that Owner is a local unit of special purpose government and not subject to the lien provisions of Chapter 713, Florida Statutes, Seller agrees to keep the Project free of all liens, including equitable liens, claims or encumbrances (collectively, "Liens") arising out of the performance of any Services or delivery of any Goods by Seller, and shall furnish Owner with appropriate lien waivers from all potential claimants upon request of Owner. If any Liens are filed, Owner may without waiving its rights based on such breach by Seller or releasing Seller from any obligations hereunder, pay or satisfy the same and in such event the sums so paid by Owner shall be due and payable by Seller immediately and without notice or demand, with interest from the date paid by Owner through the date paid by Seller, at the highest rate permitted by law. Seller shall indemnify and hold Owner harmless for all expenses incurred by Owner as a result of the failure of Seller to fulfill its obligations under this Section 15.

PERMITS. Before commencing performance hereunder, Seller shall obtain all permits, approvals, certificates and licenses necessary for the proper performance of this Order and pay all fees and charges therefore. The originals of all such documents shall be delivered to Owner upon receipt by Seller.

PARTIAL INVALIDITY. If in any instance any provision of this Order shall be determined to be invalid or unenforceable under any applicable law, such provision shall not apply in such instance, but the remaining provisions shall be given effect in accordance with their terms.

ASSIGNMENT AND SUBCONTRACTING. This Order shall not be assigned or transferred by Seller without prior written approval by Owner, and any attempted assignment or transfer without such consent shall be void. Seller shall not subcontract this Order without the prior written consent of Owner. Owner may assign this Order to any transferee of the Project, and upon such transferee’s assumption of the obligations of Owner hereunder, Owner shall thereafter be released from any obligations accruing pursuant to this Order.

RELATIONSHIP. The relationship between Owner and Seller shall be that of independent contractor, and Seller, its agents and employees, shall under no circumstances be deemed employees, agents or representatives of Owner. Seller agrees that Owner shall not be responsible for job-site safety.

NOTICES. Any notice, approval or other communication required hereunder must be in writing and shall be deemed given if delivered by hand or mailed by registered mail or certified mail addressed to the parties hereto as indicated on Page 1.

TERMINATION OPTION. Notwithstanding anything herein to the contrary, Owner shall have the right, at its sole election, to terminate this Order for any cause whatsoever upon the delivery of written notice to Seller.

RELEASE OF INFORMATION. Seller acknowledges that this Agreement and all the documents pertaining thereto are public records and subject to the provisions of Chapter 119, Florida Statutes.

EXHIBIT A

Proposed Date	OCTOBER  14, 2020

Expiration Date	NOVEMBER  14, 2020

Southern Recreation
Play fat oil ages-

4060 Edison Avenue
Jacksonville, Florida 32254
Phone 904-387-4390 Fax 904-387-4391
terry@southe rnrecreation .com www. southernrecreat ion.com

PROfECT NAME:
Shearwater St. Johns, FL

PROPOSED David Roane
TO	Trout Creek CDD
2806 North Fifth St. Suite 403 St. Augustine FL, 32084 cdr@freeholdcommunities.com 904-449-2883

BILL TO

Trout Creek CDD
2806 North Fifth St. Suite 403 St. Augustine , FL 32084 mdobbins@rizzet ta.com
904-436-6270

SALESPERSON	SHIPPING METHOD	PAYMENT TERMS	
Terry	Installed	Net  30	
QTY	ITEM#	DESCRIPTION	UNIT PRJCE	LINE TOTAL	
9ea.	AVl-1010-PF	Sitesca pes 6' Benches-same as provided at playground	1,650.00	14,850.00	
					
		Note-benches to be anchored on brick pavers over concrete			

Subtotal	14,850.00	
Tax Rate

Tax Freight
Installation	.07	
	Exempt	
	2,100.00	
	1,500.00	
Total Due	18,450.00	
Terms and Conditions and Required Signature on next page .

Southern Recreation , Inc. Terms and Conditions
Payment A 50% deposit is required to begin project . The deposit is non-refundable. If equipment is refused when deli very is attempted you will be responsible for any resulting charges. A signed terms and condition and payment of the deposit indicates that you are in full agreement with alt terms and conditions of this proposal including the following: Prices are valid for 30 days. After 30 days,
prices are subject to change with out notice. Sales tax will be charged un less a copy of a valid Sales tax exemption certificate is presented.

Balance of monies are due immediately upon completion and acceptance by the owner of the equipment and installation.
Installation, site work, drainage, equipment removal, building permits, engineered drawings, etc. as listed below are not inc luded unless specifically noted on the proposal.

Installation may include the followi ng: Permitting if required for the State of Florida • State Certified Cont racto r CBC1252594 Site Preparation to include equipment removal, exc ava tion 1 grading and d rainage
Concrete work to  include Curbing for  containment and Sidewalks for  ac cess i bilit y
Installation  of  your  Pla yground  by  •NP SI  and  Factory  Certi fie d  Installe rs Safety Surfacing as propose- Engineered  Wood  Fiber ,  Pou red-  In-  Place  Rubber Su rfa c ing, Loose Fill Rubber or Synthetic Turf
Complete site clean up and playground  inspection upon completion "National Playground Safety Institute Certified Pla yground Safe ty Inspe ctors

Southern Recreation Responsibilities Southern Recreation (SR) i s re spo nsible for the  ac cep tan ce  of  all freight  de live ries  that includes the installation of the equipment. All equipment will ship to our warehouse for acce ptance and inve nto ry.  Eq uipme nt  will  be transported to the installation site on fully insured SR trucks and t railers. SR is responsible to secu re the site  an d  equipment while  t he installation is in prog ress. All equipment to be installed  per CPSC and ASTM guidelines  for  prope r spacing and  e levations.  SR is  res ponsible for t rash remo va l as a result of th e installation

Owners Responsibilities Provide access to the insta llation site . P rovide area for storage and staging if needed. Secu rit y at the installation site both during and after wo rk hours. To provide sufficie nt inp ut fo r equipment loca tions so as to p rope rly insta ll p er the owne rs intent-
Note: All equipment installati on must meet CPSC and ASTM guidelines for prope r spacing. SR WILL NOT INSTALL any equip ment outside of the se spacin g guid elines

Optional Res po nsibili tie s If a buildin g permit is requi red1 it is the responsibilit y of the owne r to p rovide SR w ill all necessar y documentation as needed-this would include an  acceptable site  plan 1  warranty  deed  (if  need ed ),  owner s  notari zed  signatures  on  pe rmit and Notice of Commencement and all o ther documenta tio n as required by the local building depa rt me nt of jurisd ic tion in order to
execute the permit. Char ges for permitt in g will  include an administrati ve fee  and  act ual  permit  cost. Any o the  r SR responsibi litie s must be clearl y outlined in the applicable p roposa l/ cont ract

Access/Utilities Acc ess will need to be provided to the insta llati on area for hea vy t rucks and equipme nt. Access of equipmen t and personnel is the obligation of the customer to provide until the projec t is fully completed. We will take every precauti on to avoid damage.

1	1

Rock/Foreign Object Clause Most insta llati ons require diggin g of holes and foot in g equipmen t in conc re te be lo w fi nishe d grad e. Remo  val  of existing ground covers suc h as  asphalt  , concrete     tan  bark, sand   pea  gravel,  wood  fiber ,  rubbe r matt ing ,  poured-   in-  place rubber surfacing, or any ot her material that interferes or delays the digging of holes, is the responsibility of others, unless othe rvv ise
no ted. If e xcess ive und erg round obst ructions such as rock, coral, aspha lt , conc re t e, pi pes, drain age systems, root systems, w ate r, or any other unknown obstructions are discov ered , charges will be adde d to the origina l propos al.

Playground  Surfacing All playground  equipmen t is  to  be  installed over safety surfacing per CPSC guideli nes and ASTMsta nda rds.  If  the c ust omer contracts for some t hing contrary to the  guidelines ,  t hey  are  acce pting  all  responsibility  for  any  liability  and  future  litigation that may arise.

Signature of own er or owners rep i ndicates acceptance of the abo ve term s and con di tions
Authorized signature Terry Rog,,e,rl'	Terry Rogers, Pres ide nt Accepted by 		Date
Billing Name and Address: 	Billing Email: 	_

Please s;gn and fill in the information where the project invoice will be billed to.

IQ\
South e rn Recr eat ion, I nc. \Cl' 4060 Edison Avenue, Jacksonvill e, Florida 32254

Tab 17

AGREEMENT FOR LANDSCAPE & IRRIGATION INSTALLATION BETWEEN TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT AND
PRESTIGE LANDSCAPES OF NORTH FLORIDA, INC.
[COMMON AREA CONNECTING PHASES 2C & 2E & PHASE 2E LIFT STATION AREA]

THIS AGREEMENT  (“Agreement”) is made and entered into this  day of November,  2020, by and between:

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, located in Clay County, Florida, whose mailing address is 2806 North Fifth Street, Unit 403, St. Augustine, Florida 32084 (“District”), and

PRESTIGE LANDSCAPES OF NORTH FLORIDA, INC., a Florida corporation, with a principal address of 12627 San Jose Boulevard, Suite 702, Jacksonville, Florida 32223 (“Contractor”).

RECITALS

WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; and

WHEREAS, the District has a need to retain an independent contractor to provide the labor and materials necessary for the installation of landscape and irrigation within the above reference areas of the District, all as more particularly described in Contractor’s proposals attached hereto as Composite Exhibit A and incorporated herein by this reference; and

WHEREAS, Contractor represents and warrants to the District that it is qualified, capable and willing to provide such services and the District desires to enter into this Agreement with Contractor for the same; and

WHEREAS, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

SECTION 1. RECITALS. The recitals stated above are true and correct and by this reference are incorporated into and form a material part of this Agreement.

SECTION 2. DUTIES.

The duties, obligations, and responsibilities of Contractor are to provide the services, labor and materials to install landscape and irrigation as described in Composite Exhibit A, attached hereto and incorporated herein by reference (“Project”). Contractor shall be solely responsible for the means, manner, and

methods by which its duties, obligations, and responsibilities are met to the satisfaction of the District. Contractor shall report directly to the District Manager or his/her designee. Contractor shall use all due care to protect the property of the District, its residents and landowners from damage. Contractor agrees to repair any damage resulting from Contractor’s activities and work within twenty-four
(24) hours.

Should any error or inconsistency appear in the construction specifications, Contractor, before proceeding with the Project, must notify the District for the proper adjustment, and in no case proceed with the Projects in uncertainty nor with insufficient drawings.

This Agreement grants to Contractor the right to enter District lands which are subject to this Agreement, for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, and regulations.

Changes in the Project, labor, or materials for the Project may be accomplished by change order that demonstrates the written agreement of the District and Contractor upon the change in the Project, the amount of adjustment in compensation, and the extent of adjustment to the date of completion. Any additional compensation for additional duties shall be paid only upon the written authorization of the District Manager or his/her designee.

Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. Additionally, Contractor must clean mud and other debris from the District streets used as access to and from the building site. At completion of the Project, Contractor shall remove from the site waste materials, rubbish, tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up as provided in this Agreement, the District may do so and the cost, if any, shall be reimbursed by Contractor.

SECTION 3. COMPENSATION.

As compensation for the completion of the Project, the District agrees to pay Contractor the following amounts corresponding to the respective components of the Project, as more specifically set forth in Composite Exhibit A:
An amount equal to Nineteen Thousand Seven Hundred Fifty-Six Dollars and Twenty-Four Cents ($19,756.24) for completion of Common Area Connecting Phases 2C & 2E.
An amount equal to Eighteen Thousand One Hundred Fifty-Nine Dollars and Ninety-Seven Cents ($18,159.97) for completion of Phase 2E Lift Station Area.
Contractor shall invoice the District monthly for the portions of the Project completed at the time of the invoice, in accordance with the requirements of

subsection 3(D). The invoices shall be due and payable consistent with Florida’s Prompt Payment Act for construction services.

If the District should desire additional services, Contractor agrees to negotiate in good faith to undertake such additional work or services. However, no additional services shall be provided by Contractor prior to the parties’ successful negotiations of the additional terms and compensation. Upon successful negotiations, the parties shall agree in writing to an addendum, addenda, or change order(s) to this Agreement. Contractor shall be compensated for such agreed upon additional services upon mutual terms agreeable to the parties and agreed to in writing.

The District may require, as a condition precedent to making any payment to Contractor, that all subcontractors, materialmen, suppliers or laborers be paid and require evidence, in the form of Lien Releases or partial Waivers of Lien, to be submitted to the District by those subcontractors, materialmen, suppliers or laborers, and further require that Contractor provide an affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from Contractor, in a form satisfactory to the District, that any indebtedness of Contractor, as to services to the District, has been paid and that Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workers’ Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

Contractor shall maintain records conforming to usual accounting practices. Further, Contractor shall render each invoice to the District in writing, and each invoice shall contain, at a minimum, the District’s name, Contractor’s name, the invoice date, an invoice number, an itemized listing of all costs billed on each invoice with a sufficient description of each, the timeframe within which the services were provided, and the address or bank information to which payment is to be remitted. The invoices shall be due and payable consistent with Florida’s Prompt Payment Act for construction services.

SECTION 4.	OMITTED.

SECTION 5. DATE OF COMPLETION.  Contractor  shall  complete  the  Project  within sixty (60) calendar days of the issuance of a Notice to Proceed by the District, which Notice to Proceed shall be conditioned on the provision of water services by the District. The completion date may be adjusted to address any delays caused by the District. Contractor and the District recognize that time is of the essence with this Agreement and that the District will suffer financial loss if the Project is not completed within the times specified herein. Contractor and the District acknowledge and agree that the District may terminate this Agreement for cause if Contractor cannot substantially adhere to the agreed upon timing provided in this Section.

SECTION 6. TERMINATION. The District agrees that Contractor may terminate this Agreement for cause by providing sixty (60) days’ written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. Contractor agrees that the District may terminate this Agreement immediately for cause by providing a written notice of termination to Contractor. The District shall provide thirty (30) days’ written notice of termination without cause. Upon any termination of this Agreement, Contractor shall be entitled to payment for any and all material and labor provided up until the effective termination of this Agreement, subject to whatever claims or offsets the District may have against Contractor.

SECTION 7. WARRANTY. Contractor warrants to  the  District  that  all  materials furnished under this Agreement shall be new, and that all services and materials shall be of good quality, free from faults and defects. Contractor hereby warrants the plant and tree materials for ninety (90) days from date of installation. Contractor hereby warrants workmanship and materials for irrigation for one (1) year and agrees to assign any and all of the manufacturers’ warranties to the District. Neither final acceptance of the Project, nor final payment, nor any provisions of this Agreement shall relieve Contractor of the responsibility for defective or deficient materials or services. If any of the services provided under this Agreement are found to be defective, deficient or not in accordance with this Agreement, Contractor shall correct, remove and replace it promptly after receipt of a written notice from the District, and correct and pay for any other damage resulting therefrom to the District property or the property of landowners within the District.

Contractor hereby covenants to the District that it shall perform the services necessary to complete the Project: (i) using its best skill and judgment and in accordance with generally accepted professional and design standards and practices for projects of similar design and complexity as the development occurring within the District; (ii) in compliance with all applicable federal, state, county, municipal, building and zoning, land use, environmental, public safety, non-discrimination and disability accessibility laws, codes, ordinances, rules and regulations, including, without limitation, all professional registration (both corporate and individual) for all required basic disciplines that it shall perform; and (iii) in an expeditious and economical manner consistent with the best interest of the District. Contractor hereby covenants to the District that any work product of Contractor shall not call for the use of, nor infringe on any patent, trademark, services mark, copyright or other proprietary interest claimed or held by any person or business entity absent prior written consent from the District.

SECTION 8. INSURANCE. Contractor shall, at its own  expense,  maintain  insurance during the performance of its services under this Agreement, with limits of liability not less than
the following:	
Workers’ Compensation	statutory	
General Liability
Bodily Injury (including contractual) Property Damage (including contractual)	
$1,000,000/$2,000,000
$1,000,000/$2,000,000	

Automobile Liability (if applicable)
Bodily Injury and Property Damage	$1,000,000/$2,000,000

Contractor shall provide the District with a certificate naming the District, its officers, and employees as an additional insured. At no time shall Contractor be without insurance in the above amounts. No policy may be canceled during the term of this Agreement without at least thirty (30) days’ written notice to the District. An insurance certificate evidencing compliance with this section shall be sent to the District prior to the commencement of any performance under this Agreement.

If Contractor fails to have secured and maintained the required insurance, the District has the right but not the obligation to secure such required insurance in which event Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

SECTION 9. INDEMNIFICATION.

Contractor agrees to indemnify and hold harmless the District and its officers, staff, and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in performance of services related to this construction contract.

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, attorneys’ fees, and paralegals’ fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings) as ordered.

SECTION 10.	COMPLIANCE  WITH  GOVERNMENTAL  REGULATION.   In  performing its
obligations under this Agreement, Contractor and each of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction, including all laws, regulations and rules relating to immigration and/or the status of foreign workers. Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with its obligations herein. Contractor shall ensure that all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor observe Contractor's rules and regulations of safety and conduct. Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to all of its employees, agents and subcontractors performing its obligations herein and other persons who may be affected, and any material, equipment and other property. Contractor shall remedy all damage or loss to any property caused in whole or in part by Contractor, its employees, agents, subcontractors or anyone directly or indirectly employed  by Contractor, or by anyone for whose acts Contractor may be liable. Consistent with Section 9 provided for herein, Contractor shall indemnify District for all damage or losses it may incur or

be exposed to because of Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor's failure to comply with the provisions contained herein.

SECTION 11. LIENS AND CLAIMS. Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. Contractor shall keep the District’s property free from any materialmen’s or mechanics’ liens and claims or notices in respect to such liens and claims, which arise by reason of Contractor’s performance under this Agreement, and Contractor shall immediately discharge any such claim or lien. In the event that Contractor does not pay or satisfy such claim or lien within five (5) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving of notice of termination.

SECTION 12.	LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement
shall be deemed as a waiver of the District’s sovereign immunity or the District’s limits of liability as set forth in Section 768.28, Florida Statutes, or other statute, 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 such limitations of liability or by operation of law.

SECTION 13. NO THIRD PARTY BENEFICIARIES. This Agreement is solely  for  the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.

SECTION 14.  INDEPENDENT  CONTRACTOR.  It is understood and agreed that at all   times the relationship of Contractor and its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent, joint-venturer or partner of the District. Nothing  in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and  pay all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of the District and at all times entirely under Contractor's supervision, direction and control.

In particular, the District will not: i) withhold FICA (Social Security) from Contractor's payments; ii) make state or federal unemployment insurance contributions on Contractor's behalf; iii) withhold state or federal income tax from payment to Contractor; iv) make disability insurance contributions on behalf of Contractor; or v) obtain Workers' Compensation insurance on behalf of Contractor.

SECTION 15. ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the District and Contractor relating to the subject matter of this Agreement. Exhibit A is applicable to the extent that it states the scope of services for the labor and materials and/or the compensation to be provided under this Agreement. Except as otherwise provided herein and to the extent that any provisions of Exhibit A conflict with provisions of this Agreement, this Agreement shall control.

SECTION 16.  AMENDMENTS.  Amendments to and waivers of the provisions contained  in this Agreement may be made only by an instrument in writing which is executed by both the District and Contractor.

SECTION 17. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and Contractor, both the District and Contractor have complied with all the requirements of law, and both the District and Contractor have full power and authority to comply with the terms and provisions of this Agreement and be bound by this Agreement.

SECTION 18. NOTICES. All notices, requests, consents and other communications under this Agreement ("Notices") shall be in writing and shall be hand-delivered, mailed by First Class Mail, postage prepaid, or sent by overnight delivery service, to the parties, as follows:

A.	If to District:	Trout Creek Community Development District
2806 North Fifth Street, Unit 403 St. Augustine, Florida 32084 Attn: District Manager	
	With a copy to:	Hopping Green & Sams, P.A. 119 S. Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: District Counsel	
B.	If to Contractor:	Prestige Landscapes of North Florida, Inc. Post Office Box 600061	
		St. Johns, Florida 32260
Attn:  		

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day.  If any time for giving Notice contained in this Agreement would otherwise expire on a non- business day, the Notice period shall be extended to the next succeeding business day.  Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for District and counsel for Contractor may deliver Notice  on behalf of the District and Contractor. Any party or other person to whom Notices are to be

sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days’ written notice to the parties and addressees set forth in this Agreement.

SECTION 19. ENFORCEMENT OF AGREEMENT. In the event that either the District or Contractor is required to enforce this Agreement by court proceedings or otherwise, then the substantially prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 20. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Each party consents that the venue for any litigation arising out of or related to this Agreement shall be in St. Johns County, Florida

SECTION 21.  PUBLIC RECORDS.  Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Melissa Dobbins (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of this Agreement, transfer to the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by Contractor, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (904) 436-6270, MDOBBINS@RIZZETTA.COM, OR AT 2806 NORTH FIFTH STREET, UNIT 403, ST. AUGUSTINE, FLORIDA 32084.

SECTION 22. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SECTION 23. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 24. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.

SECTION 25. NEGOTIATION AT ARM’S LENGTH. This Agreement has been negotiated fully between the parties as an arm’s length transaction. The parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all parties are deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

SECTION 26.  ASSIGNMENT.  Contractor may not assign this Agreement or any monies   to become due hereunder without the prior written approval of the District. Any assignments attempted to be made by Contractor without the prior written approval of the District are void.

SECTION 27.	DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A
default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District’s right to protect its rights from interference by a third party to this Agreement.

SECTION 28. SCRUTINIZED  COMPANIES  STATEMENT. Contractor certifies that it is not in violation of Section 287.135, Florida Statutes, and is not prohibited from doing business with the District under Florida law, including but not limited to Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. If Contractor is found to have submitted a false statement, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or is now or in the future on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel, the District may immediately terminate this Agreement.

[Signatures on next page]

IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day and year first written above.

ATTEST:	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

Secretary / Assistant Secretary	Chairperson, Board of Supervisors

WITNESS:	PRESTIGE LANDSCAPES OF NORTH FLORIDA, INC.

 	

By:  	

By:	 Its:   	 

Composite Exhibit A:	Proposal for Common Area Connecting 2C and 2E, dated October 12, 2020
Proposal for Lift Station Phase 2E, dated October 16, 2020

Composite Exhibit A

P8-ESTIG-E

PO Box 600061. St. Johns FL  32260
TEL  904 - 315- 8041
Proposal

Job Site: Shearwater
Name: Common Area Connecting 2C and 2E Contractor:
Address:

Pro vide labor and material for the foll owing work:

MATERIALS	QTY	.@	UNIT	
Red Cedar 4" cal.	4	$462.19	$1,848.76	
Live Oak 3" cal.	3	$439.26	$1,317.78	
Crape Myrtle 12-14'	6	$309.34	$1,856.04	
Patio LkJustrum 8x8	4	$508.05	$2,032 .20	
Schilling 3 gal.	70	$10.95	$766.50	
U- iope "Evergreen Gaint" 1 gal.	105	$5.23	$549.15	
Flax Lily 1 gal.	120	$5.69	$682.80	
Sweet Viburnum 3 gal.	160	$10.95	$1,752.00	

St. Augustine Grass	15	$264.71	$3,970.65	
Pine Straw	200	$7.99	$1,598.00	
lrrk;}a tion	1	$1,882.36	$ 1,882.36	
Site Prep work	1	$1,500.00	$1,500.00	

TOTAL	$19,756.24

ACCEPTANCE OF TERMS
The above prices, specifications and conditions are satisfacto ry and are hereby accepted . Prestige Landscapes of North Florida is hereby authorized to preform the work as specified. Payment is to be received within 30 days of project completion.

 
Shearwater COD	Date	Chris Kenny

12-Oct-22
Date

Prestige Landscapes of North Florida, Inc.

P STIG-E

PO Box 600061. St. Johns FL  32260
TEL  90 4 - 315- 8041
Proposal

Job Site: Shearwater
Name: Lift Station Phase 2E Contractor:
Address:

Provide labor and mat erial for the foll owing work:

MATERIALS	QTY	.@	UNIT	
Red Cedar 4" cal.	6	$462.19	$2,773.14	
DD Blanchard Magnolia 3" cal.	9	$508.05	$4,572.45	
Wax Myrtle 15gal.	9	$73.29	$659.61	
Patio Li{Justrum BxB	6	$508.05	$3,048.30	
Schilling 3 gal.	30	$10.95	$328.50	
U-iope "Evergreen Gaint" 1 gal.	15	$5.23	$78.45	
Flax Lily 1 gal.	30	$5.69	$170.70	
Sweet Viburnum 3 gal.	100	$1095	$1,095.00	

St. Augustine Grass	5	$264.71	$1,323.55	
Pine Straw	150	$7.99	$1,198.50	
lrrigatoion		$1,411.77	$1,411.77	
Site Prep work		$1,500.00	$1,500.00	

TOTAL	$18,159.97

ACCEPTANCE OF TERMS
The above prices, specifications and conditions are satisfactory and are hereby accepted. Prestige Landscapes of North Florida is hereby authorized to preform the work as specified. Payment is to be received within 30 days of project completion.

 
Shearwater COD	Date	Chris Kenny

16-Oct-20
Date

Prestige Landscapes of North Florida, Inc.

Tab 18

 Shearwater Turtle	
Prepared by:	Prepared for:
Mike Pepis, Sales/Project Manager	Mike McCollum
Pizzazz Scenic Contractors	Trout Creek Community Development
1354 Wigmore St. Jacksonville, FL 32206	District
904-641-1239	2806 N 5th St. Ste. 403, Saint Augustine, Fl.
32084-1904	(904) 460-6789
 SCOPE OF WORK	
Hand Sculpted Fiberglass Turtle	PSC is to design, fabricate, and install one hand sculpted,
fiberglass turtle for "Shearwater Outpost".

TIMELINE	
Date:	Milestone:	
11/9/2020	Estimate submitted	
TBD	Approval to proceed

Installation begins

TBD

TBD	Estimated completion & final balance due
		
GOODS AND SERVICES	
Description:	Quantity:	Price Per Unit:	Totals:	

Turtle Sculpture	1	$9,811.50		$9,811.50	
Hand sculpted EPS foam.					
Fiberglass, framing, & footers.					
Hand Painted, approx. 5'x4'x3'.					

Installation	
included	
included		
0.00	
			Total:	$9,811.50	
Notes:
Estimate does not include any applicable taxes, permits, and fees. Estimate is based on PSC art design.

Tab 19

Change Order
No. _3_

Date of Issuance:

 	, 2020		Effective Date:

 	, 2020	

Project: Trout Creek Community Development District – Phase 2C Landscape and Irrigation	Owner: Trout Creek Community Development District	Owner's Contract No.: NA	
Contract: Standard Form of Agreement between Owner and Contractor for Construction Contract	Date of Contract: May 9, 2019	
Contractor: SunState Nursery & Landscaping, Inc.	Engineer's Project No.: NA	

The Contract Documents are modified as follows upon execution of this Change Order:

Description of work to be added or removed:
See attached Exhibit A.

 	CHANGE IN CONTRACT PRICE:	 	CHANGE IN CONTRACT TIMES:	
Original Contract Price:	Original Contract Times:     Working days	 Calendar days
$1,091,756.96	Substantial completion (days or date):	

    Ready for final payment (days or date):	

[Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders Orders No. 1 to No. 2	No. 	to No. 	:
    Substantial completion (days):	

$923,310.87	Ready for final payment (days):	

Contract Price prior to this Change Order:	Contract Times prior to this Change Order:
$2,015,067.83	Substantial completion (days or date):	

    Ready for final payment (days or date):	

[Increase] [Decrease]  of this Change Order:	[Increase] [Decrease] of this Change Order:
$7,748.76	Substantial completion (days or date):	

    Ready for final payment (days or date):	

Contract Price incorporating this Change Order:	Contract Times with all approved Change Orders:
$2,022,816.59	Substantial completion (days or date):	

    Ready for final payment (days or date):	

RECOMMENDED:	ACCEPTED:	ACCEPTED:	
By:  		By:  		By:  		
Engineer (Authorized Signature)	Owner (Authorized Signature)	Contractor (Authorized Signature)	
Date:  		Date:  		Date:  		

EXHIBIT A

SUN
STATE
NURSE!AY &
IAND5CAPING, INC.

Trout Greek co:□
2806 N. Fifth st, surte 403 St AugusUne, Fl 32804

RE:	Sheairwate:r 2C - lb;l!fa Wnrk
Date: June 4-, 2020

Revised Change Order t/.3
Sod and irrigation at P,as.eo Park- (4,000} $qfft oi' Aoratam sod	$2,240.00
Sod at lift sta cm-{4,000) sqtft of Froral:am sod	$2,240.00

DE!duclion of(90) 3gal shrubs	($754.20),

Benn,uda repair at. 2C rlangle	$2,430.00

Bahia ·sod! a.t  rail head	S182.25

"	Mm1e (5) pines and re-.p1anrt	$400.00
$6,73.-8.05
Overhead & Profit	$1.010,71

Total	$7,748.78

Accepta.noe;

Prtntname

Date

9362 Philips Highway Jacksonvme, Florida 3225·6 (904) 260-0822 • !Fax (904) 260-0833

Tab 20

Upon recording, this instrument should be returned to:

(This space reserved for Clerk)

Trout Creek Community Development District c/o Rizzetta & Company, Inc.
2806 North Fifth Street, Suite 403 St. Augustine, Florida 32084

SECOND AMENDED DISCLOSURE OF PUBLIC FINANCING AND MAINTENANCE OF IMPROVEMENTS TO REAL PROPERTY UNDERTAKEN BY
THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

THIS SECOND AMENDED DISCLOSURE OF PUBLIC FINANCING AND MAINTENANCE OF IMPROVEMENTS TO REAL PROPERTY UNDERTAKEN BY THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT AMENDS THE DISCLOSURE OF PUBLIC FINANCING AND MAINTENANCE OF IMPROVEMENTS TO REAL PROPERTY UNDERTAKEN BY THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT RECORDED IN ST. JOHNS COUNTY OFFICIAL RECORDS BOOK 4059, PAGE 578, AND THE FIRST AMENDED DISCLOSURE OF PUBLIC FINANCING AND MAINTENANCE OF IMPROVEMENTS TO REAL PROPERTY UNDERTAKEN BY THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT AMENDS THE DISCLOSURE OF PUBLIC FINANCING AND MAINTENANCE OF IMPROVEMENTS TO REAL PROPERTY UNDERTAKEN BY THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT RECORDED IN ST. JOHNS COUNTY OFFICIAL RECORDS BOOK 4733, PAGE 559.

Board of Supervisors1
Trout Creek Community Development District

Andrew Smith	Michael Gruber	
Chairperson	Assistant Secretary	
David Roane	Doug Davis	
Vice Chairperson	Assistant Secretary	
	Henry Green	
	Assistant Secretary	
Rizzetta & Company, Inc.	
District Manager	
2806 North Fifth Street, Suite 403 St. Augustine, Florida 32084 (904) 436-6270

District records are on file at the offices of Rizzetta & Company, Inc. and are available for public inspection upon request during normal business hours.

1 This list reflects the composition of the Board of Supervisors as of November 15, 2020. For a current list of Board Members, please contact the District Manager’s office.

TABLE OF CONTENTS
Introduction	3
What is the District and how is it governed?	4
What infrastructure improvements does the District provide
and how are the improvements funded?	5
Assessments, Fees and Charges	8
Method of Collection	9

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

INTRODUCTION

The Trout Creek Community Development District (“District”) is a local unit of special- purpose government created pursuant to and existing under the provisions of Chapter 190, Florida Statutes. Under Florida law, community development districts are required to take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by such districts. Unlike city and county governments, the District has only certain limited powers and responsibilities. These powers and responsibilities include, for example, construction and/or acquisition, as well maintenance, of roadways, utilities, stormwater management, landscape, irrigation, entry features, street lighting, underground electric, conservation and mitigation, amenity and recreational facilities, and other related public infrastructure.

SECOND AMENDED DISCLOSURE OF PUBLIC FINANCING AND MAINTENANCE OF IMPROVEMENTS TO REAL PROPERTY UNDERTAKEN BY
THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

Under Florida law, community development districts are required to take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by such districts. The law specifically provides that this information shall be made available to all persons currently residing within the District and to all prospective District residents. The following information describing the District and the assessments, fees and charges that may be levied within the District to pay for certain community infrastructure is provided to fulfill this statutory requirement.

What is the District and how is it governed?

The District is an independent special taxing district, created pursuant to and existing under the provisions of Chapter 190, Florida Statutes (“Act”), and established by Ordinance No. 2014-44 enacted by the Board of County Commissioners of St. Johns County, Florida, which was effective on October 28, 2014. The District encompasses approximately 997.90 acres of  land located entirely within the boundaries of St. Johns County, Florida. As a local unit of special-purpose government, the District provides an alternative means for planning, financing, constructing, operating and maintaining various public improvements and community facilities within its jurisdiction.

The District is governed by a five-member Board of Supervisors, the members of which must be residents of the State and citizens of the United States. Within ninety (90) days of appointment of the initial board, members were elected on an at-large basis by the owners of property within the District, each landowner being entitled to one vote for each acre of land with fractions thereof rounded upward to the nearest whole number. Elections are then held every  two years in November. Commencing when both six years after the initial appointment of Supervisors have passed and the District has attained a minimum of two hundred and fifty (250) qualified electors, Supervisors whose terms are expiring will begin to be elected by qualified electors of the District. A “qualified elector” in this instance is any person at least eighteen (18) years of age who is a citizen of the United States, a legal resident of Florida and of the District, and who is also registered with the Supervisor of Elections to vote in St. Johns County. Notwithstanding the foregoing, if at any time the Board proposes to exercise its ad valorem taxing power, it shall, prior to the exercise of such power, call an election at which all members of the Board shall be elected by qualified electors of the District.

Board meetings are noticed in a local newspaper and conducted in a public forum in which public participation is permitted. Consistent with Florida’s public records laws, the records of the District are available for public inspection during normal business hours. Elected members of the Board are similarly bound by the State’s open meetings law and are generally subject to the same disclosure requirements as other elected officials under the State’s ethics laws.

What infrastructure improvements does the District provide and how are the improvements funded?

The District is comprised of approximately 997.90 acres located entirely within St. Johns County, Florida. The legal description of the lands encompassed within the District is attached hereto as Exhibit “A.” The public infrastructure necessary to support the District’s development program includes, but is not limited to, roadways, stormwater management system facilities, water and sewer infrastructure, recreation facilities and parcel infrastructure. These  infrastructure improvements are more fully detailed below. To plan the infrastructure improvements necessary for the District, the District adopted an Engineer’s Report dated November 4, 2014, Supplemental Engineer’s Report 2015 Bond Series, dated January 27, 2015, Supplemental Engineer’s Report 2018 Bond Series dated June 11, 2018 and the Supplemental Engineer’s Report Series 2020 Bonds, dated September 11, 2020 (together, “Engineer’s Report”), which detail all of the improvements contemplated for the completion of the infrastructure of the District (“Capital Improvement Plan”). Copies of the Engineer’s Report are available for review in the District’s public records.

A portion of these public infrastructure improvements have been funded by the District’s sale of bonds. On January 8, 2015, the Circuit Court of the State of Florida, in and for St. Johns County, Florida, entered a Final Judgment validating the District’s ability to issue an aggregate principal amount not to exceed $107,290,000 in Capital Improvement Revenue Bonds for infrastructure needs of the District.

On February 26, 2015, the District issued a series of bonds for purposes of partially financing the construction and acquisition costs of infrastructure for the Capital Improvement Plan (“Series 2015 Project”). On that date, the District issued its Trout Creek Community Development District Capital Improvement Revenue Bonds, Series 2015, in the amount of
$21,215,000 (“Series 2015 Bonds”). Proceeds of the Series 2015 Bonds were used to finance the cost of a portion of the acquisition, construction, installation, and equipping of the Series 2015 Project.

On July 9, 2018, the District issued a series of bonds for purposes of partially financing the construction and acquisition costs of infrastructure for the Capital Improvement Plan (“Series 2018 Project”). On that date, the District issued its Trout Creek Community Development District, Capital Improvement Revenue Bonds Series 2018, in the amount of
$12,100,000 (“Series 2018 Bonds”). Proceeds of the Series 2018 Bonds were used to finance the cost of a portion of the acquisition, construction, installation, and equipping of the Series 2018 Project.

On October 8, 2020, the District issued a series of bonds for purposes of partially financing the construction and acquisition costs of infrastructure for the Capital Improvement Plan (“Series 2020 Project”). On that date, the District issued its Trout Creek Community Development  District,  Capital  Improvement  Revenue  Bonds  Series  2020,  in  the  amount of
$4,185,000 (“Series 2020 Bonds”, and together with the Series 2015 Bonds and Series 2018

Bonds, “Bonds”). Proceeds of the Series 2020 Bonds were used to finance the cost of a portion of the acquisition, construction, installation, and equipping of the Series 2020 Project.

Transportation Infrastructure

The District’s master roadways provide connections between neighborhoods and uses. The Series 2020 Bonds will fund additional roadways including an extension of Shearwater Parkway and a roadway from County Road 16A to serve the County School and County Park sites within the District.

Shearwater Parkway is the main road into and out of the District and was previously constructed to the first roundabout near the amenity center in the Series 2015 Project and extended south approximately 6,100 linear feet in the Series 2018 Project. The Series 2020 Bonds may fund the further extension of Shearwater Parkway into Phase 3 and fund the initial construction on Timberwolf Trail an additional roadway within the community with a future connection to County Road 16A.

The remainder of the spine road will be a two-lane section built to minor collector standards. As a whole, Shearwater Parkway will link individual land uses to one another and to other District facilities. Along this road, there will be District maintained landscaping and wetland preserve areas. The landscaping will be irrigated with a reclaimed water system. This system will initially be charged with potable water until reclaimed or “grey” water becomes available.

Stormwater System

The District-wide stormwater system consists of wet detention ponds to capture and treat stormwater runoff from developed areas and control structures that regulate the volume of water detained and detention periods.

In general, the stormwater runoff will be collected via curb and gutter within the roads and conveyed into the ponds via inlet structures and pipes. The primary form of treatment will be wet detention pursuant to accepted design criteria. The pond control structures will consist of weirs for attenuation and bleed-down orifices sized to recover the treatment volume. Stormwater pipes will connect the control structures to other ponds and to the ultimate outfall locations.

The stormwater system is designed such that post-development flow will generally mimic the flows from the site in a pre-development state. All areas within the District currently drain into Trout Creek and associated wetlands. As parcels within the District are developed, the detention ponds will temporally detain stormwater runoff for treatment and then gradually discharge water in the same receiving waters. Ponds have been designed to provide attenuation of the 25 year/24 hour storm and provide treatment for a volume of runoff established by county, state and federal regulations.

Major drainage ways and ponds serving District-wide elements will be constructed. These elements will serve as the foundation for the stormwater system. The cost to construct drainage piping within individual subdivisions or parcels is not included in the stormwater system budget. The budgets for each land use carry the costs for inlets and stormwater piping that will generally be constructed within the right-of-way of District roads.

Master Lift Station and Mains

Water, sewer, and reclaimed water service was previously connected to existing JEA mains o the southerly side of the first roundabout and provided service to Phase 2 with the Series 2018 Bonds. The Series 2020 Project will provide water, sewer, and reclaimed water mains and sanitary sewer lift stations to the District for Phase 3. Each utility is designed to meet both JEA and the Florida Department of Environmental Protection’s standards. Upon completion of construction, the utility infrastructure will be dedicated to JEA who will own, operate, and maintain the utility.

The potable water main and reclaimed trunk lines generally are located central to the internal parcels in the local road right of ways and the central park. This approach provides adequate pressures while reducing the overall pipe lengths and associated costs. Multiple lift stations will be located along Shearwater Parkway and some lift stations will be found on local roads. All lift stations will be connected via force main which again connects the force main on the south side of the first roundabout.

Recreation Facilities

The District’s Series 2015 Bonds funded construction of the Amenity Center with fitness center and pools. The Series 2018 Bonds will fund additional recreational facilities, which are expected to include a dog park, community garden, extensive parks with shade structures and playgrounds, trails, a kayak park, and other similar improvements. The Series 2020 Project will include the continued construction of common parks, multi-use paths and greenspace.

Parcel Infrastructure

On either side of Shearwater Parkway, there will be individual parcels of land that will be developed over the life of the District. The parcels house a diversity of product types ranging from multi-family to traditional neighborhoods to estate size homesites. However, common infrastructure elements will be constructed as a part of the District-wide improvement plan. Common infrastructure will consist of roads, water, sewer, and reclaimed water utilities, and drainage elements. Most infrastructure is located within the right-of-way of roads internal to the subdivisions and commercial areas. Some infrastructure such as sanitary lift stations may be located outside of the right-of-way.

Assessments, Fees and Charges

A portion of the master infrastructure improvements identified in the District’s Capital Improvement Plan have been or will be financed by the District through the sale of its Bonds. The amortization schedules for the Bonds are available in the District’s public records. The annual debt service obligations of the District must be defrayed by annual assessments on benefited property. Copies of the District’s Master Special Assessment Allocation Report, dated December 17, 2014, as supplemented by the Final Supplemental Special Assessment Allocation Report, dated February 25, 2015, the Second Supplemental Assessment Methodology Report, dated June 28, 2018 and the Final Supplemental Assessment Allocation Report dated October 1, 2020 (together, “Assessment Methodology”), are available for review in the District’s public records.

The Bonds and associated interest are payable solely from and secured by non-ad valorem special assessments levied against those lands within the District that benefit from the design, construction, and/or acquisition and operation of the Series 2015 Project, the Series 2018 Project and the Series 2020 Project, respectively (“Debt Assessments”). The Debt Assessments are typically billed in the same manner as are county ad valorem taxes but may be billed directly by the District. The Debt Assessments are levied in accordance with the Assessment Methodology and represent an allocation of the costs of the Series 2015 Project, Series 2018 Project and the Series 2020 Project, to those lands within the District benefiting from the Series 2015 Project, the Series 2018 Project and Series 2020 Project, respectively.

The Debt Assessments described above exclude any operations and maintenance assessments (“O&M Assessments”) which may be determined and calculated annually by the District’s Board of Supervisors and are levied against all benefitted lands in the District. A detailed description of all costs and allocations which result in the formulation of assessments, fees, and charges is available for public inspection upon request.

The Capital Improvement Plan and financing plan of the District as presented herein reflect the District’s current intentions, and the District expressly reserves the right in its sole discretion to change those plans at any time. Additionally, the District may undertake the construction, reconstruction, acquisition, or installation of future improvements and facilities, which may be financed by bonds, notes, or other methods authorized by Chapter 190, Florida Statutes.

Method of Collection

Except as discussed above, the Debt Assessments and/or O&M Assessments may appear on that portion of the annual real estate tax notice entitled “non-ad valorem assessments” and will be collected by the St. Johns County Tax Collector in the same manner as county ad valorem taxes. Each property owner must pay both ad valorem and non-ad valorem assessments at the same time. Property owners will, however, be entitled to the same discounts as provided for ad valorem taxes. As with any tax notice, if all taxes and assessments due are not paid within the prescribed time limit, the tax collector is required to sell tax certificates which, if not timely

redeemed, may result in the loss of title to the property. The District may also elect to collect the assessment directly.

This description of the District’s operation, services and financing structure is intended to provide assistance to landowners and purchasers concerning the important role that the District plays in providing infrastructure improvements essential to the use and development of this community. If you have any questions or would simply like additional information about the District, please write to or call the: District Manager, Trout Creek Community Development District, 2806 North Fifth Street, Suite 403, St. Augustine, Florida 32084 or call (904) 436-6270.

The information provided herein is a good faith effort to accurately and fully disclose information regarding the public financing and maintenance of improvements to real property undertaken by the District and should only be relied upon as such. The information contained herein is, and can only be, a status summary of the District’s public financing and maintenance activities and is subject to supplementation and clarification from the actual documents and other sources from which this information is derived. In addition, the information contained herein may be subject to change over time, in the due course of the District’s activities and in accordance with Florida law. Prospective and current residents and other members of the public should seek confirmation and/or additional information from the District Manager’s office with regard to any questions or points of interest raised by the information presented herein.

IN WITNESS WHEREOF, this Second Amended Disclosure of Public Financing and Maintenance of Improvements to  Real  Property  Undertaken  has  been  executed  as  of  the day of 	, 2020, and recorded in the Official Records of St. Johns County, Florida.

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

By:	Andrew Smith
Chairperson

Witness	Witness

Print Name	Print Name

STATE OF FLORIDA	)
COUNTY OF 		)

The foregoing instrument was acknowledged before me by means of ▢physical presence
or   ▢ online notarization  this 	day  of 	,  2020,  by  Andrew  Smith,  as
Chairperson of the Board of Supervisors of Trout Creek Community Development District, for and  on  behalf  of   the  District.	She/He  [  ]  is  personally  known  to  me  or  [  ]  produced
 	 as identification. NOTARY STAMP:
Signature of Notary Public

Printed Name of Notary Public

EXHIBIT A
A PORTION OF SECTIONS 26, 27, 34 AND 35, TOWNSHIP 5 SOUTH, RANGE
27 EAST, AND A PORTION OF THE FRANCIS BRADY GRANT, SECTION 41, TOWNSHIP 5 SOUTH, RANGE 27 EAST, ALL LYING IN ST. JOHNS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 89°14'47" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION 26, A DISTANCE OF 655 .90 FEET TO THE WESTERLY LINE OF THOSE LANDS DESCRIBED AND RECODED IN OFFICIAL RECORDS BOOK 2314, PAGE 685 OF THE PUBLIC RECORDS OF SAID ST. JOHNS COUNTY; THENCE SOUTH 03°29'33" EAST, ALONG LAST SAID LINE, 1154 .78 FEET TO THE SOUTHERLY LINE OF LAST SAID LANDS ; THENCE SOUTH 85°09'00" EAST, ALONG LAST SAID LINE, 145 .03 FEET; THENCE NORTH 78°33'54" EAST, CONTINUING ALONG LAST SAID LINE , 500.12 FEET TO THE  SOUTHEASTERLY LINE OF LAST SAID LANDS ; THENCE NORTHEASTERLY, SOUTHEASTERLY , NORTHERLY AND EASTERLY, ALONG LAST SAID LINE, RUN THE FOLLOWING THIRTY TWO (32) COURSES AND DISTANCES: COURSE NO.
l: NORTH 52°40 '27" EAST, 41.22 FEET; COURSE NO. 2: NORTH
53°33 '31" EAST, 31.02 FEET; COURSE NO. 3: SOUTH 38°57'33" EAST,
25.33 FEET; COURSE NO. 4: NORTH 42°53'04" EAST, 35.19 FEET ; COURSE NO. 5: NORTH 53°47'33" EAST, 38.47 FEET; COURSE NO. 6: NORTH 22°26'56" EAST, 24.36 FEET; COURSE NO. 7: NORTH 70°31'09 " EAST, 39.22 FEET; COURSE NO. 8: NORTH 46°25'09" EAST, 36.60  FEET; COURSE NO. 9: NORTH 03°28'56" EAST, 24. 13 FEET; COURSE NO. l....Q_ : NORTH 49°07'30" EAST, 42.38 FEET; COURSE NO. 11: NORTH 03°20'08" WEST, 42.33 FEET; COURSE NO. 12: NORTH 54°51 '39" EAST,
45.82 FEET; COURSE NO. 13 : NORTH 47°34'29" EAST, 45.48 FEET; COURSE NO. 14: NORTH 08°03'50" EAST, 45.24 FEET; COURSE NO. 15: NORTH 67°26'37" EAST, 43.7 1 FEET; COURSE NO. 16 : NORTH 15°52'53" WEST, 36.12 FEET; COURSE NO. 17 : NORTH 37° 16 '53" EAST, 35.86 FEET; COURSE NO. 18: NORTH  39°01' 54" EAST,  50.17 FEET; COURSE NO. 19: NORTH 36°48'06" EAST, 40.28 FEET; COURSE NO. 20: NORTH 68°01 ' 38" EAST, 35.50 FEET; COURSE NO. 21: NORTH 56°58'44" EAST,
46.70 FEET; COURSE NO. 22: NORTH 6 8°57'51" EAST, 40.12 FEET; COURSE NO. 23: NORTH 84°37'30" EAST, 48.86 FEET; COURSE NO. 24: NORTH 33°35'57" EAST, 49.48 FEET; COURSE NO. 25 : NORTH 28°53'34" EAST, 96.82 FEET; COURSE NO. 26: NORTH 19°45 '36" EAST, 55.57 FEET; COURSE NO. 27: NORTH 19°12'00" EAST, 50.71 FEET; COURSE NO. 28: NORTH 30°02'18" EAST, 47.91 FEET; COURSE NO. 29: NORTH 58°23 '25" EAST, 44.64 FEET; COURSE NO. 30: NORTH 76°00'30" EAST, 60.03 FEET; COURSE NO. 31: NORTH 72°14'21" EAST, 61.00 FEET; COURSE NO. 32: NORTH 62°53 '31" EAST, 47.35 FEET; THENCE NORTH 84°13'31" EAST, 212.20 FEET; THENCE SOUTH 44°50'18" EAST, 64 . 19 FEET; THENCE SOUTH 33°28'46" EAST, 69.89 FEET; THENCE SOUTH 12°36 '34" EAST, 31.66 FEET; THENCE SOUTH 01°52'03" WEST, 213.60 FEET; THENCE SOUTH 09°22'31" EAST, 141.54 FEET; THENCE SOUTH 12°04 '41" WEST, 144 .79 FEET; THENCE SOUTH 12°54'05" WEST, 61.31

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