Trout Creek Community Development District

Board of Supervisors’ Meeting
October 20, 2021

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	
	Michael Gruber	Assistant Secretary	
	Frank Murphy	Assistant Secretary	
	Ryan Stone	Assistant Secretary	
District Manager Associate District Manager	Melissa Dobbins Carol Brown	Rizzetta & Company, Inc. Rizzetta & Company, Inc.	

District Counsel	Jonathan Johnson	Hopping Green & Sams, P.A.	

District Engineer	Katie Buchanan

Brad Davis	Hopping Green & Sams, P.A.

Prosser Inc.	

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 · St. Augustine, Florida · (904) 436-6270
Mailing Address – 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614
www.troutcreekcdd.org

Board of Supervisors Trout Creek Community Development District

Dear Board Members:

REVISED AGENDA

October 13, 2021

The regular meeting of the Board of Supervisors of the Trout Creek Community Development District will be held on October 20, 2021 at 3:00 p.m. at the Kayak Club located at 100 Kayak Way, St. Augustine, FL 32092. The following is the tentative agenda for this meeting:
CALL TO ORDER / ROLL CALL
AUDIENCE COMMENTS ON AGENDA ITEMS
BUSINESS ADMINISTRATION
Consideration of the Minutes of the Board of Supervisors’ Special Meeting
held on September 15, 2021	Tab 1
Ratification of Operations and Maintenance Expenditures
for August 2021	Tab 2
Ratification of Capital Improvements	Tab 3
1.) Account Series 2018, CUS 166-171
2.) Account Series 2020, CUS 15-17
Construction Activity Report, Period Ending August 31, 2021	Tab 4
STAFF REPORTS
District Counsel
District Engineer
Construction Administrator	Tab 5
1.) Ratification of Vallencourt, Change Order #1, for 3B & 3C Civil Site Construction Services
2.) Ratification of Besch & Smith, Change Order #3, for Phase 3 Civil Site Construction Services
Amenity and Maintenance
1.) Discussion of Bollard Light Removal on Golf Cart Path from North Creek entrance to Pine Tree Lane
2.) Consideration of Modification of Tennis Court to Accommodate Pickleball
District Manager	Tab 6
1.) Charles Aquatics Inc., Service Report: September 2021
BUSINESS ITEMS
Consideration of Resolution 2022-01, Opportunity to be Heard	Tab 7
Consideration of Resolution 2022-02, Setting Hearing on Kayak Outpost
Rental Rates	Tab 8
Exhibit A: Under Separate Cover
Consideration of Kayak Outpost Policies: Under Separate Cover
Consideration of Extending Gym Hours: Under Separate Cover

Ratification of VerdeGo Proposal for Landscape Maintenance Agreement
for Phase 3A	Tab 9
Ratification of Electrical Installation Services Agreement with Adkins
Electric, Inc., for Phase 3A Primary Conduit System	Tab 10
Ratification of Electrical Installation Services Agreement with Adkins
Electric, Inc., for Phase 3A Street Light	Tab 11

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

MINUTES OF MEETING

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.

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

The special meeting of the Board of Supervisors of Trout Creek Community Development District was held on Wednesday, September 15, 2021 at 3:00 p.m., at the Kayak Club located at 100 Kayak Way, St. Augustine, FL 32092. Following  is the agenda for the meeting.

Present and constituting a quorum:
David Roane Michael Gruber Ryan Stone	Board Supervisor, Vice Chairman Board Supervisor, Assistant Secretary Board Supervisor, Assistant Secretary	
Also present were:		
Melissa Dobbins Carol Brown Katie Buchanan Mike McCollum
Craig Copeland	District Manager, Rizzetta & Company, Inc. Associate District Manager, Rizzetta & Co., Inc. District Counsel, Hopping Green & Sams Developer, Freehold Capital Management
Community Director, CCMS	

Members of the public present.

FIRST ORDER OF BUSINESS	Call to Order

Mr. Roane called the meeting to order at 3:02 p.m.

SECOND ORDER OF BUSINESS	Public Comments on Agenda Items

Audience members noted concerns regarding cattails on a pond and questioned the renewal on the agenda. Other audience members had questions regarding signage, requisitions, gym equipment and lifeguards.

THIRD ORDER OF BUSINESS	Consideration of the Minutes of the
Board of Supervisors’ Special Meeting held on August 18, 2021

On a motion by Mr. Roane, seconded by Mr. Gruber, with all in favor, the Board of Supervisors’ approved Minutes of the Board of Supervisors’ Special Meeting held on August 18, 2021 or Trout Creek Community Development District.

FOURTH ORDER OF BUSINESS	Ratification of Operations and
Maintenance Expenditures for July 2021

On a motion by Mr. Roane, seconded by Mr. Stone, with all in favor, the Board of Supervisors’ ratified the acceptance of the Operation and Maintenance Expenditures for July 2021 in the amount of $32,633.44 for Trout Creek Community Development District.

FIFTH ORDER OF BUSINESS	Ratification of Capital Improvement,
Account Series 2018, CUS 157-158,
CUS 159, CUS 161-165, CUS 160 and
Account Series 2020, CUS 12-14

On a motion by Mr. Roane, seconded by Mr. Gruber, with all in favor, the Board of Supervisors’ ratified the acceptance of the Capital Improvement, Account Series 2018, CUS 157-158, CUS 159, CUS 161-165, CUS 160 and Account Series 2020, CUS 12-14 for
Trout Creek Community Development District.

SIXTH ORDER OF BUSINESS	Construction Activity Report, Period
Ending July 31, 2021

Report presented under Tab 4 of the Agenda.

SEVENTH ORDER OF BUSINESS	Staff Reports

District Counsel
Ms. Buchanan did not receive any additional comments regarding her proposed meeting procedure policies. She will be bringing it back for the Board to review for approval at the next meeting.

District Engineer Not present.

Construction Administrator No report.

Amenity and Maintenance Reports
Mr. Copeland provided an update regarding landscape maintenance and on- going enhancements. He also updated the Board that Remy’s last day is Sunday but will help part-time until they find a replacement.

Mr. Copeland reviewed a list of questions, requests and comments from residents that was received after a resident sent out a survey on social media. The Board agreed to add to the next agenda the discussion of the removal of bollards along the Golf Cart Path so residents can drive their golf cart all the way to the school, review to extend gym hours, and authorized

Mr. Copeland to work with District Engineer to discuss signage options along Shearwater Parkway to help slow traffic when children are leaving the school property.

District Manager
Ms. Dobbins updated the Board that due to the pandemic, large venues are not reserving spaces this far in advance. The Fiscal Year 2022 schedule will be advertised and set for the Kayak Club for all meeting dates, however, when it gets closer, staff will research different meeting location options for the May and August 2022, 6 p.m. meeting dates.

Mr. Stone also recommended for Mr. Copeland to reach out to the school, continue to build a relationship and find out if it could be a possible meeting location.

Ms. Dobbins announced the next Regular Board of Supervisors’ Meeting is schedule for October 20, 2021 at 3:00 pm.

EIGHTH ORDER OF BUSINESS	Consideration of RFP for Phase 3E
and 3F for Civil Site Construction Services

The Board reviewed two bids that were received from the RFP from R.B. Baker Construction and Vallencourt Construction Co., Inc. See Exhibit A. Discussion ensued.

On a motion by Mr. Roane, seconded by Mr. Stone, with all in favor, the Board of Supervisors’ adopted the ranking sheet for Phase 3E and 3F for Civil Site Construction Services as presented and delegated the Chair to execute the final form of the agreement with Vallencourt Construction Co., Inc. for Trout Creek Community Development District.

NINETH ORDER OF BUSINESS	Consideration of Fiscal Year 2021-
2022 District Insurance Policy

Ms. Dobbins reviewed the policy and noted the only additional property added to this policy was $20,000 for the Outpost Amenity Contents. Additional property of the Turtle Sculpture and Kayak Launch will be added in the near future.

On a motion by Mr. Roane, seconded by Mr. Gruber, with all in favor, the Board of Supervisors’ approved the Fiscal Year 2021-2022 District Insurance Policy, in the amount of $51,617.00 and directed the District Manager to enter into a finance agreement, to help District with cash flow, for Trout Creek Community Development District.

TENTH ORDER OF BUSINESS	Consideration of Proposal for
Charles Aquatic, Inc. for Aquatic Management Services Renewal

Ms. Dobbins stated that this proposal is for the same 24 ponds and includes fountain cleaning at the same current rate for three years.

Discussion ensued regarding the maintenance concern that was brought up at the beginning of the meeting. Mr. Copeland will reach out to owner and vendor and have it reviewed.

On a motion by Mr. Roane, seconded by Mr. Gruber, with all in favor, the Board of Supervisors’ approved the Proposal for Charles Aquatic, Inc. for Aquatic Management Services Renewal, at the current rate with a three-year term, for Trout Creek Community Development District.

ELEVENTH ORDER OF BUSINESS	Consideration of Proposal for Vesta
Property Services Inc. for Lifeguard Services Renewal

Board reviewed and discussed pricing sheet that included a three-year lock-in rate.

On a motion by Mr. Gruber, seconded by Mr. Stone, with all in favor, the Board of Supervisors’ approved the Proposal for Vesta Property Services Inc. for Lifeguard Services Renewal, as presented, with a three-year locked in rate term for Trout Creek Community Development District.

TWELFTH ORDER OF BUSINESS	AUDIENCE COMMENTS AND
SUPERVISOR REQUESTS

No supervisor comments.

Mr. Copeland updated the Board that the use of the new Outpost will be first come, first serve through the end of the calendar year. He will propose rental rates for this facility at the next meeting to then to be adopted at the December meeting.

Audience comments.
Questions regarding maintenance items at amenities, contract terms and credits for services not provided, insurance proposal, access to Shearwater Pkwy and further comments on the need for additional signage along Shearwater Pkwy to help with traffic when school is being let out.

THIRTEENTH ORDER OF BUSINESS	ADJOURNMENT

On a motion by Mr. Stone, seconded by Mr. Roane, with all in favor, the Board adjourned the Board of Supervisors’ Meeting at 4:16 p.m. for Trout Creek Community Development District.

Secretary /Assistant Secretary	Chairman / Vice Chairman

Exhibit A

Contractor	
Price	
Schedule (days)	
Personnel	
Experience	
Understanding Scope	
Financial Capability	
Price	
Schedule	
Total Points	

Max Score			
5	
25	
20	
10	
25	
15	
100	

Vallencourt Construction Co. Inc.	
$	
7,250,968.00	
461	
5	
25	
20	
10	
25	
15	
100	

R.B. Baker Construction	
$	
7,516,800.00	
471	
5	
23	
20	
10	
23	
15	
96	

Petticoat - Schmitt	
$	
-								
0	

AJ Johns	
$	
-								
0	

VJ Usina	
$	
-								
0	

Tab 2

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

District Office - St. Augustine, Florida - (904)-436-6270
Mailing Address - 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614 troutcreekcdd.org

Operation and Maintenance Expenditures Presented For Board Approval
August 2021

Attached please find the check register listing the Operation and Maintenance expenditures paid from August 1, 2021 through August 31, 2021. This does not include expenditures previously approved by the Board.

The total items being presented: $208,006.63

Approval of Expenditures:

 		Chairperson

 		Vice Chairperson

 		Assistant Secretary

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

AMTEC Corp.	003392	6420-07-21	Arbitrage Rebate Calculation Series	$	450.00	

Arrow Exterminators Inc., dba	
003443	
42844568	2018
Rodent Service 07/21	
$	176.00	
Nader's Pest Raiders
Arrow Exterminators Inc., dba	
003443	
43053889	
Pest Control 07/21	
$	110.00	
Nader's Pest Raiders
Arrow Exterminators Inc., dba	
003443	
43053934	
Fire Ant Control 07/21	
$	90.00	
Nader's Pest Raiders AT&T	
003396	
151561791 - 07/21	
Acct # 151561791 - 07/21	
$	16.05	
AT&T	003396	299942543 07/21	Acct # 299942543 07/21	$	16.05	
AT&T Communications System	003394	904 230-0008 001	Monthly Telephone Service 07/21	$	402.76	
		0564 07/21			
AT&T Communications System	003395	904 230-0054 001	904 230-0054 001 0562 07/21	$	402.76	
		0562 07/21			
Atlantic Companies, Inc.	003397	210217	Fire Communication Center	$	360.00	

Atlantic Companies, Inc.	
003397	
210762	08/01/21-07/31/22
Fire Communication Center -	
$	459.00	

Atlantic Companies, Inc.	
003397	
211469	08/01/21-07/31/22
Access Cards	
$	1,000.00	
Bounce It Out Party Rentals, Inc d.b.a Bounce It Out Events
Capital Consultants	003399

003400	081421

TCD-07012021	Endless Summer Remaining Balance
Amenity Management Services	$	576.50

$	9,057.20	
Management Corporation			07/21		

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

Capital Consultants Management Corporation
Charles Aquatics, Inc.	003450

003401	TCD-08012021

42048	Amenity Management Services 08/21
Monthly Aquatic Management	$	7,649.20

$	1,561.00	

Charles Aquatics, Inc.	
003451	
42143	Services of 24 ponds 07/21
Bi-Monthly Cleaning of Fountains &	
$	400.00	

Charles Aquatics, Inc.	
003451	
42286	Columns in Pond 1 08/21
Monthly Aquatic Management	
$	1,561.00	

Charles David Roane	
003432	
DR072121	Services of 24 ponds 08/21
Board of Supervisors Meeting	
$	200.00	

Charles David Roane	
003458	
DR081821	07/21/21
Board of Supervisors Meeting	
$	200.00	

Cintas Corp	
003402	
5058458679	08/18/21
First Aid Safety Supplies 04/21	
$	106.34	
Cintas Corp	003402	5068149925	First Aid Safety Supplies 07/21	$	155.47	
Construction Specialties, Inc.	003452	21645	Grill Hood Repair 03/21	$	701.00	
CPSC, LLC dba ForeverLawn	003454	21	Grass Installation 07/21	$	9,541.99	
Jacksonville
Critter Control Operations, Inc.	
003418	
2213604	
Monthly Pest Control - 07/21	
$	116.00	
	003403	SJSO21CAD140563	Deputy Patrol 07/16/21	$	120.00	
					
	003453	SJSO21CAD161658	Deputy Patrol 08/13/21	$	240.00	

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

Florida Department of Revenue	003440	65-8017062725-9
Sales and Use Tax	Sales and Use Tax 06/21	$	167.24	
FPL	20210/1721-1	FPL Summary 07/21	FPL Summary 07/21	$	7,109.22	
Frank Murphy	003430	FM072121	Board of Supervisors Meeting	$	200.00	

Frank Murphy	
003456	
FM081821	07/21/21
Board of Supervisors Meeting	
$	200.00	

Hammock Home	
003406	
1423	08/18/21
Replace Panel With Screen	
$	100.00	
Improvements, Inc. Hopping Green & Sams PA	
003407	
123744	
General Legal Services 05/21	
$	1,958.88	
Howard Services, Inc.	003408	S-10456ADJ	AC Maintenance 07/21	$	3,748.00	
	003415	SJSO21CAD074639	Deputy Patrol 04/16/21	$	240.00	

IPFS Corporation	
003442	
GAA-A60142 Pymt 11	
GAA-A60142 Pymt 11 of 11	
$	3,728.08	

Jacksonville Electric Authority	
20210/1721-2	of 11
9634626977 07/21	
Water-Sewer Combination Services	
$	23,606.31	
			07/21		
	003393	SJSO21CAD135240	Deputy Patrol 07/09/21	$	240.00	
					
	003439	SJSO21CAD156392	Deputy Patrol 08/06/21	$	240.00	

Kenneth Baxley	
003398	
081421 KB	
Endless Summer 08/14/21	
$	350.00	

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

Michael T. Gruber	003427	MG072121	Board of Supervisors Meeting	$	200.00	
			07/21/21		
Michael T. Gruber	003455	MG081821	Board of Supervisors Meeting	$	200.00	
			08/18/21		
	003409	SJSO21CAD141414	Deputy Patrol 07/17/21	$	120.00	
					
	003431	SJSO21CAD151215	Deputy Patrol 07/30/21	$	240.00	

Newagetutors LLC DBA	003437	2953	Website ADA Compliance 08/21	$	300.00	
VGlobal Tech						
Peoples Gas System	003444	211011457499 08/21	182 Kyak Way 08/21	$	36.27	
Peoples Gas System	003444	221008207849 08/21	2105 Shearwater Pkwy 08/21	$	47.93	
Poolsure	003410	131295601061	Monthly Pool Chemicals 08/21	$	2,350.00	
Prestige Landscapes of North	003411	2039	Landscape Maintenance 05/21-	$	2,844.00	
Florida, Inc.			06/21			
Prestige Landscapes of North	003411	2040	Landscape Maintenance 08/21	$	1,896.00	
Florida, Inc.						
Prosser, Inc.	003412	46423	Engineering Services 06/21	$	840.00	
Prosser, Inc.	003457	46513	Engineering Services 07/21	$	840.00	
Rizzetta & Company, Inc.	003413	INV0000060307	District Management Fees 08/21	$	4,065.34	

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

Rizzetta Technology Services, LLC
Roy W. Green	003414

003405	INV0000007789

080721	Email & Website Hosting Services 08/21
Kayak Outpost Opening 08/21	$	145.00

$	300.00	
Ryan Scott Stone	003433	RS072121	Board of Supervisors Meeting	$	200.00	

SouthStar Energy Services LLC	
003441	
510378ES	07/21/21
Natural Gas 07/21	
$	14.36	
dba Florida Natural Gas
St. Johns County Alarm	
003445	
32500	
Alarm Permit Renewal 07/21	
$	25.00	
Program
Stephens Advertising, Inc.	
003416	
21014359	
Swing Restoration 03/21	
$	801.00	
Swank Motion Pictures, Inc.	003417	071621	Movie Night 07/16/21	$	435.00	
	003404	SJSO21CAD131766	Deputy Patrol 07/04/21	$	180.00	

The Bank of New York Mellon	
003426	
252-2403316	
Trustee Fees S2018 07/01/21-	
$	6,100.00	

The Lovely Loo Portable	
003428	
091721	06/30/22
Portable Restroom Rental 091721	
$	650.00	
Restrooms LLC
The St. Augustine Record Dept	
003429	
0003366723-01	
Acct#15626 Legal Advertising	
$	199.24	
1261		07/21/21	07/21/21		
Vak Pak Inc. Manufacturing	003419	28008	Quarterly Inspection 07/21	$	700.00	
VerdeGo LLC	003434	4283	Landscape Maintenance Phase 2D 12/20	$	1,533.68	

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

VerdeGo LLC	003434	4532	Landscape Maintenance Phase 2D	$	3,067.36	

VerdeGo LLC	
003434	
4690	01/21
Landscape Maintenance Phase 2D	
$	3,067.36	

VerdeGo LLC	
003434	
4901	02/21
Landscape Maintenance Phase 2D	
$	3,067.36	

VerdeGo LLC	
003434	
5157	03/21
Landscape Maintenance Phase 2D	
$	3,067.36	

VerdeGo LLC	
003434	
5331	04/21
Landscape Maintenance Phase 2D	
$	3,067.36	

VerdeGo LLC	
003434	
5583	05/21
Landscape Maintenance Phase 2D	
$	3,067.36	

VerdeGo LLC	
003420	
5820	06/21
Tree Replacement 06/21	
$	1,605.00	
VerdeGo LLC	003420	5865B	Landscape Maintenance 07/21	$	24,832.44	
VerdeGo LLC	003434	5866	Landscape Maintenance Phase 2D	$	3,067.36	

VerdeGo LLC	
003434	
5956	07/21
Irrigation Repair 07/21	
$	231.63	
Vesta Property Services, Inc.	003421	386823	Lifeguard and Supervisor Hours	$	20,199.53	

Vesta Property Services, Inc.	
003435	
387839	06/21
Lifeguard and Supervisor Hours	
$	32,728.33	

Vexacor Supply Group, LLC	
003422	
A-199825	07/21
Cafe Supplies 07/21	
$	142.74	

Vendor Name	Check Number Invoice Number	Invoice Description	Invoice Amount

Vexacor Supply Group, LLC	003446	A-205087	Cafe Supplies 08/21	$	682.37	
Vexacor Supply Group, LLC	003436	M203286	Cafe Supplies 08/21	$	150.00	
Viktoryia Ahayeva dba Agaeva Photography, LLC
Village Key & Alarm, Inc.	003391

003447	081421

392700	Endless Summer Photography 08/21
Service Call 05/21	$	450.00

$	135.00	
Village Key & Alarm, Inc.	003438	393120	Service Call 07/21	$	235.00	
Village Key & Alarm, Inc.	003447	393360	Service Call 07/21	$	165.00	
	003423	SJSO21CAD145878	Deputy Patrol 07/23/21-07/24/21	$	240.00	

Wayne Automatic Fire	003448	903199	Annual Sprinkler Inspection 07/21	$	675.00	
Sprinklers, Inc.						
Wayne Automatic Fire	003459	906273	Battery Replacement 08/21	$	626.20	
Sprinklers, Inc.						
Wellbeats, Inc.	003424	EPIV00000045813	WBC-PLUS Content Period	$	249.00	
			07/01/21			
Wellbeats, Inc.	003449	EPIV00000047312	WBC-PLUS Content Period	$	249.00	

003425	
SJSO21CAD125758	08/01/21
Deputy Patrol 06/26/21	
 $		
120.00	

Report Total	$	208,006.63

Tab 3

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

District Office · St. Augustine, Florida · (904) 436-6270
Mailing Address – 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614 www.crosscreeknorthcdd.org

September 8, 2021
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 via UPS

REQUISITION NO.	
PAYEE	
AMOUNT	
CUS 166	Forever Lawn	$6,151.00	
CUS 167	Hardscape Construction	$14,000.00	
CUS 168	PBM Constructors	$109,484.00	
CUS 169	Prosser Inc.	$13,617.23	
CUS 170	Sun State Nursery & Landscaping	$5,137.05	
CUS 171	Vallencourt Construction	$232,010.57	

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

Name of Payee:	Forever Lawn
13500 Sutton Park Drive South Suite 105 Jacksonville, FL 32224

Amount Payable: $6,151.00

Kayak Club/Outpost Playground Project

Fund or Account and Subaccount, i f a n y , 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 of Issuance payable from the Costs of Issuance 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 DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

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.

BY:		 DISTRICT ENGINEER

Name of Payee:	Hardscape Construction, Inc.

Amount Payable: $14,000

Invoice # 3306 Pavers for Pool Deck

Fund or Account and Subaccount, i f a n y , 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 of Issuance payable from the Costs of Issuance 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 DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

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.

BY:		 DISTRICT ENGINEER

Name of Payee:	PBM Constructors Inc
PO Box 11089
Jacksonville, FL 32239

Amount Payable: $109,484.00

Inv C01-ODP Pump Xylem

Fund or Account and Subaccount, i f a n y , 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 of Issuance payable from the Costs of Issuance 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 DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

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.

BY:		 DISTRICT 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  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 In d en t u re 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):

August 20, 2021

Requisition Number: CUS 169

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

Amount Payable: $13617.23

Invoice # 46514 for Professional Services

Fund or Account and Subaccount, i f a n y , 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 of Issuance payable from the Costs of Issuance 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 DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

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.

BY:		 DISTRICT ENGINEER

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.

August 20, 2021

Requisition Number: CUS 170

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

Amount Payable: $5,137.05

Inv #’s 4599,4600,4601,4629 for 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 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 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 COMMUNITY DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

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 Project with respect to which such disbursement is being made; and, (iii) the report of the Consulting Engineer.

BY:		 DISTRICT 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  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 In d en t u re 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):

August 20, 2021

Requisition Number: CUS 171

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

Amount Payable: $232,010.57

Pay Application #7190-19 Retainage Project 2D

Fund or Account and Subaccount, i f a n y , 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 of Issuance payable from the Costs of Issuance 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 DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

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.

BY:		 DISTRICT ENGINEER

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

District Office · St. Augustine, Florida · (904) 436-6270
Mailing Address – 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614 www.crosscreeknorthcdd.org

September 01, 2021

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 except Sundancershould be sent overnight delivery via UPS
Sundancer Sign Graphics check should be delivered by USPS.

REQUISITION NO.	PAYEE	AMOUNT	
CUS 15	Besch & Smith	$38,011.26	
CUS 16	Randy Suggs Landscaping	$201,830.13	
CUS 17	Sundancer Sign	$3,535.00	

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

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

Amount Payable: $38,011.26

Pay Application #11-2

Fund or Account and Subaccount, i f a n y , 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 of Issuance payable from the Costs of Issuance 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 DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

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 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 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.

BY:		 DISTRICT ENGINEER

Name of Payee:	Randy Suggs Landscaping
3403 Rock Springs Rd Apopka, FL 32712

Amount Payable: $201,830.13

Pay Application #1 Phase 3 A1

Fund or Account and Subaccount, i f a n y , 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 of Issuance payable from the Costs of Issuance 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 DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

Name of Payee:	Sundancer Sign Graphics
11259 Business Park Blvd, Suite 3
Jacksonville, FL 32256

Amount Payable: $3,535.00

Invoice #’s 3068 & 3089 Street & Specialty Signs

Fund or Account and Subaccount, i f a n y , 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 of Issuance payable from the Costs of Issuance 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 DEVELOPMENT DISTRICT

BY:		 CHAIRMAN OR VICE-CHAIRMAN

Tab 4

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

79,159.13
(175.85)
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 08/31/21

Cleared Cleared Cleared Cleared Cleared Cleared Cleared Cleared

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

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)		

Total COI & Requisitions:		(10,505,099.68)	
Total Outflows:		(10,505,099.69)	
Series 2018 Construction Fund Balance at August 31, 2021	$	4,831.56	

Inflows:	Developer Contribution	$	11,401,654.93		
	Due from Developer	372,666.43		
	Transfer from S2015 Custody	31,074.97		
	Total Inflows:	$	11,805,396.33		

Outflows:				
Requisition Date	Requisition
Number	Contractor	
Amount	Status
as of 08/31/21	

09/30/19	
CUS 52	O.R. Dicky Smith	
$	(29,534.00)	
Cleared	
09/30/19	CUS 53	Prosser Inc.	(26,878.18)	Cleared	
09/30/19	CUS 54	Ring Power	(151,800.00)	Cleared	
09/30/19	CUS 55	Sunstate Nursery & Landscaping Inc	(124,216.45)	Cleared	
09/30/19	CUS 56	Vallencourt Construction	(169,501.04)	Cleared	
09/30/19	CUS 57	Vallencourt Construction	(264,630.66)	Cleared	
09/30/19	CUS 58	Vallencourt Construction	(254,330.66)	Cleared	
09/30/19	CUS 59	Vallencourt Construction	(227,517.10)	Cleared	
09/30/19	CUS 60	Vallencourt Construction	(67,475.12)	Cleared	
11/30/19	CUS 61	Hopping Green & Sams	(5,070.00)	Cleared	
11/30/19	CUS 62	Prosser Inc.	(16,157.07)	Cleared	
11/30/19	CUS 63	Sundancer Sign Graphics	(37,340.00)	Cleared	
11/30/19	CUS 64	Sunstate Nursery & Landscaping Inc	(146,675.87)	Cleared	
11/30/19	CUS 65	Vallencourt Construction	(71,463.60)	Cleared	
11/30/19	CUS 66	Vallencourt Construction	(124,019.58)	Cleared	
11/30/19	CUS 67	Vallencourt Construction	(224,236.39)	Cleared	
11/30/19	CUS 68	Sunstate Nursery & Landscaping Inc	(162,993.40)	Cleared	
11/30/19	CUS 69	Vallencourt Construction	(88,559.77)	Cleared	
11/30/19	CUS 70	Vallencourt Construction	(371,089.05)	Cleared	
11/30/19	CUS 71	Vallencourt Construction	(166,568.74)	Cleared	
01/29/20	CUS 72	Prosser Inc.	(3,697.19)	Cleared	
01/29/20	CUS 73	Stephens Advertising, Inc.	(2,998.77)	Cleared	
01/29/20	CUS 74	Sunstate Nursery & Landscaping Inc	(138,825.10)	Cleared	
01/29/20	CUS 75	Vallencourt Construction	(181,721.86)	Cleared	
01/29/20	CUS 76	Vallencourt Construction	(99,838.17)	Cleared	
02/17/20	CUS 77	Prosser Inc.	(19,675.00)	Cleared	
02/17/20	CUS 78	Sunstate Nursery & Landscaping Inc	(87,421.91)	Cleared	
02/17/20	CUS 79	Vallencourt Construction	(171,723.52)	Cleared	
02/17/20	CUS 80	Vallencourt Construction	(485,700.20)	Cleared	
02/17/20	CUS 81	Vallencourt Construction	(229,796.11)	Cleared	
03/26/20	CUS 82	C&H Marine Construction	(62,240.00)	Cleared	
03/26/20	CUS 83	Prosser Inc.	(68,458.25)	Cleared	
03/26/20	CUS 84	Vallencourt Construction	(536,511.38)	Cleared	
03/26/20	CUS 85	Vallencourt Construction	(280,336.16)	Cleared	
04/30/20	CUS 86	Hopping Green & Sams	(11,526.24)	Cleared	
04/30/20	CUS 87	Prosser Inc.	(15,440.16)	Cleared	
04/30/20	CUS 88	Sunstate Nursery & Landscaping Inc	(45,000.00)	Cleared	
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)	Cleared	
12/31/20	CUS 107	Vallencourt Construction	(239,341.59)	Cleared	
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)	Cleared	
09/30/20	CUS113	Prosser Inc.	(4,336.07)	Cleared	
09/30/20	CUS114	Sunstate Nursery & Landscaping Inc	(73,800.00)	Cleared	
09/30/20	CUS115	Sunstate Nursery & Landscaping Inc	(23,646.07)	Cleared	
09/30/20	CUS116	Vallencourt Construction	(14,691.43)	Cleared	
11/13/20	CUS117	O.R. Dicky Smith	(112,263.00)	Cleared	
11/13/20	CUS118	Prosser Inc.	(10,484.99)	Cleared	
12/08/20	CUS119	Vallencourt Construction	(221,166.68)	Cleared	
12/08/20	CUS120	Kompan	(12,791.09)	Cleared	
01/21/21	CUS121	Adkins Electric, Inc.	(5,600.00)	Cleared	
01/21/21	CUS122	Hopping Green & Sams	(10,122.59)	Cleared	
01/21/21	CUS123	O.R. Dicky Smith	(112,713.00)	Cleared	
01/21/21	CUS124	O.R. Dicky Smith	(123,155.00)	Cleared	
01/21/21	CUS125	Prosser Inc.	(4,803.54)	Cleared	
01/29/21	CUS126	Pizzazz Scenic	(5,886.90)	Cleared	
02/08/21	CUS127	Partridge Well Drilling	(2,875.00)	Cleared	
02/08/21	CUS128	Prestige Landscapes	(37,916.21)	Cleared	
02/18/21	CUS129	Extreme Bush Hogging	(3,701.50)	Cleared	
02/18/21	CUS130	Prosser Inc.	(3,612.60)	Cleared	
02/18/21	CUS131	Sunstate Nursery & Landscaping Inc	(90,728.48)	Cleared	
02/19/21	CUS132	Hardscape Construction, Inc	(34,500.00)	Cleared	
03/10/21	CUS133	O.R. Dicky Smith	(151,964.00)	Cleared	
03/22/21	CUS134	Hardscape Construction, Inc	(23,000.00)	Cleared	
03/22/21	CUS135	Hopping Green & Sams	(617.50)	Cleared	
03/22/21	CUS136	O.R. Dicky Smith	(149,306.00)	Cleared	
03/22/21	CUS137	Prestige Landscapes	(12,939.00)	Cleared	
03/29/21	CUS 138	Vallencourt Construction	(70,860.92)	Cleared	
03/29/21	CUS 139	Vallencourt Construction	(176,407.14)	Cleared	
04/15/21	CUS 140	VOID	VOID	VOID	
04/15/21	CUS141	Southern Recreation	(2,800.00)	AP	
04/22/21	CUS142	Adkins Electric, Inc.	(11,450.00)	Cleared	

04/22/21	CUS143	Hardscape Construction, Inc	(5,500.00)	Cleared	
04/22/21	CUS144	Hopping Green & Sams	(2,192.50)	Cleared	
04/22/21	CUS145	Kompan, Inc.	(25,316.41)	Cleared	
04/22/21	CUS146	Prosser Inc.	(9,187.44)	Cleared	
04/22/21	CUS147	Southern Recreation	(27,795.00)	Cleared	
04/22/21	CUS148	The Stripe Zone	(650.00)	Cleared	
05/26/21	CUS149	C&H Marine Construction	(62,100.00)	Cleared	
05/26/21	CUS150	Hopping Green & Sams	(632.50)	Cleared	
05/26/21	CUS151	O.R. Dicky Smith	(64,305.00)	Cleared	
05/26/21	CUS152	Prosser Inc.	0.00	Cleared	
05/26/21	CUS153	Southern Recreation	(1,009.00)	Cleared	
05/26/21	CUS154	Vallencourt Construction	(87,392.40)	Cleared	
05/26/21	CUS155	Vallencourt Construction	(12,218.79)	Cleared	
05/26/21	CUS156	Vallencourt Construction	(80,727.51)	Cleared	
06/25/21	CUS 157	Forever Lawn	(11,425.00)	Cleared	
06/25/21	CUS 158	PBM Constructors	(34,187.00)	Cleared	
07/31/21	CUS 159	Hopping Green & Sams	(825.00)	Cleared	
07/31/21	CUS 160	Prestige Landscapes	(151,276.21)	Cleared	
07/31/21	CUS 161	Sundancer Sign Graphics	(2,550.00)	Cleared	
07/31/21	CUS 162	O.R. Dicky Smith	(82,021.00)	Cleared	
07/31/21	CUS 163	Prosser Inc.	(18,286.26)	Cleared	
07/31/21	CUS 164	Vallencourt Construction	(206,033.99)	Cleared	
07/31/21	CUS 165	Vallencourt Construction	(58,841.94)	Cleared	
08/20/21	CUS 166	Forever Lawn	(6,151.00)	AP	
08/20/21	CUS 167	Hardscape Construction, Inc	(14,000.00)	AP	
08/20/21	CUS 168	PBM Constructors	(109,484.00)	AP	
08/20/21	CUS 169	Prosser Inc.	(13,617.23)	AP	
08/20/21	CUS 170	Sunstate Nursery & Landscaping Inc	(5,137.05)	AP	
08/20/21	CUS 171	Vallencourt Construction	(232,010.57)	AP	

Total Construction Requisitions:	(11,805,396.33)

Total Requisitions:
Retainage: Total Outflows:	(11,805,396.33)
- (11,805,396.33)	
Series 2018 Construction Custody Fund Balance at August 31, 2021	$	-	

Outstanding Contracts, net of retainage:			
Prosser	$	22,725.00	
Pizzazz		3,924.60	
Vallencourt Construction, Inc.		99,300.53	
Contract Sub Total		125,950.13	

Committed Funds to be Provided by Developer	
$	
121,118.57	

Capital Improvement Revenue Bonds - Series 2020

Construction & COI Account Activity Through August 31, 2021

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 Number	

Contractor		

Amount	Status
As of 08/31/21	

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	
12/7/2020	COI	Imagemaster		(1,500.00)	Cleared	
1/12/2021	COI	BNY Mellon		(7,000.00)	Cleared	
			
Total COI:	
(245,700.00)		
7/12/2018	CR 1	Ashford Mills		(3,500,000.00)	Cleared	
			Total Requisitions:	(3,500,000.00)		

Total COI & Requisitions:	(3,745,700.00)	
Total Outflows:	(3,745,700.00)	
Series 2020 Construction Fund Balance at August 31, 2021	$	15,151.85	

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
Custody Construction Account- Series 2020

Construction & COI Account Activity Through August 31, 2021

Inflows:	Developer Contribution
Due from Developer	$	3,237,669.13
363,140.03	
		
Total Inflows:	
3,600,809.16	
Outflows:	Requisitions				
Requisition Date	Requisition Number	

Contractor	

Amount	Status
As of 08/31/21	

11/13/2020	CUS 2	Besch & Smith		(323,668.12)	Cleared	
11/13/2020	CUS 3	Besch & Smith		(131,991.26)	Cleared	
1/29/2021	CUS 4	Besch & Smith		(245,868.29)	Cleared	
1/29/2021	CUS 5	Besch & Smith		(179,219.12)	Cleared	
2/18/2021	CUS 6	Besch & Smith		(355,313.37)	Cleared	
3/22/2021	CUS 7	Besch & Smith		(141,260.13)	Cleared	
4/22/2021	CUS 8	Besch & Smith		(247,214.38)	Cleared	
5/26/2021	CUS 9	Besch & Smith		(275,081.95)	Cleared	
5/26/2021	CUS 10	Prosser		(6,590.47)	Cleared	
5/26/2021	CUS 11	Vallencourt		(49,798.79)	Cleared	
7/31/2021	CUS 12	Besch & Smith		(400,572.28)	Cleared	
7/31/2021	CUS 13	Besch & Smith		(248,112.32)	Cleared	
7/31/2021	CUS 14	Vallencourt		(389,602.26)	Cleared	
8/20/2021	CUS 15	Besch & Smith		(38,011.26)	AP	
8/20/2021	CUS 16	Randy Suggs Landscaping		(201,830.13)	AP	
8/20/2021	CUS 17	Sundancer		(3,535.00)	AP	
			Total Requisitions:	(3,237,669.13)		

Total Requisitions:		(3,237,669.13)	
Retainage:		(363,140.03)	
Total Outflows:		(3,600,809.16)	
Series 2020 Construction Fund Balance at August 31, 2021	$	(0.00)	

Outstanding Contracts, net of retainage:			
Besch & Smith Civil Group	$	1,777,824.68	
Vallencourt		2,988,919.08	
Contract Sub Total		4,766,743.76	

Committed Funds to be Provided by Developer $	
4,766,743.76	

STAFF REPORTS

District Counsel

District Engineer

Construction Administrator

Tab 5

Change Order No.	1	

Date of Issuance:	Effective Date:	
Owner:	Trout Creek Community Development District	Owner's Contract No.:	
Contractor:	Vallencourt Construction Company, Inc.	Contractor’s Project No.:	
Engineer:	Prosser, Inc.	Engineer's Project No.:	
Project:	Phase 3B & 3C Civil Site Construction Services		
Contract Name: EJCDC Standard Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

The Contract is modified as follows upon execution of this Change Order:
The scope of the Work is amended to reflect the additions and deductions shown on Exhibit A attached hereto and made part of the Contract by this reference. Provided, however, that the Contractor acknowledges and agrees that it shall not commence work on the temporary cul-de-sac at Brable Court in the amount of $18,584.94 (the “Cul-de-sac”) until the District, in its sole discretion, issues a Notice to Proceed for the Cul-de-sac.
CHANGE IN CONTRACT PRICE

Original Contract Price:
$3,477,142.47	CHANGE IN CONTRACT TIMES
[note changes in Milestones if applicable]
Original Contract Times:
Substantial Completion:  	
Ready for Final Payment:  	
days or dates	
[Increase] [Decrease] from previously approved	[Increase] [Decrease] from previously approved	
Change Orders n/a:	Change Orders No.       to No.	:	
$130,616.06	Substantial Completion:  	
Ready for Final Payment:   	
days	
Contract Price prior to this Change Order:	Contract Times prior to this Change Order:	
$3,477,142.47	Substantial Completion:  	
Ready for Final Payment:  	
days or dates	
[Increase] [Decrease] of this Change Order:	[Increase] [Decrease] of this Change Order:	
$130,616.06	Substantial Completion:  	
Ready for Final Payment:  	
days or dates	
Contract Price incorporating this Change Order:

$3,607,758.53	Contract Times with all approved Change Orders:
Substantial Completion:  	
Ready for Final Payment:  	
days or dates	
RECOMMENDED:	ACCEPTED:	ACCEPTED:
By:	 	  By:	 	  By:	 	
Engineer (if required)	Owner (Authorized Signature)	Contractor
Title:	 	  Title	Title Date:	 	  Date	Date

EJCDC® C-941, Change Order.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1

Exhibit A

Phase	Change	Cost	

3B	
Add Cutoff Wall to Pond 34 per Final Plans	$	21,302.80	
3B	Change 2 curb inlets single to double	$	820.09	
3B	Change MES to Control Structure per comments	$	8,373.24	
3B	Add storm manhole per comments	$	4,981.65	
3B	RCP pipe decrease	$	(392.38)	
3B	Add gravity sewer run along Rosemont Dr. per JEA	$	45,193.57	
3B	Water line changes per JEA, including valve additions	$	15,699.19	
3B	Reuse line removal	$	(7,944.45)	
	PHASE 3B TOTAL PLAN CHANGES $	88,033.71  	

3B	
Add temporary cul at Bramble Ct. Per SJC permit comments	$	18,584.94  
PHASE 3B TEMP CLUDESAC $	18,584.94  	

3C
3C	
Add Cutoff Wall to Pond 23B per Final Plans		$	24,217.92 Changes to 4 storm pipe runs and 1 sanitary sewer run	$		(220.51)
PHASE 3C TOTAL PLAN CHANGES $	23,997.41  	

PHASE 3B + 3C TOTAL CHANGE $	130,616.06	

Note: It is the intent of owner to work with St. Johns County to eliminate the Temporary Culdesac at Bramble Court. This work will be issued a separate Notice to Proceed, if and when construction of this temporary culdesac is required.

PHASE 3B PLAN CHANGES ‐ BID SET TO CONSTRUCTION SET	
Phase	Item #	Description	Bid Qty.	UM	Unit Bid Price	Total Bid Price	Bid Qty.	UM	Unit Bid Price	Total Bid Price	
		3B				$2,866,847.23					
3B	303 Maintain Silt Fence	4755 LF	$1.05	$4,992.75	246 LF	$1.05	$258.30	
	1007 Cutoff Wall		LF			760 LF	$28.03	$21,302.80	
3B	3028 Curb Inlet 8‐10' Deep	2 EACH	$5,324.04	$10,648.08	‐1 EACH	$5,324.04	($5,324.04)	
3B	3029 Curb Inlet 10‐12' Deep	4 EACH	$7,303.93	$29,215.72	‐1 EACH	$7,303.93	($7,303.93)	
3B	3042 Dbl. Curb Inlet 8‐10' Deep	2 EACH	$6,210.69	$12,421.38	1 EACH	$6,210.69	$6,210.69	
3B	3043 Dbl. Curb Inlet 10‐12' Deep	2 EACH	$7,237.37	$14,474.74	1 EACH	$7,237.37	$7,237.37	
	3058 Control Structure 16'‐18' Deep Modified Type H	EACH			1 EACH	$13,300.61	$13,300.61	
	3063 Storm Manhole 8‐10' Deep		EACH			1 EACH	$4,981.65	$4,981.65	
3B	3090.1 48" Index 272 Mitered End Section	2 EACH	$4,927.37	$9,854.74	‐1 EACH	$4,927.37	($4,927.37)	
3B	3227 48" RCP 6‐8' Deep	229 LF	$196.19	$44,927.51	‐2 LF	$196.19	($392.38)	
3B	4015 Type A Manhole 6‐8' deep	6 EACH	$3,134.98	$18,809.88	5 EACH	$3,134.98	$15,674.90	
3B	4068 Manhole Top Out	24 EACH	$258.26	$6,198.24	5 EACH	$258.26	$1,291.30	
3B	4069 Pour Inverts	26 EACH	$236.53	$6,149.78	5 EACH	$236.53	$1,182.65	
3B	4112 8" SDR 26 Sewer Main 6‐8' Deep	1138 LF	$41.14	$46,817.32	769 LF	$41.14	$31,636.66	
3B	4114 8" SDR 26 Sewer Main 10‐12' Deep	243 LF	$52.07	$12,653.01	‐160 LF	$52.07	($8,331.20)	
3B	4144 Punch Out Sewer	3778 LF	$1.74	$6,573.72	609 LF	$1.74	$1,059.66	
3B	4146 TV Test Sewer Main	3778 LF	$4.40	$16,623.20	609 LF	$4.40	$2,679.60	
3B	7017 2" Water Main	300 LF	$8.60	$2,580.00	284 LF	$8.60	$2,442.40	
3B	7084 8" Cross	4 EACH	$1,073.08	$4,292.32	‐4 EACH	$1,073.08	($4,292.32)	
3B	7097 8" Gate Valve	12 EACH	$1,677.70	$20,132.40	5 EACH	$1,677.70	$8,388.50	
3B	7098 6" Gate Valve	12 EACH	$1,181.80	$14,181.60	‐1 EACH	$1,181.80	($1,181.80)	
3B	7099 4" Gate Valve	1 EACH	$982.47	$982.47	‐1 EACH	$982.47	($982.47)	
3B	7102 Locate Wire Box	10 EACH	$351.09	$3,510.90	1 EACH	$351.09	$351.09	
3B	7133 8 x 6" Tee	5 EACH	$479.93	$2,399.65	5 EACH	$479.93	$2,399.65	
	7132 8 X 8" Tee		EACH			3 EACH	$570.82	$1,712.46	
	7159 8" 45 Bend		EACH			6 EACH	$364.33	$2,185.98	
	7160 6" 45 Bend		EACH			4 EACH	$353.59	$1,414.36	
3B	7165 8" 22.5 Bend	1 EACH	$362.43	$362.43	6 EACH	$362.43	$2,174.58	
3B	7187 8x6" Reducer	4 EACH	$310.27	$1,241.08	‐1 EACH	$310.27	($310.27)	
	7014 8x4" Reducer		EACH			‐1 EACH	$310.27	($310.27)	
3B	7189 6x4" Reducer	3 EACH	$219.14	$657.42	1 EACH	$219.14	$219.14	
3B	7246 Punch Out for Water Main	5100 LF	$1.93	$9,843.00	284 LF	$1.93	$548.12	
3B	7248 Flushing & BT's for Water Main	5100 LF	$0.87	$4,437.00	284 LF	$0.87	$247.08	
3B	7249 Locate Wire Test For Water Main	5100 LF	$0.51	$2,601.00	284 LF	$0.51	$144.84	
3B	7250 Pressure Test for Water Main	5100 LF	$1.93	$9,843.00	284 LF	$1.93	$548.12	
3B	9014 8" DR18 PVC Reuse Main	10 LF	$97.13	$971.30	‐10 LF	$97.13	($971.30)	
3B	9015 6" DR18 PVC Reuse Main	40 LF	$28.43	$1,137.20	‐40 LF	$28.43	($1,137.20)	
3B	9091 8" Sleeve	2 EACH	$556.95	$1,113.90	‐2 EACH	$556.95	($1,113.90)	
3B	9100.1 Flushing Hydrant	2 EACH	$1,639.01	$3,278.02	‐2 EACH	$1,639.01	($3,278.02)	
3B	9101 Locate Wire Box	1 EACH	$228.93	$228.93	‐1 EACH	$228.93	($228.93)	
3B	9183 8x6" Reducer	2 EACH	$310.27	$620.54	‐2 EACH	$310.27	($620.54)	
3B	9191 6" Cap	2 EACH	$171.03	$342.06	‐2 EACH	$171.03	($342.06)	
3B	9239 Punch Out for Reuse Main	50 LF	$1.74	$87.00	‐50 LF	$1.74	($87.00)	
3B	9240 Flushing for Reuse Main	50 LF	$0.87	$43.50	‐50 LF	$0.87	($43.50)	
3B	9241 Locate Wire Test For Reuse Main	50 LF	$0.51	$25.50	‐50 LF	$0.51	($25.50)	
3B	9242 Pressure Test for Reuse Main	50 LF	$1.93	$96.50	‐50 LF	$1.93	($96.50)	
Add Temp Culdesac per St. Johns County Comments	
3B	1304 Subsoil Stabilization	15451 SY	$6.90	$106,611.90	793 SY	$6.90	$5,471.70	
3B	1402 6" Limerock	13229 SY	$10.64	$140,756.56	723 SY	$10.64	$7,692.72	
3B	1503 1" Asphalt Pavement SP 12.5 1st Lift	13229 SY	$6.59	$87,179.11	723 SY	$6.59	$4,764.57	
3B	1517 Prime Limerock	13229 SY	$0.55	$7,275.95	723 SY	$0.55	$397.65	
	Total Change	$106,618.65	

PHASE 3C PLAN CHANGES ‐ BID SET TO CONSTRUCTION SET	
Phase	Item #	Description	Bid Qty.	UM	Unit Bid Price	Total Bid Price	Bid Qty.	UM	Unit Bid Price	Total Bid Price	DELTA	
3C	1007 Cutoff Wall	0 LF	$0.00	$0.00	864 LF	28.03	$24,217.92	$24,217.92	
3C	3139 48" ADS 6‐8' Deep	0 LF	$0.00	$0.00	236 LF	$172.07	$40,608.52	$40,608.52	
3C	3140.07 60" ADS 6‐8' Deep	411 LF	$194.41	$79,902.51	175 LF	$194.41	$34,021.75	($45,880.76)	
3C	3199 24" RCP 6‐8' Deep	1640 LF	$95.67	$156,898.80	1006 LF	$95.67	$96,244.02	($60,654.78)	
3C	3200 24" RCP 8‐10' Deep	66 LF	$104.03	$6,865.98	0 LF	$104.03	$0.00	($6,865.98)	
3C	3206 30" RCP 6‐8' Deep	0		$0.00	$0.00	634 LF	$116.84	$74,076.56	$74,076.56	
3C	3207 30" RCP 8‐10' Deep	166 LF	$121.82	$20,222.12	378 LF	$121.82	$46,047.96	$25,825.84	
3C	3214 36" RCP 8‐10' Deep	752 LF	$146.46	$110,137.92	606 LF	$146.46	$88,754.76	($21,383.16)	
3C	4113 8" SDR 26 Sewer Main 8‐1	71 LF	$44.65	$3,170.15	146 LF	$44.65	$6,518.90	$3,348.75	
3C	4115 8" SDR 26 Sewer Main 12	75 LF	$61.97	$4,647.75	‐75 LF	$61.97	($4,647.75)	($9,295.50)	
	Total Change	$23,997.41	

Change Order No. _3_

Date of Issuance:

 	, 2021		Effective Date:

 	, 2021	

Project: Trout Creek Community Development District – Phase 3 Civil Site Construction	Owner: Trout Creek Community Development District	Owner's Contract No.: NA	
Contract: Standard Form of Agreement between Owner and Contractor for Construction Contract (Stipulated Price)	Date of Contract:  		
Contractor: Besch and Smith Civil Group, 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    Working days	 Calendar days
$4,302,655.54	Substantial completion (days or date): 405
Ready for final payment (days or date): 465

[Increase] [Decrease] from previously approved Change	[Increase] [Decrease] from previously approved Change Orders
Orders No.      to No.	No.	to No.	:
$392,290.39	Substantial completion (days):  	 Ready for final payment (days):  	

Contract Price prior to this Change Order:	Contract Times prior to this Change Order:
$4,694,945.93	Substantial completion (days or date): 426
Ready for final payment (days or date): 486

[Increase] [Decrease] of this Change Order:	[Increase] [Decrease] of this Change Order:
$9,373.92	Substantial completion (days or date): 5
Ready for final payment (days or date): 5

Contract Price incorporating this Change Order:	Contract Times with all approved Change Orders:
$4,704,319.85	Substantial completion (days or date): 431
Ready for final payment (days or date): 491

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

EXHIBIT A

Landscape Maintenance

Amenity and Maintenance

Discussion of Bollard Light Removal on Golf Cart Path from North Creek entrance to Pine Tree Lane

District Manager

Tab 6

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

Service Report

Date: September 23 & 30, 2021	Biologists: Jim Charles, Shayne Wilford	
Client: Trout Creek CDD		
Waterways: 24 ponds		
Conditions: Mostly sunny, 75 F and calm winds.	
Entry Pond: Pond was an 8 (good condition). Water level is normal.

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

Pond 1a: This pond was a 9 (very good condition). Water level is normal.

Pond 1b: This pond was an 8 (good condition). Water level is normal.

Pond 2a: This pond was a 7 (good condition). Water level is normal. Checked fish barrier.

Pond 2b: This pond was an 8 (good condition). Pond level is normal. Inspected fish barrier.

Pond 3a: This pond was a 6 (good condition). Water level is normal. Treated perimeter for torpedo grass and alligator weed.

Pond 6: This pond was a 7 (good condition). Water level is normal. Checked fish barrier. Perimeter treatment last month for torpedo grass and pennywort had good results.

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

Pond 7b: Pond was a 6 (fair condition). Water level is normal. Treated for algae by boat on the 30th.

Pond 7c: Pond was a 6 (fair to good condition). Water level is normal. Treated perimeter for torpedo grass and cattails.

Pond 8a: Pond was a 7 (fair to good condition). Water level is normal.

Pond 9a: Pond was a 7 (good condition). Water level is normal.

Pond 9b: Pond was in good condition. Water level is normal. Perimeter treatment last month for torpedo grass, Primrose and pennywort was effective.

Note: Significant erosion at end of pond is being addressed.

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

Pond 10a: Pond was a 7 (good condition). Water level is normal. Treatment of perimeter last month for torpedo grass, cattails and Maiden Cane had good results.

Pond 10c: Pond was a 6 (fair condition). Water level is normal. Treated pond for algae on the 30th.

Pond 10d: Pond was an 8 (good condition) this month. Water level is normal.

Pond 11a: Pond was an 8 (good condition). Water level is normal.

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

Pond 11c: Pond was in good condition. Water level is normal.

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

Pond 14: Pond was in good condition. Water level is good.

Pond 14b: Pond was in good condition. Water level is normal.

Jim Charles

Landscape MaintenanceAre,._a..,s=• 	 	

Trout Creek CDD

_l _

LEGEND
-	-  HOAMaintained Areas
-	-  CDD Maintained Areas (Phase I)

-	-    Homeowner Maintained Pond Bank
-    Maintenance Access Easement

••••••- CDDMaintainedTrail

""""'" -   CDD Maintained Boardwalk

	CODZ"lrrigationmelnfl		
	CODElectri<mele<l1,275ShearwalHPkw,	
	CDDEle<tri<mtlHf2,4l55hHrwillHPkwJ.(Philse11rrigationClockhere).	
	Phut1C,2"HOAtnigatlonmtltr,19Tallulrill	
	Townhomededicatedirrigatlondock,21SeastarCt.	
	COOEle<tri<melHD,6J9ShurwalHPkwy	
	CDD2"1rrigationmeteft2	
	COOEl..:trkmtlHf5,871ShurwaltrPkwr	
	COOEIMtrl<mflHM,121KiyakClubW1y	
10	CODAme11itylnigationCl1>ek	
11	COOEIKtrl<me!Hl6,2S6KayakClubWay	
12	HOAl"lrrigationmete-r	
13	CODl"lrrlgatlonmeter,805GlenneyereCt.(Delllcat.cllrrigaUondodthertl	
14	CD01"irrigatlonmeter175,Glenneyen1Ct.(DediutedlnigationdockMrel	
15	CDD2"1rrigationmetn,18FallsD,.	
16	CDDEIK1ri<meter17,79Fall,Dr.(Pha'if'21nigationdod)	
17	CDDEIK1ri<melnt9, BJ.l.ppianhe	
18	CDDPhi'it'lClrrigatlondodlflhere	
19	CDD2"1rrigationmeln,344BowtfJAff	
20	CDD1"1rrlgatlonmetn,99TildenCt.(Dedkomdlrrigatlondodc)	
21	CDDEIKlrkmelerl11,0RidgewindDr.	
22	CDD2"1rrlgatlonmeln,1744ShurwaterPkwJ	
2l	CDDElectri<meterl10,1626She;irwaterPkwy.2"1rrigationmeterhere. (Ph.i.,.2Clrrigationdockl2hne)		
24	HOA2"1rrigationmeter,1S60Shearwaterl'kwy		
25	COD EIKlri<meler Ill,158 D.illonCi1.Also l"potable melertostfYe Dog
partand<iarden		
26	CDD1"1rrigationmeln,J6JWindleyDr.(Dediutedlnigaliondod)		
27	CDD1"1rrigationmetn,9115Windl"}'Or.(Dedkatetllrrigationdock)		
28	CDDEl..:lri<mtlerlG,15ShearwaterPllwy		

PROSSER
December7,2020

BUSINESS ITEMS

Tab 7

RESOLUTION 2022-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE PUBLIC’S OPPORTUNITY TO BE HEARD; DESIGNATING PUBLIC COMMENT PERIODS; DESIGNATING A PROCEDURE TO IDENTIFY INDIVIDUALS SEEKING TO BE HEARD; ADDRESSING PUBLIC DECORUM; ADDRESSING EXCEPTIONS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

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

WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt resolutions as may be necessary for the conduct of District business; and

WHEREAS, Section 286.0114, Florida Statutes, requires that members of the public be given a reasonable opportunity to be heard on a proposition before a board or commission; and

WHEREAS, Section 286.0114, Florida Statutes, sets forth guidelines for rules and policies that govern the public’s opportunity to be heard at a public meeting; and

WHEREAS, the District’s Board of Supervisors (“Board”) finds that it is in the best interests of the District to adopt by resolution a policy (“Public Comment Policy”) for immediate use and application.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1.	DESIGNATING PUBLIC COMMENT PERIODS.	The District’s
Chairperson, his or her designee, or such other person conducting a District meeting (“Presiding Officer”), shall ensure that there is at least one period of time (“Public Comment Period”) in the District’s meeting agenda whereby the public has an opportunity to be heard on propositions before the Board, as follows:

An initial Public Comment Period shall be provided at the start of each Board meeting before consideration of any propositions by the Board (“Initial Public Comment Period”). In the event there are propositions that come before the Board that are not listed on the agenda, the Presiding Officer shall announce a Public Comment Period on such proposition prior to the Board voting on the matter.

Speakers shall be permitted to address any agenda item during the Initial Public Comment Period. Comments related to personal or general concerns may be provided during the general comment period at the end of the meeting.

Individuals wishing to make a public comment are limited to three (3) minutes per person. Potential speakers may not assign his/her three (3) minutes to extend another speaker’s time.

The Presiding Officer may extend or reduce the time periods set forth herein in order to facilitate orderly and efficient District business, provided however that a reasonable opportunity for public comment shall be provided consistent with the requirements of Section 286.0114, Florida Statutes. The Presiding Officer may also elect to set and announce additional Public Comment Periods if he or she deems it appropriate.

SECTION 2.	DESIGNATING A PROCEDURE TO IDENTIFY INDIVIDUALS
SEEKING TO BE HEARD. Unless otherwise directed and declared by the Presiding Officer, individuals seeking to be heard on propositions before the Board shall identify themselves by a show of hands at the beginning of each Public Comment Period, as announced by the Presiding Officer. Alternatively, in the event that public attendance is high, and/or if otherwise in the best interests of the District in order to facilitate efficient and orderly District business, the Presiding Officer may require individuals to complete speaker cards that include the individual’s name, address, the proposition on which they wish to be heard, the individual’s position on the proposition (i.e., “for,” “against,” or “undecided”), and if appropriate, to indicate the designation of a representative to speak for the individual or the individual’s group. In the event large groups of individuals desire to speak, the Presiding Officer may require each group to designate a representative to speak on behalf of such group.

Sections 1 and 2 herein shall be deemed to apply only to District Board meetings, but the Presiding Officer of a District workshop in his or her discretion may elect to apply such Sections to District workshops.

SECTION 3. PUBLIC DECORUM. The following policies govern public decorum at public meetings and workshops:

Each person addressing the Board shall proceed to the place assigned for speaking, and should state his or her name and address in an audible tone of voice for the public record.

All remarks shall be addressed to the Board as a body and not to any member thereof or to any staff member. No person other than a Board Supervisor or District staff member shall be permitted to enter into any discussion with an individual speaker while he or she has the floor, without the permission of the Presiding Officer.

Nothing herein shall be construed to prohibit the Presiding Officer from maintaining orderly conduct and proper decorum in a public meeting. Speakers shall refrain from disruptive behavior, and from making vulgar or threatening remarks. Speakers shall refrain from launching personal attacks against any Board Supervisor, District staff member, or member of the public. The Presiding Officer shall have the discretion to remove any speaker who disregards these policies from the meeting.

In the case that any person is declared out of order by the Presiding Officer and ordered expelled, and does not immediately leave the meeting facilities, the following steps may be taken:

The Presiding Officer may declare a recess.
The Presiding Officer may contact the local law enforcement authority.
In case the person does not remove himself or herself from the meeting, the Presiding Officer may request that he or she be placed under arrest by local law enforcement authorities for violation of Section 871.01, Florida Statutes, or other applicable law.

SECTION 4. EXCEPTIONS. The Board recognizes and may apply all applicable exceptions to Section 286.0114, including those set forth in Section 286.0114(3) and other applicable law. Additionally, the Presiding Officer may alter the procedures set forth in this Public Comment Policy for public hearings and other special proceedings that may require a different procedure under Florida law.

SECTION 5. SEVERABILITY. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 6. EFFECTIVE DATE. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. Furthermore, upon its passage this Resolution supersedes any Public Comment Policy previously adopted by the District.

PASSED AND ADOPTED this	day of	, 2021.

ATTEST:	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

 	

Print Name: 	
Secretary/Assistant Secretary

Chairperson, Board of Supervisors

Tab 8

RESOLUTION 2022-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT TO DESIGNATE THE DATE, TIME AND PLACE OF A PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF RATES REGARDING DISTRICT KAYAK OUTPOST.

WHEREAS, the Trout Creek Community Development District (“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 (“Board”) is authorized by Sections 190.011(5) and 190.035, Florida Statutes, to adopt rules, orders, rates, fees and charges pursuant to Chapter 120, Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT:

Section 1. The District’s Board of Supervisors intends to establish fees related to the use of the District’s recreation facilities and services, a proposed copy of which is attached hereto as Exhibit A, and will hold a public hearing at a meeting of the Board to be held on
 	, 2021, at         a/p.m., at	.

Section 2. At said public hearing, the Board will consider the rates, fees and charges of the District as more particularly set forth in attached Exhibit A.

Section 3. The District Secretary is directed to publish notice of the hearing in accordance with Section 120.54, Florida Statutes.

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

PASSED AND ADOPTED THIS         DAY OF	, 2021.

ATTEST:	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

EXHIBIT A: Kayak Outpost Rental Rates

Exhibit A
Kayak Outpost Rental Rates
(Under Separate Cover )

Consideration of Kayak Outpost Policies
(Under Separate Cover)

Consideration of Extending Gym Hours
(Under Separate Cover)

Tab 9

Landscape Maintenance Proposal

Property Name: Shearwater Company Name: Trout Creek CDD
Phase 3A Landscaping

Contact Name:	Trout Creek CDD .	Property Address:	100 Kayak Way	
		St. Augustine, FL 32092	

Services	
Frequency	
Amount	
Full Service Maintenance: Mowing	40	$9,457.56	
Full Service Maintenance: Detail	12	$2,752.44	
Irrigation Management	12	$1,619.76	
Chemical/Fertilization Program - St. Augustine Turf	6	$4,741.74	
Shrub, Tree, and Palm Fertilization Program	2	$833.74	

MONTHLY INVESTMENT	$1,617.10

ANNUAL INVESTMENT	$19,405.24

*For Mowing Services Only before adding to the contract the cost would be $236.44 per cut

Contract Period	September 1, 2021	to	August 31, 2022

Tab 10

AGREEMENT FOR INSTALLATION OF ELECTRICAL SERVICES BETWEEN THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT AND
ADKINS ELECTRIC, INC.
[PHASE 3A PRIMARY CONDUIT SYSTEM]

This Agreement (“Agreement”) is made and entered into this 25th day of August, 2021, by and between:

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

ADKINS ELECTRIC, INC., a Florida corporation, with a mailing address of 10477 New Kings Road, Jacksonville, Florida 32219 ("Contractor", together with District, “Parties”).

RECITALS

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

WHEREAS, the District desires to retain an independent contractor to provide certain electrical installation services within the areas located within the District known as Phase 3A in accordance with the specifications and/or drawings attached hereto as Exhibit A and incorporated herein by reference; and

WHEREAS, Contractor represents that it is capable of providing the services as identified in Contractor’s Proposal dated June 2, 2021, attached hereto as Exhibit B and incorporated herein by reference (“Work”), and desires to contract with the District to do so in accordance with the terms of this Agreement; 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. INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated by reference as a material part of this Agreement.

SECTION 2. DUTIES. District agrees to use Contractor to provide the Work in accordance with the terms of this Agreement. Contractor shall provide electrical conduit installation services, as described in Exhibits A and B. The Work shall include any effort specifically required by this Agreement and Exhibit A reasonably necessary to allow the District

to receive the maximum benefit of all of the Work and items described herein and demonstrated in Exhibit A, including but not limited to, the repair, construction, installation, and all materials reasonably necessary. 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 hereby agrees to comply with all applicable laws, rules, and regulations. 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. To the extent any of the provisions of this Agreement are in conflict with the provisions of Exhibit A, this Agreement controls.

SECTION 3.	COMPENSATION, PAYMENT, AND RETAINAGE.	The District shall pay
Contractor a total of Twenty-Seven Thousand Eight Hundred Dollars ($27,800.00) for the Work as identified in Exhibit A attached hereto and incorporated herein by reference. Payments shall be made as follows: 10% upon execution of this Agreement and the balance due upon completion of the Project. Approval of Contractor’s Payment Application for the balance outstanding upon completion under this Agreement (“Final Payment Application”), shall be approved by the District upon the following conditions being satisfied: i) District Engineer’s certification that the Work is satisfactorily complete; ii) completion of any applicable punchlist items; iii) assignment of any warranties on material or equipment installed; iv) final waivers/releases of lien from all vendors, subcontractors and materialmen which have provided labor and /or materials for performance of the services necessary to complete the Work which shall accompany Contractor’s final Payment Application; v) completion of any required as-built plans; and vi) execution of a wavier and release of lien. The District shall provide payment within forty-five (45) days of receipt of invoices.

SECTION 4. WARRANTY. The 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, and will conform to the standards and practices for projects of similar design and complexity in an expeditious and economical manner consistent with the best interest of the District. In addition to all manufacturer warranties, if any, for materials purchased for purposes of this Agreement, all Work provided by the Contractor pursuant to this Agreement shall be warranted for two (2) years from the date of acceptance of the Work by the District. Contractor shall replace or repair warranted items to the District’s satisfaction and in the District’s discretion. Neither final acceptance of the Work, nor final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or Work. If any of the materials or Work are found to be defective, deficient or not in accordance with the 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 District property or the property of landowner’s within the District.

SECTION 5.	INSURANCE.

The Contractor shall maintain throughout the term of this Agreement the following insurance:

Worker’s Compensation Insurance in accordance with the laws of the State of Florida.

Commercial General Liability Insurance covering the Contractor’s legal liability for bodily injuries, with limits of not less than
$1,000,000 combined single limit bodily injury and property damage liability, and covering at least the following hazards:

Independent Contractors Coverage for bodily injury and property damage in connection with any subcontractors’ operation.

Employer’s Liability Coverage with limits of at least $1,000,000 (one million dollars) per accident or disease.

Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District, its staff, consultants and supervisors shall be named as additional insured. The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida.

If the 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 the 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 6. INDEMNIFICATION.

Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, employees, successors, assigns, members, affiliates, or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Services to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration,

appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District’s percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault.

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, paralegal fees, expert witness fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District.

SECTION 7. 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 8.	COMPLIANCE WITH   LAWS, ORDINANCES, AND   REGULATION.   The
Contractor shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or materialmen, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

SECTION 9.     LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District’s property free from any materialmen’s or mechanic’s liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor’s performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) 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 10.	DEFAULT. 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.

SECTION 11. SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.

SECTION 12. TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing thirty (30) days’ written notice of termination to the District stating a failure of the District to perform according to the terms of this Agreement; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days’ written notice of termination without cause. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor.

SECTION 13. PERMITS AND LICENSES. All permits and licenses necessary for the performance of this Agreement shall be obtained and paid for by the Contractor.

SECTION 14. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other. Any purported assignment without such approval shall be void.

SECTION 15. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor nor employees of the Contractor, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.

SECTION 16. 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 17. ENFORCEMENT OF AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the Parties relating to the subject matter of this Agreement. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the 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 18. 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 Parties.

SECTION 19. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the Parties, the Parties have complied with all the requirements of law, and the Parties have full power and authority to comply with the terms and provisions of this Agreement.

SECTION 20. NOTICES. All notices, requests, consents and other communications under this Agreement (“Notice” or "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:

If to District:	Trout Creek
Community Development District 2806 N. 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

If to the Contractor:	Adkins Electric, Inc.
10477 New Kings Road Jacksonville, Florida 32219 Attn: Steve Vandeveer

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 the District and counsel for the Contractor may deliver Notices on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the 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 23. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the Parties hereto and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. 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 of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Parties hereto and their respective representatives, successors, and assigns.

SECTION 24. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. All actions and disputes shall be brought in the proper court and venue, which shall be St. Johns County, Florida.

SECTION 25. COMPLIANCE WITH PUBLIC RECORDS LAWS. 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 the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, 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 the Contractor, the 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, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, 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 26. 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 27. E-VERIFY. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, to the extent required by Florida Statute, Contractor shall register with and use the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes. By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

SECTION 28. ARM’S LENGTH TRANSACTION. 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 with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the Parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

SECTION 29. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

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	Chairperson, Board of Supervisors

ADKINS ELECTRIC, INC.

By:_ 	
(Signature of Witness)	Print:		 Its: 	

Exhibit A: FPL Plan
Exhibit B: Scope of Work

DocuSign Envelope ID: 31814515-1AC7-4B56-8472-40D240177CEC

Exhibit A

9

DocuSign Envelope ID: 31814515-1AC7-4B56-8472-40D240177CEC

10

DocuSign Envelope ID: 31814515-1AC7-4B56-8472-40D240177CEC

11

DocuSign Envelope ID: 31814515-1AC7-4B56-8472-40D240177CEC

12

DocuSign Envelope ID: 31814515-1AC7-4B56-8472-40D240177CEC

13

DocuSign Envelope ID: 31814515-1AC7-4B56-8472-40D240177CEC

14

DocuSign Envelope ID: 31814515-1AC7-4B56-8472-40D240177CEC

15

DocuSign Envelope ID: 31814515-1AC7-4B56-8472-40D240177CEC

Exhibit B

Tab 11

AGREEMENT FOR INSTALLATION OF ELECTRICAL SERVICES BETWEEN THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT AND
ADKINS ELECTRIC, INC. [PHASE 3A STREET LIGHTING]

This Agreement (“Agreement”) is made and entered into this 25th day of August, 2021, by and between:

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

ADKINS ELECTRIC, INC., a Florida corporation, with a mailing address of 10477 New Kings Road, Jacksonville, Florida 32219 ("Contractor", together with District, “Parties”).

RECITALS

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

WHEREAS, the District desires to retain an independent contractor to provide certain electrical installation services within the areas located within the District known as Phase 3A in accordance with the specifications and/or drawings attached hereto as Exhibit A and incorporated herein by reference; and

WHEREAS, Contractor represents that it is capable of providing the services as identified in Contractor’s Proposal, dated June 14, 2021, attached hereto as Exhibit A and incorporated herein by reference (“Work”), and desires to contract with the District to do so in accordance with the terms of this Agreement; 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. INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated by reference as a material part of this Agreement.

SECTION 2. DUTIES. District agrees to use Contractor to provide the Work in accordance with the terms of this Agreement. Contractor shall provide electrical conduit installation services, as described in Exhibit A. The Work shall include any effort specifically

required by this Agreement and Exhibit A reasonably necessary to allow the District to receive the maximum benefit of all of the Work and items described herein and demonstrated in Exhibit A, including but not limited to, the repair, construction, installation, and all materials reasonably necessary. 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 hereby agrees to comply with all applicable laws, rules, and regulations. 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. To the extent any of the provisions of this Agreement are in conflict with the provisions of Exhibit A, this Agreement controls.

SECTION 3.	COMPENSATION, PAYMENT, AND RETAINAGE.	The District shall pay
Contractor a total of One Hundred Fifty One Thousand Dollars ($151,000.00) for the Work as identified in Exhibit A attached hereto and incorporated herein by reference. Payments shall be made as follows: 10% upon execution of this Agreement and the balance due upon completion of the Project. Approval of Contractor’s Payment Application for the balance outstanding upon completion under this Agreement (“Final Payment Application”), shall be approved by the District upon the following conditions being satisfied: i) District Engineer’s certification that the Work is satisfactorily complete; ii) completion of any applicable punchlist items; iii) assignment of any warranties on material or equipment installed; iv) final waivers/releases of lien from all vendors, subcontractors and materialmen which have provided labor and /or materials for performance of the services necessary to complete the Work which shall accompany Contractor’s final Payment Application; v) completion of any required as-built plans; and vi) execution of a wavier and release of lien. The District shall provide payment within forty-five (45) days of receipt of invoices.

SECTION 4. WARRANTY. The 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, and will conform to the standards and practices for projects of similar design and complexity in an expeditious and economical manner consistent with the best interest of the District. In addition to all manufacturer warranties, if any, for materials purchased for purposes of this Agreement, all Work provided by the Contractor pursuant to this Agreement shall be warranted for two (2) years from the date of acceptance of the Work by the District. Contractor shall replace or repair warranted items to the District’s satisfaction and in the District’s discretion. Neither final acceptance of the Work, nor final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or Work. If any of the materials or Work are found to be defective, deficient or not in accordance with the 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 District property or the property of landowner’s within the District.

SECTION 5.	INSURANCE.

The Contractor shall maintain throughout the term of this Agreement the following insurance:

Worker’s Compensation Insurance in accordance with the laws of

the State of Florida.

Commercial General Liability Insurance covering the Contractor’s legal liability for bodily injuries, with limits of not less than
$1,000,000 combined single limit bodily injury and property damage liability, and covering at least the following hazards:

Independent Contractors Coverage for bodily injury and property damage in connection with any subcontractors’ operation.

Employer’s Liability Coverage with limits of at least $1,000,000 (one million dollars) per accident or disease.

Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District, its staff, consultants and supervisors shall be named as additional insured. The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida.

If the 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 the 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 6. INDEMNIFICATION.

Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, employees, successors, assigns, members, affiliates, or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Services to be performed by Contractor, its subcontractors, its employees and agents in

connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District’s percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault.

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, paralegal fees, expert witness fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District.

SECTION 7. 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 8.	COMPLIANCE WITH   LAWS, ORDINANCES, AND   REGULATION.   The
Contractor shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or materialmen, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

SECTION 9.     LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District’s property free from any materialmen’s or mechanic’s liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor’s performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) 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 10. DEFAULT. 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.

SECTION 11. SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.

SECTION 12. TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing thirty (30) days’ written notice of termination to the District stating a failure of the District to perform according to the terms of this Agreement; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days’ written notice of termination without cause. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor.

SECTION 13. PERMITS AND LICENSES. All permits and licenses necessary for the performance of this Agreement shall be obtained and paid for by the Contractor.

SECTION 14. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other. Any purported assignment without such approval shall be void.

SECTION 15. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor nor employees of the Contractor, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.

SECTION 16. 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 17. ENFORCEMENT OF AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the Parties relating to the subject matter of this Agreement. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the 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 18. 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 Parties.

SECTION 19. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the Parties, the Parties have complied with all the requirements of law, and the Parties have full power and authority to comply with the terms and provisions of this Agreement.

SECTION 20. NOTICES. All notices, requests, consents and other communications under this Agreement (“Notice” or "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:

If to District:	Trout Creek
Community Development District 2806 N. 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

If to the Contractor:	Adkins Electric, Inc.
10477 New Kings Road Jacksonville, Florida 32219 Attn: Steve Vandeveer

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 the District and counsel for the Contractor may deliver Notices on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the 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 23. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the Parties hereto and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. 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 of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Parties hereto and their respective representatives, successors, and assigns.

SECTION 24. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. All actions and disputes shall be brought in the proper court and venue, which shall be St. Johns County, Florida.

SECTION 25. COMPLIANCE WITH PUBLIC RECORDS LAWS. 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 the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, 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 the Contractor, the 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, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, 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 26. 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 27. E-VERIFY. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, to the extent required by Florida Statute, Contractor shall register with and use the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes. By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

SECTION 28. ARM’S LENGTH TRANSACTION. 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 with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the Parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

SECTION 29. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

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	Chairperson, Board of Supervisors

ADKINS ELECTRIC, INC.

By:_ 	
(Signature of Witness)	Print:		 Its: 	

Exhibit A: Scope of Work

Exhibit A

AUDIENCE COMMENTS AND SUPERVISOR REQUESTS

ADJOURNMENT